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WESTERN  ILLINOIS  UNIVERSITY  LIBRARY 

ILLINOIS.  348ILLI 

ILX  C001 

LAWS  OF  THE  STATE  OF  ILLINOIS$  SPRINGFIE 


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State  of  Illinois, 
Office  of  Secretary  of  State. 

This  copy  of  the  session  laws  is  distributed  pursuant  to  section  50 
of  an  Act  entitled  "An  Act  to  revise  the  law  in  relation  to  State  con- 
tracts," approved  June  22,  1915,  in  force  July  1,  1915. 

Louis  L.  Emmerson, 

Secretary  of  State. 


LAWS 


OF    THE 


STATE  OF   ILLINOIS 


ENACTED  BY  THE 


Fifty-first  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.   1919,    AND    ADJOURNED    SINE    DIE    ON 

THE  THIRTIETH  DAY  OF  JUNE  A.  D.  1919 


SEP  1  5  1371 


DOCUMENTS    LIBRARY 
WESTERN    ILLINOIS    UNIV. 
MACOMB,    ILLINOIS 


[Printed  by  authority  of  the   State  of  Illinois.] 


Springfield,  III. 

Illinois  State  Journal  Co.,  State  Printers. 

19  19 


20619— 15M 


CONTENTS. 


Administration  of  Estates  :  page. 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  the  administration  of 
estates,"  approved  April  1,  1872,  in  force  July  1,  1872,  as  amended,  by 
amending-  sections  11,  32,  59,  90,  112  and  130  thereof,  and  by  adding 
thereto  three  sections  to  be  known  as  sections  136,   137  and  138 1 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  the  administration 
of  estates,"  approved  April  1,  1872,  in  force  July  1,  1872,  by  adding 
thereto  a  new  section  to  be  known  as  section   Ilia 4 

An  Act  to  amend  sections  91  and  95  of  an  Act  entitled,  "An  Act  in  regard 
to  the  administration  of  estates,"  approved  April  1,  1872,  in  force  Julv 
1,   1872,   as  amended S 

Administration  of  State  Government  : 

An  Act  to  amend  sections  6  and  63  of  an  Act  entitled,  "An  Act  in  relation 
to  the  civil  administration  of  the  State  government,  and  to  repeal  certain 
Acts  therein  named,"  approved  March  7,  1917,  in  force  July  1,  1917 7 

An  Act  to  amend  sections  5,  9  and  13  of  an  Act  entitled,  "An  Act  in  relation 
to  the  civil  administration  of  the  State  government,  and  to  repeal  certain 
Acts  therein  named,"  approved  March  7,  1917,  in  force  July  1,  1917, 
and  to  add  thereto  a  new  section  to  be  known  as  section  39a 9 

Agriculture  : 

An  Act  in  relation  to  the  collection  of  agricultural  statistics 14 

An    Act    to    regualte    the    consignment    and    sale    on    commission    of    farm 

produce,  and  to  repeal  an  Act  therein  named 14 

An  Act  in  relation  to  the  sale  of  farm  seeds 18 

An  Act  to  amend  sections  3,  6  and  9  of  an  Act  entitled,  "An  Act  creating 
the  Illinois  Farmers'  Institute,"  approved  June  24,  1895,  in  force  July  1, 
1895,    as    subsequently    amended,     by    amending    sections     3,     6     and     9 

thereof    21 

An  Act  to  amend  sections  6,  8,  10,  13,  15,  16  and  19  of  an  Act  entitled, 
"An  Act  to  prevent  the  introduction  into  and  the  dissemination  within  the 
State  of  insect  pests  and  diseases  injurious  to  the  plants  and  plant 
products  of  this  State,"  filed  June  29,  1917,  in  force  July  1,  1917 22 

Animals  and  Birds  : 

An  Act  to  revise  the  law  in  relation  to  the  conservation  of  game,  wild 
animals,  wild  fowls,  birds,  fish,  mussels,  frogs  and  turtles  in  the  State 
of  Illinois,   and  to  repeal   all  Acts  in   conflict  therewith 25 

An  Act  to  amend  sections  la,  2,  2b,  3,  4,  5  and  6  of  an  Act  entitled,  "An 
Act  providing  for  the  licensing  of  dogs  and  for  the  payment  of  damages 
done  by  dogs  to  sheep  out  of  the  proceeds  of  the  license  fees,"  approved 
May  29,  1879,  in  force  July  1,  1879,  as  amended 53 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  protect  the  owner 
of  any  licensed  stallion  or  jack  kept  for  public  service  and  to  subject  the 
mare  or  jennet  or  progeny  of  such  animal,  or  both,  to  a  lien  for  the 
service  fee  of  such  stallion  or  jack,"  approved  June  21,  1917,  in  force 
July    1,    1917 55 

Appropriations  : 

An  Act  for  an  appropriation  to  meet  expenses  in  the  office  of  the  Auditor 
of  Public  Accounts  to  be  incurred  subsequent  to  March  1,  1919,  and  prior 
to  July  1,  1919,  and  by  declaring  an  emergency 56 

An  Act  making  additional  appropriations  to  the  Attorney  General 57 

An  Act  to  provide  for  the  expense  of  paper,  printing,  postage,  cost  of 
publication  notices,  dockets  and  salary  of  employees  of  the  State  of 
Illinois,  working  under  the  direction  of  the  Attorney  General  in  carrying 
aut  the  provisions  of  an  Act  to  amend  an  Act  entitled,  "An  Act  requiring 
corporations  to  make  annual  report  to  the  Secretary  of  State,  and  pro- 
viding for  the  cancellation  of  the  articles  of  incorporation  for  failure  to 
do  so,  and  to  repeal  a  certairi  Act  therein  named,"  approved  May  10, 
1901,  in  force  July  1,  1901,  and  amendments  thereto  in  force  July  1,  1903, 
and  July  1,  1917,  by  amending  section  7  thereof  and  adding  thereto 
sections  7a,  7b,  7c,  7d,  7e,  7f,  7g,  7h  and  7i 58 

An  Act  making  an  appropriation  to  pay  the  State's  portion  of  assessments 
for  local  improvements  in  and  along  certain  streets  in  the  city  of 
Jacksonville 59 

An  Act  to  assemble  a  convention  to  revise,  alter  or  amend  the  Constitution 
»f  the   State   of  Illinois 60 


VI  •  CONTENTS. 


Appropriations — Continued.  page. 

An  Act  to  provide  for  the  compilation  of  information  and  data  for  use  of 
delegates  to  the  Constitutional  Convention,  and  making  an  appropriation 
therefor / ; 63 

An  Act  making  an  appropriatioa  to  the  Department  of  Agriculture  for 
State    Fairs 64 

An  Act  authorizing  the  Department  of  Labor  to  establish  and  maintain 
additional  free  employment  offices,  and  making  an  appropriation  therefor     65 

An  Act  making  an  appropriation  to  the  Department  of  Labor 66 

An  Act  making  appropriations  for  the  State  Normal  Schools 66 

An  Act  to  provide  for  the  incidental  expenses  of  the  Fifty-first  General 
Assembly   of  the    State   of   Illinois 74 

An  Act  making  appropriations  for  the  payment  of  the  officers  and 
employees  of  the  Fifty-first  General  Assembly  of  the  State  of  Illinois...      75 

An  Act  making  an  appropriation  to  pay  the  expenses  of  the  committees 
of  the  Fifty-first  General  Assembly  of  the  State  of  Illinois 75 

An  Act  making  appropriations  for  the  pay  cf  officers  and  members  of  the 
next  General  Assembly  and  certain  officers  of  the  State  government.  ...      76 

An  Act  to  make  an  appropriation  for  the  joint  legislative  committee  created 
pursuant  to  Senate  Joint  Resolution  No.  17,  Fifty-first  General  Assembly, 
containing   an    emergency   provision 80 

An  Act  making  appropriations  in  aid  of  the  Grand  Army  Hall  and  Memo- 
rial Association,  the  Grand  Army  of  the  Republic  of  the  Department 
of  Illinois,  and  the  Illinois  Firemen's  Association 80 

An  Act  to  reappropriate  the  unexpended  balance  of  the  appropriation  of 
$60,000,000  made  by  an  Act  entitled,  "An  Act  in  relation  to  trie  con- 
struction by  the  State  of  Illinois  of  a  State-wide  system  of  durable 
hard-surfaced  roads  upon  public  highways  of  the  State  and  the  provision 
of  means  for  the  payment  of  the  cost  thereof  by  an  issue  of  bonds  of 
the  State  of  Illinois,"  approved  June  22,   1917 81 

An  Act  to  authorize  the  publication  of  the  history  of  the  achievements 
in  the  World  War  of  the  soldiers,  sailors  and  marines  from  the  State  of 
Illinois,   and  to  make  an   appropriation   therefor 82 

An  Act  to  create  the  Illinois  Farm  Commission,  to  define  its  powers  and 
duties  and  to  make  an  appropriation  therefor 83 

An  Act  making  appropriations  in  aid  of  the  Illinois  State  Beekeepers' 
Association,  the  Illinois  State  Dairymen's  Association,  the  Illinois  State 
Poultry  Association,  the  Illinois  Live  Stock  Association,  the  Illinois 
State  Horticultural  Society  and  the  Illinois  Farmers'  Institute 84 

An  Act  making  additional  appropriations  for  the  Illinois  State  Penitentiary, 
Southern  Illinois  Penitentiary  and  Illinois  State  Reformatory 86 

An  Act  making  appropriations  for  the  Illinois  State  Penitentiary  and  the 
St.   Charles  School  for  Boys 86 

An  Act  making  an  appropriation   for  the   Illinois   State   Reformatory 87 

An  Act  making  appropriations  for  the  Illinois  Surgical  Institute  for 
Children    87 

An  Act  to  make  an  appropriation  for  the  joint  legislative  committee 
created  pursuant  to  House  Joint  Resolution  No.  11,  Fifty-first  General 
Assembly    88 

An  Act  making  an  appropriation  for  the  maintenance  and  operation  of  a 
live    stock    biological    laboratory 88 

An  Act  to  make  an  appropriation  for  the  joint  legislative  committee  created 
purusant  to  Senate  Joint  Resolution  No.  3  0,  Fifty-first  General  Assembly, 
containing   an    emergency   provision 89 

An  Act  to  establish  a  Mining  Investigation  Commission  of  the  State  of 
Illinois  and  to  make  appropriation   therefor 89 

An  Act  to  provide  for  a  memorial  in  honor  to  the  memory  of  Governor 
Edward  Coles,   and  to  make  an  appropriation  therefor 92 

An  Act  to  authorize  the  construction  of  a  monument  to  the  memory  of 
Honorable  John  M.  Palmer,  former  Governor  of  the  State  of  Illinois, 
and  to  make  an   appropriation  therefor 92 

An  Act  to  authorize  the  construction  of  a  monument  to  the  memory  of 
Honorable  Richard  Yates,  former  Governor  of  the  State  of  Illinois,  and 
to   make   an   appropriation    therefor 93 

An  Act  making  an  appropriation  for  the  perpetuation  and  care  of  burial 
place   of  deceased  veterans  of  Civil  and  other  wars 94 

An  Act  to  authorize  the  purchase  of  a  site  for,  and  the  erection  of,  an 
armory  at  Danville,  Illinois,  for  the  use  of  the  military  forces  of  the 
State  of  Illinois,  and  making  an  appropriation  therefor 95 

An  Act  making  an  appropriation  of  an  additional  sum  of  money  for  the 
erection   of  an   armory  at   Peoria,    Illinois 95 

An  Act  making  an  appropriation  to  the  Penitentiary  Commission  for  build- 
ing, equipment,  improvements  and  other  purposes  incidental  thereto  and 
necessary   for   the    building    of   the   new    Illinois    State    Penitentiary   and " 
a   new  Illinois  Asylum   for   Insane   Criminals 96 

An  Act  to  provide  for  the  payment  of  the  expense  of  publication  notices 
in  chancery  proceedings  had  in  purusance  of  an  Act  passed  by  the 
Fiftieth  General  Assembly  of  the  State  of  Illinois  entitled,  "An  Act  to 
amend  an  Act  entitled,  An  Act  requiring  corporations  to  make  annual 
report  to  the   Sec?-etary   of   State,    and   providing  for   the   cancellation   of 


CONTENTS.  VI I 


Appropriations — Continued.                                                                                                  page. 
the  articles  of  incorporation  for  failure  to  do  so,  and  to  repeal  a  certain 
Act  therein  named,'   approved  May   10,    1901,   in    force   July    1.    1901,   and 
amendments  thereto  in  force  July  1,  1903,  by  amending  section  seven   (7) 
thereof"     97 

An  Act  to  defray  expenses  of  the  reception  of  the  Thirty-third  Division 
and  of  the   149th  Field  Artillery   of  the  United   States 99 

An  Act  to  make  appropriations  for  certain  claims  against  the  State  of 
Illinois,  in  conformity  with  awards  made  by  the  Court  of  Claims  to 
certain   persons   named   therein 99 

An  Act  to  make  appropriations  for  certain  claims  against  the  State  of 
Illinois,  in  conformity  with  awards  made  by  the  Court  of  Claims  to  cer- 
tain persons,  Arms,  corporations  and  co-partnerships  named  therein lo"> 

An  Act  making  an  appropriation  for  the  payment  of  certain  amounts 
awarded   by   the   Court  of    Claims   to    certain   persons 114 

An  Act  to  make  appropriations  for  certain  claims  against  the  State  of 
Illinois,  in  conformity  with  recommendations  made  by  the  Court  of 
Claims  to   certain  persons   named   therein 115 

An  Act  making  an  appropriation  for  the  payment  of  certain  amounts 
awarded  by  the  Court  of  Claims  to  certain   persons 117 

An  Act  for  the  relief  of  Charles  Balsley  and  making  an  appropriation 
therefor     117 

An  Act  making  an  appropriation  to  the  Chicago  Serum  Company,  to  reim- 
burse said  company  for  serum  taken  and  destroyed  by  the  State  of 
Illinois  during  the  foot  and  mouth  disease  epidemic  in  the  year  1915...    118 

An  Act  to  authorize  the  payment  of  damages  on  account  of  the  death  of 
Harry  Davy,   and   to  make  an  appropriation   therefor 119 

An  Act  for  the  relief  of  Roscoe  L.  Drennan,  and  making  an  appropria- 
tion    therefor 119 

An  Act  making  an  appropriation  to  reimburse  and  pay  to  certain  persons, 
firms  and  corporations  the  sums  of  money  paid  out  and  advanced  by 
them  to  defray  the  expenses  of  gathering  evidence  and  defraying  the 
expenses  of  prosecuting  persons  who  committed  crimes  on  July  2,  1917, 
in   St.   Clair  County,   Illinois 120 

An  Act  to  make  an  appropriation  for  the  Fred  D.  Nellis  Coal  Company.  . .    122 

An  Act  for  the  relief  of  Fred  H.  Gillett  and  Thomas  J.  Sheridan,  and 
making    appropriations    therefor 122 

An  Act  to  make  an  appropriation  to  refund  Howard  C.  Louthan.  money 
which  he  was  compelled  through  an  error  to  pay  to  the  State  of  Illinois 
as   inheritance  tax  in  the   estate  of  Lucinda   B.   Pike,   deceased 123 

An  Act  making  an  appropriation  to  F.  W.  Matthiesen,  Jr.,  and  Adele  M. 
Blow,  executors  of  the  last  will  and  testament  of  Frederick  W.  Matthie- 
sen, deceased,  to  reimburse  said  executors  for  inheritance  taxes  paid  in 
the  estate  of  the  said  Frederick  W.  Matthiesen,  deceased,  through  error.    123 

An  Act  making  an  appropriation  for  the  payment  of  damages  for  the  death 
of    Freda    Reidel 124 

An  Act  making  an  appropriation  for  the  relief  of  Mrs.  Pauline  Smith.  ....    125 

An  Act  making  an  appropriation  to  Joseph  B.  Thompson  to  compensate 
him  for  damages  sustained  by  reason  of  a  quarantine  of  LaSalle  County, 
Illinois,  in  the  suppression  of  the  foot  and  mouth  disease 126 

An  Act  for  the  relief  of  the  family  of  James  Kent  Venner,  deceased,  and 
making    an    appropriation    therefor 128 

An  Act  for  the  relief  of  Charles  Walters,  and  making  an  appropriation 
therefor     128 

An  Act  to  authorize  the  acquisition  by  the  State  of  lands  containing  deposits 
of  novaculite  or  other  substances  or  materials  capable  of  being  used  in  the 
construction  of  roads,  to  regulate  the  use  of  such  lands  by  the  State,  and 
to  make  an  appropriation  th3refor 12  9 

An  Act  making  an  appropriation  for  the  construction  of  rural  post  roads 
under  and  in  accordance  with  an  Act  of  Congress  entitled,  "An  Act  to 
provide  that  the  United  States  shall  aid  the  states  in  the  construction  of 
rural  jost  roads,  and  for  other  purposes,"  approved  July  11,  1916,  and 
known  as  the  Federal  Aid  Road  Act 130 

An  Act  making  an  appropriation  from  the  Road  Fund  for  the  purpose  of 
meeting  the  apportionment  made  to  the  State  of  Illinois  under  and  in 
accordance  with  an  Act  of  Congress  entitled,  "An  Act  to  provide  that 
the  United  States  shall  aid  the  states  in  the  construction  of  rural  post 
roacls,  and  for  other  purposes,"  approved  July  11,  1916,  known  as  the 
Federal  Aid  Road  Act,  as  subsequently  amended  by  an  Act  of  Congress 
( H.  R.  13308)  entitled,  "An  Act  making  appropriations  for  the  service 
of  the  postoffice  department  for  the  fiscal  year  ending  June  30,  1920,  and 
for  other  purposes,"  said  appropriation  to  be  used  in  the  construction  of 
roads  under  and  in  accordance  with  the  provisions  of  said  Act  of  Con- 
gress of  July  11,  1916,  and  in  accordance  with  an  Act  of  the  Illinois 
General  Assembly  in  relation  to  rural  post  roads,  approved  June  27,  1917, 
in   force  July   1,   1917 131 

An  Act  making  an  appropriation  from  the  Road  Fund  for  the  purpose  of 
meeting  the  apportionment  made  to  the  State  of  Illinois  under  and  in 
accordance  with  an  Act  of  Congress  entitled,  "An  Act  to  provide  that  the 
United  States  shall  aid  the  states  in  the  construction  of  rural  post  roads 


VIII  CONTENTS. 


Appropriations — Concluded.  page. 
and  for  other  purposes,"  approved  July  11,  1916,  known  as  the  Federal 
Aid  Road  Act,  as  subsequently  amended  by  an  Act  of  Congress  (H.  R. 
1330S)  entitled,  "An  Act  making  appropriations  for  the  service  of  the 
postoffice  department  for  the  fiscal  year  ending  June  30,  1920,  and  for 
other  purposes,"  said  appropriation  to  be  used  in  the  construction  of 
roads  under  and  in  accordance  with  the  provisions  of  said  Act  of  Con- 
gress of  July  11,  1916,  and  in  accordance  with  an  Act  of  the  Illinois 
General  Assembly  in  relation  to  rural  post  roads,  approved  June  27,  1917, 
in  force  July  1,   1917 132 

An  Act  making  an  appropriation  of  all  sums  of  money  which  may  have 
accrued  or  may  hereafter  accrue  to  the  State  of  Illinois  under  and  in 
accordance  with  the  provision  of  an  Act  of  Congress  entitled,  "An  Act 
to  provide  that  the  United  States  shall  aid  the  states  in  the  construction 
Of  rural  post  roads,  and  for  other  purposes,"  approved  July  11,  1916, 
and  known  as  the  Federal  Aid  Road  Act,  as  subsequently  amended  by 
an  Act  of  Congress  (H.  R.  13308)  entitled,  "An  Act  making  appropria- 
tions for  the  service  of  the  postoffice  department  for  the  fiscal  year 
ending   June   30,    1920,   and   for   other  purposes" 133 

An  Act  to  create  a  Salary  Investigation  Commission  and  make  an  appro- 
priation   therefor 134 

An  Act  making  an  appropriation  to  be  used  in  aiding  in  the  enforcement 
of  the  provisions  of  "An  Act  to  restrict  the  manufacture,  possession  and 
use   of   intoxicating   liquors   within   prohibition    territory" 136 

An  Act  to  make  an  appropriation  to  the  Secretary  of  State 136 

An  Act  for  an  appropriation  to  the  Secretary  of  State  to  meet  the  expenses 
of  the  Court  of  Claims,   and  by  declaring  an  emergency 137 

An  Act  making  an  appropriation  to  the   Southern  Illinois  Penitentiary.  . .  .    137 

An  Act  making  an  appropriation  to  pay  the  State's  portion  of  assessments 
for  local  improvements  in  and  along  certain  streets  in  the  city  of 
Springfield    13S 

An  Act  making  an  appropriation  for  building  State  aid  roads  and  main- 
taining all  roads  for  which  the  State  is  responsible  in  the  several 
counties    of    the    State 139 

An  Act  making  an  appropriation  from  the  Road  Fund  for  building  State 
aid  roads  and  maintaining  all  roads  for  which  the  State  is  responsible  in 
the  several  counties  of  the  State 140 

An  Act  to  make  an  appropriation  to  pay  certain  contractors  and  material     I 
men  for  material  and  merchandise  furnished  to  the  Illinois  State  Board 
of  Agriculture  in  connection  with  the  Illinois   Centennial  State  Fair....    141 

An  Act  making  additional  appropriations  for  the  State  charitable,  penal 
and   reformatory   institutions 143 

An  Act  making  appropriations  to  the  State  charitable,  penal  and  reforma- 
tory    institutions 145 

An  Act  to  provide  for  the  ordinary  and  contingent  expenses  of  the   State 
■  government    until    the    expiration    of    the    first    fiscal    quarter    after    the 
adjournment  of  the  next  regular  session  of  the  General  Assembly 152 

An  Act  in  relation  to  the  suppression,  eradication  and  control  of  tubercu- 
losis among  domestic  cattle  and  to  provide  an  appropriation  therefor.  .  .    211 

An  Act  making  appropriations  for  the  University  of  Illinois 212 

An  Act  making  an  appropriation  for  the  construction  of  "The  Illinois 
Waterway"    and    its    appurtenances 214 

An  Act  to  create  the  Zion  Investigating  Commission,  to  define  its  powers 
and  duties,  and  to  make  an  appropriation  therefor 215 

Arbitrations  and  Awards  : 

An  Act  to  amend  sections  1,  2,  3,  4  and  6  of  "An  Act  to  revise  the  law 
in  relation  to  arbitrations  and  awards,"  approved  June  11,  1917,  in  force 
July    1,    1917 216 

•Architects.: 

An  Act  to  provide  for  the  licensing  of  architects  and  to  regulate  the  practice 
of  architecture  as  a  profession  and  to  repeal  certain  Acts  therein 
named     218 

Banks  and  Banking  : 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  provide  for  and 
regulate    the    administration    of    trusts    by    trust    companies,"    approved 

June  15,   1887,  in  force  July   1,   1SS7,  as  amended 223 

An  Act  to  revise  the  law  with  relation  to  banks  and  banking 224 

Bedding : 

An  Act  defining  bedding  and  to  provide  for  the  tagging  and  labeling 
thereof,  regulating  the  use  of  unsanitary  materials  therein,  providing  for 
the  enforcement  of  the  provisions  of  the  Act  and  punishing  violations 
thereof     23  6 


CONTENTS.  IX 


Bonds  :  pagh. 

An  Act  to  amend  section  one  (1)  and  section  six  (6)  of  an  Act  entitled, 
"An  Act  authorizing  'The  Commissioners  of  Lincoln  Park'  to  issue  bonds, 
and  providing  for  the  payment  thereof,"  approved  June  24,  1915,  in 
force  July  1,   1915.  ,A - 

An  Act  to  amend  sectfon  one  (1),  section  two  (2)  and  section  three  (3) 
of  an  Act  entitled,  "An  Act  authorizing  the  commissioners  of  Lincoln 
Park  to  issue  bonds  and  providing  for  payment  thereof,"  approved  May 
25,    1907,   in   force  July   1,   1907 238 

An  Act  to  prohibit  false  and  misleading  statements  in  advertisements  offer- 
ing to  purchase  United  States  bonds  of  the  liberty  loans .  . .  .    2  4«j 

Charities: 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  to  better  provide 
for  the  care  and  detention  of  feeble-minded  persons,"  approved  June 
24,    1915,   in   force  July    1,    1915 241 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  establish  a  home  for  delin- 
quent boys,"  approved  May  10,  1901,  in  force  July  1,  1901,  by  adding 
thereto  a  new  section  to  be  known  as  section  seventeen  and  one-half 
(17  (/2)     242 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  a  State  home 
for  juvenile  female  offenders,"  approved  June  22,  1893,  in  force  July  1, 
1893,  as  amended,  by  adding  thereto  a  new  section  to  be  known  as  sec- 
tion   28a • 242 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  establish  a  home  for  delin- 
quent boys,"  approved  May  10,  1901,  in  force  July  1,  1901,  as  amended, 
by  adding  thereto  a  new  section  to  be  known  as  section  17a 2  43 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  a  State  home  for 
juvenile  offenders,"  approved  June  22,  1893,  in  force  July  1,  1893,  as 
subsequently  amended,  be  amended,  by  amending  section  sixteen  (16) 
thereoi     244 

An  Act  to  amend  section  7  of  an  Act  entitled,  "An  Act  providing  for  the 
creating,  locating,  constructing  and  administering  of  a  State  colony  for 
the  car.e  and  treatment  of  epileptics,"  approved  May  27,  1913,  in  force 
July    1,    1913 244 

An  Act  to  establish  a  State  sanatorium  for  women 245 

An  Act  to  amend  sections  1,  4,  5  and  7  of  an  Act  entitled,  "An  Act  to  estab- 
lish a  surgical  institution  for  children,"  approved  June  6,  1911,  in  force 
July  1,  1911,  and  to  repeal  sections  9,  10,  13,  14,  15,  16,  17,  18  and  19 
thereof     246 

Children  :  * 

An  Act  to  amend  an  Act  entitled  "An  Act  to  prevent  the  abandonment  of 
children   and    to    provide    a    penalty    therefor,"    approved    June    16,    1887, 

in  force  July  1,  1887,   by  amending  section  one   (.1)    thereof 247 

An  Act  to  define  and  regulate   boarding  homes  for  children 2  4$ 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  prevent  and  punish  wrongs 
to  children,"  approved  May  17,  1877,  in  force  July  1,  1877,  by  amend- 
ing section  five   (5)    thereof 25  0 

Cities  and  Villages  : 

An  Act  to  provide  for  the  annexation  of  unincorporated  territory  which 
is  entirely  surrounded  by  two  or  more  cities,  villages  or  incorporated 
towns     2  50 

An  Act  to  amend  section  2  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,  18  7  2,  in  force 
July  1,   187  2,  as  amended 2  51 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incorporation 
of  cities  and  villages,"  approved  April  lu,  1872,  in  force  July  1,  1S72, 
as  subsequently  amended,  by  amending  section  three  (3)  of  Article  se\en 
(, Vll )     thereoi 252 

An  Act  to  amend  section  2  of  Article  VII  of  an  Act  entitled,  "An  Act  to 
provide  for  the  incorporation  of  cities  and  villages,"  approved  April  10, 
i872,   in  force  July   1,    1872,   as   subsequently   amended 253 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incorporation 
of  cities  and  villages,"  approved  April  10,  1872,  as  amended  by  subse- 
quent Acts,  by  repealing  the  whole  of  Part  IV  of  Article  XII ;  by  adding 
to  Part  II  of  Article  XII  one  new  section  to  be  known  as  section  S ; 
and  by  adding  to  Article  XII  two  new  parts  to  be  known  as  Parts  Four 
and    Five 2  5  4 

An  Act  to  confer  certain  additional  powers  upon  city  councils  in  cities  and 
presidents  and  boards  of  trustees  in  villages  concerning  buildings,  the 
intensity  of  use  of  lot  areas,  the  classification  of  buildings,  trades  and 
industries  with  respect  to  location  and  regulation,  the  creation  of  resi- 
dential, industrial,  commercial  and  other  districts,  and  the  exclusion 
from  and  regulation  within  such  districts  of  classes  of  buildings,  trades 
and     industries 262 


CONTENTS. 


Cities  and  Villages — Concluded.  page. 

An  Act  to  amend  section  2  of  Article  IV  and  sections  1  and  2  of  Article 
VI  of  an  Act  entitled,  "An  Act  to  provide  for  the  incorporation  of  cities 
and  villages,"  approved  April  10,  1872,  in  force  July  1,  1872,  as  amended.    205 

An  Act  to  authorize  towns  having  a  population  of  fewer  than  5,000  inhabit- 
ants to  establish,   erect  and  maintain  community  .buildings 266 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incorporation 
of  cities  and  villages,"  approved  April  10,  1872,  in  force  July  1,  1872,  as 
amended,  by  adding  three  sections  to  Article  XI  thereof,  to  be  known 
as   sections    8a,    8b   and    8c 2  68 

An  Act  to  amend  an  Act  entitled,  'An  Act  to  provide  for  the  incorporation 
of  cities  and  villages,"  approved  April  10,  1872,  in  force  July  1,  1872,  by 
amending  Article  XII  thereof  by  adding  thereto  twelve  new  sections,  to 
be  known  as  sections  4,  5,  6,  7,  8,  9,  10,  11,   12,  13  and  14  of  Part  Four.  .    269 

An  Act  to  amend  section  2  6  of  Article  XIII  of  an  Act  entitled,  'An  Act  to 
provide  for  the  incorporation  of  cities  and  villages,"  approved  April  10, 
1872,  in  force  July  1,   1872,  as  amended 27  4 

An  Act  to  amend  the  title  and  sections  1  and  19  of  an  Act  entitled,  "An 
Act  to  provide  for  the  appointment  of  a  board  of  fire  and  police  commis- 
sioners 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,    as    amended 276 

An  Act  to  authorize  cities  which  have  a  population  exceeding  100,000 
inhabitants  to-  acquire,  own,  construct,  manage,  control,  maintain  and 
operate  municipal   convention   halls 27  7 

An  Act  to  amend  section  1  of  Article  V  of  an  Act  entitled,  "An  Act  to 
provide  for  the  incorporation  of  cities  and  villages,"  approved  April  10, 
1872,   in   force  July   1,    1872,   as   amended 279 

Civil  Service  : 

An  Act  to  amend  section  10%  of  an  Act  entitled.  "An  Act  to  regulate 
the  civil  service  of  cities,"  approved  and  in  force  March  20,  1895,  as 
amended     287 

An  Act  to  amend  section  18  of  an'  Act  entitled,  "An  Act  to  regulate  the 
civil  service  of  cities,"  approved  and  in  force  March  20,  1S95,  as  amended 
by  an  Act  approved  June  13,  1895,  and  in  force  July  1,  1895,  as  amended 
by  an  Act  approved  June   22,   1915,   and  in   force  July   1,    1915 288 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
the  election  of  county  commissioners  in  Cook  County  and  to  fix  their 
term  of  office,"  approved  June  15,  1893,  in  force  July  1,  1893,  as  subse- 
quently amended,  by  amending  the  sections  designated  in  the  law  as 
"Tenth — Civil  Service  Commission,"  and  "Twenty-seventh — Salaries  and 
Wages"  and  "Twenty-eighth — Appropriation,"  being  the  tenth,  twenty- 
seventh  and  twenty-eighth  subdivisions  of  the  section  designated  as  61, 
but  which  is  the  6th  section  of  the  Act 289 

An  Act  to  amend  section  29a  of  an  Act  entitled,  "An  Act  relating  to  the 
civil  service  in  park  systems,"   approved  June  10,   1911,   in  force  July   1, 
1911,     as    amended 290 

An  Act  to  amend  section  11  of  an  Act  entitled,  "An  Act  to  regulate  the 
civil  service  of  the  State  of  Illinois,"  approved  May  11,  1905,  in  force 
July   1,    1905,   as   subsequently  amended 291 

An  Act  to  amend  section  10  of  an  Act  entitled,  "An  Act  to  regulate  the 
civil  service  of  the  State  of  Illinois,"  approved  May  11,  1905,  in  force 
November    1,    1905,    as    amended 292 

Coroners : 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
coroners,"  approved  February  6,  1874,  in  force  July  1,  1874,  and  Acts 
amendatory  thereof,  by  amending  section  eighteen   (18)   thereof 293 

Corporations  : 

An  Act  to  amend  an  Act  entitled,  "An  Act  requiring  corporations  to  make 
annual  report  to  the  Secretary  of  State,  and  providing  for  the  cancel- 
lation of  articles  of  incorporation  for  failure  to  do  so,  and  to  repeal 
a  certain  Act  therein  named,"  approved  May  10,  1901,  in  force  July  1, 
1901,  and  amendments  thereto  in  force  July  1,  1903,  and  July  1,  1917,  by 
amending  section   seven   thereof  and   adding  thereto   sections   7a,    7b,    7c. 

7d,    7e,    7f,    7g,    7h    and    7i 294 

An  Act  in  relation  to  mutual  building,  loan  and  homestead  associations.  .  .    297 

An  Act  in  relation   to  corporations  for  pecuniary  profit 312 

An  Act  to  cure  defective  organizations  of  corporations  organized  under  an 
Act  entitled,  "An  Act  concerning  corporations,"  approved  April  18,  1872,' 
in  force  July  1,  1872,  where  the  certificates  of  complete  organizations 
have  not  been  recorded  in  the  office  of  the  recorder  of  deeds,  within  the 

time    specified 3  51 

An  Act  relating  to  the  sale  or  other  disposition  of  securities  and  providing 
penalties  for  violation  thereof  and  to  repeal  Acts  in  conflict  therewith..  .    351 


CONTENTS.  XI 


Corporations — Concluded.  page. 

An  Act  to  amend  sections  29,  31,  32,  33  and  34  of  an  Act  entitled,  "An  Act 
concerning  corporations,"  approved  April  18,  1872,  in  force  July  1,  1872..    365 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incorpora- 
tion of  associations  for  the  purpose  of  owning  certain  classes  of  real 
estate  and  defining  and  limiting  the  powers  of  such  corporations,"  in 
force  July  1,  1917,  by  amending  sections  1  and  5  thereof 368 

Counties  : 

An  Act  to  amend  sections  1  and  2  and  the  title  of  an  Act  entitled,  "An 
Act  to  provide  for  the  burial  of  deceased  soldiers,  sailors  or  marines  of 
the  late  Civil  War,  the  Spanish-American  War,  the  Philippine  Insurrec- 
tion, and  the  Boxer  Uprising  in  China,  or  their  mothers,  wives  or 
widows,"  approved  May  24,   1907,   in  force  July  1,   1907,  as  amended....    369 

An  Act  to  amend  section  sixty-one  (61)  of  an  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  counties,"  approved  March  31,  1874,  as 
amended  by  Acts  approved  respectively  May  20,  1879,  June  14,  1887, 
June  26,  1895,  May  18,  1905,  and  June  8,  1909 370 

An  Act  to  amend  section  sixty-one  (61)  of  an  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  counties,"  approved  March  31,  1874,  as 
amended  by  Acts  approved  respectively  May  20,  1879,  June  14,  1887,  June 
26,  1895,  May  18,  1905,  and  June  8,  1909,  as  subsequently  amended 381 

An  Act  to  amend  section  61  of  an  Act  entitled  "An  Act  to  revise  the  law 
in  relation  to  counties,"  approved  and  in  force  March  31,  1874,  as  amended.    392 

An  Act  to  amend  section  10  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  coroners,"  approved  February  6,  1874,  in  force  July  1,  1874, 
as   subsequently   amended 403 

An  Act  to  amend  section  9  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  recorders,"  approved  March  9,  1874,  in  force  July  1,  1874, 
as  amended 404 

An  Act  to  amend  the  title  and  section  1  of  an  Act  entitled,  "An  Act  to 
enable  the  county  boards  to  appropriate  funds  for  the  use  of  soil  and  crop 
improvement  associations  of  their  several  counties,"  approved  June  27, 
1913,  in  force  July  1,   1913 405 

Courts : 

An  Act  to  amend  section  11  of  an  Act  entitled,  "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,"  approved  June  27,  1913, 
in  force   July  1,    1913 406 

An  Act  to  amend  section  6  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  clerks  of  courts,"  approved  March  25,  1S74,  in  force  July 
1,   1874,  as  amended 406 

An  Act  in  relation  to  the  form  and  cost  of  publications  required  by  law,  or 
by  order  or  rule  of  court  and  to  repeal  an  Act  entitled,  "An  Act  fixing 
the  rate  of  advertising  by  the  State  and  providing  for  the  payment  of 
the  same,"  approved  May  21,   1877,  in  force  July  1,   1877 407 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  authorize  judges  of  courts 
of  record  to  appoint  jury  commissioners  and  prescribing  their  powers 
and  duties,"  approved  June  15,  1887,  in  force  July  1,  1887,  as  amended 
by  an  Act  approved  June  9,  1897,  in  force  July  1,  1897,  and  as  further 
amended  by  an  Act  approved  and  in  force  April  21,  1899,  by  amending 
sections   four    ( 4 )    and  six    (6) 407 

An  Act  to  amend  sections  15  and  17  of  an  Act  entitled,  "An  Act  in  rela- 
tion to  a  Municipal  Court  in  the  city  of  Chicago,"  approved  May  IS, 
l'c/05,  in  force  July  1,  1905,  as  subsequently  amended 409 

An  Act  to  amend  sections  14  and  16  of  an  Act  entitled,  "An  Act  in  relation 
to  a  Municipal  Court  in  the  city  of  Chicago,"  approved  May  IS,  1905, 
in  force  July  1,   1905,  as  subsequently  amended 411 

An  Act  in  relation  to  the  retirement  and  pensioning  of  judges  of  courts  of 
record   in   Illinois 413 

An  Act  to  amend  section  14  of  an  Act  providing  for  a  system  of  proba- 
tion, for  the  appointment  and  compensation  of  probation  officers,  and 
authorizing  the  suspension  of  final  judgment  and  the  imposition  of  sen- 
tence upon  persons  guilty  of  certain  defined  crimes  and  offenses,  and 
legalizing  their  ultimate  discharge  without  punishment,  approved  June 
10,   1911,  in  force  July   1,   1911,  as   subsequently   amended 414 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  authorize  judges 
of  the  Circuit  Courts  to  appoint  shorthand  reporters  for  the  taking  and 
preservation  of  evidence,  and  to  provide  for  their  compensation." 
approved  May  31,  1S87,  in  force  July  1,  1887,  as  amended 416 

An  Act  to  authorize  the  judge  of  the  Probate  Court  in  any  county  of  more 
than  70,000  inhabitants  to  appoint  a  shorthand  reporter  for  the  taking 
and  preservation  of  evidence  and  fixing  the  compensation  to  be  paid 
therefor     417 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
the  Supreme  Court,"  approved  March  23,  1874,  in  force  July  1,  1874, 
as  amended  by  subsequent  Acts,  by  amending  section  11  thereof 4iS 


XII  CONTENTS. 


Courts — Concluded.  page. 

An  Act  to  amend  an  Act  to  regulate  the  reporting  of  the  decisions  ef  the 
Supreme  Court  of  this  State,  to  fix  the  compensation  of  the  reporter,  to 
fix  the  price  of  said  reports,  to  provide  for  the  purchase  of  certain  copies 
thereof  by  the  State  and  for  their  distribution,  and  repealing  a  certain 
Act  therein  named,  approved  June  5,  1911,  by  repealing  section  two 
(2)    thereof 41S 

An  Act  to  amend  section  44  of  an  Act  entitled,  "An  Act  to  extend  the  juris- 
diction of  County  Courts  and  to  regulate  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,  1S7  4,  as  amended  by  Act  approved  and 
in  force  June  3,   1897 419 

An  Act  entitled,  "An  Act  to  create  an  additional  term  of  Circuit  Court  in 
the  county  of  Pulaski,  and  to  fix  the  time  of  holding  the  same 419 

Criminal  Code  : 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
criminal  jurisprudence,"  approved  March  27,  1874,  in  force  July  1,  1874, 
as  amended,  by  adding  to  Division  I  thereof  six  sections,  to  be  known 
as  sections  265a,   265b,   265c,    265d,   265e,    265f  and   265g 420 

An  Act  to  amend  sections  S,  9  and  10  of  Division  III  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 421 

An  Act  to  amend  sections  1,  3,  4,  8,  11,  16  and  18  of  an  Act  entitled, 
"An  Act  concerning  bastardy,"  approved  April  3,  1872,  in  force  July  1, 
1872,    as    amended 422 

An  Act  to  define  and  punish  the  offense  of  circulating  papers  simulating 
court     process 424 

An  Act  to  amend  section  46  of  Division  I  of  "An  Act  to  revise  the  law 
in  relation  to  criminal  jurisprudence,"  approved  March  27,  1874,  in  force 
July  1,    1874,   as  amended 425 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  define  and  punish  con- 
spiracies in  the  State  of  Illinois,"  approved  April  19,  1877,  in  force.,  July 
1,   1877,  by  amending  section  one    (1)    thereof 426- 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
criminal  jurisprudence,"  approved  March  27,  1874,  in  force  July  1,  1874, 
as  subsequentlv  amended,  by  amending  sections  six  (6),  sixteen  (16), 
thirty-three  (33),  forty-six  (46),  forty-seven  (47),  forty-nine  (49),  fifty- 
three  (53),  eighty-seven  (87),  ninety-four  (94),  one  hundred  and  nine- 
teen (119),  one  hundred  and  twenty  (120),  one  hundred  and  fifty-six 
(156),  one  hundred  and  fifty-seven  (157),  one  hundred  and  sixty-six 
(166),  one  hundred  and  sixty-six  and  one-half  (166%),  one  hundred  and 
sixty-nine  (169),  two  hundred  and  thirty  (230),  two  hundred  and  thirty- 
four  (234),  two  hundred  and  forty-six  (246),  two  hundred  and  fifty- 
six  (256),  two  hundred  and  sixty-five  (265).  of  Division  I  thereof  and 
by  amending  section  four    (4)    of  Division   II   thereof 427 

An  Act  to  revise  the  law  in  relation  to  deadly  weapons 431 

An  Act  to  prohibit  the  publication  and  distribution  of  discriminating  matter 
against  any  religious  sect,  creed,  class,  denomination  or  nationality,  and 
to    punish    the    same.  * 433 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  criminal  jurisprudence,"  approved  March  27,  1874,  in  force  July  1, 
1874,  as  amended,  by  adding  thereto  one  new  section  to  be  known  as 
section    116a 435 

An  Act  to  amend  section  one  (1)  of  "An  Act  to  regulate  the  sale  of  intoxi- 
cating liquors  outside  of  the  incorporated  limits  of  cities,  towns  and 
villages,"   approved  May   4,    1887,   in   force  July   1,   1887 435 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
the  sentence  and  commitment  of  persons  convicted  of  crime  or  offenses 
and  providing  for  a  system  of  parole  and  to  repeal  certain  Acts  and 
parts  of  Acts  therein  named,"  approved  June  25,  1917,  in  force  July  1, 
1917,  by  amending  section  one  (1),  section  three  (3),  section  seven  (7), 
and  adding  thereto  a  new  section  to  be  known  as  section  seven  A  (7A)  .  .    436 

Drainage  : 

An  Act  to  amend  section  forty-four  (44)  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  dis- 
tricts," approved  and  in  force  May  29,  1879,  as  subsequently  amended 
by  amending  section  forty-four    (44)    thereof 440 

An  Act  to  amend  section  fifty-eight  (58)  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  dis- 
tricts," approved  and  in  force  May  29,  1879,  and  the  Acts  amendatory 
thereto     442 


CONTENTS.  X  1 1 1 


Drainagh — Concluded.  page. 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  drainage  for 
agricultural  and  sanitary  purposes,  and  to  repeal  certain  Acts  therein 
named,"  approved  June  27,  1885,  in  force  July  1,  1885,  as  amended,  by- 
amending  sections  23,  24,  25,  26,  29,  42,  43,  52,  60,  73  and  74  by  adding 
thereto  three  sections  to  be  known  as  79,  80  and  81,  and  by  repealing 
section     15b    thereof 444 

An  Act  to  amend  section  15a  of  an  Act  entitled,  "An  Act  to  provide  for 
drainage  for  agricultural  and  sanitary  purposes,  and  to  repeal  certain 
Acts  therein  named,"  approved  June  27,  1885,  in  force  July  1,  1885, 
as     amended 453 

An  Act  to  amend  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,   and   the  Acts   amendatory   thereto 455 

An  Act  to  amend  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  May  29,  1879,  in 
force  May  29,  1879,  as  subsequently  amended,  by  amending  section 
fifty-nine    (59)    thereof 456 

An  Act  to  repeal  an  Act  entitled,  "An  Act  to  provide  for  the  organization 
of  Little  Wabash  River  Drainage  District  and  for  the  changing  and 
improvement  of  the  channel  of  Little  Wabash  River  and  its  tributaries 
by  special  assessments  on  the  property  benefited  thereby,"  approved 
and  in   force   June   26,    1917 458 

An  Act  to  enlarge  the  corporate  limits  of  the  sanitary  district  of  Chicago.  .    458 

An  Act  to  enlarge  the  corporate  limits  of  the  North  Shore  Sanitary  Dis- 
trict, created  under  the  provisions  of  an  Act  entitled,  "An  Act  to  create 
sanitary  districts,  and  to  provide  for  sewage  disposal,"  approved  June 
5,  1911,  in  force  July  1,  1911,  as  amended,  by  extending  the  same  from 
the  Northern  boundary  line  of  said  District  northerly  to  the  State  line 
between  the  States  of  Illinois  and  Wisconsin 459 

An  Act  in  relation  to  the  Sanitary  District  of  Chicago,  to  enable  said 
The  Sanitary  District  of  Chicago  to  develop,  lease,  purchase  and  sell 
waterpower  or  electrical  energy  rendered  available  by  the  Illinois 
Waterway    in    the    DesPlaines    River 460 

An  Act  to  amend  sections  4  and  7  of  an  Act  entitled,  "An  Act  to  create 
sanitary  districts  and  to  provide  for  sewage  disposal,"  approved  June  5, 
1911,  as  amended  by  an  Act  approved  June  30,  1913,  and  also  to  re-enact 
and  amend  sections  17  and  19  of  the  said  Act  as  approved  June  5,  1911.    461 

An  Act  to  amend  section  18  of  an  Act  entitled,  "An  Act  to  create  sanitary 
districts  and  to  provide  for  sewage  disposal,"  approved  June  22,  1917, 
in  force  July  1,  1917,  and  to  add  an  additional  section  to  said  Act,  to  be 
known   as    section    3a 463 

An  Act  to  legalize  the  organization  of  sanitary  districts  where  such  dis- 
tricts have  been  organized  in  pursuance  of  "An  Act  to  create  sanitary 
districts  and  to  provide  for  sewage  disposal,"  approved  June  22,  1917, 
in  force  July   1,    1917 464 

An  Act  to  amend  section  seventeen  of  an  Act  entitled,  "An  Act  to  create 
sanitary  districts  and  to  remove  obstructions  in  the  DesPlaines  and 
Illinois  Rivers,"  approved  May  29,  1889,  in  force  July  1,  1889,  as 
amended     465 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  create  sanitary  districts  and 
to  remove  obstructions  in  the  DesPlaines  and  Illinois  Rivers,"  approved 
May  29,  1889,  in  force  July  1,  1889,  as  amended,  by  adding  thereto  a 
section   to  be   known   as   section    10a 466 

An  Act  to  repeal  an  Act  entitled,  "An  Act  to  provide  for  the  organization 
of  Skillet  Pork  River  Drainage  District  and  for  the  improvement  of  the 
channel  of  Skillet  Fork  River  and  its  tributaries  by  special  assessments 
on  the  property  benefited  thereby,"  approved  and  in  force  April  11, 
1917,    as    amended 467 

An  Act  to  amend  section  53  of  an  Act  entitled,  "An  Act  to  provide  for 
drainage  for  agricultural  and  sanitary  purposes  and  to  repeal  certain 
Acts  therein  named,"  approved  June  27,  1885,  in  force  July  1,  1885,  as 
amended  by  an  Act  approved  June  25,  1915,  in  force  July  1,   19.15 467 

Educational  Qualifications  : 

An  Act  to  validate  the  educational  qualifications  of  applicants  for  licenses 
and  certificates  of  registration  under  the  laws  of  this  State  relating  to 
the  regulation  of  the  practice  of  professions,  trades  and  occupations....    468 

Elections  : 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  a  method  of  voting  at 
any  special,  general  or  primary  election  by  electors  expecting  in  the 
course  of  their  business  or  duty  to  be  absent  from  the  county  in  which 
they  are  electors,"  approved  June  22,  1917,  in  force  July  1,  1917,  and  by 
amending  sections  1,  2,  3,  4,  5,  6,  9  and  13  of  said  Act 469 


XIV  CONTENTS. 


Elections — Concluded.  page. 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  elections,  and  to 
provide  for  filling  vacancies  in  elective  officers,"  approved  April  3,  1872, 
in  force  July  1,  1872,  as  amended,  by  amending  section  sixty-three  (63) 
thereof    47  1 

An  Act  to  amend  section  21  of  Article  II  of  an  Act  entitled,  "An  Act  to 
regulate  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  subsequently  amended 474 

An  Act  in  relation  to  the  nomination  of  candidates  for  public  offices  by 
political     parties 475 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  for  the 
nomination  by  political  parties  of  judges  of  the  Superior  Court  of  Cook 
County,    and   of   all    circuit   judges 511 

An  Act  to  amend  sections  3,  4,  5,  6,  8,  9,  10,  13,  26  and  32,  and  to  repeal 
section  30  of  Article  III  of  an  Act  entitled,  "An  Act  regulating  the 
holding  of  elections  and  declaring  the  result  thereof  in  cities,  villages  and 
incorporated  towns  ill  this  State,"  approved  June  19,  1885,  in  force  July 
1,    1885,    as    amended 512 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  printing  and 
distribution  of  ballots  at  public  expense  and  for  the  nomination  of 
candidates  for  public  offices,  to  regulate  the  manner  of  holding  elections 
and  to  enforce  the  secrecy  of  the  ballot,"  approved  June  22,  1891,  in 
force  July  1,   1891,  as  amended  by  subsequent  Acts 525 

An  Act  to  regulate  the  manner  of  holding  elections  in  school  districts 
having  boards   of   education   and   operating  under  special   charters 527 

Embalmers  : 

An  Act  to  revise  the  law  in  relation  to  the  regulation  of  the  practice  of 
embalming     528 

Employment  : 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  relating  to  employ- 
ment offices  and  agencies,"  approved  and  in  force  May  11,  1903,  as 
amended    53  2 

An  Act  to  authorize  the  Director  of  Labor  to  secure  information  for  statis- 
tical purposes  and  to  promote  the  rehabilitation  in  industry  of  discharged 
sailors     and     soldiers 533 

An  Act  in  relation  to  the  rehabilitation  of  physically  handicapped  persons.  .    53  4 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  provide  for  wash 
rooms  in  certain  employments  to  protect  the  health  of  employes  and 
secure  public  comfort,"  approved  June  26,  1913,  in  force  July  1.   1913...    537 

An  Act  to  amend  sections  three  (3),  seven  (7),  eight  (8),  fourteen  (14), 
nineteen  (19),  twenty-one  (21),  twenty-four  (24),  twenty-six  (26), 
twenty-eight  (28)  and  thirty-one  (31)  of  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  within  this  State  ;  providing  for  the  enforcement  and  admin- 
istering 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  surfered 
in  the  course  of  employment,'  approved  June  10,  1911,  in  force  May  1, 
1912,    as    subsequently    amended" 53S 

Fees  and  Salaries  : 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  concerning  fees  and 
salaries  and  to  classify  the  several  counties  of  this  State  with  reference 
thereto,"  approved  March  29,  1872,  in  force  July  1,  1872,  and  as  the 
same   has   been    subsequently   amended 553 

An  Act  to  amend  an  Act  entitled,  "An  Act  concerning  fees  and  salaries, 
and  to  classify  the  several  counties  of  this  State  with  reference  thereto," 
approved  March  29,  1872,  in  force  July  1,  1872,  as  amended,  by  amend- 
ing  section    26    thereof 554 

An  Act  to  amend  section  14  of  an  Act  entitled,  "An  Act  concerning  fees  and 
salaries,  and  to  classify  the  several  counties  of  this  State  with  refer- 
ence thereto,"  approved  March  29,  '1872,  in  force  July  1,  1872,  as 
amended     554 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  fees  of  certain 
officers    therein    named    in    counties    of    the    third    class,    to-wit :    Sheriff, 
recorder  and  county  clerk,"  approved  May  16,  1905,  in  force  July  1,   1905,  , 
by  amending  section   three    (3)    thereof 556 

An  Act  to  amend  section  27  of  an  Act  entitled,  "An  Act  concerning  fees 
and  salaries,  and  to  classify  the  several  counties  of  this  State  with 
reference  thereto,"  approved  March  29,  1S72,  in  force  July  1,  1872,  as 
amended     559 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  concerning  fees 
and  salaries,  and  to  classify  the  several  counties  of  this  State  with  refer- 
ence thereto,"  approved  March  29,  1872,  in  force  July  1,  1872.  title  as 
amended  by  an  Act  approved  March   28,    1874,   in  force  July  1,    1874,   as 


CONTENTS.  \V 


Fees  and  Salaries — Concluded.                                                                                           page. 
amended    by    an    Act    approved    April    8,    1875,    as    amended    by    an    Act 
approved  May  21,   1877,  in  force  July  1,   1S77 560 

An  Act  to  amend  an  Act  entitled,  "An  Act  concerning  fees  and  salaries, 
and  to  classify  the  several  counties  of  this  State  with  reference  thereto," 
approved  March  29,  1872,  in  force  July  1,  1872,  as  amended,  by  amend- 
ing sections  40  and  41  and  repealing  section  42   thereof 561 

An  Act  to  amend  section  20  of  an  Act  entitled,  "An  Act  concerning  fees  and 
salaries,  and  to  classify  the  several  counties  of  this  State  with  reference 
thereto,"  approved  March  29,  1S72,  in  force  July  1,  1872,  title  as 
amended  by  Act  approved  March  28,  1874,  in  force  July  1,  1S74,  said  sec- 
tion 20  being  amended  by  Act  approved  May  25,  1877,  in  force  Ju'y  1, 
1877,  and  by  Act  approved  April  22,   1907,  in  force  July  1,   1907 562 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  fees  of  certain 
officers  therein  named  in  counties  of  the  third  class,  to-wit :  Sheriff, 
recorder  and  county  clerk,"  approved  May  16,  1905,  in  force  July  1', 
1905,  as  subsequently  amended,   by  amending  section   2   thereof 56  4 

An  Act  to  amend  section  19  of  an  Act  entitled,  "An  Act  concerning  fees 
and  salaries,  and  to  classify  the  several  counties  of  this  State  with 
reference  thereto,"  approved  March  29,  1872,  in  force  July  1,  1872,  as 
amended    5  6  4 

An  Act  to  amend  sections  36  and  39  of  an  Act  entitled,  "An  Act  concerning 
fees  and  salaries,  and  to  classify  the  several  counties  of  this  State  with 
reference  thereto,"  approved  March  29,  1872,  in  force  July  1,  1872,  as 
amended,  and  to  repeal  section  130  of  an  Act  entitled,  "An  Act  to  revise 
the  law  in  relation  to  township  organization,"  approved  and  in  force 
March   4,    1874,  as   amended 567 

Fences : 

An  Act  to  amend  sections  12  and  13  of  an  Act  entitled,  "An  Act  to  revise 
the  law  in  relation  to  fences,"  approved  March  21,  1874,  in  force  July  1, 
1874,    as    amended 569 

Fire  Escapes  : 

An  Act  relating   to   fire   escapes 570 

An  Act  to  amend  an  Act  entitled,  "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  repeal- 
ing all  Acts  or  parts  of  Acts  in  conflict  therewith,"  approved  June  26, 
1913,  in  force  July  1,  1913,  by  adding  thereto  a  section  to  be  known 
as    section    7a 572 

Foods  and  Dairies  : 

An  Act  to  define  and  punish  the  crime  of  destroying  food  with  the  intent 
to  influence  the  market  price  thereof 572 

An  Act  in  relation  to  the  handling  and  sale  of  eggs  and  the  manufacture 
of  egg  products  and  to  repeal  parts  of  Acts  therein   named 573 

An  Act  to  amend  section  39  of  an  Act  entitled,  "An  Act  to  prevent  fraud 
in  the  sale  of  dairy  products,  their  imitation  or  substitutes,  to  prohibit 
and  prevent  the  manufacture  and  sale  of  unhealthful,  adulterated  or  mis- 
branded  foods,  liquors  or  dairy  products,  to  provide  for  the  appointment 
of  a  State  Food  Commissioner  and  his  assistants,  to  define  their  powers 
and  duties  and  to  repeal  all  Acts  relating  to  the  production,  manu- 
facture and  sale  of  dairy  and  food  products  and  liquors  in  conflict  here- 
with," approved  May  14,   1907,   in  force  July  1,    1907,   as  amended 576 

Forestry : 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  provide  for 
the  creation  and  management  of  forest  preserve  districts  and  repealing 
certain  Acts  therein  named,"  approved  June  27,  1913,  in  force  July  1, 
1913,    as    subsequently    amended 579 

General  Assembly  : 

An  Act  in  relation  to  the  officers  and  employees  of  the  General  Assembly 
and  to  repeal  an  Act  therein  named , 5S0 

Guardians  and  Wards  : 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  guardians  and 
wards,"  approved  April  10,  1872,  in  force  July  1,  1872,  as  amended,  by 
amending  sections  2,  13,  15,  16,  24,  25,  29  and  47  thereof,  and  by  adding 
thereto  five  new  sections  to  be  known  as  sections  51,  52,  53,  54  and  55.  .    5S2 

An  Act  to  amend  sections  twenty-eight  (28)  and  thirty-two  (32)  of  an 
Act  entitled.  "An  Act  in  regard  to  guardians  and  wards,"  approved  April 
10,    1872,    in   force   July    1,    1872 5S7 

Health  : 

An  Act  to  enable  counties  or  cities  to  segregate  and  treat  persons  suffering 
from   certain   communicable   diseases 589 


CONTENTS. 


HOMESTBADS  :  PAGE. 

An  Act  to  amend  section  4  of  an  Act  entitled,  "An  Act  to  amend  an  Act 
entitled  'An  Act  to  exempt  the  homestead  from  forced  sale,  and  to  pro- 
vide for  setting  off  the  same,  and  to  exempt  certain  personal*  property 
from  attachment  and  sale  on  execution,  and  from  distress  for  rent,'  " 
approved  April  30,  1873,  in  force  July  1,  1873.  as  subsequently  amended.    590 

Housing: 

An  Act  to  establish  the  Illinois  Housing  and  Building  Commission  and  to 
define   its  powers  and   duties 591 

Incompetents  : 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
idiots,  lunatics,  drunkards  and  spendthrifts,"  approved  March  26,  1874, 
in  force  July  1,  1874,  as  amended  by  amending  sections  1,  2,  10,  18,  20, 
21,  24,  26,  27,  28,  29,  42  and  44  thereof  and  by  adding  thereto  eleven 
sections  to  be  known  as  sections  46,  47,  48,  49,  50,  51,  52,  53,  54,  55 
and    56 592 

Insurance: 

An  Act  to  amend  sections  3  and  5  of  an  Act  entitled,  "An  Act  to  incorporate 
and  to  govern  casualty  insurance  companies  and  to  control  such  com- 
panies of  this  State  and  of  other  states  doing  business  in  the  State  of 
Illinois,  and  providing  and  fixing  the  punishment  for  violation  of  the 
provisions  thereof,  and  to  repeal  all  laws  now  existing  which  conflict 
therewith,"  approved  April  21,  1899,  in  force  July  1,  1899,  as  sunse- 
quently    amended 600 

An  Act  to  amend  section  12a  of  an  Act  entitled,  "An  Act  to  incorporate 
and  to  govern  casualty  insurance  companies  and  to  control  such  com- 
panies of  this  State  and  of  other  states  doing  business  in  the  State  of 
Illinois  and  providing  and  fixing  the  punishment  for  violation  of  the 
provisions  thereof,  and  to  repeal  all  laws  now  existing  which  conflict 
therewith,"  approved  April  21,  1899,  in  force  July  1,  1899,  and  to  amend 
the   title   of   said.  Act 601 

An  Act  relating  to  the  consolidation  and  reinsurance  of  insurance  com- 
panies,  associations  and  societies 604 

An  Act  to  amend  section  8  of  an  Act  entitled,  "An  Act  to  organize  and 
regulate  county  fire  insurance  companies,"  approved  June  2,  1877,  in 
force   July   1,    1877,   as  amended 610 

An  Act  to  amend  sections  3,  14  and  16  of  an  Act  entitled,  "An  Act  to  author- 
ize the  organization  and  to  regulate  county  mutual  windstorm  insurance 
companies,"  approved  June  4,  1889,  in  force  July  1,  1889 611 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  in  regard  to  the 
dissolution  of  insurance  companies,"  approved  February  17,  1874,  in  force 
July    1,    1874 612 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  incorporate  and 
to  govern  fire,  marine  and  inland  navigation  insurance  companies  doing 
business  in  the  State  of  Illinois,"  approved  and  in  force  March  11,  1869, 
and  as  subsequently  amended 613 

An  Act  to  amend  section  7%  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  punish- 
ment for  violation  of  the  provisions  thereof,  and  to  repeal  all  laws  now 
existing  which  conflict  herewith,"  approved  and  in  force  June  22,  1893, 
as   subsequently   amended 613 

An  Act  relating  to  fraternal  beneficiary  societies  and  providing  that  funds 
and  assets  shall  be  held  for  the  benefits  promised  in  its  certificates.  .  .  .    614 

An  Act  to  legalize  the  consolidations,  mergers  or  reinsurance  agreements 
of   fraternal   beneficiary    societies 615 

An  Act  to  amend  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  de- 
ceased members,  or  accident  or  permanent  indemnity  disability  to  mem- 
bers thereof,  and  to  control  such  societies  of  this  State  and  of  other 
states  doing  business  in  this  State,  and  providing  and  fixing  the  punish- 
ment for  violation  of  the  provisions  thereof,  and  to  repeal  all  laws  exist- 
ing which  conflict  therewith,"  approved  and  in  force  June  22,  1893,  as 
subsequently  amended,  by  amending  the  first  section  of  such  Act 616 

An  Act  to  amend  section  1  of,  "An  Act  to  regulate  and  control  the  invest- 
ment and  safekeeping  of  the  reserve  funds  of  fraternal  beneficiary 
societies,  and  to  enable  such  societies  to  deposit  their  reserve  fund  securi- 
ties in  the  custody  of  the  State  of  Illinois,  and  provide  for  the  registry 
thereof  and  provide  compensation  therefor  and  providing  a  penalty  for 
the  violation  thereof,"  approved  May  14,   1903,  in  force  July  1,   1803 61S 


CONTENTS.  XVII 


Insurance — Concluded.  page. 

An  Act  relating  to  the  business  of  life,  accident  and  health  insurance, 
and  to  repeal  a  certain  Act  therein  named 618 

An  Act  to  amend  section  10  of  an  Act  entitled,  "An  Act  to  organize  and 
regulate  the  business  of  life  insurance,"  in  force  July  1,  1869,  as  amended  622 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  organization 
and  management  of  mutual  insurance  corporations,  other  than  life  ;  and 
repealing  certain  Acts  and  parts  of  Acts  therein  referred  to,"  approved 
June  29,  1915,  in  force  July  1,  1915,  by  adding  additional  sections  to 
be  known  as  sections  22a  and  22b 624 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
township  insurance  companies,"  approved  March  24,  1874,  in  force  July 
1,  1874,  as  subsequently  amended,  by  amending  section  eight  (8) 
thereof     625 

An  Act  in  relation  to  the  promotion  and  organization  of  insurance 
corporations     626 

An  Act  in  relation  to  the  taxation  of  non-resident  corporations,  companies 
and  associations  for  the  privilege  of  doing  an  insurance  business  in  this 
State    628 

Joint  Rights  and  Obligations  : 

An  Act  to  revise  the  law  in  relation  to  joint  rights  and  obligations 633; 

Justices  of  the  Peace  and  Constables  : 

An  Act  to  amend  section  1  of  Article  X  of  an  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  justices  of  the  peace  and  constables," 
approved  June   26,    1895,   in   force  July   1,    1895,    as   amended 634 

Land  Titles  : 

An  Act  to  amend  section   96  of  an  Act  entitled,   "An  Act  concerning  land 

titles,"  approved  and  in  force  May  1,   1897 636 

An  Act  to  amend  sections  5  and  6  of  an  Act  entitled,   "An  Act  concerning 

land  titles,"  approved  and  in  force  May  1,   1897 636 

An  Act  to  amend  section   60   of  an  Act   entitled,    "An  Act   concerning  land 

titles,"  approved  and  in  force  May  1,1897 637 

Libraries  : 

An  Act  to  amend  sections  5  and  7  of  an  Act  entitled,  "An  Act  to  authorize 
cities,  incorporated  towns  and  townships,  to  establish  and  maintain  free 
public  libraries  and  reading  rooms,"  approved  and  in  force  March  7, 
1872,   as   amended 63 9j 

Liens  : 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  mechanics'  liens,  to  whom,  what  for,  and  when  lien  is 
given;  who  is  a  contractor;  area  covered  by  and  extent  of  lien;  when  the 
lien  attaches,"  approved  May  18.  1903,  in  force  July  1,  1903,  as  amended 
by  an  Act  approved  June  16,  1913,  in  force  July   1,   1913 640 

An  Act  to  amend  section  23  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  mechanics'  liens,  to  whom,  what  for,  and  when  lien  is 
given;  who  is  a  contractor;  area  covered  by  and  extent  of  lien  ;  when  lien 
attaches,"  approved  May  18,  1903,  in  force  July  1,  1903,  as  amended  by 
an  Act  approved  June  16,  1913,  in  force  July  1,   1913 642 

Local  Improvements  : 

An  Act  to  amend  section  11  of  an  Act  entitled,  "An  Act  concerning  local 
improvements,"  approved  June  14,  1897,  in  force  July  1,  1897 643 

An  Act  to  amend  section  59  of  an  Act  entitled,  "An  Act  concerning  local 
improvements,"  approved  June  14,  1897,  and  in  force  Julv  1,  1897,  as  subse- 
quently   amended 644 

Medicine  and  Surgery  : 

An  Act  to  provide  for  a  veterinary  college  at  the  University  of  Illinois.  . .  .    645 
An  Act  to   repeal   section   14   of  an  Act  entitled,    "An   Act  to   regulate   the 
practice  of  dental  surgery  and  dentistry  in  the  State  of  Illinois,   and  to 
repeal    certain   Acts    therein   named,"    approved    June    11,    1909,    in    force 

July   1,    1909,    as    amended 646 

An  Act  in  relation  to  the  regulation  of  the  practice  of  optometry.'  .......        646 

An  Act  to  revise  the  law  in  relation  to  the  regulation  of  the  practice  of 
nursing 652 

Military  and  Naval  Code  : 

An  Act  to  amend  section  6  of  an  Act  entitled,  "An  Act  to  provide  for  the 
organization  of  reserve  militia  from  the  unorganized  militia  of  the 
State,"  approved  June  25,   1917,  in  force  July  1,   1917 655 

— B  L 


XVIII  CONTENTS. 


Mines  and  Mining  :                                                                                                                 pagh. 
An  Act  to  amend  sections  9,  14,  19,  20,  21  and  27  of  an  Act  entitled,   "An 
Act  to  revise  the  laws   in   relation  to  coal   mines   and   subjects   relating 
thereto,    aufi   providing   for   the   health  and   safety   of   persons    employed 
therein,"  approved  June  6,  1911,  in  force  July  1,  1911,  as  amended 656 

Monuments  and  Memorials  : 

An  Act  to  authorize  counties  to  erect  or  assist  in  the  erection  of  monuments 
or  memorial  buildings  in  honor  of  their  soldiers  and  sailors 666 

Motor  Vehicles  : 

An  Act  in  relation  to  motor  vehicles  and  to  repeal  a  certain  Act  therein 
named   668 

National  Guard  and  Naval  Reserve: 

An  Act  to  protect  all  counties  in  the  State  of  Illinois  in  which  there  are 
United  States  naval  stations  and  military  posts  of  the  first  class  from 
slot  machines  and  other  gambling  devices 689 

Oil  and  Gasoline  : 

An  Act  to  amend  sections  1,  7  and  8  of  an  Act  entitled,  "An  Act  in  relation 

to  oil  inspection,"  approved  June  29,   1915,  in  force  July  1,   1915 690 

An  Act  to  amend  sections   1   and   2   and  the  title  of  an  Act  entitled,    "An 

Act   prescribing  the   color   and   label   for  gasoline   receptacles,"    approved 

June  27,   1913,  in  force  July  1,    1913 892 

An  Act  to  regulate  the  storage,  transportation,  sale  and  use  of  gasoline  and 

volatile   oils 692 

Parks  and  Boulevards  : 

An  Act  to  enable  the  corporate  authorities  of  public  park  districts  to  issue 
bonds  for  the  purpose  of  aiding  the  connection  of  park  or  parks  under 
their  control  with  other  park  or  parks  and  to  provide  for  the  payment  of 
such     bonds 693 

An  Act  Lo  amend  an  Act  entitled,  "An  Act  to  provide  for  making  improve- 
ments and  repairs  upon  highways  adjoining  public  parks  and  pleasure 
grounds,"  approved  and  in  force  April  22,  1907,  as  amended  by  an  Act 
approved  and  in  force  May  25,  1909,  and  to  amend  the  title  thereof 694 

An  Act  to  estaolish  the  Old  Salem  State  Park,  in  Menard  County, 
State    of    Illinois 696 

Paupers  : 

An  Act  to  amend  section  29  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  paupers,"  approved  March  23,  1874,  in  force  July  1,  1874, 
as  amended,  and  to  add  thereto  a  new  section,  to  be  known  as  section  22a.    697 

An  Act  to  amend  section  28  of  "An  Act  to  revise  the  law  in  reation  to 
paupers,"  approved  March  23,  1874,  in  force  July  1,  1874,  as  amended.  .  .    698 

Pawners'    Societies  : 

An  Act  to  amend  sections  3  and  6  of  an  Act  entitled,  "An  Act  to  provide 
for  the  incorporation,  management,  and  regulation  of  pawners'  societies 
and  limiting  the  rate  of  compensation  to  be  paid  for  advances,  storage 
and  insurance  of  pawns  and  pledges,  and  to  allow  the  loaning  of  money 
upon  personal  property,"  approved  March  29,  1899,  in  force  July  1,  1899.    699 

Pensions  : 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  setting 
apart,  formation  and  disbursement  of  a  house  of  correction  employees' 
pension  fund  in  cities  having  a  population  exceeding  150,000  inhabi- 
tants," approved  and  in  force  July  1,   1911 700 

An  Act  to  amend  section  30  of  an  Act  entitled,  "An  Act  in  relation  to  an 
Illinois  State  Teachers'  Pension  and  Retirement  Fund,"  approved  May 
27,   1915,  in  force  July  1,   1915,  as  amended 706 

An  Act  to  amend  sections  1,  2,  3,  4,  5,  6  and  34  of  an  Act  entitled,  "An 
Act  in  relation  to  an  Illinois  State  Teachers'  Pension  and  Retirement 
Fund,"  approved  May  27,   1915,  in  force  July  1,   1915,  as  amended 706 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  relation  to  an  Illinois  State 
Teachers'  Pension  and  Retirement  Fund,"  approved  May  27,  1915,  in 
force  July  1,  1915,  as  amended  by  adding  thereto  a  section  to  be  known 
as    section    25a 708 

Practice  : 

An  Act  to  amend  section  62  of  an  Act  entitled,  "An  Act  in  relation  to  prac- 
tice and  procedure  in  courts  of  record,"  approved  June  3,   1907,   in  force 

July    1,    1907 709 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  evidence  and 
depositions  in  civil  cases,"  approved  March  29,  1872,  in  force  July  1, 
1872,  as  subsequently  amended,  by  amending  section  36   thereof 710 


CONTENTS.  XIX 


Practice — Concluded.                                                                                                               page. 
An   Act   to   amend  section   117   of  an  Act   entitled,    "An   Act   in   relation   to 
practice    and    procedure    in    courts    of    record,"    approved    and    in    force 
July    1,    1907 711 

Public  Buildings  : 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  to  regulate  the 
means  of  egress  from  public  buildings,"  approved  March  28,  1874,  in 
force    July    1,    1874 711 

Public  Improvements  : 

An  Act  in  relation  to  the  acquisition  of  raw  materials  and  manufactured 
products  entering  into  public  improvements  of  the  State  and  defining  the 
powers  of  the  Department  of  Public  Works  and  Buildings  with  refer- 
ence   thereto 712 

Public  Moneys  : 

An  Act  requiring  custodians  of  public  moneys  to  file  and  publish  statements 
of  the  receipts  and  disbursements  thereof,  and  to  repeal  an  Act  entitled, 
"An  Act  to  require  officers  having  in  their  custody  public  funds  to  pre- 
pare and  publish  an  annual  statement  of  the  receipt  and  disbursement 
of  such  funds,"  approved  May  30,  1881,  in  force  July  1,  1881,  and 
amendments    thereto 713 

Public  Records  : 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  remedy  the 
evils  consequent  upon  the  destruction  of  any  public  records  by  fire  or 
otherwise,"  approved  and  in  force  April  9,   1872 714 

Public  Utilities  : 

An  Act  providing  for  attorneys'  fees  in  suits  brought  for  the  collection  of 
claims  against  common  carriers  by  railroad  for  loss,  damage  or  delay 
in    the   transportation    of   grain 715 

An  Act  regulating  the  receiving,  transportation  and  delivery  of  grain  by 
railroad  corporations,  and  defining  the  duties  of  such  corporations 
with    respect    thereto 716 

An  Act  to  amend  section  39  of  an  Act  entitled,  "An  Act  to  provide  for  the 
regulation  of  public  utilities,"  approved  June  30,  1913,  in  force  Janu- 
ary 1,   1914,   as  amended 717 

Revenue : 

An  Act  in  relation  to  the  assessment  of  property  for  taxation 718 

An  Act  to  amend  section  29  of  an  Act  entitled,  "An  Act  for  the  assessment 
of  property  and  providing  the  means  therefor,  and  to  repeal  a  certain 
Act  therein  named,"  approved  February  25,  1898,  in  force  July  1,  1898, 
as  amended 725 

An   Act  to   amend   section   30   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,   as  amended 726 

An  Act  to  amend  sections  17  and  18  of  an  Act  entitled,  "An  Act  for  the 
assessment  of  property  and  providing  the  means  therefor,  and  to  repeal 
a  certain  Act  therein  named,"  approved  February  25,  1898,  in  force  July 
1,    1 898,   as   subsequently   amended 727 

An  Act  to  amend  sections  5,  6  and  7  of  an  Act  entitled,  "An  Act  to  author- 
ize county  authorities  to  establish  and  maintain  a  detention  home  for 
the  temporary  care  and  custody  of  dependent,  delinquent  or  truant 
children,  and  to  levy  and  collect  a  tax  to  pay  the  cost  of  its  establish- 
ment and  maintenance,"  approved  May  13,  1907,  in  force  July  1,   1907.  .  .    729 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  in  relation  to  the 
rate  of  taxation  in  cities,  villages  and  incorporated  towns,"  approved 
and  in  force  May  30,   1881,   as  subsequently  amended 730 

An  Act  to  amend  an  Act  entitled,  "Axi  Act  to  authorize  cities  and  villages, 
which  include  wholly  within  their  corporate  limits,  a  town  or  towns, 
to  levy  for  street  purposes  a  tax  in  addition  to  the  tax  of  one  and  2/10 
(1  2/10)  per  centum  upon  the  aggregate  valuation  of  all  property 
within  such  city,  village  or  incorporated  town  as  now  prescribed  by 
law,"  approved  May  29,  1911,  in  force  July  1,  1911,  and  to  amend  the 
title     thereof 731 

An  Act  to  amend  section  1  of  Article  VIII  of  an  Act  entitled,  "An  Act  to 
provide  for  the  incorporation  of  cities  and  villages,"  approved  April  10, 
1872,  in  force  July  1,  1872,  as  subsequently  amended 732 

An  Act  to  authorize  towns  having  a  population  of  fewer  than  5,000  inhabit- 
ants to  establish,  erect  and  maintain  community  buildings 734 

An  Act  to  provide  for  public  county  library  systems 736 

An  Act  to  amend  sections  25  and  27  of  an  Act  entitled,  "An  Act  to  revise 
the  law  in  relation  to  counties,"  approved  and  in  force  March  31,  1S74, 
as    subsequently    amended 740 


XX  CONTENTS. 


Revenue — -Continued.  page. 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  provide  for  a 
firemen's  pension  fund  and  to  create  a  board  of  trustees  to  administer 
said  fund  in  cities  having  a  population  exceeding  two  hundred  thousand 
(200,000)  inhabitants,"  filed  with  the  Governor  June  14,  1917,  in  force 
July    1,    1917 742 

An  Act  to  create  a  firemen's  pension  fund  in  cities,  incorporated  towns, 
villages  and  townships  having  a  population  of  not  less  than  5,000  nor 
more  than  200,000  inhabitants  and  to  repeal  certain  Acts  therein  named.    743 

An  Act  to  amend  section  13  of  an  Act  entitled,  "An  Act  to  provide  for  the 
creation  and  management  of  forest  preserve  districts  and  repealing  cer- 
tain Acts  therein  named,"  approved  June  27,  1913,  in  force  July  1,  1913.  .    751 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  authorize  cities  and  villages 
having  a  population  of  less  than  100,000  to  levy  a  tax  for  the  purpose  of 
collecting  and  disposing  of  garbage,"  approved  June  25,  1915,  in  force 
July    1,    1915 751 

An  Act  to  amend  section  15  of  an  Act  entitled,  "An  Act  to  authorize  the 
organization  of  public  health  districts  and  for  the  establishment  and 
maintenance  of  a  health  department  for  the  same,"  filed  with  the  Gover- 
nor June  26,   1917,   in  force  July  1,    1917 752 

An  Act  to  revise  the  laws  in  relation  to  establishing  and  maintaining  pub- 
lic hospitals  in  cities  of  less  than  one  hundred  thousand  inhabitants.  .  .  .    753 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  tax  gifts,  legacies,  inherit- 
ances, 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,  as  subsequently 
amended,  by  amending  section  1   thereof 757 

An  Act  to  amend  sections  1,  2  and  5  and  the  title  of  an  Act  entitled,  "An 
Act  to  enable  cities,  villages  and  towns  threatened  with  overflows  or 
inundations  to  levy  taxes  by  vote  of  the  electors  thereof  in  excess  of  two 
per  cent  to  strengthen,  build,  raise  or  repair  the  levees  around  same  and 
to  issue  anticipation  warrants  on  such  taxes,"  approved  June  11,  1897, 
in  force  July  1,   1897 760 

An  Act  to  amend  section  1  of  an  Act  entitled,  "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  embankments  and  structures,  to  levy  and 
collect  an  annual  tax  therefor  and  to  acquire  real  estate  and  materials 
for  such  purposes,"  approved  and  in  force  June  26,   1913 761 

An  Act  to  amend  section  202  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 761 

An  Act  to  amend  section  224  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 762 

An  Act  to  amend  an  Act  entitled,  "An  Act  for  the  assessment  of  property 
and  for  the  levy  and  collection  of  taxes,"  approved  March  30,  1S72.  in 
force  July  1,  1872,  as  amended,  by  amending  section  186   thereof 763 

An  Act  to  amend  sections  202  and  210  of  an  Act  entitled,  "An  Act  for  the 
assessment  of  property,  and  for  the  levy  and  collection  of  taxes," 
approved  March  30,   1872,  in  force  July  1,   1872,  as  amended 764 

An  Act  to  amend  section  155  of  "An  Act  for  the  assessment  of  property 
and  for  the  levy  and  collection  of  taxes,"  approved  March  30,  1872,  in 
force    July    1,    1872,    as    subsequently   amended 765 

An  Act  to  amend  sections  178,  182,  184,  185  and  191  of  an  Act  entitled, 
"An  Act  for«the  assessment  of  property  and  for  the  lew  and  collection 
of  taxes,"  approved  March  30,  1872,  in  force  July  1,  1872,  as  subse- 
quently   amended 766 

An  Act  to  amend  an  Act  entitled,  "An  Act  for  the  assessment  of  property 
and  for  the  levy  and  collection  of  taxes,"  approved  March  30,  1872,  in 
force  July  1,  1S72,  as  subsequently  amended,  by  amending  section  two 
(2)    thereof 770 

An  Act  to  amend  section  121  of  an  Act  entitled,  "An  Act  for  the  assess- 
ment of  property  and  for  the  levy  and  collection  of  taxes,"  approved 
March  30,   1872,  in  force  July  1,   1872,  as  subsequently  amended 771 

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 
subsequently    amended 772 

An  Act  to  amend  sections  1,  10  and  13  of  an  Act  'entitled! '  "An  Act'  to 
authorize  cities,  incorporated  towns  and  townships  to  establish  and  main- 
tain free  public  libraries  and  reading  rooms,"  approved  and  in  force 
March    7,    1S72,    as   subsequently   amended 774 

An  Act  to  amend  sections  33a  and  33b  of  an  Act  entitled, '  "An  Act'  con- 
cerning local  improvements,"  approved  June  14,  1897,  in  force  July  1 
1S97,    as    subsequently    amended '   775 

An  Act  to  authorize  cities,  villages  and  incorporated  towns  having  a  popu- 
lation of  less  than  one  hundred  thousand  to  erect  monuments  and 
memorials     778 


CONTENTS.  XXI 


Revenue — Continued.  page. 

An  Act  to  amend  section  1  and  section  3  of  an  Act  entitled,  "An  Act  to 
authorize  cities,  villages  and  incorporated  towns  having  a  population  of 
less  than  one  hundred  thousand  to  erect  monuments  and  memorials," 
approved  May   10,    1919 779 

An  Act  to  amend  section  16  of  an  Act  entitled,  'An  Act  to  provide  for  the 
partial  support  of  mothers  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  residents  of  the  county  in  which  application  for  relief  is  made  ; 
and  also  to  provide  for  the  probationary  visitation,  care  and  supervision 
of  the  family  for  whose  benefit  such  support  is  provided,"  approved 
June  30,  1913,  in  force  July  1,  1913,  as  amended 780 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  provide  for 
the  partial  support  of  mothers  whose  husbands  are  dead  or  have  become 
permanently  incapacitated  for  work  by  reason  of  physical  or  mental  in- 
firmity when  such  mothers  have  children  under  fourteen  years  of  age 
and  are  residents  of  the  county  in  which  application  for  relief  is  made ; 
and  also  to  provide  for  the  probationary  visitation,  care  and  supervision 
of  the  family  for  whose  benefit  such  support  is  provided,"  approved 
June   30,   1913,   in   force  July   1,    1913,   as  amended 7S1 

An  Act  to  amend  sections  1  and  3  of  an  Act  entitled,  "An  Act  to  enable 
cities  and  villages  having  a  population  not  to  exceed  five  hundred  thous- 
and (500,000)  to  establish  and  maintain  public  and  municipal  coliseums," 
approved  June  27,   1913,  in  force  July   1,   1913 782 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  concerning  museums 
in  public  parks,"  approved  June  17,  1S93,  in  force  July  1,  1893,  as  subse- 
quently    amended 783 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  amend  the 
charter  of  the  City  of  Chicago,  to  create  a  board  of  park  commissioners, 
and  authorize  a  tax  in  the  town  of  West  Chicago,  and  for  other  pur- 
poses," approved  and  in  force  February  27,   1869 784 

An  Act  entitled,  "An  Act  to  provide  for  the  creation.'  setting  apart,  forma- 
tion, administration  and  disbursement  of  a  park  employees'  annuity  and 
benefit    fund" , 785 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  to  provide  for  the 
creation,  setting  apart,  formation,  administration  and  disbursement  of 
a  park  employees'  annuity  and  benefit' fund,"   passed  June   6,   1919 812 

An  Act  to  amend  section  8  of  an  Act  entitled,  "An  Act  to  provide  for  the 
setting  apart,  formation,  administration  and  disbursement  of  a  park 
police  pension  fund,"  filed  with  the  Governor  May  19,  1917,  in  force 
July    1,    1917 813 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  authorize  cities 
and  villages  having  a  population  of  less  than  50,000  to  maintain  by 
taxation  public  parks,"  approved  and  in  force  June  29,  1915,  as  subse- 
quently  amended 815 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  "An  Act  to 
authorize  cities  and  villages  having  a  population  of  less  than  50,000  to 
maintain  by  taxation  public  parks,"  approved  May  13,  1907,  in  force  July 
1,   1907,  as  amended 816 

An  Act  to  amend  section  1  and  section  19  of  an  Act  entitled,  "An  Act  in 
regard  to  the  completion,   improvement  and  management  of  public  parks 
and  boulevards,  and  to  provide  a  more  efficient  remedy  for  the  collection 
of  delinquent  assessments,"  approved  May  2,   1873,  in  force  July  1,   1873, 
as    subsequently   amended 817 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commissioners 
to  improve,  govern  and  maintain  the  parks  and  boulevards  under  their 
control,"  approved  June  26,   1885,  in  force  July  1,   1885 818 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  "An  Act  to 
authorize  the  corporate  authorities  of  towns  to  issue  bonds  for  the  com- 
pletion and  improvement  of  public  parks  and  boulevards,  and  to  provide 
a  tax  for  the  payment  of  the  same,"  approved  and  in  force  June  12,  1891.    818 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commissioners  to 
maintain  and  govern  parks  and  bou^vards  under  their  control,"  ap- 
proved June  17,  1893,  in  force  July  1,  1893,  as  subsequently  amended.  .  .  .    820 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  for  fhe 
assessment  and  collection  of  a  general  tax  by  cities  for  park  and  boule- 
vard purposes,"  approved  and  in  force  June  17,  1893,  as  subsequently 
amended     821 

An  Act  to  amend  section  8  of  an  Act  entitled,  "An  Act  to  provide  for  the 
creation  of  pleasure  driveway  and  park  districts,"  approved  June  19, 
1893,   in   force   July  1,    1893,    as   subsequently   amended 822 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commissioners  to 
maintain  and  govern  parks  and  boulevards  under  their  control," 
approved  June  17,  1895,  in  force  July  1,  1895,  as  subsequently  amended..    823 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  "An  Act  to 
authorize  the  corporate  authorities  of  towns  to  issue  bonds  for  the  com- 
pletion and  improvement  of  public  parks  and  boulevards,  and  to  provide 
a  tax  for  the  payment  of  the  same,"  approved  June  9,  1S97,  in  force 
July    1,    1S97 824 


XXII  CONTENTS. 


Revenue — Continued.  page. 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commissioners 
to  maintain  and  govern  parks,  boulevards,  driveways,  promenades  and 
pleasure  grounds  under  their  control,"  approved  April  21,  1899,  in  force 
July   1,    1899,   as  subsequently  amended 826 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  enable  the  cor- 
porate authorities  of  two  or  more  towns  for  park  purposes,  to  issue 
bonds  to  raise  funds  for  the  acquisition  and  improvement  of  additional 
small  parks  or  pleasure  grounds  and  to  provide  for  the  payment 
thereof,"  approved  and  in  force  May  10,  1901,  as  subsequently 
amended   827 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  ""An  Act  to 
authorize  the  corporate  authorities  of  towns  to  issue  bonds  for  the  com- 
pletion and  improvement  of  public  parks  and  boulevards,  and  to  provide 
a  tax  for  the  payment  of  the  same,"  approved  and  in  force  June 
21,    1895 828 

An  Act  to  amend  section  8  of  an  Act  entitled,  "An  Act  to  establish  and 
maintain  parks  and  parkways  in  towns  and  townships,"  approved  May 
29,   1911,   in  force  July  1,    1911 829 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  authorizing  town- 
ships to  acquire  and  maintain  lands  for  park  purposes,"  approved  and 
in  force  June  23,   1915 S30 

An  Act  to  enable  park  commissioners  to  maintain,  improve  and  govern 
parks,  boulevards,  driveways,  highways,  promenades  and  pleasure 
grounds    under    their    control 830 

An  Act  to  amend  section  22  of  an  Act  entitled,  "An  Act  to  provide  for  the 
organization  of  park  districts  and  the  transfer  of  submerged  lands  to 
those  bordering  on  navigable  bodies  of  water,"  approved  June  24, 
1895,    in   force   July   1,    1895 S31 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  for  the 
formation  and  disbursement  of  a  pension  fund  in  cities,  villages  and 
incorporated  towns  having  a  population  exceeding  100,000  inhabitants 
for  municipal  employees  appointed  to  their  positions  under  and  by  vir- 
tue of  an  Act  entitled,  An  Act  to  regulate  the  civil  service  of  cities,' 
approved  and  in  force  March  20,  1895,  and  for  those  who  were  appointed 
prior  to  the  passage  of  said  Act  and  who  are  now  in  the  service  of  such 
city,  village  or  town,"  approved  May  31,  1911,  in  force  July  1,  1911,  as 
subsequently    amended ■ 83  2 

An  Act  to  amend  section  9  of  an  Act  entitled,  "An  Act  to  provide  for  the 
setting  apart,  formation  and  disbursement  of  a  police  pension  fund  in 
cities  having  a  population  exceeding  two  hundred  thousand  inhabitants," 
approved  June  29,  1915,  in  force  July  1,   1915,  as  amended 835 

An  Act  to  amend  section  1  and  the  title  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  5,000  and  not  more  than 
100,000  inhabitants,"  filed  with  the  Governor  June  26,  1917,  in  force 
July   1,    1917,   as  subsequently   amended S37 

An  Act  to  amend  section  1  and  section  2  of  an  Act  entitled,  "An  Act  to 
authorize  cities  whose  public  buildings  have  been  or  may  be  destroyed  or 
impaired  by  cyclone  or  tornado  to  levy  a  tax  to  pay  the  cost  of  rebuilding 
or  restoring  such  buildings,"  approved  and  in  force  April  24,   1899 839 

An  Act  in  relation  to  public  comfort  stations 840 

An  Act  in  relation  to  public  comfort  stations 841 

An  Act  to  amend  section  6  of  an  Act  entitled,  "An  Act  to  provide  for  the 
acquisition,  equipment,  conduct  and  maintenance  of  public  playgrounds 
in  and  by  cities  having  a  population  of  less  than  one  hundred  fifty 
thousand   (150,000),"  approved  June  24,  1915,  in  force  July  1,   1915 842 

An  Act  to  amend  sections  53,  56,  58  and  60  of  an  Act  entitled,  An  Act 
to  revise  the  law  in  relation  to  roads  and  bridges,"  approved  June  27, 
1913,   in  force  July   1,   1913,  as  amended S43 

An  Act  to  amend  section  56  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in  force  July 
1,   1913,   as  subsequently  amended 845 

An  Act  to  amend  sections  108  and  126  of  an  Act  entitled,  "An  Act  to  revise 
the  law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in 
force  July  1,   1913,  as  subsequently  amended S45 

An  Act  to  amend  section  58  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in  force  July  1, 
1913      847 

An  Act  to  amend  section  112  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in  force  July 
1,   1913,  as  amended 848 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  create  sanitary 
districts  and  to  remove  obstructions  in  the  DesPlaines  and  Illinois 
Rivers,"  approved  May  29,  1889,  in  force  July  1,  1889,  as  subsequently 
amended   8  49 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  create  sanitary 
districts,  and  to  provide  for  sewage  disposal,"  approved  June  5,  1911,  in 
force    July    1,    1911 850 


CONTENTS.  XXIII 


Revenue — Concluded.  page. 

An  Act  to  amend  section  17  of  an  Act  entitled,  "An  Act  to  create  sanitary 
districts  in  certain  localities  and  to  drain  and  protect  the  same  rrom 
overflow  for  sanitary  purposes,"  approved  May  17,  1907,  in  force  July 
1,    1907,   as   subsequently   amended 851 

An  Act  to  amend  section  one  hundred  eighty-nine  (189)  of  an  Act  entitled, 
"An  Act  to  establish  and  maintain  a  system  of  free  schools,"  approved 
and  in  force  June   12,   1909,   as  subsequently  amended 852 

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,  as  subse- 
quently amended,   by  amending   section   211   thereof 854 

An  Act  to  amend  section  one  hundred  eighty-nine  (189)  of  an  Act  entitled, 
"An  Act  to  establish  and  maintain  a  system  of  free  schools,"  approved 
and  in  force  June  12,   1909,  as  subsequently  amended 856 

An  Act  to  amend  section  94  of  an  Act  entitled,  "An  Act  to  establish  and 
maintain  a  system  of  free  schools,"  approved  and  in  force  June  12,  1909, 
as   subsequently    amended 857 

An  Act  to  amend  sections  210  and  211  of  an  Act  entitled,  "An  Act  to  estab- 
lish and  maintain  a,  system  of  free  schools,"  approved  and  in  force  June 
12,    1909,   as   subsequently  amended 858 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  create  sanitary 
districts  and  to  provide  for  sewage  disposal,"  approved  June  22,  1917, 
in   force  July   1,    1917 861 

An  Act  to  amend  sections  1  and  2  of  an  Act  entitled,  "An  Act  in  relation 
to  the  levy  and  collection  of  taxes  for  sewerage  and  water-works  in 
cities  of  this  State,  that  may  have  established  a  system  of  sewerage  and 
water-works  for  such  city,  and  to  repeal  an  Act  therein  named,  and  to 
authorize  the  cities,  villages  and  incorporated  towns  of  this  State  to  levy 
and  collect  taxes  to  pay  for  water  and  light,"  approved  June  21,  1883, 
in  force  July  1,   1883,  as  amended 862 

An  Act  to  provide  for  the  necessary  revenue  for  State  purposes 864 

An  Act  to  amend  section  1  and  section  2  of  an  Act  entitled,  "An  Act  to 
enable  cities  and  villages  to  establish  and  maintain  public  tuberculosis 
sanitariums,"  approved  March  7,  190S,  in  force  July  1,  1908,  as  subse- 
quently  amended 864 

An  Act  to  amend  section  16  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 866 

An  Act  to  amend  sections  1  and  2  of  an  Act  entitled,  "An  Act  to  authorize 
county  authorities  to  establish  and  maintain  a  county  tuberculosis  sani- 
tarium, and  branches,  dispensaries  and  other  auxiliary  institutions  con- 
nected with  the  same,  and  to  levy  and  collect  a  tax  to  pay  the  cost  of 
their  establishment  and  maintenance,"  approved  June  28,  1915,  in 
force    July    1,    1915 866 

An  Act  to  amend  section  1  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 867 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  provide  for 
the  organization  of  water  districts,  to  enable  certain  territory  to  procure 
pure  water,"   approved  June  5,   1911,   in   force  July  1,    1911 868 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  enable  cities  and 
villages  to  buy,  construct  or  enlarge  water  works  and  to  provide  for  the 
management  thereof,  and  giving  them  authority  to  levy  an  annual  tax 
and  to  pledge  the  same  in  payment  therefor,"  approved  April  19,  1899, 
in  force  Juiy  1,  1899,  as  subsequently  amended 869 

Roads  and  Bridges  : 

An  Act  to  amend  section  75  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in  force  July 
1,    1913,    as    amended 869 

An  Act  to  amend  sections  73,  75a,  84,  89,  90,  91,  95,  97  and  98  of  an  Act 
entitled,  "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges," 
approved  June  27,  1913,  in  force  July  1,  1913,  as  amended 870 

An  Act  to  amend  section  112  of  an  Act  entitled:  "An  Act  to  revise  the 
law  in  relation  to  r.oads  and  bridges,"  approved  June  27,  1913,  in  force 
July    1,    1913,    as    amended 873 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
roads  and  bridges,"  approved  June  27,  1913,  in  force  July  1,  1913,  as 
subsequently  amended,  by  amending  sections  133  and  134  of  Article 
VII   thereof 875 

An  Act  to  amend  sections  35,  36,  37,  38,  39,  63,  64,  65,  66,  67,  68,  69, 
70,  71  and  138  of  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  roads  and  bridges,"  approved  June  27,  1913,  in  force  July  1,  1913, 
as  amended 877 

An  Act  to  amend  section  41  of  an  Act  entitled,  "An  Act  to  revise  the  law 
in  .relation  to  roads  and  bridges,"  approved  June  27,  1913,  in  force 
July  1,   1913,   as  amended 881 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  roads  and  bridges."  approved  June  27,  1913,  in  force  July  1,  1913, 
as  amended,  by  adding  thereto  a  section,  to  be  known  as  section  38a...    882 


XXIV  CONTENTS. 


Roads  and  Bridges — Concluded.  page. 

An  Act  to  amend  section  145a  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in  force 
July   1,   1913,  as  amended 883- 

An  Act  in  relation  to  the  use  of  patented  articles,  materials  and  processes 
for  constructing-  or  maintaining  roads  and  streets  in  counties,  cities, 
towns,    villages,    townships   and    districts 884 

An  Act  to  prohibit  the  placing  or  breaking  of  glass  upon  highways,  roads, 
bridges    and    streets S85- 

Ah  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
roads  and  bridges,"  approved  June  27,  1913,  in  force  July  1,  1913,  as 
amended,  by  adding  thereto  a  new  section  to  be  known  as  section  151a.  .  .    885 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
roads  and  bridges,"  approved  June  27,  1913,  in  force  July  1,  1913,  as 
amended,  by  adding  thereto  five  sections  to  be  known  as  sections  129a, 
129b,    129c,    129d   and    129e 886 

An  Act  to  amend  sections  9  and  19  of  an  Act  entitled,  "An  Act  to  revise 
the  law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in 
force  July  1,  1913,  as  amended 887 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
roads  and  bridges,"  approved  June  27,  1913,  in  force  July  1,  1913,  as 
subsequently  amended,  by  amending  sections  nine  (9)  and  twenty-six 
(26)    thereof SS9> 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to 
roads  and  bridges,"  approved  June  27,  1913,  in  force  July  1,  1913,  and 
as  subsequently  amended,  by  amending  section   42  thereof 893 

Schools  : 

An  Act  to  establish  an  American  Indian  Day 894 

An  Act  to  amend  sections  126  and  126a  of  an  Act  entitled,  "An  Act  to 
establish  and  maintain  a  system  of  free  schools,"  approved  and  in  force 

June   12,    1909,    as   amended 894 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  appointment 
of  school  directors,  and  members  of  the  board  of  education  in  certain 
cases,  approved  May  29,  1879,  in  force  July  1,  1879,  as  amended  by 
subsequent  Acts,"  by  adding  one  new  section  known  as  section  seven, 
whereby  school  directors  and  boards  of  education  in  certain  school  dis- 
tricts are  empowered  to  issue,  negotiate,  and  sell  bonds  and  use  the 
proceeds  derived  therefrom  for  the  payment  of  warrants  and  any  and 
all  interest  accrued  and  accruing  thereon  which  shall  have  been  issued 
prior    to    January    1,    1920,    in    anticipation    of    taxes    levied    for    school 

purposes    896 

An  Act  to  amend  section  13  of  an  Act  entitled,  "An  Act  to  establish  and 
maintain    a    system    of    free    schools,"    approved    and    in    force    June    12, 

1909,    as    amended 897 

An  Act  to  amend  sections  2,  5,  6.  7,  8,  13,  15  and  20  of  an  Act  entitled, 
"An  Act  to  provide  for  the  certification  of  teacher,"   approved  June   28, 

1913,  in  force  July  1,  1914,  as  amended 898 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  establish  and  maintain  a 
system  of  free  schols,"  approved  and  in  force  June  12,  1909,  as  amended, 
by  adding  thereto  seven  new  sections,  to  be  known  as  sections  84a,  84b, 

84c,    84d,    84e,    84f   and    84g 904 

An  Act  to  legalize  the  organization  of  certain  high  school  districts 907 

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

thereto   a  section  to   be   numbered   89a 908 

An  Act  to  amend  sections  274  and  275  of  an  Act  entitled,  "An  Act  to 
establish  and  maintain  a  system  of  free  schools,"   approved  and  in  force 

June    12,    1909,    as   amended 910 

An  Act  to  amend  section  114  of  an  Act  entitled,  "An  Act  to  establish  and 
maintain    a    system    of   free    schools,"    approved    and    in    force    June    12, 

1909,    as   amended 913 

An  Act  to  prohibit  fraternities,  sororities  and  secret  societies  iii  the  public 

schools  of  the  State,  and  to  provide  for  the  enforcement  of  the  same.  ...    914 
An  Act   to   authorize   boards  of   education   and   school   directors   to   provide 
text-books  for  the  free  use  of  the  public  schools,   and  to  sell  text-hooks 
at  cost  to  pupils  who  desire  to  purchase  them,  and  prescribing  penalties 

for    the    violation    thereof 915 

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,  as?  subse- 
quently amended,  by  amending  section  two  hundred  and  seventy-four 
(274)  thereof,  and  adding  a  new  section  to  be  known  as  section  276a...  917 
An  Act  to  amend  section  274  of  an  Act  entitled,  "An  Act  to  establish  and 
maintain    a    system    of    free    schools,"    approved    and    in    force    June    1° 

1909,    as   amended ;  '    9ig 

An  Act  for  the  establishment  and  maintenance  of  part-time  or  continua- 
tion schools  and  classes,  providing  for  the  control  and  management 
thereof  and  compulsory  attendance  of  pupils,  prescribing  the  courses  of 
instruction  therein,  providing  State  aid  therefor,  and  providing  penalties 
for  violations  thereof gig 


CONTENTS.  XXV 


Schools — Concluded.  page. 

An  Act  to  amend  section  two  hundred  and  twenty-four  (224)  of  an  Act 
entitled,  "An  Act  to  establish  and  maintain  a  system  of  free  schools," 
approved  and  in   force  June   12,    1909 921 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  establish  and  maintain  a  sys- 
tem of  free  schools,"  approved  and  in  force  June  12,  1909,  as  amended, 
by  adding  thereto  two  new  sections,  to  be  known  as  sections  166a 
and    173a 922 

An  Act  to  amend  section  174  of  an  Act  entitled,  "An  Act  to  establish  and 
maintain  a  system  of  free  schools,"  approved  and  in  force  June  12, 
1909,    as   amended 923 

An  Act  to  amend  sections  86,  91  and  127  of  an  Act  entitled,  "An  Act  to 
establish  and  maintain  a  system  of  free  schools,"  approved  and  in  force 
June  12,    1909,   as  subsequently  amended 924 

An  Act  to  amend  "An  Act  to  revise  the  law  in  relation  to  universities,  col- 
leges, academies,  and  other  institutions  of  learning,"  approved  March  24, 
1874,   in   force  July   1,    1874 927 

An  Act  in  relation  to  vocational  education 928 

Search  and  Seizure  : 

An  Act  to  restrict  the  manufacture,  possession  and  vise  of  intoxicating 
liquor  within  prohibition   territory 930 

Soldiers  and  Sailors  : 

An  Act  to  authorize  the  award  of  medals  to  persons  from  the  State  of 
Illinois  who  were  engaged  in  the  military  or  naval  service  of  the  United 
States  during  the  war  between  the  United  States  and  the  Imperial 
German     Government 945 

State  Finance  : 

An  Act  in  relation  to  State  finance 946 

State  Lands  : 

An  Act  to  authorize  the  transfer  by  the  State  to  the  city  of  Jacksonville, 
of  certain  real  estate  situated  in  the  said  city  of  Jacksonville 953 

State  Monets  : 

An  Act  in  relation  to  State  moneys 954 

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 959 

Structural  Engineers  : 

An  Act  to  revise  the  law  in  relation  to  the  regulation  of  the  practice  of 
structural    engineering 961 

Surveyors : 

An   Act   in    relation   to   land   surveyors 966 

Township  Organization  : 

An  Act  to  amend  section  7  of  Article  VII  of  an  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  township  organization,"  approved  and  in 
force  March  4,   1874,  as  amended 969 

Warrants  : 

An  Act  to  amend  section  3  of  an  Act  entitled,  "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,"  approved  June  27,   1913,   in  force  July  1,   1913 971 

Waterways  : 

An  Act  to  amend  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,  as  subsequently 
amended,  by  amending  sections  eighteen,  twenty-three,  twenty-four, 
twenty-six  and  twenty-nine  thereof  and  by  adding  a  new  section  to  be 
known   as   section   thirty 972 

An  Act  authorizing  the  dams,  works  and  appurtenances  at  Henry  and 
Copperas  Creek  to  be  granted  to  the  United  States 975 

An  Act  in  relation  to  the  Illinois  and  Michigan  Canal  and  the  canal  lands. 
the  protection,  preservation  and  disposition  thereof,  and  to  repeal  all 
Acts  and  parts  of  Acts  in   conflict  herewith 976 


-c  L 


XXVI  CONTEXTS. 


Waterways — Concluded.  page. 

An  Act  in  relation  to  the  construction,  operation  and  maintenance  of  a 
deep  waterway  from  the  water  power  plant  of  the  Sanitary  District  of 
Chicago  at  or  near  Lockport  to  a  point  in  the  Illinois  River  at  or  near 
Utica,  and  for  the  development  and  utilization  of  the  water  power 
thereof    978 

An  Act  authorizing-  the  issuance  of  bonds  of  the  State  of  Illinois  for  the 
construction  of  "The  Illinois  Waterway,"  including  the  erection  and 
equipment  of  power  plants,  locks,  bridges,  dams  and  appliances  and 
providing  for  the  payment  thereof 988 

An  Act  to  amend  section  fourteen  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, 
as   subsequently   amended 990 

Wills  : 

An  Act  to  amend  section  seven  (7)  of  an  Act  entitled,  "An  Act  in  regard 
to  wills,"  approved  March  20,  1872,  in  force  July  1,  1872,  as  amended.  ...    991 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  wills,"  approved 
March  20,  1872,  in  force  July  1,  1872,  as  amended,  by  adding  thereto  two 
sections  to  be  known  as  sections  10a  and  10b 993 

An  Act  to  amend  an  Act  entitled,  ""An  Act  in  relation  to  the  probate  of 
wills,"  approved  June  3,  1897,  in  force  July  1,  1897,  as  amended,  by 
amending  section  1  thereof,  and  by  adding  a  section  to  be  known  as 
section    la 994 


LAWS  OF  THE  STATE  OF  ILLINOIS. 


ADMINISTRATION  OF  ESTATES. 


CONTESTS,   ETC. 

§    1.     Amends  sections  11,  32,  59,  90,  112  §    130.     Sale    to    —  >bts — 

and    130   and  adds   sections   136, 
137    and   138,   Act  of   1872. 

be 
§      11.     Administrators  +~ 
lee* 

real 

y — 

n  g 
ide 
>ds 


..  .via  which 

^u,±t:a,  is  established,  and 

w  record,  with  proof  thereupon  taken, 

_oo  m  regard  to  the  right  of  executorship,   or  to 

-«t,i  cne  estate  of  any  person  dying  either  testate  or  intestate,  or 

whenever  any  other  contingency  happens  which  is  productive  of  great 

delay  before  letters  testamentary  or  of  administration  can  be  issued  upon 

the  estate  of  such  testator  or  intestate,  to  the  person  or  persons  having 

legal  preference  to  the  same,  the  County  Court  may  appoint  any  person 

or  persons  as  administrators,  to  collect  and  preserve  the  estate  of  any 

such  decedent,  until  probate  of  his  will,  or  until  other  administration 


XXVI  CONTENTS. 


Waterways — Concluded.  page. 

An  Act  in  relation  to  the  construction,  operation  and  maintenance  of  a 
deep  waterway  from  the  water  power  plant  of  the  Sanitary  District  of 
Chicago  at  or  near  Lockport  to  a  point  in  the  Illinois  River  at  or  near 
Utica,  and  for  the  development  and  utilization  of  the  water  power 
thereof    978 

An  Act  authorizing-  the  issuance  of  bonds  of  the  State  of  Illinois  for  the 
construction  of  "The  Illinois  Waterway,"  including  the  erection  and 
equipment  of  power  plants,  locks,  bridges,  dams  and  appliances  and 
providing  for  the  payment  thereof 988 

An  Act  to  amend  section  fourteen  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, 
as   subsequently   amended 990 

Wills  : 

An  Act  to  amend  section  seven  (7)  of  an  Act  entitled,  "An  Act  in  regard 
to  wills,"  approved  March  20,  1872,  in  force  July  1,  1872,  as  amended.  .  .  .    991 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  wills,"  approved 
March  20,  1872,  in  force  July  1,  1872,  as  amended,  by  adding  thereto  two 
sections  to  be  known  as  sections  10a  and  10b 993 

An  Act  to  amend  an  Act  entitled,  -"An  Act  in  relation  to  the  probate  of 
wills,"  approved  June  3,  1897,  in  force  July  1,  1897,  as  amended,  by 
amending  section  1  thereof,  and  by  adding  a  section  to  be  known  as 
section    la 994 


ERRATA. 

Page  18,  line  6,  section  1,  the  words  "red  top"  should  not  appear. 

Page  38,  line  3,  section  7,  a  parenthesis  should  be  used  after  the  word 
"bobwhite".  * 

Page  40,  line  15,  section  49,  the  word  "license"  should  be  "licensee." 

Page  40,  line  15,  section  49,  the  word  "both"  should  be  "boats". 

Page  41,  line  5,  section  56,  the  word  "unlawful"  should  be  "lawful". 

Page  225,  line  8,  section  4,  the  word   "involves"  should  be  "devolves". 

Page  229,  line  3,  pargraph  2,  the  word  "such"  should  appear  between 
the  words  "any"  and  "bank". 

Page  230,  line  6,  paragraph   (e),  the  word  "not"  should  not  appear. 

Page  450,  line  32,  section  52,  the  word  "not"  should  appear  between  the 
words  "have"  and  "their". 

Page  758,  the  word  "such"  at  the  end  of  the  first  line  of  the  last  para- 
graph should  be  "each". 


LAWS  OF  THE  STATE  OF  ILLINOIS. 


ADMINISTRATION  OF  ESTATES. 


CONTESTS.   ETC. 


§  130.  Sale  to  pay  debts — 
coerced. 

§  136.  Depositions  to  be 
taken. 

§  137.  To  order  sale  of  real 
estate  for  legacy — 
persons  holding 
liens  to  be  made 
parties  —  proceeds 
of  sale. 

§  138.  Court  to  have  power 
when  administrator 
fails  to  present 
amount. 


§  1.  Amends  sections  11,  32,  59,  90,  112 
and  130  and  adds  sections  136, 
137    and    138,   Act  of    1872. 

§  11.  Administrators  to  col- 
1  e  c  t  —  when  ap- 
pointed. 

§  32.  Requiring  other  se- 
curity. 

§  59.  Compensation  —  when 
assets  do  not  ex- 
ceed widow's  allow- 
ance— new  assets. 

§  90.  Waste  —  citation  — 
security  —  costs. 

§  112.  Annual  and  final  set- 
tlements— notice  to 
heirs. 

(House  Bill  No.   725.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  the  administra- 
tion of  estates/'  approved  April  1,  1812,  in  force  July  1,  1872,  as 
amended,  by  amending  sections  11,  32,  59,  90,  112  and  ISO  thereof, 
and  by  adding  thereto  three  sections,  to  be  knoivn  as  sections  186,  131 
and  138. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled:  "An  Act  in 
regard  to  the  administration  of  estates",  approved  April  1,  1872,  in 
force  July  1,  1872,  as  amended,  is  amended,  by  amending  sections  11, 
32,  59,  90,  112  and  130  thereof,  and  by  adding  thereto  three  sections,  to 
be  known  as  sections  136,  137  and  138,  the  amended  and  added  sections 
to  read  as  follows : 

§  11.  During  any  contest  in  relation  to  the  probate  of  any  will, 
testament,  or  codicil,  before  the  same  is  recorded,  or  until  a  will  which 
may  have  once  existed,  but  is  destroyed  or  concealed,  is  established,  and 
the  substance  thereof  committed  to  record,  with  proof  thereupon  taken, 
or  during  any  contest  in  regard  to  the  right  of  executorship,  or  to 
administer  the  estate  of  any  person  dying  either  testate  or  intestate,  or 
whenever  any  other  contingency  happens  which  is  productive  of  great 
delay  before  letters  testamentary  or  of  administration  can  be  issued  upon 
the  estate  of  such  testator  or  intestate,  to  the  person  or  persons  having 
legal  preference  to  the  same,  the  County  Court  may  appoint  an}r  person 
or  persons  as  administrators,  to  collect  and  preserve  the  estate  of  any 
such  decedent,  until  probate  of  his  will,  or  until  other  administration 


ADMINISTRATION    OF   ESTATES. 


of  his  estate  is  granted,  taking  bond  and  security  for  the  collection, 
preservation  and  administration  of  the  estate,  making  an  inventory 
thereof,  and  safe-keeping  and  delivering  up  the  same  when  thereunto 
required  by  the  court,  to  the  proper  executor  or  administrator,  whenever 
they  shall  be  admitted  and  qualified  as  such.  Such  administrator  to 
collect  shall  have  such  powers  and  authority  as  is  vested  by  law  in  an 
executor  or  administrator,  provided  the  same  be  exercised  under  and 
subject  to  the  direction  and  order  of  the  court,  first  obtained. 

§  32.  When  any  court  grants  letters  testamentary  or  of  adminis- 
tration, of  the  estate  of  any  person  deceased,  without  taking  good  security 
as  aforesaid,  or  when  any  security  heretofore  or  hereafter  taken  becomes 
in  the  judgment  of  the  court  insufficient,  the  court  may,  on  the  appli- 
cation of  any  person  entitled  to  distribution,  or  otherwise  interested  in 
such  estate,  or  on  its  own  motion  require  such  executor  or  administrator 
to  give  other  and  sufficient  security;  and  in  default  thereof  the  letters 
testamentary  or  of  administration,  shall  be  revoked,  and  administration 
de  bonis  non  granted;  but  all  acts  done  according  to  law  by  the  executor 
or  administrator  so  removed  prior  to  such  revocation,  shall  be  valid. 

§  59.  Every  appraiser  appointed  under  this  Act  shall  be  entitled 
to  the  sum  of  $2.00  per  day  for  each  day's  necessary  attendance  in 
making  all  such  appraisements,  or  such  additional  fees,  compensation 
and  charges  as  the  court  may  deem  reasonable  and  just,  to  be  allowed 
by  the  County  Court,  and  paid  upon  its  order  by  the  executor  or  ad- 
ministrator. 

If  the  administrator  or  executor  of  an  estate  discovers,  at  any  time 
after  an  inventory  and  appraisement  of  the  property  is  made,  that  the 
personal  property  and  assets  of  the  estate  do  not  exceed  the  amount  of 
the  widow's  allowance,  after  deducting  the  funeral  expenses  and  other 
necessary  expenses  incurred,  such  administrator  or  executor  shall  report 
the  facts  to  the  court,  and  if  the  court  finds  the  report  to  be  true  it  shall 
order  said  property  and  assets  to  be  delivered  to  the  widow  by  the 
administrator  or  executor,  and  discharge  the  executor  or  administrator 
from  further  duty;  but  such  executor  or  administrator  shall  first  pay 
out  of  the  property  and  assets  the  costs  and  expenses  of  administration 
and  funeral  expenses.  After  the  court  orders  the  delivery  of  such 
property  and  assets  to  the  widow,  the  clerk  of  said  court  shall  make  and 
deliver  to  her  a  certified  copy  of  the  order,  under  seal,  which  shall  vest 
her  with  complete  title  to  said  property  and  assets,  and  enable  her  to  sue 
for  and  recover  the  same  in  her  own  name  and  for  her  own  use.  Such 
widow  shall  not  be  liable  for  any  of  the  decedent's  debts  or  liabilities, 
excepting  the  funeral  expenses  of  the  deceased.  If,  upon  affidavit  being 
fiied  with  the  clerk  of  said  court,  that  such  administrator  or  executor 
fails  or  refuses  to  report  in  any  case  provided  for  in  this  section,  the 
court  may  order  a  citation  and  attachment  to  issue  as  in  other  cases  of 
a  failure  of  administrators  to  report.  And  on  a  discovery  of  new 
assets,  administration  may  be  granted  as  in  other  cases,  and  charged  to 
the  account  of  the  estate. 

§  90.  Upon  the  committal  of  waste  by  the  surviving  partner  or 
partners,  or  when,  in  the  judgment  of  the  court,  it  is  to  the  best  interest 


ADMINISTRATION    OF    ESTATES. 


of  the  estate  of  said  decedent,  the  court  may,  upon  proper  application, 
under  oath,  setting  forth  specifically  the  facts  and  circumstances  relied 
on,  protect  the  estate  of  the  deceased  partner,  by  citing  forthwith  the 
surviving  partner  or  partners  to  give  security  for  the  faithful  settlement 
of  the  affairs  of  the  co-partnership,  and  for  his  accounting  for  and 
paying  over  to  the  executor  or  administrator  of  the  deceased  whatever 
shall  be  found  to  be  due,  after  paying  partnership  debts  and  costs  of 
settlement,  within  such  time  as  shall  be  fixed  by  the  court.  The  giving 
of  such  security  may  be  enforced  by  attachment,  or,  upon  refusal  to 
give  such  security,  the  court  may  appoint  a  receiver  of  the  partnership 
property  and  effects  with  like  powers  and  duties  of  receivers  in  courts 
of  chancery;  the  costs  and  expenses  of  proceedings  under  this  section 
to  be  paid  by  the  executor  or  administrator,  out  of  the  estate  of  the 
deceased,  or  by  the  surviving  partner,  or  partly  by  each,  as  the  court 
may  order. 

§  112.  All  executors  and  administrators  shall  exhibit  accounts 
of  their  administration  for  settlement,  to  the  County  Court  from  which 
the-  letters  testamentary  or  of  administration  were  obtained,  at  the  first 
term  thereof,  after  the  expiration  of  one  year  after  the  date  of  their 
letters,  and  in  like  manner  every  twelve  months  thereafter,  or  sooner,  if 
required  by  the  court,  until  the  duties  of  their  administration  are  fully 
completed :  Provided,  that  no  final  settlement  shall  be  made  and  ap- 
proved by  the  court,  unless  the  heirs  at  law  of  the  decedent  and  the 
legatees  under  the  will,  and  the  creditors,  if  any,  of  the  decedent,  whose 
bequests  or  allowed  claims  have  not  been  satisfied,  have  been  notified 
thereof,  in  such  manner  as  the  court  may  direct. 

§  130.  Whenever  real  estate  is  required  to  be  sold,  for  the  pay- 
ment of  debts  and  costs  and  expenses  of  administration,  or  for  the 
purpose  of  satisfying  a  legacy  which  is  a  charge  upon  such  real  estate, 
the  court  may  make  all  necessary  orders  to  coerce  the  executor  or  ad- 
ministrator to  make  immediate  application  for  an  order  to  sell  such 
real  estate. 

§  136.  Depositions  of  witnesses  in  all  proceedings  under  this  Act 
shall  be  taken  in  the  same  manner,  as  near  as  may  be,  as  is  now  or  may 
hereafter  be  provided  by  law  for  the  taking  of  the  depositions  of  such 
witnesses  in  suits  at  law  or  in  chancery. 

§  137.  Where  it  appears  that  a  legacy  provided  by  the  will  of  a 
decedent  is  a  charge  express  or  implied  upon  the  real  estate  of  decedent, 
and  there  is  not  sufficient  personal  estate  of  said  decedent  out  of  which 
such  legacy  can  properly  be  satisfied,  or  such  legacy  is  not  otherwise 
paid,  satisfied  or  lapsed,  then  the  County  or  Probate  Court  of  the  county 
where  letters  testamentary  or  of  administration  with  the  will  annexed 
were  issued,  may  upon  the  filing  of  a  petition  therefor  by  the  executor  or 
administrator,  order  the  sale  of  real  estate  upon  which  such  legacy  is  a 
charge,  or  so  much  of  said  real  estate  as  may  be  necessary  to  satisfy 
such  legacy,  together  with  the  costs  and  expenses  of  such  proceeding. 
The  mode  of  commencing  such  proceedings  shall  be  by  the  filing  of  a 
petition  by  the  executor  or  administrator  with  the  will  annexed,  in  the 
Countv  or  Probate  Court  of  the  countv  where  letters  testamentarv  or  of 


ADMINISTRATION    OF   ESTATES. 


administration  with  the  will  annexed  were  issued.  The  widow,  surviving 
husband,  heirs  and  devisees  of  the  testator  or  testatrix,  and  the  guardians 
of  any  such  as  are  minors,  and  the  conservator  of  such  as  have  con- 
servators, and  all  persons  holding  liens  against  the  real  estate  described 
in  the  petition,  or  any  part  thereof,  or  having  or  claiming  any  interest 
therein  in  possession  or  otherwise,  shall  be  made  parties.  If  there  are 
persons  interested  in  the  premises  whose  names  are  not  known,  then  they 
shall  be  made  parties  by  the  name  of  unknown  owners.  The  practice 
and  procedure  in  such  cases  shall  be  the  same,  as  near  as  may  be,  as  the 
practice  and  procedure  in  proceedings  for  the  sale  of  real  estate  by 
executors  and  administrators  to  pay  the  debts  of  decedents.  The  pro- 
ceeds of  the  sale  of  the  real  estate,  after  the  payment  of  legacies  which 
are  a  charge  and  lien  thereon,  and  the  costs  and  expenses  of  such  pro- 
ceedings, shall  be  paid  over  to  the  devisees,  heirs  at  law,  or  other  persons 
thereunto  entitled  as  their  interest  therein  may  appear. 

§  138.  If  the  executor  or  administrator  shall  fail  to  present  a 
full,  complete  and  true  account,  as  required  by  law,  the  County  or 
Probate  Court  shall  have  full  power  to  state  such  an  account,  which 
account  so  stated  by  the  court  when  entered  of  record  shall  be  binding 
and  conclusive  against  such  executor  or  administrator  and  the  surety 
or  sureties  on  his  bond  or  bonds,  'subject,  however,  to  the  right  of 
appeal  as  in  other  cases. 

Approved  June  28,  1919. 


CONTRACTS. 

§    1.     Adds  section   Ilia,  Act  of  1872.  §   Ilia.     Administrator     to     ex- 

ecute deed  for  prop- 
e  r  t  y  conveyed  in 
contract  —  petition 
to  be  filed. 

(House  Bill  No.   497.     Approved  June   23,   1919.) 

An  Act  to  amend  an  Act  entitled:  "An  Act  in  regard  to  the  administra- 
tion of  estates''  approved  April  1,  1812,  in  force  July  1,  1872,  by 
adding  thereto  a  new  section  to  be  known  as  section  Ilia. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled:  "An  Act  in 
regard  to  the  administration  of  estates,"  approved  April  1,  1872,  in  force 
July  1,  1872,  is  amended  by  adding  thereto  a  new  section  to  be  known 
as  section  Ilia,  to  read  as  follows: 

§  Ilia.  In  any  case  where  the  decedent,  being  the  owner  of  real 
estate,  during  his  life  time,  entered  into  a  contract  or  bond  for  a  deed 
with  another  person  for  the  conveyance  of  such  real  estate  to  such  other 
person  upon  compliance  with  certain  conditions  mentioned  in  such  con- 
tract or  bond  for  deed  and  died  before  all  of  said  conditions  were  com- 
plied with,  it  shall  be  the  duty  of  the  administrator  or  executor  of  the 
estate  of  the  deceased  person,  if  such  other  person  was  not  in  default 
at  the  time  of  the  death  of  the  owner  of  such  real  estate,  and  if  such 
other  person  has  since  the  death  of  such  owner  complied  with  all  the 
conditions  in  said  contract  or  bond  for  a  deed,  to  file  his  petition  in  the 


ADMINISTRATION    OF    ESTATES. 


court  by  which  he  was  appointed  or  in  which  he  was  qualified  praying 
that  he  be  allowed  to  execute  a  deed  or  other  instrument  of  conveyance 
to  such  other  person  conveying  to  such  other  person  all  the  right  and 
title  to  such  real  estate  that  the  owner  thereof  had,  in  such  contract  or 
bond  for  a  deed,  agreed  to  convey. 

Such  petition  shall  be  filed  with  the-  clerk  of  such  court  not  less 
than  thirty  days  prior  to  the  date  of  the  hearing  thereon,  and  shall  con- 
tain a  statement  of  all  the  facts  in  the  case  together  with  the  names  and 
post  office  addresses  of  all  the  heirs,  devisees  and  legatees  of  the  decedent, 
if  known,  and  if  unknown  the  petition  shall  so  state,  and  shall  be  veri- 
fied under  oath  by  the  petitioner.  Upon  application,  the  court  shall  set 
the  same  for  hearing  without  reference  to  terms  of  court  but  not  less 
than  thirty  days  after  application  is  made  and  shall  endorse  upon  the 
petition  the  date  of  the  hearing.  Not  less  than  twenty  days  prior  to 
the  date  of  the  hearing  on  said  petition  such  clerk  shall  mail  copies 
thereof  showing  the  date  fixed  by  the  court  for  hearing  the  same,  to 
each  of  the  parties  mentioned  in  said  petition.  If  the  post  office  ad- 
dress of  any  of  such  parties  is  not  given  in  said  petition  then  publication 
of  the  pendency  of  such  petition  shall  be  made  for  at  least  three  suc- 
cessive weeks  prior  to  the  date  of  the  hearing  thereon  in  a  newspaper 
of  general  circulation  published  in  the  county  where  such  hearing  is  to 
be  had,  which  notice  shall  contain  the  name  of  the  decedent,  the  heirs 
at  law,  legatees  and  devisees,  when  known,  and  the  name  of  the  person 
claiming  under  said  contract  or  bond  for  a  deed,  and  the  time  and 
place  of  such  hearing.  If  any  one  or  more  of  the  heirs,  devisees  or  lega- 
tees being  of  legal  age  and  under  no  disability,  shall  enter  his  or  their 
appearance  it  shall  not  be  necessary  to  mail  a  copy  or  copies  of  said 
petition  to  him  or  them.  If  any  one  or  more  of  the  heirs,  legatees  or 
devisees  shall  be  minors  the  court  shall  appoint  a  guardian  ad  litem  for 
such  minor  or  minors. 

If  upon  the  hearing  the  court  shall  find  that  a  deed  to  such  real 
estate  should  be  executed  to  the  person  claiming  under  such  contract 
or  bond  for  a  deed  it  shall  order  and  direct  such  administrator  or 
executor  to  execute  the  same  subject  to  such  conditions  as  may  be  just 
and  equitable  to  all  parties  concerned,  which  deed  shall  be  good  and 
sufficient  in  law  to  all  intents  and  purposes. 

If  any  such  administrator  or  executor  shall  fail,  neglect  or  refuse  to 
file  such  petition,  the  court  upon  proper  application  and  showing  may 
enter  an  order  directing  such  administrator  or  executor  to  file  the  same. 

Approved  June  23,  1919. 


ADMINISTRATION"    OF    ESTATES. 


PUBLICATION  OF  NOTICE — COMPENSATION. 

§    1.     Amends    sections    91    and.    95.    Act  §    95.     Compensation, 

of  1872. 

§  91.  Not  less  than  five  days 
notice  in  certain 
cases. 

(House  Bill,  No.   149.     Approved  June  16,  1919.) 

An  Aot  to  amend  sections  91  and  95  of  an  Act  entitled:  "An  Act  in 
regard  to  the  administration  of  estates,"  approved  April  1,  1872,  in 
force  July  1,  1872,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  91  and  95  of  an  Act 
entitled :  "An  Act  in  regard  to  the  administration  of  estates/'  approved 
April  1,  1872,  in  force  July  1,  1872,  as  amended,  are  amended  to  read  as 
follows : 

§  91.  When  it  is  necessary  for  the  proper  administration  of  the 
estate,  the  executor  or  administrator  shall,  as  soon  as  convenient,  after 
making  the  inventory  and  appraisement,  sell  at  public  sale  all  the  per- 
sonal property,  goods  and  chattels  of  the  decedent,  when  ordered  to  do 
so  by  the  County  Court,  (not  reserved  to  the  widow,  or  included  in 
specific  legacies  and  bequests,  when  the  sale  of  such  legacies  and  bequests 
is  not  necessary  to  pay  debts, )  upon  giving  three  weeks'  notice  of  the  time 
and  place  of  such  sale,  by  at  least  four  advertisements,  set  up  in  the  most 
public  places  in  the  county  where  the  sale  is  to  be  made,  or  by  inserting 
an  advertisement  in  some  newspaper  published  in  the  county  where  the 
sale  is  to  be  made,  at  least  four  weeks  successively  previous  thereto. 
The  sale  may  be  upon  a  credit  of  not  less  than  six  nor  more  than 
twelve  months  time,  by  taking  note  with  good  security  of  the  purchasers 
at  such  sale.  The  sale  may  be  for  all  cash,  or  part  cash  and  part  on 
time:  Provided,  that  any  part  or  all  of  such  personal  property  may, 
where  so  directed  by  the  court,  be  sold  at  private  sale:  Provided, 
further,  that  when  the  County  Court  finds  that  it  is  for  the  best  interests 
of  the  estate  that  the  personal  property,  or  any  portion  thereof,  should 
be  sold  without  delay,  said  court  may  order  that  such  personal  property 
shall  be  sold  at  public  auction  on  not  less  than  five  days  notice  of  the 
time  and  place  of  such  sale,  such  notice  to  be  posted  in  four  of  the  most 
public  places  in  the  county  where  the  sale  is  to  be  had. 

§  95.  In  all  public  sales  of  such  property,  tht  executor  or  admin- 
istrator may  employ  necessary  clerks,  who  shall  receive  such  compen- 
sation as  the  court  may  deem  reasonable  for  their  services,  not  exceeding 
five  dollars  per  day,  and  also  a  crier  or  auctioneer  who  shall  receive  such 
compensation  as  the  court  may  deem  reasonable,  not  exceeding  twenty- 
five  dollars  per  day.  to  be  paid  by  such  executor  or  administrator  and 
charged  to  the  estate. 

Approved  June  16,  1919. 


ADMINISTRATION    OF   STATE   GOVERNMENT. 


ADMINISTRATION  OF  STATE  GOVERNMENT. 


CIVIL  ADMINISTRATIVE   CODE. 

§   1.     Amends    sections    6    and    63,    Act  §63.     Defines    duties    of 

of    1917.  boards    therein 

named. 
§      6.     Creates     advisory    and 
non-executive  boards. 

(Senate  Bill  No.  343.     Approved  June  10,  1919.) 

An  Act  to  amend  sections  6  and  63  of  an  Act  entitled,  "An  Act  in 
relation  to  the  civil  administration  of  the  State  government,  and  to 
repeal  certain  Acts  therein  named''  approved  March  7th,  1911 ,  in  force 
July  1,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  6  and  63  of  an  Act 
entitled,  "An  Act  in  relation  to  the  civil  administration  of  the  State 
government,  and  to  repeal  certain  Acts  therein  named/'  are  amended  to 
read  as  follows : 

§  6.  Advisory  and  non-executive  boards,  in  the  respective  depart- 
ments, are  created  as  follows: 

In  the  Department  of  Agriculture  : 

A  board  of  Agricultural  Advisors,  composed  of  fifteen  persons,  and 
a  board  of  State  Fair  Advisors  consisting  of  nine  persons,  not  more 
than  three  of  whom  shall  be  appointed  from  any  one  county. 

In  the  Department  of  Labor: 

A  board  of  Illinois  Free  Employment  Office  Advisors,  composed  of 
five  persons; 

A  board  of  local  Illinois  Free  Employment  Office  Advisors,  for  each 
free  employment  office,  composed  of  five  persons  on  each  local  board. 

In  the  Department  of  Public  Works  : 

A  board  of  Art  Advisors,  composed  of  eight  persons; 

A  board  of  Water  Resource  Advisors,  composed  of  five  persons; 

A  board  of  Highway  Advisors,  composed  of  five  persons; 

A  board  of  Park  and  Buildings  Advisors,  composed  of  five  persons. 

In  the  Department  of  Public  Welfare: 
A  board  of  Public  Welfare  Commissioners,  composed  of  five  persons. 

In  the  Department  of  Public  Health: 
A  board  of  Public  Health  Advisors,  composed  of  five  persons. 


ADMINISTRATION   OF   STATE  GOVERNMENT. 


In  the  Department  of  Eegistration  and  Education  : 

A  board  of  Natural  Resources  and  Conservative  [Conservation] 
Advisors,  composed  of  seven  persons; 

A  board  of  State  Museum  Advisors,  composed  of  five  persons; 

The  Immigrants  Commission,  composed  of  five  members,  one  of 
whom  shall  be  the  Director  of  the  Department  of  Registration  and 
Education. 

The  members  of  each  of  the  above  named  boards  shall  be  officers. 

§  63.  The  board  of  Natural  Resources  and  Conservation,  acting 
through  five  or  more  subcommittees  each  of  which  shall-  be  composed 
of  the  Director  of  Registration  and  Education,  the  President  of  the  Uni- 
versity of  Illinois,  or  his  representative,  and  the  expert  adviser  [ad- 
visor] specially  qualified  in  each  of  the  fields  of  investigation,  shall : 

1.  Consider  and  decide  all  matters  pertaining  to  natural  history, 
geology,  water  and  water  resources,  forestry,  and  allied  research,  investi- 
gational and  scientific  work; 

2.  Select  and  appoint,  without  reference  to  the  State  Civil  Service 
Law,  members  of  the  scientific  staff,  prosecuting  and  research,  investiga- 
tional and  scientific  work; 

3.  Co-operate  with  the  University  of  Illinois  in  the  use  of  scien- 
tific staff  and  equipment; 

4.  Co-operate  with  the  various  departments  in  research,  investi- 
gational and  scientific  work  useful  in  the  prosecution  of  the  work  in 
any  department. 

The  Board  of  State  Museum  Advisors  shall  advise  the  Director  of 
Education  and  Registration  in  all  matters  pertaining  to  maintenance, 
extension  and  usefulness  of  the  State  museum. 

The  Immigrants   Commission  shall : 

1.  Make  a  survey  of  the  immigrant,  alien  born  and  foreign  speak- 
ing people  of  the  State,  and  of  their  distribution,  conditions  of  employ- 
ment, and  standards  of  housing  and  living; 

2.  Examine  into  their  economic,  financial  and  legal  customs,  their 
provisions  for  insurance  and  other  prudential  arrangements,  their  social 
organization,  and  their  educational  needs;  keeping  in  friendly  and 
sjmipathetic  touch  with  alien  groups  and  co-operating  with  State  and 
local  officials,  and  with  immigrant  or  related  authorities  of  other  states 
and  of  the  United  States. 

Approved  June  10,  1919. 


ADMINISTRATION    OF   STATE   GOVERNMENT. 


CIVIL  ADMINISTRATIVE  CODE— STATE  TAX  COMMISSION. 

§    1.     Amends  sections  5,  9  and  13  ;  adds  §    13.     Term   of   office, 

section    39a,   Act   of    1917. 

§  39a.  State  Tax   Commissio  > 
§      5.     Creates    offices    names.  to    discharge    al 

duties      with      refer- 
§      9.     Salaries.  ence     to     assessment 

of  property. 

(Senate  Bill  No.  367.     Approved  June  19,  1919.) 

An  Act  to  amend  sections  5,  9,  and  13  of  an  Act  entitled,  .'An  Act  in 
relation  to  the  civil  administration  of  the  State  government,  and  to 
repeal  certain  Acts  therein  named,'  approved  March  7,  1917,  in  force 
July  1,  1917,  and  to  add  thereto  a  new  section  to  be  known  as  section 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  5,  9,  and  13  of  an  Act 
entitled,  "An  Act  in  relation  to  the  civil  administration  of  the  State 
government,  and  to  repeal  certain  Acts  therein  named,"  approved 
March  7,  1917,  in  force  July  1,  1917,  are  amended,  and  there  is  added 
to  said  Act  a  new  section  to  be  known  as  section  39-a,  which  said  sections 
as  amended,  and  which  said  new  section  shall  read  as  follow : 

§  5.  In  addition  to  the  Directors  of  Departments,  the  following 
executive  and  administrative  officers,  boards  and  commissions,  which 
said  officers,  boards  and  commissions  in  the  respective  departments,  shall 
hold  offices  hereby  created  and  designated  as  follows : 

In  the  Department  of  Finance: 

Assistant  Director  of  Finance; 
Administrative  Auditor ; 
Superintendent  of  Budget; 
Superintendent  of  Department  Eeports; 
Statistician 

The  Tax  Commission,  which  shall  consist  of  three  officers  des- 
ignated as  Tax  Commissioners. 

In  the  Department  of  Agriculture: 

Assistant  Director  of  Agriculture; 

General  Manager  of  the    State  Fair; 

Superintendent  of  Food  and  Dairies; 

Superintendent  of  Animal  Industry; 

Superintendent  of  Plant  Industry ; 

Chief  Veterinarian; 

Chief  Game  and  Fish  Warden; 

The  Food  Standard  Commission,  which  shall  consist  of  the  Superin- 
tendent of  Foods  and  Dairies  and  two  officers  designated  as  Food  Stand- 
ard officers. 

In  the  Department  of  Labor: 

Assistant  Director  of  Labor; 
Chief  Factory  Inspector; 


10  ADMINISTRATION    OF    STATE   GOVERNMENT. 


Superintendent  of  Free  Employment  Offices; 
Chief  Inspector  of  Private  Employment  Agencies; 
The  Industrial  Commission,  which  shall  consist  of  five  officers  desig- 
nated as  Industrial  Officers. 

In  the  Department  of  Mines  and  Minerals: 

Assistant  Director  of  Mines  and  Minerals; 

The  Mining  Board,  which  shall  consist  of  four  officers  designated 
as  Mine  Officers  and  the  Director  of  the  Department  of  Mines  and  Min- 
erals ; 

The  Miners'  Examining  Board,  which  shall  consist  of  four  officers, 
designated  Miners'  Examining  Officers. 

In  the  Department  of  Public  Works  and  Buildings: 

Assistant  Director  of  Public  Works  and  Building; 

Superintendent  of  Highways; 

Chief  Highway  Engineer; 

Supervising  Architect ; 

Supervising   Engineer ; 

Superintendent  of  Waterways; 

Superintendent  of  Printing; 

Superintendent  of  Purchases  and  Supplies; 

Superintendent    of    Parks. 

In  the  Department  of  Public  Welfare  : 

Assistant  Director  of  Public  Welfare; 
Alienist ; 
Criminologist ; 
Fiscal  Supervisor; 
Superintendent  of  Charities ; 
Superintendent  of  Prisons ; 
Superintendent  of  Pardons  and  Paroles. 

In  the  Department  of  Public  Health  : 

Assistant  Director  of  Public  Health; 
Superintendent  of  Lodging  House  Inspection. 

In  the  Department  of  Trade  and  Commerce  : 

Assistant  Director  of  Trade  and  Commerce; 
Superintendent  of  Insurance; 
Fire  Marshal; 

Superintendent  of  Standards; 
Cheif  Grain  Inspector; 

The  Public  Utilities  Commission,  which  shall  consist  of  five  officers, 
designated  Public  Utility  Commissioners; 

Secretarv  of  the  Public  Utilities  Commission. 


ADMINISTRATION   OF   STATE   GOVERNMENT.  11 


In  the  Department  of  Eegistration  and  Education  : 

Assistant  Director  of  Eegistration  and  Education; 

Superintendent  of  Eegistration; 

The  Normal  School  Board,  which  shall  consist  of  nine  officers,  to- 
gether with  the  Director  of  the  Department  and  the  Superintendent  of 
Public  Instruction. 

The  above  named  officers,  and  each  of  them,  shall,  except  as  other- 
wise provided  in  this  Act,  be  under  the  direction,  supervision  and  con- 
trol of  the  Director  of  their  respective  departments,  and  shall  perform 
such  duties  as  such  Director  shall  prescribe. 

§  9.  The  executive  and  administrative  officers  whose  offices  are 
created  by  this  Act,  shall  receive  annual  salaries,  payable  in  equal 
monthly  installments,  as  follows: 

In  the  Department  of  Finance: 

The  Director  of  Einance  shall  receive  seven  thousand  dollars; 

The  Assistant  Director  of  Finance  shall  receive  forty-two  hundred 
dullars; 

The  Administrative  Auditor  shall  receive  forty-eight  hundred 
dollars ; 

The  Superintendent  of  Budget  shall  receive  three  thousand  six 
hundred  dollars; 

The  Superintendent  of  Department  Beports  shall  receive  thirty-six 
hundred  dollars; 

The  Statistican  [Statistician]  shall  receive  four  thousand  dollars; 

Each  Tax  Commissioner  shall  receive  six  thousand  dollars. 

In  the  Department  of  Agriculture  : 

The  Director  of  Agriculture  shall  receive  six  thousand  dollars; 

The  Assistant  Director  of  Agriculture  shall  receive  thirty-six  hun- 
dred dollars; 

The  General  Manager  of  the  State  Fair  shall  receive  thirty-six 
hundred  dollars; 

The  Superintendent  of  Foods  and  Dairies  shall  receive  forty-eight 
hundred  dollars; 

The  Superintendent  of  Animal  Industry  shall  receive  thirty-six 
hundred  dollars; 

The  Superintendent  of  Plant  Industry  shall  receive  thirty-six  hun- 
dred dollars; 

The  Chief  Veterinarian  shall  receive  forty-two  hundred  dollars; 

The  Chief  Game  and  Fish  Warden  shall  receive  three  thousand  six 
hundred  dollars; 

Each  Food  Standard  Officer  shall  receive  four  hundred  and  fifty 
dollars. 

In  the  Department  of  Labor  : 

The  Director  of  Labor  shall  receive  five  thousand  dollars; 

The  Assistant  Director  of  Labor  shall  receive  three  thousand  dollars; 


12  ADMINISTRATION    OF   STATE   GOVERNMENT. 


The  Chief  Factory  Inspector  shall  receive  three  thousand  dollars; 

The  Superintendent  of  Free  Employment  Offices  shall  receive  three 
thousand  dollars; 

The  Chief  Inspector  of  Private  Employment  Agencies  shall  receive 
three  thousand  dollars; 

Each  Industrial  Officer  shall  receive  five  thousand  dollars. 

In  the  Department  of  Mines  and  Minerals  : 

The  Director  of  Mines  and  Minerals  shall  receive  five  thousand 
dollars ; 

The  Assistant  Director  of  Mines  and  Minerals  shall  receive  three 
thousand  dollars; 

Each  Mine  Officer  shall  receive  five  hundred  dollars; 

Each  Miners'  Examining  Officer  shall  receive  one  thousand  eight 
hundred  dollars. 

In  the  Department  of  Public  Works  and  Buildings: 

The  Director  of  Public  Works  and  Buildings  shall  receive  seven 
thousand  dollars; 

The  Assistant  Director  of  Public  Works  and  Buildings  shall  receive 
four  thousand  dollars; 

The  Superintendent  of  Highways  shall  receive  five  thousand  dol- 
lars; 

The  Chief  Highway  Engineer  shall  receive  five  thousand  dollars; 

The  Supervising  Architect  shall  receive  four  thousand  dollars; 

The  Supervising  Engineer  shall  receive  four  thousand  dollars; 

The  Superintendent  of  Waterways  shall  receive  five  thousand  dol- 
lars; 

The  Superintendent  of  Printing  shall  receive  five  thousand  dollars; 

The  Superintendent  of  Purchases  and  Supplies  shall  receive  five 
thousand  dollars; 

The  Superintendent  of  Parks  shall  receive  twenty-five  hundred 
dollars. 

In  the  Department  of  Public  Welfare: 

The  Director  of  Public  Welfare  shall  receive  seven  thousand  dol- 
lars; 

The  Assistant  Director  of  Public  Welfare  shall  receive  four  thou- 
sand dollars; 

The  Alienist  shall  receive  five  thousand  dollars; 

The  Criminologist  shall  receive  five  thousand  dollars; 

The  Fiscal  Supervisor  shall  receive  five  thousand  dollars ; 

The  Superintendent  of  Charities  shall  receive  five  thousand  dollars; 

The  Superintendent  of  Prisons  shall  receive  five  thousand  dollars; 

The  Superintendent  of  Pardons  and  Paroles  shall  receive  five  thou- 
sand dollars. 


ADMINISTRATION    OF   STATE   GOVERNMENT.  13 


In  the  Department  of  Public  Health  : 

The  Director  of  Public  Health  shall  receive  six  thousand  dollars; 

The  Assistant  Director  of  Public  Health  shall  receive  three  thou- 
sand six  hundred  dollars; 

The  Superintendent  of  Lodging  House  Inspection  shall  receive  three 
thousand  dollars. 

In  the  Department  of  Trade  and  Commerce: 

The  Director  of  Trade  and  Commerce  shall  receive  seven  thousand 
dollars ; 

The  Assistant  Director  of  Trade  and  Commerce  shall  receive  four 
thousand  dollars; 

The  Superintendent  of  Insurance  shall  receive  five  thousand  dol- 
lars ; 

The  Fire  Marshal  shall  receive  three  thousand  dollars; 

The  Superintendent  of  Standards  shall  receive  twenty-five  hundred 
dollars; 

The  Chief  Grain  Inspector  shall  receive  five  thousand  dollars; 

Each  Public  Utility  Commissioner  shall  receive  seven  thousand  dol- 
lars; 

The  Secretary  of  the  Public  Utilities  Commission  shall  receive  four 
thousand  dollars. 

In  the  Department  of  Eegistration  and  Education  : 

The  Director  of  Registration  and  Education  shall  receive  five  thou- 
sand dollars; 

The  Assistant  Director  of  Eegistration  and  Education  shall  receive 
three  thousand  six  hundred  dollars; 

The  Superintendent  of  Eegistration  shall  receive  four  thousand  two 
hundred  dollars. 

§  13.  Each  officer  whose  office  is  created  by  this  Act,  except  as 
otherwise  specifically  provided  for  in  this  Act,  shall  hold  office  for  a 
term  of  four  years  from  the  second  Monday  in  January  next  after  the 
election  of  a  Governor,  and  until  his  successor  is  appointed  and  qualified. 

Three  members  of  the  Normal  School  Board  first  appointed  shall 
hold  office  until  the  second  Monday  in  January,  A.  D.  1919,  three  until 
the  second  Monday  in  January,  A.  D.  1921,  and  three  until  the  second 
Monday  in  January,  A.  D.,  1923.  After  the  expiration  of  the  terms  of 
office  of  those  first  appointed,  their  respective  successors  shall  hold  office 
for  a  term  of  six  years. 

Of  the  Tax  Commissioners  first  appointed  one  shall  be  appointed 
for  a  term  of  six  years,  one  for  a  term  of  four  years,  and  one  for  a  term 
of  two  years,  from  the  first  day  of  July,  A.  D.,  1919.  Thereafter  as 
the  respective  terms  of  office  expire  their  respective  successors  shall  hold 
office  for  a  term  of  six  years. 

§  39-a.  The  State  Tax  Commission  created  by  this  Act  shall,  in 
its  name,  without  any  direction,  supervision  or  control  by  the  Director 
of  Finance,  exercise  and  discharge  all  duties  now  or  hereafter  imposed 
by  law  on  it  with  reference  to  the  assessment  of  property  for  taxation. 


14  AGRICULTURE. 


All  clerical  and  administrative  functions  pertaining  to  the  business  of 
the  Tax  Commission  shall  be  discharged  by  the  Director  of  Finance  who 
shall,  for  that  purpose,  act  as  its  secretary  and  executive  officer. 
Approved  June  19,  1919. 


AGKICULTUKE. 


COLLECTION  OF  STATISTICS. 

§   1.     Who  shall   collect  and   tabulate.  §   3.     When  information  to  be  delivered 

— to  whom. 
§   2.     Who    shall    furnish    blanks — pre- 
scribe form.  §   4.     Emergency. 

(Senate  Bill,  No.  122.     Approved  June  28,  1919.) 

An  Act  in  relation  to  the  collection  of  agricultural  statistics. 

Section  l.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  It  shall  be  the  duty  of  each 
assessor  and  deputy  assessor,  at  the  time  provided  by  law  for  the  assess- 
ment of  property,  to  collect  and  tabulate  such  agricultural  informa- 
tion and  statistics  as  may.be  required  by  the  Department  of  Agriculture. 

§  2.  Such  agricultural  information  and  statistics  shall  be  tabu- 
lated upon  blanks  furnished  •  by  the  county  clerk  of  each  county  and 
by  him  delivered  to  the  assessors  and  deputy  assessors  in  his  county: 
Provided  that  the  Department  of  Agriculture  shall  prescribe  the  form 
of  such  blanks. 

§  3.  These  blanks,  properly  filled  out,  shall  be  delivered  by  the 
assessors  and  deputy  assessors  to  the  county  clerk  of  each  county,  not 
later  than  ten  (10)  days  after  the  completion  of  the  assessment  of 
property,  as  provided  by  law.  Not  later  than  ten  (10)  days  after  the 
receipt  of  the  blanks  prepared  by  the  assessors  and  deputy  assessors, 
each  county  clerk  shall  forward  these  blanks  to  the  Department  of 
Agriculture. 

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

Approved  June  28,  1919. 


COMMISSION  MERCHANTS — REGULATION. 

§   1.     Terms   defined.  §   6.     Action   subject  to  review. 

§   2.     To    be    licensed — application — fee.        §   7.     Commission      merchant      to      keep 

record  of  produce. 
§   3.     Applicant    to    give    bond — amount 

— who   may  bring   action.  §   8.     Penalty     for     non-compliance     of 

law. 
§   4.      Investigation — notice     of     hearing 

on    complaints.  §   9.     Repeal. 

§   5.     When   license   may   be   refused    or 
revoked. 

(House  Bill  No.    62.     Approved  June   28,    1919.) 

An  Act  to  regulate  the  consignment  and  sale  on  commission  of  farm 
produce,  and  to  repeal  an  Act  therein  named. 
Section  1.     Be  it  enacted  by  the  People  of  tlie  State  of  Illinois, 
represented  in  the   General  Assembly:     (a)      That  the  term  commis- 


AGRICULTURE.  15 


sion  merchant  shall  include  every  person,  firm,  exchange,  association  and 
corporation  licensed  under  this  Act  to  receive,  sell  or  offer  for  sale  on 
commission,  within  this  State,  any  kind  of  farm  produce;  except  where 
such  farm  produce  is  sold  for  consumption  and  not  for  resale.  This  Act 
shall  not  apply  to  the  sale  of  farm  produce  at  public  auction  by  a  duly 
licensed  and  bonded  auctioneer,  acting  as  the  agent  of  another  to  whom 
such  farm  produce  shall  have  been  consigned;  nor  shall  this  Act  apply 
to  seeds  sold  at  retail;  nor  shall  this  Act  apply  to  grains  and  seeds 
which  are  classified  into  grades  by  any  governmental  or  State  Depart- 
ment duly  created  by  any  law  of  the  State  of  Illinois  or  of  the  United 
States. 

(b)  The  term  "Farm  Produce"  shall  include  all  agricultural, 
horticultural,  floricultural,  vegetable  and  fruit  products  of  the  soil,  and 
poultry,  wool,  feathers,  fur,  hides,  eggs,  dairy  products,  nuts  and  honey, 
but  shall  not  include  timber  products,  tea  or  coffee. 

(c)  The  word  "Director"  when  used  herein  shall  have  reference 
to  the  Director  of  Agriculture. 

§  2.  On  and  after  August  first,  Nineteen  Hundred  and  Nineteen, 
no  person,  firm,  exchange,  association  or  corporation,  shall  receive,  sell 
or  offer  for  sale,  or  solicit  consignments  or  shipments  for  sale  on  com- 
mission within  this  State,  any  kind  of  farm  produce,  without  a  license 
as  provided  in  this  Act.  Every  person,  firm,  exchange,  association  and 
corporation  in  this  State  receiving  farm  produce  for  sale  on  commission 
shall,  annually,  on  or  before  June  1st,  file  an  application  with  the 
Director  of  Agriculture  for  a  license  to  do  a  commission  business  in 
farm  produce.  Such  applicant  shall  state  the  kind  or  kinds  of  farm 
produce  which  the  applicant  proposes  to  handle,  the  full  name  of  the 
person,  firm,  exchange,  association  or  corporation  applying  for  such  a 
license,  and  if  the  applicant  be  a  firm,  exchange,  corporation  or  asso- 
ciation, the  full  name  of  each  member  of  the  firm,  or  the  names  of  the 
officers  of  the  exchange,  association  or  corporation,  and  the  name  of  the 
local  agent  of  the  exchange  or  association,  and  the  city,  town  or  village 
and  street  number  at  which  the  business  is  to  be  conducted.  Such 
applicant  shall  further  satisfy  the  Director  of  his  or  its  character,  re- 
sponsibility and  good  faith  in  seeking  to  carry  on  a  commission  business. 
The  Director  shall  thereupon  issue  to  such  applicant,  on  payment  of  ten 
($10)  dollars  and  the  execution  and  delivery  of  a  bond  as  herein- 
after provided,  a  license  entitling  the  applicant  to  conduct  the  business 
of  receiving  and  selling  farm  produce  on  commission  at  the  place  named 
in  the  application  until  the  first  day  of  July  of  the  year  next  following. 
Separate  licenses  and  bonds  shall  be  required  for  each  location  at  which 
business  is  to  be  conducted;  and  such  license  shall  be  kept  posted  in  the 
office  of  such  licensee. 

§  3.  Before  any  such  license  shall  be  issued  every  applicant  shall 
execute  and  deliver  to  the  Director  of  Agriculture  an  indemnity  bond  for 
two  thousand  ($2,000)  dollars  and  with  sureties  satisfactory  to  the 
said  Director.  All  bonds  to  be  of  a  standard  form  as  to  terms  and  con- 
ditions, approved  by  the  Director,  and  to  secure  an  honest  accounting 
and  handling  of  produce  received  and  for  the  payment  to  the  consignor 
of  all  moneys  or  things  of  value  received  for  goods  consigned  to  such 


16  AGRICULTURE. 


licensee  for  sale  and  to  secure  consignor  against  all  fraudulent  acts  of 
said  licensee  in  the  sale  or  the  handling  of  the  goods  of  consignor.  And 
the  Director  may  bring  an  action  in  any  court  of  competent  jurisdiction 
in  the  county  in  which  is  situated  the  place  of  business  of  the  licensee  to 
recover  payment  for  goods  sold  on  commission  and  not  paid  to  con- 
signor, or  not  honestly  accounted  for,  and  for  damages  sustained  by 
consignors  by  reason  of  such  fraudulent  acts  and  wrongful  handling  and 
if  such  licensee  has  become  liable  to  more  than  one  consignor  and  the 
amount  of  the  bond  is  insufficient  to  pay  the  entire  liability  the  con- 
signors shall  be  compensated  in  proportion  to  their  several  claims,  the 
said  sums  when  collected  to  be  promptly  paid  over  to  the  parties  entitled 
thereto. 

§  4.  The  Director  of  Agriculture  or  his  assistants  shall  have  power 
to  investigate,  upon  the  verified  complaint  of  an  interested  person,  also 
to  make  an  investigation  irrespective  of  whether  or  not  a  complaint  is 
filed,  the  record  of  any  person,  firm,  exchange,  corporation  or  associa- 
tion applying  for  a  license,  or  any  transaction  involving  the  solicita- 
tion, receipt,  sale  or  attempted  sale  of  farm  produce  on  a  commission 
basis,  the  failure  to  make  proper  and  true  accounts  and  settlements  at 
prompt  and  regular  intervals,  the  making  of  false  statements  as  to  con- 
dition, quality  or  quantity  of  goods  received  or  while  in  storage,  the 
making  of  false  statements  as  to  market  conditions,  with  intent  to 
deceive,  or  the  failure  to  make  payment  for  goods  received  or  other 
alleged  injurious  transactions;  and  for  such  purpose  may  examine  at 
the  place  of  business  of  the  licensee,  that  portion  of  the  ledgers,  books 
of  account,  memoranda  or  other  documents,  relating  to  the  transactions 
involved,  of  any  commission  merchant,  and  may  take  testimony  therein 
under  oath. 

When  a  consignor  of  farm  produce  fails  to  obtain  honest  accounting 
in  any  transaction  after  having  notified  the  consignee,  a  verified  com- 
plaint may  be  filed  at  the  expiration  of  ten  (10)  days  after  such  notifi- 
cation with  the  Director.  The  Director  shall  attempt  to  secure  an 
explanation  or  adjustment;  failing  this,  within  seven  days  he  shall 
cause  a  copy  thereof,  together  with  a  notice  of  a  time  and  place  for.  a 
hearing  on  such  complaint,  to  be  served  personally  or  by  mail  upon  such 
commission  merchant.  Such  service  shall  be  made  at  least  seven  days 
before  the  hearing,  which  shall' be  held  in  the  city,  village  or  township 
in  which  is  situated  the  place  of  business  of  the  licensee.  At  the  time 
and  place  appointed  for  such  hearing,  the  Director  or  his  assistants 
shall  hear  the  parties  to  such  complaint,  shall  have  power  to  administer 
an  oath,  and  shall  enter  in  the  office  of  the  Director  at  Springfield  a 
decision  either  dismissing  such  complaint  or  specifying  the  facts  which 
he  deems  established  on  such  hearing,  and  in  case  such  facts  are  estab- 
lished as  cause  him  to  revoke  such  license,  he  shall  bring  an  action  on 
the  bond  within  sixty  days  of  the  filing  of  such  decision. 

§  5.  The  Director  may  decline  to  grant  a  license  or  may  revoke 
a  license  already  granted  where  he  is  satisfied  of  the  existence  of  the 
following  cases  or  any  of  them. 


AGRICULTURE.  17 


(a)  Where  false  charges  have  been  imposed  for  handling  or 
services  rendered. 

(b)  Where  there  has  been  a  failure  to  account  promptly  and 
properly  or  to  make  settlements,  with  intent  to  defraud. 

(c)  Where  there  have  been  false  statements  as  to  condition, 
quality  or  quantity  of  goods  received  or  held  for  sale  on  commission 
when  the  same  might  be  known  on  reasonable  inspection. 

(d)  Where  there  has  been  false  or  misleading  statement  or  state- 
ments as  to  market  conditions  with  intent  to  deceive. 

(e)  Where  there  has  been  a  combination  or  combinations  to  fix 
prices. 

(f)  Where  the  commission  merchant  directly  or  indirectly  pur- 
chases the  goods  for  his  own  account  without  prior  authority  therefor 
or  without  notifying  the  consignor  thereof. 

(g)  Where  the  commission  merchant  is  in  bankruptcy  or  in  in- 
solvency, or  where  the  Director  has  reason  to  believe  that  bankruptcy 
or  insolvency  may  shortly  occur. 

(h)  Where  there  has  been  a  continued  course  of  dealing  of  such 
a  nature  as  to  satisfy  the  Director  of  the  inability  to  properly  conduct 
the  business  of  commission  merchant,  or  of  the  intent  to  deceive  or 
defraud  shippers. 

(i)  Where  a  licensee  has  been  guilty  of  fraud  or  deception  in 
obtaining  his  license. 

(j)  Where  the  licensee  neglects  to  file  a  new  bond  when  notified 
by  the  Director  that  the  bond  already  filed  is  unsatisfactory. 

§  6.  The  action  of  the  Director  in  refusing  to  grant  a  license,  or  in 
revoking  a  license  granted  under  this  Act,  shall  be  subject  to  review 
by  a  writ  of  certiorari,  and  if  such  proceedings  are  begun,  until  the 
final  determination  of  the  proceedings  and  all  appeals  therefrom,  the 
license  of  such  commission  merchant  shall  be  deemed  to  be  in  full  force 
and  effect,  provided  the  fees  for  such  license  shall  have  been  paid  and 
a  bond  given  as  herein  required. 

§  7.  Every  commission  merchant  shall,  upon  the  receipt  of  farm 
produce,  and  as  he  handles  and  disposes  of  the  same,  make  a  record 
thereof,  specifying  the  name  and  address  of  the  consignor,  the  date  of 
receipt,  the  kind  and  the  quantity  of  such  produce,  the  condition  of  the 
goods  upon  receipt  by  licensee,  the  amount  of  goods  sold,  the  date  of 
sale,  the  name  and  address  of  the  person  to  whom  the  goods  are  sold, 
his  license  number  where  the  same  can  be  secured  with  reasonable  dili- 
gence, the  price  received  and  the  items  of  expense  connected  therewith ; 
and  a  memorandum  of  this  record  except  as  to  the  names  and  addresses 
of  purchasers  of  such  goods,  together  with  payment  in  settlement  for 
such  shipment,  shall  be  mailed  to  the  consignor  within  forty-eight  hours 
unless  otherwise  agreed.  The  commission  merchant  shall  retain  the 
foregoing  record  for  a  period  of  six  months  and  the  same  shall  be  open 
to  the  inspection  of  the  Director  or  his  agents.  The  burden  of  proof 
shall  be  upon  the  commission  merchant  to  prove  the  correctness  of  his 
records  as  to  any  transactions  which  may  be  questioned. 

—2  L 


18  AGEICULTUEE. 


§  8.  Any  person,  firm,  exchange,  association  or  corporation  who 
shall  receive  or  offer  to  receive,  sell,  or  offer  to  sell  on  commission  within 
this  State  any  kind  of  farm  produce  without  a  license  except  as  in  this 
Act  permitted  and  any  person  who  being  a  commission  merchant  in 
farm  produce  shall  (a)  impose  false  charges  for  handling  or  services  in 
connection  with  farm  produce,  or  (b)  fails  to  account  for  such  farm 
produce  promptly  and  properly  and  to  make  settlements  thereof,  with 
intent  to  defraud,  or  (c)  shall  make  false  or  misleading  statement  or 
statements  as  to  market  conditions  with  intent  to  deceive,  or,  (d)  enter 
into  any  combination  or  combinations  to  fix  prices,  or  (e)  directly  or 
indirectly  purchases  for  his  or  its  own  account,  goods  received  by  him' 
or  it  upon  consignment  without  prior  authority  therefor  from  the  con- 
signor, or  shall  fail  to  promptly  notify  the.  consignor  of  such  purchase 
on  his  or  its  own  account,  or  (f )  any  person  handling,  shipping  or  selling 
farm  produce  who  shall  make  false  statements  as  to  grade,  condition, 
markings,  quality  or  quantity  of  goods  shipped,  or  packed  in  any  man- 
ner, with  intent  to  deceive,  or  (g)  shall  fail  to  comply  in  every  respect 
herewith,  or  (h)  shall  advertise  or  hold  one's  self  out  as  a  commission 
merchant  in  farm  produce  without  a  license,  shall  be  guilty  of  a  mis- 
demeanor, and  punished  by  a  fine  of  not  less  than  twenty-five  ($25.00) 
dollars  nor  more  than  five  hundred  ($500.00)  dollars. 

§  9.  That  an  Act  entitled,  "An  Act  to  regulate  the  shipping,  con- 
signment and  sale  of  produce,  fruits,  vegetables,  butter,  eggs,  poultry,  or 
other  products  or  property,  and  to  license  and  regulate  commission 
merchants  and  to  create  a  board  of  inspectors  and  to  prescribe  its  powers 
and  duties,"  approved  and  in  force  April  24,  1899,  is  hereby  repealed. 

Approved  June  28,  1919. 


FARM  SEEDS. 

§    1.      Seeds   specified.  §    6.     Department      of      Agriculture      to 

analyze. 
§   2.     Noxious  weeds — term  defined. 

§.  7.     Charge   for   analysis. 
§    3.     Sale — regulations. 

§    8.     Exemptions. 
§   4.     Noxious     weeds  —  proportion 

allowed.  §    8a.   Foreign   substances   prohibited. 

§   5.     Seed  corn — sale  regulated.  §   9.     Penalty. 

(House  Bill  No.    476.     Approved  June   28,    1919.) 

An  Act  in  relation  to  the  sale  of  farm  seeds. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  none  of  the  following  named 
farm  seeds  shall  be  sold  or  offered  for  sale  within  this  State  for  seeding 
purposes,  except  under  the  conditions  hereinafter  provided :  red  clover, 
mammoth  clover,  white  clover,  alsike  clover,  sweet  clover,  alfalfa, 
timothy,  Kentucky  blue  grass,  brome  grass,  orchard  grass,  red  top, 
meadow  fescue,  oat  grass,  rye  grass,  vetch,  rape,  corn  and  millets. 

§  2.  The  term  noxious  Aveeds  as  used  in  this  Act  shall  mean  the 
following  weeds:  buckhorn  (Plantage  Lanceolata)  ;  field  sorrel  (Eumex 
Acetosella)  ;  Canada  thistle  (Omicus  arvensis)  ;  quack  grass  (Agropyron 


AGRICULTURE.  19 


repens)  ;  curled  dock  (Rumex  Crispus)  ;  ox-eye  daisy  (Chrysanthemum 
leucantliemum) ;  clover  and  alfalfa  dodder  (Cuscata  Epithymum)  ;  field 
dodder  (Cuscuta  arvensis)  ;  corn  cockle  (Lychnis  githago)  ;  wild  carrot 
(Daucus  carota). 

§  3.  Seeds  of  any  of  the  varities  named  in  section  1  of  this  Act, 
except  seed  corn,  sold  or  offered  for  sale  in  lots  or  packages  exceeding 
one  pound  in  weight  for  seeding  purposes  within  the  State  of  Illinois 
shall  have  attached  thereto  a  label  or  tag  on  which  is  plainly  written  or 
printed  in  the  English  language,  the  following : 

(a).     The  commonly  accepted  name  of  the  agricultural  seed. 

(b).  The  full  name  and  address  of  the  vendor  so  selling  or  offering 
same  for  sale. 

(c).  A  statement  plainly  written  or  printed  in  English,  giving  the 
common  names  of  the  noxious  weeds  specified  in  section  2  of  this  Act, 
which  are  present  in  greater  numbers  than  1  to  5,000  of  the  farm  seeds 
sold  or  offered  for  sale;  that  such  seed  does  not  contain  seeds  of  any  one 
or  more  of  the  following  noxious  weeds  in  greater  number  in  the 
aggregate  than  1  to  1,000  of  the  seeds  so  sold  or  offered  for  sale : 
Canada  thistle,  quack  grass,  clover  dodder,  alfalfa  dodder,  field  dodder, 
wild  mustard,  or  wild  carrot;  and  that  such  seed  does  not  contain  seeds 
of  one  or  more  of  the  following  noxious  weeds  in  greater  number  in 
the  aggregate  than  1  to  500  of  the  seed  so  sold  or  offered  for  sale:  buk- 
horn,  field  sorrel,  curled  dock,  ox-e}'e  daisy,  or  corn  cockle. 

(d).  The  percentage  by  weight  of  inert  matter,  also  the  percent- 
age by  weight  of  all  weed  seeds  other  than  those  mentioned  in  section  2. 

(e).  Where  the  seed  offered  for  sale  is  a  mixture  of  one  or  more 
varieties  or  kinds,  that  fact  shall  be  so  stated,  together  with  the  per- 
centage by  weight  of  each  seed  included  in  the  mixture,  where  such 
seed  constitutes  more  than  five  per  cent  by  weight  of  the  entire  lot  or 
package. 

§  4.  No  farm  seeds  shall  be  sold  or  offered  for  sale  for  seeding  pur- 
poses within  the  State  of  Illinois  which  contain  the  seeds  of  one  or  more 
of  the  following  noxious  weeds  in  greater  numbers  in  the  aggregate  than 
the  proportion  of  1  to  1,000 ;  Canada  thistle,  quack  grass,  clover  dodder, 
alfalfa  dodder,  field  dodder,  wild  mustard,  or  wild  carrot. 

No  farm  seeds  shall  be  sold  or  offered  for  sale  for  seeding  purposes 
within  the  State  of  Illinois  which  contain  the  seeds  of  one  or  more  of  the 
following  noxious  weeds  in  greater  number  in  the  aggregate  than  the 
proportion  of  1  to  500;  buckhorn,  field  sorrel,  curled  dock,  ox-eye  daisy, 
or  corn  cockle. 

§  5.  Seed  corn  sold  or  offered  for  sale  in  lots  exceeding  10  pounds 
in  weight  for  seeding  purposes  within  the  State  of  Illinois,  shall  have  at-' 
tached  thereto  a  label  or  tag  on  which  is  plainly  written  or  printed  in  the 
English  language  the  following: 

(a).  The  full  name  and  address  of  the  vendor  so  selling  or  offering 
same  for  sale. 

(b).     The  commonly  accepted  name  of  the  variety  thereof. 


20  AGRICULTURE. 


(c).  The  name  of  the  county  and  the  state  where  grown,  and  the 
year  in  which  said  seed  corn  was  grown :  Provided,  however,  that  in  case 
such  facts  are  not  known,  the  label  or  tag  shall  so  state. 

§  6.  The  Department  of  Agriculture  of  the  State  of  Illinois  shall 
analyze  and  test  samples  of  seed  forwarded  to  it  for  testing  and  shall 
make  reports  to  the  persons  requesting  the  same,  and  shall  make  investi- 
gations and  inspections  and  collect  such  additional  samples  of  seeds  and 
make  such  tests  of  the  same  as  may  be  necessary  for  the  purpose  of  aid- 
ing in  carrying  out  and  enforcing  the  provisions  of  this  Act;  all  in  con- 
formity with  such  rules  and  regulations  as  may  be  formulated  by  said 
Department  of  Agriculture. 

§  7.  The  Department  of  Agriculture  shall  test  without  charge 
samples  of  farm  seeds  which  may  be  sent  to  it  to  be  tested  under  the  pro- 
visions of  this  Act :  Provided,  that  when  more  than  five  samples  are  sub- 
mitted for  testing  by  any  one  individual,  firm  or  corporation  within  a 
year,  a  charge  of  50  cents  shall  be  made  for  each  sample  of  the  clover,  al- 
falfa, timothy,  vetch,  rape  and  millets  in  excess  of  five ;  in  the  case  of  Ken- 
tucky blue  grass,  brome  grass,  orchard  grass,  meadow  fescue,  oat  grass, 
and  rye  grass,  a  charge  of  $1.00  shall  be  made  for  testing  each  sample 
in  excess  of  five.  Samples  of  seed  submitted  to  the  Department  of  Agri- 
culture for  analysis  or  test  shall  be  accompanied  by  tags  identiyfing  the 
same. 

§  8.  Agricultural  seeds  or  mixtures  of  same  shall  be  exempt  from 
the  provisions  of  this  Act: 

(a)  When  sold  to  merchants  or  dealers  to  be  recleaned  before  being 
sold  or  offered  for  sale  for  seeding  purposes. 

(b)  When  in  store  for  the  purpose  of  recleaning  or  not  possessed, 
sold  or  offered  for  sale  for  seeding  purposes  within  the  State. 

§  8a.  It  shall  be  unlawful  for  any  person,  firm,  corporation  or  asso- 
ciation to  sell,  or  to  dispose  of,  for  money,  merchandise  or  other  property 
or  thing  of  value,  or  to  have  in  his  or  its  possession  with  intent  so  to  sell  or 
dispose  of  for  money,  or  other  property  or  thing  of  value,  any  farm  seed, 
whether  named  in  this  Act  or  not,  artificially  loaded  or  weighted  with 
sand,  dirt  or  other  similar  substance  or  substances,  which  will  add  to  the. 
weight  or  quantity  of  any  such  farm  seed. 

§  9.  Any  person,  firm,  association  or  corporation  who  shall,  by  him- 
self, itself,  agent  or  representative,  violate  any  of  provisions  of  this 
Act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  fined  not  less  than  five  dollars  ($5.00)  nor  more  than  one  hundred 
($100.00)   dollars. 

Approved  June  28,  1919. 


AGRICULTURE.  21 


ILLINOIS  FARMERS'   INSTITUTE. 

§    1.     Amends   sections    3,    6    and    9,   Act  §   6.     Organization    and    pow- 

of  1895.  ©rs. 

§   3.     Directors — selection.  §   9.     Directors. 

(House  Bill  No.  554.     Approved  June  28,   1919.) 

An  Act  to  amend  sections  8,  6  and  9  of  an  Act  entitled,  "Am  Act 
creating  the  Illinois  Farmers'  Institute"  approved,  June  21f,  1895,  in 
force  July  1,  1895,  as  subsequently  amended,  by  amending  sections 
3,  6  and  9  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  3,  6  and  9  of  an  Act 
entitled,  "An  Act  creating  the  Illinois  Farmers'  Institute/'  approved 
June  24,  1895,  in  force  July  1,  1895,  as  subsequently  amended,  are 
amended  to  read  as  follows: 

§  3.  The  affairs  of  the  Illinois  Farmers'  Institute  shall  be  managed 
by  a  Board  of  Directors,  consisting  of: 

1.  State  Superintendent  of  Public  Instruction. 

2.  Dean  of  Agriculture,  University  of  Illinois. 

3.  Director  of  State  Department  of  Agriculture. 

4.  President,  of  the  State  Horticultural  Society. 

5.  President  of  the  State  Dairymen's  Association,  and  one  mem- 
ber from  each  congressional  district  of  the  State,  to  be  selected  by  the 
delegates  from  the  district  present  at  the  annual  meeting  of  this  organ- 
ization: Provided,  that  the  members  first  selected  from  the  con- 
gressional districts  of  even  numbers  shall  serve  for  one  year,  and  the 
members  first  selected  from  the  congressional  districts  of  odd  numbers 
shall  serve  for  two  years,  and  the  members  selected  thereafter  to  fill  the 
expired  term  of  office  shall  serve  for  the  period  of  two  years. 

§  G.  The  members  of  each  new  Board  of  Directors  shall  enter  upon 
their"  duties  the  second  Tuesday  after  their  election,  and  hold  their 
offices  for  one  or  two  years,  as  provided  in  section  3,  or  until  their 
successors  are  elected  and  enter  upon  their  duties.  The  Board  of 
Directors  shall  have  power  to  fill  vacancies  in  the  board.  It  shall 
organize  by  the  election  of  a  president,  vice-president,  treasurer  and 
secretary,  who  shall  hold  their  offices  for  one  year,  from  the  date  of  their 
election,  or  until  their  successors  are  elected  and  qualified.  It  shall 
employ  such  superintendents,  speakers  and  clerks  as  may  be  deemed 
proper  for  organizing  and  conducting  the  work  of  the  Illinois  Farmers' 
Institute,  and  provide  for  the  compensation  by  the  rules  of  the  Board 
of  Directors.  The  secretary  and  treasurer  may  be  other  than  members 
of  the  Board  of  Directors. 

§  9.  For  the  purpose  mentioned  in  the  preceding  sections,  said 
Board  of  Directors  may  use  such  sums  as  it  may  deem  proper  and  neces- 
sary, not  exceeding  the  amount  appropriated  therefor  by  the  General 
Assembly  from  the  general  fund,  for  that  purpose:  Provided,  further, 
that  the 

1.  State  Superintendent  of  Public  Instruction. 

2.  Dean  of  Agriculture,  University  of  Ilinois. 

3.  Director  State  Department  of  Agriculture. 


22 


AGIUCULTUEE. 


4.  President  of  the  State  Horticultural  Society. 

5.  President  of  the  State  Dairymen's  Association. 

And  the  present  congressional  representatives  of  the  Illinois  Earn- 
ers' Institute  Association  shall  constitute  the  first  Board  of  Directors 
of  this  organization,  who  shall  have  charge  of  the  affairs  of  the  sane 
until  their  successors  have  been  duly  elected,  and  enter  upon  their  duties 
as  provided  in  this  Act. 

Approved  June  28,  1919. 


INSECT  PESTS  AND  DISEASES. 


§    15. 


§    16. 


§   19. 


Infested  and  infected 
stock  a  nuisance  and 
must  be  freed  from 
pests  and  diseases. 

Provides  for  eradica- 
tion of  such  nuisance. 

Prohibition  of  infested 
and  infected  stock 
into  this  State  and 
and  penalty  therefor. 


§    1.     Amends   sections    6,    8,    10,    13,    15, 
16  and  19,  Act  of  1917. 

§  6.  Department  of  Agri- 
culture to  inspect 
nurseries. 

§  8.  Dealer's  certificate  re- 
quired. 

$  10.  Agent's  certificate  re- 
quired. 

§  13.  Inspection  certificate 
must  appear  on  ship- 
ments. 

(Senate  Bill  No.   243.     Approved  June  28,    1919.) 

An  Act  to  amend  sections  6,  8,  10,  IS,  15,  16  and  19  of  an  Act  entitled, 

"An  Act  to  prevent  the  introduction  into  and  the  dissemination  within 

this  State  of  insect  pests  and  diseases  injurious  to  the  plants  and  plant 

products  of  this  State,"  filed  June  29,  1917,  in  force  July  1,  1917. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly :    Sections  6,  8,  10,  13,  16  and  19 

of  an  Act  entitled,  "An  Act  to  prevent  the  introduction  into  and  the 

dissenination  within  this  State  of  insect  pests  and  disease  injurious  to 

the  plants  and  plant  products  of  this  State"  are  anended  as  follows : 

§  6.  It  shall  be  the  duty  of  the  Department  of  Agriculture  to 
cause  to  be  inspected  at  least  once  each  year  between  July  1  and  Sep- 
tember 15th,  all  nurseries  in  the  State  of  Illinois  as  to  whether  they 
are  infested  by  injurious  insect  pests  or  infested  by  injurious  diseases. 
If  upon  the  inspection  of  any  nursery  as  above  provided  it  shall  appear 
that  such  nursery  and  its  premises  are  apparently  free  from  injurious 
insect  pests  and  disease,  it  shall  be  the  duty  of  the  Department  of  Agri- 
culture to  give  or  send  to  the  owner  of  such  nursery  or  the  person 
in  charge  of  the  same,  not  later  than  October  1,  a  certificate  executed  by 
the  Departnent  of  Agriculture,  setting  forth  the  fact  of  such  inspection, 
and  such  certificate  shall  be  valid  not  to  exceed  one  year  fron  the  date 
thereof.  The  provisions  of  this  section  shall  not  apply  to  florists's 
[florists']  greenhouse  plants  nor  to  flowers  or  cuttings  commonly  known 
as  greenhouse  stock.  It  shall  be  unlawful  for  any  person  to  sell  or  to 
offer  for  sale  or  to  remove  or  ship  from  a  nursery  or  other  premises  any 
nursery  stock  until  such  stock  has  been  officially  inspected  .and  a  cer- 
tificate or  permit  covering  it  has  been  granted  by  the  Department  of 
Agriculture;  except  that  scions  of  fruit  trees  may  be  shipped  from  one 


AGRICULTURE.  23 


place  to  another  within  this  State  without  inspection,  under  a  special 
permit  of  the  Department  of  Agriculture,  in  which  case  they  must  be 
held  unused  by  the  person  receiving  them  until  they  have  been  duly 
inspected  and  pronounced  free  from  injurious  insect  pests  and  diseases. 

§  8.  Every  dealer  within  the  meaning  of  this  Act,  located  either 
within  or  without  the  State,  engaged  in  selling  nursery  stock  in  this 
State  shall  secure  a  dealer's  certificate,  first  furnishing  an  affidavit  that 
he  will  buy  and  sell  only  stock  which  has  been  duly  inspected  and  cer- 
tified by  the  Department  of  Agriculture,  or  by  an  inspector  approved  by 
the  Department,  and  that  he  will  maintain  with  the  Department  of 
Agriculture  a  list  of  all  sources  from  which  he  secures  his  stock. 

§  10.  All  agents  within  the  meaning  of  this  Act  selling  nursery 
stock  or  soliciting  orders  for  nursery  stock  for  any  nurseryman  or  dealer 
located  within  the  State  or  outside  the  State,  shall  be  required  to  secure 
and  carry  an  agent's  certificate  bearing  a  copy  of  the  certificate  held  by 
the  principal.  Said  agent's  certificate  shall  be  issued  only  by  the  De- 
partment of  Agriculture  to  agents  authorized  by  their  principal  or  upon 
request  of  their  principal. 

§  13.  Every  person  who  shall  engage  in  the  selling  or  shipping  of 
nursery  stock  in  this  State  is  hereby  required  to  attach  to  the  outside  of 
each  package,  box,  bale  or  carload  shipped  or  otherwise  delivered,  a  tag 
or  poster  on  which  shall  appear  an  exact  copy  of  his  valid  certificate. 
It  shall  be  unlawful  for  any  common  carrier  to  accept  for  shipment,  or 
transportation,  or  to  transport  any  nursery  stock  from  place  to  place 
within  the  State  unless  such  nursery  stock  has  attached  thereto  a  valid 
official  certificate  of  inspection  showing  that  such  stock  has  been  in- 
spected and  found  apparently  free  from  injurious  insect  pests,  or  that 
the  shipment  has  been  authorized  by  the  Department  of  Agriculture. 
In  case  any  nursery  stock  is  shipped  in  this  State  or  into  this  State  from 
another  state,  county  [country],  or  province  without  a  valid  certificate 
plainly  affixed  as  aforesaid,  the  fact  must  be  promptly  reported  to  the 
Department  of  Agriculture  by  the  person  carrying  the  same,  together 
with  the  names  of  the  consignor  and  consignee  and  the  nature  of  the 
shipment.  Any  person  receiving  nursery  stock  brought  into  this  State 
from  outside  this  State  without  a  valid  certificate  approved  by  the 
Department  of  Agriculture  affixed  as  aforesaid,  shall  at  once  notify  the 
Department  of  Agriculture  of  the  fact,  and  shall  not  allow  such  nursery 
stock  to  leave  his  possession  until  it  has  been  inspected  or  released  by 
the  Department  of  Agriculture. 

§  15.  All  trees,  shrubs,  vines,  cuttings,  scions,  graft,  plants  and 
plant  parts,  plant  products  and  places  within  this  State,  infested  by 
injurious  insect  pests  or  infected  by  plant  diseases  which  are  liable  to 
spread  to  other  plants,  plant  products  or  places  to  the  injury  thereof,  and 
all  species  and  varieties  of  trees,  shrubs,  vines  and  other  plants  not 
essential  to  the  welfare  of  the  people  of  this  State  which  may  serve  as 
favorable  host  plants,  and  promote  the  prevalence  and  abundance  of 
insect  pests  and  plant  diseases,  or  any  stage  thereof,  destructively  in- 
jurious to  other  plants  essential  to  the  welfare  of  the  people  of  this 
State,  are  hereby  declared  to  be  a  nuisance;  and  all  firms,  corporations, 


24  AGRICULTUKE. 


private  individuals  and  other  persons,  owning  or  controlling  lands  or 
places  in  this  State,  and  all  public  authorities  having  jurisdiction  over 
streets,  highways,  parks  and  other  public  places  shall  keep  the  same  free 
from  all  injurious  insect  pests  and  plant  diseases,  and  all  species  and 
varieties  of  plants  declared  by  the  provisions  of  this  section  to  be  a  nui- 
sance. t    ■ 

§  16.  If  the  Department  of  Agriculture  shall  determine  that  any 
species  or  variety  of  tree,  vine,  shrub  or  other  plant,  growing  within 
this  State  is  a  nuisance  as  defined  in  section  15  of  this  Act,  and  if  in 
the  judgment  of  the  Department  such  species  or  variety  of  tree,  shrub, 
vine  or  other  plant  should  be  eradicated  from  this  State,  or  from  any 
section  thereof,  in  order  to  safeguard  the  other  plants  and  plant  products 
of  the  State,  it  shall  give  public  notice  thereof,  designating  the  species 
or  variety  of  plant,  the  eradication  of  which  is  proposed,  and  the  rea- 
sons why  the  eradication  of  such  plant  is  necessary;  such  notice  shall 
also  designate  a  place  and  a  time,  which  time  shall  not  be  less  than  30 
days  after  the  date  of  such  notice,  for  a  public  hearing  at  which  all 
persons  in  the  State  interested  in  the  proposed  action  of  the  Department 
may  be  heard. 

If  after  such  hearing  the  Department  of  Agriculture  shall  deter- 
mine that  such  species  or  variety  of  plant  should  be  eradicated,  it  shall 
give  public  notice  of  the  fact,  naming  the  species  or  variety  of  plant  to 
be  eradicated,  describing  the  boundaries  of  the  section  of  the  State  from 
which  such  species  or  variety  of  plant  shall  be  eradicated,  and  the  date 
when  such  notice  shall  become  effective. 

If  the  Department  of  Agriculture  shall  have  reason  to  suppose  that 
any  property  or  place  in  this  State  is  infested  by  any  injurious  insect 
pest  or  infested  by  any  plant  disease,  or  has  growing  thereon  or  stored 
therein  any  species  or  variety  of  plant  which  the  Department  of  Agri- 
culture has  declared  to  be  a  nuisance  within  the  meaning  of  section  15 
of  this  Act,  it  shall  have  power  to  inspect,  or  cause  to  be  inspected,  from 
time  to  time  such  property  or  place ;  and,  if  it  shall  find  by  such  inspec- 
tion as  aforesaid,  that  any  person  is  maintaining  a  nuisance  as  described 
in  section  15  of  this  Act  as  amended,  the  Department  of  Agriculture 
shall  give  written  notice  of  the  facts  to  the  owner,  or  other  person  in 
possession  or  control  of  the  property  or  place  where  such  nuisance  was 
found;  which  notice  shall  specify  the  condition  constituting  such  nui- 
sance, the  method  by  which  and  the  time  within  which  such  nuisance 
shall  be  abated;  and  such  owner  or  person  in  charge  shall  proceed  to 
eradicate,  control  or  prevent  the  dissemination  of  such  injurious  insect 
pest  or  plant  disease  or  to  remove,  cut,  destroy  or  otherwise  completely 
eradicate  the  species  or  variety  of  plant  constituting  the  nuisance,  within 
the  time  and  in  the  manner  described  in  such  notice.  Whenever  such 
owner  or  other  person  cannot  be  found,  or  shall  fail,  neglect  or  refuse 
to  obey  the  requirements  of  said  notice,  the  Department  of  Agriculture 
may  proceed  to  abate  such  nuisance;  and  in  so  doing  the  Department  of 
Agriculture  is  authorized  to  treat,  remove,  cut  or  destroy  infested  or 
infected  plants  and  plant  products,  or  other  things  and  substances  used 


ANIMALS   AND   BIRDS.  25 


in  connection  therewith,  if  in  the  judgment  of  the  Department  such 
removal,  cutting  or  destruction  is  necessary  to  abate  the  nuisance  effect- 
ively; and  the  Department  of  Agriculture  shall  have  and  enforce  a  lien 
for  the  expense  thereof  against  the  place  in  or  upon  which  such  expense 
was  incurred  in  the  same  manner  as  liens  are  had  and  enforced  against 
buildings,  lots,  wharves  and  piers  for  labor  and  materials  furnished  by 
contract  with  the  owner. 

§  19.  Whenever  the  Department  of  Agriculture  shall  find  as  a  fact 
that  any  plant  or  plant  product  is  infested  or  infected  by  any  insect  pest 
or  plant  disease,  or  is  likely  to  be  so  infested  or  infected,  in  any  other 
state,  territory,  district,  province  or  country,  or  in  any  portion  thereof, 
or  in  any  locality  therein,  or  that  any  plant  or  plant  product,  coming 
therefrom  into  this  State  is  liable  to  convey  infection  to  plants  or  plant 
products  in  this  State,  the  Department  of  Agriculture  shall  report  such 
fact  to  the  Governor.  The  Governor  may  thereupon,  by  proclamation, 
schedule  such  state,  territory,  district,  province,  or  country,  or  any 
portion  thereof,  or  any  locality  therein,  and  prohibit  the  bringing  there- 
from into  this  State  of  any  plant  or  plant  product  of  the  kind  infested 
or  infected,  or  liable  to  be  infested  and  infected,  or  is  liable  to  convey 
infection  to  plants  or  plant  products  in  this  State,  except  under  such 
regulations  as  may  be  prescribed  by  the  Department  of  Agriculture  and 
approved  by  the  Governor. 

Any  person,  firm,  joint  stock  company,  or  corporation  that  shall 
knowingly  transport,  receive  or  convey  such  prohibited  plant  or  plant 
product  from  the  scheduled  district  into  the  State  of  Illinois  in  violation 
of  such  regulations,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  less  than  five  hundred  dollars  nor 
more  than  five  thousand  dollars  for  each  and  every  offense  and  shall  be 
liable  for  all  damages  or  loss  that  may  be  sustained  by  any  person  or 
corporation  by  reason  of  such  importation  or  transportation  of  such 
prohibited  plants  or  plant  products. 

Approved  June  28,  1919. 


ANIMALS  AND  BIRDS. 


GAME  AND  PISH  CODE  OF  ILLINOIS. 

Act  to  be  known   as   "Game   and        §      9.     Pheasants. 
Fish   Code   of   Illinois." 


2.  Department. 

3.  Duty   of  department. 

4.  Officers    and    employees. 

5.  Ownership  and  title. 

6.  Application    of    Act. 

7.  Birds — closed   seasons. 


§  10.  Plovers. 

§  11.  Prairie    chickens 

§  12.  Quails. 

§  13.  Rails. 

§  14.  Snipe. 

§  15.  Water   fowls. 


§   16.     General    provisions    as    to    game 
Doves.  birds. 


26 


ANIMALS    AND   BIRDS. 


§  17. 

§  18. 

§  19. 

§  20. 

§  21. 

§  22. 

§  23. 

§  24. 

§  25. 

§  26. 

§  27. 


§ 

29. 

§ 

30. 

§ 

31. 

§ 

32. 

§ 

33. 

§ 

34. 

§ 

35. 

§ 

36. 

§ 

37. 

§ 

38. 

§ 

39 

§ 

40. 

§ 

41. 

§ 

42, 

§ 

43. 

§ 

44. 

§ 

45. 

§ 

46, 

§ 

47, 

§ 

48. 

§ 

49 

§ 

50. 

§ 

51. 

§ 

52, 

GAME  AND  FISH   CODE 

Non-game   birds. 

Fish — bass. 

Bass  —  buffalo  — -  bullhead  cat 
—  carp  —  cat  fish  —  crappies 
— perch — sunfish. 

Black  fins — chubs — herring — long 
jaws. 

Perch — lake. 

Pickerel — pike — pike    perch. 

Trout — white    fish. 

Minnows. 

Nets — dip,   hoop,   etc. 

Nets — gill,   pound. 

Seines. 

Illegal  fishing  devices  and 
methods  of  fishing  or  killing 
fish. 

Frogs. 

Mussels. 

Definitions. 

Turtles. 

Animals — deer. 

Rabbits. 

Squirrels. 

Fur-bearing    animals. 

Ferrets — use   of. 

Unlawful  methods  of  hunting. 

Hunting  licenses  —  unlawful  to 
hunt  without. 

Conditions. 

Applications    and    fees. 

When    licenses   not    required. 

Trapping  licenses  —  unlawful  to 
trap   without. 

Conditions. 

Applications    and    fees. 

Report   of   sales   and   shipments. 

When    licenses    not    required. 

Non-resident   fishing   licenses. 

Seine   and  net   licenses. 

Mussel    licenses. 

Applications    and    fees. 

Report    of    sales   and    shipments. 


OF  ILLINOIS — Continued. 

§   53.     Wholesale  fish  market  and   deal- 
ers' licenses. 

§   54.     Applications   and  fees. 

§    55.     Report  of  sales  and  shipments. 

§   56.     Miscellaneous    licenses    and    per- 
mits— taxidermist. 

§   57.     Permits    to    collect    birds,    nests 
and   eggs. 

§  58.  Permits   for    shipment   of   game. 

§  59.  Breeders'    permits. 

§  60.  Fur-bearing  animal   permits. 

§  61.  General  provisions. 

§   62.     Transportation    and    shipment    of 
game. 

§   63.     Transportation  within   State. 

§    64.      Transportation   out   of   the   State. 

§   65.     Transportation  from  without  the 
State. 

§    66.      Transportation     of     game     raised 
in  captivity. 

§  67.  Transportation   of   fish. 

§  68.  Game   preserves. 

§  69.  Fish   preserves. 

§  70.  Mussel   preserves. 

§  71.  Mutilation  of  notices. 

§  7  2.  Propagation   of   game. 

§  73.  Propagation   of   fish. 

§  74.  Dams  and  fishways. 


§    75. 


§    76. 


Prosecutions,  confiscations,  etc., 
— duties  of  officers,  employees, 
etc. 


Courts  —  duty 
torney. 


of      State's      at- 


77.  Venue — limitation. 

78.  Resistance    of   officers. 

79.  False   representations. 

80.  Contraband. 

81.  Searches. 

82.  Evidence    of    illegality. 

83.  Disposition    of    contraband. 

84.  Search    warrants. 

85.  Nuisances. 

86.  Fines. 

87.  Separate   offenses. 


ANIMALS    AND    BIRDS.  27 


GAME  AND  PISH  CODE  OP  ILLINOIS — Concluded. 
§    88.     Accessories.  §   90.     Repeal. 

§    89.     Remittance  of  fines. 

(Senate  Bill  No.  403.     Approved  June  24,  1919.) 

An  Act  to  revise  the  law  in  relation  to  the  conservation  of  game,  wild 
animals,  wild  fowls,  birds,  fish,  mussels,  frogs  and  her  lies  in  the  State 
of  Illinois  and  to  repeal  all  Acts  in  conflict  therewith. 

Article  I. 

GENERAL   PROVISIONS. 

Section  1.  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly:  That  this  Act  shall  be  known 
and  may  be  cited  as  the  "Game  and  Pish  Code  of  Illinois." 

§  2.  Department.]  This  Act  shall  be  administered  by  and  under 
the  direction  of  the  Department  of  Agriculture.  The  word  "Depart- 
ment/' as  used  in  this  Act,  shall  be  construed  to  mean  the  Department 
of  Agriculture. 

§  3.  Duty  of  Department.]  It  shall  be  the  duty  of  the  De- 
partment to  take  all  measures  necessary  for  the  conservation,  distri- 
bution, introduction  and  restoration  of  game,  wild  animals,  wild  fowls, 
birds,  fish,  mussels,  frogs  and  turtles  and  to  bring,  or  cause  to  be 
brought,  actions  and  proceedings,  in  the  name  of  the  People  of  the  State 
of  Illinois,  to  enforce  the  provisions  hereof  and  to  recover  any  and  all 
fines  and  penalties  hereinafter  provided  for. 

§  4.  Officers  and  employees  of  the  department.]  Whenever 
in  this  Act  powers  or  duties  are  vested  in  or  imposed  upon  the  officers 
or  employees  of  the  Department  of  Agriculture,  only  such  officers  and 
employees  of  the  department  shall  exercise  such  powers  or  duties  as  are 
authorized  in  writing,  signed  by  the  Director  of  the  Department  of 
Agriculture. 

§  5.  Ownership  and  title.]  The  ownership  of  and  title  to  all 
game,  wild  animals,  wild  fowls,  birds,  fish,  mussels,  frogs  and  turtles 
within  the  jurisdiction  of  the  State,  are  hereby  declared  to  be  in  the 
State,  and  no  game,  wild  animals,  wild  fowls,  birds,  fish,  mussels,  frogs 
or  turtles  shall  be  taken  or  killed,  in  any  manner  or  at  any  time,  ex- 
cept the  person  or  persons  so  taking  or  killing  the  same  shall  consent 
that  the  title  thereto  shall  be  and  remain  in  the  State  for  the  purpose 
of  regulating  the  possession,  use,  sale  and  transportation  thereof  after 
such  taking  or  killing,  as  hereinafter  set  forth.  The  taking  or  killing 
of  game,  wild  animals,  wild  fowls,  birds,  fish,  mussels,  frogs  and  turtles 
at  any  time,  in  anv  manner,  and  by  any  person,  shall  be  deemed  a  con- 
sent on  the  part  of  such  person  that  the  title  to  such  game,  wild  animals, 
wild  fowls,  birds,  fish,  mussels,  frogs  and  turtles  is,  shall  be  and  remains 
in  the  State  for  the  purposes  of  regulating  the  possesion,  use,  sale  and 
transporation  of  same. 

§  G.  Application  of  act.]  It  shall  be  unlawful  for  any  person 
to  hunt,  kill,  entrap,  ensnare,  or  destroy,  or  attempt  to  hunt,  kill,  entrap, 
ensnare  or  destroy,  or  to  have  in  his  or  her  possession,  any  wild  bird. 


28  ANIMALS    AND   BIRDS. 


wild  fowl  or  wild  animal;  or  to  catch,  take  or  kill,  or  to  attempt  to 
catch,  take  or  kill  any  fish,  mussels,  frogs  or  turtles  in  or  from  any  of 
the  lakes,  rivers,  creeks,  sloughs,  bayous  or  other  waters  or  watercourses 
wholly  or  in  part  within  the  jurisdiction  of  the  State,  or  over  which  the 
State  has  concurrent  jurisdiction  with  any  other  state,  except  subject 
to  the  restrictions  and  by  the  means  and  devices  and  at  the  times  pre- 
scribed by  this  Act. 

Article  2. 

(a)       GAME  BIRDS.       (b)       NON-GAME  BIRDS, 
(a)       GAME  BIRDS. 

§  7.     Closed  seasons.]     It  shall  be  unlawful : 

To  hunt,  kill,  take  or  destroy  grouse  (except  pinnated  prairie 
chickens),  quails  (except  bobwhite,  partridges,  woodcocks,  wild  turkeys, 
swans,  pheasants  (except  cock  pheasants),  and  all  shore  birds  (except 
plovers,  black-breasted  and  golden,  greater  and  lesser  yellowlegs,  Wilson 
and  jack  snipe),  until  November  10,  1923,  and  wood  ducks  and  eider 
ducks  until  September  16,  1925. 

§  8.     Doves  (Mourning).]     It  shall  be  unlawful: 

(a)  To  hunt  or  kill  mourning  doves,  except  between  the  first  day 
of  September  and  the  30th  day  of  September,  both  inclusive,  of  each 
year. 

(b)  For  any  person  to  kill,  in  any  one  day,  in  excess  of  fifteen 
mourning  doves. 

(c)  For  any  person  to  have  in  his  or  her  possession,  at  any  one  time, 
in  excess  of  twenty-five  mourning  doves. 

§  9.     Pheasants  (Cock).]     It  shall  be  unlawful: 

(a)  To  hunt  or  kill  cock  pheasants,  except  between  the  1st  and 
5th  days  of  October,  both  inclusive,  of  each  year. 

(b)  For  any  person  to  kill,  in  any  one  clay,  in  excess  of  two  cock 
pheasants. 

(c)  For  any  person  to  have  in  his  or  her  possession,  at  any  one 
time,  in  excess  of  six  cock  pheasants. 

§  10.  Plovers  (Black-breasted  and  golden,  greater  and  lesser 
yellowlegs).]     It  shall  be  unlawful: 

(a)  To  hunt  or  kill  plovers,  except  between  the  16th  day  of 
September  and  the  31st  day  of  December,  both  inclusive,  of  each  year. 

(b)  For  any  person  to  kill,  in  any  one  day,  in  excess  of  fifteen 
plovers. 

(c)  For  any  person  to  have  in  his  or  her  possession,  at  any  one 
time,  in  excess  of  fifty  plovers. 

§  11.  Prairie  chickens  (Pinnated  grouse).]  It  shall  be  unlaw- 
ful: 

(a)  To  hunt  or  kill  prairie  chickens,  except  between  the  20th  and 
31st  days  of  October,  both  inclusive,  of  each  year. 

(b)  For  any  person  to  kill,  in  any  one  day,  in.  excess  of  three 
prairie  chickens. 

(c)  For  any  person  to  have  in  his  or  her  possession,  at  any  one 
time,  in  excess  of  twelve  prairie  chickens. 


ANIMALS    AND    BJKDS.  29 


§  12.     Quail  (Bobwhite).]     It  shall  be  unlawful: 

(a)  To  hunt  or  kill  quails,  except  between  the  10th  day  of  No- 
vember and  the  10th  day  of  December,  both  inclusive^  of  each  year. 

(b)  For  any  person  to  kill,  in  any  one  day,  in  excess  of  twelve 
quails. 

(c)  Tor  any  person  to  have  in  his  or  her  possession,  at  any  one  time, 
in  excess  of  thirty-six  quails. 

§  13.     Bails  (Except  coots).]     It  shall  be  unlawful: 

(a)  To  hunt  or  kill  rails,  except  between  the  1st  day  of  Sep- 
tember and  the  30th  day  of  November,  both  inclusive,  of  each  year. 

(b)  For  any  person  to  kill,  in  any  one  day,  in  excess  of  fifteen 
rails. 

(c)  For  any  person  to  have  in  his  or  her  possession,  at  any  one 
time,  in  excess  of  sixty  rails. 

§  14.     Snipe   (Wilson  and  jack).]     It  shall  be  unlawful: 

(a)  To  hunt  or  kill  snipes,  except  between  the  16th  day  of  Sep- 
tember and  the  31st  day  of  December,  both  inclusive,  of  each  year. 

(b)  _  For  any  person  to  kill,  in  any  one  day,  in  excess  of  fifteen 
snipes. 

(c)  For  any  person  to  have  in  his  or  her  possession,  at  any  one 
time,  in  excess  of  fifty  snipes. 

§  15.  Water  fowls  (Brants,  coots,  ducks,  geese).]  It  shall  be 
unlawful : 

(a)  To  hunt  or  kill  any  brants,  coots,  ducks,  or  geese,  except 
during  such  period  of  time  as  is  presently  provided  by  a  proclamation  of 
the  President  of  the  United  States,  dated  July  31,  1918,  and  made  pur- 
suant to  an  Act  of  Congress  of  the  United  States,  approved  July  3, 
1918,  known  as  the  "Migratory  Bird  Treaty  Act,"  namely,  from  Sep- 
tember 16th  to  December  31st,  both  inclusive,  of  each  year,  or  during 
such  periods  of  time  as  the  President  of  the  United  States  may  here- 
after by  proclamation  designate.  The  Director  of  the  Department  of 
Agriculture  of  this  State  shall  give  due  notice  of  any  proclamation 
issued  by  the  President  of  the  United  States  and  observe  the  provisions 
thereof  in  the  enforcement  of  this  Act. 

(b)  To  hunt  or  kill,  or  to  attempt  to  hunt  or  kill,  any  wood  duck 
or  eider  duck  until  the  16th  day  of  September,  A.  D.  1925. 

(c)  For  any  person  to  kill,  in  any  one  day,  in  excess  of  eight  (8) 
brants,  fifteen  (15)  coots,  fifteen  (15)  ducks,  and  eight  (8)  geese. 

(d)  For  any  person  to  have  in  his  or  her  possession,  at  any  one 
time,  in  excess  of  ten  (10)  brants,  sixty  (60)  coots,  sixty  (60)  ducks 
and  ten  (10)  geese. 

(e)  To  hunt  any  such  water  fowls  from  any  fixed  or  artificial 
ambush  located  beyond  the  lines  of  the  natural  covering  of  reeds,  canes, 
willows,  flags,  crooked  brush,  wild  rice,  or  other  vegetation,  above  the 
open  wraters  of  any  lake,  river,  bayou  or  inlet,  or  other  water  course 
within  the  jurisdiction  of  the  State. 

(f )  To  hunt  or  kill,  or  to  attempt  to  hunt  or  kill,  any  such  water 
fowls  from  an  electric,  gas  or  steam  Ian  noli,  sail  boat  or  areo  or  hydro- 
plane. 


30  ANIMALS    AND   BIRDS. 


(g)  To  use  a  rifle,  swivel  gun,  trap,  snare  or  net  in  hunting  or 
killing,  or  attempting  to  hunt  or  kill  any  such  water  fowls. 

(h)  To  use  a  sneak  boat,  sink  box,  or  other  device  for  the  purpose 
of  concealment,  when  hunting  any  such  water  fowls. 

§  16.  General  provisions  as  to  game  birds.]  It  shall  be  un- 
lawful : 

(a)  To  use  a  trap,  snare  or  net  in  taking,  or  attempting  to  take, 
any  of  the  game  birds  named  in  this  Act. 

(b)  To  take,  or  needlessly  destroy,  the  nests  or  eggs  thereof. 

(c)  To  hunt  or  kill,  or  to  attempt  to  hunt  or  kill,  any  of  such 
game  birds  before  sunrise  or  after  sunset. 

(d)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe  keeper, 
to  have  in  possession  any  of  the  game  birds  named  in  this  Act,  whether 
killed  or  taken  within  or  without  the  State,  or  lawfully  or  unlawfully 
killed  or  taken. 

(b)       NON-GAME  BIRDS. 

§  17.     Non-game  birds.]     It  shall  be  unlawful: 

(a)  For  any  person  to  shoot,  kill,  destroy  or  catch,  or  attempt  to 
shoot,  kill,  destroy  or  catch,  or  have  in  possession,  living  or  dead,  any 
song,  insectivorous  or  non-game  seed-eating  bird,  or  part  of  such  bird, 
other  than  an  English  sparrow,  crow,  blackbird,  blue-jay,  Cooper's  hawk, 
sharp-shinned  hawk,  goshawk,  duck  hawk,  pigeon  hawk,  great  horned 
owl  or  cormorant. 

(b)  For  any  person  to  take  or  needlessly  destroy  the  nest  or  eggs 
of  any  song,  insectivorous  or  non-game  seed-eating  bird,  or  have  in  his 
or  her  possession  the  nest  or  eggs  thereof. 

Article  3. 

(a)     fish,     (b)     mussels,  erogs  and  turtles. 

(a)      FISH. 

§18.     Bass  (Black).]     It  shall  be  unlawful : 

(a)  To  catch  or  take,  or  attempt  to  catch  or  take,  black  bass, 
except  by  hooks  and  lines,  and  if  caught  or  taken  by  any  other  means, 
the  same  shall  be  immediately  returned  to  the  waters  from  which  taken, 
without  unnecessary  injury. 

(b)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe  keeper, 
or  fish  dealer,  to  have  any  black  bass  in  possession,  whether  caught  or 
taken  within  or  Avithout  the  State,  or  lawfully  or  unlawfully  caught  or 
taken. 

§  19.  Bass  (Bock,  white  or  striped),  buffalo,  bullhead  cat, 
carp,  cat  fish,  crappies,  perch  (White),  perch  (Yellow  or  Ringed) 
and  sunfish).]     It  shall  be  unlawful: 

(a)  To  catch  or  take  rock  bass  of  less  than  six  (6)  inches  in 
length,  white  or  striped  bass  of  less  than  eight   (8)    inches  in  length, 


ANIMALS   AND   BIRDS.  31 


buffalo  of  less  than  fifteen  (15)  inches  in  length,  bullhead  cat  of  less 
than  six  (G)  inches  in  length,  dressed,  and  eight  (8)  inches  in  length, 
undressed,  carp  of  less  than  fifteen  (15)  inches  in  length,  catfish  of  less 
than  thirteen  (13)  inches  in  length,  catfish  (blue  or  channel)  of  less 
than  fifteen  (15)  inches  in  length,  crappies  of  less  than  eight  (8)  inches 
in  length,  perch  (white)  of  less  than  ten  (10)  inches  in  length,  perch 
(yellow  or  ringed)  of  less  than  seven  (7)  inches  in  length,  and  sunfish 
of  less  than  six  (G)  inches  in  length,  except  by  hooks  and  lines,  and  if 
any  such  fish  under  such  respective  lengths  are  caught  or  taken  by  any 
other  means,  the  same  shall  be  immediately  returned  to  the  waters  from 
which  taken  without  unnecessary  injury. 

(b)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for  any 
commercial  institution,  commission  house,  restaurant  or  cafe  keeper,  or 
fish  dealer,  to  have  in  possession  any  of  the  above  named  fish,  if  the 
same  are  undersized. 

(c)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  to  ship  or 
offer  for  shipment,  or. receive  for  shipment,  or  for  any  commercial  insti- 
tution, commission  house,  restaurant  or  cafe  keeper,  or  fish  dealer,  to 
have  in  possession  any  of  the  above  named  fish,  caught  or  taken  from 
waters  wholly  or  in  part  within  the  jurisdiction  of  the  State,  or  over 
which  the  State  has  concurrent  jurisdiction  with  any  other  state,  be- 
tween the  1st  day  of  April  and  the  1st  day  of  June,  both  inclusive,  of 
any  year. 

§  20.  Black  fins,  chubs,  herring  and  long  jaws.]  It  shall 
be  unlawful : 

To  catch  or  take,  or  attempt  to  catch  or  take,  black  fins,  chubs, 
herring  or  long  jaws  with  either  gill  nets,  dip  nets  or  pound  nets,  the 
meshes  of  which  are  either  more  or  less  than  one  and  one-quarter  (l1/^) 
inches  square. 

§  21.     Perch  (Lake).]     It  shall  be  unlawful: 

To  catch  or  take,  or  attempt  to  catch  or  take,  lake  perch  of  less 
than  seven  (7)  inches  in  length,  except  by  hooks  and  lines,  and  if 
caught  or  taken  by  any  other  means,  the  same  shall  be  immediately 
returned  to  the  waters  from  which  taken,  without  unnecessary  injury. 

(b)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe  keeper, 
or  fish  dealer,  to  have  in  possession  any  lake  perch,  if  the  same  are 
undersized. 

(c)  To  catch  or  take,  or  attempt  to  catch  or  take,  lake  perch  with 
gill  nets,  dip  nets  or  pound  nets,  the  meshes  of  which  are  either  more  or 
less  than  one  and  one-quarter  (l1/^)  inches  square. 

§  22.  Pickerel,  pike  and  pike  perch  (commonly  known  as 
Wall-Eyed  Pike,  Jack  or  Yellow  Salmon).]     It  shall  be  unlawful: 

(a)  To  catch  or  take,  or  attempt  to  catch  or  take  pickerel,  pike  or 
pike  perch  (commonly  known  as  wall-eyed  pike,  jack  or  yellow  salmon), 
except  by  hooks  and  lines,  and  if  caught  or  taken  by  any  other  means, 
the  same  shall  be  immediately  returned  to  the  waters  from  which  taken, 
without  unnecessary  injury. 


32  ANIMALS   AND  BIRDS. 


(b)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe  keeper, 
or  fish  dealer,  to  have  in  possession  any  of  the  above  named  fish,  if  taken 
from  waters  within  the  jurisdiction  of  the  State. 

(c)  '  To  bu}r,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe  keeper, 
or  fish  dealer,  to  have  pickerel  or  pike  of  less  than  fifteen  (15)  inches 
in  length,  or  pike  perch  (commonly  known  as  wall-eyed  pike,  jack  or 
yellow  salmon)  of  less  than  thirteen  (13)  inches  in  length,  in  possession, 
if  taken  without  the  State. 

(d)  The  sale  or  having  in  possession  of  the  species  of  fish  com- 
monly known  as  gray  pike,  sauger  pike,  blue  pike  or  sand  pike,  caught 
in  waters  without  the  jurisdiction  of  the  State  of.  Illinois,  shall  not  be 
unlawful  on  account  of  anything  contained  in  this  section. 

§  23.     Trout  (Lake)  and  white  fish.]     It  shall  be  unlawful: 

(a)  To  catch  or  take,  or  attempt  to  catch  or  take,  lake  trout  or 
white  fish,  with  gill  nets  or  pound  nets,  the  meshes  of  which  are  less  than 
two  and  one-quarter   (2^4)   inches  square. 

(b)  To  catch  or  take,  or  attempt  to  catch  or  take,  lake  trout  or 
white  fish,  between  the  1st  day  of  November  and  the  1st  day  of  Decem- 
ber, both  inclusive,  of  any  year,  by  means  of  any  device  whatsoever. 

(c)  To  catch  or  take,  or  attempt  to  catch  or  take,  lake  trout  or 
white  fish  of  less  weight  than  one  and  one-quarter  (1%)  pounds,  dressed, 
and  if  any  such  fish  under  such  weight  are  caught  or  taken,  the  same 
shall  be  immediately  returned  to  the  waters  from  which  taken,  without 
unnecessary  injury,  provided  that  any  single  catch  of  lake  trout  or  white 
fish,  containing  not  in  excess  of  ten  per  cent  undersized  lake  trout  or 
white  fish  shall  not  be  unlawful,  but  such  undersized  lake  trout  or  white 
fish  shall  not  be  shipped,  but  shall  be  disposed  of  or  sold  upon  the  shore 
of  the  body  of  water  from  which  taken. 

(d)  To  buy,  sell  or  barter,  or  offer  to  bay,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe  keeper, 
or  fish  dealer,  to  have  in  possession  any  lake  trout  or  white  fish,  if  the 
same  are  under  weight,  except  as  hereinabove  provided. 

§  24.  Minnows.]     It  shall  be  unlawful : 

(a)  To  catch  or  take,  or  attempt  to  catch  or  take,  minnows,  except 
for  bait. 

(b)  To  catch  or  take,  or  attempt  to  catch  or  take,  minnows  by  the 
use  of  minnow  seines  of  more  than  twenty  (20)  feet  in  length. 

(c)  To  catch  or  take,  or  attempt  to  catch  or  take,  minnows  with 
minnow  seines  or  traps,  the  meshes  of  which  are  less  than  one-quarter 
("V4)  of  an  inch  square. 

(d)  For  any  person  to  buy,  sell  or  barter,  or  offer  to  buy,  sell  or 
barter,  or  have  in  possession,  minnows  for  any  purpose  whatsoever  except 
for  use  as  bait. 

(e)  In  catching  or  taking,  or  attempting  to  catch  or  take,  min- 
nows for  bait,  all  other  fish  (of  whatever  size)  taken,  shall  be  returned 
to  the  waters  from  which  taken,  without  unnecessary  injury. 


ANIMALS    AND   BIRDS.  33 


§  25.  Nets  (Dip,  hoop,  fyke,  basket  and  trap).]  It  shall  be  un- 
lawful : 

(a)  To  use  or  operate,  or  attempt  to  use  or  operate,  any  dip  net, 
hoop  net,  fyke  net,  basket  or  trap  net,  between  the  1st  day  of  April  and 
the  1st  day  of  June,  both  inclusive,  of  each  year,  except  that  dip  nets 
may  be  used  or  operated  for  the  catching  of  black  fins,  chubs,  herring, 
long  jaws  and  lake  perch  during  the  entire  year. 

(b)  To  use  or  operate,  or  attempt  to  use  or  operate,  any  dip  net, 
hoop  net,  fyke  net,  basket  or  trap  net,  the  meshes  of  which  are  less  than 
one  and  one-half  (IV2)  inches  square,  except  that  dip  nets  may  be  used 
for  the  purpose  of  taking  lake  perch,  the  meshes  of  which  are  not  less 
than  one  and  one-quarter  (1*4)  inches  square,  and  to  take  black  fins, 
chubs,  herring  and  long  jaws,  the  meshes  of  which  are  not  more  nor 
less  than  one  and  one-quarter  (l1/^)  inches  square. 

(c)  To  use  or  operate,  or  attempt  to  use  or  operate,  any  hoop  or 
fyke  net  of  more  than  two  hundred  (200)  yards  in  length,  or  to  set, 
place  or  use  the  same  in  such  a  manner  as  to  obstruct  more  than  one- 
half  the  width  of  any  stream,  river,  lake,  slough,  bayou  or  other  water- 
course. 

§  26.     Nets  (Gill  and  pound).]     It  shall  be  unlawful: 

(a)  To  use  or  operate,  or  attempt  to  use  or  operate,  gill  or  pound 
nets,  for  the  purpose  of  taking  or  catching,  or  attempting  to  take  or 
catch,  lake  trout  or  white  fish,  between  the  1st  day  of  November  and  the 
1st  day  of  December,  both  inclusive,  of  each  year. 

(b)  To  use  or  operate,  or  attempt  to  use  or  operate,  gill  or  pound 
nets  with  meshes  of  less  than  two  and  one-quarter  (214)  inches  square 
in  taking  or  catching,  or  attempting  to  take  or  catch,  lake  trout  or  white 
fish;  or  of  either  more  or  less  than  one  and  one-quarter  (l1/^)  inches 
square  in  taking  or  catching,  or  attempting  to  take  or  catch,  black  fins, 
chubs,  herring,  long  jaws  or  lake  perch. 

(c)  To  use  or  operate,  or  attempt  to  use  or  operate,  pound  nets, 
of  more  than  two  hundred  (200)  yards  in  length,  or  to  set,  place  or  use 
the  same  in  such  manner  as  to  obstruct  more  than  one-half  of  the  width 
of  any  stream,  river,  lake,  slough,  bayou  or  other  water  course. 

(d)  To  set  or  lift  gill  or  pound  nets,  except  by  the  use  of  a  tug, 
launch,  sail  boat  or  row  boat. 

§  27.     Seines.]     It  shall  be  unlawful: 

(a)  To  use  or  operate,  or  attempt  to  use  or  operate  a  .seine  between 
the  1st  day  of  April  and  the  31st  day  of  August,  both  inclusive,  of  each 
year. 

(b)  To  use  or  operate,  or  attempt  to  use  or  operate,  a  seine  of 
more  than  one  thousand  (1,000)  yards  in  length  or  the  meshes  of  which 
are  less  than  one  and  one-half  (1%)  inches  square,  except  that  after  the 
31st  day  of  August,  1920,  it  shall  be  unlawful  to  use  or  operate,  or 
attempt  to  use  or  operate,  a  seine,  the  meshes  of  which  are  less  than  two 
and  one-half  (2%)  inches  square. 


—3  L 


34  ANIMALS   AND   BIRDS. 


(c)  To  set,  place  or  use  a  seine  in  such  manner  as  to  obstruct  more 
than  one-half  the  width  of  any  stream,  river,  lake,  slough,  bayou  or  other 
water  course. 

(d)  To  use  or  operate,  or  attempt  to  use  or  operate,  a  seine  of 
more  than  two  hundred  (200)  yards  in  length,  without  the  use  and 
operation  of  a  back-stop,  and  in  the  use  of  such  a  seine  and  back-stop  the 
seine  shall  not  be  drawn  into  waters  of  less  than  two  (2)  feet  in  depth. 

(e)  To  use  or  operate,  or  attempt  to  use  or  operate,  a  seine  of 
more  than  two  hundred  (200)  yards  in  length,  except  under  the  personal 
supervision  and  control  of  an  officer  or  employee  of  the  Department. 
Due  notice  shall  be  given  the  Department  or  some  one  of  its  officers  or 
employees  of  the  time  and  place  when  a  seine  of  more  than  two 
hundred  (200)  yards  in  length  will  be  used  or  operated. 

(f)  To  use  or  operate,  or  attempt  to  use  or  operate,  a  seine  of  any 
length  in  any  waters  while  the  same  are  covered  with  ice. 

§  28.  Illegal  fishing  devices  and  methods  of  fishing  oe 
killing  fish.]     It  shall  be  unlawful: 

(a)  To  use  or  operate,  or  attempt  to  use  or  operate,  in  the  taking 
or  catching  of  any  fish,  a  trammel  net,  a  snare,  a  spear,  a  gig,  a  grain, 
firearms  of  any  kind,  or  a  jack  or  artifical  light  of  any  kind,  except  such 
as  may  be  used  strictly  for  illuminating  purposes  and  not  for  the  purpose 
of  luring  or  attracting  fish. 

(b)  To  catch,  take  or  kill,  or  attempt  to  catch,  take  or  kill,  any 
fish  by  the  use  of  lime,  acid,  medical,  chemical  or  mechanical  compound 
or  dope  of  any  medicated  drug  or  any  coculus  induces  or  fish  berry, 
or  any  dynamite,  or  giant  powder,  nitro  glycerine  or  other  explosive. 

(c)  To  have  erected  or  use  while  fishing  on  or  through  ice,  any 
house,  shed,  tent  or  shanty  or  other  structure  so  constructed  as  to 
wholly,  or  in  part,  exclude  the  daylight,  or  which  may  be  used  for  the 
purpose  of  concealment. 

(d)  To  catch,  take  or  kill,  in  any  manner  or  by  any  means,  any 
fish  in,  or  from  any  water  in  any  quarry,  quarry  hole,  natural  or  arti- 
ficial lake,  fish  pond  or  reservoir,  or  other  artificial  or  natural  depression, 
without  the  consent  of  the  owner  or  the  person  in  charge  thereof. 

(e)  To  catch,  take  or  kill  in  any  manner,  or  by  any  means,  or  to 
attempt  to  catch,  take  or  kill  in  any  manner  or  by  any  means,  any  fish 
within  one  hundred  feet  of  any  dam  wholly  or  partly  crossing  any  stream 
or  any  other  body  of  water. 

(b)     frogs,  mussels  and  turtles. 

§  29.     Frogs.]     It  shall  be  unlawful: 

To  catch,  take  or  kill,  or  attempt  so  to  do,  or  to  buy,  sell  or  barter, 
or  offer  to  buy,  sell  or  barter,  or  to  ship,  offer  for  shipment  or  receive 
for  shipment,  or  for  any  commercial  institution,  commission  house, 
restaurant  or  cafe  keeper  or  fish  dealer,  to  have  in  possession,  bull  frogs 
of  more  than  one-quarter  pound  in  weight,  between  the  1st  day  of  April 
and  the  1st  day  of  July,  both  inclusive,  of  each  year. 

§  30.     Mussels.]     It  shall  be  unlawful : 

(a)  To  operate,  or  attempt  to  operate,  more  than  one  boat  in 
taking,  catching  or  killing,  or  attempting  to  take,  catch  or  kill  mussels 


ANIMALS    AND    BIRDS.  35 


for  commercial  purposes,  except  that  one  additional  boat  for  towing 
purposes  only  may  be  used,  when  no  apparatus  for  taking,  catching 
or  killing  mussels  is  used  or  kept  thereon. 

(b)  To  have  in  possession,  while  engaged  in  taking,  catching  or 
killing  mussels,  or  attempting  so  to  do,  for  commercial  purposes,  more 
than  two  crowfoot  bars  or  more  than  one  dredge,  or  to  use  or  have  in 
possession  a  crowfoot  bar  of  more  than  sixteen  feet  in  length,  or  a 
dredge,  the  length  of  the  opening  of  which  is  more  than  three  feet. 

(c)  To  take,  catch  or  kill,  or  attempt  so  to  do,  buy,  sell  or  barter, 
or  offer  to  buy,  sell  or  barter,  or  for  any  commercial  institution,  or 
fish  dealer  to  have  in  possession,  mussels  of  less  than  two  inches  in  their 
greatest  dimension,  and  all  undersized  mussels  shall  be  culled  and  re- 
turned to  the  waters  from  which  taken,  without  unnecessary  injury. 

§  31.  Definitions.]  (a)  "Mussels"  shall  mean  and  embrace 
the  pearly,  fresh  water  mussel,  or  clam,  or  naiad  and  the  shell  thereof. 

(b)  "Crow-foot  bar"  shall  mean  a  bar  of  any  material  operating 
a  series  of  hooks  designed  to  catch,  or  adapted  for  the  catching  of 
mussels  by  the  insertion  of  such  hooks  between  the  shells  thereof. 

(c)  "Dredge"  shall  mean  any  implement  of  capture,  which  is 
adapted  for  dragging  the  bottoms  of  waters  and  is  operated  with  or 
without  the  aid  of  mechanical  power,  except  a  crow-foot  bar. 

(d)  "Commercial  purposes"  shall  mean  and  be  presumed  to  in- 
clude the  taking,  catching  or  killing,  or  attempting  to  take,  catch  or 
kill  mussels  or  having  mussels  in  possession,  unless  the  contrary  is 
proven. 

§  32.     Turtles.]     It  shall  be  unlawful: 

To  catch,  take  or  kill  turtles  with  an  upper  shell  of  less  than  ten 
inches  in  length,  measuring  from  the  extreme  ends  thereof,  and  all 
undersized  turtles  caught  or  taken  shall  be  immediately  returned  to 
the  waters  from  which  taken,  without  unnecessary  injury. 

Article  4. 

ANIMALS. 

§  33.     Deer.]     It  shall  be  unlawful: 

To  hunt,  kill,  take  or  destroy,  or  to  attempt  to  hunt,  kill,  take  or 
destroy  any  wild  deer  in  the  State  until  the  10th  day  of  November,  A. 
D.  1925. 

§  34.     Babbits.]     It  shall  be  unlawful: 

(a)  To  hunt,  kill,  take  or  destroy,  or  to  attempt  to  hunt,  kill,  take 
or  destroy  rabbits,  except  between  the  1st  day  of  November  and  the 
31st  day  of  January  (both  inclusive)  of  the  succeeding  year. 

(b)  For  any  person  to  kill,  in  any  one  day,  in  excess  of  fifteen 
rabbits. 

(c)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe  keeper, 
to  have  rabbits  in  possession,  except  between  the  1st  day  of  November 
and  the  31st  day  of  January   (both  inclusive)   of  the  succeeding  year. 


36  ANIMALS    AND    BIRDS. 


whether  killed  or  taken  within  or  without  the  State,  or  lawfully  or  un- 
lawfully killed  or  taken. 

§  35.     Squirrels.]     It  shall  be  unlawful: 

(a)  To  hunt,  kill,  take  or  destroy,  or  attempt  to  hunt,  kill,  take 
or  destroy  squirrels  except  between  the  1st  day  of  July  and  the  1st  day 
of  December,  both  inclusive,  of  each  year. 

(b)  For  any  person  to  kill,  in  any  one  day,  in  excess  of  ten 
squirrels. 

(c)  For  any  person  to  have  in  his  or  her  possession,  at  any  one 
time,  in  excess  of  twenty  squirrels. 

(d)  To  buy,  sell  or  barter,  or  offer  to  buy,  sell  or  barter,  or  for 
any  commercial  institution,  commission  house,  restaurant  or  cafe 
keeper,  to  have  squirrels  in  possession,  whether  killed  or  taken  within  or 
without  the  State,  or  lawfully  or  unlawfully  killed  or  taken. 

§  36.  Fur-bearing  animals  (Eaccoons,  minks,  muskrats,  skunks, 
opossums,  foxes  and  otters).]     It  shall  be  unlawful: 

(a)  To  hunt,  kill,  take,  trap  or  destroy,  or  attempt  to  hunt,  kill, 
take,  trap  or  destroy  any  of  the  fur-bearing  animals  of  the  State, 
namely :  Eaccoons,  minks,  muskrats,  skunks,  opossums,  foxes  or  otters, 
except  between  the  1st  day  of  November  and  the  15th  day  of  March 
(both  inclusive)  of  the  following  year. 

(b)  For  any  person  to  have  in  his  or  her  possession  the  green 
hide  of  any  fur-bearing  animal,  except  between  the  1st  day  of  November 
and  the  25th  clay  of  March  (both  inclusive)  of  the  succeeding  year. 

(c)  To  disturb,  mutilate  or  destroy  the  house  or  den  of  any 
fur-bearing  animal,  or  to  cut  down  or  into  any  tree  containing  the  den 
of  any  fur-bearing  animal,  or  to  destroy  or  molest  the  house  or  den  of 
any  otter  or  muskrat,  except  where  such  house  or  den  obstructs  a  public 
or  private  ditch  or  water  course. 

(d)  To  use  spears,  or  any  like  device,  in  the  hunting  or  taking 
of  fur-bearing  animals,  or  to  use  explosives,  chemicals  or  mechanical 
devices,  or  smokers  of  any  kind  to  drive  fur-bearing  animals  out  of 
their  holes,  dens  or  houses. 

§  37.     Ferrets,  use  of.]     It  shall  be  unlawful : 

(a)  For  any  person  to  hunt,  kill,  take  or  destroy,  or  attempt  to 
hunt,  kill,  take  or  destroy,  rabbits,  squirrels  or  any  fur-bearing  animal 
with,  through  the  use  of  or  by  the  aid  of  a  ferret. 

(b)  To  place  a  ferret  in  any  hole  or  opening  in  the  ground,  a 
stone  wall,  log,  or  hollow  tree  where  rabbits,  squirrels  or  fur-bearing 
animals  may  be  found,  or  for  any  person  to  have  a  ferret  in  his  or  her 
possession  or  control  in  a  field  or  forest,  or  in  any  vehicle  on  the  high- 
ways going  to  or  from  hunting  territory. 

§  38.     Unlawful  methods  of  hunting.]     It  shall  be  unlawful: 

(a)  To  hunt,  kill,  take  or  destroy,  or  attempt  to  hunt,  kill,  take 
or  destroy  game  birds,  rabbits,  squirrels,  or  fur-bearing  animals  from 
any  automobile  or  vehicle  of  any  kind  propelled  by  mechanical" power, 
by  the  use  of  the  lights  thereof  or  any  light  used  from  such  vehicle. 

(b)  It  shall  be  unlawful  for  any  person  to  trap  or  hunt  with  a 
gun  or  a  dog,  or  allow  a  dog  to  hunt  within  or  upon  the  land  of  an- 


ANIMALS    AND    BIRDS.  37 


other,  or  upon  waters  flowing  over  or  standing  on  the  land  of  another, 
without  first  obtaining  permission  so  to  do  from  the  owner,  agent  or 
occupant  of  such  land,  and  it  shall  be  further  unlawful  for  any  person 
to  wantonly  or  carelessly  injure  or  destroy,  in  any  manner  whatsoever, 
any  real  or  personal  property  on  the  land  of  another  while  engaged  in 
trapping  or  hunting  thereon. 

Article  5. 
licenses. 

(a)  HUNTING  LICENSES. 

(b)  TRAPPING  LICENSES. 

(c)  NON-RESIDENT    PISHING    LICENSES,    FISHING    DEVICE    LICENSES, 

MUSSEL    LICENSES,    PISH    MARKET    AND    DEALERS'    LICENSES. 

(d)  MISCELLANEOUS    LICENSES    AND   PERMITS. 

(a)       HUNTING   LICENSES. 

§  39.     Unlawful  to  hunt  without.]     It  shall  be  unlawful: 

To  hunt,  take,  pursue  or  kill  with  a  gun,  or  by  any  other  means, 
any  of  the  game,  wild  animals,  frogs,  wild  fowls  or  birds  protected  or 
named  in  this  Act,  without  first  having  procured  a  license  so  to  do,  and 
then  only  during  the  respective  periods  of  the  year  when  it  shall  be 
lawful. 

§  40.  Conditions.]  Hunting  licenses  will  be  issued  to  no  person 
under  the  age  of  sixteen  years,  without  the  written  request  of  the 
father  or  mother  or  legally  constituted  guardian  of  such  person. 

Hunting  licenses  will  be  issued  (a)  to  residents  of  the  State  of 
Illinois  and  citizens  of  the  United  States;  (b)  to  non-residents  of  the 
State  of  Illinois,  but  citizens  of  the  United  States;  (c)  to  foreign  born 
persons  who  have  procured  their  final  naturalization  papers,  and  to  the 
minor  children  of  such  persons. 

§  41.  Applications  and  fees.]  Applications  for  hunting  licenses 
shall  be  made  to  any  county,  city  or  village  clerk ;  shall  be  executed  and 
sworn  to  and  shall  set  forth  the  name  of  the  applicant,  his  or  her  age, 
height,  weight  and  color  of  hair,  occupation,  place  of  residence  and 
place  of  birth,  and  if  a  naturalized  citizen,  the  date  of  final  naturalization 
papers  and  the  court  by  which  issued,  and  if  a  minor  child  of  a  natural- 
ized citizen,  the  date  of  the  final  naturalization  papers  of  his  or  her 
father  and  the  court  by  which  such  papers  were  issued.  If  the  appli- 
cant is  a  naturalized  citizen,  or  the  child  of  a  naturalized  citizen,  the 
final  naturalization  papers  of  the  applicant,  or  in  the  case  of  a  minor, 
of  the  applicant's  father,  must  be  submitted  to  the  clerk  to  whom  the 
application  is  made. 

The  fee  for  a  hunting  license  for  a  resident  of  the  State  of  Illinois 
shall  be  seventy-five  cents  and  clerk's  fee  of  twenty-five  cents  for  ad- 
ministering the  oath  to  the  applicant  and  issuing  the  license;  for  a  non- 
resident of  the  State  of  Illinois,  the  fee  shall  be  ten  dollars  and  clerk's 
fee  of  fifty  cents  for  administering  the  oath  to  the  applicant  and  issuing 
the  license. 


38  ANIMALS    AND    BIRDS. 


All  hunting  licenses  shall  expire  upon  the  31st  day  of  March  of 
each  year. 

§  42.  When  licenses  not  required.]  The  owners  and  tenants 
of  farm  lands  and  their  children  actually  residing  on  such  lands,  shall 
have  the  right  to  hunt,  take  and  kill  game,  wild  animals,  frogs,  wild 
fowls  and  birds  of  the  kind  permitted  to  be  hunted,  taken  or  killed  by 
the  provisions  hereof,  upon  such  lands  and  waters  thereon,  of  which  they, 
or  their  parents,  are  the  bona  fide  owners  or  tenants,  during  the  seasons 
when  it  is  lawful  so  to  do,  without  procuring  hunting  licenses. 

The  owners  and  tenants  of  lands  may  destroy  any  wild  animal  or 
wild  bird,  other  than  a  game  bird,  when  such  wild  animal  or  wild  bird  is 
destroying  property  upon  his  or  her  land,  but  no  poison  or  poisonous 
substance  shall  be  used  as  a  means  of  destroying  such  wild  animal  or  bird. 

(b)       TRAPPING   LICENSES. 

§  43.     Unlawful  to  trap  without.]     It  shall  be  unlawful: 

To  trap  or  attempt  to  trap  any  of  the  fur-bearing  animals  protected 
by  this  Act,  without  first  having  procured  a  license  so  to  do. 

§  44.  Conditions.]  Trapping  licenses  will  be  issued  to  no  per- 
son under  the  age  of  sixteen  years  without  the  written  request  of  the 
father  or  mother  or  legally  constituted  guardian  of  such  person. 

Trapping  licenses  will  be  issued  (a)  to  residents  of  the  State  of 
Illinois  and  citizens  of  the  United  States;  (b)  to  non-residents  of  the 
State  of  Illinois,  but  citizens  of  the  United  States;  (c)  to  foreign  born 
persons  who  have  procured  their  final  naturalization  papers,  and  to  the 
minor  children  of  such  persons. 

§  45.  Applications  and  fees.]  Applications  for  trapping 
licenses  shall  be  made  to  any  county,  city  or  village  clerk;  shall  be 
executed  and  sworn  to,  and  shall  set  forth  the  name  of  the  applicant,  his 
or  her  age,  height,  weight  and  color  of  hair,  occupation,  place  of  resi- 
dence and  place  of  birth,  and  if  a  naturalized  citizen,  the  date  of  final 
naturalization  papers  and  the  court  by  which  issued,  and  if  a  minor 
child  of  a  naturalized  citizen,  the  date  of  the  final  naturalization  papers 
of  his  or  her  father  and  the  court  by  which  such  papers  were  issued.  If 
the  applicant  is  a  naturalized  citizen,  or  the  child  of  a  naturalized  citi- 
zen, the  final  naturalization  papers  of  the  applicant,  or  in  the  case  of  a 
minor,  of  the  applicant's  father,  must  be  submitted  to  the  clerk  to  whom 
the  application  is  made. 

The  fee  for  a  trapping  license  for  a  resident  of  the  State  of  Illinois 
shall  be  sevent}'-five  cents,  and  clerk's  fee  of  twenty-five  cents  for  admin- 
istering the  oath  to  the  applicant  and  issuing  the  license;  for  a  non- 
resident of  the  State  of  Illinois,  the  fee  shall  be  ten  dollars  and  clerk's 
fee  of  fifty  cents  for  administering  the  oath  to  the  applicant  and  issuing 
the  license. 

All  trapping  licenses  shall  expire  upon  the  15th  of  March  of 
each  year. 

§  46.  Report  of  sales  and  shipments.]  It  shall  be  the  duty 
of  each  and  every  holder  of  a  trapping  license  to  make  a  report  to  the 
Department,   within  thirty  days  after  the  expiration   of  license,  upon 


ANIMALS    AND   BIRDS.  39 


blanks  supplied  by  the  Department  for  such  purpose,  of  all  hides  of  fur- 
bearing  animals  taken,  sold,  shipped  or  dealt  in,  together  with  the  names 
and  addresses  of  the  parties  to  whom  the  same  were  sold  or  shipped. 
Failure  on  the  part  of  the  holder  of  any  trapping  license  to  make  such 
report  as  hereinabove  required,  shall  prevent  his  or  her  securing  a  sub- 
sequent trapping  license. 

§  47.  When  licences  not  required.]  The  owners  and  tenants 
of  farm  lands,  and  their  children,  actually  residing  on  such  lands,  shall 
have  the  right  to  trap  fur-bearing  animals  upon  such  lands  of  which 
they,  or  their  parents,  are  the  bona  fide  owners  or  tenants,  during  the 
season  when  it  is  lawful  so  to  do,  without  procuring  trapping  licenses. 

(c)     non-resident    fishing    licenses,    fishing    device    licenses, 

MUSSEL  LICENSES,  FISH  MARKET  AND  DEALERS'  LICENSES. 

§  48.  Non-resident  fishing  licenses.]  It  shall  be  unlawful 
for  any  male  person,  over  the  age  of  eighteen  years,  who  is  a  non-resident 
of  the  State,  to  fish  or  catch  fish  or  to  attempt  to  catch  fish,  with  a  hook 
and  line,  or  by  any  other  means  whatsoever,  in  any  waters  wholly  or  in 
part  within  the  jurisdiction  of  the  State,  without  first  obtaining  a  license 
so  to  do. 

Such  licenses  may  be  procured  from  county,  city  and  village  clerks 
upon  the  payment  of  a  fee  of  one  ($1)  dollar  and  a  fee  of  twenty-five 
cents  to  the  clerk  issuing  same. 

Such  licenses  shall  expire  on  the  thirty-first  day  of  December  of 
each  year. 

§  49.  Seine  and  net  licenses.]  It  shall  be  unlawful  to  use  or 
operate,  or  attempt  to  use  or  operate  any  seine,  clip  net,  hoop  net,  fyke 
net,  basket  or  trap  net,  pound  or  gill  net  without  first  obtaining  a  license 
so  to  do. 

Applications  for  such  licenses  shall  be  made  to  any  county,  city  or 
village  clerk. 

Fees  for  such  licenses  for  residents  of  the  State  shall  be  as  follows : 

(a)  For  each  one  hundred  (100)  yards  of  seine,  or  less  (except 
minnow  seines),  ten  ($10)   dollars. 

(b)  For  each  clip  net,  one  ($1)  dollar;  hoop  or  fyke  net,  one  ($1) 
dollar;  basket  or  trap  net,  fifty  (50c)  cents. 

(c)  For  each  steam  tug  used  in  operating  gill  or  pound  nets, 
twenty-five  ($25)  dollars. 

(d)  For  each  gasoline  launch  used  in  operating  gill  or  pound  nets, 
fifteen  ($15)  dollars. 

(e)  For  each  sail  boat,  or  row  boat  used  in  operating  gill  or  pound 
nets,  ten  ($10)  dollars. 

In  addition  to  the  above  fees,  applicants  shall  pay  a  fee  to  the  clerk 
of  twenty-five  cents  for  issuing  each  seine,  tug  and  boat  license  and  a 
fee  of  ten  cents  for  each  net  license. 

Fees  for  such  licenses  for  non-residents  of  the  State  shall  be  as 
follows : 


40  ANIMALS    AND   BIRDS. 


(a)  For  each  one  hundred  (100)  yards  of  seine,  or  less  (except 
minnow  seines),  twenty  ($20)  dollars. 

(b)  For  each  clip  net,  two  ($2)  dollars;  hoop  or  fyke  net,  two 
($2)   dollars;  basket  or  trap  net,  one  ($1)   dollar. 

(c)  For  each  steam  tug  used  in  operating  gill  or  pound  nets,  two 
hundred  ($200)  dollars. 

(d)  For  each  gasoline  launch  used  in  operating  gill  or  pound  nets, 
fifty  ($50)  dollars. 

(e)  For  each  sail  or  row  boat  used  in  operating  gill  or  pound 
nets,  thirty  ($30)  dollars. 

In  addition  to  the  above  fees,  applicants  shall  pay  to  the  clerk 
issuing  licenses  a  fee  of  twenty-five  cents  for  each  license  issued. 

All  of  such  licenses  shall  expire  upon  the  1st  day  of  April  of  each 
year. 

Each  license  of  any  of  the  devices  or  both  hereinabove  named, 
shall  receive  from  the  clerk  issuing  such  licenses  a  metal  tag,  furnished 
by  the  Department,  which  shall  be  attached  to  the  device  or  boat  licensed 
in  such  a  manner  as  to  be  at  all  times  exposed  to  public  view. 

§  50.  Mussel  licenses.]  It  shall  be  unlawful  to  catch,  take  or 
kill  mussels,  or  attempt  so  to  do,  for  commercial  purposes,  without  a 
license. 

§  51.  Applications  and  fees.]  Applications  for  such  licenses 
shall  be  made  to  any  county,  city  or  village  clerk.  Fees  for  such  licenses 
for  residents  of  the  State  shall  be  one  ($1)  dollar  and  a  clerk's  fee  of 
twenty-five  cents;  twenty-five  ($25)  dollars  for  the  use  of  a  dredge,  and 
two  dollars  and  fifty  cents  ($2.50)  for  each  bar  used.  For  non-residents 
of  the  State  the  fee  shall  be  twenty-five  ($25)  dollars,  and  a  clerk's  fee 
of  fifty  cents;  twenty-five  ($25)  dollars  for  the  use  of  a  dredge,  and  two 
dollars  and  fifty  cents  ($2.50)  for  each  bar  used. 

Such-  licenses  shall  be  valid  only  from  the  15th  day  of  April  to  the 
30th  day  of  November,  both  inclusive,  of  each  year. 

§  52.  Effort  of  sales  and  shipments.]  On  or  before  the  31st 
day  of  December  of  the  year  in  which  any  such  license  is  issued,  the 
holder  thereof  shall  make  a  written  report  to  the  Department  on  blanks 
furnished  for  such  purpose,  stating  the  total  weight  of  mussels  taken, 
caught  or  killed  under  such  license  during  the  preceding  period, 'to- 
gether with  the  names  and  locations  of  waters  from  which  mussels  were 
taken  and  the  amount  of  money  received  for  the  shells.  Failure  on  the 
part  of  the  holder  of  any  mussel  license  to  make  such  a  report  shall 
prevent  his  or  her  securing  a  subsequent  mussel  license. 

§  53.  Wholesale  fish  market  and  dealers'  licenses.]  It 
shall  be  unlawful  for  any  person  to  conduct  a  wholesale  fish  market  for 
the  purpose  of  buying,  selling  or  shipping  fish,  or  as  a  wholesale  dealer 
to  buy,  sell  or  ship  any  fish  caught  or  taken  from  waters  wholly  or  in 
part  within  the  jurisdiction  of  the  State,  or  from  waters  over  which  the 
State  has  concurrent  jurisdiction  with  any  other  state,  without  procuring 
a  license  so  to  do. 


ANIMALS    AND   BIRDS.  41 


§  5-1.  Applications  and  fees.]  Such  licenses  will  be  issued  by 
the  Department  upon  the  receipt  of  written  applications,  made  out  upon 
blanks  furnished  by  the  Department,  which  shall  be  executed  by  the 
applicant  and  in  which  there  shall  be  set  forth  the  location  of  the  place 
or  places  of  business,  and  whether  the  application  is  made  by  an  indi- 
vidual, a  co-partnership  or  a  corporation.  If  the  application  is  made  by 
a  co-partnership,  each  member  of  the  co-partnership  shall  sign  the  same. 

The  fee  for  each  of  such  licenses  shall  be  twenty-five  ($25)  dollars. 

A  license  will  be  required  for  each  separate  wholesale  fish  market 
operated  by  an  individual,  a  co-partnership  or  a  corporation. 

Every  such  license  shall  expire  on  the  first  day  of  April  of  each  year. 

§  55.  Eeport  of  sales  'and  shipments.]  It  shall  be  the  duty 
of  each  holder  of  a  wholesale  fish  market  or  dealer's  license  to  make  to 
the  Department,  within  thirty  days  after  the  expiration  of  his  or  her 
license,  a  report  in  writing  upon  blanks  furnished  by  the  Department, 
of  all  fish  caught  or  taken  from  waters  wholly  or  in  part  within  the 
jurisdiction  of  the  State,  or  from  waters  over  which  the  State  has  con- 
current jurisdiction  with  any  other  state,  which  were  sold,  shipped  or 
transported.  Failure  on  the  part  of  any  holder  of  a  wholesale  fish 
market  or  dealer's  license  to  make  report  as  hereinabove  required,  shall 
prevent  his  or  her  securing  a  subsequent  wholesale  fish  market  or 
dealer's  license. 

(d)       MISCELLANEOUS  LICENCES  AND  PERMITS. 

§  56.     Taxidermist  licenses.]     It  shall  be  unlawful: 

To  engage  in  the  art  or  business  of  taxidermy  without  first  having 
procured  a  license  so  to  do.  Such  licenses  may  be  procured  from  the^ 
Department  upon  the  payment  of  an  annual  fee  of  five  ($5)  dollars. 

It  shall  be  unlawful  for  any  person  to  ship  to  a  licensed  taxider- 
mist any  fish,  wild  bird  or  wild  animal  lawfully  taken  or  killed,  by 
attaching  to  such  shipment  a  tag  or  label,  stating  the  number  and  kinds 
of  fish,  wild  birds  and  wild  animals  contained  in  the  shipment,  the 
name  and  address  of  the  shipper,  the  name  and  address  of  the  taxider- 
mist, and  that  such  fish,  wild  birds  or  wild  animals,  as  the  case  may 
be,  were  lawfully  taken  or  killed  and  are  shipped  for  the  purpose  of 
being  preserved  and  mounted  by  the  art  of  taxidermy. 

In  case  of  a  shipment  of  a  wild  bird  killed  by  virtue  of  a  permit 
issued,  authorizing  the  killing  of  the  same  for  scientific  purposes,  the 
shipper  shall  attach  to  the  tag,  or  label,  the  number  of  the  permit  issued 
for  such  purpose. 

It  shall  be  lawful  for  the  holder  of  a  taxidermist  license  to  receive 
from  any  person  the  carcass  of  any  fish,  wild  bird,  or  wild  animal  law- 
fully killed,  or  any  part  thereof,  to  be  preserved  and  mounted  by  the  art 
of  taxidermy,  and  to  ship  the  same  to  any  person  after  being  preserved 
and  mounted  by  attaching  to  such  shipment  a  tag  stating  the  name  of 
the  taxidermist  and  the  number  and  date  of  his  license. 

It  shall  be  lawful  for  a  licensed  taxidermist  possessed  of  a  permit 
authorizing  the  collecting  of  wild  birds  for  scientific  purposes,  to  dis- 


42  ANIMALS    AND   BIRDS. 


pose  of  mounted  specimens  thereof  for  scientific  and  instructive  pur- 
poses. 

Taxidermist  licenses  shall  expire  on  the  30th  day  of  June  of  each 
year. 

§  57.  Permits  to  collect  birds,  nests  and  eggs.]  Permits 
may  be  granted  by  the  Department  to  any  properly  accredited  person 
of  the  age  of  eighteen  (18)  years  and  upwards,  permitting  the  collection 
of  birds,  their  nests  and  eggs,  for  strictly  scientific  purposes. 

The  applicant  for  such  a  permit  shall  present  to  the  Department 
written  testimonials  of  at  least  two  well  known  scientific  men,  certifying 
to  the  good  character  and  fitness  of  such  applicant;  pay  an  annual  fee 
for  such  permit  of  five  ($5)  dollars,  and  shall  also  file  with  the  Depart- 
ment a  properly  executed  bond  in  the  sum  of  two  hundred  ($200)  dol- 
lars, with  two  responsible  sureties,  payable  to  the  People  of  the  State 
of  Illinois,  which  said  bond  shall  be  forfeited  to  the  State  and  the  per- 
mit issued  therewith  cancelled  upon  proof  that  the  holder  thereof  has 
killed  any  bird,  or  taken  the  nest  or  eggs  of  any  bird,  for  other  than 
strictly  scientific  purposes. 

Permits  authorizing  the  taking  of  birds,  their  nests  and  eggs,  for 
scientific  purposes  shall  expire  upon  the  30th  clay  of  June  of  each  year. 

§  58.  Permits  for  shipment  of  game.]  Permits  for  the  ship- 
ment of  game  to  the  holder  of  a  hunting  license  will  be  issued  by  the 
Department,  upon  the  receipt  of  an  executed  and  sworn  application, 
stating  the  name  of  the  applicant,  his  or  her  age,  occupation,  place  of 
residence,  hunting  license  number,  and  that  the  game  to  be  shipped 
shall  be  consigned  by  and  to  the  applicant  at  one  destination  only,  and 
that  the  same  shall  not  be  shipped  for  commercial  purposes. 

The  holder  of  such  a  permit  may  offer  for  shipment  and  have  trans- 
ported, not  to  exceed  three  separate  shipments  of  game  during  the  period 
of  time  covered  by  his  hunting  license.  Such  shipments  shall  not  be 
made  oftener  than  once  in  four  days,  and  no  one  shipment  shall  exceed 
the  possession  bag  limit. 

Upon  offering  game  for  shipment,  the  permit  shall  be  presented 
to  the  agent  of  the  transportation  company,  who  shall  endorse  in  ink 
thereon  the  name  of  the  station  from  which  shipment  is  made,  the  des- 
tination which  must  correspond  with  the  address  of  the  holder  of  the 
permit  stated  therein,  the  date  of  the  shipment,  the  number  of  each 
variety  of  game  contained  therein  and  the  agent's  signature. 

If  a  permit  presented  with  a  consignment  of  game  for  shipment 
shows  by  endorsements  thereon  that  the  number  of  shipments  permitted 
has  already  been  made  thereunder,  it  shall  be  unlawful  for  any  trans- 
portation company,  common  carrier  or  agent  or  employee  thereof  to 
accept  the  consignment  proffered  for  shipment. 

Shipments  of  game  birds  and  animals  under  such  a  permit  shall 
be  open  to  inspection  and  shall  have  firmly  attached  thereto  a  tag  upon 
iwhich  shall  be  stated  the  name  of  the  consignor  (who,  under  the  pro- 
visions hereof,  is  also  the  consignee),  the  destination,  the  number  of 


ANIMALS    AND    BIRDS.  43 


the  permit,  the  number  of  the  hunting  license  and  the  quantity  of  each 
variety  of  game  contained  in  the  shipment. 

Not  more  than  one  permit  shall  be  issued  to  any  person  during  the 
time  covered  by  his  or  her  hunting  license,  and  such  permits  shall  expire 
on  the  31st  day  of  March  next  succeeding  the  date  of  issuance. 
The  fee  for  each  shipping  permit  shall  be  one  ($1)  dollar. 
§  59.  Breeders'  permits.]  Any  person  engaging  in  the  business 
of  raising  wild  game  in  captivity  shall  make  application  to  the  Depart- 
ment in  writing  for  and  procure  a  permit  so  to  do.  The  Department, 
when  it  shall  appear  that  such  application  is  made  in  good  faith,  shall 
issue  a  breeder's  permit,  permitting  the  applicant  to  breed  and  raise 
wild  game  in  captivity,  and  to  sell  the  same  alive  at  any  time  for  breed- 
ing and  propagation  purposes,  and  to  kill,  sell  and  transport  the  carcasses 
thereof  for  food. 

When  any  carcasses  of  a  game  bird  or  animal  so  raised  in  captivity, 
shall  be  by  the  holder  of  such  a  permit  sold,  a  written  report  of  such  sale 
and  the  date  thereof,  the  number  of  carcasses  sold  and  to  whom  sold  and 
for  what  purposes,  shall  be  immediately  sent  to  the  Department. 

The  fee  for  such  a  permit  shall  be  five  ($5)  dollars  a  year  and  the 
same  shall  expire  upon  the  30th  day  of  June  of  each  year. 

§  60.  Fur-bearing  animal  permits.]  Any  person  engaged  in 
the  business  of  breeding  and  raising  fur-bearing  animals  for  their  fur 
and  propagation  purposes  shall  make  application  to  the  Department 
and  procure  a  permit  so  to  do. 

The  fee  for  such  a  permit  shall  be  two  ($2)  dollars  and  the  same 
shall  expire  on  the  30th  day  of  June  of  each  year. 

§  61.  General  provisions.]  Whenever  a  license  or  permit  is 
issued  to  any  person  under  the  provisions  of  this  Act,  and  the  holder 
thereof  shall  violate  or  shall  be  found  guilty  of  a  violation  of  any  of  the 
provisions  hereof,  the  license  or  permit  so  issued  to  such  person  may  be 
revoked  by  the  Department. 

It  shall  be  the  duty  of  every  person  holding  any  license  or  permit 
issued  under  the  provisions  hereof,  to  present  the  same  for  inspection 
to  the  officers  and  employees  of  the  Department,  to  any  sheriff,  deputy 
sheriff,  constable,  or  any  other  police  officer  making  demand  for  same. 

Licenses  and  permits  authorized  to  be  issued  under  the  provisions 
hereof  shall  be  prepared  by  the  Department,  be  in  such  form  as  pre- 
scribed by  the  Department,  shall  bear  the  signature  of  the  Director  of 
the  Department  of  Agriculture,  shall  be  signed  by  the  licensee,  and  such 
as  are  provided  to  be  issued  by  county,  city,  and  village  clerks  shall  be 
countersigned  by  them  when  issued  and  shall  be  by  the  Department 
supplied  to  them,  subject  to  such  rules  and  regulations  as  the  Depart- 
ment may  prescribe. 

County,  city  and  village  clerks  receiving  licenses  provided  for  herein 
from  the  Department  shall  execute  and  deliver  receipts  therefor;  shall 
on  or  before  10th  day  of  each  month  report  in  writing  to  the  Depart- 
ment the  number  and  kind  of  licenses  sold  during  the  preceding  month, 
and  shall  with  such  reports  make  remittances  to  the  Department,  cover- 


44  ANIMALS   AND   BIRDS. 


ing  the  amounts  due  it  from  such  sales.  Failure  of  any  county,  city  or 
village  clerk  to  make  remittances  of  moneys '  received  from  the  sale  of 
licenses  as  hereinabove  provided,  shall  render  such  clerk  liable  to  pun- 
ishment for  embezzlement. 

Within  ten  days  after  the  expiration  of  the  time  in  which  any  class 
of  licenses  are  useable  [usable],  the  respective  clerks  possessed  of  blank 
forms  thereof  shall  return  same  to  the  Department  by  express,  with  ex- 
press charges  collect. 

County,  city  and  village  clerks  shall  not  be  permited  to  make  de- 
ductions from  remittances  sent  to  the  Department  for  either  postage  or 
for  the  cost  or  fees  for  drafts  or  money  orders. 

County,  city  or  village  clerks  handling  or  selling  licenses  as  afore- 
said shall  be  liable  to  the  State,  personally  and  on  their  official  bonds, 
for  the  full  value  of  licenses  sold  and  unaccounted  for  as  herein  pro- 
vided. 

No  person  sball  at  any  time  alter  or  change  in  any  manner,  or  loan 
or  transfer  to  another,  any  license  or  permit  issued  under  the  provisions 
hereof. 

Article  6. 

(a)     transportation  of  game,     (b)     transportation  oe  fish. 

(a)     transportation  of  game, 

§  62.  Transportation  and  shipment.]  Whenever  the  words 
"transport"  and  "ship"  are  used  in  this  Act,  they  shall  mean  by  parcel 
post,  express,  freight,  baggage  or  by  a  common  carrier  of  any  descrip- 
tion; or  by  automobile,  motorcycle  or  other  vehicle  of  any  kind;  or  by 
water  or  air  craft  of  any  kind. 

§  63.  Transportation  within  the  state.]  It  shall  be  unlaw- 
ful to  ship  or  transport  within  the  State  any  of  the  game  birds  or  wild 
animals  protected  herein,  unless  the  same  shall  be  under  a  shipping 
permit  issued  under  and  subject  to  the  provisions  of  section  58  of  Arti- 
cle 5,  or  unless  the  same  shall  be  in  the  personal  possession  of  and  car- 
ried open  to  inspection  by  the  owner  thereof,  and  such  person  shall  have 
in  his  or  her  possession  at  the  time  a  hunting  license  duly  issued  to  him 
or  her  under  the  provisions  hereof. 

§  64.  Transportation  out  of  the  state.]  It  shall  be  unlawful 
for  a  non-resident  of  the  State  to  take  from  the  State  to  exceed  in  the 
aggregate  fifty  game  birds  and  animals  of  all  kinds  protected  by  the 
provisions  hereof.  The  same  shall  be  carried,  open  to  inspection  in  the 
personal  possession  of  the  owner  thereof  who  shall  have  in  his  or  her 
possession  at  the  time  a  non-resident  hunting  license. 

§  65.  Transportation  from  without  the  state.]  It  shall  be 
unlawful  for  any  transportation  company  or  common  carrier  to  trans- 
port into  this  State  from  without  the  State  any  game  bird  or  wild  ani- 
mal protected  under  the  provisions  hereof,  except  rabbits  between  the 
1st  day  of  November  and  the  31st  day  of  January  (both  inclusive)  of 
the  succeeding  year,  and  deer  lawfully  killed  and  lawfully  shipped. 


ANIMALS    AND    BIRDS.  45 


§  66.  Transportation  of  game  raised  in  captivity.]  It  shall 
be  unlawful  to  transport,  or  for  any  transportation  company  or  common 
carrier,  to  accept  for  shipment  any  game  birds  or  wild  animals  raised  in 
captivity,  or  carcasses  thereof  unless  the  same  shall  be  offered  for  ship- 
ment by  the  holder  of  a  breeder's  permit,  authorized  tol  be  under 
the  provisions  hereof,  and  such  shipment  shall  be  plainly  tagged  so  as 
to  show  the  contents  thereof,  the  name  of  the  shipper,  his  place  of  resi- 
dence, the  place  from  where  the  shipment  is  made,  its  destination,  name 
of  the  consignee  and  the  number  and  date  of  the  breeder's  permit. 

(b)     transportation  of  fish. 

§  67.  Transportation  of  fish.]  It  shall  be  unlawful  for  any 
railroad  company,  express  company,  steamboat  company  or  common 
carrier  to  receive  from  any  person  any  fish  caught  or  taken  in  or  from 
any  waters,  wholly  or  in  part  within  the  jurisdiction  of  the  State  or 
over  which  the  State  has  concurrent  jurisdiction  with  any  other  state, 
for  shipment  unless  the  peison  so  tendering  such  fish  for  shipment  has 
obtained  and  presents  a  wholesale  fish  market  or  dealer's  license  as  pro- 
vided for  herein. 

There  shall  be  attached  to  every  box,  barrel,  crate  or  other  recep- 
tacle containing  fish  shipped,  or  offered  for  shipment,  a  tag  on  which 
shall  be  printed  or  written,  or  partly  printed  and  partly  written,  the  dif- 
ferent varieties  of  fish  contained  therein,  the  number  of  pounds  of  each 
variety,  the  name  and  place  of  business  of  the  consignor,  and  of  the 
consignee,  and  the  number  of  the  wholesale  'fish  market  or  dealer's  license 
of  the  consignor. 

It  shall  be  unlawful  to  falsely  label  any  tag  attached  to  any  box, 
barrel,  crate  or  other  receptacle  in  which  fish  are  shipped,  or  cause  the 
same  to  be  done  or  to  conceal  or  to  attempt  to  conceal  the  information 
herein  above  provided  to  be  placed  upon  such  tag. 

It  shall  be  lawful  for  any  person  to  carry  with  him  or  her,  or 
transport  as  baggage  on  any  train  or  conveyance  for  which  he  or  she 
has  purchased  a  transportation  ticket,  one  package  and  no  more  at  any 
one  time  during  any  one  day,  containing  not  more  than  twenty-five  (25) 
black  bass,  pike  pickerel  or  pike  perch  (commonly  known  as  wall-eyed 
pike,  jack  or  yellow  salmon)  legally  caught  and  taken  in  the  waters 
under  the  jurisdiction  of  the  State.  When  such  a  package  is  offered 
as  baggage,  the  same  shall  be  plainly  labeled  so  as  to  show  the  name  of 
the  person  transporting  same  and  the  place  to  which  it  is  to  be  trans- 
ported. 

Article  7. 

(a)     game,  fish  and  mussel  preserves.     (b)     propagation  of  game 
and  fish.     (c)     dams  and  fishways. 

§  68.  Game  preserves.]  The  Department  shall  have  power  and 
authority  to  establish  reservations  or  refuges,  wherever  it  shall  be  deemed 
necessary  or  feasible,  for  the  protection  and  propagation  of  game  birds 


46  ANIMALS    AND   BIEDS. 


and  wild  animals  and  refuges  and  sanctuaries  for  song  and  insectivorous 
birds.  The  land  for  such  reservations  shall  be  leased  by  the  State  at  a 
nominal  rental  of  one  dollar  a  year  for  each  parcel.  On  such  reserva- 
tions the  Department  may  plant  not  to  exceed  five  acres  for  each  one 
thousand  acre  reservation  in  suitable  grain  for  feed,  and  for  such  parcels 
so  planted  the  Department  may,  if  required  so  to  do,  pay  a  rental  not 
to  exceed  the  usual  and  customary  rentals  of  similar  land  in  the  locality. 

It  shall  be  unlawful  to  hunt,  kill,  destroy,  trap  or  ensnare  in  any 
manner  any  birds  or  wild  animals  found  upon  any  such  reservation. 

Notices  of  the  establishment  of  game  preserves  shall  be  posted  in 
conspicuous  places  surrounding  the  same. 

The  Department  shall  have  power  and  authority  to  set  aside 
designated  lands  and  bodies  of  water,  or  parts  thereof,  as  rest  grounds 
or  refuges  for  water  fowls  and  shore  birds  for  conservation  purposes, 
and  to  prevent  the  hunting,  taking  or  killing  of  water  fowls  and  shore 
birds  found  upon  such  rest  grounds  or  refuges  so  set  aside  and  estab- 
lished. 

Notices  of  the  establishment  and  setting  aside  of  such  rest  grounds, 
or  refuges  shall  be  inserted  once  in  a  newspaper  of  general  circulation 
published  in  the  county  seat  of  the  county  in  which  such  lands  or  waters 
are  located,  and  notices  shall  also  be  posted  in  conspicuous  places  sur- 
rounding such  rest  grounds  or  refuges. 

It  shall  be  unlawful  to  hunt,  kill,  destroy  or  attempt  to  hunt,  kill 
or  destroy  any  water  fowls  or  shore  birds  upon  any  such  rest  ground  or 
refuge. 

§  69.  Fish  preserves.]  The  Department  shall  have  power  and 
authority,  in  its  discretion,  to  set  aside  waters  within  the  jurisdiction  of 
the  State  as  fish  preserves,  in  which  it  shall  be  unlawful  to  take,  catch 
or  kill  fish,  or  attempt  so  to  do,  except  as  hereinafter  provided. 

Upon  the  establishment  of  such  fish  preserves,  notices  of  such  estab- 
lishment shall  be  inserted  once  in  a  newspaper  regularly  published  in 
each  of  the  counties  in  which  such  designated  waters  are  located,  or  if 
there  be  no  newspaper  published  in  any  such  county,  then  notice  of  such 
establishment  shall  be  once  inserted  in  a  newspaper  published  in  the 
county  nearest  to  which  such  waters  are  located. 

Notices  of  the  establishment  of  such  fish  preserves  shall  also  be 
posted  in  conspicuous  places  surrounding  or  along  the  route  of  the 
waters  designated. 

It  shall  be  unlawful  to  take,  catch  or  kill,  or  attempt  to  take,  catch 
or  kill,  any  fish  except  minnows,  in  a  duly  established  fish  preserve 
except  by  means  of  hooks  and  lines,  or  by  means  of  a  set,  trout  or  throw 
line,  and  set  lines  shall  not  be  baited  with  minnows,  chubs  or  frogs,  or 
anything  but  dead  bait. 

It  shall  be  unlawful  to  catch  or  take,  or  to  attempt  to  catch  or  take 
mussels  in  or  from  the  waters  of  any  fish  preserve  between  the  fifteenth 
clay  of  April  and  the  first  day  of  June,  both  inclusive,  of  any  year. 

§  70.  Mussel  preserves.]  The  Department  may  from  time  to 
time,  when  deemed  feasible  for  the  conservation  of  the  mussels  of  the 
State,  prescribe  waters  from  which  mussels  shall  not  be  taken  for  com- 


ANIMALS    AND   BIEDS.  47 


mercial  purposes  for  periods  of  time  not  exceeding  five  (5)  years,  except 
that  not  more  than  one-half  of  the  mussel  producing  waters  of  the  State 
shall  at  any  one  time  be  closed. 

Notices  of  mussel  preserves  so  established  shall  be  inserted  once  in 
a  newspaper  regularly  published  in  each  of  the  counties  in  which  the 
waters  designated  are  located,  or  if  there  be  no  newspaper  published  in 
any  such  county,  publication  of  such  notice  shall  be  made  in  a  newspaper 
published  in  the  county  nearest  to  such  waters. 

The  establishment  of  such  mussel  preserves  shall  not  become  effective 
until  thirty  days  after  such  publication. 

It  shall  be  unlawful  to  take,  catch  or  kill,  or  attempt  to  take,  catch 
or  kill  mussels  for  commercial  purposes  in  mussel  preserves  so  estab- 
lished. 

§  71.  Mutilation  of  notices.]  It  shall  be  unlawful  for  any 
person  to  deface,  obliterate,  tear  down  or  destroy  in  whole  or  in  part,  or 
attempt  to  deface,  obliterate,  tear  down  or  destroy  any  notice  or  pro- 
clamation posted  pursuant  to  the  provisions  of  this  article. 

(b)       PEOPAGATION   OF   GAME   AND   FISH. 

§  72.  Propagation  of  game.]  The  Department  and  persons 
specially  authorized  by  it,  may  catch,  take,  ensnare  or  entrap  any  game 
or  wild  birds  or  wild  animals  for  propagation  and  stocking  purposes, 
and  when  so  taken  may  transmit  them  to  parts  of  the  State  where  a 
scarcity  of  may  [any]  such  game  or  wild  birds  or  animals  exist,  for  the 
purpose  of  re-stocking  such  parts  of  the  State. 

The  Department  shall  have  power  and  authority  to  select  and  pur- 
chase, receive  in  donation  or  acquire,  in  accordance  with  the  laws  re- 
lating to  eminent  domain,  suitable  lands  for  the  breeding,  hatching, 
propagation  and  conservation  of  game  birds,  wild  animals  and  song  or 
insectivorous  birds. 

§  73.  Propagation  of  fish.]  The  Department  and  persons 
specially  authorized  by  it,  may  catch  and  take  fish  in  any  way  at  any 
time,  from  such  waters  as  may  be  deemed  feasible  and  remove  therefrom 
objectionable  fish  such  as  gar  and  hickory  shad  and  rough  fish  such  as 
carp,  buffalo,  red  horse,  shad  and  suckers,  for  propagation  purposes  and 
for  the  welfare  of  fish  remaining  in  such  waters. 

The  Department  and  persons  specially  authorized  by  it,  may  further 
rescue  fish  from  shallow  waters,  where  fish  are  liable  to  die  as  a  result 
of  a  drought. 

The  Department  shall  take  all  measures  within  its  means  for  the 
propogation  and  increase  of  native  fish  and  for  the  introduction  of  new 
varieties  of  fish  into  ine  different  waters  of  the  State. 

The  Department  shall  have  power  and  authority  to  select  and  pur- 
chase, receive  in  donation,  or  acquire  in  accordance  with  the  laws  relative 
to  eminent  domain,  suitable  submerged  or  partly  submerged  lands  for 
the  breeding,  hatching,  propagation  and  conservation  of  fish. 


48  ANIMALS    AND   BIRDS. 


(c)       DAMS  AND  FISHWAYS. 

§  74.  Dams  and  fishways.]  It  shall  be  the  duty  of  every  person 
who  owns  or  controls,  or  who  may  hereafter  own  or  control  any  dam  or 
other  obstruction  across  any  watercourse  within  the  .jurisdiction  of  the 
State,  to  erect  or  cause  to  be  erected,  in  connection  with  such  dam,  or 
obstruction,  a  durable  and  efficient  fishway,  so  that  fish  in  such  water- 
course may  have  free  access  over  or  through  such  dam  or  obstruction. 
Such  dams,  obstructions  and  fishways  built  or  erected  therein  shall  be 
kept  in  good  repair  by  the  person  owning  or  controlling  the  same,  so  as 
to  at  all  times  permit  of  the  passage  of  fish  over  or  through  the  same. 

In  case  the  owner  or  person  operating  or  using  any  dam  or  other 
obstruction  across  any  watercourse  in  the  State  shall  fail  or  refuse  after 
ten  days'  notice  in  writing  by  the  Department,  to  construct  or  repair  a 
fishway,  the  Department  may  construct  or  repair  the  same  and  recover 
the  cost  thereof  from  the  owner  of  such  dam  or  obstruction  in  any  court- 
of  competent  jurisdiction.  No  owner,  or  party  in  control  of  any  dam  or 
obstruction  to  any  watercourse  within  the  State,  shall  be  required  to 
construct  a  fishway  in  such  a  manner  as  to  endanger  the  permanent 
durability  of  such  clam  or  obstruction,  or  to  impair  their  usefulness,  and 
every  owner  of  such  dam  or  obstruction  shall,  after  the  construction  or 
repair  of  fishways  therein,  or  construction  or  repair  thereof  by  the  State 
and  after  the  payment  of  the  cost  thereof,  be  entitled  to  receive  a  certifi- 
cate from  the  Department  to  the  effect  that  such  fishways  have  been 
constructed  or  repaired  in  compliance  with  the  provisions  of  the  law. 

The  Department  shall  determine  the  location,  character  and  kind  of 
fishways  to  be  built  in  dams  or  obstructions  where  none  exist,  and  in  case 
any  differences  arise  between  the  Department  and  the  owner  of  a  dam 
or  obstruction  over  a  watercourse  within  the  State,  with  reference  to 
such  questions,  or  with  reference  to  the  impairing  of  the  usefulness  of 
such  a  dam  or  obstruction  by  the  construction  of  fishways  therein,  the 
same  shall  be  submitted  to  a  board  of  arbitrators,  one  to  be  chosen  by 
the  Department,  one  by  the  owner  of  such  dam  or  obstruction  and  the 
third  to  be  chosen  by  the  two,  or  if  they  are  unable  to  agree,  then  by  the 
Governor  of  the  State,  and  the  decision  of  the  three  arbitrators  shall  be 
binding  upon  both  the  Department  and  the  owner  of  such  clam  or 
obstruction. 

Article  8. 

j 

prosecutions,  confiscations,  search  warrants  and  penalties. 

§  75.  Duties  of  officers  and  employees  of  the  department 
antd  other  officers.]  It  shall  be  the1  duty  of  all  duly  accredited  offi- 
cers and  employees  of  the  Department,  and  all  sheriffs,  deputy  sheriffs, 
constables  and  other  police  officers  to  arrest  any  person  detected  in  viola- 
tion of  any  of  the  provisions  of  this  Act. 

It  shall  further  be  the  duty  of  all  such  officers,  to  make  prompt 
investigation  of  any  violations  of  the  provisions  of  this  Act  reported  by 
any  other  person,  and  to  cause  a  complaint  to  be  filed  before  a  court 


ANIMALS   AND   BIRDS.  49 


having  jurisdiction  thereof  in  case  there  seems  just  ground  for  sucli 
complaint  and  evidence  procurable  to  support  the  same. 

Upon  the  filing  of  such  a  complaint,  it  shall  be  the  duty,  of  such 
officers  to  render  assistance  in  the  prosecution  of  the  party  complained 
against. 

Sheriffs,  deputy  sheriffs,  constables  and  other  police  officers  making 
arrests  and  serving  warrants  under  the  provisions  hereof  shall  receive 
the  same  fees  and  mileage  as  constables  are  entitled  to  in  similar  cases, 
under  the  provisions  of  the  statutes  of  the  State,  and  shall  also  be 
entitled  to  one-half  of  the  fines  imposed  and  collected  for  violations  of 
the  provisions  hereof  in  cases  where  they  have  filed  complaints. 

Each  duly  accredited  officer  and  employee  of  the  Department  shall 
have  full  authority  to  execute  and  serve  all  warrants  and  processes  issued 
by  any  justice  of  the  peace,  police  magistrate  or  by  any  court  having 
jurisdiction  under  the  law  relative  to  the  enforcement  of  the  provisions 
hereof. 

§  76.  Courts —  duty  of  state's  ATTORNEY.]  All  prosecution 
under  the  provisions  hereof  shall  be  brought  in  the  name  of  the  People 
of  the  State  of  Illinois  before  a  justice  of  the  peace,  police  magistrate 
or  before  any  court  having  jurisdiction  under  the  law  relative  to  the 
enforcement  of  the  provisions  hereof. 

It  shall  be  the  duty  of  all  State's  attorneys  to  see  to  it  that  the  pro- 
visions hereof  are  enforced  in  their  respective  counties,  and  to  prosecute 
all  persons  charged  with  violating  the  provisions  hereof. 

§  77.  Venue — limitation.]  All  prosecutions  under  the  pro- 
visions hereof  shall  be  brought  before  a  justice  of  the  peace,  police  magis- 
trate or  other  court  of  competent  jurisdiction  in  the  county  within  which 
the  offense  was  committed,  or  before  a  City  or  Municipal  Court  of  the  city 
within  which  the  offense  was  committed,  except  that  in  cases  where  the 
offense  charged  is  that  of  having  sold,  transported,  or  having  in  one's 
possession  game,  wild  animals,  wild  fowls,  birds,  fish,  mussels,  turtles 
or  frogs  in  violation  of  the  provisions  hereof,  prosecutions  may  be 
brought  before  a  justice  of  the  peace,  police  magistrate  or  other  court  of 
competent  jurisdiction  in  the  county  or  city  in  which  any  such  game;, 
wild  animals,  wild  fowls,  birds,  fish,  mussels,  turtles  or  frogs  are  found. 

All  prosecutions  under  the  provisions  hereof  shall  be  commenced 
within  one  year  from  the  time  the  offense  charged  was  committed. 

§  78.  Resistance  of  officers.]  It  shall  be  unlawful  for  any 
person  to  resist  or  obstruct  any  officer  or  emplo3-ee  of  the  Department  in 
the  discharge  of  his  duties  under  the  provisions  hereof. 

§  79.  False  representations.]  It  shall  be  unlawful  for  any 
person  to  falsely  represent  himself  to  be  an  officer  or  employee  of  the  De- 
partment, or  to  assume  to  so  act  without  having  been  duly  appointed  and 
employed  as  such. 

§  80.  Contraband.]  All  game,  wild  animals,  wild  fowls,  birds, 
fish,  mussels,  turtles  and  frogs  hunted,  killed,  taken  or  destroyed,  bought, 
sold  or  bartered,  shipped,  or  had  in  possession  contrary  to  any  of  the 

—4  L, 


50  ANIMALS    AND   BIRDS. 


provisions  hereof,  shall  be  and  the  same  are  declared  to  be  contraband, 
and  the  same  shall  be  subject  to  seizure  and  confiscation  by  any  officer  or 
emplo}ree  of  the  Department. 

§  81.  Searches.]  Officers  and  employees  of  the  Department  shall 
have  power  and  authority,  without  a  warrant,  to  enter  and  examine  all 
buildings  (except  dwellings)  fish  markets,  cold  storage  houses,  camps, 
vessels,  cars  (except  sealed  railroad  cars)  conveyances,  vehicles,  tents, 
game  bags,  game  coats  or  other  receptacles  and  to  open  and  examine  any 
box,  barrel,  package  or  other  receptacle  in  the  possession  of  a  common 
carrier,  which  they  have  reason  to  believe  contains  game,  wild  animals, 
wild  fowls,  birds,  fish,  mussels,  turtles  or  frogs  hunted,  killed,  taken  or 
destroyed,  bought,  sold  or  bartered,  shipped  or  had  in  possession  con- 
trary to  any  of  the  provisions  hereof,  or  that  the  receptacle  containing 
the  same  is  falsely  labeled. 

Officers  and  employees  of  the  Department  shall  be  given  free  access 
to  and  shall  not  be  hindered  or  interfered  with  in  their  examination  of 
buildings,  fish  markets,  cold  storage  houses,  camps,  vessels,  cars,  convey- 
ances, vehicles,  tents,  game  bags,  game  coats  or  other  receptacles,  and  in 
case  any  officer  or  employee  of  the  Department  is  declined  free  access  or 
is  hindered  or  interfered  with  in  making  such  examination,  any  license 
held  by  the  person  preventing  such  free  access  or  interfering  with  or 
hindering  such  officer  or  employe  shall  be  subject  to  revocation  by  the 
Department. 

§  82.  Evidence  of  illegality.]  The  possession  by  any  person  of 
any  fish,  mussels,  frogs  or  turtles,  under  the  size  or  weight  herein  pre- 
scribed shall  be  prima  facie  evidence  that  the  same  were  the  property  of 
the  State  at  the  time  they  were  caught,  taken  or  killed,  and  that  the  same 
were  caught,  taken  or  killed  within  the  State. 

The  possession  of  any  wild  animal,  wild  or  game  bird  or  any  wild 
animal,  wild  or  game  bird  found  in  transit,  which  shows  shotmarks  shall 
be  prima  facie  evidence  that  the  same  is  subject  to  all  of  the  provisions 
hereof,  pertaining  to  the  hunting,  taking  and  possession  thereof. 

Whenever  the  contents  of  any  box,  barrel,  package  or  receptacle  con- 
sists partly  of  contraband  and  partly  of  legal  game,  wild  animals,  wild 
fowls,  birds,  fish,  mussels,  turtles  or  frogs,  the  entire  contents  of  such 
box,  barrel,  package  or  other  receptacle  shall  be  subject  to  confiscation. 

Whenever  a  person  has  in  his  or  her  possession  in  excess  of  the 
number  of  wild  animals,  wild  fowls  or  birds  permitted  under  the  pro- 
visions hereof,  the  entire  number  of  game,  wild  fowls  or  birds  in  his  or 
her  possession  shall  be  subject  to  confiscation. 

§  83.  Disposition  of  contraband.]  Contraband  game,  wild 
animals,  wild  fowls,  birds,  fish,  mussels,  turtles  or  frogs  seized  and  con- 
fiscated in  accordance  with  the  provision  hereof,  shall  be  either  de- 
stroyed, donated  to  some  charitable  institution  of  the  State,  of  its 
counties  or  cities,  or  otherwise  disposed  of  as  directed  by  the  Depart- 
ment. 

§  84.  Search  warrants.]  Whenever  any  officer  or  employe  of 
the  Department,  sheriff,  deputy  sheriff,  constable  or  other  police  officer 
of  the  State  shall  have  reason  to  believe  that  any  person,  commercial 


ANIMALS    AND    BIRDS.  51 


institution,  commission  house,  restaurant  or'  cafe  keeper,  or  fish  dealer 
has  in  his,  her  or  its  possession  any  game,  wild  animals,  wild  fowls, 
birds,  fish,  mussels,  turtles  or  frogs  contrary  to 'the  provisions  hereof, 
he  may  file,  or  cause  to  be  filed,  his  sworn  complaint  to  such  effect  before 
a  court  of  competent  jurisdiction  and  procure  a  search  warrant  and 
execute  the  same.  Upon  the  execution  of  such  a  search  warrant,  the 
officer  executing  same  shall  make  due  return  thereof  to  the  court  issuing 
the  same,  together  with  an  inventory  of  all  the  game,  wild  animals,  wild 
fowls,  birds,  fish,  mussels,  turtles  or  frogs  taken  thereunder.  The  court 
shall  thereupon  issue  process  against  the  party  owning  or  controlling 
the  game,  wild  animals,  wild  fowls,  birds,  fish,  mussels,  turtles  or  frogs 
seized,  and  upon  the  return  thereof  it  shall  proceed  to  determine  whether 
or  not  the  same  were  held  or  possessed  in  violation  of  the  terms  hereof, 
and  in  case  of  a  finding  to  the  effect  that  the  same  were  so  illegally  held 
or  possessed,  a  judgment  shall  he  entered  against  the  owner  or  party 
found  in  possession  of  the  same  for  the  costs  of  the  proceeding  and  pro- 
viding for  the  disposition  of  the  property  seized,  as  provided  for  by  the 
terms  hereof. 

§  85.  Nuisances.]  Each  and  every  device,  including  a  ferret, 
used  or  operated,  or  attempted  to  be  used  or  operated,  by  any  person  in 
hunting,  taking,  catching,  killing  or  destroying  any  game,  wild  animals, 
wild  fowls,  birds,  fish,  mussels,  turtles  or  frogs,  contrary  to  any  of  the 
provisions  of  this  Act,  is  hereby  declared  to  be  a  public  nuisance  and 
subject  to  seizure  and  confiscation  by  any  officer  or  employee  of  the 
Department. 

Ferrets  and  every  device,  the  use  of  which  by  the  terms  of  this  Act 
is  wholly  prohibited,  shall  be  destroyed  upon  seizure. 

Upon  the  seizure  of  any  other  device,  because  of  the  illegal  use  of 
the  same,  the  officer  or  employee  of  the  Department  making  such  seizure 
shall  forthwith  cause  a  complaint  to  be  filed  before  a  justice  of  the 
peace,  police  magistrate,  or  other  court  of  competent  jurisdiction  and  a 
summons  to  be  issued  requiring  the  owner  or  party  in  possession  of 
such  device  to  appear  in  court  and  show  cause  why  the  device  seized 
should  not  be  forfeited  to  the  State.  In  case  of  failure  to  serve  such 
summons  upon  the  owner  of  such  device,  or  party  in  possession  of  the 
same  at  the  time  of  the  seizure  thereof,  notice  of  the  proceeding  before 
the  justice  of  the  peace,  police  magistrate,  or  other  court,  shall  be  given 
as  required  by  the  statutes  of  the  State  in  cases  of  attachment.  Upon 
the  return  of  the  summons  duly  served  or  upon  posting  or  publication 
of-  notice  made  as  hereinbefore  provided,  the  court  shall  proceed  to 
determine  the  question  of  the  illegality  of  the  use  of  the  device  seized, 
and  upon  judgment  being  entered  to  the  effect  that  such  device  was 
illegally  used,  an  order  shall  be  entered  providing  for  the  forfeiture  of 
the  device  seized  to  the  State. 

§  86.  Fine.]  Any  person  who  shall  be  found  guilty  of  violating 
any  of  the  provisions  of  paragraph  (b)  of  section  28  of  this  Act  shall 
be  fined  not  less  than  one  thousand  dollars  ($1,000),  or  imprisoned  in 
the  penitentiary  for  one  year,  or  both  fined  and  imprisoned,  in  the  dis- 
cretion of  the  court. 


52  ANIMALS    AND   BIRDS. 


Any  person  who  shall  be  found  guilty  of  violating  any  of  the  pro- 
visions of  sections  69  or  70  of  this  Act  shall  be  fined  not  less  than  fifty 
($50)  dollars,  nor  more  than  two  hundred  ($200)  dollars  for  each 
offense,  or  imprisoned  in  the  county  jail  not  less  than  thirty  (30)  days 
nor  more  than  sixty  (60)  days,  or  both  fined  and  imprisoned,  in  the 
discretion  of  the  court. 

Any  person  who  shall  be  found  guilty  of  violating  any  of  the  pro- 
visions of  sections  7,  8,  9,  10,  11,  12,  13,  14,  15,  16,  18,  22,  paragraphs 
(a),  (c),  (d),  and  (e)  of  28,  33,  39,  43,  50,  56,  57,  58,  59,  60,  61,  63, 
64,  65,  66,  67,  68,  71,  74,  78,  79  or  81  of  this  Act  shall  be  fined  not 
less  than  twenty-five  ($25)  dollars,  nor  more  than  oqe  hundred  ($100) 
dollars  for  each  offense,  or  imprisoned  in  the  county  jail  not  less  than 
fifteen  (15)  days  nor  more  than  thirty  (30)  days,  or  both  fined  and 
imprisoned,  in  the  discretion  of  the  court. 

Any  person  who  shall  be  found  guilty  of  violating  any  of  the  pro- 
visions of  sections  19,  20,  21,  23,  24,  25,  26,  27,  29,  30,  32,  34,  35,  36, 
37,  38,  42,  46,  48,  49,  52,  53  or  55  of  this  Act  shall  be  fined  not  less 
than  fifteen  ($15)  dollars,  nor  more  than  one  hundred  ($100)  dollars 
for  each  offense,  or  imprisoned  in  the  county  jail  not  less  than  ten  (10) 
days,  nor  more  than  twenty  (20)  days,  or  both  fined  and  imprisoned, 
in  the  discertion  of  the  court. 

Any  person  who  shall  be  found  guilty  of  violating  any  of  the  pro- 
visions of  section  17  of  this  Act  shall  be  fined  not  less  than  ten  ($10) 
dollars,  nor  more  than  fifty  ($50)  dollars  for  each  offense,  or  imprisoned 
in  the  county  jail  not  less  than  five  (5)  days,  nor  more  than  ten  (10) 
days,  or  both  fined  and  imprisoned,  in  the  discretion  of  the  court. 

Each  and  every  person  found  guilty  of  violating  any  of  the  pro- 
visions of  this  Act,  and  who  is  fined  only,  shall  be  imprisoned  until  the 
amount  of  the  fine  and  costs  imposed  against  him  or  her  has  been  paid, 
but  such  imprisonment  shall  in  no  case  exceed  twenty  (20)  days. 

§  87.  Separate  offenses.]  Each  wild  animal,  wild  fowl,  bird", 
fish,  mussel,  ■  turtle  or  frog  caught,  taken,  killed,  captured,  destroyed, 
shipped,  offered  or  received  for  shipment,  transported,  bought,  sold  or 
bartered,  or  had  in  possession,  contrary  to  the  provisions  of  this  Act, 
and  each  seine,  net  or  other  device,  including  ferrets,  used  or  attempted 
to  be  used,  in  violation  of  the  provisions  hereof,  shall  constitute  a 
separate  offense. 

§  88.  Accessories.]  Any  person  who  makes  any  use  of,  or  has 
in  possession  any  game,  wild  animal,  wild  fowl,  bird,  fish,  mussel,  turtle 
or  frog  which  has  been  caught,  taken,  killed  or  destroyed  contrary 'to 
any  of  the  provisions  hereof,  shall  be  equally  liable  under  the  provisions 
hereof  for  the  penalties  imposed  against  the  person  who  caught,  took, 
killed  or  destroyed  such  game,  wild  animal,  wild  fowl,  bird,  fish,  mussel, 
turtle  or  frog,  or  who  was  formerly  in  possession  of  the  same. 

§  89.  Remittance  of  fines.]  All  fines  imposed  and  collected 
for  violations  hereof  shall  be  remitted  to  the  Department  within  thirty 
days  after  the  collection  thereof  by  the  justice  of  the  peace,  police 
magistrate  or  clerk  of  the  court  in  which  the  prosecution  was  brought. 

All  fines  imposed  and  collected  for  violations  hereof  and  not  re- 
mitted to  the  Department  within  thirty  days  from  such  collection,  shall 


ANIMALS    AND   BIRDS. 


53 


be  deemed  to  have  been  embezzled  and  the  justice  of  the  peace,  police 
magistrate  or  clerk  of  the  court  responsible  for  such  failure  to  remit 
shall  be  subject  to  prosecution  for  embezzlement. 

§  90.  Uepeal.]  An  Act  entitled,  "An  Act  for  the  conservation 
of  game,  wild  fowls,  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,"  approved  June  23,  1913, 
in  force  July  1/1913,  as  amended,  and  all  Acts  and  parts  of  Acts  in 
conflict  herewith,  are  hereby  repealed. 

Approved  June  24,  1919. 


LICENSING  OF  DOGS — DAMAGE  BY  DOGS  TO  SHEEP. 


Amends    sections    la.    2,    2b,    3,    4, 
5  and  6,  Act  of  1879. 

§  la.  Sections  1  and  2  not  to 
apply  to  certain  per- 
sons. 

§   2.     License   fees. 

§  2b.  Certain  dogs  to  be 
killed. 


§  3.  Application  for  dam- 
ages to  sheep  — 
amount  allowed — 
county  treasurer  to 
pay. 

8  4.  May  bring  action 
against  owner  of  dogs 
— court  or  jury  to  as- 
certain damages  paid 
by  county,  etc. 

§  5.  Amount  county  treas- 
urer shall  allow  each 
witness. 

(Senate  Bill  No.   37G.     Approved  June  28,   1919.) 

An  Act  to  amend  sections  la,  2,  2b,  3,  k,  5  and  6  of  an  Act  entitled: 
"An  Act  providing  for  the  licensing  of  dogs  and  for  the  payment  of 
damages  done  by  dogs  to  sheep  out  of  the  proceeds  of  the  license  fees,': 
approved  May  29,  1819,  in  force  July  1,  1S79,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  la,  2,  2b,  3,  4,  5  and  6 
of  an  Act  entitled :  "An  Act  providing  for  the  licensing  of  dogs  and  for 
the  paymeut  of  damages  done  by  dogs  to  sheep  out  of  the  proceeds  of  the 
license  fees,"  approved  May  29,  1879,  in  force  July  1,  1879,  as  amended, 
are  amended  to  read  as  follows : 

§  la.  Sections  1  and  2  of  this  Act  shall  not  apply  to  the  owners  or 
keepers  of  dogs  who  reside  within  the  limits  of  a  city  or  village  having 
a  population  of  twenty-five  thousand  or  more  according  to  the  last  pre- 
ceding federal  or  State  census,  in  which  the  licensing  of  dogs  is  now  or 
may  hereafter  be  provided  for  by  ordinance. 

§  2.  The  assessor  shall,  at  the  time  such  dogs  are  listed  for  assess- 
ment, collect  from  each  owner  or  keeper  of  a  clog  or  dogs  a  license  fee  of 
one  dollar  ($1.00)  for  each  male  or  spayed  female  dog.  and  and  three  dol- 
lars ($3.00)  for  each  unspayed  female  dog.  Upon  the  payment  of  this 
license  fee,  the  assessor  shall  deliver  to  the  owner  or  keeper,  for  each 
dog,  a  license  and  a  metallic  tag.  The  license  shall  be  dated  and  num- 
bered and  shall  bear  the  name  of  the  county  issuing  it,  the  name  and 
address  of  the  owner  of  the  dog  licensed,  and  a  description  of  the  dog, 
indicating  its  breed,  sex,  age,  color  and  markings.  The  assessor  shall 
file  a  duplicate  copy  of  each  license  with  the  county  clerk.  The  metallic 
tag  shall  bear  the  name  of  the  county  issuing  it,  a  serial  number  corre- 


54  ANIMALS    AND   BIEDS. 


sponding  with  the  number  on  the  license,  and  the  calendar  year  for 
which  it  is  issued.  Every  owner  or  keeper  of  a  dog  shall  keep  a  sub- 
stantial collar  around  the  dog's  neck  and  shall  keep  the  metallic  tag 
firmly  attached  thereto.  It  shall  be  the  duty  of  the  county  clerk  of 
each  county  to  provide  the  license  forms  and  the  metallic  tag  herein 
mentioned  and  to  keep  a  record  of  the  license  forms  and  metallic  tags 
delivered  to  each  assessor,  and  the  number  thereof  returned  at  the  time 
of  returning  the  list  by  such  assessor.  Any  person  becoming  the  owner 
of  a  dog  after  the  assessment  has  been  returned  by  the  assessor,  and  any 
owner  of  a  dog  for  which  for  any  reason  the  assessor  has  failed  to  collect 
a  license  fee,  may  at  any  time,  apply  to  the  county  clerk  and,  upon  pay- 
ment of  the  required  fee,  procure  a  license  and  a  metallic  tag. 

All  license  fees  collected  in  accordance  with  the  provisions  of  this 
Act  shall  be  turned  into  the  county  treasury,  and  shall  be  kept  in  a 
separate  fund  to  be  known  as  the  county  dog  license  fund. 

§  2b.  If  any  person  shall  discover  any  dog  or  dogs  in  the  act  of 
pursuing,  worrying,  wounding  or  killing  sheep,  or  shall  discover  any  dog 
or  dogs  under  circumstances  that  satisfactorily  show  that  the  dog  or 
dogs  have  been  recently  engaged  in  killing  sheep,  or  pursuing,  worrying, 
or  wounding  sheep  for  the  purpose  of  killing  them,  such  person  is 
authorized  immediately  to  pursue  and  kill  such  dog  or  dogs.  Any  dog 
or  dogs  trespassing  on  the  premises  where  sheep  are  kept  and  not 
accompanied  by  their  owner  or  keeper  may  be  killed  while  so  trespassing, 
and  it  shall  be  lawful  for  any  person  to  kill  all  unlicensed  dogs  and  all 
dogs  without  the  metallic  tags  required  by  the  provisions  of  this  Act. 

§  3.  No  person  having  sheep  killed  shall  be  entitled  to  receive 
any  portion  of  the  county  dog  license  fund  unless  he  shall  appear  before 
the  supervisor  of  the  town  in  which  he  resides,  in  counties  under  town- 
ship organization,  or  before  a  justice  of  the  peace  of  the  county  in 
which  he  resides,  in  counties  not  under  township  organization,  within 
not  less  than  ten  nor  more  than  forty  days  after  the  sheep  are  killed  or 
injured,  and  make  affidavit  stating  the  number  of  sheep  killed  or  injured, 
the  amount  of  damages  and  the  owner  or  owners  of  the  dog  or  dogs,  if 
known.  The  damages  shall  be  proven  by  not  less  than  two  witnesses  who 
shall  be  free  holders  of  the  county.  Supervisors  and  magistrates  are' 
hereby  authorized  to  administer  oaths  in  such  cases.  They  shall  keep  a 
record  in  each  case  of  the  names  of  the  owners  of  the  sheep  and  amount 
of  the  damage  proven  and  the  number  of  sheep  killed  or  injured.  The 
damages  allowed  in  no  event  shall  exceed  fifteen  dollars  per  head  for 
sheep  killed  or  injured,  and  in  case  the  owner  of  the  dog  or  dogs  is 
solvent,  the  owner  of  the  sheep  shall  not  be  entitled  to  be  paid  such 
damages  out  of  the  county  dog  license  fund. 

ITpon  a  written  report  being  filed  with  the  county  treasurer  by  the 
supervisor  or  magistrate  as  to  the  right  of  any  owner  of  sheep  to  be 
paid  damages  out  of  the  county  dog  license  fund,  and  as  to  the  amount 
thereof  the  county  treasurer  shall,  on  the  first  Monday  of  March  in 
each  year,  pay  to  the  owner  of  the  sheep  the  amount  of  damages  to 
which  he  is  entitled.    If  there  is  not  sufficient  money  in  the  fund  to  pay 


ANIMALS    AND    BIEDS.  55 


all  claims  for  damages  in  full,  then  the  county  treasurer  shall  pay  to 
each  owner  of  sheep  his  pro  rata  share  of  the  money  available. 

§  4.  The  payment  to  any  owner  of  sheep  of  money  out  of  the 
county  dog  license  fund  for  damages  resulting  from  loss  or  injury  to 
his  or  her  sheep,  shall  not  be  a  bar  to  an  action  by  such  owner  against  the 
owner  or  keeper  of  the  dog  or  clogs  committing  such  injury  or  causing 
such  loss  for  the  recovery  of  damages  therefor.  The  court  or  jury 
before  whom  such  action  is  tried  shall  ascertain  from  evidence  what 
portion,  if  any,  of  the  damages  sought  to  be  recovered  in  such  action  has 
been  paid  to  the  plaintiff  in  such  action  by  the  county  treasurer;  and  in 
case  the  plaintiff  in  such  action  recovers  damages,  the  court  shall  enter 
judgment  against  the  defendant,  in  the  name  of  the  plaintiff,  for  the 
use  of  the  county,  for  the  amount  which  the  plaintiff  has  received  on 
account  of  such  damages  from  the  county  treasurer,  if  such  recovery 
shall  equal  or  exceed  the  amount  so  received  by  such  plaintiff  from 
the  county  treasurer;  and  the  residue  of  such  recovery,  if  any  there  be, 
shall  be  entered  in  the  name  of  the  plaintiff  in  such  action  to  his  own 
use;  if  the  amount  of  the  recovery  in  such  action  shall  not  equal  the 
amount  previously  paid  the  plaintiff  on  account  of  such  damages  by 
the  county  treasurer,  then  the  judgment  shall  be  entered  as  aforesaid, 
for  the  use  of  the  county,  for  the  full  amount  of  such  recovery.  Writs 
of  execution  issued  upon  such  judgment  shall  show  on  their  face  what 
portion  of  the  judgment  is  to  be  paid  to  the  county,  and  what  portion 
is  to  be  paid  to  the  plaintiff  in  such  action,  and  the  judgment  when 
collected  shall  be  paid  over  to  the  parties  entitled  thereto  in  their 
proper  proportions. 

§  5.  The  county  treasurer  shall  allow  not  to  exceed  fifty  cents  to 
each  witness,  which  shall  be  paid  out  of  the  fund  created  by  this  Act, 
prior  to  its  disposition  by  the  third  section  of  this  Act. 

Approved  June  28,  1919. 


PROTECTING   OWNER  OF  LICENSED   STALLION   OR   JACK. 

§    1.     Amends  section  2,  Act  of  1917.  §   2.     Claim  for  lien  to   be   filed 

with    recorder    of    deeds 
— duration    of   lien. 

(Senate  Bill  No.  317.     Approved  June  11,   1919.) 

An  Act  to  amend  section  2  of  an  Act  entitled:  "An  Act  to  protect  the 
owner  of  any  licensed  stallion  or  jack  kept  for  public  service  and  to 
subject  the  mare  or  jennet  or  progeny  of  such  animal,  or  both,  to  a 
lien  for  the  service  fee  of  such  stallion  or  jack"  approved  June  21, 
1917,  in  force  July  1,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  2  of  an  Act  entitled: 
"An  Act  to  protect  the  owner  of  any  licensed  stallion  or  jack  kept  for 
public  service  and  to  subject  the  mare  or  jennet  or  progeny  of  such 
animal,  or  both,  to  a  lien  for  the  service  fee  of  such  stallion  or  jack," 
approved  June  21,  1917,  in  force  July  1,  1917,  is  amended  to  read  as 
follows : 


56  APPROPRIATIONS. 


§  2.  Any  owner  of  a  licensed  stallion  or  jack  desiring  to  secure 
the  benefits  of  this  Act,  shall,  within  twelve  (12)  months  after  any 
mare  or  jennet  has  been  served  by  his  stallion  or  jack,  file  with  the 
recorder  of  deeds  in  the  county  in  which  such  mare  or  jennet  is,  a  claim 
for  lien  in  writing  and  under  oath,  setting  forth  therein  his  intention 
to  claim  a  lien  upon  such  mare  or  jennet  or  progeny  thereof,  or  both, 
for  the  service  fee  of  his  stallion  or  jack. 

Such  claim  for  lien  shall  state  the  name  and  residence  of  the  person 
claiming  a  lien,  the  name  of  the  owner  or  reputed  owner  of  the  mare 
or  jennet  or  progeny  thereof,  or  both,  sought  to  be  charged  with  the 
lien,  and  a  description  of  such  animal  or  animals  sufficient  for  identifi- 
cation upon  which  the  lien  is  claimed,  and  the  amount  due  the  claimant 
for  the  service  fee  of  his  stallion  or  jack. 

The  claim  for  lien  filed  with  the  recorder  of  deeds  shall  expire  and 
become  void  and  of  no  effect  if  suit  is  not  brought  to  foreclose  the  same 
within  twenty-four  months  after  the  date  of  such  service  by  such 
stallion  or  jack. 

Approved  June  11,  1919. 


APPHOPEIATIONS. 


AUDITOR    OF   PUBLIC  ACCOUNTS — DEFICIENCY. 
§   1.     Appropriates    $10,900.  §    3.     Emergency. 

§    2.     How  drawn. 

(Senate  Bill  No.   50.  Approved  April  18.   1919.) 

An  Act  entitled,  "An  Act  for  an  appropriation  to  meet  expenses  in  the 
office  of  the  Auditor  of  Public  Accounts  to  be  incurred  subsequent  to 
March  1,  1919,  and  prior  to  July  1,  1919,  and  by  declaring  an  emerg- 
ency. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  following  sums  be  and 
the  same  are  hereby  appropriated  to  the  Auditor  of  Public  Accounts: 
Two  bank  examiners  for  four  months  at  $250.00  per  month.  $  2,000.00 
Two  assistant  bank  examiners  for  four  months  at  $200.00 

per  month  1,600.00 

One  building  and  loan  examiner  for  four  months  at  $200.00 

per  month 800.00 

Departmental  office  expense 3,000.00 

Traveling  expense    3,500.00 

Total $10,900.00, 

§  2.  The  Auditor  of  Public  Accounts  is  authorized  to  draw  war- 
rants upon  proper  vouchers  for  the  amounts  above  appropriated,  or  so 
much  thereof  as  may  be  necessary,  and  the  Treasurer  is  authorized  and 
directed  to  pay  the  same  out  any  moneys  in  the  State  treasury  not  other- 
wise appropriated. 


APPROPRIATIONS.  57 


§  3.  Whereas,  the  sums  hereby  appropriated  are  immediately  re- 
quired, therefore  an  emergency  exists  and  this  Act  shall  take  effect 
from  and  after  its  passage  and  approval. 

Approved  April  18,  1919. 

ATTORNEY  GENERAL— DEFICIENCY. 

S    1.     Appropriates    $10,000    for    certain        §    2.     How  drawn, 
purposes. 

§    3.     Emergency. 

(Senate  Bill  No.  97.     Approved  March  19,  1919.) 

An  Act  making  additional  appropriations  to  the  Attorney  General. 
Whereas,  On  July  2,  1917,  a  race  riot  occurred  in  East  St.  Louis 
in  St.  Clair  County  causing  great  loss  of  human  life  and  great  destruc- 
tion of  property;  and  that  the  Attorney  General  was  required  to  make 
large  expenditures  of  money  in  assisting  the  local  authorities  to  prose- 
cute participants  in  said  riot  for  commissions  of  crime  and  that  there 
are  other  prosecutions  connected  with  said  race  riot  still  pending  in  the 
courts,  and  that  the  expenditures  so  made  from  the  appropriation  made 
by  the  Fiftieth  General  Assembly  did  not  contemplate  these  expenses 
of  prosecutions  in  St.  Clair  County,  and 

Wpiereas,  The  appropriation  made  by  the  Fiftieth  General  As- 
sembly for  traveling  expenses  of  the  assistants  and  other  persons  em- 
ployed in  the  Department  of  the  Attorney  General  has  been  exhausted, 
and 

Whereas,  There  are  numerous  cases  now  pending  in  the  courts 
which  require  prompt  prosecution  or  defense  and  urgent  necessity  for 
the  investigation  and  commencement  of  additional  cases  and  prosecu- 
tions arising  out  of  the  administration  of  said  departments,  commis- 
sions, boards,  and  other  State  agencies,  and  no  funds  available  for  the 
said  named  purposes. 
Now,  therefore: 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  following  named  sums, 
or  so  much  thereof  as  may  be  necessary,  respectively,  for  the  purpose 
hereinafter  named,  be,  and  the  same  are  hereby  appropriated  to  the 
Attorney  General,  additional  to  the  appropriation  heretofore  made  to 
the  Attorney  General. 

For  the  employment  and  payment  of  special  assistants,  special 
attorneys,  investigators,  and  their  help,  preparation  and  trial 
of  suits  and  appeals  in  the  courts  of  this  State  of  cases  growing 
out  of  the  race  riot  of  East  St.  Louis  on  July  2,  1917,  for  the 

period  ending  July  1,  1919 ' $7,000 

For  traveling  expenses  of  assistants  or  other  persons  employed 

in   the   Department   by   the   Attorney   General $3,000 

§  2.  Upon  presentation  to  the  Auditor  of  Public  Accounts  of 
proper  vouchers  certified  by  the  Attorney  General,  said  Auditor  is  au- 
thorized and  directed  to  draw  his  warrants  upon  the  State  Treasurer  in 
amounts  not  exceeding  in  the  aggregate  the  sums  herein  appropriated. 


58  APPROPRIATIONS. 


and  the  State  Treasurer  is  authorized  and  directed  to  pay  the  same 
out  of  any  funds  in  the  State  treasury  not  otherwise  appropriated. 

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

Approved  March  19,  1919. 


ATTORNEY   GENERAL,. 
§   1.     Appropriates  $70,000.  §   3.     Emergency. 

§    2.     How  drawn. 

(Senate  Bill  No.    86.     Approved   Mat   15,    1919.) 

An  Act  to  provide  for  the  expense  of  paper,  printing,  postage,  cost  of 
publication  notices,  dockets  and  salary  of  employees  of  the  State  of 
Illinois,  working  under  the  direction  of  the  Attorney  General  in  carry- 
ing out  the  provisions  of  an  Act  to  amend  an  Act  entitled,  "An  Act 
requiring  corporations  to  make  annual  report  to  the  Secretary  of  State, 
and  providing  for  the  cancellation  of  the  articles  of  incorporation  for 
failure  to  do  so,  and  to  repeal  a  certain  Act  therein  named,"  approved, 
May  10,  1901,  in  force  July  1,  1901,  and  amendments  thereto  in  force 
July  1,  1903,  and  July  1,  1917,  by  amending  section  7  thereof  and 
adding  thereto  sections  7a,  7b,  7c,  7d,  7e,  7f,  7g,  7h  and  7i. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be,  and  is  hereby  ap- 
propriated the  sum  of  seventy  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary  to  pay  the  expenses  of  paper,  printing,  postage,  cost  of 
publication  notices,  dockets  and  salary  of  employees  of  the  State  of  Illi- 
nois, working  under  the  direction  of  the  Attorney  General  in  carrying 
out  the  provisions  of  an  Act  to  amend  an  Act  entitled,  "An  Act  requir- 
ing corporations  to  make  annual  report  to  the  Secretary  of  State,  and 
providing  for  the  cancellation  of  the  articles  of  incorporation  for  failure 
to  do  so,  and  to  repeal  a  certain  Act  therein  named/'  approved  May  10, 
1901,  in  force  July  1,  1901,  and  amendments  thereto  in  force  July  1, 
1903,  and  July  1,  1917,  by  amending  section  7  thereof  and  adding, 
thereto  sections  7a,  7b,  7c,  7d,  7e,  7f,  7g,  7h  and  7i. 

§  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  proper  vouchers  certified  by  the 
Attorney  General  of  the  State  of  Illinois. 

§  3.  The  appropriation  above  recited  is  necessary  for  the  payment 
of  the  expenses  of  dissolving  corporations  which  have  failed  to  make 
reports  as  provided  by  statute,  and  it  is  deemed  necessary  that  said  pro- 
ceedings be  instituted  without  delay.  Therefore,  an  emergency  exists, 
and  this  Act  shall  take  effect  from  and  after  its  passage. 
Approved  May  15,  1919. 


APPROPRIATIONS.  59 


CITY  OF  JACKSONVILLE. 
§    1.     Appropriates    $27,680.62.  §   2.     How  drawn. 

(House  Bill  No.  713.     Approved  June  28,   1919.) 

An  Act  making  an  appropriation  to  pay  the  State's  portion  of  assess- 
ments for  local  improvements  in  and  along  certain  streets  in  the  City 
of  Jacksonville. 

Whereas,  Proceedings  have  been  instituted  by  the  City  of  Jackson- 
ville to  levy  a  special  assessment  to  pay  the  cost  of  paving  certain  streets 
in  the  City  of  Jacksonville  upon  which  property  of  the  State  abuts,  and 
Whereas,  The  city  engineer  of  the  City  of  Jacksonville  has  esti- 
mated that  the  State's  proportionate  share  of  the  cost  of  said  improve- 
ments is  in  substance  as  follows : 
For  paving  with  sheet  asphalt : 

South  one-half  of  West  State  Street; 
North  one-half  of  West  College  Avenue; 
North  one-half  of  East  State  Street; 
South  one-half  of  West  Morton  Avenue; 
together  with  court  costs,  the  cost  of  levying  and  spreading  assessments, 
inspection  fees,  and  all  necessary  and  legal  expenses  attending  the  same 
pursuant  to  law: 

8786  square  yards  of  sheet  asphalt,  complete  in  place $20,620.60 

3378  lineal  feet  of  concrete  curbing,  complete  in  place 3,348.90 

145  lineal  feet  of  concrete  headers,  complete  in  place 72.50 

1900  square  yards  of  excavation,  grading  and  rolling 958.00 

3541  square  yards  of  brooming  and  flushing 708.20 

57.8  tons   of   binder 289.00 

89  square  yards  of  concrete  foundation 89.00 

6  manholes    and    valve    boxes 30.00 

1  brick  catch  basin 35.00 

2  cast  iron  storm  water  inlets 32.00 

Court  costs 1,497.42 

Total    $27,680.62 

And,  Whereas,  The  State  of  Illinois  desires  to  pay  its  propor- 
tionate share  of  the  cost  of  said  improvements  upon  the  completion  and 
acceptance  of  the  same  by  the  City  of  Jacksonville,  now,  therefore 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  is  hereby  appropri- 
ated to  the  Secretary  of  State  the  sum  of  twenty-seven  thousand  six  hun- 
dred eighty  and  sixty-two  one  hundredths  dollars  ($27,680.62),  or  so 
much  thereof  as  may  be  necessary  to  pay  the  State's  proportionate  share 
of  special  assessments  for  local  improvements  to  be  made  by  the  City  of 
Jacksonville  in,  upon  and  along  certain  streets  upon  which  property  of 
the  State  abuts,  viz: 

For  constructing  sheet  asphalt  pavement  in  and  along 
South  one-half  of  West  State  Street; 
North  one-half  of  West  College  Avenue; 
North  one-half  of  East  State  Street ; 
South  one-half  of  West  Morton  Avenue. 


60  APPROPRIATIONS. 


§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  against  the  appropriation  herein  made  in 
favor  of  the  treasurer  of  the  City  of  Jacksonville,  of  other  officer  entitled 
to  receive  the  same,  upon  vouchers  duly  executed  by  the  Secretary  of 
State,  accompanied  by  the  certificate  of  the  Attorney  General  that  the 
amounts  specified  in  said  vouchers  are  legally  due  under  the  laws  of  the 
State,  the  ordinances  of  the  City  of  Jacksonville  authorizing  said  im- 
provements, and  the  legal  proceedings  pursuant  thereto. 

Approved  June  28,  1919. 


CONSTITUTIONAL  CONVENTION. 

§      1.     When    and    where    convention    to        §  8.     Proceedings    of   convention   to   be 

meet.  filed — to   be   submitted   to   elec- 
tors for  ratification. 
§      2.      Number    of   delegates. 

§  9.     Notices    of   election — votes    to    be 

§      3.     Nomination    of    candidates — date  canvassed, 
of  primary. 

§  10.     Who    may   vote — who    shall    con- 
§      4.     Date    of    election  —  votes    to    be  duct   elections, 
canvassed — certificates  of  elec- 
tion— contests.                                         §  11.     Disrespect    to    convention    to    be 

punished. 
§      5.     Delegates    to    take    oath — privil- 
eged from   arrest.                                    §  12.      Public    officers    to    furnish    docu- 


§      6.     Compensation. 


ments  required,   etc. 


§    13.     Appropriates   $500  000.00   for   sal- 
§      7.      Governor    to    call    convention    to  aries   and    expenses, 

order — officers. 

(Senate  Bill  No.   232.     Approved  June  21,   1919.) 

An  Act  to  assemble  a  convention  to  revise,  alter  or  amend  the  Consti- 
tuion  of  the  State  of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  at  the  hour  of  12  o'clock 
noon,  on  the  sixth  day  of  January,  1920,  a  convention  to  revise,  alter 
or  amend  the  Constitution  of  the  State  of  Illinois  shall  meet  in  the  hall 
of  the  Eepresentatives  of  the  General  Assembly  in  the  capitol  building, 
in  the  city  of  Springfield.  The  Secretary  of  State  shall  take  such  steps 
as  may  be  necessary  to  prepare  the  hall  of  the  Eepresentatives  for  the 
meeting  of  the  convention. 

§  2.  The  convention  shall  consist  of  one  hundred  and  two  dele- 
gates. Two  delegates  shall  be  elected  in  and  from  each  district  entitled 
by  law  to  elect  a  senator  to  the  General  Assembly.  Delegates  shall 
possess  the  same  qualifications  as  State  senators.  The  Governor,  or  the 
person  exercising  the  powers  of  Governor,  shall  issue  writs  of  election 
to  fill  vacancies  in  the  convention. 

§  3.  A  primary  election  for  the  nomination  of  candidates  for  the 
position  of  delegate  shall  be  held  on  the  tenth  clay  of  September,  1919. 
All  provisions  of  law  in  force  at  such  time,  and  applying  to  the  nomi- 
nation of  candidates  for  the  office  of  State  senator,  shall  to  the  extent 
that  they  are  not  in  conflict  with  the  terms  of  this  Act,  apply  to  the 
primary  election  herein  provided  for. 

_  Vacancies  created  by  the  death  of,  or  the  declination  of  the  nomi- 
nation by  any  person  nominated  as  a  candidate  for  the  position  of  dele- 


APPKOPRIATIONS.  fil 


gate,  shall  be  filled  in  the  manner  provided  by  law  for  the  filling  of 
similar  vacancies  occasioned  by  the  death  of,  or  declination  of  the 
nomination  by  any  person  nominated  as  a  candidate  for  the  office  of 
State  senator.  ■ 

Independent  nominations  for  the  position  of  delegate  may  be  made 
in  the  manner  now  provided  by  law  for  the.  nomination  of  independent 
candidates  by  petition. 

§  4.  The  delegates  shall  be  chosen  at  an  election  to  be  held  on  the 
fourth  day  of  November,  1919.  Such  election  shall  be  conducted  in 
conformity  with  the  laws  then  in  force  relating  to  elections  for  State 
senators,  to  the  extent  that  such  laws  are  applicable. 

All  votes  cast  in  the  election  for  delegates  shall  be  tabulated,  re- 
turned and  canvassed  in  the  manner  then  provided  by  law  for  the  tabu- 
lation, return  and  canvass  of  votes  cast  in  elections  for  State  senators. 

The  official,  or  officials,  charged  with  the  duty  of  issuing  certificates 
of  election  to  persons  elected  to  the  office  of  State  senator,  shall  issue 
certificates  of  election  to  all  persons  duly  elected  as  delegates. 

Election  contests  for  membership  in  the  convention  shall  be  heard 
and  determined  by  the  convention. 

§  5.  Each  delegate  before  entering  upon  his  duties  as  a  member 
of  the  convention,  shall  take  an  oath  to  support  the  Constitutions  of  the 
United  States  and  of  the  State  of  Illinois,  and  to  discharge  faithfully 
his  duties  as  a  member  of  the  convention.  In  going  to  and  returning 
from  the  convention  and  during  the  sessions  thereof  the  delegates  shall, 
in  all  cases,  except  treason,  felony  or  breach  of  the  peace,  be  privileged 
from  arrest ;  and  they  shall  not  be  questioned  in  any  other  place  for  any 
speech  or  debate  in  the  convention. 

§  6.  Each  delegate  shall  receive  for  his  services  the  sum  of  two 
thousand  dollars,  payable  at  any  time  after  the  convention  is  organized. 
The  delegates  shall  be  entitled  to  the  same  mileage  as  is  paid  to  the 
members  of  the  General  Assembly,  to  be  computed  by  the  Auditor  of 
Public  Accounts.  The  delegates  shall  receive  no  other  allowance  or 
emolument  whatever,  except  the  sum  of  fifty  dollars  to  each  delegate, 
which  shall  be  in  full  for  postage,  stationery,  newspapers,  and  all  other 
incidental  expenses  and  perquisites.  The  pay  and  mileage  allowed  to 
each  delegate  shall  be  certified  to  by  the  president  of  the  convention  and 
entered  on  the  journal  of  the  convention. 

§  7.  The  convention  shall  determine  the  rules  of  its  procedure, 
shall  be  the  judge  of  the  election,  returns,  and  qualifications  of  its  mem- 
bers, and  shall  keep  a  journal  of  its  proceedings. 

The  Governor  shall  call  the  convention  to  order  at  its  opening 
session  and  shall  preside  over  it  until  a  temporary  or  permanent  pre- 
siding officer  shall  have  been  chosen  by  the  delegates. 

The  delegates  shall  elect  one  of  their  own  number  as  president  of  the 
convention,  and  they  shall  have  power  to  appoint  a  secretary  and  such 
employes  as  may  be  deemed  necessary.  The  secretary  shall  receive  a 
compensation  of  fifteen  dollars  ($15.00)  per  day.  The  employes  of  the 
convention  shall  receive  such  compensation  as  shall  be  determined  upon 
by  the  convention. 


62  APPROPRIATIONS. 


§  8.  The  proceedings  of  the  convention  shall  be  filed  in  the  office 
of  the  Secretary  of  State.  The  revision  or  alteration  of,  or  the  amend- 
ments to  the  Constitution,  agreed  to  and  adopted  by  the  convention, 
shall  be  recorded  in  the  office  of  the  Secretary  of  State. 

The  revision  or  alteration  of,  or  the  amendments  to  the  Constitu- 
tion, adopted  by  the  convention,  shall  be  submitted  to  the  electors  of 
this  State  for  ratification  or  rejection,  at  an  election  appointed  by  the 
convention  for  that  purpose,  not  less  than  two  months,  nor  more  than 
six  months  after  the  adjournment  of  the  convention.  The  convention 
shall  determine  the  manner  in  which  such  revision,  alteration  or  amend- 
ments shall  be  submitted  to  the  electors.  The  convention  shall  prescribe 
the  manner  and  form  in  which  such  revision,  alteration  or  amendments 
shall  be  published  prior  to  the  submission  thereof  to  the  electors.  No 
such  revision,  alteration  or  amendments  shall  take  effect  unless  approved 
by  a  majority  of  the  electors  voting  at  such  election. 

The  convention  shall  designate  or  fix  the  day  or  days  upon  which 
such  revision,  alteration  or  amendments,  if  adopted  by  the  voters,  shall 
become  effective. 

§  9.  Notices  of  the  election  to  be  called  by  the  convention  shall 
be  given  in  the  manner  and  form  prescribed  by  the  convention.  The 
convention  shall  prescribe  the  manner  and  form  of  voting  at  such  elec- 
tion, and  the  ballots  for  use  in  such  election  shall  be  printed  accordingly, 
by  the  officials  charged  with  the  duty  of  printing  ballots  for  us^  in 
general  elections. 

The  votes  cast  at  such  election  shall  be  tabulated,  returned  and 
canvassed  in  such  manner  as  may  be  directed  by  the  convention. 

§  10.  Every  person  who,  at  the  time  of  the  holding  of  any  prim- 
ary or  other  election  provided  for  in  this  Act,  is  a  qualified  elector 
under  the  Constitution  and  laws  of  this  State,  shall  be  entitled  to  vote 
in  such  election. 

The  primary  and  other  elections  provided  for  in  this  Act  shall  be 
held  at  the  places  fixed  by  law  for  the  holding  of  general  elections  and 
shall  be  conducted  by  the  officials,  judges  and  clerks  charged  with  the 
duty  of  conducting  general  elections. 

All  laws  then  in  force  in  relation  to  the  registration  of  voters  in 
primary  and  general  elections,  and  all  laws  then  in  force  for  the  pre- 
vention of  fraudulent  and  illegal  voting,  shall  be  applicable  to  the  prim- 
ary and  other  elections  provided  for  in  this  Act. 

All  laws  in  force  governing  elections  and  not  inconsistent  with  the 
provisions  of  this  Act,  or  with  powers  exercised  under  the  terms  hereof, 
shall  apply  to  and  govern  elections  held  under  the  terms  of  this  Act. 

§  11.  The  convention  shall  have  power  to  punish  by  imprison- 
ment, any  person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the 
convention,  by  disorderly  or  contemptuous  behavior  in  its  presence.  But 
no  such  imprisonment  shall  extend  beyond  twenty-four  hours  at  any 
one  time,  unless  the  person  shall  persist  in  such  disorderly  or  con- 
temptuous behavior.  Commitments  for  disorderly  or  contemptuous  be- 
havior in  the  presence  of  the  convention  shall  be  made  in  the  manner 
now  provided  by  law  for  the  commitment  of  persons  guilty  of  disrespect 
to  the  General  Assembly. 


APPROPRIATIONS.  63 


§  12.  It  shall  be  the  duty  of  alj  public  officers  to  furnish  the  con- 
vention with  any  and  all  statements,  papers,  books,  records  and  public 
documents  that  the  convention  shall  require.  The  convention,  and  its 
committees,  shall  have  the  same  power  to  compel  the  attendance  of 
witnesses,  or  the  production  of  papers,  books,  records  and  public  docu- 
ments, as  is  now  exercised  by  the  General  Assembly,  and  its  committees, 
under  the  provisions  of  an  Act  entitled,  "An  Act  to  revise  the  law  in 
relation  to  the  General  Assembly,"  approved  and  in  force  February  25, 
1874. 

§  13.  The  sum  of  five  hundred  thousand  dollars  ($500,000),  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated  for  the  pay- 
ment of  salaries  and  other  expenses  properly  incident  to  the  constitu- 
tional convention.  The  Auditor  of  Public  Accounts  is  hereby  author- 
ized and  direcetd  to  draw  warrants  on  the  State  Treasurer  for  the 
foregoing  amount  or  any  part  thereof,  upon  the  presentation  of  itemized 
vouchers  certified  to  as  correct  by  the  president  of  the  constitutional 
convention  or  the  acting  president  of  the  convention.  All  printing, 
binding,  stationery  and  other  similar  supplies  for  the  constitutional 
convention  shall  be  furnished  through  the  Department  of  Public  Works 
and  Buildings. 

Approved  June  21,  1919. 


CONSTITUTIONAL  CONVENTION. 

§    1.     Information   and  data  to   be  com-        §   3.     How  drawn, 
piled. 

§    4.     Emergency. 
§   2.     Appropriates    $10,000.00. 

(House  Bill  No.  279.     Approved  June  9,  1919.) 

An  Act  to  provide  for  the  compilation  of  information  and  data  for  the 
use  of  the  delegates  to  the  Constitutional  Convention,  and  making  an 
appropriation  therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  Joint  Legislative  Eeference 
Bureau  shall  collect,  classify  and  catalog  such  reports,  books,  periodicals, 
documents,  digests,  summaries  of  the  laws  and  constitutions  of  other 
states,  and  such  other  printed  or  written  matter  as  may  be  of  assistance 
to  the  delegates  in  the  performance  of  their  official  duties.  The  Joint 
Legislative  Eeference  Bureau  shall  compile  and  publish  in  pamphlet 
form,  or  otherwise,  for  the  use  of  the  members  of  the  convention  such 
information  and  data  as  may  be  deemed  necessary,  and  shall  furnish  or 
render  to  the  delegates,  such  other  information  or  assistance  as  may  be 
requested. 

§  2.  For  the  purpose  of  carrying  out  the  provisions  of  this  Act, 
there  is  hereby  appropriated  the  sum  of  ten  thousand  dollars  ($10,000.). 
The  appropriation  herein  made  shall  not  be  available  after  June  30, 
1919. 

§  3.  Upon  the  presentation  of  proper  vouchers  certified  to  as 
correct  by  the  secretary  of  the  Legislative  Reference  Bureau  and  ap- 
proved by  the  Department  of  Finance,  the  Auditor  of  Public  Accounts 


64  APPROPRIATIONS. 


shall  draw  his  warrants  on  the  State  Treasurer  against  the  sum  herein 
appropriated. 

§  4.  Because  of  an  emergency  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

Approved  June  9,  1919. 


DEPARTMENT  OF  AGRICULTURE— STATE  FAIRS. 
§    1.     Appropriates    $462,920.  §4.     Traveling   expense   vouchers. 

§   2.     Defines  terms  used.  §    5.     Emergency. 

§   3.     How  drawn. 

(House  Bill  No.   266.     Approved  April  22,   1919.) 

An  Act  making  an  appropriation  to  the  Department  of  Agriculture  for 

State  Fairs. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  There  is  appropriated  to  the 
Department  of  Agriculture  for  conducting  and  holding  State  Fairs  and 
for  the  maintenance  and  repair  of  the  State  Fair  grounds,  until  the 
expiration  of  the  first  fiscal  quarter  after  the  adjournment  of  the  next 
General  Assembly,  the  sum  of  four  hundred  sixty-two  thousand  nine 
hundred  twenty  dollars  ($462,920),  in  the  following  items: 

First  Year    Second  Year 
For  salaries  and  wages : 

For  chief  clerk $2,400  per  annum 

For  statistical  clerk.  .  . .    1,320  per  annum 

For  stenographer    1,200  per  annum 

For  receiving  and  ship- 
ping clerk   1,200  per  annum 

For  riling  clerk 1,200  per  annum 

For   advertising  clerk.  .    1,200  per  annum 

For  extra  clerk  hire.  .  .  .    1,000  per  annum 

Total   $     9,520  .$     9,520 

For  office  expense 4,240  4,240 

For  travel 5,000  5,000 

For  operation   173,700  173,700 

For  repairs    . 25,000  25,000 

For  contingencies 14,000  14,000 

§  2.  The  term  "Salaries  and  Wages"  as  used  in  this  Act  shall 
mean  and  include  salaries,  wages  and  other  compensation  for  personal 
service. 

The  term  "Office  Expense"  as  used  in  this  Act  shall  mean  and 
include  postage,  telephone,  telegraph,  rent,  office  supplies,  express, 
freight  and  drayage. 

The  term  "Travel"  as  used  in  this  Act  shall  mean  and  include 
railroad  fares,  hotel  bills,  livery  hire,  street  car  fares  and  similar  per- 
sonal expenses  incurred  wholly  in  the  State  service. 


APPROPRIATIONS.  G5 


The  term  ''Operation"  as  used  in  this  Act  shall  mean  and  include 
fuel,  premiums,  plant  and  departmental  supplies  and  institutional 
operating  expenses. 

The  term  "Eepairs"  as  used  in  this  Act  shall  mean  and  include  re- 
placements, but  not  betterments.  Such  repairs  may  be  made  under 
contract  in  whole  or  in  part,  or  may  be  by  the  direct  -use  of  labor, 
materials  and  service. 

§  3.  Upon  the  presentation  of  proper  vouchers  certified  to  as 
correct  by  the  Department  of  Agriculture  and  approved  by  the  Depart- 
ment of  Finance,  the  Auditor  of  Public  Accounts  shall  draw  his  war- 
rants on  the  State  Treasurer  for  the  sum  herein  appropriated,  or  any 
part  thereof:  Provided,  that  the  vouchers  drawn  against  the  item  for 
repairs  shall  be  certified  to  by  the  Department  of  Public  Works  and 
Buildings  and  the  Department  of  Agriculture  and  approved  by  the 
Department  of  Finance. 

§  4.  Vouchers  for  traveling  expenses  shall  be  itemized  and  shall 
be  accompanied  by  a  certificate,  signed  by  the  person  incurring  such 
expense,  certifying  that  the  amount  is  correct  and  just;  that  the  de- 
tailed items  charged  are  taken  and  verified  from  a  memorandum  kept 
by  such  person;  that  the  amounts  charged  for  subsistence  were  actually 
paid;  that  the  expenses  were  bccasionecl  by  official  business  or  unavoid- 
able delays  requiring  the  stay  of  such  person  at  hotels  for  the  time 
specified;  that  the  journey  was  performed  with  all  practicable  dispatch 
by  the  shortest  route  usually  traveled  in  the  customary  reasonable  man- 
ner; and  that  such  person  has  not  been  furnished  with  transportation  or 
money  in  lieu  thereof,  for  any  part  of  the  journey  therein  charged  for. 

§  5.  Because  of  an  emergency,  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

Approved  April  22,  1919. 


DEPARTMENT   OP  LABOR. 

§   1.     To  establish  free  employment  offi-        §   4.     How    drawn, 
ces. 

§   5.     Emergency. 
§    2.      Appropriates    $10,000.00. 

§   3.     When  Act  in  force. 

(House  Bill  No.   470.     Approved  May  28,   1919.) 

An  Act  authorizing  the  Department  of  Labor  to  establish  and  maintain 
additional  free  employment  offices,  and  making  an  appropriation 
therp.ior. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  In  view  of  the  emergency  created 
by  the  demobilization  of  the  military  and  naval  forces  of  the  United 
State,  the  Department  of  Labor  is  hereby  authorized  to  establish  and 
maintain  free  employment  offices  in  cities  having  a  population  exceeding 
25,000,  and  to  establish  and  maintain  additional  or  branch  offices,  where, 
in  the  judgment  of  the  Department  of  Labor,  labor  and  employment 
conditions  warrant,  in  cities  now  having  free  employment  offices. 
—5  L 


66  APPROPRIATIONS. 


§  2.  The  sum  of  $10,000  is  hereby  appropriated  to  the  Depart- 
ment of  Labor  for  the  support  and  maintenance  of  free  employment 
offices  and  branches  thereof,  established  under  the  provisions  of  this 
Act,  such  sum  to  be  available  for  expenditures  until  June  30,  1919. 

§  3.  This  Act  shall  be  in  force  from  and  after  its  passage  and 
until  the  30th'  day  of  June  A.  D.,  1921,  when  the  same  shall  cease  to 
be  of  any  force,  or  virtue. 

§  4.  The  Auditor  of  Public  Accounts  shall  draw  his  warrant  on 
the  State  Treasurer  for  the  sum  herein  appropriated,  upon  itemized 
vouchers,  certified  to  as  correct  by  the  Department  of  Labor,  and  ap- 
proved by  the  Department  of  Finance. 

§  5.  Because  of  an  emergency,  this  Act  shall  take  effect  from  and 
after  its  passage.  •    ' 

Approved  Mav  28,  1919. 


DEPARTMENT   OF  LABOR. 
§   1.     Appropriates    $10,000.00.  §   2.     How    drawn. 

(Senate  Bill  No.   535.     Approved  June  24,   1919.) 

An  Act  making  an  appropriation  to  the  Department  of  Labor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  ten  thousand  dollars 
($10,000),  or  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated to  the  Department  of  Labor,  for  the  purpose  of  carrying  out 
the  provisions  of  an  Act  entitled :  "An  Act  to  authorize  the  Director 
of  Labor  to  secure  information  for  statistical  purposes,  and  to  promote 
the  rehabilitation  in  industry  of  discharged  sailors  and  soldiers,"  ap- 
proved and  in  force  July  1,  1919. 

§  2.  Upon  the  presentation  of  proper  vouchers  certified  to  by  the 
Department  of  Labor  and  approved  by  the  Department  of  Finance,  the 
Auditor  of  Public  Accounts  is  authorized  to  draw  his  warrants  against 
the  appropriation  herein  made,  and  the  State  Treasurer  shall  pay  the 
same  out  of  any  moneys  in  the  State  treasury  not  otherwise  appro- 
priated. 

Approved  June  24,  1919. 


EDUCATIONAL— STATE   NORMAL   SCHOOLS. 
§    1.      Appropriates   $1,584,434.50.  S    3.      Subject  to   certain   provisions. 

S   2.     Expenses — school    terms. 

(House  Bill  No.   455.     Approved  June   30,    1919.) 

An  Act  making  appropriations  for  the  State  Normal  Schools. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  m  the  General  Assembly:  That  the  sum  of  $1,584  434  50  is 
hereby  appropriated  to  the  Department  of  Registration  and  Education 
tor  the  support,  operation,  maintenance  and  equipment  of  the  State 
Normal  Schools,  until  the  expiration  of  the  first  fiscal  quarter  after  the 
adjournment  of  the  next  General  Assembly  for  the  following  objects  and 
pu rposes : 


APPEOPBIATIONS.  07 


State  Normal  University. 

Salaries  and  wages. 

For  the  following  positions  at  not  to  exceed  the 

rates  herein  specified : 

For  president •  $  5,000  per  annum 

For  dean  of  normal  department  (30  weeks)  . .  .$  3,195  per  annum 
For  director  of  training  school  (36  weeks)  .  . .  .$  3,195  per  annum 

For  principal  of  high  school  (36  weeks) $  2,835  per  annum 

For  3  professors,  each  at  $2,655  per  annum  (36 

weeks) •....$  7,965  per  annum 

For  2  professors,  each  at  $2,610  per  annum  (36 

weeks)     $  5,220  per  annum 

For  2  professors,  each  at  $2,520  per  annum  (36 

weeks) $  5,040  per  annum 

For  2  professors,  each  at  $2,430  per  annum  (36 

weeks)  $  4,860  per  annum 

For  3  professors,  each  at  $2,340  per  annum  (36 

weeks)     $  7,020  per  annum 

For  3  professors,  each  at  $2,160  per  annum  (36 

weeks) $  6,480  per  annum 

For  1  professor  (36  weeks) $  2,025  per  annum 

For  2  assistant  professors,  each  at  $2,070  per 

annum  (36  weeks) $  4,140  per  annum 

For  1  assistant  professor  (36  weeks) $  1,980  per  annum 

For  3  assistant  professors,  each  at  $1,710  per 

annum  (36  weeks) $  5,130  per  annum 

For  2  assistant  professors,  each  at  $1,620  per 

annum  (36  weeks) $  3,240  per  annum 

For  2  assistant  professors,  each  at  $1,530  per 

annum  (36  weeks) , $  3,060  per  annum 

For  2  instructors,  each   at  $1,800   per   annum 

(36  weeks)    $  3,600  per  annum 

For  4  instructors,   each   at  $1,620   per  annum 

(36  weeks)    $  6,480  per  annum 

For  1  instructor   (36  weeks) . $  1,530  per'  annum 

For  3   instructors,   each   at  $1,485  per   annum 

(36    weeks)     $  4,455  per  annum 

For  6   instructors,   each   at  $1,395   per   annum 

(36  weeks)    $  8,370  per  annum 

For  4  instructors,   each   at  $1,260   per   annum 

(36  weeks)    $  5,040  per  annum 

For  1  instructor   (36  weeks) $  1,000  per  annum 

For  2  training  teachers,  each  at  $1,620  per  an- 
num   (36   weeks) $  3,240  per  annum 

For  2  training  teachers,  each  at  $1,395  per  an- 
num   (36   weeks) $  2.790  per  annum 

For  6  training  teachers,  each  at  $1,350  per  an- 
num (36  weeks) $  8,100  per  annum 


6S 


APPROPRIATIONS. 


Salaries  and  wages — Concluded. 

For  2  training  teachers,  each  at  $1,260  per  an- 
num (36  weeks) $  2,520  per  annum 

For  1  principal  (36  weeks) $  1,600  per  annum 

For  8  teachers,  each  at  $1,000  per  annum  (36 

weeks)     $  8,000  per  annum 

For  1  librarian  (36  weeks) $  1,170  per  annum 

For  1  assistant  librarian  (36  weeks) $      900  per  annum 

For  1  assistant  librarian  (36  weeks) $      600  per  annum 

For  1  catalogue   clerk $      935  per  annum 

For  1  secretary    $  1,200  per  annum 

For  1  stenographer    $  1,200  per  annum 

For  1  stenographer    $      720  per  annum 

For  1  clerk   $  1,000  per  annum 

For  1  cashier    , $      960  per  annum 

For  1  pianist  (part  time) $      200  per  annum 

For  1  engineer   $  1,600  per  annum 

For  2  firemen,  each  at  $960  per  annum ..$  1,920  per  annum 

For  1  fireman  (26  weeks) $      480  per  annum 

For  superintendent  of  grounds $  1,440  per  annum 

For  gardener $      900  per  annum 

For  garden  supervisor  services $        50  per  annum 

For  head  janitor   $  1,200  per  annum 

For  3  janitors,  each  at  $960  per  annum.  .....$  2,880  per  annum 

For  2  janitors,  each  at  $900  per  annum $  1,800  per  annum 

For  watchman , $      900  per  annum 

For  student  help    $      750  per  annum 

For  laborers $      981  per  annum 

For  lectures    $      500  per  annum 

For  commencement  addresses ,.$        75  per  annum 

For  summer  school $27,895  per  annum 

First  Year     Second  Year 

Total  for  salaries  and  wages $179,366.00     $179,366.00 

Office  expenses    $     1,100.00     $     1,100.00 

Travel $     2,000.00     $     2,000.00 

Operation    $  18,930.00     $  18,930.00 

Repairs    $  20,756.00     $  10,750.00 

Equipment $     3,850.00     $     1,700.00 

Permanent    improvements    $     3,000.00      

Contingencies   , $     1,000.00     $     1,000.00 

Total  for  the  State  Normal  University $444,848.00 


APPROPRIATIONS.  69 


Northern  Illinois  State  Normal  School. 

Salaries  and  wages. 
For  the  following  positions  at  not  to  exceed  the 

rates  herein  specified : 

For  president    $  5,000  per  annum 

For  dean   (36  weeks) $  3,450  per  annum 

For  director  of  practice  and  employment  agent 

(36  weeks)    (part  time) $  1,500  per  annum 

For   2   professors,   each   at   $2,800   per  annum 

(36  weeks)    $5,600  per  annum 

For   4  professors,   each   at   $2,700   per  annum 

(36  weeks) $10,800  per  annum 

For  1  professor  (36  weeks) $  2,400  per  annum 

For   4   professors,   each   at   $2,200   per   annum 

(36  weeks)    . $  8,800  per  annum 

For  2   professors,  each   at  $1,840   per  annum 

(36  weeks)    $  3,680  per  annum 

For  5  assistant  professors,  each  at  $1,600  per 

annum  (36  weeks) $  8,000  per  annum 

For  4  assistant  professors,  each  at  $1,200  per 

annum    (36  weeks) $  4,800  per  annum 

For  1  assistant  professor  (36  weeks) $  1,000  per  annum 

For  principal  of  practice  school  (36  weeks) .  .  .$"  2,000  per  annum 
For  principal  of  practice  school  (36  weeks)  . .  .$  1,800  per  annum 
For  3  critic  teachers,  each  at  $1,400  per  annum 

(36  weeks)    $4,200  per  annum 

For  6  critic  teachers,  each  at  $1,300  per  annum 

(36  weeks)    $  7,800  per  annum 

For  3  critic  teachers   each  at  $1,200  per  annum 

(36  weeks)    $  3,600  per  annum 

For  2  critic  teachers,  each  at  $750  per  annum 

(36  weeks)    (part  time) $  1,500  per  annum 

For  2  critic  teachers,  each  at  $650  per  annum 

(36  weeks)    (part  time) $  1,300  per  annum 

For  2  assistant  teachers,  each  at  $600  per  an- 
num (36  weeks)    (part  time) $  1,200  per  annum 

For  librarian  (36  weeks) $  1,400  per  annum 

For  assistant  librarian  (36  weeks) $  1,150  per  annum 

For  dormitory  matron $  1>550  per  annum 

For   secretary    . $  1,265  per  annum 

For  clerk    $  1.000  per  annum 

For  lecturer $  2,500  per  annum 

For  engineer  and  electrician $  1,800  per  annum 

For  assistant  engineer $  1,380  per  annum 

For  2  firemen,  each  at  $1,200  per  annum $  2,400  per  annum 

For  2  firemen,  each  at  $600  per  annum $  1,200  per  annum 

For  3  janitors,  each  at  $1,200  per  annum $  3,600  per  annum 

For  superintendent  of  grounds  and  greenhouses .  $  1,610  per  annum 
For  superintendent  of  buildings $  1,800  per  annum 


70  APPROPRIATIONS. 


Salaries  and  wages — Concluded. 

For  watchman    $      900  per  annum 

For  student  help $      400  per  annum 

For  team  service $      400  per  annum 

For  laborers    $  1,850  per  annum 

For  lectures    $      360  per  annum 

For  summer  school $  9,000  per  annum 

For  the  purchase  of  house  and  lot  to  be  occupied  as 
a  residence  by  the  president  of  the  Northern  Illi- 
nois State  Normal  School $15,000.00  [Vetoed] 

First  Year     Second  Year 

Total  for  salaries  and  wages $113,995.00     $113,995.00 

Office  expenses    $        "00.00     $        700.00 

Travel    $        250.00     $        250.00 

Operation    $  19,500.00     $  19,500.00 

Eepairs    $     6,300.00     $     5,750.00 

Equipment $     2,900.00     $     2,300.00 

Contingencies    $     1,000.00     $     1,000.00 

Total  for  Northern  Illinois  State  Formal  School $303,140.00 

Eastern  Illinois  State  Normal  School. 

Salaries  and  wages. 

For  the  following  positions  at  not  to  exceed  the 
rates  herein  specified : 

For  president    $  5,000  per  annum 

For   3   professors,   each   at  $2,800   per   annum 

(36  weeks) $  8,400  per  annum 

For  1  professor  (36  weeks) $  2,700  per  annum 

For   2   professors,   each   at   $2,600   per   annum 

(36  weeks)    .'.... $  5,200  per  annum 

For   3   professors,   each   at   $2,400   per   annum 

(36  weeks)    ..'...: $  7,200  per  annum 

For  1  assistant  professor  (36  weeks) $  2,350  per  annum 

For  1  assistant  professor  (36  weeks) $  2,100  per  annum 

For  6  assistant  professors,  each  at  $2,000  per 

annum    (36  weeks) $12,000  per  annum 

For  1  assistant  professor   (36  weeks) $  1,900  per  annum 

For  3    training   teachers,    each    at    $1,700    per 

annum  (36  weeks) $  5,100  per  annum 

For  1  training  teacher  (36  weeks) $  1,650  per  annum 

For  3  training  teachers,  each  at  $1,500  per  an- 
num (36  weeks) $  4,500  per  annum 

For  1  training  teacher   (36  weeks) $  1,450  per  annum 

For  2  training  teachers,  each  at  $1,350  per  an- 
num (36  weeks) $  2,700  per  annum 

For  4  instructors,  each  at  $1,500  per  annum  (36 

weeks)    $  6.000  per  annum 


APPROPRIATIONS.  71 


Salaries  and  wages — Concluded. 

For  2  instructors,  each  at  $1,400  per  annum  (36 

weeks)    $  2,800  per  annum 

For  3  instructors,  each  at  $1,200  per  annum  (36 

weeks) $  3,600  per  annum 

For  librarian   (36  weeks) $  1,458  per  annum 

For  assistant  librarian  (36  weeks) $  1,026  per  annum 

For  assistant  librarian  (36  weeks) $      729  per  annum 

For  clerk  and  stenographer $  1,400  per  annum 

For  stenographer    $  1,000  per  annum 

For  registrar    $  2,500  per  annum 

For  instructor  and  nurse $      900  per  annum 

vj  For  engineer $  1,740  per  annum 

For  fireman    .  .  .  -. $      960  per  annum 

For  fireman $      840  per  annum 

For  1  janitor   $  1,260  per  annum 

For  4  janitors,  each  at  $840  per  annum $  3,360  per  annum 

For  superintendent  of  grounds $  1,680  per  annum 

For  watchman    $      900  per  annum 

For  student  help    $      500  per  annum 

For  3  laborers,  each  at  $840  per  annum $  2,520  per  annum 

For  1  laborer  (part  time) $      560  per  annum 

For  emergency  teachers  and  additional  summer 

school  lecturers $  1,322  per  annum 

For  summer  school $  9,538.25  per  annum 

First  Year     Second  Year 

Total  for  salaries  and  wages $108,848.25     $108,848.25 

Office  expenses $        950.00     $        950.00 

Travel    $        600.00     $        600.00 

Operation    $  14,500.00     $  14,500.00 

Repairs    $     9,575.00     $     6,275.00 

Equipment    $     3,500.00     $     1,400.00 

Permanent  improvements   $     3,000.00      

Contingencies    $     1,000.00     $     1,000.00 

Total  for  Eastern  Illinois  State  Normal  School $275,546.50 

Southern  Illinois  State  Normal  School. 

Salaries  and  wages.  v 

For  the  following   positions   at   not   to   exceed   the 

rates  herein  specified: 

For  president    $  5,000  per  annum 

For  3  professors,,  each  at  $3,000  per  annum  (36 

weeks) $  9,000  per  annum 

For  4  professors,  each  at  $2,800  per  annum  (36 

weeks)    '. $11,200  per  annum 

For  3  professors,  each  at  $2,600  per  annum  (36 

weeks)     $  7,800  per  annum 


72  APPROPRIATIONS. 


Salaries  and  wages — Concluded. 

For  1  professor  (36  weeks) $  1,500  per  annum 

For  3  assistant  professors,  each  at  $2,300  per 

annum    (36  weeks) $  6,900  per  annum 

For  3  assistant  professors,  each  at  $2,100  per 

annum    (36  weeks) .$  6,300  per  annum 

For  3  assistant  professors,  each  at  $2,000  per 

annum    (36  weeks) $  6,000  per  annum 

For  4  assistant  professors,  each  at  $1,800  per 

annum    (36  weeks) ..$  7,200  per  annum 

For  2  instructors,  each  at  $1,700  per  annum 

(36  weeks)    $  3,400  per  annum 

For  2  instructors,  each  at  $1,600   per  annum 

(36  weeks)    $  3,200  per  annum 

For  2  instructors,  each  at  $1,500   per  annum 

(36  weeks)    $  3,000  per  annum 

For  2  instructors,  each  at  $1,400  per  annum 

(36  weeks)    $  2,800  per  annum 

For  1  instructor  (36  weeks) $  1,350  per  annum 

For  1  instructor   (36  weeks) $  1,200  per  annum 

For  2  instructors,   each  at  $1,000  per  annum 

(36  weeks)    $  2,000  per  annum 

For  1  critic  teacher  (36  weeks) $  1,900  per  annum 

For  2  critic  teachers,  each  at  $1,600  per  annum 

(36  weeks)    $  3,200  per  annum 

For  1  critic  teacher  (36  weeks) $  1,500  per  annum 

For  3  critic  teachers,  each  at  $1,400  per  annum 

(36  weeks)    $  4,200  per  annum 

For  1  librarian  (36  weeks) $  1,100  per  annum 

For  1  secretary $  1,800  per  annum 

v'For  1  engineer $  1,200  per  annum 

For  1  fireman $  1,100  per  annum 

For  1  fireman $  1,000  per  annum 

For  head  janitor $  1,200  per  annum 

For  1  janitor $  1,000  per  annum. 

For  1  janitor $      900  per  annum 

For  1  janitor $      840  per  annum 

For  watchman $      840  per  annum 

For  farmer    $      900  per  annum 

For  1  farm  laborer $      720  per  annum 

For  1  laborer  (13  weeks) $      240  per  annum 

For  student  and  transient  help $  2,770  per  annum 

For  summer  school $11,300  per  annum 

First  Year     Second  Year 

Total  for  salaries  and  wages $115,560.00     $115,560.00 

Office  expenses    $     1,640.00     $     1,640.00 

Travel    $        600.00     $        600.00 

Operation    $  13,400.00     $  13,400.00 

Repairs    $     9,350.00     $     7,200.00 


APPROPRIATIONS.  73 


First  Year     Second  Year 

Equipment    $     2,790.00     $     2,290.00 

Contingencies    $     1,000.00     $     1,000.00 

Total  for  Southern  Illinois  State  Normal  School $286,030.00 

Western  Illinois  State  Normal  School. 

Salaries  and  wages. 

For  the  following  positions  at  not  to  exceed  the 

rates  herein  specified : 

For  president $  5,000  per  annum 

For  professor  and  dean  (36  weeks) $  2,727  per  annum 

For  professor  and  dean  (36  weeks) $  2,205  per  annum 

For  1  professor  (36  weeks) $  2,727  per  annum 

For  1  professor  (36  weeks) $  2,070  per  annum 

For  7  professors,    each    at   $2,475    per    annum 

(36  weeks)    , $17,325  per  annum 

For  6  assistant  professors,  each  at  $1,629  per 

annum    (36    weeks) .$  9,774  per  annum 

For  2  assistant  professors,  each  at  $1,675  per 

annum  (36  weeks) $  3,350  per  annum 

For  2  assistant  professors,  each  at  $1,800  per 

annum  (36  weeks)  .  ., $  3,600  per  annum 

-■•■  For  3  assistant  professors,  each  at  $1,656  per 

annum  (36  weeks) $  4,968  per  annum 

For  1  assistant  professor  (36  weeks) $  1,719  per  annum 

For  1  instructor   (36  weeks) $  1,000  per  annum 

For  1  instructor  (36  weeks)  . $  1,260  per  annum 

For  extra  instructors $  1,260  per  annum 

._  ..For  1  instructor   (36  weeks) $  1,500  per  annum 

For  1  training  teacher  principal   (36  weeks).. $  1,675  per  annum 
For  3  training  teachers,  each  at  $1,350  per  an- 
num  (36  weeks) $  4,050  per  annum 

For  2  training   teachers,    each    at   $1,215    per 

annum   (36  weeks) $  2,430  per  annum 

For  1  training  teacher  (36  weeks) $  1,080  per  annum 

For  1  training  teacher  (36  weeks) $  1,000  per  annum, 

For  1  librarian  (36  weeks) $  1,566  per  annurif- 

For  1  assistant  librarian  (36  weeks) $      675  per  annum 

For  1  assistant  librarian  (36  weeks) $      360  per  annum 

For  registrar ■, , $  1,150  per  annum 

For  assistant     registrar     and     instructor     (36 

weeks)    $  1,026  per  annum 

For  1  stenographer $  1,080  per  annum 

For  engineer , $  1,380  per  annum 

For  assistant  engineer  and  fireman $  1,000  per  annum 

For  2  firemen,  each  at  $828  per  annum $  1,656  per  annum 

For  head  janitor $  1,200  per  annum 


74  .  APPROPRIATIONS. 


Salaries  and  wages— Concluded. 

For "2  janitors,  each  at  $1,000  per  annum.  ....,$  2,000  per  annum 

For  1  janitor $      897  per  annum 

For  1  janitor $      858  per  annum 

For  watchman $      828  per  annum 

For  ground  man $      897  per  annum 

For  student  help $      400  per  annum 

For  labor   •  •$      "50  per  annum 

For  lectures $      300  per  annum 

For  summer  school    $11,777  per  annum 

First  Year    i  Second  Year 

Total- for  salaries  and  wages $100,520.00  ]  $100,520.00 

Office  expenses  $     1,750.00  /  $     1,750.00 

Travel $     2,500.00  /  $     2,500.00 

Operation    $  15,200.00     $  15,200.00 

Eepairs $  13,090.00     $     8,310.00 

Equipment $     3,000.00     $     3,000.00 

Permanent  improvements $     5,500.00 

Contingencies   $     1,000.00     $     1,000.00 

Total  for  Western  Illinois  State  Normal  School.  . . ' $274,870.00 

§  2.  The  salary  and  wage  appropriations  herein  made  shall  cover 
the  expenses  of  two  regular  normal  school  "years"  of  thirty-six  weeks 
each  beginning,  respectively,  in  September  1919,  and  September  1920, 
also  four-sixths  of  the  six  weeks'  summer  term  in  the  year  1919,  a  full 
six  weeks'  summer  term  to  be  held  in  the  year  1920  and  two-sixths  of  a 
six  weeks'  summer  term  to  be  held  in  the  year  1921,  and,  if  offered,  an 
additional  six  weeks'  term  in  the  summers  of  1919  and  1920. 

§  dr.  The  appropriations  herein  made  shall  be  subject  to  all  the 
provisions,  conditions  and  limitations  of  an  Act  entitled,  "An  Act  in 

relation  to  State  finance,"  approved ,  1919,  in  force  July 

1,  1919." 

Approved  June  30,  1919.     [Except  item  marked  "[Vetoed]."] 


GENERAL  ASSEMBLY,   FIFTY-FIRST — INCIDENTAL  EXPENSES. 

§    1.     Appropriates    $20,000    as    follows:        §   2.     How    drawn. 
Senate.  $8,000;  House  of  Repre- 
sentatives,   $12,000.  §   3.     Emergency. 

(Senate  Bill  No.  1.     Approved  February  13,  1919.) 

An  Act  to  provide  for  the  incidental  expenses  of  the  Fifty-first  General 
Assembly  of  the  State  of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  following  sums,  or  so 
much  thereof  as  may  be  required,  are  hereby  appropriated  to  pay  the 
incidental  expenses  of  the  Fifty-first  General  Assembly: 

To  the  Senate,  the  sum  of  eight  thousand  dollars  ($8,000.00),  or  so 
much  thereof  as  may  be  required,  to  be  expended  on  vouchers  certified 
to  by  the  President  of  the  Senate. 


APPROPRIATIONS. 


To  the  House  of  Representatives,  the  sum  of  twelve  thousand  dollars 
($12,000.00),  or  so  much  thereof  as  may  be  required,  to  be  expended 
on  vouchers  certified  to  by  the  Speaker  of  the  House  of  Representatives. 

§  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  funds  in  the  State  treasury  not 
otherwise,  appropriated. 

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

Approved  February  13,  1919. 


GENERAL,    ASSEMBLY,    FIFTY-FIRST — OFFICERS    AND    EMPLOYEES. 

§   1.     Appropriates    $98,000    as    follows:        §   2.     How    drawn. 
Senate,    $42,000;    House    of    Re- 
presentatives,   $56,000.  §   3.     Emergency. 

(Senate  Bill  No.  2.     Approved  February  13,  1919.) 

An  Act  making  appropriations  for  the  payment  of  the  officers  and  em- 
ployees of  the  Fifty-first  General  Assembly  of  the  State  of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  is  hereby 
appropriated  the  sum  of  ninety-eight  thousand  dollars  ($98,000.00)  or 
so  much  thereof  as  may  be  necessary  to  pay  the  per  diem  of  the  officers 
and  employees  of  the  Fifty-first  General  Assembly  of  the  State  of  Illi- 
nois at  the  rate  of  compensation  allowed  by  law  or  resolution  of  either 
House,  of  the  amounts  herein  appropriated  forty-two  thousand  dollars 
($42,000.00)  is  appropriated  for  the  payment  of  the  Senate  officers 
and  employees,  and  fifty-six  thousand  dollars  ($56,000.00)  is  appro- 
priated for  the  payment  of  the  officers  and  employees  of  the  House  of 
Representatives.  Said  officers  and  employees  to  be  paid  upon  rolls 
certified  to  by  the  presiding  officers  of  the  respective  Houses.. 

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

§  3.  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  13,  1919. 


GENERAL    ASSEMBLY,    FIFTY-FIRST — COMMITTEE    EXPENSES. 

§1.     Appropriates     $28,000     as     follows:        §   2.     How    drawn. 
Senate,  $8,000;  House  of  Repre- 
sentatives,   $20,000.  §   3.     Emergency. 

(Senate  Bill  No.  3.     Approved  February  13,  1919.) 

An  Act  making  an  appropriation  to  pay  the  expenses  of  the  committees 
of  the  Fifty-first  General  Assembly  of  the  State  of  Illinois. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  the  following  sums,  or  so 


76  APPROPKIATIONS. 


much  thereof  as  may  be  necessary,  are  hereby  appropriated  to  pay  the 
expenses  of  the  committees  of  the  Fifty-first  General  Assembly  of  the 
State  of  Illinois: 

To  the  Senate,  the  sum  of  eight  thousand  dollars  ($8,000.00),  or 
so  much  thereof  as  may  be  necessary  to  be  expended  upon  presentation 
of  vouchers  certified  to  by  the  chairman  of  the  committee  incurring  the 
expenses  and,  approved  by  the  President  of  the  Senate. 

To  the  House  of  Eepresentatives,  the  sum  of  twenty  thousand 
dollars  ($20,000.00),  or  so  much  thereof  as  may  be  necessary  to  be 
expended  upon  presentation  of  vouchers  certified  to  by  the  chairman  of 
the  committee  incurring  the  expenses  and  approved  by  the  Speaker 
of  the  House  of  Eepresentatives. 

§  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  Fifty-first  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  February  13,  1919. 


GENERAL,  ASSEMBLY — STATE   OFFICERS. 

§   1.     Appropriates    $3,124,000.00 —        §   2.     How  drawn, 
salaries. 

(Senate  Bill  No.   278.     Approved  June   24,  1919.) 

An  Act  making  appropriations  for  the  pay  of  officers  and  members  of 
the  next  General  Assembly  and  certain  officers  of  the  State  govern- 
ment. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  There  is  appropriated  the  sum 
of  $3,124,000.00,  or  so  much  thereof  as  may  be  necessary,  to  pay  the 
officers  and  members  of  the  next  General  Assembly  and  certain  officers 
of  the  State  government  hereinafter  mentioned  until  the  expiration  of 
the  first  fiscal  quarter  after  the  adjournment  of  the  regular  session  of 
the  next  General  Assembly  at  the  rate  of  compensation,  as  follows, 
to-wit : 

For  Governor $  12,000.00  per  annum 

For  Lieutenant  Governor $     2,500.00  per  annum 

For  Lieutenant  Governor,  President  pro  tern  of 
the   Senate  or  other  officers  while   acting   as 

-    Governor  at  the  rate  of  $33.33  per  day $     5,000.00  per  annum 

For   Secretary  of  State $     7,500.00  per  annum 

For  Auditor  of  Public  Accounts $     7,500.00  per  annum 

For  State  Treasurer $  10,000.00  per  annum 

For  Superintendent  of  Public  Instruction $     7,500.00  per  annum 


APPEOPEIATIONS.  77 


For   Attorney   General $  10,000.00  per  annum 

For  Assistant  Attorney  General  (Cook  County)  .$     3,500.00  per  annum 

For  Assistant  Attorney  General  (Cook  County)  .$     5,000.00  per  annum 

For  Assistants  Attorney   General    (2   for   Cook 

County,  at  $4,000  each) $     8,000.00  per  annum 

For  Adjutant  General $     7,000.00  per  annum 

For  Assistant  Adjutant  General $     5,000;00  per  annum 

For  Assistant  Quartermaster  General $     5,000.00  per  annum 

For  Assistant  Quartermaster  General $     1,500.00  per  annum 

For  Civil  Service  Commission  (3  members;  1  at 

$4,000;  president;  and  2  at  $3,000  each) $  10,000.00  per  annum 

For  Civil  Service  Commission  (Chief  Examiner 

as  ex-officio   Secretary) $     3,500.00  per  annum 

For  watchmen  at  State  House  (22  at  $1,000 
each)     $  22,000.00  per  annum 

For  Illinois  Historical  Library  (Librarian) .  .  .  .$     3,000.00  per  annum 

For  members  and  officers  of  the  52nd  General 
Assembly  (salaries  and  mileage) $800,000.00 

For    Judges    Supreme    Court    (7    members    at 

$10,000   each)    $  70,000.00  per  annum 

For  Judges  Supreme  Court  (Private  Secre- 
taries, 7  at  $3,000  each) $  21,000.00  per  annum 

For  Supreme  Court    (1  Marshal) $     1,500.00  per  annum 

For  Supreme  Court  Clerk $     7,500.00  per  annum 

For  Supreme  Court  Reporter $     6,000.00  per  annum 

For  Judges  of  the  Circuit  Courts  and  Superior 

Courts  (91  at  $5,000  each) $455,000.00  per  annum 

For  increased  compensation  of  Circuit  Judges  to 

be  elected  in  June,  1921. $  10,000.00 

For  Judges  of  City  Courts  (35  estimated) $  60,000.00  per  annum 

For  Judges   Court   of   Claims    (3   members   at 

$1,500  each)    $     4,500.00  per  annum 

For  State's  attorneys  (102  at  $400  each)    $  40,800.00  per  annum 

For  Clerks  for  Judges,  Appellate  Courts  (18  at 

at  $2,000  each) $  36,000.00  per  annum 

For  Department  of  Finance   (Director) $     7,000.00  per  annum 

For  Department  of  Finance  (Assistant  Direc- 
tor)      $     4,200. $0  per  annum 

For    Department    of    Finance    (Administrative 

Auditor    , $     4,800.00  per  annum 

For    Department    of    Finance    (Superintendent 

of  Budget)    $     3,600.00  per  annum 

For    Department    of    Finance    (Superintendent 

of  Department  Reports) $     3,600.00  per  annum 

For  Department  of  Finance  (3  Tax  Commis- 
sioners at  $6,000  each) $  18,000.00  per  annum 

For  Department  of  Finance  (1  Statistician  for 

Tax  Commission)    $     4,000.00  per  annum 

For  Department  of  Agriculture  (Director) .  . .  .$     6,000.00  per  annum 


78  APPROPRIATIONS. 


For     Department     of     Agriculture     (Assistant 

Director) $     3,000.00  per  annihn 

For  Department  of  Agriculture  (General  Man- 
ager State  Fair) $     3,600.00  per  aunum 

For  Department  of  Agriculture  (Superintend- 
ent of  Foods  and  Dairies) $     4,800.00  per  annum 

For  Department  of  Agriculture  (Superintend- 
ent of  Animal  Industry) : $     3,600.00  per  annum 

For  Department  of  Agriculture  (Superintend- 
ent of  Plant  Industry $     3,600.00  per  annum 

For  Department  of  Agriculture  (Chief  Game 
and  Fish  Warden $     3,600.00  per  annum 

For  Department  of  Agriculture  (2  Commis- 
sioners of  Food  Standards  at  $450.  each) .  .  .  .$        900.00  per  annum 

For  Department  of  Agriculture  (Chief  Veteri- 
narian    $     4,200.00  per  annum 

For  Department  of  Labor  (Director) $     5,000.00  per  annum 

For  Department  of  Labor  (Assistant  Director)  .$     3,0t)0.00  per  annum 

For  Department  of  Labor  (Chief  Factory  In- 
spector)  $     3,000.00  per  annum 

For  Department  of  Labor    (Superintendent   of 

Free   Employment   Offices) ..$     3,000.00  per  annum 

For  Department  of  Labor   (Chief  Inspector  of 

Private  Employment  Agencies) $     3,000.00  per  annum 

For  Department  of  Labor  (5  Industrial  Officers 

at  $5,000  each) $  25,000.00  per  annum 

For  Department  of  Mines  and  Minerals  (Direc- 
tor)     $     5,000.00  per  annum 

For  Department  of  Mines  and  Minerals  (As- 
sistant Director)    $     3,000.00  per  annum 

For.Department  of  Mines  and  Minerals  (Mining 

Board,  4  members  at  $500.  each) $     2,000.00  per  annum 

For  Department  of  Mines  and  Minerals 
(Miners'  Examining  Board,  4  members  at 
$1,800  each)    $     7,200.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Director)     $     7,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Assistant   Director)     , '.$     4,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Superintendent  of  Highways) $     5,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Chief  Highway  Engineer) $     5,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Supervising   Architect) $     4,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Supervising   Engineer)     $     4,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Superintendent   of  Waterways) $'    5,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Superintendent  of  Printing) $     5,000.00  per  annum 


APPROPRIATIONS.  79 


For  Department  of  Public  Works  and  Buildings 

(Superintendent  of  Purchases  and  Supplies)  .$     5,000.00  per  annum 

For  Department  of  Public  Works  and  Buildings 

(Superintendent  of  Parks) $     2,500.00  per  annum 

For  Department  of  Public  Welfare  (Director). $     7,000.00  per  annum 

For  Department  of  Public  Welfare  (Assistant 
Director)   $     4,000.00  per  annum 

For  Department  of  Public  .Welfare  (Alienist) .  .$     5,000.00  per  annum 

For  Department  of  Public  Welfare  (Criminolo- 
gist)  $     5,000.00  per  annum 

For  Department  of  Public  Welfare  (Fiscal  Su- 
pervisor)     $     5,000.00  per  annum 

For  Department  of  Public  Welfare  (Superin- 
tendent of  Charities) $     5,000.00  per  annum 

For  Department  of  Public  Welfare  (Superin- 
tendent of  Prisons) $     5,000.00  per  annum 

For  Department   of   Public   Welfare    (Superin- 

intenclent  of  Pardons  and  Paroles) $     5,000.00  per  annum 

For  Department  of  Public  Health  (Director)  .  .$     6,000.00  per  annum 

For  Department  of  Public  Health  (Assistant 
Director) $     3,600.00  per  annum 

For  Department  of  Public  Health  (Superin- 
tendent of  Lodging  House  Inspection) $     3,000.00  per  annum 

For  Department  of  Trade  and  Commerce  (Di- 
rector)     $     7,000.00  per  annum 

For  Department  of  Trade  and  Commerce  (As- 
sistant Director)   $     4,000.00  per  annum 

For  Department  of  Trade  and  Commerce  (Su- 
perintendent of  Insurance) $     5,000.00  per  annum 

For  Department  of  Trade  and  Commerce  (Fire 

Marshal)    $     3,000.00  per  annum 

For  Department  of  Trade  and  Commerce  (Su- 
perintendent of  Standards) $     2,500.00  per  annum 

For  Department     of     Trade     and     Commerce 

(Chief  Grain  Inspector) $     5,000.00  per  annum 

For  Department  of  Trade  and  Commerce  (3 
Appeal  Members  Grain  Inspection  Depart- 
ment at  $1200  each) $     3,600.00  per  annum 

For  Department  of  Trade  and  Commerce  (5 
Public  Utilities  Commissioners  at  $7,000 
each)    $  35,000.00  per  annum 

For  Department  of  Trade  and  Commerce  (Sec- 
retary Public  Utilities  Commission) $     4,000.00  per  annum 

For  Department  of  Eegistration  and  Education 

(Director)    " $     5,000.00  per  annum 

For  Department  of  Eegistration  and  Education 

(Assistant  Director)    $     3.600.00  per  annum 

For  Department  of  Eegistration  and  Education 

(Superintendent  of  Eegistration) $     4,200.00  per  annum 


80  APPROPRIATIONS. 


§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  aid 
directed  to  draw  his  warrants  upon  the  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  appro- 
priated. 

Approved  June  24,  1919. 


GENERAL     ASSEMBLY,     FIFTY-FIRST — JOINT     LEGISLATIVE     COMMITTEE. 
§    1.     Appropriates   $5,000.  §    3.     Emergency. 

§    2.     How    drawn. 

(Senate  Bill  No.  233.     Approved  April  18,  1919.) 

An  Act  to  make  an  appropriation  for  the  joint  legislative  committee 
created  pursuant  to  Senate  Joint  Resolution  No.  17,  Fifty-first  Gen- 
eral Assembly,  containing  an  emergency  provision. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  There  is  hereby  appropriated  for 
the  necessary  expenses  of  the  joint  legislative  committee  created  pursuant 
to  Senate  Joint  Resolution  No.  17,  Fifty-first  General  Assembly,  for  the 
carrying  out  of  the  provisions  of  that  resolution,  the  sum  of  five  thou- 
sand dollars  ($5,000). 

§  2.  The  Auditor  of  Public  Accounts  is  authorized  and  directed 
to  draw  his  warrants  against  the  appropriation  herein  made,  upon  the 
presentation  of  vouchers  approved  by  the  chairman  of  the  committee, 
the  Speaker  of  the  House  of  Representatives,  and  the  President  of  the 
Senate,  and  the  State  Treasurer  is  authorized  and  directed  to  pay  them 
out  of  any  money  remaining  in  the  State  treasury,  not  otherwise  appro- 
priated. 

§  3.  Because  of  an  emergency,  this  Act  shall  take  effect  upon  its 
passage. 

Approved  April  18,  1919. 


GRAND  ARMY  HALL  AND  MEMORIAL  ASSOCIATION — GRAND  ARMY  OF 
THE  REPUBLIC  OF  THE  DEPARTMENT  OF  ILLINOIS — ILLINOIS  FIRE- 
MEN'S ASSOCIATION. 

§    1.     Appropriates    amounts    named    in        §   4.     Illinois   Firemen's   Association, 
succeeding   sections.  $2,000.00. 

§    2.     Grand   Army    Hall    and    Memorial        §    5.      Subject   to   certain   conditions. 
Association,    $5,700.00. 

§  3.  Grand  Army  of  the  Republic  of 
the  Department  of  Illinois, 
$2,000.00. 

(Senate  Bill  No.   215.     Approved  Mat   21,   1919.) 

An  Act  making  appropriations  in  aid  of  the  Grand  Army  Hall  and 
Memorial  Association,  the  Grand  Army  of  the  Republic  of  the  Depart- 
ment of  Illinois,  and  the  Illinois  Firemen's  Association. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  following  named  sums 
or  so  much  thereof  as  may  be  necessary,  respectively,  for  the  purposes 


APPROPRIATIONS.  81 


hereinafter  named  for  the  biennium  beginning  July  1,  1919  and  until 
the  expiration  of  the  first  fiscal  quarter  after  the  adjournment  of  the 
next  General  Assembly,  be  and  are  hereby  appropriated  to  the  boards, 
societies,  associations  and  organizations  following,  to-wit : 

§  2.     To  the  Grand  Army  Hall  and  Memorial  Association : 
For  salaries  and  wages : 

2  Custodians  (eg  $1,000  per  annum  each $1,000.00 

For  contingencies 1,700.00 

Total    $5,700.00 

§  3.  To  the  Grand  Army  of  the  Republic  of  the  Department  of 
Illinois : 

For  printing  and  publishing  general  orders,  circular 
letters,  proceedings  of  the  department  encamp- 
ments, and  other  contingent  expenses  of  a  similar 
nature,  and  keeping  a  permanent  record  of  the 
soldiers  and  sailors  of  the  Civil  War $2,000.00 

Total    $2,000.00 

§  4.     To  the  Illinois  Firemen's  Association: 
For  postage,  expenses  of  annual  meetings  and   dis- 
semination of  information $2,000.00 

Total    $2,000.00 

§  5.  Appropriations  herein  made  shall  be  subject  to  all  the  pro- 
visions, conditions  and  limitations  of  an  Act  entitled  "An  Act  in  rela- 
tion to   State  finances,"  approved ,  1919,  in  force  July 

1,  1919. 

Approved  May  21,  1919. 


HARD  ROADS — REAPPROPRIATION. 
§    1.     Reappropriates  unexpended  balance. 

(House  Bill  No.   612.     Approved  June  28,   1919.) 

An  Act  to  reappropriate  the  unexpended  balance  of  the  appropriation 
of  $60,000,000  made  by  an  Act  entitled  "An  Act  in  relation  to  the 
construction  by  the  State  of  Illinois  of  a  State-wide  system  of  durable 
hard-surfaced  roads  upon  public  highways  of  the  State  and  the  pro- 
vision of  means  for  the  payment  of  the  cost  thereof  by  an  issue  of 
bonds  of  the  State  of  Illinois,"  approved  June  22,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illino-is, 
represented  in  the  General  Assembly:  That  there  be  and  is  hereby 
appropriated  to  the  Department  of  Public  Works  and  Buildings  the 
unexpended  balance  of  the  appropriation  of  $60,000,000  made  by  an 
Act  entitled  "An  Act  in  relation  to  the  construction  by  the  State  of 
Illinois  of  a  State-wide  system  of  durable  hard-surfaced  roads  upon 
public  highways  of  the  State  and  the  provision  of  means  for  the  pay- 

—6  L 


APPROPRIATIONS. 


ment  of  the  cost  thereof  by  an  issue  of  bonds  of  the  State  of  Illinois," 
approved  June  22;  1917,  for  the  purpose  of  constructing  hard-surfaced 
roads  in  accordance  with  the  provisions  of  said  Act,  such  appropriation 
to  be  paid  out  of  the  State  Bond  Eoad  Fund  in  the  manner  provided  in 
said  Act. 

Approved  June  28,  1919. 


HISTORY  OP  WORLD  WAR. 

§1.   State   Historical   Library   to    publish        §   3.      Subject   to   certain  provisions, 
manuscripts. 

§   2.     Appropriates    $50,000.00. 

(House  Bill  No.   731.     Approved  June  28,  1919.) 

An  Act  to  authorize  the  publication  of  the  history  of  the  achievements 
in  the  World  War  of  the  soldiers,  sailors  and  marines  from  the  State 
of  Illinois,  and  to  make  an  appropriation  therefor. 

Whereas  :  More  than  300,000  citizens  of  the  State  of  Illinois 
nobly  responded  to  the  call  of  the  nation  during  the  great  World  War; 
and 

Whereas  :  It  is  fitting  and  proper  that  the  achievements  and  ac- 
complishments of  the  gallant  soldiers,  sailors  and  marines  of  this  State, 
and  the  story  of  their  patriotism  and  devotion  to  their  country's  cause 
during  that  great  crisis,,  should  be  recorded  for  the  benefit  of  the 
present  and  future  generations;  and, 

Whereas  :  Official  manuscript  histories  of  the  achievements  and 
accomplishments  of  the  members  of  the  Thirty-third  Division  and  the 
One  Hundred  Forty  Ninth  Field  Artillery,  units  of  the  Army  of  the 
United  States  composed  of  citizens  of  Illinois,  who  served  so  splendidly 
under  the  flag  of  the  United  States  during  the  great  struggle,  just 
victoriously  terminated,  have  been  prepared  for  publication  and  pre- 
sented to  the  State :  now,  therefore 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  Illinois  State  Historical 
Library  is  hereby  authorized  and  directed  to  edit  and  publish  the 
manuscript  histories  of  the  Thirty  Third  Division  and  the  One  Hundred 
Forty  Ninth  Field  Artillery  which  have  been  prepared  for  publication 
and  presented  to  the  State.  A  sufficient  number  of  copies  of  said 
histories  shall  be  published  to  supply,  without  cost,  each  member  of  said 
Thirty  Third  Division  and  One  Hundred  Forty  Ninth  Field  Artillery, 
and  the  family  of  each  deceased  member,  with  one  copy  thereof. 

§  2.  For  the  purpose  of  carrying  out  the  provisions  of  this  Act 
there  is  hereby  appropriated  to  the  Illinois  State  Historical  Library  the 
sum  of  $50,000.00  or  so  much  thereof  as  may  be  necessary. 

§  3.  The  appropriation  herein  made  shall  be  subject  to  all  the 
provisions,  conditions  and  limitations  of  an  Act  entitled,  "An  Act  in 

relation  to  State  finance'-'  approved  .  ., 1919,  in  force  Julv 

1.  1919. 

Approved  June  28,  1919. 


APPROPRIATIONS.  83 


ILLINOIS   FARM 

COMMISSION. 

§  1. 

Creates   commission. 

S   5, 

To   make    report. 

§    2. 

No     compensation  —  to     be     reim- 
bursed for  expenses. 

S    6. 

To    be    furnished    with 
supplies. 

necessary 

§   3. 

To    appoint    employes  —  fix    com- 
pensation. 

§   7. 
§   8. 

Appropriates   $2,000.00. 
How    drawn. 

§    4.     To   investigate  conditions   of  farm 
lands. 

(House  Bill  No.   645.     Approved  June  28,   1919.) 

An  Act  to  create  the  Illinois  Farm  Commission,  to  define  its  poiuers 
and  duties,  and  to  make  an  appropriation  therefor. 

Section  1.  Be  it  ena-cted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  Illinois  Farm  Commission 
is  hereby  created.  The  commission  shall  be  composed  of  five  members, 
one  of  whom  shall  be  the  Director  of  Agriculture  and  four  of  whom 
shall  be  appointed  by  the  Governor.  One  member  shall  be  designated 
by  the  Governor  as  the  chairman  of  the  commission.  The  duties  and 
functions  of  the  commission  shall  cease  and  the  terms  of  office  of  the 
members  thereof  shall  terminate  upon  the  convening  of  the  Fifty- 
second  General  Assembly.  The  commissioners  shall  meet  and  organize 
as  soon  as  possible  after  their  appointment. 

§  2.  The  commissioners  shall  be  reimbursed  for  necessary  travel- 
ing and  other  expenses,  but  shall  receive  no  other  compensation. 

§  3.  The  commission  shall  have  power  to  appoint  a  secretary  and 
such  other  employes  as  may  be  necessary  and  to  fix  their  compensation 
without  regard  to  the  Civil  Service  Laws  of  this  State. 

§  4.  The  commission  shall  investigate  conditions  in  Illinois  re- 
garding operating  and  leasing  of  Illinois  farm  lands  the  growth  of 
farm  tenancy  in  this  State;  and  the  maintenance  of  the  fertility  of 
land;  and  such  other  questions  as  may  bear  upon  the  problem  of  crop 
production  and  profitable  agriculture. 

§  5.  The  commission  shall  report  the  results  of  its  investigations, 
together  with  its  recommendations,  to  the  Governor,  not  later  than  the 
20th  day  of  December,  1920.  The  Governor  shall  transmit  the  report 
of  the  commission  to  the  Fifty-second  General  Assembly. 

•  §  6.  The  Department  of  Public  Works  and  Buildings  shall  fur- 
nish the  commission  with  .all  necessary  printing,  binding,  stationery  and 
office  supplies. 

§  7.  The  sum  of  two  thousand  dollars  or  so  much  thereof  as  may 
be  necessary  is  hereby  appropriated  for  the  purpose  of  carrying  out  the 
provisions  of  this  Act. 

§  8.  Upon  the  presentation  of  proper  vouchers  certified  to  as 
correct  by  the  chairman  of  the  commission  and  approved  by  the  Depart- 
ment of  Finance,  the  Auditor  of  Public  Accounts  shall  draw  his  war- 
rants against  the  sum  hereby  appropriated,  and  the  State  Treasurer 
shall  pay  the  same  out  of  any  moneys  in  the  State  treasury  not  other- 
wise appropriated. 

Approved  June  28,  1919. 


84  APPEOPRIATIONS. 


ILLINOIS  STATE  BEEKEEPERS'  ASSOCIATION,  ILLINOIS  STATE  DAIRY- 
MEN'S ASSOCIATION,  ILLINOIS  STATE  POULTRY  ASSOCIATION,  ILLI- 
NOIS LIVE  STOCK  ASSOCIATION,  ILLINOIS  STATE  HORTICULTURAL 
SOCIETY  and  ILLINOIS  FARMERS'   INSTITUTE. 

§    1.     Appropriates  amounts  listed.  §    5.     Illinois     Live     Stock     Association, 

$3,000.00. 
§   2.     Illinois  State  Beekeepers'  Associa- 
tion,  $2,000.00.  §   6.     Illinois     State     Horticultural     So- 
ciety,  $11,000.00. 
§   3.     Illinois   State  Dairymen's  Associa- 
tion,   $5,000.00.  §   7.     Illinois    Farmers'    Institute,     $16,- 

600.00. 
§   4.     Illinois      State      Poultry     Associa- 
tion,   $2,000.00.  §   8.     Subject  to  certain  conditions. 

(Senate  Bill  No.  218.     Approved  June  23,  1919.) 

An  Act  making  appropriations  in  aid  of  the  Illinois  State  Beekeepers' 
Association,   the  Illinois  State  Dairymen's  Association,   the  Illinois 
State  Poultry  Association,  the  Illinois  Live  Stock  Association,  the  Illi- 
nois State  Horticultural  Society  and  the  Illinois  Farmers'  Institute. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:    That  the  following  named  sums, 
or  so  much  thereof  as  may  be  necessary,  respectively,  for  the  purposes 
hereinafter  named  for  the  biennium  beginning  July  1,  1919  and  until  the 
expiration  of  the  first  fiscal  quarter  after  the  adjournment  of  the  next 
General  Assembly,  be  and  are  hereby  appropriated  to  the  boards,  societies, 
associations  and  organizations  following,  to-wit : 

§  2.     To  the  Illinois  State  Beekeepers'  Association: 
For  salaries  and  wages: 

Shorthand  reporter  and  compiling  reports $    400.00 

For  office  expenses 1,200.00 

For  expenses  of  association  meetings 400.00 

Total    $  2,000.00 

§  3.     To  the  Illinois  State  Dairymen's  Association : 
For  salaries  and  wages : 

Stenographic  work   $190.00 

Salary  of  secretary $600.00 

$    790.00 

For  office  expenses 1,850.00 

For  travel 260.00 

For  expenses  of  annual  conventions 900.00 

For  expenses  of  one  day  conventions 1,200.00 

Total    $  5,000.00 


APPROPRIATIONS.  85 


§  4.     To  the  Illinois  State  Poultry  Association : 
For  salaries  and  wages : 

Judges,  lecturers  and  caretakers  during  show..$  600.00 

For  office  expenses 400.00 

For  travel   200.00 

For  poultry  show  expense 800.00 

Total    $  2,000.00 

§  5.     To  the  Illinois  Live  Stock  Association : 

Salaries  and  wages $    600.00 

Office  expenses  1,200.00 

Traveling  expenses 400.00 

Contingent    800.00 

Total    $  3,000.00 

§  6.     To  the  Illinois  State  Horticultural  Society : 
For  salaries  and  wages: 

Secretary  and  stenographic  work $1,250.00 

For  office  expenses 4,150.00 

For  travel  1,300.00 

For    experiment    station    expenses 2,000.00 

For  district  and  State  societies  expenses.  .......   1,300.00 

For    demonstration    and    summer    meeting    ex- 
penses       1,000.00 

Total   . $11,000.00 

§  7.     To  the  Illinois  Farmers'  Institute. 
For  salaries  and  wages : 

Secretary    $3,600.  per  annum 

Stenographer    1,200.  per  annum 

Clerk    1,200.  per  annum 

Secretary,  Department  Household 

Science   1,800.  per  annum 

Eeporting  proceedings 500.  per  annum 

$16,600.00 

For  office  expenses $  4,000.00 

For  contingencies   200.00 

For  speakers  and  field  work 14,000.00 

For  county  institutes 15,300.00 

For  officers  expenses  and  State  institutes 10,000.00 

Total    $60,100.00 

§  8.  Appropriations  herein  made  shall  be  subject  to  all  the  pro- 
visions, conditions  and  limitations  of  an  Act  entitled,  "An  Act  in  rela- 
tion to  State  finances,"  approved ,  1919,  in  force  July 

1,  1919. 

Approved  June  23,  1919. 


86  APPROPRIATIONS. 


ILLINOIS    STATE    PENITENTIARY,    SOUTHERN    ILLINOIS    PENITENTIARY 
AND  ILLINOIS  STATE  REFORMATORY. 

§   1.     Appropriates   $16,937.48.  §   3.     Emergency. 

§   2.     How    drawn. 

(Senate  Bill  No.  171.     Approved  March  27,  19iy.; 

An  Act  making  additional  appropriations  for  the  Illinois  State  Peni- 
tentiary, Southern  Illinois  Penitentiary  and  Illinois  State  Reforma- 
tory. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum.  of  sixteen  thousand 
nine  hundred  thirty-seven  dollars  and  forty-eight  cents  ($16,937.48) 
representing  the  unexpended  balance  of  salaries  and  wages  appropria- 
tions to  the  Illinois  State  Penitentiary,  Southern  Illinois  Penitentiary 
and  Illinois  State  Eeformatory  for  the  year  beginning  July  1,  1917  and 
ending  June  30,  1918,  is  hereby  appropriated  for  the  State  penal  and 
reformatory  institutions,  for  the  following  objects  and  purposes: 
Illinois  State  Penitentiary  at  Joliet  salaries  and  wages,  mis- 
cellaneous balances  $8,728.98 

Southern  Illinois  Penitentiary  at  Menard  salaries  and  wages, 

miscellaneous  balances   6,346.80 

Illinois  State  Eeformatory  at  Pontiac  salaries  and  wages,  mis- 
cellaneous balances  1,861.70 

The  appropriations  herein  made  shall  not  be  available  after  June 
30,  1919. 

§  2.  Upon  the  presentation  of  proper  vouchers  certified  to  as 
correct  by  the  Director  of  Public  Works  and  Buildings  and  the  Director 
of  Public  Welfare  and  approved  by  the  Director  of  Finance,  the  Auditor 
of  Public  Accounts  shall  draw  his  warrants  on  the  State  Treasurer 
against  the  sum  hereby  appropriated. 

§  3.     Because  of  an  emergency,  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 
Approved  March  27,  1919. 


ILLINOIS   STATE   PENITENTIARY  AND   ST.    CHARLES    SCHOOL   FOR   BOYS. 
§   1.     Appropriates    $21,460.00.  §   3.     Emergency. 

§    2.     How    drawn. 

(Senate  Bill  No.   172.     Approved  April  18,   1919.) 

An  Act  making  appropriations  for  the  Illinois  State  Penitentiary  and 
the  St.  Charles  School  for  Boys. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  $21,460.00  is  hereby 
appropriated  for  the  Illinois  State  Penitentiary  and  the  St.  Charles 
School  for  Boys  for  the  following  objects  and  purposes: 


APPROPRIATIONS.  87 


Illinois  State  Penitentiary: 

Replacement  of  dry  kiln  destroyed  by  fire $  3,900.00 

Replacement  of  raw  materials  destroyed  by  fire 2,560.00 

St.  Charles  School  for  Boys : 

Repairs  and  replacements  for  laundry  building,  ma- 
chinery, equipment,  clothing  and  supplies,  damaged 
and  destroyed  by  fire 15,000.00 

§  2.     Upon  the  presentation  of  proper  vouchers  certified  to  as  coi 
rect  by  the  Director  of  Public  Works  and  Buildings  and  the  Director 
of  Public  Welfare  and  approved  by  the  Director  of  Finance,  the  Audi- 
tor of  Public  Accounts  shall  draw  his  warrants  on  the  State  Treasurer 
against  the  sum  hereby  appropriated. 

§  3.     Because  of  an  emergency,  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

Approved  April  18,  1919. 


ILLINOIS  STATE  REFORMATORY. 
§    1.     Appropriates    $50,000.00.  §   3.     Emergency. 

§   2.     How    drawn. 

(Senate  Bill.  No.  467.     Approved  June  11,  1919.) 

An  Act  making  an  appropriation  for  the  Illinois  Slate  Reformatory. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  $50,000  is  hereby 
appropriated  for  the  Illinois  State  Reformatory  at  Pontiac  for  the  re- 
placement of  the  manual  training  building,  equipment,  material  and 
supplies,  destroyed  by  fire  on  April  22,  1919. 

The  appropriation  herein  made  shall  be  available  until  the  expir- 
ation of  the  first  fiscal  quarter  after  the  adjournment  of  the  next  Gen- 
eral Assembly. 

§  2.  Upon  the  presentation  of  proper  vouchers  certified  to  as 
correct  by  the  Director  of  Public  Works  and  Buildings  and  the  Director 
of  Public  Welfare,  and  approved  by  the  Director  of  Finance,  the  Auditor 
of  Public  Accounts  shall  draw  his  warrants  on  the  State  Treasurer 
against  the  sum  hereby  aonropriated. 

§  3.  Because  of  an  emergency,  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

Approved  June  11,  1919. 


ILLINOIS   SURGICAL  INSTITUTE  FOR  CHILDREN. 
§    1.     Appropriates    $200,000.00  §   2.      Subject   to   certain   conditions. 

(Senate  Bill.  No.   271.     Approved  May  15,   1919.) 

An  Act  making  appropriations  for  the  Illinois  Surgical  Institute  for 

Children. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  the  following  amounts,  or 
so  much  thereof  as  may  be  necessary,  be,  and  the  same  are.  hereby  appro- 


APPROPRIATIONS. 


priated  to  the  Illinois  Surgical  Institute  for  Children  for  the  purposes 
hereinafter  named: 

For  land    $  50,000.00 

For  buildings,  equipment  and  permanent  improvements.  .  .  .    150,000.00 

Total $200,000.00 

§  2.  The  appropriations  herein  made  shall  be  subject  to  all  the 
provisions,  conditions  and  limitations  of  an  Act  entitled,  "An  Act  in  re- 
lation to  State  finance,"  approved   ,  1919,  in  force  July  1, 

1919. 


Approved  May  15,  1919. 


JOINT    LEGISLATIVE    COMMITTEE — HOUSE    JOINT    RESOLUTION     NO.     11. 
§    1.     Appropriates    $5,000.00.  §   3.     Emeregncy. 

§    2.     How  drawn. 

(House  Bill  No.    602.     Approved  June   3,   1919.) 

An  Act  to  make  an  appropriation  for  the  joint  legislative  committee 
created  pursuant  to  House  Joint  Resolution  No.  11,  Fifty-first  General 
Assembly. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  There  is  hereby  appropriated  for 
the  necessary  expenses  of  the  joint  legislative  committee  created  pur- 
suant to  House  Joint  Eesolution  No.  11,  Fifty-first  General  Assembly, 
for  the  carrying  out  of  the  provisions  of  that  resolution,  the  sum  of  five 
thousand  dollars  ($5,000). 

§  2.  The  Auditor  of  Public  Accounts  is  authorized  and  directed 
to  draw  his  warrants  on  the  appropriation  herein  made,  upon  the  pre- 
sentation of  vouchers  certified  to  as  correct  by  the  chairman  of  the  com- 
mittee and  approved  by  the  Speaker  of  the  House  of  Representatives  and 
the  President  of  the  Senate,  and  the  State  Treasurer  is  authorized  and 
directed  to  pay  them  out  of  any  money  remaining  in  the  State  treasury 
not  otherwise  appropriated. 

§  3.  Because  of  an  emergency,  this  Act  shall  take  effect  upon  its 
passage. 

Approved  June  3,  1919. 


LIVE   STOCK  BIOLOGICAL  LABORATORY. 
§    1.     Appropriates    $11,500.00.  §   2.     Subject  to   certain   provisions. 

(House  Bill  No.   729.     Approved  June   30,   1919.) 

An  Act  making  an  appropriation  for  the  maintenance  and  operation  of 
a  live  stock  biological  laboratory. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  following  sums  are 
hereby  appropriated  to  the  University  of  Illinois  for  the  maintenance 
and  operation  of  a  live  stock  biological  laboratory: 

Salaries  and  wages, $5,000  per  annum 

Operation   $6,500  per  annum 


APPROPRIATIONS.  89 


§  2.  The  appropriation  herein  made  shall  he  subject  to  all  the 
provisions,  conditions  and  limitations  of  an  Act  entitled,  "An  Act  in 

relation  to  State  finance/'  approved, 1919,  in  force  July 

1,  1919. 

Approved  June  28,  1919. 


JOINT    LEGISLATIVE    COMMITTEE — SENATE    JOINT    RESOLUTION    NO.    30. 
§    1.     Appropriates    $5,000.00.  §   3.     Emergency. 

§    2.      How    drawn. 

(Senate  Bill  No.   513.     Approved  June  19,   1919.) 

An  Act  to  make  an  appropriation  for  the  joint  legislative  committee 
created  pursuant  to  Senate  Joint  Resolution  No.  30,  Fifty-first 
General  Assembly,  containing  an  emergency  provision. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  There  is  hereby  appropriated  for 
the  necessary  expenses  of  the  joint  legislative  committee  created  pur- 
suant to  Senate  Joint  Resolution  No.  30,  Fifty-first  General  Assembly, 
for  the  carrying  out  of  the  provisions  of  that  resolution,  the  sum  of  five 
thousand  dollars  ($5,000). 

§  2.  The  Auditor  of  Public  Accounts  is  authorized  and  directed 
to  draw  his  warrant  against  the  appropriation  herein  made,  upon  the 
presentation  of  vouchers  approved  by  the  chairman  of  the  committee, 
the  Speaker  of  the  House  of  Representatives,  and  the  President  of  the 
Senate,  and  the  State  Treasurer  is  authorized  and  directed  to  pay  them 
out  of  any  money  remaining  in  the  State  treasury,  not  otherwise  ap- 
propriated. 

§  3.  Because  of  an  emergency,  this  Act  shall  take  effect  upon  its 
passage. 

Approved  June  19,  1919. 


MINING  INVESTIGATION  COMMISSION. 

§   1.     Membership — authority.  §   4.     Report — minority    report — termin- 

ation of  duties  and  functions. 

§   2.     Subpoenas  —  witness    fees  —  testi- 
mony—  seal — rules — enforce-        §   5.     Compensations  —  expenses  —  em- 
inent, ployees. 

§   3.     Organization  —  quorum  —  meeting        §   6.     Appropriation — how  drawn — print- 
places — called   meetings.  ing. 

(Senate  Bill  No.   579.     Approved  June  28,   1919.) 

An  Act  to  establish  a  Mining  Investigation  Commission  of  the  State  of 
Illinois,  and  to  make  appropriation  therefor. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  a  commission  be  estab- 
lished, 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 


90  APPROPRIATIONS. 


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  in  the 
State  of  Illinois  with  special  reference  to  the  safety  of  human  lives 
and  property  and  the  conservation  of  coal  deposits. 

§  2.  In  making  an  investigation  as  contemplated  in  this  Act,  said 
commissioners  shall  have  the  power  to  issue  subpoenas  for  the  attendance 
of  witnesses,  which  shall  be  under  the  seal  of  the  commission  and  signed 
by  the  chairman  or  secretary  of  said  commission. 

In  case  any  person  shall  wilfully  fail  or  refuse  to  obey  such  sub- 
poena, it  shall  be  the  duty  of  the  Circuit  Court  of  any  county,  upon 
application  of  the  said  commissioners,  to  issue  an  attachment  for  such 
witness,  and  compel  such  witness  to  attend  before  the  commissioners, 
and  give  his  testimony  upon  such  matters  as  shall  be  lawfully  required 
by  such  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 
oiie  or  more  members  of  the  said  commission  shall  be  empowered  to 
take  testimony  touching  the  matters  within  the  jurisdiction  of  the  said 
commission  and  report  the  same  to  the  said  commission. 

Said  commission  shall  have  power  and  are  authorized  to  adopt  a 
seal  and  to  make  such  rules  not  inconsistent  with  or  contrary  to  law 
for  the  government  of  proceedings  before  it,  as  it  may  deem  proper  and 
shall  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  meeting  of  the  commission  from  time  to  time. 

Meetings  of  the  said  commission  other  than  called  meetings,  as 
provided  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  commission  by  mail  of  such  meeting  so  to 


APPKOIMUATIONS.  91 


be  held,  and  the  time  and  place  thereof.  And  no  such  meeting  shall  be 
held  less  than  five  days  after  the  mailing  of  notice  of  the  said  meeting 
to  the  members  of  said  commission  by  the  secretary. 

Such  called  meeting  shall  be  held  either  in  Springfield  or  Chicago. 

§  4.  Said  commission  shall  report  to  the  Governor  and  to  the 
General  Assembly  at  its  next  regular  session,  submitting,  so  far  as  they 
have  unanimously  agreed,  a  proposed  revision  of  mining  laws  of  the 
State,  together  with  such  other  recommendations  as  to  the  commission 
shall  seem  fit  and  proper  relating  to  mining  in  the  State  of  Illinois. 

And  where  there  is  not  unanimous  agreement  upon  any  recom- 
mendation there  shall  be  submitted  in  like  manner  separate  reports 
embodying  the  recommendations  of  any  one  or  more  members  of  the 
said  commission,  which  said  reports  shall  each  set  forth  in  detail  the 
recommendation  of  the  commissioner  or  commissioners  signing  said 
report  and  shall  embody  his  or  their  respective  reasons  for  such  recom- 
mendations 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  ter- 
minate upon  the  adjournment  of  the  Fifty-second  General  Assembly. 

§  5.  The  members  of  said  commission  who  are  coal  mine  owners 
and  coal  miners,  as  aforesaid,  shall  receive  no  compensation  for  their 
services.  The  remaining  three  members  of  the  commission  shall  receive 
as  compensation  for  their  services  the  sum  of  $10.00  per  day  for  each 
day  actually  employed  by  them  as  such  commissioners.  All  members  of 
the  said  commission  shall  be  reimbursed  for  their  actual  expenses  in- 
curred in  and  about  the  actual  work  of  said  commission. 

Said  commission  may  appoint  a  stenographer  or  clerk  and  such 
other  emplyoees  [employees]  as  are  necessary  and  shall  fix  their  com- 
pensation and  may  incur  such  other  expenses  as  are  properly  incidental 
to  the  work  of  the  commission. 

§  6.  The  sum  of  seven  thousand  dollars  ($7,000.00),  or  as  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  for  the  postage, 
stationery,  clerical  and  expert  services,  and  incidental  traveling  ex- 
penses of  the  commission,  and  the  per  diem  of  members  as  herein  au- 
thorized, 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  Department  of  Public  Works  and  Buildings  is  hereby  author- 
ized and  directed  to  provide  all  necessary  printing  for  the  mining  in- 
vestigating commission,  and  testimony  taken  by  it  shall  be  reported  in 
full  and  may  be  published  from  time  to  time  by  the  commission. 

Approved  June  28,  1919. 


92  APPEOPEIATIONS. 


MONUMENTS  AND  MEMORIALS. 

§    1       Donation,    for    site.  §   2.     Appropriates        $5,000.00   —  how 

drawn. 

(House  Bill  No.   122.     Approved  June  28,   1919.) 

An  Act  to  provide  for  a>  memorial  in  honor  to  the  memory  of  Governor 
Edward  Coles,  and  to  make  an  appropriation  therefor. 

Whereas  :  Edward  Coles  served  as  the  second  Governor  of  this 
State,  from  1822  to  1826;  and 

Whereas  :  As  private  secretary  of  President  James  Madison,  Gov- 
ernor Coles  was  one  of  the  most  noted  characters  of  our  nation ;  and 

Whereas  :  An  hereditary  slave  holder,  he  executed  instruments  of 
emancipation  to  his  slaves  at  Edwarclsville,  Madison  County,  Illinois,  on 
July  4,  1819;  and 

Whereas  :  To  his  effective  leadership  of  the  anti-slavery  forces  in 
the  momentuous  struggle  of  1824  to  amend  the  Constitution  of  1818  so 
as  to  legalize  slavery  in  this  State,  is  due,  in  large  measure,  the  credit  for 
preserving  Illinois  as  a  free  State;  now,  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Department  of  Public 
Works  and  Buildings  shall  accept  a  donation  of  a  site  for  and  shall  pro- 
cure and  cause  to  be  erected,  at  Edwardsville,  Madison  County,  Illinois, 
a  suitable  memorial  to  the  memory  of  Governor  Edward  Coles. 

§  2.  The  sum  of  five  thousand  dollars  ($5,000)  is  appropriated  to 
the  Department  of  Public  Works  and  Buildings  for  the  carrying  out  of 
the  provisions  of  this  Act.  The  Auditor  of  Public  Accounts  is  author- 
ized and  directed  to  draw  warrants  upon  the  State  Treasurer  against  the 
appropriation  herein  made,  upon  the  presentation  of  vouchers  certified 
to  as  correct  by  the  Director  of  Public  Works  and  Buildings  and  ap- 
proved by  the  Director  of  Finance,  and  the  State  Treasurer  is  authorized 
and  directed  to  pay  the  same  out  of  any  funds  in  the  State  treasury  not 
otherwise  appropriated. 

Approved  June  28,  1919. 


MONUMENTS  AND  MEMORIALS. 

§    1.     Orders    erection    of    monument    in        §    2.     Appropriates    $35,000.       > 
memory    of   Hon.    John   M.    Pal- 
mer. §    3.     How  drawn. 

(House  Bill  No.    559.     Approved  June   28,    1919.) 

An  Act  to  authorize  the  construction  of  a  monument  to  the  memory  of 
Honorable  John  M.  Palmer,  former  Governor  of  the  State  of  Illinois, 
and  to  make  an  appropriation  therefor. 

Wtpiereas:  Honorable  John  M.  Palmer,  in  fifty  years  of  public 
life,  rendered  distinguished  service  to  the  people  of  the  State  of  Illinois 
as  a  member  of  the  Constitutional  Convention  of  1847,  as  a  member  of 
the  Senate  of  the  General  Assembly,  as  Governor  and  as  United  States 
Senator;  and 

Whereas  :  He  was  Governor  of  the  State  at  the  time  of  the  adop- 
tion of  the  present  Constitution ;  and 


APPROPRIATIONS.  93 


Whereas  ;  During  the  Civil  War,  when  the  nation  was  confronted 
with  the  greatest  crisis  in  its  history,  he  unhesitatingly  tendered  his 
services  to  his  country  by  organizing,  in  1861,  the  Fourteenth  Illinois 
Volunteer  Infantry,  of  which  organization  he  became  Colonel;  and 

Whereas  :  He  rose  from  the  rank  of  Colonel  to  that  of  Major  Gen- 
eral and  was  appointed  by  Abraham  Lincoln,  President  of  the  United 
States,  as  Commander  of  the  Fourteenth  Army  Corps ;  and 

Whereas  :  He  was  made  Commander  of  the  Military  Department 
of  Kentucky  in  1865,  and  in  September,  1866,  after  more  than  five  years 
of  service  in  his  country's  cause,  received  his  honorable  discharge  from 
the  Army  of  the  United  States;  and 

Whereas  :  It  is  altogether  fitting  that  a  monument  to  the  memory 
of  this  illustrious  citizen  of  Illinois  should  be  erected  as  a  token  of  ap- 
preciation of  his  splendid  services  to  his  State  and  nation;  now,  there- 
fore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  a  monument  to  the  memory 
of  Honorable  John  M.  Palmer,  former  Governor  of  the  State  of  Illinois, 
shall  be  constructed  on  the  Capitol  grounds.  The  Department  of  Public 
Works  and  Buildings  shall  determine  the  location  of  the  monument  and 
shall  have  charge  of  the  construction  thereof. 

§  2.  The  sum  of  thirty-five  thousand  dollars  ($35,000)  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  for  the  purpose  of 
carrying  out  the  provisions  of  this  Act. 

§  3.  Upon  the  presentation  of  proper  vouchers  certified  to  as  cor- 
rect by  the  Director  of  Public  Works  and  Buildings  and  approved  by  the 
Director  of  Finance,  the  Auditor  of  Public  Accounts  shall  draw  his  war- 
rants against  the  sum  hereby  appropriated. 

Approved  June  28,  1919. 


MONUMENTS  AND  MEMORIALS. 

§    1.     Orders    erection    of    monument    in        §   2.     Appropriates   $35,000. 
memory  of  Hon.  Richard  Tates. 

§   3.     How  drawn. 

(House  Bill  No.   560.     Approved  June  28,   1919.) 

An  Act  to  authorize  the  construction  of  a  monument  to  the  memory  of 
Honorable  Richard  Yates,  former  Governor  of  the  State  of  Illinois, 
and  to  make  an  appropriation  therefor. 

Whereas  :  Honorable  Richard  Yates  in  many  years  of  public  life 
rendered  distinguished  service  to  the  people  of  this  State  as  a  member 
of  the  General  Assembly,  as  Governor,  as  a  member  of  the  House  of 
Representatives  of  Congress,  and  as  United  States  Senator;  and 

Whereas  :  He  was  Governor  of  the  State  of  Illinois  during  the 
Civil  War  and,  in  that  capacity,  rendered  invaluable  service  to  the 
nation  at  a  time  when  it  was  confronted  by  the  greatest  crisis  in  its 
history;  and 

Whereas:     He  became  known  as  Illinois'  War  Governor;  and 


94  APPROPRIATIONS. 


Whereas  :  It  is  eminently  proper  that  a  monument  to  the  memory 
of  this  illustrious  citizen  of  Illinois  should  be  erected  as  a  token  of 
appreciation  of  his  splendid  services  to  his  State  and  nation;  now, 
therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  a  monument  to  the  memory 
of  Honorable  Kichard  Yates,  former  Governor  of  the  State  of  Illinois, 
shall  be  constructed  on  the  Capitol  grounds.  The  Department  of  Pub- 
lic Works  and  Buildings  shall  determine  the  location  of  the  monument 
and  shall  have  charge  of  the  construction  thereof. 

§  2.  The  sum  of  thirty-five  thousand  dollars  ($35,000),  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  Act. 

§  3.  Upon  the  presentation  of  proper  vouchers,  certified  to  as 
correct  by  the  Director  of  Public  Works  and  Buildings  and  approved  by 
the  Director  of  Finance,  the  Auditor  of  Public  Accounts  shall  draw  his 
warrants  against  the  sum  hereby  appropriated. 

Approved  June  28,  1919. 


MT.   OLIVE  CEMETERY  ASSOCIATION  OF  CHICAGO. 
§    1.     Appropriates    $1,200.00.  §   2.     How  drawn. 

(Senate  Bill  No.  285.     Approved  June  16,  1919.) 

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

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  twelve  hundred 
dollars  ($1,200.00),  or  so  much  thereof  as  may  be  necessary  is  hereby 
appropriated  to  the  Mt.  'Olive  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  Mt,  Olive  Cemetery,  City  of  Chicago,  county  of  Cook,  of  the 
deceased  soldiers  of  the  Civil  and  subsequent  wars;  conditioned,  how- 
ever, that  said  cemetery  association  shall  give  a  bond  in  the  sum  of 
twelve  hundred  dollars  ($1,200.00),  for  the  faithful  carrying  out  of  the 
provisions  of  this  Act,  said  bond  to  be  approved  by  the  Auditor  of  Pub- 
lic 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  16,  1919. 


APPROPRIATIONS.  95 


NATIONAL  GUARD  AND  NAVAL  RESERVE — ARMORY  AT  DANVILLE. 

§    1.     Department  of  Public  Works  and        §    3.     Appropriates    $165,000.00. 

Building  to   select   site. 

§    4.     How  drawn. 
$   2.     Department  of   Public  Works   and 

Building   to   erect   armory. 

(House  Bill  No.   150.     Approved  June  21,   1919.) 

An  Act  to  authorize  the  purchase  of  a  site  for,  and  the  erection  of, 
an  armory  at  Danville,  Illinois,  for  the  use  of  the  military  forces 
of  the  State  of  Illinois,  and  making  an  appropriation  therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  The  Department  of  Public 
Work  and  Buildings  shall  select  a  suitable  site  .for  the  erection  of  an 
armory  at  Danville,  Illinois,  for  the  use  of  the  military  forces  of  the 
State  of  Illinois.  Title  to  the  site  so  selected  shall  be  taken  in  the 
name  of  the  State  of  Illinois  and  the  deed  or  deeds  thereto  shall  be 
filed  in  the  office  of  the  Secretary  of  State. 

§  2.  After  the  title  to  the  site  so  selected  has  been  acquired,  as 
provided  in  this  Act,  it  shall  be  the  duty  of  the  Department  of  Public 
Works  and  Buildings  to  cause  an  armory  to  be  erected  or  constructed 
thereon. 

§  3.  The  sum  of  one  hundred  sixty-five  thousand  dollars  ($165,- 
000)  is  hereby  appropriated  for  the  purpose  of  carrying  out  the 
provisions  of  this  Act. 

§  4.  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  Director  of  Public  Works  and  Buildings  and  approved  by 
the  Director  of  Finance,  and  the  State  Treasurer  shall  pay  the  same 
out  of  any  money  in  the  State  treasury  not  otherwise  appropriated. 

Approved  June  21,  1919. 


NATIONAL  GUARD  AND  NAVAL  RESERVE. 

§    1.      Appropriates       $117  200.00       addi-        §    2.      How   drawn, 
tional — armory    at   Peoria. 

(House  Bill  No.    99.     Approved  June  28,   1919.) 

An  Act  making  an  appropriation  of  an  additional  sum  of  money  for 
the  erection  of  an  armory  at  Peoria,  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  one  hundred 
seventeen  thousand  two  hundred  dollars  ($117,200.00)  is  hereby  ap- 
propriated for  the  construction  and  erection  of  the  armory  building 
originally  authorized  by  an  Act  entitled:  "An  Act  in  relation  to 
procuring  of  site  and  erection  of  armory  building  for  the  use  of  the 
Illinois  National  Guard  and  Illinois  Naval  Eeserve  and  making  ap- 
propriation therefor/'  approved  June  28,  1915,  in  force  July  1,  1915. 

§  2.  Upon  the  presentation  of  proper  vouchers  certified  to  by 
the  Adjutant  General  and  approved  by  the  Director  of  Finance,  the 
Auditor  of  Public  Accounts  shall '  draw  his  warrants  on  the  State 
Treasurer  against  the  sum  bereby  appropriated  and  the  State  Treasurer 


96  APPROPRIATIONS. 


shall  pay  the  same  out  of  any  moneys  in  the  State  treasury  not  other- 
wise  appropriated. 

Approved  June  28,  1919. 


PENITENTIARY  COMMISSION. 
§    1.      Appropriates    $1,285,000.00.  §    3.      Emergency. 

§    2.     How  drawn. 

(House  Bill  No.    601.     Approved  June   28,   1919.) 

An  Act  making  an  appropriation  to  the  Penitentiary  Commission  for 
building,  equipment,  improvements  and  other  purposes  incidental 
thereto  and  necessary  for  the  building  of  a  new  Illinois  State  Peni- 
tentiary and  a  new  Illinois  Asylum  for  Insane  Criminals. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  $1,285,000.00 
or  so  much  thereof  as  may  be  necessary  is  hereby  appropriated  to  the 
Penitentiary  Commission  in  accordance  with  and  for  the  purpose  of 
carrying  out  the  provisions  of  an  Act  entitled,  "An  Act  creating  a 
commission  and  providing  for  the  acquisition  of  land  for  the  relocation 
of  the  Illinois  State  Penitentiary  and  the  Illinois  Asylum  for  Insane 
Criminals  and  for  the  building  of  a  new  Illinois  State  Penitentiary  and 
a  new  Illinois  Asylum  for  Insane  Criminals  at  or  near  the  city  of 
Joliet,  and  making  an  appropriation  therefor,"  approved  June  5,  1907, 
in  force  July  1,  1907,  as  amended  by  an  Act  entitled,  "An  Act  making 
an  appropriation  for  the  acquisition  of  land  for  the  relocation  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," 
approved  June  11,  1909,  in  force  July  1,  1909,  and  an  Act  entitled,  "An 
Act  making  an  appropriation  for  the  acquisition  of  land  and  matters 
incidental  and  pertaining  thereto,  for  the  relocation  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,  and  in  force 
July  1,  1911  and  an  Act  entitled,  "An  Act  making  an  appropriation 
for  the  building  of  a  new  Illinois  State  Penitentiary  and  a  new  Illinois 
Asylum  for  Insane  Criminals  and  matters  incidental  and  pertaining 
thereto,  at  or  near  the  city  of  Joliet,"  approved  June  25,  1913,  in  force 
July  1,  1913;  for  building,  equipment  and  improvements  provided  for 
in  said  Act,  approved  June  5,  1907,  in  force  July  1,  1907,  and  for  all 
purposes  incidental  thereto  and  necessary  to  carry  out  the  provisions  of 
said  last  mentioned  Act  creating  said  commission,  and  providing  for 
the  building  of  a  new  Illinois  State  Penitentiary  and  a  new  Illinois 
Asylum  for  Insane  Criminals. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  warrants  on  the  State  Treasurer  for  the  sum  herein 
appropriated  upon  the  presentation  of  itemized  bills   accompanied  by 


APPROPRIATIONS.  9? 


vouchers  signed  by  a  majority  of  the  Penitentiary  Commission  and 
approved  by  the  Department  of  Finance. 

§  3.  Whereas,  the  funds  heretofore  appropriated  have  been,  or 
will  be,  exhausted  before  July  1,  1919,  and  it  is  important  tnat  the 
construction  of  the  new  prison  be  continued  without  delay,  therefore  an 
emergency  exists  and  this  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  June  28,  1919. 

PUBLICATION  NOTICES  FOR  DELINQUENT  CORPORATIONS. 

§   1.     Appropriates    $3,341.42,    as    item-        §   2.     How  drawn, 
ized. 

(Senate  Bill,  No.   192.     Filed  May   28,   1919.) 

An  Act  to  provide  for  the  payment  of  the  expense  of  publication  notices 
in  chancery  proceedings  had  in- pursuance  of  an  Act  passed  by  the 
Fiftieth  General  Assembly  of  the  State  of  Illinois  entitled,  "An  Act 
to  amend  an  Act  entitled,  'An  Act  requiring  corporations  to  make 
annual  report  to  the  Secretary  of  State,  and  providing  for  the  cancel- 
lation of  the  articles  of  incorporation  for  failure  to  do  so,  and  to 
repeal  a  certain  Act  therein  named'  approved  May  10,  1-901,  in  force 
'  July  1,  1901,  and  amendments  thereto  in  force  July  1,  1903,  by 
amending  section  seven  (7)  thereof." 

Whereas,  Under  the  provisions  of  "An  Act  to  amend  an  Act  en- 
titled, 'An  Act  requiring  corporations  to  make  annual  report  to  the 
Secretary  of  State,  and  providing  for  the  cancellation  of  the  articles  of 
incorporation  for  failure  to  do  so,  and  to  repeal  a  certain  Act  therein 
named,'  approved  May  10,  1901,  in  force  July  1,  1901,  and  amendments 
thereto  in  force  July  1,  1903,  by  amending  section  seven  (7)  thereof," 
the  Secretary  of  State  certified  the  names  of  a  large  number  of  corpora- 
tions that  had  failed  to  file  in  the  office  of  the  Secretary  of  State  an 
application  for  re-instatement  within  one  (1)  year  from  the  date  of 
default  of  making  annual  reports  as  prescribed  by  the  corporation  laws 
of  the  State  of  Illinois  to  the  Attorney  General;  and 

Whereas,  The  Attorney  General,  acting  under  the  provisions  of 
said  law,  passed  by  the  Fiftieth  General  Assembly,  which  law  is  de- 
scribed in  the  title  of  this  Act,  transferred  to  the  State's  attorneys  of 
the  several  counties  of  the  State  of  Illinois  the  said  certificates  so 
delivered  by  the  Secretary  of  State  to  the  Attorney  General,  and  the  said 
Attorney  General  called  the  attention  of  the  said  several  State's  attor- 
neys of  the  State  of  Illinois  to  the  provisions  of  said  law  passed  by  the 
said  Fiftieth  General  Assembly  of  the  State  of  Illinois,  and  which  said 
law  directed  the  State's  attorneys  to  file  bills  in  chancery  for  the  pur- 
pose of  dissolving  the  said  several  corporations  for  failure  to  make 
reports  as  prescribed  by  the  corporation  laws  of  the  State  of  Illinois: 
and, 

Whereas,  The  State's  attorneys  of  a  number  of  counties  of  the 
State  of  Illinois  filed  bills  in  chancery  and  caused  publication  notices  to 
be  made  in  newspapers  in  their  several  counties  for  service  of  process 

—7  L 


98  APPROPRIATIONS. 


on  said  corporations,  as  provided  by  the  chancery  laws  of  the  State  of 
Illinois;  and, 

Whereas,  No  provision  was  made  by  the  Fiftieth  General  Assem- 
bly, nor  is  there  any  provision  in  the  laws  of  Illinois  for  the  payment  of 
the  publishers  of  the  several  newspapers  who  published  the  said  chancery 
notices;  and, 

Whereas,  Said  publication  notices  were  made  by  the  publishers  of 
said  newspapers  under  the  provision  of  the  said  law  passed  by  the 
Fiftieth  General  Assembly,  and  were  made  by  said  publishers  with  the 
expectation  that  the  State  of  Illinois  would  reimburse  them,  the  said 
publishers,  for  making  said  publications  as  directed  by  the  said  law 
passed  by  the  Fiftieth  General  Assembly; 

Now,  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  the  sum  of  three  thousand 
three  hundred  and  forty-one  dollars  and  forty-two  cents  ($3,341.42), 
or  so  much  thereof  as  shall  be  necessary,  be,  and  the  same  is  hereby 
appropriated  out  of  any  funds  in  the  State  treasury,  not  otherwise  ap- 
propriated, to  pay  the  publishers  of  the  several  newspapers  in  the 
State  of  Illinois  who  published  publication  notices  in  chancery  under  the 
provisions  of  "An  Act  to  amend  an  Act  entitled,  fAn  Act  requiring 
corporations  to  make  annual  report  to  the  Secretary  of  State,  and 
providing  for  the  cancellation  of  the  articles  of  incorporation  for 
failure  to  do  so,  and  to  repeal  a  certain  Act  therein  named/  approved 
May  10,  1901,  in  force  July  1,  1901,  and  amendments  thereto  in  force 
July  1,  1903,  by  amending  section  seven  (7)  thereof,",  which  said  pay- 
ments shall  be  made  to  the  following  named  persons,  firms  and  cor- 
porations making  said  publications  for  the  several  and  respective  sums 
stated  after  the  name  of  each  of  them,  towit : 

The  Greenville  Advocate,  Greenville,  Illinois, $102.75 

Robinson  Constitution,  Robinson,  Illinois, 35.50 

The  Argus  Printing  House,  Robinson,  Illinois, 34.00 

N.  E.  Stevens  Printing  Company,  Paxton,  Illinois, 140.00 

Republican-Record,  Lewiston,   Illinois, 681.50 

Galesburg  Printing  Company,  Galesburg,  Illinois 840.00 

The  Lawrence  County  News,  Lawrenceville,  Illinois 35.00 

The  Star-Times  Publishing  Company,  Staunton,  Illinois 140.00 

The  Staunton  Leader,  Staunton,  Illinois,.  . . 255.75 

The  Pike  County  Democrat,  Pittsfield,  Illinois 12.00 

The  Daily   Gazette,    Sterling,   Illinois, 236.25 

Twin  City  Publishing  Company,  Sterling,  Illinois, 168.00 

Whiteside  Sentinel,  Morrison,  Illinois, 125.75 

Fulton   Journal,   Fulton.    Illinois, 108.75 

The  Tampico  Tornado,  Tampico,  Illinois, 88.00 

The  Prophetstown  Echo,  Prophetstown,  Illinois, 106.48 

The  Erie  Independent,   Erie,   Illinois, 70.00 

The  Shelby  County  Leader, 161.69 

§  2.     The  Auditor  of  Public  Accounts  is  authorized  and  hereby' 
directed,  upon  presentation  of  proper  vouchers  approved  by  the  Attor- 
ney  General,   to   issue  his   warrants   upon   the    State   treasury   for   the 


APPROPRIATIONS.  99 


aforesaid  sums  of  money,  payable  to  the  said  respective  parties  for  the 
several  sums  as  indicated  in  section  one  (1)  of  this  Act  to  each  re- 
spective claimant  or  to  his  or  their  respective  legal  representatives,  and 
the  State  Treasurer  is  hereby  authorized  and  directed  to  pay  the  same 
out  of  any  money  in  the  State  treasury  not  otherwise  appropriated. 
Filed  May  28,  1919. 

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  twenty-eighth  day  of  May,  A.  D.  1919. 

Louis  L.   Emmerson,   Secretary  of  State. 


RECEPTION — 3 3RD  DIVISION  AND   149TH  FIELD  ARTILLERY. 
§   1.     Appropriates   $25,000.  §   3.     Emergency. 

§   2.     How  drawn. 

(Senate  Bill  No.    365.     Approved  Mat   1,   1919.) 

An  Act  to  defray  expenses  of  the  reception  of  the  Thirty-third  Divi- 
sion and  of  the  ll+9th  Field  Artillery  of  the  United  States. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  twenty-five  thousand 
($25,000)  dollars  is  hereby  appropriated  to  defray  the  expenses  of 
the  reception  of  the  Thirty-third  Division  and  of  the  149th  Field 
Artillery  of  the  United  States  Army  upon  its  return  to  the  State  of 
Illinois. 

§  2.  The  Auditor  of  Public  Accounts  shall  draw  his  warrant  on 
the  State  Treasurer  for  the  sum  herein  appropriated  and  upon  pre- 
sentation of  itemized  vouchers,  approved  by  the  Governor. 

§  3.  Because  of  an  emergency  this  Act  shall  take  effect  from  and 
after  its  passage. 

Approved  May  1,  1919. 

RELIEF — COURT  OF  CLAIMS. 

§    1.     Appropriates    $127,616.23    and    de-        §   2.     How  drawn. 
signates   claimants. 

(House  Bill  No.   501.     Approved  June  28,   1919.) 

An  Act  entitled,  "An  Act  to  make  appropriations  for  certain  claims 
against  the  State  of  Illinois,  in  conformity  with  awards  made  by 
the  Court  of  Claims  to  certain  persons  named  therein:" 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the   General  Assembly:     That   there   be   and   is   hereby 
appropriated  the  sum  of  one  hundred  twenty-seven  thousand  six  hun- 
dred   sixteen    dollars    and    twenty-three    cents    ($127,616.23)     to    pay 
claims  in  conformity  with   awards   made  by  the   Court   of   Claims   at 
its  September  Term,  1918,  to  the  following  named  persons: 
To    Charlotte    Mary    Phillips,    Kate    Edith    Royal,    Anna 
Louise  Player,  Newton  John  Player  and  Milton  Player, 
on  account  of  inheritance  tax  collected  erroneously  and 

paid  into  the  State  treasury $        926.38 

Interest  at  3%  from  Feb.  13,  1915 101.82 

1028.20 


100  APPROPRIATIONS. 


To  Mahlon  D.  Thatcher,  Jr.,  Eobt.  C.  Wheeler,  and  Albert 
S.  Booth,  executors  of  Mahlon  D.  Thatcher,  deceased,  on 
account  of  inheritance  tax  collected  erroneously  and  paid 
into   State  treasury •  • 858.64 

To  Edward  S.  Harkness,  executor,  estate  Charles  W.  Hark- 
ness,  deceased,  on  account  of  inheritance  tax  collected  er- 
roneously and  paid  into  State  treasury 41686.16 

To  Inanda  M.  Edwards,  Trustee  under  last  will  of  Knut  E. 
Edwards,  deceased,  on  account  of  inheritance  tax  collected 
erroneously  and  paid  into  State  treasury, 1268.45 

Interest  at  3%  from  June  13,  1913 218.79 

1487.24 
To   Herbert   F.    Perkins,   executor,   estate   of   Franklin   H. 
Head,  deceased,  on  account  of  inheritance  tax  collected 

erroneously  and  paid  into  State  treasury 1235.01 

To  Martha  Euddy  Leet,  on  account  of  inheritance  tax  col- 
lected erroneously  and  paid  into  State  treasury $      4699.67 

Interest  at  3%  from  Feb.  17,  1911 1121.23 

5820.90 
'  To   Lora  J.   Moore,    executrix,    estate    of    James    Hobart 
Moore,  deceased,  on  account  of  inheritance  tax  collected 
erroneously  and  paid  into  State  treasury 12438.79 

To  George  F.  Perkins  Jr.  and  Charlotte  Perkins,  executors, 
last  will  of  George  F.  Perkins,  deceased,  on  account  of  in- 
heritance tax  collected  erroneously  and  paid  into  State 
treasury    202.09 

To  Louis  J.  Snyder,  executor,  estate  of  Caroline  E.  Dishon, 
deceased,  on  account  of  inheritance  tax  collected  erron- 
eously and  paid  into  State  treasury 179.98 

To  John  E.  Garden,  attorney  in  fact  for  executrix,  estate  of 
Sir  James  Key  Caird,  deceased,  on  account  of  inheritance 
tax  collected  erroneously  and  paid  into  State  treasury.  . .  .  312.50 

To  Commonwealth  Trust  Company,  Harrisburg,  Pa.,  execu- 
tor of  estate  of  Margaret  C.  Holderman,  deceased,  on  ac- 
count of  inheritance  tax  collected  erroneously  and  paid 
into  State  treasury 70.59 

To  Francis  J.  Moore,  executor  of  estate  of  John  E.  Devlin, 
deceased,  on  account  of  inheritance  tax  collected  erron- 
eously and  paid  into  State  treasury 91.26 

To  John  M.  Campbell,  Frances  C.  Good  and  Kate  Good  Or- 
"cutt,  executors,  estate  of  Brent  Good,  deceased,  on  ac- 
count of  inheritance  tax  collected  erroneously  and  paid 
into   State  treasury 504.23 

To  Arthur  D.  Hill,  P.  S.  Barker  and  Leverett  Saltonstall, 
executors,  estate  of  Sarah  L.  Brooks,  deceased,  on  account 
of  inheritance  tax  collected  erroneously  and  paid  into 
State   treasury 64.97 


APPROPRIATIONS.  101. 


To  Andrew  Fiske  and  Chas.  H.  Fiske,  executors  of  estate 
of  William  Watson,  deceased,  on  account  of  inheritance 
tax  collected  erroneously  and  paid  into  State  treasury.  .  655.00 

To  Boston  Safe  Deposit  and  Trust  Company,  trustee  of 
estate  of  Benjamin  W.  Parker,  deceased,  on  account  of  in- 
heritance tax  erroneously  collected  and  paid  into  State 
treasury    $        401.32 

To  Chas.  H.  Bissel,  Frank  A.  Hotchkiss  and  Bankers  Trust 
Co.  of  New  York,  executors,  estate  of  James  C.  Gillette, 
deceased,  on  account  of  inheritance  tax  erroneously  col- 
lected and  paid  into  State  treasury 48.66 

To  Henry  Purcell,  executor  of  estate  of  Theodore  B.  Bas- 
selin,  deceased,  on  account  of  inheritance  tax  collected 
erroneously  and  paid  into  State  treasury 120.70 

To  L.  Eoger  Wentworth  and  Albert  H.  Seabury,  executors, 
estate  of  Clara  E.  Seabury,  deceased,  on  account  of  in- 
heritance tax  collected  erroneously  and  paid  into  State 
treasury    159.96 

To  United  States  Trust  Company  of  New  York,  executor 
of  estate  of  Catherine  Wolfe  Loney,  deceased,  on  account 
of  inheritance  tax  collected  erroneously  and  paid  into 
State  treasury 205.34 

To  John  T.  Morse,  Jr.,  executor  of  estate  of  Ellen  Chan- 
ning,  deceased,  on  accovmt  of  inheritance  tax  collected 
erroneously  and  paid  into  State  treasury 174.66 

To  Walter  G-.  Oakman,  Samuel  Utermyer  and  Guaranty 
Trust  Company  of  New  York,  executors  of  last  will  of 
Andrew  Freedman,  deceased,  aud  Andrew  Freedman 
Home,  on  account  of  inheritance  tax  collected  erroneously 
and  paid  into  State  treasury . .  .         1816.93 

To  Philip  C.  Lindgren,  administrator,  estate  of  John  K. 
Stewart,  deceased,  on  account  of  inheritance  tax  collected 
erroneously  and  paid  into  State  treasury 8890.35 

To  Minnie  P.  Edwards,  executrix  of  estate  of  James  A. 
Edwards,  deceased,  on  account  of  inheritance  tax  col- 
lected erroneously  and  paid  into  State  treasury 648.66 

To  Oliver  J.  Westcott,  trustee  of  last  will  of  Henry  W. 
Small,  deceased,  on  account  of  inheritance  tax  collected 
erroneously  and  paid  into  State  treasury 996.66 

Interest  at  3%  from  March  24,  1915 119.56 


1116.22 
To  William  Dempster,  O.  H.  Wimshurst,  David  Murray, 
Robert  Archibald.  Charles  Gibson,  James  Patterson. 
Thomas  Edward  Williams,  co-executors  last  will  of  Alex- 
ander Elder,  deceased,  and  Glasgow  West  Infirmary,  on 
account  of  inheritance  tax  collected  erroneouslv  and  paid 
into   State  treasury .* \  .$        434.30 


102  APPROPRIATIONS. 


To  Illinois  Central  Eailroad  Company,  on  account  of  Sud- 
urban  commutation  tickets  furnished  Chief  Grain  In- 
spector, Illinois   Grain  Department 378.03 

To  Eugene  Cyrus  Woodruff,  John  Williams  Woodruff,  Helen 
Jennie  Woodruff  and  Ora  Woodruff  Kussell,  on  account  of 
inheritance  tax  collected  erroneously  and  paid  into  State 
treasury    $      9067.00 

Interest  at  3%  from  July  14,  1917 46.58 


9113.58 


To  Brewster  B.  Hornbeck  and  Elgin  City  Banking  Com- 
pany,'executors  of  last  will  of  Mary  L.  Hornbeck,  deceased, 
on  account  of  inheritance  tax  collected  erroneously  and 
paid  into  State  treasury 66.50 

To  the  county  of  Will,  on  account  of  costs  and  expenses 
arising  from  the  prosecution,  conviction  and  execution  of 
John  Cloures,  an  inmate  of  the  Northern  Illinois  State 
Penitentiary,  on  charge  of  murder  in  Will  County  Cir- 
cuit Court   1659.77 

To  Lulu  M.  Gann,  on  account  of  publication  notices  in 
actions  to  cancel  corporations  in  Jo  Daviess  County  by 
Attorney  General 70.00 

To  Margaret  Vincent,  on  account  of  publication  notices  in 
actions  to  cancel  corporations  in  Jo  Daviess  County  by 
Attorney  General 99.00 

To  Oscar  E.  Heard,  Jr.,  on  account  of  services  as  court  re- 
porter in  cases  in  Jo  Daviess  County  in  matter  of  cancella- 
tion of  corporations 160.00 

To  Charles  B.  Osborne,  executor,  estate  of  Lucius  G.  Fisher, 
deceased,  on  account  of  inheritance  tax  collected  erron- 
eously and  paid  into  State  treasury 1168.49 

.To  Edward  E.  Sanderson,  executor  of  estate  of  Ethel  Eames 
Sanderson,  deceased,  on  account  of  inheritance  tax  col- 
lected erroneously  and  paid  into  State  treasury 1076.79 

To  H.  T.  Swift,  on  account  of  services  rendered  under  the 
direction  of  Francis  G.  Blair,  State  Superintendent  of 
Public  Instruction,  in  conducting  examinations  as  to  pre- 
liminary education  for  admission  of  persons  into  medical 
college,   as   provided   by   statute $      1828.33 

To  Peter  A.  Downey,  on  account  of  services  rendered  under 
the  direction  of  Francis  G.  Blair,  State  Superintendent 
of  Public  Instruction,  in  conducting  examinations  as  to 
preliminary  education  for  admission  of  persons  into  medi- 
cal college,  as  provided  by  statute 1828.33 

To  J.  E.  Armstrong,  on  account  of  services  rendered  under 
the  direction  of  Francis  C.  Blair,  State  Superintendent 
of  Public  Instruction,  in  conducting  examinations  as  to 
preliminary-education  for  admission  of  persons  into  medi- 
cal  college,   as   provided  by   statute 1568.33 


ArrKOPKIATIONS.  103 


To  Fidelity  Mutual  Life  Insurance  Company,  on  account  of 
refund  claimed  for  taxes  paid  on  premium  abatement 
for  dividend  paid  to  policy  holders  for  the  years  1911 
and    1912 277.59 

To  Penn  Mutual  Life  Insurance  Company,  on  account  of 
refund  claimed  for  taxes  paid  on  premium  abatement  for 
dividends  paid  to  policy  holders  for  the  years  1911  and 
1912    3G03.07 

To  Dr.  Frank  A.  Stubblefleld,  on  account  of  salary  due  as 
assistant  physician  at  Alton,  on  account  of  illegal  re- 
moval by  the  State  Civil  Service  Commission 225.00 

To  0.  W.  Huncke  &  Company,  on  account  of  premiums  on 
Fidelity  Bonds  for  employees  in  State  Grain  Inspection 
Department    43.89 

To  Carl  H.  Yoder,  on  account  of  services  rendered  in  Iro- 
quois County  under  direction  of  State  Veterinarian....  41.94 

To  Elgin,  Joliet  and  Eastern  Eailway  Company,  on  account 
of  demurrage  on  cars  of  freight  which  were  consigned 
to    Joliet    Penitentiary 1229.00 

To  James  Fairlie,  on  account  of  expenses,  attending  Na- 
tional Convention  of  Insurance  Superintendents 133.30 

To  J.  T.  Hanley,  on  account  of  salary  for  services  rendered 
as  secretary  and  expenses  incurred  as  member  of  Board 
of  Examiners  of   Structural  Engineers $      1408.94 

To  John  W.  Musham,  on  account  of  services  rendered  and 
traveling  expenses  incurred  as  member  of  Board  of  Ex- 
aminers of  Structural  Engineers 265.00 

To  F.  H.  Newell,  on  account  of  services  rendered  and  travel- 
ing expenses  incurred  as  member  of  Board  of  Examiners 
of  Structural  Engineers 34S.00 

To  Mrs.  Charles  C.  Stowell,  administratrix  of  the  estate 
of  Charles  C.  Stowell,  deceased,  on  account  of  services 
rendered  and  traveling  expenses  incurred  as  member  of 
Board  of  Examiners  of  Structural  Engineers ! . .  .  151. 5G 

To  E.  N.  Layfield,  on  account  of  services  rendered  and  trav- 
eling expenses  incurred  as  member  of  Board  of  Examin- 
ers  of   Structural   Engineers 267.00 

To  the  county  of  Will,  on  account  of  cost  and  expenses  in 
the  prosecution  and  conviction  of  Joe  Campbell  for  the 
crime  of  murder  committed  in  the  Illinois  State  Peni- 
tentiary   at    Joliet 3121.62 

To  Clara  B.  Pierce,  executrix  of  the  estate  of  Charles  A. 
Pierce,  deceased,  on  account  of  services  rendered  and 
traveling  expenses  incurred  by  Charles  A.  Pierce,  as  As- 
sistant State  Veterinarian,  the  sum  of 2362. S3 


104  APPEOPEIATIONS. 


To  Ruth  Bailey  and  others,  on  account  of  salaries  as  teach- 
ers in  the  Illinois  School  for  the  Deaf  at  Jacksonville, 
as  follows: 

Euth  Bailey   $52-50 

Anne  Berkeley  52.50 

Margaret    Brown     66.67 

'  Margaret   Byrns    66.67 

.  Laura    Carter    50.00 

Mary  D.   Carter    55.00 

E.  P.   Cleary   66.67 

Amanda    Davis    55.00 

Jennie    F.    Devitt 60.00 

D.  W.   George    66.67 

Alma   Gillett    60.67 

Josephine   Hayden    50.00 

Belle   Howard'   66.67 

Anne  W;  Jackson    (Librarian)     36.11 

Edith   Jordon    62.50 

Helen   Jordon    66.67 

Anna  Kingsley 52.50 

Minnie  B.  Krueger 60.00 

Louisa  Lee   50.00 

Phyllis  Macomber 52.50 

Mary  L.   Martin 66.67 

Sarah  Noyes 66.67 

Delia  M.  Orr 52.50 

G.  H.  Putnam 66.67 

Effie  J.  Pace , 66.67 

Catherine  Russell   50.00 

Margaret  Russell 66.67 

Irene  Sandburg 52.50 

Laura  Sheridan 66.67 

Mary  J.  Sheridan 66.67 

Harry   Snyder . 60.67 

C.  Spruit 75.00 

Florence  Spruit   52.50 

Carolyn  Taft   60.00 

Annie  Tanner    66.67 

C.  W.  Taylor 75.00 

Jean  Taylor ...  66.67 

Mary  C.  ITpham 66.67 

Idella  Walton 66.67 

C.  Wood 66.67 

Frances  S.  Wood '. 88.89 

Annie  Young 66.67   . 

— $     2,583.07 

To  Public  Service  Company  of  Northern  Illinois  on  account 
of  water  supplied  to  the  Illinois  State  Reformatory  at  Pon- 
tiac  from  January,  1914  to  June  30,  1917 10,577.39 


APPROPRIATIONS.  105 


To  Board  of  Education,  School  District  No.  131,  Eochelle, 
111. j  on  account  of  expenses  incurred  in  educating  deaf 
and  dumb  in  said  school 660.00 

To  Western  United  Gas  and  Electric  Company,  on  account 
of  electricity  and  gas  furnished  women's  department  at 
Joliet  Penitentiary   89.10 

To  Harry  W.  Allen  and  Emma  M.  Allen,  executors  of  the 
last  will  and  testament  of  John  W.  Allen,  deceased,  for 
refund  of  inheritance  taxes  erroneously  collected  and  paid 
into  the  State  treasury $        558.12 

Total $127,616.23 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  on  the  State  treasury  for  the  aforesaid 
sums  of  money,  payable  to  the  respective  parties  for  the  several  sums 
indicated  in  section  1  of  this  Act,  and  the  State  Treasurer  is  hereby 
authorized  and  directed  to  pay  the  same  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated. 
Approved  June  28.  1919. 


RELIEF — COURT  OP  CLAIMS. 

§   1.     Appropriates    $63,263.77     and    de-        §   2.     How  drawn. 
signates   claimants. 

(House  Bill  No.   502.     Approved  June  28,   1919.) 

An  Act  entitled,  "An  Act  to  make  appropriations  for  certain  claims 
against  the  State  of  Illinois,  in  conformity  with  awards  made  by 
the  Court  of  Claims  to  certain  persons,  firms,  corporations  and  co- 
parnerships  named  therein" 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  is  hereby 
appropriated  the  sum  of  sixty-three  thousand,  two  hundred  sixty-three 
dollars  and  seventy-seven  cents  ($63,263.77)  to  pay  claims  in  con- 
formity with  awards  made  by  the  Court  of  Claims  at  its  September 
Term,  1918,  to  the  following  named  persons,  firms,  corporations  and 
copartnerships : 

Account  Joliet  Penitentiary. 

Armour  &  Company,  Steers,  meats,  etc.  . .  ,    $  1,724.77 

Armour  Leather  Co.,  Chicago,  Shoe  soles  and  leather,....  508.03 

Bickett  Coal  &  Coke  Co.,  Excess  coal,  etc., 2,485.14 

Buchanan-Daly  Co.,  Maple  fig.  lumber,. 23.57 

Buck  Werden,  Cement,  lime,  etc., 68.75 

Chicago,  Eock  Island  &  Pacific  Ey.  Co.,  Freight  bills 4.44 

Elgin,  Joliet  &  Eastern  Ey.  Co.,  Cement  and'freight  bills,.  .  371.75 

Grafton  &  Knight  Mfg.  Co.,  Balance  invoice, 2.05 

Joliet  Bridge  &  Iron  Company,  Beams,  etc., 7.50 

Joliet  Printing  Company,  Balance  of  invoice 2.08 

Joliet  Eepublican   Printing   Co.,  Eecord   cards   etc., 11.90 


106  APPROPRIATIONS. 


Ludonica  Celaclor  Co.,  Tile  and  trimmings,.  .  . '. 49.75 

Hugh  P.  McPartlin,  Butter  and  mdse., 41.04 

New  Jersey  Car  Spring  &  Eubber  Co.,  Belting, 428.04 

National  Lead  Company,  Babbitt  and  supplies, 39.00 

Albert  Pick  &  Co.,  Soda  fountain  equipments, 50.15 

United  Shoe  Machinery  Corporation,  Pounding  machine.  .  13.30 

Westinghouse  Electric  &  Mfg.   Company,   Supplies, 55.72 

Ernest  B.  Scagnelli,  Auto  supplies, 200.52 

Silver  Cross  Hospital,  Service, . 16.50 

Account  Illinois  School  for  the  Blind. 

Chicago,  Peoria  and  St.  Louis  P.  P.  Co.,  Freight 2.29 

Cudahy  Packing  Co.,  Meats,  etc., 315.17 

Jeffersons  Printing  Company,  Books,  pens,  etc., 201.53 

Barnhart  Bros.  &  Spindler,  Staples  and  merchandise 11.00 

Durand  &  Kasper  Co.,  Beans  and  cloves, 83.33 

Jourdan  Packing  Co.,  Chicago,  Bacon  and  hams 27.29 

Miller  Bryant  Pierce  Company,  Paper, 3.60 

Wilson   &   Company,   Chicago,  Beef  and   meats, 284.03 

Armour  &  Co.,  Hams  and  meat  products, 181.68 

Account  Jacksonville  State  Hospital. 

Durand  &  Kasper  Co.,  Flour,  mdse., 159.00 

Illinois  Lithographing  &  Label  Company,  Letterheads....  3.44 

H.  F.  Janssen,  For  coat  stolen   (Claim  $40.00) 25.00 

Account  State  Training  School  for  Girls. 

Albert  Hancock  &  Company,  Tablets  and  papers, 966.68 

Illinois  Lithographing  &  Label  Company,  Envelopes 20.85 

Jeffersons  Printing  Company,  Blotters  and  tablets, 60.00 

Account  Anna  State  Hospital, 

Jeffersons  Printing  Company,  Stationery  and  supplies,....  78.81 

Account  Watertown  State  Hospital. 

Jeffersons  Printing  Company,  Rubber  bands,  tablets,  etc.,.  .  254.09 

Account  St.  Charles  School  for  Boys. 

Bradner   Smith  &  Company,  Printing  stationery  and  sup- 
ples,   754.70 

Jeffersons   Printing  Company,   Construction  paper, 115.00 

Springfield  Coal  Co.,  Switching  charges  on  coal, 472.00 

Booths  Union  Market.  Chicago,  Trout  and  mackeral 32.00 


APPROPRIATIONS.  107 


Account  Soldiers'  Orphans'  Home. 

Bamhart  Bros.  &  Spindler,  Inks,  glue,  etc., 89.15 

Jeffersons  Printing  Company,  Estimate  blanks,  etc., 39.63 

Western  Electric  Company,  Mazdas,  screws, 48.02 

Account  the  Chicago  State  Hospital. 

Jeffersons  Printing  Company,  Tablets  and  supplies, 77.76 

The  Fleischmann  Company,  Yeast  and  mdse., 116.00 

H.  Johnson  &  Co.,  Mdse 52.50 

P.  J.  O'Brien  &  Company,  Brick,' 120.00 

Account  Kankakee  State  Hospital. 

Illinois  Printing  Company,  Stationery  and  supplies, 124.18 

Account  Peoria  State  Hospital. 

Jeffersons  Printing  Company,  Pencils  and  mdse 34.00 

The  Year  Book  Publishers,  Books  printed, 10.00 

Alice  Ahlfed  Hess,  Service  as  employee, 97.93 

Maude  Shelton,  Service  as  employee, 86.73 

Account  Alton  State  Hospital. 

Lner  Bros.  Packing  and  Ice  Co.,  Ice, 32.40 

Account  Illinois  School  for  the  Deaf. 

Cudahy  Packing  Co.,  Supplies  and  mdse 89.83 

Account  Illinois  Soldiers  and  Sailors  Home. 

Chicago,  Wilmington  &  Franklin  Coal  Co.,  Coal, 92.34 


i&^? 


Account  Illinois  State  Eeformatory. 

American  Brass  Company,  Chair  tips  and  mdse 151.51 

Albin-Harve  Co.,  Eope,  twine,  etc., 275.10 

American  Steel  &  Wire  Company,  Nails  and  mdse 659.14 

Armour  Glue  Works,  White  glue  and  mdse 565.60 

Armour  Ammonia  Works,  Ammonia 106.34 

E.   A.  Armstrong  Mfg.   Co.,   Busby — maroon, 6.90 

Abraham  Baldwin,  Cadet  gray  clothes, 1,553.18 

Barnhart  Brothers  &  Spindler,  Mitering  machine, 240.03 

Berlin  Mills  Company,  Paper  and  freight 4,700.03 

Buckie  Printing  Ink  Co.,  Inks, 62.75 

Beardslee   Chandelier   Mfg.   Company,   Silk   cord, 50. S6 

Cameron,  Amberg  &  Company,  Binders, 2.54 

H.   Channon   Company,   Oval  belting, 152.80 


108  APPROPRIATIONS. 


L.  C.  Chase  &  Company ,  Upholstering, 137.70 

Chicago  &  Alton  E.  E.  Co.,  Freights, 120.92 

Carson  Pirie  Scott  &  Company,  Mdse.  &  supplies, 4,097.67 

Crescent  Paper  Company,  Indian  Kraft, 4.77 

Casein  Mfg.  Co.,  Texet  sizing, 360.00 

Chicago  Machinery  Exchange,  Casting  repairs  and  mdse.  .  .  219.14 

Campbell  Holton  &  Company,  Apple  butter  and  mdse 783.49 

C.  C.  Conn,  Ltd.,  Musical  instruments, 91.05 

DeVilbiss  Mfg.  Company,  Electric  fans, 14.51 

Dearborn  Paper  Company,  Ledger,  index,  etc., 803.24 

Dennison  Mfg.  Compaq,  Yellow  gauze,  etc., 44.40 

Electric  Appliance  Company,  Electric  supplies, 405.88 

H.  O.  Erickson  &  Son,  Cement, 3.75 

The  Famous  5  &  10,  Hooks  and  sinkers, 4.05 

Flanagan  &  Co.,  Inkwells, 7.60 

Fibre  Grand  Company,  Cord,  fibre, 154.37 

The  Fleischmann  Co.,  Yeast,  mdse., 12.50 

Gane  Bros  &  Company,  Mdse 787.55 

Grand  Eapids  Wood  Finishing  Co.,  Solvent  mdse., 26.00 

Grand  Eapids  Varnish  Company,  Enamel,  etc., 533.36 

Howes  Bros.  Company,  Leather  goods, 422.07 

Holmon  Soap  Company,  Soap,  powder  &  mdse., 417.08 

H.  M.  Hooker,  Turpentine,  brushes  &  mdse., 475.29 

Hygrade  Lamp  Company,  Lamp  supplies, 105.30 

J.  F.  Humphreys  &  Company,  Flour,  mdse., 1,389.35 

H.  Halvorsen  Compan}^  Woolens,  canvass,  cloth  &  mdse.,.  .  .  383.87 

Hibbard,  Spencer,  Bartlett  &  Co.,  Supplies  &  mdse., 1,045.71 

Wm.  A.  Iden  Company,  Hemp,  twine, 43.00 

Illinois  Central  E.  E.  Co.,  Freight  bills, 240.49 

Ideal  Pattern  &  Machine  Works,  Columns,  etc., 334.65 

Ingersoll-Eand  Company,  Bolts  and  fittings, 864.58 

Kilgore  Linotyping  Company,  Printing,    314.65 

E.  B.  Kipp  &  Son,  Cypress,  lumber,  hard  coal,  brick,  etc.,  973.68 

A.  W.  Klaholt,  Supplies  and  mdse., 276.00 

Lilly   Coal   Company,   Coal, 133.96 

Lussky,  White  &  Coolidge,  Fabrics,  thread, 164.12 

Latham  Machinery  Company,  Lunch  blocks, 13.86 

Lyon  &  Healy,  School  music, 5.23 

Ed  Morris,  Blacksmith,  labor 22.50 

The  David  J.  Malloy  Company,  supplies, 16.25 

McClurg  &  Company,  Dictionaries,  binding, 31.90 

McCormick-Grant,    Seed   oats, 3.1.50 

McNeill  &  Higgins  Co.,  Mackerel,  fish, 24.09 

Mergenthaler  Linotype  Company,  Machinery, 133.49 

Moore,  Case,  Lyman  &  Hubbard,  Insurance, 3.34 

N.  O.  Nelson  Mfg.   Company,  Piping,  valves, 172.99 

National  Gum  &  Mica  Company,  Glue  mica, 331.50 

O'Neill  Oil  &  Paint  Company,  Enamel,  mdse., 49.44 


APPROPRIATIONS.  109 


Balance  on  pay  roll  of  employees,  as  follows: 

Ames,    Carlos,    Manager,    39.67 

Califf,  John  A Manager,    100.00 

Elliott,  C.  W "         100.00 

Gravenhorst,  A.  H 100.00 

Houghton,  Van  D "         100.00 

Graves,  W.  C General    Supt 333.33 

Trumbo,  Z.   T Chief  clerk, ' 140.00 

Eoss,  John   . Physician,    100.00 

Duncan,    J.    W Chief  engineer, 2.7.60 

Anable,  E.  W Chaplain,   22.10 

Jenkins,   W.    H Bookkeeper,   17.60 

Simater,   Mary  E Nurse,    16.50 

Schneider,  J.  Maude, Stenographer,    15.40 

McKuen,   Kate,    Housekeeper,   11.00 

Barton,  Lon  Barber    14.30 

Bater,   Wm Mason '. 16.50 

Bell,   B.   O Guard 13.20 

Bever,    S.   D "       15.40 

Brooks,  H.  E "       16.50 

Butterworth,  Geo Librarian   16.50 

Brewer,  L.  E Guard,    14.30 

Buell,  E,   B Laundryman    16.00 

Butler,  Eobert   Guard,    13.20 

Botkin  C.  O Night  guard 13.20 

Bennett,  Chas.  H Chauffeur 11.00 

Cannon,    J.    H Priest   14.30 

Cullen,  M.  S Instructor    15.40 

Close,  N.  H Teacher    15.40 

Cook,   J.    H Phys.  culture,  Mil.  1 17.65 

Clark,  James    Farm  labor, 11.00 

Conroy,  E.  J Teacher,   13.20 

Campbell,   E.   H "         13.20 

Deming,  A.  W Guard 14.30 

Dolan,  E.  E Cook  13.20 

Dougherty,   Thos.   S Teacher    14.30 

Deane,  David   Manual  training 16.50 

Doyle,  J.  E Guard 11.00 

Edwards,    O.   L Head  farmer  22.10 

Eldon,  James   Guard    14.30 

Eby,   M.   W Teacher    14.30 

Eby,  Perry   Machinist 15.40 

Francis,   C.  M Painter 14.30 

Googertv,  Thos Blacksmith    11.90 

Goodale,   M.   M Guard 15.40 

Goodall,  Don  T "       14.30 

Gerland,  H.  C Tailor 22.10 

Geise,   Antone    Night  guard,  13.20 

Hagarty,  CM Teacher, 15.40 

Hancock,  John  B Guard,    14.30 


11.0  APPROPRIATIONS. 


Heine,   F.   H Deputy    16.50 

Mines,    VV.   A Electrician   16.50 

Hill,   W.   S Painter 13.20 

Holland,  J.  H Florist, 15.40 

Hancock,  H.   C. Night  guard, 14.30 

Harlan,    M "          "■       ■ 13.20 

Harrell,  T.   M Principal    20.15 

Harkins,   Michael    : .  •  Guard,    13.20 

Jordan,  B Guard,    14.30 

Jahnke,   F.   W Night  nurse, 11.00 

Kruger,   Chas Guard,    16.50 

Krein,   H.   M Night  guard,   14.30 

Kozak,    J.   H Guard,    12.10 

/  Lee,  A.  B Dentist,    16.50 

Lucas,   Boss    Plumber,    13.20 

Lannon,    S.    B Driver,    13.20 

Logan,  D.  M Night  guard, 16.50 

Lyons,   B.   M Teacher,   24.10 

McBeynolds,   Geo "          15.40 

McAllister,  H Poultrymen,    19.80 

Mclntyre,   Wm Teacher,   13.20 

Murphy,    Albert,    Guard,    13.20 

Morrish,   Eoss •  ■  Carpenter,    8.35 

Mayhew,   Herman    Teacher,   : .  15.40 

O'Leary,  Patrick    Night  guard 13.20 

Omer,  Oscar   . Guard   13.20 

Perrin,   B.   F Plumber 15.40 

Piatt,   Ben    Fire    chief 14.30 

Printen,  W.  J Night  guard 14.30 

Quinn,  J Guard   15.40 

Eenwick,    G.    H Engineer    17.65 

Eichardson,  Wm Cook   13.20 

Eeiss,   H.   J Teacher,   2.55 

Stewart,   W.    H Guard   •         13.20 

Smith,  Frank  J Driver    13.20 

Suethen,  Edgar    Guard   13.20 

Stewart,   E.   G 2  Deputy   1 6.50 

Scott,  J.  O Band  teacher, 19.85 

Smith,    J.    A Teacher, 13.20 

Turner,  F.  C Storekeeper, 15.40 

Telford,    G.    L.  . . Engineer,    16.50 

Tibbetts,    L.    O Carpenter,    14.30 

Wolf,  Paul  C Baker, 15.40 

Wicklander,   F.   J.  ......  .  Foundryman,    16.50 

Wahl,    W.    L Inst,  clerk,  . 19.85 

Youngreen,  J.  L Teacher,   13.20 

Eeed,  C.  M Parole  agent, 27.60 

Clinton,   T.    F Parole  agent, 27.60 

Jones,   C.    C Bee.  &  disch 15.40 

Jerries.   James   W Guard 11.00 


APPROPRIATE  NS.  Ill 


Kannmacker,  A Teacher   14.45 

Boesch,  M.  G C  iiard  8.10 

Malone,  C.  J Guard *. 7.45 

Schneider,    Wm.    li Tailor   4.80 

Follmer,    C.    H Teacher    7.45 

Mackin,  James,    Night  guard    10.77 

Gourly,  J.  F Guard   6.25 

Van  Buren,  J.  W Chef    2.20 

F.   H.   Pfeiffer,   Crockery   Co.,   Queensware, 570.38 

Pittsburg  Coal   Company,   Coal   delivered, 4,987.87 

Prison   Supply   Company,   Cloths  and  fabrics 1,552.57 

Paasche  Air  Brush  Company,  Fan  blades,  etc 22.43 

Reick  Langendorf  &  Voght  Company,  Wire,  nails,  etc.  .  .  .  90.40 

Republic  Metalware  Company,  Wire  soldering, 426.34 

F.  A.  Bauch  Company,  Burlap,  webbing  &  supplies, 137.05 

Joseph  T.  Eyerson  &  Son,  Hardware, 795.36 

Dr.  Jno.  D.   Scouller,  Services  rendered, 100.00 

Sherman,  Clay  &  Co.,  School  supplies, 13.45 

Sullivan   Oil   Company,    Engine   oil,   etc 94.50 

Swift  &  Company,  Hams,  meat  and  mdse 5,022.05 

Stephenson   Mfg.    Company,   Maple   rollers, 21.32 

Singer  Sewing  Machine  Company,  Machine  and  oil 59.75 

Standard  Oil  Company,  Gasoline  and  mdse 224.70 

H.  C.  Stone  Lumber  Company,  Car  of  lumber,  etc 674.86 

Vilter   Manufacturing   Company,   Eope   and   couplings.  .  .  .  90.73 

Van  Camp  Manufacturing  Company,  Varnish  and  mdse.  . .  172.48 

Wilder  &  Company,  Leather  goods. 1,137.40 

Weil  Bros.  Hydrant  and  valves, 47.02 

Western  Union  Telegraph  Company,  clock  timing  rental,..  10.00 

Wilder  Tanning  Company,  Leather  &  mdse., 234.48 

Wilson  &   Company,  Leather  and  mdse., 108.00 

Wood,  Morris  &  Sons,  Machinery  &  mdse 42.20 

Wabash  Railroad  Company,  Freight  bills 1.21 

Wilson  Jones  Loose  Leaf  Company,  Metal  leaf,  etc., 6.16 

John  B.  Wiggins   Company,  Engraved  cards, 6.84 

Account  Department  of  Trade  and  Commerce, 

chicago  grain  office. 

James  L.  Monaghan,  Bond  premiums, 43.89 

Acorn  Tire  and  Eepair  Co.,  Inner  auto  tubes, 6.00 

TJ.  S.  Fidelity  &  Guaranty  Co.,  Premium  on  bonds, 10.00 

The  Automobile  Supply  Co.,  Supplies, 4.13 

Central  Garage,  Eepairs  and  service, 24.85 

Chicago  &  Alton  E.  E.,  Tickets  to  inspectors 52.40 

Chicago,  Eock  Island  &  Pacific  E.  E.,  Tickets  to  inspectors,.  .  417.35 

Chicago  Surface  Lines,  Street  car  tickets, 20.00 

Chicago  Herald,  Legal  notices  for  inspectors, 294.00 

Chicago,  Burlington  &  Quincy  E.  E.,  Tickets  to  inspectors,.  .  '   77.40 


112  APPROPRIATIONS. 


Chicago,  Milwaukee  &  St.  Paul  E.  E.,  Tickets  to  inspectors,.  123.00 

Illinois  Central  E.  E.,  Tickets  to  inspectors, 378.03 

Minneapolis,   St.  Paul  &  Sault  St.  Marie   Ey.,  Inspectors 

tickets,    26.70 

New  York  Central  E.  E.,  Inspectors  tickets, 120.25 

M.  J.  Neahr  &  Co.,  Grain  bags, 450.00 

A.  E.  Peters  &  Co.,  Grain  supplies, 6.60 

Fred  J.  Eingley,  Inspectors  printing  bills, 272.25 

Shattuck  &  McKay,  Inspectors  printing  bills, 502.00 

D.  A.   Stuart,  Engine  oils, 15.00 

Standard  Oil  Co.,  Gasoline,  etc., 72.00 

Chicago  &  Eastern  Illinois  E.  E.,  Tickets  to  inspectors,.  .  . .  14.30 

Chicago  &  Northwestern  E.  E.,  Tickets  to  grain  inspectors,  262.55 


E.  St.  Louis  Grain  Office. 

Illinois   State  Bef ormatory, . 71.50 

John  F.  Sullivan,  E.  St.  Louis, 26.61 


Account  Department  of  Trade  and  Commerce, 
state  public  utilities  commission. 

The   Consolidated   Press   Clipping   Co.,    Service   to    Public 

Utilities, 7.80 

The  Underwood  Typewriter  Co.,  Supplies  to  Utilities  Com- 
mission,     85.28 

Troxell,  Kikeudall  &  Company,  Bond  premium, 7.50 

Account  Attorney  General. 
The  Western  Union  Telegraph  Co.,  Telegrams, 68.66 

Account  Secretary  of  State. 

Adams  Express  Co.,  Express  charges, 6.95 

The  Western  Union  Telegraph  Co.,  Messages  and  service..  63.70 

Account  Automobile  Department. 
Jeffersons  Printing  Co.,  Sliding  shelves, 31.75 

Account  Southern  Illinois  State  Normal  School. 

The  Western  Union   Telegraph   Co., 1.61 

Thos.  E.  Wilson  &  Co.,  Mdse.  furnished, 76.92 

Mrs.  Martha  Locklar,  (Admx)  Expense  as  court  messenger,  73.26 


APPROPRIATIONS. 


113 


Account  Illinois  State  Board  of  Architects. 

Standard  Blue  Print  and  Supply  Co.,  for  stamping,  mail- 
ing,   etc 

Account  Department  of  Labor, 
division  of  illinois  free  employment  office,  chicago. 


8.27 


Chicago  Telephone  Co.,  Excess  messages,  tolls, 

Commonwealth  Edison  Company,  Electric  light,  fixtures, 
Eeliable  Pure  Ice  Company,  Ice  furnished  June  1917,.  . 
Western  Union  Telegraph  Co.,  Services  for  June  1917,.  . 
Chicago  Towel  Company,  Towels  for  June,  1917, 


162.51 
6.97 
6.00 
5.48 
2.50 


Miscellaneous. 

A.  W.  Klaholt,  for  goods  furnished  Elgin  State  Hospital, .  . 
Booth  Fisheries  Co.,  for  mdse.  furnished  Industrial  Home 

for    Blind 

Anna  T.  Mitchell,  for  injury  to  hand  and  finger 

J.   B.   Vaughn Expense  account 

Cameron,  Amberg  &  Co .  . .  Stationery    

City  Hall  Square  Co Equipment  and  repairs   

Underwood  Typewriter  Co .  Eepairs 

Western   Union    Telegraph 

Co Service  May  &  June 

Chicago  Artificial  Ice  Co .  Service  May  &  June 

Gravel  Spring  Co Water  service    

Chicago   Towel   Co Service  June   

Amberg  File  &  Index  Co.  .  Equipment 

Globe-Wernicke  Co Equipment 

C.  E.  G.  Forrester Testifying    

Blanche  E.  Grace Eeporting    

Nellie   Tucker    Eeporting    

Marie      Murphy's      Letter 

Shop    Stenographic  work   

James  E.   Tanner Expense  account  

Eobert  Eadie Expense  account    

Frank  A.  Klebosky,  Injury  in  military  service, 

Jno.  T.  Kane,  Office  rent,  Horseshoers  Board, 

John  W.  Huening,  Services,  Board  Horseshoers, 

D.  Ernest  Nora,  Eefund,  medical  examination  fee, 

Ealph  W.  Webster,  Eefund  corporation  fee, 

Fire  Marshal  and  Deputy  Fire  Marshals,  traveling  ex- 
penses for  May  and  June,  1917,  as  follows: 

John  G.   Gamber 

Matt  E.   Norton, 

S.    Legreid 

L.    C.   McMurtrie, 


421.58 

6.60 

10.00 

360.03 

10.70 

5.95 

1.65 

4.62 

5.00 

45.00 

12.00 

150.70 

43.00 

17.50 

5.00 

2.75 

6.00 

110.74 

388.66 

469.00 

20.00 

70.00 

9.00 

55.00 


82,86 

8.61 

189.42 

109.17 


—8  L 


114  APPROPRIATIONS. 


Chas.    J.    Boberts, 74.50 

J.   Q.   Snedeker, 87.97 

A.  H.   Bogardus, 08.87 

John   H.   Bichards, .  .  33.45 

Bobert    Harper 32.52 

Tony   Bracks, ' 75.70 

Philip   B.   Dunn, 54.32 

J.    E.    Gallivan 56.13 

B.  B.  Lytton, 33.43 

Edward    Holland, 80.78 

W.  J.  Hamafom, 27.94 

Thomas   A.    Greeley, 27.67 

Wm.    B.    Price 21.91 

Neils    Juul,    Jr., 28.97 

Geo.   J.  Byrnes, 39.08 

M.    J.    Durr, 28.07 

Total $  63,263.77 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  on  the  State  treasury  for  the  aforesaid 
sums  of  money,  payable  to  the  respective  parties  for  the  several  sums 
indicated  in  section  1  of  this  Act,  and  the  State  Treasurer  is  hereby 
authorized  and  directed  to  pay  the  same  out  of  any  money  in  the 
State  treasury  not  otherwise  appropriated  except  the  sums  appropriated 
for  traveling  expenses  for  the  fire  marshal  and  deputy  fire  marshals, 
which  sums  shall  be  paid  by  the  State  Treasurer  from  the  Fire  Pre- 
vention Eund. 

Approved  June  28,  1919. 

RELIEF — COURT  OF  CLAIMS. 

§   1.     Appropriates    $6,775.42    and   desig-        §  2.     How  drawn. 

nates  claimants.  % 

(House  Bill  No.   228.  -Approved  June  28,   1919.) 

An  Act  entitled,  "An  Act  making  an  appropriation  for  the  -payment 
of  certain  amounts  awarded  by  the  Court  of  Claims  to  certain  per- 
sons." 

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  six  thousand  seven  hundred  seventy-five  dol- 
lars and  forty-two  cents  ($6,775.42),  to  pay  certain  awards  made  by 
the  Court  of  Claims  during" the  session  of  1916,  to  the  following  named 
persons : 

To  C.  F.  O'Connor,  for  salary  due  as  member  "of  the  Illinois  State 
Board  of  Dental  Examiners  for  the  years  1914,  1915  and  1916,  one 
hundred  eleven  dollars  and  ninety-five  cents,    ($111.95). 

To  Henry  L.  Whipple,  for  salary  due  as  member  of  the  Illinois 
State  Board  of  Dental  Examiners  for  the  years  1914  and  1915,  three 
hundred  twelve  dollars  and  seventy-two  cents,  ($312.72).. 


APPROPRIATIONS.  1  If) 


To  E.  E.  Ilazell,  for  salary  due  as  member  of  the  Illinois  State 
Board  of  Dental  Examiners  for  the  year  11)14,  three  hundred  four 
dollars  and  seventy  cents,   ($304.70). 

To  W.  E.  Whalen,  for  salary  due  as  member  of  the  Illinois  State 
Board  of  Dental  Examiners  for  the  year  1914,  two  hundred  seventy- 
nine  dollars  and  thirty-five  cents,   ($279.35). 

To  C.  P.  Pruyn,  for  salary  due  as  member  of  the  Illinois  State 
Board  of  Dental  Examiners  for  the  yeaj'  1914,  one  hundred  seventy 
dollars  and  forty  cents,   ($170.40). 

To  B.  A.  Smith,  for  salary  due  as  member  of  the  Illinois  State 
Board  of  Dental  Examiners,  for  the  years  1914  and  1915,  five  hundred 
eighteen  dollars  and  fifty-seven  cents,  ($518.57). 

To  N.  W.  Cox,  for  salary  due  as  member  of  the  Illinois  State 
Board  of  Dental  Examiners  for  the  years  1914  and  1915,  five  hun- 
dred fifty-two  dollars  and  seventy-three  cents,   ($552.73). 

To  John  J.  Coffey,  for  salary  due  as  secretary  of  the  State  Board  of 
Equalization  from  July  1,  1915,  to  January  1,  1916,  one  hundred  and 
fifty-five  days  at  five  dollars  ($5.00)  per  day,  seven  hundred  seventy- 
five  dollars,  ($775.00). 

To  Amos  Sawyer,  for  salary  due  as  secretary  of  the  Illinois  State 
Board  of  Health,  from  the  death  of  James  A.  Egan  until  the  appoint- 
ment of  C.  St.  Clair'  Drake,  three  thousand  seven  hundred  fifty  dol- 
lars,  ($3,750.00). 

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

Approved  June  28,  1919. 


RELIEF — COURT  OF  CLAIMS. 

§    1.     Appropriates       $23,000.00  —  desig-        §   2.     How   drawn, 
nates    claimants. 

(House  Bill  No.   433.     Approved  June  28,   1919.) 

An  Act  entitled,  "An  Act  to  matce  appropriations  for  certain  claims 
against   the  State   of  Illinois,   in   conformity   with   recommendations 
made  by  the  Court  of  Claims  to  certain  persons  named  therein." 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  there  be  and  is  hereby  ap- 
propriated the  sum  of  twenty-three  thousand  dollars    ($23,000.00)    to 
pay  claims  in  conformity  with  recommendations  made  by  the  Court  of 
Claims  at  its  September  term,  1918,  to  the  following  named  persons: 
To  the  legal  representative  of  the  estate  of  James  W.  North, 
deceased,  damages  resulting  from  the  death  of  the  said 
James  W.  North  on  the  4th  day  of  December,  1913,  while 
in  the  performance  of  his  duties  as  curator  in  the  medical 
department  of  the  University  of  Illinois,  where,  by  reason 
of  a  defective  elevator,  decedent  was  plunged  to  the  bottom 
of  the  elevator  shaft  and  killed,  the  sum  of $     3,500.00 


116  APPROPRIATIONS. 


To  the  legal  representative  of  the  estate  of  Helen  Branstitter, 
deceased,  damages  resulting  from  the  death  of  the  said 
Helen  Branstitter  on  the  8th  day  of  January,  1918,  while 
in  the  performance  of  her  duties  as  an  attendant  and 
night  watch  at  the  Hospital  for  the  Insane  at  Jacksonville 
by  being  choked  to  death  by  two  insane  patients,  the  sum 
of   .! $     2,500.00 

To  the  legal  representative  of,  the  estate  of  Minnie  Schwab, 
deceased,  damages  resulting  from  the  death  of  the  said 
Minnie  Schwab  on  the  29th  day  of  July,  1915,  by  being 
scalded  to  death  in  a  bath  tub  while  an  inmate  of  the  Hos- 
pital for  the  Insane  at  Kankakee,  Illinois,  the  sum  of .  .  .$     2,500.00 

To  the  legal  representative  of  the  estate  of  Oscar  Watkins, 
deceased,  compensation  and  damages  resulting  from  the 
injuries  to  and  death  of  the  said  Oscar  Watkins  on  Feb- 
ruary 19,  1919,  by  reason  of  being  poisoned  while  engaged 
in  the  performance  of  his  duties  as  teacher  of  chemistry 
and  field  demonstrator  of  sprays  in  the  Department  of 
Horticulture  at  the  University  of  Illinois,  the  sum  of .  . .  .$     7,500.00 

To  Jeanne  Edgar,  widow  of  Maxwell  Edgar,  deceased,  dam- 
ages resulting  from  the  death  of  her  husband  by  being 
kicked  to  death  by  an  attendant,  while  he  was 'an  inmate 
at  the  Elgin  Hospital  for  the  Insane,  the  sum  of $     2,000.00 

To  Frank  J.  Smith,  an  employee  at  the  Eeformatory  at 
Pontiac,  Illinois,  for  damages  and  compensation  for  perma- 
nent injuries  received  (resulting  in  the  loss  of  one  limb), 
August  1,  1914,  while  engaged  in  the  search  for  an  inmate 
who  had  escaped  from  said  Illinois  State  Eeformatory,  the 
sum  of   $     3,000.00 

To  Henry  Henke,  for  damages  and  compensation  for  perma- 
nent injuries  received  while  working  as  a  painter  in  the 
service  of  the  State  at  Lincoln  Park,  Chicago,  Illinois, 
for  said  park  board,  on  the  29th  day  of  September,  1902, 
the  sum  of ' $     2,000.00 


Total    $  23,000.00 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  on  the  State  treasury  for  the  aforesaid 
sums  of  money,  payable  to  the  respective  parties  for  the  several  sums 
indicated  in  section  1  of  this  Act,  and  the  State  Treasurer  is  hereby 
authorized  and  directed  to  pay  the  same  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated. 
Approved  June  28,  1919. 


APPROPRIATIONS.  117 


RELIEF — COURT  OF  CLAIMS. 

§    1.     Appropriates    $4,240.33    and   desig-        §   2.     How  drawn, 
nates  claimants. 

(House  Bill  No.   229.     Approved  June  28,  1919.) 

An  Act  entitled,  "An  Act  making  an  appropriation  for  the  payment  of 
certain  amounts  awarded  by  the  Court  of  Claims  to  certain  persons." 

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  four  thousand  two  hundred  and  forty-nine 
dollars  and  thirty-three  cents  ($-1,240.33)  to  pay  awards  made  by  the 
Court  of  Claims  during  the  session  of  1916,  to  the  following  named 
persons : 

To  Frank  J.  Burns,  on  account  of  services  and  expenses  in  inherit- 
ance tax  work  from  May  1,  1915,  to  November  1,  1916,  two  thousand 
four  hundred  and  ninety-nine  dollars  and  thirty-three  cents,  ($2,- 
,1.99.33). 

To  Thomas  S.  Hogan,  on  account  of  services  rendered  Illinois  State 
Board  of  Health  from  July  1,  1915,  to  January  1,  1916,  one  thousand 
two  hundred  fifty  and  00/100,  ($1,250.00). 

To  Elijah  N.  Zoline,  on  account  of  services  rendered  in  suit  of 
People  of  the  State  of  Illinois  ex  rel  Edward  F.  Dunne,  Governor,  and 
Patrick  J.  Lucey,  Attorney  General,  vs.  The  Economy  Light  and  Power 
Company,  five  hundred  and  00/100,  ($500.00). 

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

Approved  June  28,  1919. 


RELIEF— CHARLES   BALSLEY. 
§    1.      Appropriates  $3,500.00. 

(Senate  Bill  No.   87.     Approved  June  28,   1919.) 

An  Act  for  the  relief  of  Charles  Balsley  and  making  an  appropriation 

therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  thirty-five  hundred 
dollars  ($3,500.00)  is  hereby  appropriated  for  the  relief  of  Charles 
Balsley,  who  was  seriously  and  permanently  injured  while  engaged  in 
the  military  service  of  this  State. 

Approved  June  28,  1919. 


118  APPROPRIATIONS. 


RELIEF — CHICAGO   SERUM  COMPANY 
§    1.     Appropriates  $5,053.29.  §   2.     How   drawn. 

(House  Bill  No.   695.     Approved  June  28,   1919.) 

Ax  Act  making  an  appropriation  to  the,  Chicago  Serum  Company,  to 
reimburse  said  company  for  serum  taken  and  destroyed  by  the  State 
of  Illinois  during  the  foot  and  mouth,  disease  epidemic  in  the  year 
1915. 

Whereas,  The  Chicago  Serum  Company,  in  the  year  A.  D.  Nine- 
teen Hundred  and  Fifteen,  was  engaged  in  distributing  and  selling  a 
serum  known  as  Anti-Hog  Cholera  Serum,  among  the  hog  raisers  and 
breeders  of  this  State;  and 

Whereas,  On  or  about  said  time  an  epidemic  among  domestic  ani- 
mals, known  as  the  foot-and-mouth  disease,  became  prevalent  in  said 
State;  and 

Whereas,  The  Bureau  of  Animal  Industry  of  the  United  States,  in 
conjunction  and  cooperation  with  the  Board  of  Live  Stock  Commis- 
sioners of  the  State  of  Illinois,  in  order  to  suppress  the  further  spread 
of  the  foot-and-mouth  disease  in  said  State,  entered  into  a  contract  or 
agreement  with  said  Chicago  Serum  Company,  .under  and  by  which  said 
Chicago  Serum  Company  turned  over  to  said  Bureau  of  Animal  Industry 
of  the  United  States  and  to  said  Board  of  Live  Stock  Commissioners  of 
the  State  of  Illinois,  all  of  said  serum  on  hand  at  said  time,  at  an 
appraised  valuation  of  ten  thousand  one  hundred  six  dollars  and  fifty- 
eight  cents,  with  the  understanding'  that  the  United  States  Government 
would  refund  to  said  Chicago  Serum  Company  one-half  of  said  sum 
of  ten  thousand  one  hundred  six  dollars  and  fifty-eight  cents,  and  the 
State  of  Illinois  would  refund  to  said  company  the  other  one-half 
thereof;  and 

Whereas,  The  United  States  did,  on  or  about  the  twenty-third  day 
of  November,  A.  D.  Nineteen  Hundred  and  Fifteen,  pay  to  the  said 
Chicago  Serum  Company  the  sum  of  five  thousand  and  fifty-three  dol- 
lars and  twenty-nine  cents,  the  said  sum  being  the  one-half  thereof  so 
agreed  to  be  paid  as  aforesaid;  and 

Whereas,  The  State  of  Illinois  has  not  paid  to  said  Chicago  Serum 
Company  its  one-half  share  of  the  appraised  value  of  the  serum  so 
taken  as  aforesaid,  nor  any  part  thereof;  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  hi  the  General  Assembly:  That  the  sum  of  five  thousand 
and  fifty-three  dollars  and  twenty -nine  cents  is  hereby  appropriated  to 
the  Chicago  Serum  Company,  to  reimburse  the  said  Chicago  Serum 
Company,  on  account  of  one-half  of  the  appraised  value  of  serum  .taken 
by  the  Bureau  of  Animal  Industry  of  the  United  States  and  the  Board 
of  Live  Stock  Commissioners  of  the  State  of  Illinois,  in  order  to  sup- 
press the  further  spread  of  the  foot-and-mouth  disease  among  domestic 
animals. 

§  2.  The  Auditor  of  Public  Accounts  shall  draw  his  warrant  in 
favor  of  the  Chicago   Serum   Company,  in  the   sum  of  five  thousand 


APPROPRIATIONS.  1  19 


and  fifty-throe  dollars  and  twenty-nine  cents,  and   the  Treasurer  shall 
pay  the  same  out  of  any  moneys  not  otherwise  appropriated. 
Approved  June  28,  1910.    . 


RELIEF— HARRY  DAVY. 
§   1.     Appropriation    authorized.  §   3.     Appropriates    $2,500.00. 

§   2.     Releasing   State   from   liability.  §   4.     How   drawn. 

(House  Bill  No.  76.     Approved  June  28,  1910.) 

An  Act  to  authorize  the  payment  of  damages  on  account  of  the  death 
of  Harry  Davy,  and  to  make  an  appropriation  therefor. 

Section  1..  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly:  That  the  payment  of  damages 
resulting  from  the  death  of  Harry  Davy,  a  guard  at  the  Joliet  peni- 
tentiary, killed  while  in  the  performance  of  his  duty,  in  the  sum  of 
twenty-five  hundred  dollars  ($2500)  to  his  widow,  May  Davy,  is  here- 
by authorized. 

§  2.  The  said  May  Davy,  widow  of  the  said  Harry  Davy,  shall 
execute  a  release  in  such  form  as  shall  be  required  by  the  Attorney 
General,  releasing  the  State  from  all  claim  or  liability  on  account  of 
the  death  of  said  Harry  Davy,  and  file  the  same  with  the  Auditor  of 
Public  Accounts. 

§  3.  For  the  purpose  of  paying  the  claim  as  herein  authorized, 
the  sum  of  twenty-five  hundred  dollars  ($2500)  is  hereby  appropriated. 

§  4.  Upon  presentation  to  the  Auditor  of  Public  Accounts  of 
a  release  as  provided  herein,  said  Auditor  of  Public  Accounts  shall 
issue  his  warrant  upon  the  State  Treasurer  in  the  sum  of  twenty-five 
hundred  dollars  ($2,500)/  payable  to  May  Davy,  the  widow  of  Harry 
Davy,  deceased,  and  the  State  Treasurer  is  hereby  authorized  and  di- 
rected to  pay  the  same  out  of  any  moneys  in  the  State  treasury  not 
otherwise  appropriated. 

Approved  June  28,  1919. 


RELIEF — ROSCOE  L.   DRENNAN. 
§    1.     Appropriates    ?4  000.00.  §   2.     How  drawn. 

(Senate  Bill  No.  529.     Approved  June  23,  1919.) 

An  Act  for  the  relief  of  Roscoe  L.  Drennan,  and  making  an  appropria- 
tion therefor. 

Whereas  :  Eoscoe  L.  Drennan,  a  bona  fide  enlisted  man  in  the 
Illinois  National  Guard  acting  under  competent  orders  of  the  com- 
mander-in-chief, attended  a  canip  of  instruction  in  1912;  and 

Whereas  :  He  contracted  infantile  paralysis  while  at  said  camp 
of  instruction ;  and 

Whereas  :  The  medical  board  found  that  he  had  contracted  said 
disease  while  on  duty  at  said  camp  of  instruction;  and 

Whereas  :  Said  disease  has  deprived  said  Drennan  of  the  use 
of  his  legs,  thus  rendering  him  practically  helpless;  and 


120  APPROPRIATIONS. 


Whereas  :  Application  to  the  Court  of  Claims  cannot  now  be 
made  because  of  the  fact  "that  more  than  two  years  have  elapsed  since 
said  Drennan  became  afflicted  with  said  disease;  now,  therefore 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  four  thousand  dol- 
lars ($4,000)  is  hereby  appropriated  for  the  relief  of  said  Eoscoe  L. 
Drennan. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrant  upon  the  State  Treasurer  in  favor  of 
said.  Eoscoe  L.  Drennan  for  the  sum  herein  appropriated. 

Approved  June  23,  1919. 


RELIEF — EAST  ST.   LOUIS  RIOT. 
§    1.     Appropriates    $27,550.00.  §   2.     How  drawn. 

(House  Bill  No.  380.     Filed  July  11,  1919.) 

An  Act  making  an  appropriation  to  reimburse  and  pay  to  certain  per- 
sons, firms  and  corporations  the  sums  of  money  paid  out  and  ad- 
vanced by  them  to  defray  the  expenses  of  gathering  evidence  and 
defraying  the  expenses  of  prosecuting  persons  who  committed  crimes 
on  July  2,  1911 ,  in  St.  Clair  County,  Illinois. 

Whereas,  On  July  2,  1917,  a  race  riot  occurred  between  mem- 
bers of  the  white  race  and  members  of  the  colored  race  in  East  St. 
Louis,  St.  Clair  County,  Illinois,  in  which  many  scores  of  people  lost 
their  lives  aud  many  scores  of  buildings  were  burned  by  incendiary 
fires;  and, 

Whereas,  It  became  important  that  those  committed  crimes  in 
connection  with  said  East  St.  Louis  riot  .should  be  prosecuted  and 
punished  under  the  criminal  laws  of  the  State  for  the  purpose  of 
bringing  about  a  reign  of  law  and  order  in  St.  Clair  County  and  act 
as  a  deterrent  to  others;  and, 

Whereas,  The  county  officials  of  St.  Clair  County  and  the  city 
officials  of  East  St.  Louis  were  not  equipped  to  handle  the  vast  amount 
of  work  necessary  to  be  done  to  bring  about  successful  prosecutions  of 
those  who  committed  crimes  in  connection  with  said  riot;  and, 

Whereas,  Said  riot  having  taken  place  subsequent  to  the  ad- 
journment of  the  Fiftieth  General  Assembly  and  there  having  been 
no  appropriation  made  to  the  department  of  the  Attorney  General  of 
Illinois  to  handle  this  extra  expense;  and, 

Whereas,  Divers  persons,  firms  and  corporations  subscribed  and 
paid  $27,550  toward  the  expense  of  gathering  evidence  and  the  gen- 
eral expenses  incurred  in  the  prosecution  of  crimes  committed  on  July 
2,  1917,  in  the  said  East  St.  Louis  riot;  and, 

Whereas,  The  said  persons,  firms  and  corporations  should  be 
reimbursed  and  paid  the  several  sums  of  money  which  each  of  them 
contributed  to  the  purposes  aforesaid;  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  is  hereby  appro- 
priated   to    the    several    persons,    firms    and    corporations    hereinafter 


APPROPRIATIONS.  121 


named,  the  sum  of  $27,550  or  so  much  thereof  as  may  be  necessary  to 
reimburse  and  pay  to  them  the  money  advanced  by  each  of  them  toward 
the  payment  of  the  expenses  of  collecting  evidence  and  the  expenses  of 
the  prosecution  of  crimes  committed  July  2,  1917,  in  St.  Clair  County, 

Illinois,  in  connection  with  the  East  St.  Louis  riot.  There  is  hereby 
appropriated  to  each  of  the  persons,  firms  and  corporations  hereinafter 
named  the  several  sums  set  opposite  the  names  of  each  of  them,  which 

said  amounts  represent  the  amount  contributed  by  each  of  said  per- 
sons, firms  and  corporation  for  the  purposes  aforesaid : 

D.   B.   Beatty $  275.00 

James  W.   McBoberts 275.00 

D.  E.   Parsons 275.00 

Dan    McGlynn 275.00 

B.  B.   Thomas - 275.00. 

E.  C.    Kramer 416.66 

Bobert  E.   Gillespie 416.60 

E.  J.    Kramer 416.66 

Bruce  A.   Campbell 416.66 

C.  H.  Way 416.66 

J.    F.   Beid 416.66 

Aluminum   Ore   Co 2,500.00 

Missouri  Malleable   Iron   Co 1,500.00 

Geo.  S.  Mepham  &  Co 250.00 

General   Chemical   Co   250.00 

American    Zinc    Co 750.00 

Bell    Telephone    Co 400.00 

Certainteed   Prod.    Corp 750.00 

East   St.   Louis   Bailway   Co 500.00 

East  St.  Louis  &  Suburban  Bailway  Co 250.00 

B.   Goedde  &   Co 250.00 

East  St.  Louis  Light  &  Power  Co 250.00 

Armour   &    Co 1,875.00 

Morris    &    Co , 1,875.00 

St.  Louis  National  Stock  Yards 1,875.00 

East  St.  Louis  Cotton  Oil  Co 750.00 

Swift   &    Co 1,875.00 

St.  Clair  County  Gas  &  Electric  Co 875.00 

Hamrrrar  Bros.  White  Lead  Co 250.00 

Grant    Chemical    Co 125.00 

East  Side  Packing  Co 500.00 

Elliott  Frog  &   Switch   Co 750.00 

East  St.  Louis  &  Suburban  Bailway  Co 750.00 

American  Steel  Foundries 1,875.00 

Laclede  Steel  Co 150.00 

C  Beeb , 250.00 

H.    Albrecht 250.00 

M.  V.  Joyce 250.00 

F.  E.    Nulsen 250.00 

C    E.    Pope 250.00 

Albert    Diehm 250.00 


122  APPROPRIATIONS. 


H.    M.    Hill 250.00 

John    E.    Hamlin 250.00 

W.    H.    Hanss 250.00 

N.   C.   McLean 250.00 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  and  the  State  Treasurer  is  hereby  di- 
rected to  pay  said  warrants  in  favor  of  the  several  said  persons,  firms 
and  corporations  above  named  for  the  several  amounts  set  opposite 
each  of  said  names. 

Filed  July  11,  1919. 

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

Witness  my  hand  this  11th.  day  of  July,  A.  D.  1919. 

Louis  L.   Emheeson,   Secretary  of  State. 


RELIEF— FRED   D.    NELLIS    COAL    COMPANY. 
§    1.     Appropriates    $10,500.00.  §   2.     How   drawn. 

(House  Bill  No.   685.     Approved  June  28.   1919.) 

An    Act    to    make    an    appropriation   for    the    Fred    D.    Nellis    Coal 

Company. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  ten  thousand 
five  hundred  dollars  ($10,500.00),  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  to  pay  and  reimburse  the  Fred  D. 
Nellis  Coal  Company  for  work  and  labor  performed  and  to  reimburse 
it  for  the  performance  of  a  contract  for  certain  work  on  the  Ohio 
Levee  at  Cairo,  Illinois,  under  contract  with  the  Eivers  and  Lakes 
Commission  of  the  State  of  Illinois  authorized  by  law. 

§  2.  Upon  the  presentation  of  a  proper  voucher  approved  by 
the  Governor,  the  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  h'is  warrant  on  the  State  Treasurer  for  the  payment 
of  such  sum  as  the  Governor  shall  certify  to  be  due,  to  reimburse  and 
compensate  the  said  Fred  D.  Nellis  Coal  Company  on  account  of  said 
contract,  and  the  State  Treasurer  shall  pay  the  same  out  of  any  moneys 
in  the  State  treasury  not  otherwise  appropriated. 

Approved  June  28,  1919. 


RELIEF — FRED  H.    GILLETT  AND   THOMAS   J.    SHERIDAN. 

§    1.      Appropriates    $4,000.00  —  Fred    H.         §    3.     Appropriates     $2,000.00 — -Thomas 
Gillett.  J.    Sheridan. 

§    2.     How   drawn.  §   4.     How  drawn. 

Senate  Bill  No.   117.     Approved  June   30,    1919.) 

An  Act  for  the  relief  of  Fred  H.  Gillett  and  Thomas  J.  Sheridan,  and 
making  appropriations  therefor. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois,, 
represented  in  the  General  Assembly:     The  sum  of  four  thousand  dol- 
lars  ($4,000)   is  hereby  appropriated  for  the  relief  of  Fred  H.  Gillet, 


APPROPRIATIONS.  123 


who  was  seriously  injured  while  engaged  in  the  performance  of  his 
duties  as  a  guard  at  the  Illinois  State  Penitentiary  at  Joliet. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrant  upon  the  State  Treasurer  in  favor  of 
said  Fred  H.   Gillet  for  the  sum  herein  appropriated. 

§  3.  The  sum  of  $2,000.00  is  hereby  appropriated  for  the  relief 
of  Thomas  J.  Sheridan  who  was  seriously  injured  while  engaged  in 
the  performance  of  his  duties  as  a  guard  at  the  Illinois  State  Peni- 
tentiary at  Joliet. 

§  4.  The  Auditor  of  Public  Accounts  is  hereby  authorized  aud 
directed  to  draw  his  warrant  upon  the  State  Treasurer  in  favor  of 
Thomas  J.  Sheridan  for  the  sum  herein  appropriated. 

Approved  June  30,  1919. 


RELIEF — HOWARD    C.    LOUTHAN. 
§   1.     Appropriates   $1,488.70  to  Howard  C.  Louthan. 

(House  Bill  No.   320.     Approved  June  28.   1919.) 

An  Act  entitled,  "An  Act  to  make  an  appropriation  to  refund  Howard 
C.  Louthan,  money  which  he  was  compelled  through  an  error  to  pay 
to  the  State  of  Illinois  as  inheritance  tax  in  the  estate  of  Lucinda 
B.  Pike,  deceased." 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  one  thousand, 
four  hundred  and  eighty-eight  and  70/100  ($1,488.70)  dollars  be,  and 
the  same  is  hereby  appropriated  out  of  money  in  the  treasury  in  the 
State  of  Illinois  for  the  purpose  of  paying  and  refunding  to  Howard 
C.  Louthan,  executor  in  the  Estate  of  Lucinda  B.  Pike,  deceased,  the 
amount  which  he  was  compelled  to  pay  to  the  State  of  Illinois,  through 
an  erroneous  and  excessive  inheritance  tax  appraisement  made  in  said 
estate,  said  tax  being  held  erroneous  on  an  appeal  from  the  appraise- 
ment to  the  County  Court  of  Cook  County,  Illinois,  and  the  Auditor 
of  Public  Accounts  is  hereby  directed  to  draw  his  warrant  in  behalf 
of  said  Howard  C.  Louthan,  executor,  for  the  said  sum  of  one  thousand, 
four  hundred  and  eighty-eight  and  70/100  ($1,488.70)  dollars,  the 
same  to  be  paid  out  of  any  funds  in  the  State  treasury  not  otherwise 
appropriated. 

Approved  June  28,  1919. 


RELIEF — FREDERICK  W.    MATTHIESEN. 
§    1.     Appropriates   $25,252.39.  §   2.     How  drawn. 

(House  Bill  No.    600.     Approved  June   30,    1919.) 

An  Act  making  an  appropriation  to  F.  W.  Matthiesen,  Jr.,  and  Adele 
M.  Blow,  executors  of  the  last  will  and  testament  of  Frederick  TT. 
Matthiesen,  deceased,  to  reimburse  said  executors  for  inheritance 
taxes  paid  in  the  estate  of  the  said  Frederick  W.  Matthiesen,  de- 
ceased, through  error. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois. 

represented  in  the  General  Assembly :     The  sum  of  twenty-five  thousand 


124  APPKOPKIATIONS. 


•two  hundred  and  fifty-two  dollars  and  thirty-nine  cents  is  appropriated 
to  F.  W.  Matthiesen,  Jr.,  and  Adele  M.  Blow,  executors  of  the  last 
will  and  testament  of  Frederick  W.  Matthiesen,  deceased,  to  reim- 
burse said  executors  for  inheritance  taxes  in  said  estate,  amounting  to 
said  sum  of  twenty-five  thousand  two  hundred  and  fifty-two  dollars 
and  thirty-nine  cents,  which  said  executors  were  compelled  to  pay  the 
State  of  Illinois  through  erroneous  and  excessive  tax  assessment  made 
in  said  estate. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  directed  to  draw 
his  warrant  on  the  State  Treasurer  in  favor  of  F.  W.  Matthiesen,  Jr., 
and  Adele  M.  Blow,  executors  for  the  last  will  and  testament  of  Fred- 
erick W.  Matthiesen,  deceased,  for  the  said  sum  of  twenty-five  thousand 
two  hundred  and  fifty-two  dollars  and  thirty-nine  cents. 

Approved  June  30,  1919. 


RELIEF — FREDA  REIDEL. 
§    1.     Appropriates    $5,000.00.  §   2.     How   drawn. 

(House  Bill  No.  387.     Approved  June   28,   1919.) 

An  Act  making  an  appropriation  for  the  payment  of  damages  for 
the  death  of  Freda  Beidel. 

Whereas:  Freda  Beidel,  on  or  about  the  6th  day  of  July,  A.  D. 
1916,  was  drowned  in  the  swimming  pool  of  the  Starved  Bock  State 
Park,  near  Utica,  in  LaSalle  County,  Illinois;  and, 

_  Whereas  :  The  Starved  Bock  State  Park  is  a  State  preserve  and 
contains  among  other  things  a  large  swimming  or  bathing  pool,  oper- 
ated by  the  State  for  hire  through  a  concessioner,  who  was  at  all  times 
subject  to  the  orders,  restrictions  and  management  of  the  Illinois  Park 
Commission  which  at  that  time  was  the  governing  body  of  said  park, 
for  the  amusement  and  recreation  of  the  patrons  of  said  park;  and, 

Whereas  :  The  said  Freda  Beidel,  on  the  clay  aforesaid,  in  com- 
pany with  four  other  persons  went  to  said  Starved  Bock  State  Park 
for  amusement  and  recreation  and  while  there  paid  the  customary 
and  usual  fee  for  the  privilege  of  bathing  or  swimming  in  said  bathing 
or  swimming  pool  and  entered  said  bathing  or  swimming  pool  for 
said  purpose;  and, 

Whereas  :  The  bottom  of  said  swimming  pool  is  an  inclined 
plane,  the  depth  of  the  water  gradually  increasing  from  one  side  there- 
of to  the  other  side  from  one  to  eight  feet,  a  rope  being  stretched  across 
said  bathing  or  swimming  pool  where  the  water  became  about  three 
and  one-half  feet  deep  as  a  line  of  demarcation  between  the  shallow 
and  the  deeper  water;  and, 

Wpiereas  :  A  small  raft  was  in  said  bathing  or  swimming  pool 
for  the  amusement  of  the  bathers;  and, 

Whereas:  The  said  Freda  Beidel,  while  on  the  raft  in  said 
bathing  or  swimming  pool,  was  seized  by  a  band  of  ruffians  and  was 
pushed  therefrom  into  deep  water,  the  said  Freda  Beidel  being  unable 
to  swim,  whereby  the  said  Freda  Beidel  was  drowned;  and, 


APPROPKIATIONS.  125 


Whereas  :  The  State  of  Illinois  failed  to  keep  and  maintain 
prooer  police  protection  for  the  maintenance  of  order  "and  decorum  at 
said  point  of  danger;  and, 

Whereas  :  The  said  Freda  Eeidel  was  unmarried ;  was  of  the  age  of 
zl  years  and  left  surviving  her,  her  mother,  three  sisters,  Grace,  aged 
*50,  Elsie,  aged  13,  Marie,  aged  11;  and  her  brothers,  Joe,  married, 
and  W7illiam,  aged  1G,  all  of  whom,  except  Joe,  live  at  home  with 
their  mother  as  her  heirs  at  law  and  next  of  kin ;  and, 

Whereas:  At  the  time  of  her  death,  the  said  Freda  Eeidel  was, 
and  for  a  long  time  prior  thereto  had  been,  engaged  as  an  employee 
at  the  Clock  Works  at  Peru,  Illinois,  receiving  wages  of  sixty  dollars 
per  month,  which  she  gave  to  her  mother;  and, 

Whereas  :  Ealph  E.  Green  is  the  duly  appointed  and  acting 
administrator  of  the  estate  of  said  Freda  Eeidel,  deceased;  now,  there- 
fore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  hereby  is 
appropriated  to  Ealph  E.  Green,  administrator  of  the  estate  of  Freda 
Eeidel,  deceased,  the  sum  of  five  thousand  dollars  as  damages  for  the 
death  of  the  said  Freda  Eeidel. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrant  upon  the  State  Treasurer  of  the  State  of 
Illinois,  payable  to  Ealph  E.  Green,  administrator  of  the  estate  of 
Freda  Eeidel,  deceased,  for  the  sum  herein  appropriated  and  the 
treasurer  shall  pay  the  same  out  of  any  money  in  the  State  treasury 
not  otherwise  appropriated. 

Approved  June  28,  1919. 


RELIEF — MRS.    PAULINE    SMITH. 
§   1.     Appropriates    $1,588.80.  §    2.     How  drawn. 

(House  Bill  No.  661.     Approved  June  28,   1919.) 

An  Act  making  an  appropriation  for  the  relief  of  Mrs.  Pauline  Smith. 

Whereas  :  Mrs.  Pauline  Smith,  on  May  28,  1918,  while  employed 
as  a  laundress  at  the  Chicago  State  Hospital,  an  Illinois  State  charitable 
institution,  located  at  Dunning,  Illinois,  suffered  the  loss  of  her  entire 
right  arm  when  the  mangle  at  which  she  was  working  was  started  by  a 
patient  of  the  institution  at  a  time  when  Mrs.  Smith  had  the  housing 
removed  and  was  fixing  the  apron  of  the  machine;  and 

Whereas  :  At  the  time  of  the  accident  the  mangle  was  properly 
equipped  with  safety  appliances;  and 

Whereas  :  Mrs.  Smith,  at  the  time  of  the  accident,  was  exercising 
due  care  for  her  own  safety  and  in  no  manner  contributed  to  the  cause 
of  the  accident ;  and 

Whereas  :  Mrs.  Smith  is  the  mother  of  five  children  who  are 
entirely  dependent  upon  her  earnings  for  their  support;  and 

Whereas  :  Mrs.  Smith's  ability  to  earn  a  living  for  herself  and 
her  children  is,  as  a  result  of  the  accident,  seriously  impaired;  and 


126  APPROPRIATIONS. 


Whereas  :  Both  the  Industrial  Commission  and  the  Court  of 
Claims  have  held  that  the  case  presented  does  not  come  within  the  pro- 
visions of  the  Workmen's  Compensation  Act;  and 

Whereas  :  If  the  case  did  come  within  the  provisions  of  that  Act, 
Mrs.  Smith  would  be  entitled  to  receive,  as  compensation  for  her  in- 
juries, the  sum  one  thousand  five  hundred  and  eighty-eight  dollars  and 
eighty  cents  ($1588.80),  now,  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  one  thousand 
five  hundred  and  eighty-eight  dollars  and  eighty  cents  ($1588.80)  is 
appropriated  for  the  relief  of  Mrs.  Pauline  Smith. 

§  2.  The  Auditor  of  Public  Accounts  is  authorized  and  directed 
to  draw  his  warrant  upon  the  State  Treasurer  in  favor  of  Mrs.  Pauline 
Smith  for  the  sum  hereby  appropriated,  and  the  State  Treasurer  is 
authorized  and  directed  to  pay  the  same  out  of  any  funds  in  the  State 
treasury  not  otherwise  appropriated. 

Approved  June  28,  1919. 


RELIEF — JOSEPH   E.    THOMPSON. 
§    1.     Appropriates    $1,763.25.  §   2.     How  drawn. 

(House  Bill  No.  388.     Filed  July   11,   1919.) 

An  Act  making  an  appropriation  to  Joseph  E.  Thompson  to  compensate 
him  for  damages  sustained  by  reason  of  a  quarantine  of  LaSalle 
County,  Illinois,  in  the  suppression  of  the  foot  and  mouth  disease: 

Whereas  :  In  September,  A.  D.  1915,  Joseph  E.  Thompson,  re- 
siding on  a  farm  owned  by  him  near  Earlville  in  the  county  of  LaSalle 
and  State  of  Illinois,  purchased  in  the  state  of  Wyoming  six  hundred 
eighteen  head  of  sheep  and  lambs  and  placed  said  sheep  and  lambs  in 
railroad  cars  for  transportation  to  Earlville,  in  the  county  of  LaSalle 
and  State  of  Illinois ;  and, 

Whereas:  While  said  sheep  and  lambs  were  in  transit  from  Wyo- 
ming and  before  their  arrival  at  Earlville,  Illinois,  on  account  of  the 
alleged  prevalence  of  the  foot  and  mouth  disease  at  a  point  in  said 
LaSalle  County,  about  twenty  miles  distant  from  the  farm  of  the  said 
Joseph  E.  Thompson,  the  whole  of  said  LaSalle  County  was  placed  in 
quarantine  against  the  entry  of  live  stock  therein  by  the  State  Board  of 
Live  Stock  Commissioners ;  and, 

Whereas  :  The  said  sheep  and  lambs  were  purchased  from  off  the 
ranges  of  the  west  and  would  not  eat  hay,  any  kind  of  grain,  or  other 
prepared  foods  until  educated  to  do  so  by  necessity  but  thrived  upon 
weeds,  coarse  grass,  and  other  vegetation  and  said  sheep  and  lambs  were 
purchased  to  eat  the  roughage  during  the  fall  and  before  its  destruction 
in  the  winter  season  on  the  farm  of  the  said  Joseph  E.  Thompson ;  and, 

Whereas  :  On  account  of  said  quarantine  the  said  Joseph  E. 
Thompson  was  prohibited  from  unloading  said  sheep  and  lambs  at  Earl- 
ville or  at  any  other  point  in  LaSalle  County,  but  was  compelled  to  send 
said  sheep  and  lambs  to  Somonauk,  in  DeKalb  County,.  Illinois,  where 
said  sheep  and  lambs  were  unloaded;  and, 


APPROPRIATIONS.  127 


Whereas:  The  only  place  the  said  Joseph  E.  Thompson  could 
find  to  care  for  said  sheep  and  lambs  in  DeKalb  County  was  at  the  fair 
grounds  at  Sandwich,  a  distance  of  about  three  miles  from  Somonauk, 
which  said  fair  grounds  contained  an  acreage  of  about  forty  acres  but 
without  grass,  weeds  or  roughage  available  for  said  sheep  and  lamps; 
and, 

Whereas  :  The  quarantine  against  the  entry  into  LaSalle  County 
of  live  stock  was  not  raised  by  the  State  Board  of  Live  Stock  Commis- 
sioners until  on  or  about  the  27th  day  of  October,  A.  D.  1915,  several 
weeks  after  said  sheep  and  lambs  had  been  taken  to  the  fair  grounds  at 
Sandwich;  and, 

Whereas  :  By  reason  of  the  fact  that  said  sheep  and  lambs  so 
confined  to  the  fair  grounds,  as  aforesaid,  without  roughage  such  as  they 
were  accustomed  to  and  such  as  they  would  have  received  on  the  farm 
of  the  said  Joseph  E.  Thompson,  were  un-dermined  in  health  and  did 
not  gain  flesh,  some  of  them  dying  by  reason  thereof;  and, 

Whereas  :  When  said  quarantine  was  raised  the  roughage  on  the 
farm  of  the  said  Joseph  E.  Thompson  had  become  withered  and  frozen 
and  was  rendered  in  large  part  unfit  for  the  sheep  and  lambs  purchased 
as  aforesaid,  and  the  said  Joseph  E.  Thompson  was  compelled  to  dispose 
of  said  sheep  at  a  great  loss ;  and, 

Whereas  :  The  said  Joseph  E.  Thompson  has  paid  the  sum  •  of 
one  hundred  fifty  four  dollars  for  the  care  of  said  sheep  and  lambs  at  the 
fair  grounds  in  Sandwich;  and, 

Whereas  :  By  reason  aforesaid,  the  said  Joseph  E.  Thompson  has 
incurred  damages  in  the  sum  of  seventeen  hundred  sixty-three  and 
twenty-five  one  hundredths  dollars  which  the  State  of  Illinois  ought 
justly  and  equitably  to  pay ;  now,  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  seventeen  hun- 
dred sixty-three  and  twenty-five  one  hundredth  dollars  be  and  the 
same  is  hereby  appropriated  to  Joseph  E.  Thompson  to  compensate  him 
for  damages  sustained  on  account  of  the  quarantine  against  bringing 
stock  into  LaSalle  County. 

§  2.'  The  Auditor  of  Public  Accounts  is  directed  to  draw  his  war- 
rant in  favor  of  the  said  Joseph  E.  Thompson  for  the  sum  herein 
appropriated  and  the  State  Treasurer  shall  pay  the  same  out  of  any 
monev  in  the  State  treasury  not  otherwise  appropriated. 

Filed  July  11,  1919.  ' 

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

Witness  my  hand  this  11th  day  of  July,  A.   D.   1919. 

Louis  L.   Emmerson,   Secretary  of  State. 


128  APPROPRIATIONS. 


RELIEF — FAMILY   OF  JAMES   KENT  VENNER. 
§    1.     Appropriates  $3,500.  §   2.     How  drawn. 

(Senate  Bill  No.   70.     Approved  June   28,   1919.) 

An  Act  for  the  relief  of  the  family  of  James  Kent  Venner,  deceased, 
and  making  an  appropriation  therefor. 

Whereas  :  James  Kent  Venner,  an  employee  of  the  Illinois  and 
Michigan  Canal  Commissioners  at  Channahon,  Will  County,  Illinois, 
while  engaged  in  the  duties  of  his  employment  on  May  13,  1916,  was 
crushed  under  the  timbers  of  a  falling  derrick  and  suffered  injuries 
which  resulted  in  his  death,  said  accident  being  the  result  of  the  unsafe 
condition  of  the  derrick  about  which  he  was  working  in  the  performance 
of  his  usual  duties  as  an  employee  of  the  State  of  Illinois  in  and  about 
the  Illinois  and  Michigan  Canal  banks;  and 

Whereas:  On  the  22nd  day  of  Januar}^,  1917,  Eobert  J.  Burke 
an  arbitrator  of  the  Industrial  Board  of  the  State  of  Illinois,  having 
heard  the  facts  in  the  application  for  an  adjustment  claim  filed  by 
Florence  Venner,  widow  of  the  said  James  Kent  Venner,  and  having 
made  careful  inquiry  and  investigation  found  that  the  said  James  Kent 
Venner  was  working  under  the  provisions  of  the  Workmen's  Compensa- 
tion Act  and  that  the  injuries  which  caused  his  death  arose  out  of  and 
in  the  course  of  his  said  employment;  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  three  thousand  five 
hundred  dollars  ($3,500)  is  appropriated  for  the  relief  of  the  family 
of  James  Kent  Venner,  deceased. 

§  2.  The  Auditor  of  Public  Accounts  is  directed  to  draw  his 
warrant  on  the  State  Treasurer  in  favor  of  the  personal  representative 
of  the  estate  of  James  Kent  Venner,  deceased,  for  the  sum  of  three 
thousand  five  hundred  dollars  ($3,500)  to  be  paid  out  of  any  moneys 
in  the  State  treasury  not  otherwise  appropriated. 

Approved  June  28,  1919. 


RELIEF— CHARLES  WALTERS. 
§    1.     Appropriates    $1,000.00.  §   2.     How  drawn. 

(House  Bill  No.   181.     Approved  June  28,   1919.) 

An  Act  for  the  relief  of  Charles  Walters,  and  making  an  appropriation 

therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  one  thousand  dol- 
lars ($1,000)  is  hereby  appropriated  for  the  relief  of  Charles  Walters, 
who  was  seriously  injured  while  engaged  in  the  performance  of  his 
duties  as  a  guard  at  the  Illinois  State  Penitentiary  at  Joliet. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrant  upon  the  State  Treasurer  in  favor  of  said 
Charles  Walters  for  the  sum  herein  appropriated. 

Approved  June  28,  1919. 


APPROPRIATIONS.  129 


ROADS  AND   BRIDGES. 

§    1.     Department  of  Public  Works  and        §    4.     Lease   of  lands. 
Buildings  empowered  to  acquire 
lands.  §   5.     Appropriates    $125,000.00. 

S   2.     Power   to    remove    materials.  §   6.     Payment  of  warrants. 

§    3.     Sale  of  materials. 

(Senate  Bill  No.   465.     Approved  June   17,    1919.) 

An  Act  to  authorize  the  acquisition  by  the  State  of  lands  containing 
deposits  of  novaculite  or  other  substances  or  materials  capable  of 
being  used  in  the  construction  of  roads,  to  regulate  the  use  of  such 
lands  by  the  State,  and  to  make  an  apvropriation  therefor. 

Section  1.  Be  it, enacted  by  the  1'eople  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  approval  of  the 
Governor  the  Department  of  Public  Works  and  Buildings  is  authorized 
to  acquire,  by  purchase  or  otherwise  such  lands  containing  deposits  of 
novaculite  or  other  substances  or  materials  capable  of  being  used  in 
the  construction  of  roads  as  it  may  deem  necessary. 

§  2.  The  Department  of  Public  Work  and  Buildings  shall  have 
full  power  to  do  all  things  necessary  to  remove  the  deposits  of  novacu- 
lite and  other  substances  or  materials  capable  of  being  used  in  the 
construction  of  roads,  from  the  lands  acquired  pursuant  to  the  pro- 
visions of  this  Act  and  to  make  the  same  available  for  use  in  road 
construction  work. 

§  3.  The  novaculite  or  other  substances  or  materials  capable  of 
being  used  in  the  construction  of  roads  may  be  used  by  the  State  in 
the  construction  of  roads  and  highways  and  may  be  sold  by  the  State 
to  townships,  road  districts  or  counties  in  this  State  or  to  contractors 
engaged  in  the  business  of  constructing  roads  in  this  State.  The  sale 
price  of  such  novaculite  or  other  substances  or  materials  shall  be  fixed 
by  the  Department  of  Public  Works  and  Buildings  but  in  no  case 
shall  such  sale  price  be  fixed  at  a  figure  which  would  mean  a  loss  to 
the  State. 

§  4.  The  Department  of  Public  Works  and  Buildings  shall  also 
have  power  to  lease  for  operation  any  of  the  lands  acquired  under  the 
provisions  of  this  Act  but  in  all  such  leases  the  lesee  shall  agree  to 
furnish  or  sell  the  novaculite  or  other  substances  or  materials  capable 
of  being  used  in  the  construction  of  roads  at  a  price  to  be  fixed  by  the 
Department  of  Public  Works  and  Buildings,  and  in  no  case  shall  any 
such  lessee  be  permitted  to  furnish  or  sell  such  novaculite  or  other 
substances  or  materials  to  any  person,  firm,  or  corporation  other  than 
the  State,  counties,  townships,  or  road  districts  in  this  State  or  con- 
tractors engaged  in  the  business  of  constructing  roads  in  this  State. 

§  5.  For  the  purpose  of  carrying  out  the  provisions  of  this  Act 
there  is  hereby  appropriated  out  of  the  special  fund  in  the  State 
treasury  known  as  the  road  fund,  the  sum  of  ($125,000.00)  one  hun- 
dred twenty-five  thousand  dollars. 

§  6.  Upon  the  presentation  of  proper  vouchers  certified  to  as 
correct  by  the  Department  of   Public  Works   and   Buildings   and   ap- 

—9  L 


130  APPEOPBIATIONS. 


proved  by  the  Department  of  Finance,  the  Auditor  of  Public  Accounts 
shall  draw  his  warrants  on  the  State  Treasurer  against  the  sum  hereby 
appropriated  and  the  State  Treasurer  shall  pay  the  same  out  of  any 
moneys  in  the  State  treasury  not  otherwise  appropriated. 
Approved  June  17,  1919. 


"URAL,  POST  ROADS. 

§   1.     Appropriates  unexepended  balance        §   2.     How  drawn, 
heretofore      appropriated      and 
how  to  be  expended. 

(House  Bill  No.   496.     Approved  June  28,  1919.) 

An  Act  making  an  appropriation  for  the  construction  of  rural  post 
roads  under  and  in  accordance  with  an  Act  of  Congress  entitled, 
"An  Act  to  provide  that  the  United  States  shall  aid  the  states  in 
the  construction  of  rural  post  roads,  and  for  other  purposes,"  ap- 
proved July  11,  1916,  and  known  as  the  Federal  Aid  Road  Act. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the'  General  Assembly:     That  there  be  and  hereby  is 
appropriated  to  the  Department  of  Public  Works  and  Buildings,  for 
the  purpose  of  meeting  the  apportionment  which  has  been  made  to  the 
State  of  Illinois  in  accordance  with  the  provisions  of  the  Federal  Aid 
Eoad  Act  to  be  used  only  in  the  construction  of  such  roads  as  may  be 
agreed  upon  by  the  Department  of  Public  Works  and  Buildings  and 
the  Secretary  of  Agriculture  as  provided  in  the  said  Act,  and  to  be 
known   as  the   Federal   Aid   Eoad   Fund,   the   balance   of   the   amount 
heretofore  appropriated  by  an  Act  of  the  Fiftieth  General  Assembly 
approved   June  27,   1917,   in  force  July   1,   1917,  for   the  purpose   of 
meeting  the  apportionment  which  has  been  made  to  the  State  of  Illi- 
nois under  the  provisions  of  said  Act  of  Congress  and  to  be  used  only 
in  the  construction  of  such  roads  as  may  be  agreed  upon  by  the  De- 
partment of  Public  Works  and  Buildings  and  the  Secretary  of  Agri- 
culture as   provided  in  the   said   Act,   remaining   unexpended   on   the 

first day  of   April,   1919,   amounting   to  the   sum   of 

one  million  one  hundred  seventeen  thousand  two  hundred  fifty-two 
dollars  and  eighty-six  cents  ($1,117,252.86),  or  so  much  of  said  bal-. 
ance  as  may  remain  unexpended  on  July  1,  1919.  The  Department 
of  Public  Works  and  Buildings  is  hereby  authorized  to  use  so  much 
of  the  amount  herein  provided  as  may  be  necessary  for  the  purpose 
of  completing  the  payments  on  any  contract  entered  into  be  [by]  said 
Department  in  conformity  with  said  Federal  Aid  Eoad  Act  prior  to 
July  1,  1919,  and  the  balance  of  the  amount  herein  provided  for  the 
purpose  of  meeting  the  apportionment  which  has  been  made  to  the 
State  of  Illinois  under  said  Act  of  Congress :  Provided,  that  the  sum 
herein  appropriated  shall  be  expended  in  accordance  with  an  Act  of 
the  Illinois  General  Assembly  entitled,  "An  Act  in  relation  to  the  con- 
struction and  maintenance  of  rural  post  roads  under  and  in  accordance 
with  an  Act  of  Congress  entitled,  'An  Act  to  provide  that  the  United 
States  shall  aid  the  states  in  the  construction  of  rural  post  roads,  and 


APPROPRIATIONS.  131 


for  other  purposes/  approved  July  11,  1916,  and  known  as  the  Federal 
Aid  Eoad  Act,"  approved  June  27,  1917,  in  force  July  1,  1917. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  upon  the  State  Treasurer  for  the  sum 
hereby  appropriated,  upon  the  order  of  the  Department  of  Public 
Works  and  Buildings  signed  by  the  Director  of  said  Department  and 
approved  by  the  Director  of  Finance. 

Approved  June  28,  1919. 


RURAL  POST  ROADS. 

§    1.     Appropriates     $12,000,000.00     for        §   2.     How  drawn. 
meeting    Federal    apportionment 
and  how  to  be  expended. 

(House  Bill,  No.  488.     Approved  June  28,  1919.) 

An  Act  making  an  appropriation  from  the  Road  Fund  for  the  pur- 
pose of  meeting  the  apportionment  made  to  the  State  of  Illinois 
under  and  in  accordance  with  an  Act  of  Congress  entitled,  "An  Act 
to  provide  that  the  United  State  shall  aid  the  states  in  the  construc- 
tion of  rural  post  roads  and  for  other  purposes!'  approved  July  11, 
1916,  known  as  the  Federal  Aid  Road  Act,  as  subsequently  amended 
by  an  Act  of  Congress  (II.  R.  1380S)  entitled,  "An  Act  making  ap- 
propriations for  the  service  of  the  post  office  department  for  the 
fiscal  year  ending  June  30,  1920,  and  for  other  purposes/'  said  ap- 
propriation to  be  used  in  the  construction  of  roads  under  and  in  ac- 
cordance with  the  provisions  of  said  Act  of  Congress  of  July  11, 
1916,  and  in  accordance  with  an  Act  of  the  Illinois  General  Assem- 
bly  in  relation  to  rural  post  roads,  approved  June  21,  1911 ,  in  force 
July  1,  1911. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in^  'the  General  Assembly:  That  there  be  and  hereby  is 
appropriated  from  the  Road  Fund  to  the  Department  of  Public  Works 
and  Build ings,  for  the  purpose  of  meeting  the  apportionment  which 
has  been  made  to  the  State  of  Illinois  under  an  Act  of  Congress,  en- 
titled "An  Act  to  provide  that  the  United  States  shall  aid  the  states 
in  the  construction  of  rural  post  roads  and  for  other  purposes,"  ap- 
proved July  11,  1916,  and  known  as  the  Federal  Aid  Eoad  Act,  as 
subsequently  amended  by  an  Act  of  Congress  (H.  E.  13308)  entitled 
"An  Act  making  appropriations  for  the  service  of  the  post  office  de- 
partment for  the  fiscal  year  ending  June  30,  1920,  and  for  other  pur- 
poses," said  appropriation  to  be  used  in  the  construction  of  such  roads 
as  may  be  agreed  upon  by  the  Department  of  Public  Works  and  Build- 
ings and  the  Secretary  of  Agriculture,  as  provided  in  said  Act  of  Con- 
gress of  July  11,  1916,  for  the  year  beginning  July  1,  1919,  and  end- 
ing June  30,  1920,  the  sum  of  twelve  million  dollars  ($12,000,000.00), 
or  so  much  of  such  sum  as  may  be  required :  Provided  that  any  un- 
expended balance  A\rhich  remains  to  the  credit  of  the  Department  of 
Public  Works  and  Buildings  at  the  close  of  the  year  ending  June  30, 
1920,  shall  extend  over  and  be  subject  to  the  order  of  the  Department 
of  Public  Works  and  Buildings  for  the  purpose  of  constructing  Federal 


132  APPROPRIATIONS. 


aid  roads  in  accordance  with  the  provisions  of  said  Act  during  the 
year  beginning  July  1,  1920;  and  also  that  any  unexpended  balance 
which  may  remain  to  the  credit  of  the  Department  of  Public  Works 
and  Buildings  at  the  close  of  the  year  ending  June  30,  1921,  shall  ex- 
tend over  and  be  subject  to  the  order  of  the  Department  of  Public 
Works  and  Buildings  for  the  purpose  of  constructing  Pederal  aid 
roads  in  accordance  with  the  provisions  of  said  Act  during  the  period 
beginning  July  1,  1921,  and  ending  with  the  close  of  the  first  fiscal 
quarter  after  the  adjournment  of  the  Fifty-second  General  Assembly. 
Provided,  also,  that  the  sum  herein  appropriated  shall  be  expended  in 
accordance  with  an  Act  of  the  Illinois  General  Assembly  entitled,  "An 
Act  in  relation  to  the  construction  and  maintenance  of  rural  post 
roads  under  and  in  accordance  with  an  Act  of  Congress  entitled,  'An 
Act  to  provide  that  the  United  States  shall  aid  the  states  in  the  con- 
struction of  rural  post  roads,  and  for  other  purposes/  approved  July 
11,  1916,  and  known  as  the  Federal  Aid  Eoad  Act,"  approved  June 
27,  1917,  in  force  July  1,  1917. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  upon  the  State  Treasurer  for  the  sums 
hereby  appropriated,  upon  the  order  of  the  Department  of  Public 
Works  and  Buildings  signed  by  the  Director  of  said  Department  and 
approved  by  the  Director  of  Finance. 

Approved  June  28,  1919. 


RURAL,  POST  ROADS. 
§    1.     Appropriates   $2,500,000.00.  §   3.     Emergency. 

§    2.     How  drawn. 

(House  Bill   No.    489.     Approved  June   2,    1919.) 

An  Act  making  an  appropriation  from  the  Road  Fund  for  the  purpose 
of  meeting  the  apportionment  made  to  the  State  of  Illinois  under  and 
in  accordance  with  an  Act  of  Congress  entitled,  "An  Act  to  provide 
that  the  United  States  shall  aid  the  states  in  the  construction  of  rural 
post  roads  and  for  other  purposes,"  approved  July  11,  1916,  known  as 
the  Federal  Aid  Road  Act,  as  subsequently  amended  by  an  Act  of 
Congress  (H.  R.  13308)  entitled,  "An  Act  making  appropriations  for 
the  service  of  the  postoffice  department  for  the  fiscal  year  ending  June 
30,  1920,  and  for  other  purposes'' ',  said  appropriation  to  be  used  in  the 
construction  of  roads  under  and  in  accordance  with  the  provisions  of 
said  Act  of  Congress  of  July  11,  1916,  and  in  accordance  with  an  Act 
of  the  Illinois  General  Assembly  in  relation  to  rural  post  roads, 
approved  June  27,  1917,  in  force  July  1,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  hereby  is  ap- 
propriated from  the  Eoad  Fund  to  the  Department  of  Public  Works  and 
Buildings,  for  the  purpose  of  meeting  the  apportionment  which  has  been 
made  to  the  State  of  Illinois  under  an  Act  of  Congress  entitled,  "An  Act 
to  provide  that  the  United  States  shall  aid  the  states  in  the  construction 
of  rural  post  roads,  and  for  other  purposes,"  approved  July  11,  1916, 


Ai'i'iioi'iirATrox.s.  i:;:; 


known  as  the  Federal  Aid  Road  Act,  as  subsequently  amended  by  an 
Act  of  Congress  (H.  E.  13308)  entitled,  "An  Act  making  appropriations 
for  the  service  of  the  postoffice  department  for  the  fiscal  year  ending 
June  30,  1920,  and  for  other  purposes",  said  appropriation  to  be  used 
in  the  construction  of  such  roads  as  may  be  agreed  upon  by  the  Depart- 
ment of  Public  Works  and  Buildings  and  the  Secretary  of  Agriculture, 
as  provided  in  said  Act  of  Congress  of  July  11,  1916,  the  sum  of  two 
million  five  hundred  thousand  dollars-  ($2,500,000),  or  so  much  of 
such  sum  as  may  be  required :  Provided,  that  any  unexpended  balance 
which  remains  to  the  credit  of  the  Department  of  Public  Works  and 
Buildings  on  June  30,  1919,  shall  extend  over  and  be  subject  to  the 
order  of  the  Department  of  Public  Works  and  Buildings  for  the  purpose 
of  completing  the  payments  on  any  contracts  entered  into  by  said  De- 
partment in  conformity  with  said  Federal  Aid  Road  Act  prior  to  July 
1,  1919,  and  for  the  purpose  of  constructing  Federal  Aid  Roads  in 
accordance  with  the  provisions  of  said  Federal  Aid  Road  Act  during  the 
biennium  ending  June  30,  1921  :  Provided,  also,  that  the  sum  herein 
appropriated  shall  be  expended  in  accordance  with  an  Act  of  the  Illinois 
General  Assembly  entitled,  "An  Act  in  relation  to  the  construction  and 
maintenance  of  rural  post  roads  under  and  in  accordance  with  an  Act  of 
Congress  entitled,  'An  Act  to  provide  that  the  United  States  shall  aid 
the  states  in  the  construction  of  rural  post  roads,  and  for  other  pur- 
poses', approved  July  11,  1916,  and  known  as  the  Federal  Aid  Road 
Act",  approved  June  27,  1917,  in  force  July  1,  1917. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  upon  the  State  Treasurer  for  the  sum 
hereby  appropriated,  upon  the  order  of  the  Department  of  Public  Works 
and  Buildings  signed  by  the  Director  of  said  Department  and  approved 
by  the  Director  of  Finance. 

§  3.  Whereas  an  emergency  exists,  therefore  this  Act  shall  be  in 
force  and  effect  after  the  date  of  its  passage  and  approval. 

Approved  June  2.  1919. 


RURAL,  POST  ROADS. 

§    1.      Appropriates      $12,100,000.00      for        §    2.      How   drawn, 
construction      of      Federal      Aid 
Roads. 

(House  Bill  No.   487.     Approved  June   28,   1919.) 

An  Act  making  an  appropriation  of  all  sums  of  money  which  may  have 
accrued  or  may  hereafter  accrue  to  the  State  of  Illinois  under  and  in 
accordance  with  the  provisions  of  an  Act  of  Congress  entitled,  "An 
Act  to  provide  that  the  United  States  shall  aid  the  states  in  the  con- 
struction of  rural  post  roads,  and  for  other  purposes,"  approved  July 
11,  1916,  and  known  as  the  Federal  Aid  Boad  Act,  as  subsequently 
amended  by  an  Act  of  Congress  (II.  R.  13308)  entitled,  "An  Act 
making  appropriations  for  the  service  of  the  postoffice  department  for 
the  fiscal  year  ending  June  30,  19.20.  and  for  other  purposes". 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in   the    General  Assembly:     That  there   be   and  hereby   is 


134  APPROPRIATIONS. 


appropriated  from  the  Federal  Aid  Eoad  Fund  to  the  Department  of 
Public  Works  and  Buildings,  the  sum  of  twelve  million  one  hundred 
thousand  dollars  ($12,100,000)  to  be  paid  out  only  for  the  construction 
of  Federal  aid  roads  in  accordance  with  the  provisions  of  an  Act  of 
Congress,  entitled  "An  Act  to  provide  that  the  United  States  shall  aid 
the  states  in  the  construction  of  rural  post  roads,  and  for  other  pur- 
poses," approved  July  11,  1916,  known  as  the  Federal  Aid  Eoad  Act,  as 
subsequently  amended  by  an  Act  of  Congress  (H.  E.  13308)  entitled, 
"An  Act  making  appropriations  for  the  service  of  the  post  office  depart- 
ment for  the  fiscal  year  ending  June  30,  1920,  and  for  other  purposes", 
being  all  sums  of  money  which  may  have  accrued  or  may  hereafter,  be- 
fore the  first  day  of  July,  A.  D.  1921,  accrue  to  the  State  of  Illinois 
under  the  provisions  of  said  Act  of  July  11,  1916,  as  subsequently 
amended;  and  whenever  any  portion  of  said  money  shall  be  received  by 
the  State  Treasurer  it  shall  immediately  be  placed  to  the  credit  of  a 
fund  to  be  known  as  the  Federal  Aid  Eoad  Fund,  to  be  paid  out. only  for 
the  construction  of  Federal  aid  roads  in  accordance  with  the  provisions 
of  said  Act  upon  order  or  certification  of  the  Department  of  Public 
Works  and  Buildings :  Provided,  that  the  sum  herein  appropriated  shall 
be  expended  in  accordance  with  an  Act  of  the  Illinois  General  Assem- 
bly entitled,  "An  Act  in  relation  to  the  construction  and  maintenance  of 
rural  post  roads  under  and  in  accordance  with  an  Act  of  Congress  en- 
titled, 'An  Act  to  provide  that  the  United  States  shall  aid  the  states  in 
the  construction  of  rural  post  roads,  and  for  other  purposes',  approved 
July  11,  1916,  and  known  as  the  Federal  Aid  Eoad  Act",  approved  June 
27,  1917,  in  force  July  1,  1917. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  upon  the  State  Treasurer  for  the  sum 
hereby  appropriated,  upon  the  order  of  the  Department  of  Public 
Works  and  Buildings  signed  by  the  Director  of  said  Department  and 
approved  by  the  Director  of  Finance. 

Approved  June  28,  1919. 

SALARY/  INVESTIGATION   COMMISSION. 

§   1.     Who    shall   be   members.  §    3.     Duty     of     departments,     etc.,      to 

render  any  assistance  neces- 
§    2.     Commission  to  investigate  and  re-  sary. 

port  plan  for  standardization  of 

salaries.  §   4.     Officers   of  commission. 

§   5.     Appropriates    $15,000.00. 
(House  Bill  No.   739.     Approved  June  21,   1919.) 

An  Act  to  create  a  Salary  Investigation  Commission  and  make  an 
appropriation  therefor. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  a  commission  is  hereby 
created  which  shall  be  known  as  the  Salary  Investigation  Commission. 
The  Salary  Investigation  Commission  shall  be  composed  of  thirteen 
members  as  follows :  Three  members  of  the  House  of  Eepresentatives, 
appointed  by  the  Speaker;  three  members  of  the  Senate  appointed  by 


APPROPRIATIONS.  135 


the  President  of  the  Senate;  the  Lieutenant  Governor;  the  Secretary 
of  State;  the  Auditor  of  Public  Accounts;  the  Attorney  General;  the 
Director  of  Finance;  the  President  of  the  University  of  Illinois;  and 
one  member  of  the  Civil  Service  Commission,  to  be  designated  by  the 
Governor. 

§  2.  The  Salary  Investigation  Commission  shall  investigate  and 
report  to  the  Governor  a  plan  for  the  standardization  of  salaries,  wages, 
fees  and  other  compensation  for  personal  services .  of  all  employes  of 
the  State.  Such  commission  shall,  not  later  than  the  first  day  of 
July,  A.  D.  1920,  make  a  report  of  its  findings  and  conclusions  to  the 
Governor,  and  shall  transmit  a  copy  thereof  to  the  Fifty-second  Gen- 
eral Assembly:  The  existence  of  the  Salary  Investigation  Commission 
shall  cease  upon  the  convening  of  the  next  General  Assembly  of  this 
State. 

§  3.  It  shall  be  the  duty  of  all  departments,  officers,  institution, 
boards  and  commissions,  to  render  to  the  Salary  Investigation  Com- 
mission any  and  all  assistance  that  may  be  required,  and  to  give  such 
commission  such  information,  data,  and  statistics  relative  to  employ- 
ments, salaries  and  wages,  as  such  commission  may  request.  Each 
member  of  the  Salary  Investigation  Commission  shall  have  power  to 
administer  oaths  to  witnesses.  The  Salary  Investigation  Commission 
shall  have  power  to  compel  the  attendance  of  witnesses,  and  the  pro- 
duction of  books,  papers,  documents  and  memoranda  relative  to  any 
matter  under  investigation  or  inquiry,  and  for  that  purpose  shall  have 
power  to  issue  subpoenas.  In  case  any  person  shall  willfully  fail  or 
refuse  to  obey  such  subpoena,  it  shall  be  the  duty  of  the  Circuit  Court 
of  any  county  upon  application  of  such  commission  to  issue  an  attach- 
ment for  such  witness,  and  to  compel  such  witness  to  appear  before 
the  commission  and  give  his  testimony  upon  such  matters  as  shall 
lawfully  be  required  by  such  commission.  The  Circuit  Court  shall 
have  the  power  to  punish  for  contempt  as  in  other  cases  of  refusal 
to  obey  the  process  and  order  of  such  court. 

§  4.  The  Salary  Investigation  Commission  shall  designate  one 
of  its  number  to  be  chairman,  and  shall  have  power  to  appoint  a  secre- 
tary. No  member  of  such  commission  shall  receive  any  compensation 
for  his  services,  but  all  actual  expenses  incurred  by  the  commission  or 
any  member  thereof,  shall  be  a  proper  charge  against  the  appropria- 
tions herein  made. 

§  5.  The  sum  of  fifteen  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  to  defray  the  expenses  of 
such  commission  in  carrying  out  the  provisions  of  this  Act.  The  Audi- 
tor of  Public  Accounts  shall  draw  his  warrant  for  the  sum  herein  ap- 
propriated upon  the  presentation  of  itemized  vouchers  certified  to  as 
correct  by  the  chairman  of  the  commission,  and  approved  by  the  De- 
partment of  Finance. 

Approved  June  21,  1919. 


136  APPROPRIATIONS. 


SEARCH  AND    SEIZURE  LAW — ENFORCEMENT. 
§    1.     Appropriates    $50,000.00.  §   2.     How  drawn. 

(Senate  Bill  No.   52T.     Approved  June  28,   1919.) 

An  Act  making  an  appropriation  to  be  used  in  aiding  in  the  enforce- 
ment of  the  provisions  of  "An  Act  to  restrict  the  manufacture,  pos- 
session and  use  of  intoxicating  liquors  within  prohibition  territory/' 

Section"  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  -General  Assembly:  That  there  be  and  is  hereby 
appropriated  to  the  Attorney  General  of  Illinois  to  be  used  in  aiding 
in  the  enforcement  of  the  provisions  of  "An  Act  to  restrict  the  manu- 
facture, possession  and  use  of  intoxicating  liquor  within  prohibition 
territory,"  the  sum  of  fiftv  thousand  dollars  ($50,000)  per  annum,  or 
so  much  thereof  as  may  be  necessary. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  on  the  State  Treasurer  for  the  above 
amount,  upon  the  presentation  of  proper  vouchers  certified  to  by  the 
Attorney  General  and  the  treasurer  shall  pay  the  same  out  of  any 
money  in  the  State  treasury  not  otherwise  appropriated. 

Approved  June  28,  1919. 


SECRETARY    OF    STATE — DEFICIENCY. 

§    1.     Appropriates    $84,000    for    certain        §   2.     How  drawn, 
purposes. 

§    3.     Emergency. 

(Senate  Bill  No.   20.     Approved  February   7,   1919.) 

An  Act  to  make  an  appropriation  to  the  Secretary  of  State. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the   General  Assembly:     That  the   sum   of   eighty-four 
thousand  dollars   ($84,000.00)  be  and  the  same  is  hereby  appropriated 
to  the  Secretary  of  State. 

Office    expense;    postage $  17,000.00 

Operating  expense;  Automobile  Dept.  supplies   (Plates)...     49,000.00 

Salaries;  Securities  Department 3,000.00 

Landscape ;   improving    State    Capitol   grounds,    and    erect- 
ing   greenhouse 15,000.00 

Total $  84,000.00 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed,  upon  the  presentation  of  proper  vouchers,  to  draw  his  war- 
rants for  the  sum  appropriated,  and  the  State  Treasurer  is  hereby 
authorized  and  directed  to  pay  the  same  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated. 

§  3.     Whereas,   the   moneys   above   appropriated   are   immediately 
required ;  therefore,  an  emergency  exists,  and  this  Act  shall  take  effect 
and  be  in  full  force  from  and  after  its  passage  and  approval. 
Approved  February  7,  1919. 


APPROPRIATIONS.  137 


SECRETARY  OF  STATE — FOR  COURT  OF  CLAIMS. 
§    1.        Appropriates    $2,400.  §    2.     How  drawn. 

§    l]/j.   Defmies   terms   used.  §   3.     Emergency. 

(SnNATE  Bill  No.  111.     Approved  April  16,  1919.) 

An  Act  for  an  appropriation  io  the  Secretary  of  Stale  lo  meet  the  ex- 
pense of  the  Court  of  Claims,  and  by  declaring  an  emergency. 
Section  1.  '  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  $2,400.00  is  here- 
by appropriated  to  the  Secretary  of  State  for  the  Court  of  Claims  for 
the  following  objects  and  purposes: 
For  salaries  and  wages : 

2  docket  clerks   (at  $125  per  month  each) . $    750.00 

2  index  clerks   (at  $110  per  month  each) 660.00 

2  record  clerks   (at  $90  per  month  each) 540.00 

2  clerks   (at  $75  per  month  each) 450.00 

Total $  2,400.00 

§  iy2:  The  term  "Salaries  and  Wages"  as  used  in  this  Act  shall 
mean  and  include  salaries,  wages  and  other  compensation  for  per- 
sonal service. 

The  appropriation  herein  made  shall  be  paid  out  on  monthly  pay- 
rolls, certified  and  approved  by  the  Secretary  of  State :  Provided  that 
in  all  payrolls  the  title  and  salary  of  each  position  shall  be  as  speci- 
fied in  this  Act. 

§  2.  The  Auditor  of  Public  Accounts  is  authorized  to  draw 
warrants  upon  proper  vouchers  for  the  amounts  above  appropriated,  or 
so  much  thereof  as  may  be  necessary,  and  the  treasurer  is  authorized 
and  directed  to  pay  the  same  out  of  any  moneys  in  the  State  treasury 
not  otherwise  appropriated. 

§  3.  Whereas,  the  sums  hereby  appropriated  are  immediately  re- 
quired, therefore  an  emergency  exists  and  this  Act  shall  take  effect 
from  and  after  its  passage  and  approval. 

Approved  April  16,  1919. 


SOUTHERN  ILLINOIS   PENITENTIARY. 
§   1.     Appropriates   $125,000.  §    2.     How  drawn. 

(Senate  Bill  No.    128.     Approved  Mat  20,    1919.) 

An  Act  making  an  appropriation  to  the  Southern  Illinois  Penitentiary. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  .For  the  purpose  of  purchasing, 
installing  additional  new  machinery  and  repairing  the  limestone  grinder 
and  crushes  now  in  use  at  the  Southern  Illinois  Penitentiary  and  to 
enable  the  electrical  operation  of  the  same,  there  is  hereby  appropriated 
the  sum  of  one  hundred  twenty-five  thousand  dollars  ($125,000). 

§  2.  Upon  the  presentation  of  proper  vouchers  certified  to  as  cor- 
rect by  the  Director  of  Public  Works  and  Buildings  and  the  Director  of 
Public  Welfare  and  approved  by  the  Director  of  Finance,  the  Auditor  of 


138  APPROPRIATIONS. 


Public  Accounts  shall  draw  his  warrants  on  the  State  Treasurer  against 
the  sum  hereby  appropriated. 
Appeoved  May  20,  1919.    . 


SPRINGFIELD — LOCAL   IMPROVEMENTS. 
§   1.     Appropriates  $21,584.40.  §   2.     How  drawn. 

(House  Bill  No.  712.     Approved  June   28,   1919.) 

An  Act  making  an  appropriation  to  pay  the  State's  portion  of  assess- 
ments for  local  improvements  in  and  along  certain  streets  in  the  City 
of  Springfield. 

Whereas,  Proceedings  have  been  instituted  by  the  City  of  Spring- 
field to  levy  a  special  assessment  to  pay  the  cost  of  paving  certain  streets 
in  the  City  of  Springfield  upon  which  the  State  House  grounds,  the 
State  Arsenal  grounds  and  the   Supreme   Court  grounds  abut,   and, 

Whereas,  The  city  engineer  of  the  City  of  Springfield  has  esti- 
mated that  the  State's  proportionate  share  of  the  cost  of  said  improve- 
ments is  as  follows : 

"Estimate  of  the  cost  to  be  assessed  to  the  State  of  Illinois  for  the 
construction  of  a  cresoted  wood  block  pavement  in  and  along 
Monroe  Street  from  Spring  Street  to  Second  Street; 
Adams  Street  from  First  Street  to  Second  Street; 
Capitol  Avenue  from  Second  Street  to  the  East  line  of  the  grounds 
of  the  Supreme  Court  Building; 

Second  Street  from  Adams  Street  to  Monroe  Street,  all  in  the  City 
of  Springfield,  Illinois,  including  labor,  material  and  the  lawful  expenses 
attending  the  same,  is  the  sum  of  $21,581.40  itemized  as  follows: 
4800   square   yards   of   cresoted    wood   block   pavement,    in- 
cluding  the    removing    of   the    present    wearing    surface, 
excavating,  grading,  necessary  cresoted  wood  blocks,  sand, 
gravel  and  cement  for  six  inch  concrete  foundation,  sand 
and  cement  one  inch  in  thickness  for  cushion,  asphalt  filler 
for  interstices  between  the  wood  blocks,  bitumen  for  ex- 
pansion joint  and  labor  at  $1.00  per  square  yard $19,200.00 

1300  lineal  feet  of  old  curb  stone  reset,  including  necessary 
excavating,  grading,  removing  curb,  back  filling  and  labor 

at  20c  per  lineal  foot 260.00 

400  lineal  feet  of  new  sand  stone  curb  19  inches  by  5  inches, 
each  inch  not  less  than  six  feet  long  including  necessary 
excavating,    removing    old    curb    grading,    reseting,    back 

filling  and  labor  at  70c  per  lineal  foot 280.00 

For  levying  and  spreading  the  assessment,  inspection  fees, 
and  all  necessary  and  legal  expenses  attending  the  same 
pursuant  to   law ».        1,844.40 

Total    $21,584.40 


APPROPRIATIONS.  139 


I  do  further  certify  that  in  my  opinion  the  said  estimate  does  not 
exceed  the  probable  cost  of  said  improvement  to  the  State  of  Illinois  and 
the  lawful  expenses  attending  the  same. 

Wade  D.  Seeley 
City  Engineer,  City  of  Springfield." 
April  15,  1919. 

And,  Whereas,  The  State  of  Illinois  desires  to  pay  its  propor- 
tionate share  of  the  cost  of  said  improvements  upon  the  completion  and 
acceptance  of  the  same  by  the  City  of  Springfield,  now,  therefore, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  is  hereby  appropri- 
ated to  the  Secretary  of  State  the  sum  of  twenty-one  thousand  five 
hundred  eighty-four  and  forty  one  hundredths  dollars  ($21,584.40)  or 
so  much  thereof  as  may  be  necessary  to  pay  the  State's  proportionate 
share  of  special  assessments  for  local  improvements  to  be  made  by  the 
City  of  Springfield  in,  upon  and  along  certain  streets  upon  which  prop- 
erty of  the  State  abuts,  viz : 

For  constructing  a  cresoted  wood  block  pavement  in  and  along 

Monroe  Street  from  Spring  Street  to  Second  Street; 

Adams  Street  from  First  Street  to  Second  Street; 

Capitol  Avenue  from  Second  Street  to  the  East  line  of  the  grounds 
of  the  Supreme  Court  Building; 

Second  Street  from  Adams  Street  to  Monroe  Street. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  against  the  appropriation  herein  made  in 
favor  of  the  treasurer  of  the  City  of  Springfield,  or  other  office  entitled 
to  receive  the  same,  upon  vouchers  duly  executed  by  the  Secretary  of 
State,  accompanied  by  a  certificate  of  the  Attorney  General  that  the 
amounts  specified  in  said  vouchers  are  legally  due  under  the  laws  of 
the  State,  the  ordinances  of  the  City  of  Springfield  authorizing  said 
improvements,  and  the  legal  proceedings  pursuant  thereto. 

Approved  June  28,  1919. 


STATE  AID  ROADS. 

§    1.     Appropriates    $1,009,425.50,    unex-        §   2.     How  drawn, 
pended    balance. 

(House  Bill  No.   506.     Approved  June  28,  1919.) 

An  Act  mailing  an  appropriation  for  building  State  aid  roads  and  main- 
taining all  roads  for  which  the  State  is  responsible  in  the  several 
counties  of  the  State. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  hereby  is 
appropriated  to  the  Department  of  Public  Works  and  Buildings  for  the 
purpose  of  building  State  aid  roads  and  maintaining  all  roads  for  the 
maintenance  of  which  the  State  is  responsible  in  the  several  counties  of 
the  State,  the  balance  of  the  amount  heretofore  appropriated  by  the 
Fiftieth  General  Assembly  to  the  Department  of  Public  Works  and 
Buildings  for  the  purpose  of  building  and  maintaining  State  aid  roads 


140  APPBOPKIATIONS. 


remaining  unexpended  on  the  first  day  of  April,  1919,  amounting  to  the 
sum  of  one  million  and  nine  thousand  four  hundred  twenty-five  dollars 
and  fifty  cents  ($1,009,425.50),  or  so  much  of  said  balance  as  may 
remain  unexpended  on  July  1,  1919.  The  said  Department  of  Public 
Works  and  Buildings  is  hereby  authorized  to  use  so  much  of  the  amount 
herein  appropriated  as  may  be  necessary  for  the  purpose  of  constructing 
State  aid  roads  in  any  county  of  the  State  which  has  accepted  its  allot- 
ment of  State  aid  funds  and  passed  a  preliminary  resolution  and  which 
resolution  has  been  approved  by  the  Department  of  Public  Works  and 
Buildings  prior  to  July  1,  1919 ;  and  to  use  the  balance  of  the  amount 
herein  appropriated  for  the  building  and  maintaining  of  State  aid  roads 
in  the  several  counties  of  the  State. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  upon  the  State  Treasurer  for  the  sum 
hereby  appropriated,  upon  the  order  of  the  Department  of  Public  Works 
and  Buildings  signed  by  the  Director  of  said  Department  and  approved 
by  the  Director  of  Finance. 

Approved  June  28,  1919. 


STATE  AID  ROADS. 

§    1.      Appropriates  $500,000.00  for  build-        §    2.      How   drawn, 
ing   and   maintenance. 

(House   Bill   No.    486.     Approved  June   28,    1919. 

An  Act  making  an  appropriation  from  the  Road  Fund  for  building  State 
aid  roads  and  maintaining  all  roads  for  ivhich  the  State  is  responsible 
in  the  several  counties  of  the  State. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  hereby  is 
appropriated  from  the  road  fund  to  the  Department  of  Public  Works 
and  Buildings  for  the  purpose  of  building  State  aid  roads  and  main- 
taining all  roads  for  the  maintenance  of  which  the  State  is  responsible 
in  the  several  counties  of  the  State  for  the  year  beginning  July  1,  1919, 
and  ending  June  30,  1920,  the  sum  of  two  hundred  thousand  dollars 
($200,000.00)  and  for  the  year  beginning  July  1,  1920  and  ending  June 
30,  1921,  the  sum  of  three  hundred  thousand  dollars  ($300,000.00),  or 
so  much  of  such  sums  as  may  be  required :  Provided,  that  any  unex- 
pended balance  that  may  remain  to  the  credit  of  the  Department  of 
Public  Works  and  Buildings  at  the  close  of  the  year  ending  June  30, 
1920,  shall  extend  over  and  be  subject  to  the  order  of  the  Department  of 
Public  Works  and  Buildings  for  the  purpose  of  building  and  maintain- 
ing State  aid  roads  in  the  several  counties  of  the  State  during  the  year 
beginning  July  1,  1920;  and  also  that  any  unexpended  balance  which 
may  remain  to  the  credit  of  the  Department  of  Public  Works  and 
Buildings  at  the  close  of  the  year  ending  June  30,  1921,  shall  extend 
over  and  be  subject  to  the  order  of  the  Department  of  Public  Works  and 
Buildings  for  the  purpose  of  building  and  maintaining  State  aid  roads 
in  the  several  counties  of  the  State  during  the  period  beginning  July  1, 


APPROPRIATIONS. 


141 


1921,  and  encliug  with  the  close  of  the  first  fiscal  quarter  after  the 
adjournment  of  the  Fifty  Second  General  Assembly. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  upon  the  State  Treasurer  for  the  sum 
hereby  appropriated,  upon  the  order  of  the  Department  of  Public  Works 
and  Buildings  signed  by  the  Director  of  said  Department  and  approved 
by  the  Director  of  Finance. 

Approved  June  28,  1919. 


STATE    BOARD   OF   AGRICULTURE— ILLINOIS    CENTENNIAL    STATE    FAIR. 

§   1.     Appropriates    $28,907.37,    as    item-        §   2.     How    drawn, 
ized. 

§   3.     Emergency. 

(House  Bill  No.   292.     Filed  May  24,   1919.) 

An  Act  to  make  an  appropriation  to  pay  certain  contractors  and  ma- 
terial men  for  material  and  merchandise  furnished  to  the  Illinois 
State  Board  of  Agriculture  in  connection  with  the  Illinois  Centen- 
nial State  Fair. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  is  hereby 
appropriated  to  the  persons  hereinafter  named  the  amounts  set  opposite 
their  names  respectively,  as  full  compensation  for  the  amounts  due 
them  for  work  done  and  material  and  merchandise  furnished  and  de- 
livered the  Illinois  State  Board  of  Agriculture  in  connection  with 
the  Illinois  Centennial  State  Fair,  towit: 

American  Press  Association, Chicago,  Illinois, $        304.20 

Armbruster  Mfg.   Co.,  E.  H., Springfield,    Illinois,.  .  .        1,460.01 

Bacon,   W.    C, New  Canton,  Illinois,.  .  136.62 

Ball,   T.   E., Springfield,    Illinois, ...  90.88 

British   Bureau   of   Information ...  Boston,   Masachusetts, . .        1,666.11 

Bunn  &   Co.,  John  W., Springfield,    Illinois,...  150.73 

C.  &  A.  Ey.  Co., Chicago,   Illinois, 81.51 

Campbell  Tent,  Awning  &  Mfg.  Co.,. Springfield,    Illinois,.  .  .  58.90 

Carley,  H.  B., Springfield,    Illinois,.  .  .       2,089.16 

Central  Union  Telephone  Co., Springfield,    Illinois,.  .  .  244.23 

Cunningham,  H.  A., Salem,    Illinois, 103.64 

Doan,  G., Springfield,   Illinois, .  . .  308.08 

Dockum,  E.  M., Springfield,    Illinois, .  . .  52.96 

Donovan,  John  J Springfield,    Illinois,.  . .  32T.60 

Dudley,    Ira    M., Springfield,    Illinois,...  707.35 

Frisch,   Jacob, Springfield,    Illinois, .  . .  44.19 

Gravel  Springs  Co., Soringfield,    Illinois,.  .  .  124.40 

Greenduck    Company, Chicago,   Illinois, 891.50 

Gregory,    McCutcheon, Tndianapolis,   Indiana,.  200.00 

Haenig    Electric    Co., Springfield,    Illinois,...  556.40 

Hall,  William   F Boston,     Massachusetts, 

c/o  United  Shoe  Ma- 
chinery Co.,  Albany 
Building,   277.95 


142 


APPROPRIATIONS. 


Harris,  G.  H., 

Horn  Posting  Sign  System,  W.  J., 

Illinois  Printing  Co., 

Illinois  State  Eegister, 

Illinois   State   Journal, 

Ingels,  J., 

Inter-State  Ind.  Tel.  &  Tel.  Co.,.  .  . 

Laird,  Dr.   F.  A., 

Lowery,  William  P., 

McCoy  Laundry  Co., 

Macpherson  &  Edward, 

Maurer  Ice  &  Coal  Co., 

Millington,  H.  L'., 

Pathescope  Co.,  The 

Phillips    Bros., 

Powers,  E.  B., 

Eobinson   Co.,   Henson 

Budin,   Fred   E., 

Sears,  Eoebuck  &  Co., 

Schaf er,  Joe 

Schlitt,  Fred  P., 

Sheehan,   Jas.    D., 

Springfield  Co-operative  Coal  Co.,. 
Springfield  Gas  &  Electric  Co., . .  . 

Springfield  Implement  Co., 

Springfield  News-Eecord, 

Standard  Oil  Co., 

Stout,  Harry  E., 

Strong,   Thos.   E., 

Striffler  Ice  &  Coal  Co., 

St.  Patricks  Church, 

Sudendorf,  E., 


Swift  &  Co., 

Thayer  &  Co.,  J.,. 
Trainor  &  Son,  N., 
Truax,  Chas.,  Inc.,, 
Trumbo,  W.  S., .  . .  . 
Usedom,  Eobt.  Pv.  , 


University  of  Illinois,. 
Fred   E.    Sterling, 


Taylorville,    Illinois, . 

Springfield,    Illinois, . 

Danville,  Illinois,  . . . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Auburn,    Illinois, .... 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Chicago,  Illinois, .... 

Springfield,    Illinois, . 

Ashley,  Illinois, 

Springfield,    Illinois, . 

Springfield,   Illinois, . 

Chicago,  Illinois, .... 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Peoria,    Illinois, 

Snringfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Springfield,    Illinois, . 

Chicago,  Illinois,  c/o 
Chicago  Produce  Co., 
136  W.  Lake  St.,.  .. 

Springfield,    Illinois, .  . 

Springfield,    Illinois,.  . 

Springfield,    Illinois, .  . 

Chicago,   Illinois, 

Springfield,    Illinois,.  . 

Chicago,  Illinois,  4243 
Lincoln  Ave 

Urbana,    Illinois, .  .  . 

Springfield,  Illinois, 
(162  sheep,  advance 
payment)     


370.50 

339.85 

424.85 

635.25 

671.25 

44.00 

35.00 

50.00 

10.50 

87.78 

133.90 

447.57 

40.00 

1,530.11 

1,657.45 

1,448.35 

136.50 

60.50 

28.00 

3,104.76 

397.43 

537.60 

16.91 

2,228.90 

24.74 

225.70 

199.06 

55.95 

424.02 

24.60 

300.00 


271.98 

128.00 

48.58 

53.85 

42.29 

164.00 


42.00 
70.22 


2,525.00 


Total $     28,907.37 

§  2.     The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  in  favor  of  the  ahove  named  parties  for 


APPROPKIATIONS.  143 


the  amounts  set  opposite  their  names  respectively,  payable  out  of  any 
moneys  in  the  State  treasury  not  otherwise  appropriated. 

§  3.  Whereas,  the  appropriation  above  recited  is  necessary  to 
meet  a  deficiency,  inasmuch  as  the  creditors  above  named  are  in  need 
of  their  funds,  therefore,  an  emergency  exists  and  this  Act  shall  be 
in  force  and  effect  from  and  after  its  passage. 

Filed  May  24,  1919. 

This  bill  having  remained  with  the  Governor  ten  days,   Sundays  excepted,  tlic 
General  Assembly  being  in  session,  it  has  thereby  become  a  law. 
Witness  my  hand  this  twenty-fourth  day  of  May,  A.   D.   1919. 

Louis  L.  Emmerson,  Secretary  of  State. 


STATE    CHARITABLE,    PENAL    AND    REFORMATORY    INSTITUTIONS. 

§   1.     Appropriates    $1,610,000.  §   4.     Requisitions — how    drawn. 

§   2.     When     contracts     may     be     made        §    5.     Warrants — how    drawn, 
payable. 

§   6.     Emergency. 
§   3.     Defines  terms  used. 

(House  Bill  No.   109.     Approved  April  19,  1919.) 

An  Act  making  additional  appropriations  for  the  State  charitable,  penal 
and  reformatory  institutions. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  sum  of  one  million  six  hun- 
dred ten  thousand  dollars  ($1,610,000)  is  hereby  appropriated  for  the 
State  charitable,  penal  and  reformatory  institutions  for  the  following 
objects  and  purposes : 

Operating  supplies  and  expenses $  1,610,000 

The  appropriation  herein  made  shall  be  in  addition  to  the  appro- 
priations made  by  the  50th  General  Assembly  for  the  State  charitable, 
penal  and  reformatory  institutions  and  shall  be  apportioned  among  the 
several  State  charitable,  penal  and  reformatory  institutions  as  nearly 
as  possible  in  the  several  amounts  and  for  the  objects  and  purposes  set 
forth  below : 
For  operating  supplies  and  expenses : 

Elgin  State  Hospital $      157,626 

Kankakee  State  Hospital 173,816 

Jacksonville  State  Hospital 41,547 

Anna  State  Hospital 58,492 

Watertown  State  Hospital 91,897 

Peoria  State  Hospital 139,884 

Chicago  State  Hospital 145,424 

Alton  State  Hospital 69,965 

Lincoln  State  School  and  Colony 131,116 

The  Illinois  School  for  the  Blind 103 

The  Illinois  Soldiers'  and  Sailors'  Home 19,653 

The  Illinois  Soldiers'  Widows'  Home 1,764 

The  Illinois  Soldiers'  Orphans'  Home 38,969 

The  Illinois  Charitable  Eye  and  Ear  Infirmary 870 

The  State  Training  School  for  Girls 36,382 

The  St.  Charles  School  for  Boys 99.203 


144  APPROPRIATIONS. 


For  operating  supplies  and  expenses — Concluded. 

Illinois  State  Penitentiary 178,851 

Southern  Illinois  Penitentiary 87,759 

Illinois  State  Reformatory 136,679 

Total    .$  1,610,000 

The  Department  of  Public  Welfare  with  the  written  consent  of  the 
Department  of  Finance,  may  apportion  the  amount  herein  appropriated 
for  the  operating  supplies  and  expenses  of  the  several  State  charitable, 
penal  and  reformatory  institutions  according  to  the  varying  needs  of 
such  institutions,  not  changing,  however,  the  objects  and  purposes  for 
which  such  appropriation  is  made. 

§  2.  Contracts  may  be  made  payable  out  of  the  appropriation 
herein  made  up  to  and  including  June  30,  1919,  and  no  longer,  but 
warrants  may  issue  after  June  30,  1919  and  until  the  expiration  of  the 
first  fiscal  quarter  after  the  adjournment  of  this  (Fifty-first)  General 
Assembly  in  payment  and  discharge  of  such  contracts. 

§  3.  The  term  '"Operating  Supplies  and  Expenses",  as  used  in 
this  Act,  shall  mean  and  include  fuel,  food,  wearing  apparel,  household 
supplies,  plant  and  departmental  supplies,  raw  material,  and  material 
used  in  the  upkeep  of  buildings  and  State  property,  funds  paid  to 
prisoners  discharged  from  the  State  penal  institutions,  commutation 
allowed  to  officers  and  employes  in  lieu  of  maintenance,  and  institu- 
tional operating  expenses. 

§  4.  The  Director  of  Public  Welfare  shall  draw  requisitions  upon 
the  Director  of  Public  Works  and  Buildings  for  operating  supplies  and 
expenses  under  the  appropriation  made  herein,  and  the  Director  of 
Public  Works  and  Buildings  is  authorized  to  incur  obligations  and  make 
contracts  under  the  appropriations  herein,  as  specified  in  sections  49 
and  51  of  the  Civil  Administrative  Code. 

§  5.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  warrants  on  the  State  Treasurer  under  the  appropria- 
tion made  herein,  upon  the  presentation  of  vouchers  certified  to  as 
correct  by  the  Director  of  the  Department  of  Public  Works  and  Build- 
ings, and  the  Director  of  the  Department  of  Public  Welfare,  and  ap^ 
proved  by  the  Director  of  the  Department  of  Finance. 

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

Approved  April  19,  1919. 


APPROPRIATIONS.  145 


STATE   CHARITABLE,   PENAL  AND  REFORMATORY   INSTITUTIONS. 

§    1.     Appropriates    $18,192,433.00.  §    4.     Re-appropriation. 

§   2.     Sums   apportioned.  §   5.     Amounts  may  be  apportioned. 

§   3.     Re-appropriation.  §   6.     Appropriation    subject    to    provis- 

ions of  Act  in  relation  to  State 
finance. 

(Senate  Bill  No.  135.     approved  June  17,  1919.) 

An  Act  making  appropriations  to  the  State  charitable,  penal  and  re- 
formatory institutions. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  There  is  appropriated  to  the 
Department  of  Public  Welfare  payable  from  the  general  revenue  fiyid 
for  the  support,  operation,  maintenance,  permanent  improvement,  and 
expenses  of  the  several  State  charitable,  penal  and  reformatory  institu- 
tions until  the  expiration  of  the  first  fiscal  quarter  after  the  adjourn- 
ment of  the  next  General  Assembly  the  sum  of  $18,192,433.00  in  the 
following  items : 

For  salaries  and  wages $  5,946,550.00 

For  office  expenses 104,422.00 

For  travel 110,726.00 

For  operation 7,349,006.00 

For  working  capital 279,200.00 

For   repairs 1,311,359.00 

For  equipment 173,620.00 

For  permanent  improvements 2,434,550.00 

For  land  405,000.00 

For  contingencies  48,000.00 

For  rent  of  store  and  clerk  hire  therein  for  Industrial 

Home  for  Blind 30,000.00 

§  2.  The  amounts  herein  appropriated  in  the  several  items  set 
forth  in  section  1  of  this  Act  shall  be  apportioned  among  the  several 
State  charitable,  penal  and  reformatory  institutions  as  nearly  as  possible 
as  follows : 

To  the  Elgin  State  Hospital  : 

For  salaries  and  wages $  380,360.00 

For  office  expenses 5,600.00 

For  travel 6,000.00 

For  operation 435,328.00 

For  repairs 78,396.00 

For  equipment 5,950.00 

For  permanent  improvements 157,500.00 

For  contingencies 2,000.00 

Total  for  Elgin  State  Hospital 1,071,134.00 


—10  L 


146  APPROPRIATIONS. 


To  the  Kankakee  State  Hospital  : 

For  salaries  and  wages $  587,016.00 

For  office  expenses 8,700.00 

For  travel    11,140.00 

For  operation   767,115.00 

For  repairs   155,958.00 

For  equipment    5,960. 0U 

For  permanent  improvements 30,800.00 

For  contingencies  . 2,000.00 

Total  for  Kankakee  State  Hospital 1,568,689.00 

To  the  Psychopathic  Institute  : 

•    For  salaries  and  wages $  191,792.00 

For  office  expenses 1,450.00 

For  travel    3,000.00 

For  operation    3,800.00 

For  repairs 1,300.00 

For  equipment 2,200.00 

For  contingencies 1,000.00 

Total  for  Psychopathic  Institute 204,542.00 

To  the  Jacksonville  State  Hospital  : 

For  salaries  and  wages, $  375,322.00 

For  office  expenses 5,200.00 

For  travel   6,000.00 

For  operation    406,487.00 

For  repairs 66,488.00 

For  equipment    3,925.00 

For  permanent  improvements 53,000.00 

For  land .  40,000.00 

For  contingencies   2,000.00 

Total  for  Jacksonville  State  Hospital 958,422.00 

To  the  Anna  State  Hospital  : 

For  salaries  and  wages $  367,704.00 

For  office  expenses 5,200.00 

For  travel 5,800.00 

For  operation   399,881.00 

For  repairs   59,592.00 

For  equipment   2,950.00 

For  permanent  improvements 118,000.00 

For  contingencies 2,000.00 

Total  for  Anna  State  Hospital 961,127.00 

To  the  Watertown  State  Hospital  : 

For  salaries  and  wages $  331,678.00 

For  office  expenses 4,000.00 

For  travel 5,680.00 

For  operation   364,858.00 

For  repairs  ■ 55,692.00 


APPROPRIATIONS.  1-47 


To  the  Watertown  State  Hospital — Concluded. 

For  equipment   1,500.00 

For  permanent  improvements 72,500.00 

For  contingencies 2,000.00 

Total  for  Watertown  State  Hospital 837,908.00 

To  the  Peoria  State  Hospital  : 

For  salaries  and  wages $  404,640.00 

For  office  expenses 5,400.00 

For  travel   5,536.00 

For  operation   606,409.00 

For  repairs   92,206.00 

For  equipment    5,400.00 

For  permanent  improvements 9,300.00 

For  contingencies   2,000.00 

Total  for  Peoria  State  Hospital 4,130,891.00 

To  the  Chester  State  Hospital: 

For  salaries  and  wages $  49,290.00 

For  office  expenses 800.00 

For  travel   200.00 

For  operation   40,400.00 

For  repairs    5,552.00 

For  equipment   600.00 

For  permanent  improvements 

For  contingencies  1,000.00 

Total  for  Chester  State  Hospital 97,842.00 

To  the  Chicago  State  Hospital  : 

For  salaries  and  wages $  572,568.00 

For  office  expenses 9,400.00 

For  travel   6,800.00 

For  operation    749,640.00 

For  repairs    159,226.00 

For  equipment    6,500.00 

For  permanent  improvements 126,400.00 

For  contingencies   2,000.00 

Total  for  Chicago  State  Hospital. 1,632,534.00 

To  the  Alton  State  Hospital: 

For  salaries  and  wages: $  162,760.00 

For   office   expenses 3,600.00 

For    travel 3,000.00 

For    operation 333,270.00 

For    repairs 47,888.00 

For    equipment 23,100.00 

For  permanent  improvements 510,600.00 

For    contingencies 2,000.00 

Total  for  Alton  State  Hospital 1,086,218.00 


148  APPROPRIATIONS. 


To  the  Lincoln  State  School  and  Colony  : 

For  salaries  and  wages $  397,352.00 

For    office    expenses 4,400.00 

For    travel 3,000.00 

For    operation 530,047.00 

For    repairs .' 74,678.00 

For    equipment 7,390.00 

For  permanent  improvements 50,000.00 

For    contingencies 2,000.00 

Total  for  Lincoln  State  School  Colony 1,068,867.00 

To  the  Dixon  State  Hospital 
(For  Epileptics)  : 

For  salaries  and  wages $  137,240.00 

For    office    expenses 2,400.00 

For    travel 3,200.00 

For    operation 122,500.00 

For    repairs 38,136.00 

For    equipment 9,940.00 

For  permanent  improvements 294,500.00 

For    contingencies 2,000.00 

Total  for  Dixon  State  Hospital  (For  Epileptics)  609,916.00 

To  the  Dixon  State  Colony 
(For  Feeble-minded)  : 

For  permanent  improvements $  505,000.00 

For    contigencies 2,000.00 

Total    for    Dixon    State    Colony    (For    Feeble- 
minded)    507,000.00 

To  the  Illinois  School  for  the  Deaf  : 

For  salaries  and  wages $  213,448.00 

For    office    expenses 1,200.00 

For    travel 3,100.00 

For   operation 85,614.00 

For    repairs : 34,992.00 

For    equipment 2,300.00 

For    contingencies 2,000.00 

Total  for  Illinois  School  for  Deaf 342,654.00 

To  the  Illinois  School  for  the  Blind: 

For   salaries   and   wages / 128,758.00 

For   office   expenses 2,800.00 

For    travel 3,100.00 

For    operation 55,427.00 

For    repairs 22,938.00 

For    equipment 4,100.00 

For  permanent  improvements 1,000.00 

For    contingencies 1,000.00 

Total  for  Illinois  School  for  Blind 219,123.00 


APPROPRIATIONS.  1  19 


To  the  Illinois  Industrial  Home  eor  the  Blind: 

For  salaries  and  wages $  39,412.00 

For  office   expenses 1,600.00 

For  travel   200.00 

For  operation   33,555.00 

For  working  capital 129,200.00 

For  repairs    10,592.00 

For   equipment 5,200.00 

For  permanent  improvements 1,700.00 

For   contingencies    1,000.00 

For  special  for  rent  of  store  and  clerk  hire  therein.  .  30,000.00 

Total  for  Illinois  Industrial  Home  for  the  Blind  252,459.00 

To  the  Illinois  Soldiers'  and  Sailors'  Home: 

For   salaries   and   wages $  247,448.00 

For   office   expenses 2,500.00 

For  travel   500.00 

For  operation    308,378.00 

For  repairs    54,553.00 

.  For   equipment 6,600.00 

For  permanent  improvements 4,000.00 

For   contingencies    2,000.00 

Total  for  Illinois  Soldiers'  and  Sailors  Home.  .$  625,979.00 

To  the  Soldiers'  Widows'  Home  of  Illinois: 

For   salaries   and  wages $  36,800.00 

For   office    expenses 1,000.00 

For  travel   400.00 

For  operation   31,864.00 

For  repairs 15,740.00 

For  equipment    700.00 

For    contingencies    1,000.00 

Total  for  Soldiers'  Widows'  Home  of  Illinois..  87,504.00 

To  the  Illinois  Soldiers'  Orphans'  Home: 

For   salaries   and   wages $  128,332.00 

For   office   expenses 2,400.00 

For  travel   1,400.00 

For  operation   142,969.00 

For  repairs    35,534.00 

For  equipment    1,400.00 

For  permanent  improvements 92,500.00 

For   contingencies    2,000.00 

Total  for  Illinois  Soldiers'  Orphans'  Home 406,535.00 

To  the  Illinois  Charitable  Eye  and  Ear  Infirmary  : 

For  salaries  and  wages $  103,774.00 

For   office    expenses 2,550.00 

For  travel    10,200.00 

For  operation    71.349.00 

For  repairs    8,486.00 


150  APPROPRIATIONS. 


To  the  Illinois  Charitable  Eye  and  Ear  Infirmary— Concluded. 

For  equipment    30,200.00 . 

For  permanent  improvements 

For   contingencies    1,000.00 

Total  for  Illinois  Charitable  Eye  and  Ear  In- 
firmary      227,559.00 

To  the  State  Training  School  for  Girls  : 

For  salaries  and  wages $  137,672.00 

For   office   expenses 3,200.00 

For  travel   10,220.00 

For  operation   135,586.00 

For  repairs    41,400.00 

For  equipment    11,600.00 

For  permanent  improvements 60,100.00 

For    contingencies    2,000.00 

Total  for  State  Training  School  for  Girls 401,778.00 

To  the  St.  Charles  School  for  Boys  : 

For  salaries  and  wages $  187,588.00 

For   office   expenses 6,000.00 

For  travel   3,200.00 

For    operation 321,689.00 

For  repairs   60,632.00 

For  equipment    14,550.00 

For  permanent  improvements 65,300.00 

For   contingencies    2,000.00 

Total  for  St.  Charles  School  for  Boys 660,959.00 

To  the  Psychopathic  Hospital: 

For  permanent  improvements $  100,000.00 

For  land    225,000.00 

For   contingencies    1,000.00 

Total  for  Psychopathic  Hospital 326,000.00 

To  the  Illinois  State  Farm: 

For   permanent  improvements $  150,000.00 

For  land 100,000.00 

For   contingencies    2,000.00 

Total  for  Illinois  State  Farm 252,000.00 

To  the  Illinois  State  Penitentiary,  Joliet: 

For  salaries  and  wages $  300,180.00 

For   office   expenses 10,600.00 

For    travel 6,550.(J0 

For  operation   590,356.00 

For  working  capital 50,000.00 

For  repairs   75,544.00 

For  equipment    9,345.00 

For  permanent  improvements 13,250.00 

For   contingencies    2,000.00 

Total  for  Illinois  State  Penitentiary 1,057,825.00 


APPROPRIATIONS.  1  5  1 


To  the  Southern  Illinois  Penitentiary: 

For  salaries  and  wages $  226,700.00 

For   office   expenses 7,400.00 

For  travel    6,300.00 

For    operation    $  403,474.00 

For  working  capital 50,000.00 

For  repairs 54,154.00 

For  equipment   10,810.00 

For  permanent  improvements 8,600.00 

For  land    : 40,000.00 

For   contingencies    2,000.00 

Total  for  Southern  Illinois  Penitentiary 809,438.00 

To  the  Illinois  State  Reformatory: 

For  salaries  and  wages $  214,860.00 

For   office   expenses 6,822.00 

For  travel   5,800.00 

For    operation    396,610.00 

For  working  capital 50,000.00 

For  repairs    56,962.00 

For    equipment 1,400.00 

For  permanent  improvements    10,500.00 

For   contingencies    2,000.00 

Total  for  Illinois  State  Reformatory 744,954.00 

To  the  Woman's  Prison: 

For  salaries  and  wages 23,856.00 

For   office    expenses 200.00 

For    travel    400.00 

For  operation    12,400.00 

For  repairs   4,720.00 

For   contingencies    1,000.00 

Total   for  Woman's   Prison 42,576.00 

§  3.  Out  of  the  unexpended  appropriations  made  in  an  Act  en- 
titled, "An  Act  making  appropriations  for  the  State  charitable  institu- 
tions," approved  June  29,  1917,  in  force  July  1,  1017,  to  the  follow- 
ing charitable  institutions  there  is  herebv  re-appropriated  to  such  in- 
stitutions the  following  respective  amounts : 

To  the  Chicago  State  Hospital: 

For  paving  Irving  Park  Boulevard $  12.000.00 

For  new  sewer  outlet 20,000.00 

To  the  Lincoln  State  School  and  Colony: 

For  custodial  cottage  for  delinquent  women $  15,000.00 

For  building  for  infants  and  small  children 30,000.00 

For  building  for  tubercular  patients 19,998.00 


152  APPROPRIATIONS. 


To  the  Industrial  Home  for  the  Blind: 

For  re-wiring  main  building 2,500.00 

To  the  Illinois  Soldiers'  Orphans'  Home: 

For    cottage    20,000.00 

To  the  Illinois  Eye  and  Ear  Infirmary  : 

For  buildings    ' 360,000.00 

§  4.  Out  of  the  unexpended  appropriations  made  in  an  Act  en- 
titled, "An  Act  making  appropriations  for  the  Illinois  State  Peniten- 
tiary, the  Southern  Illinois  Penitentiary,  and  the  Illinois  State  Re- 
formatory," approved  June  29,  1917,  in  force  July  1,  1917,  to  the  Illi- 
nois State  Reformatory  there  is  hereby  reappropriated  to  such  institu- 
tion the  following  respective  amounts: 

For  water  main  and  sewer  connections $         5,520.00 

For  contribution  to  the  cost  of  septic  tank 5,000.00 

§  5.  The  Department  of  Public  Welfare,  with  the  consent  in 
writing  of  the  Department  of  Finance,  may  apDortion  the  amounts 
stated  in  the  several  items  (except  in  the  item  "Permanent  Improve- 
ments"), among  the  several  State  charitable,  penal  and  reformatory 
institutions  according  to  the  varying  needs  of  such  institutions,  not 
changing,  hoAvever,  the  objects  and  purposes  for  which  such  appropria- 
tions are  made. 

§  6.  The  appropriations  herein  made  shall  be  subject  to  all  the 
provisions,    conditions   and   limitations   of   an    Act    entitled,    "An    Act 

in  relation  to   State  finance,"  approved ,   1919,   in 

force  July  1,  1919. 

Approved  June  17,  1919. 


STATE   GOVERNMENT — ORDINARY   AND   CONTINGENT. 

Appropriates   as   follows:  11.     Attorney     General — $789,- 

600. 

1.  Governor. 

12.      Supreme    Court — $104,800. 

2.  Executive     Mansion — total 

1   and   2,    $137,875.  13.     Clerk  of  Supreme  Court — 

$24,592. 

3.  Lieutenant       Governor  — 

$18,000.  14.      Supreme     Court     Reporter 

cq  g4Q 

4.  Secretary    of    State  —  $1,- 

376,560.  15.     Appellate     Court.     First 

District — $64,387. 

5.  Auditor      of      Public      Ac- 

counts— $587,820.  16.     Appellate     Court.      Second 

District— $24,421.58. 

6.  Auditor      of      Public      Ac- 

counts— $12,331,000.  17.     Appellate    Court.    Third 

District — $10,300. 

7.  State       Treasurer     — 

$275,100.  !g.     Appellate     Court.     Fourth 

„    „   ...  District — $14,998. 

8.  Superintendent    of    Public 

Instruction— $101,180.  lg      Fifty.second    General    As- 

9.  Superintendent    of    Public  sembly— $15,000. 

Instruction — $10,000.  „. 

20.  Department    of    Finance — 
10.     Superintendent    of    Public  $69,240.      For   reserve — 

Instruction— $24,240.  $500,000. 


APPROPRIATIONS. 


153 


STATE  GOVERNMENT — ORDINARY  AND 

21.  Tax  Commission — $92, GOO. 

22.  Department     of     Agricul- 

ture, general  office,  $45,- 
940. 

23.  Game  and  Fish — $417,800. 

24.  Foods  and  Dairies — $333,- 

520. 

25.  Plant   Industry — $28,'490. 

26.  Animal     Industry — $137,- 

850. 

27.  Apiary  Inspection — $4,000. 

28.  County    Agricultural    Ad- 

visors— $163,200. 

29.  Dairy   Extension — $30,000. 

30.  State  Aid  County  Fairs — 

$220,000. 

31.  Department     of     Labor. 

general      office — $29,000. 

32.  Chicago   Free  Emplovment 

Office — $170,750. 

33.  East    St.    Louis   Free   Em- 

ployment    Office  —  $14,- 
720. 

34.  Rock    Island-Moline    Free 

Employment    Office   — 
$14,120. 

35.  Peoria    Free    Employment 

Office — $15,120. 

36.  Rockford     Free     Employ- 

ment Office — $14,306. 

37.  Springfield    Free    Employ- 

ment Office,   $14,720. 

38.  Additional    Free    Employ-. 

ment    Offices — $99,200. 

39.  General     Advisory     Board 

Illinois     Free     Employ- 
ment Offices — $8,700. 

40.  Chief      Inspector      Private 

Employment  Agencies — 
$35,600. 

41.  Factory  Inspection — $200,- 

560. 

42.  Industrial    Commission  — 

$305,280. 

43.  Department  of  Mines  and 

Minerals — $204,055. 

44.  Department     of    Public 

Works     and     Buildings, 
•general  office — $34,300. 

45.  Waterways  —  $381,142.28. 

46.  Highways— $187,780. 

47.  Engineering — $59,385. 

48.  Architecture — $71,360. 


CONTINGENT— -Continued. 

49.  Parks — $3,100. 

50.  Lincoln    Homestead   — 85,- 

020. 

51.  Lincoln     Monument — $12.- 

510. 

52.  Fort    Massac    Park — $2,- 

770. 

53.  Old    Salem    State    Park  — 

$30,000. 

54.  Erection      of     marker     at 

Fort    Creve    Couer — $1,- 
500. 

55.  Starved  Rock  Park — $43,- 

000. 

56.  Douglas    Monument    Park 

—$17,400. 

57.  Purchases    and    supplies — 

$65,060. 


58. 
59. 

60. 

61. 

62. 

63. 

64. 
65. 
66. 
67. 
68. 


Printing — $59,400. 

Printing  for  Fifty-second 
General  Assembly — 
$165,000. 

Printing  for  officers — de- 
partments, etc — $816,- 
260. 

Purchase  of  old  State 
House  square,  Vandalia 
— $60,000. 

Assistance  in  preparing  a 
Housing  Code.  Building 
Code  and  Zoning  Code 
for  Fiftv  -  second  Gen- 
eral   Assembly — $10,000. 

Department  of  Public 
Welfare  general  office 
— $133,350. 

Working  capital — $1,000.- 
000. 

Visitation  and  instruction 
of   adult   blind — $21,410. 


of      children — 


Visitation 
$60,200. 


Welfare     commissioners- 
$24,100. 


Pardons      and 
$194,720. 


Paroles — 


68  '/2. Investigating  conditions 
for  rehabitating  physic- 
allv  handicapped  per- 
sons— $10,000. 

69.  Department        of       Public 

Health — $625,910. 

70.  Department  of  Trade  and 

Commerce.       general 
office — $60,940. 

71.  Insurance — $166,520. 


154 


Appropriation^. 


STATE  GOVERNMENT— ORDINARY  AND  CONTINGENT — Continued 

72, 


73. 

74. 

75. 
76. 

77. 
78. 
79. 

80. 

81. 
82. 

83. 

84. 

85. 

86. 

87. 
88. 
89. 

90. 
91. 

92. 

93. 

94. 

95. 

96. 


Chicago  Grain  Inspection 
— $544,160. 

East  St.  Louis  Grain  In- 
spection— $66,340. 

Fire  Prevention — $195,- 
660. 

Public    Utilities — $675,140. 

Department  of  Registra- 
tion and  Education, 
general   office — $26  640. 

Registration — $178,680. 

State   Museum — $26,500. 

Natural  History  Survey — 
$70,495. 


Geological    Survey- 
N    004. 


-$137, 


Water    Survey — $71,000. 

Immigrants'       Commission 
— $15,000. 

Adiutant  General,   general 
office — $87,050. 

Illinois      National      Guard 
and      Naval     Reserve — • 

$884,874. 


Soldiers' 
service 
000. 


and        Sailors' 
records  —  $17,- 


Locating,  recording  and 
reporting  burial  places 
of  soldiers  and  sailors — 
$10,000. 

Civil  Service  Commission 
— $66,890. 

Legislative  Reference 
Bureau — $93,750. 

State  Historical  Society — 
$61,740. 

State   Library— $34,450. 

Librarv  Extension  Com- 
mission— $25,350. 

Uniform  Laws  Commis- 
sion— $2,300. 

Vocational  Education  — 
$400,439.97. 

Centennial  Memorial 
Building — $900  000. 

Deaf,  blind  and  delinquent 
children — $389,560. 

Department  of  Finance. 
Industrial  Commission 
awards  to  iniured  State 
employes — $25,000. 


97.  Secretary     of     State,     re- 

pairs, etc..  at  Capitol 
Building — $80  000. 

98.  Paving    in    front    of    State 

Normal  School  grounds 
at  Charlesto  n — $4,- 
553.05. 

99.  Claims,    Manufacturers' 

Office  Equipment  Com- 
pany— $462. 

100.  Claimants,    account    State 

Board  of  Examiners  of 
Architects — $726.40. 

101.  James       L.       O'Connor, 

amount  advanced  ac- 
count Charitable  Eye 
and  Ear  Infirmary — 
$467.84. 

102.  Daily    and    O'Brien,     bal- 

ance due  on  water  dis- 
tribution system  con- 
tract, Dixon  State 
Colony,   $5,260.56. 

103.  Anthony    J.    Kochly,    bal- 

ance services,  Board  of 
Examiners  of  Horse- 
shoers — $70. 

104.  Godfrey  A.    Schroeder,  re- 

fund money  expended 
as  private  Illinois 
National  Guard — $37.50. 

105.  Edward    E.    Allen,    refund 

corporation     fees — $120. 

106.  Joseph   J.    Kroupa,    refund 

corporation       fees — $65. 

107.  Matthias       Aller,       refund 

corporation     fees — $195. 

108.  Richard     J.     Murphy,     re- 

fund corporation  fees — 
$295. 

109.  J.      D.      Fagan,      services 

during  foot  and  mouth 
quarantine — $  59.50. 

110.  Secretary    of    State,    pur- 

chase painting  fourth 
Lincoln-Douglas  debate 
— $1,500. 

111.  National     Implement     Ve- 

hicle Show,  State  aid  to 
county    fairs — $3,733.15. 

112.  William    F.    Downs,    San- 

gamon County  Circuit 
Court    decree — $1,190. 

113.  Arthur    Young    and    Com- 

pany, services,  etc.,  re- 
port of  Pension  Laws 
Commission — $1,100. 

114.  Mrs.    J.    L.     Pearson,    in- 

juries and  death  of 
husband,  a  State  em- 
ploye— $3,500. 


APPROPRIATIONS.         •  155 


STATE  GOVERNMENT — ORDINARY  AND  CONTINGENT — Concluded. 

§   2.     Re-appropriates    as    follows:  §   3.     Subject   to   certain  provisions. 

Armory,  Kankakee,  $75,000. 

Armory,   Peoria,   $32,800. 

Plans,  etc.,  Centennial  Memorial 
Building,    $85,000. 

Port  Chartres  Park,   $12,250. 

Vicksburg  Military  Statue  Com- 
mission,  $4,340.31. 

(House  Bill  No.  754.     Approved  June  30,   1919.) 

J.N  Act  to  provide  for  the  ordinary  and  contingent   expenses  of  the 

State  government  until  the  expiration  of  the  first  fiscal  quarter  after 

the  adjournment  of  the  next  regular  session  of  the  General  Assembly: 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  the  following  named  sums, 

or  so  much  thereof  as  may  be  necessary,  respectively,  for  the  purposes 

hereinafter  named,  be,  and  are  hereby  appropriated  to  meet  the  ordinary 

and  contingent  expenses  of  the  State  government  until  the  expiration 

of  the  first  fiscal  quarter  after  the  adjournment  of  the  next  regular 

session  of  the  General  Assembly : 

Governor. 

(1)  To  the  Governor: 

For  salaries   and  wages $  31,600.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1  Secretary   $  5,000  per  annum 

1  Stenographer  and  assistant  sec- 
retary    $  3,000  per  annum 

1   Clerk    $  1,200  per  annum 

1    Clerk    $  2,000  per  annum 

1   Clerk    $  1,500  per  annum 

1   Messenger    $  1,300  per  annum 

1   Clerk    $  1,200  per  annum 

For  extra  help $      600  per  annum 

For   office   expenses $  10,000.00 

For    travel $     8,000.00 

For  equipment    $     1,000.00 

For  repairs $     1,500.00 

For   contingencies    $  40,000.00 

Executive  Mansion. 

(2)  To  the  Governor  for  the  Executive  Mansion: 

For  salaries  and  wages $  17.000.00 

For  operation   $  20,000.00 

For    repairs $     8,775.00 

(Total  for  Governor  and  Executive  Mansion,  $137,875.00.) 


156  *  APPROPRIATIONS. 


Lieutenant  Governor. 

(3)  To  the  Lieutenant  Governor: 

For  private  secretary  and  other  employes,  postage,  express- 
age,  telephoning,  telegraphing,  traveling  expenses  and 
other  expenses  connected  with  his  office $  18,000.00 

Secretary  of  State. 

(4)  To  the  Secretary  of  State: 

For  salaries  and  wages $059,360.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

General  Office. 

1  Chief  clerk $  6,000  per  annum 

1  Assistant  chief  clerk $  3,000  per  annum 

1    Clerk    $  1,500  per  annum 

1   Clerk    $  2,000  per  annum 

1  Private  secretary $  2,400  per  annum 

1  Private  stenographer  and  clerk. $  1,500  per  annum 

Corporation  Department. 

1   Clerk    $  4,500  per  annum 

1  Clerk $  3,000  per  annum 

2  Clerks  at  $2,400  each $  4,800  per  annum 

4  Clerks  at  $2,100  each $  8,400  per  annum 

6  Clerks  at  $1,800  each $10,800  per  annum 

2  Clerks  at  $1,500  each $  3,000  per  annum 

2  Clerks  at  $1,200  each $  2,400  per  annum 

11   Stenographers  at  $1,200  each.  .$13,200  per  annum 

Executive  Department. 

1   Clerk    $  2,700  per  annum 

1   Clerk    $  1,500  per  annum 

1   Stenographer    $  1,200  per  annum 

Index  Department. 

1    Clerk $  2,700  per  annum 

1   Clerk $  2,100  per  annum 

6  Clerks  at  $1,800  each $10,800  per  annum 

1   Clerk    $  1,500  per  annum 

1    Clerk  ' $  1,080  per  annum 

1    Stenographer    .$  1,200  per  annum 

Shipping  Department 

1   Clerk    . $  3,000  per  annum 

1   Clerk    $  2,100  per  annum 

1   Clerk  at  $2,100 .$  2,100  per  annum 

1   Clerk  at  $1,800 $  1,800  per  annum 

4  Clerks  at  $1,200  each $  4,800  per  annum 

1    Stenographer •  •$  1,200  per  annum 


APPROPRIATIONS.  157 


Supply  Department. 

1    Clerk    $  2,700  per  annum 

1    Clerk    $  2,100  per  annum 

1    Clerk    $  1,200  per  annum 

1    Clerk    $  1,200  per  annum 

Automobile  Department. 

1    Clerk ' .  : $  3,000  per  annum 

1    Clerk    $  2,400  per  annum 

1   Clerk    $  2,100  per  annum 

8  -Clerks  at  $1,800  each $14,400  per  annum 

1  Traveling    automobile    clerk    at 

$1,800    $  1,800  per  annum 

2  Clerks  at  $1,600  each $  3,200  per  annum 

10  Clerks  at  $1,500  each $15,000  per  annum 

1   Clerk    $  1,320  per  annum 

7  Clerks  at  $1,200  each $  8,400  per  annum 

11  Stenographers  at  $1,200  each.  .$13,200  per  annum 

Automobile  Department  (Chicago  Office). 

1  Clerk    $  3,000  per  annum 

2  Clerks  at  $2,400  each $  4,800  per  annum 

2  Clerks  at  $1,500  each $  3,000  per  annum 

2   Stenographers  at  $1,200  each.  .$  2,400  per  annum 

Securities  Department. 

1    Clerk    $  6,000  per  annum 

1   Clerk    $  3,600  per  annum 

1   Clerk    $  3,000  per  annum 

1  Clerk    $  2,100  per  annum 

2  Clerks  at  $2,000  each $  4,000  per  annum 

1   Clerk    $  1,500  per  annum 

1    Clerk    $  1,200  per  annum 

3  Stenographer  at  $1,200  each...$  3,600  per  annum 

Court  of  Claims. 
1   Clerk    $  2,100  per  annum 

State  House  and  Power  Plant. 

1  Superintendent    of    Capitol 

Building  and   Grounds $  2,500  per  annum 

2  Assistant     Superintendents     of 
Capitol   Building   and    Grounds 

at  $1,800  each $  3,600  per  annum 

4  Window  washers  at  $1,000  each$  4,000  per  annum 

1   Coal  Weigher $  1,200  per  annum 

6  Policemen  at  $1,000  each $  6,000  per  annum 

1    Carpenter    $  1,500  per  annum 

1    Carpenter    $  1,380  per  annum 

1    Electrician    $  1,800  per  annum 

1    Electrician    $  1,500  per  annum 


158  APPROPRIATIONS. 


10   Elevator    operators    at    $1,000 

each    $10,000  per  annum 

1    Chief   Engineer $  3,600  per  annum 

5   Engineers  at   $1,500   each $  7,500  per  annum 

9  Firemen  at  $1,200  each $10,800  per  annum 

28  Janitors  at  $1,000  each $28,000  per  annum 

1  Janitress    $      900  per  annum 

1  Plumber  and  steam  fitter $  1,500  per  annum 

2  Ushers  at  $1,200  each $  2,400  per  annum 

For  extra  help :   Office $20,000  per  annum 

For  extra  help  :  Plant $      700  per  annum  , 

For    extra    janitors $  2,200  per  annum 

For   office   expenses $151,500.00 

For  travel $  20,000.00 

For  operation   $397,700.00 

For  repairs   $  13,000.00 

For  equipment    $  22,200.00 

For  permanent  improvements $     5,400.00 

For    contingencies    $  10,400.00 

For  editing  Blue  Book $     2,000.00 

For  telephone   exchange $  23,000.00 

For  clearing  corporation  records $  10,000.00 

For  refund  of  corporation  fees  where  the  organization  of 
a  corporation  or  corporations  is  not  complete  under 
license  issued,  or  where  the  license  to  sell  securities  under 
any  Act  regulating  the  sale  of  such  securities  has  not 
issued  and  the  fee  paid  for  the  issuance  of  such  license 
has  heretofore  or  hereafter  been  turned  into  the  State 
treasury  the  sum  of  $6500  for  the  first  year  and  the 

sum  of  $5000  for  the  second  year '. $  11,500.00 

For  premiums  on  surety  bonds  for  code  officers $     6,000.00 

For  painting  and  repairing  outside  wood  work  and  metal 

work  on  State  Capitol  building $     3,500.00 

Por  repairing  dome  of  Capitol  building $     6,000.00 

For  replacing  elevators  in  Capitol  building $  15,000.00 

For  fire  escapes $  20,000.00 

(Total  for  Secretary  of  State,  $1,376,560.00.) 

Auditor  of  Public  Accounts. 

(5)     To  the  Auditor  of  Public  Accounts: 

For  salaries  and  wages $480,120.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

General  Office. 

1   Head  clerk    $  6,000  per  annum 

1  Private  secretary    $  2,500  per  annum 

1  Chief  warrant  clerk $  3,000  per  annum 

1  Assistant  chief  warrant  clerk. .  .  $  2,400  per  annum 


APPROPRIATIONS. 


159 


1  Second  assistant  warrant  clerk. $  2,000 
7  Warrant  clerks  at  $1,800  each.  .$12,600 

1  Bookkeeper  and  clerk $  2,400 

1  Assistant  bookkeeper  and  clerk.  .$  1,500 

1  Revenue  clerk   $  2,400 

1  Assistant  revenue  clerk $  1,500 

1  Land  clerk   $  2,400 

1  Journal  clerk    $  2,400 

1  Assistant  journal  clerk $  2,100 

1  File  and  index  clerk $  1,800 

1  Stenographer  and  clerk $  1,800 

1  Stenographer  and  clerk $  1,500 

1  Messenger  and  clerk $  1,200 

2  Clerks  @  $1,200  each $  2,400 

For  extra  clerk  hire $10,000 

For  examination  of  books  and  accounts 

of  State  departments $20,000 

For  compiling  inventory  of  State  prop- 
erty     $  2,000 

For  expense  of  collecting  principal  and 

interest  on  registered  bonds $  2,000 

Banking  Department. 

1  Chief  clerk $  6,000 

2  Clerks  at  $1,800  each $  3,600 

1  Clerk  $  1,500 

1  Stenographer  and  clerk  (Chicago 

office)     $  1,500 

1  Stenographer*  (Chicago  office).. $  1,260 

2  Bank  examiners  at  $5,000  each 
(Chicago  office)    $10,000 

1  Bank  examiner   (Chicago  office) $  4,000 

2  Bank  examiners  at  $3,600  each 
(Chicago  office)    $  7,200 

1  Bank  examiner   (Chicago  office) $  3,600 

1  Assistant  bank   examiner    (Chi- 
cago office)    $  3,000 

2  Assistant    bank    examiners    at 
$2,500  each   (Chicago  office)... $  5,000 

1   Assistant  bank   examiner    (Chi- 
cago office)    $  2,400 

1  Filing  and  statistical  clerk  (Chi- 
cago office)  $  2,000 

1  Stenographer  and  clerk $  1,500 

1  Stenographer $  1,500 

1  Stenographer  and  clerk $  1,500 

1  Stenographer  and  clerk $  1,200 

1  Clerk  and  messenger $  1,200 

2  Stenographers  at  $1,000  each.  .  .$  2,000 
1  Chief  "bank  examiner $  5,000 


per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

per 

annum 

160  APPROPRIATIONS. 


4  Bank  examiners  at  $4,000  each 

(country)     $16,000  per  annum 

3  Bank  examiners  at  $3,600  each 

(country) .$10,800  per  annum 

3    Assistant     bank     examiners     at 

$3,000  each   $  9,000  per  annum 

5  Assistant     bank     examiners     at 

$2,400  each   $12,000  per  annum 

1  Security  clerk   $  2,500  per  annum 

For  extra  bank  examiners $10,000  per  annum 

Building  and  Loan  Department. 

1  Chief  clerk $  4,000  per  annum 

1  Clerk   $  2,700  per  annum 

1  Clerk $  2,500  per  annum 

2  Examiners  at  $3,000  each $  6,000  per  annum 

1  Examiner $  3,000  per  annum 

2  Assistant    examiners    at    $2,400 

each    $  4,800  per  annum 

1  Assistant  examiner $  2,400  per  annum 

1  Assistant  examiner   $  2,000  per  annum 

1  Stenographer  and  clerk $   1,500  per  annum  ' 

For  office  expenses $  31,200.00 

For  traveling  expenses $  70,000.00 

For  equipment    $     2,500.00 

For  contingencies    $     4,000.00 

(Total  for  the  Auditor  of  Public  Accounts  ($587,820.00.) 
(6)      To  the  Auditor  of  Public  Accounts: 
For  conveying  to  penitentiaries : 

For  conveying  convicts  to  the  penitentiary  and  to  and 
from  the  penitentiary  in  cases  of  new  trials  or  when 
used  as  witnesses  in  cases,  to  be  paid  by  the  Auditor  in 
the  manner  now  provided  by  law :  Provided,  that  when 
more  than  one  person  is  convicted  at  the  same  term 
of  court  and  is  committed  to  the  penitentiary,  the 
sheriff  shall  receive  fees  at  the  rate  of  twenty-five  cents 
for  each  and  every  mile  necessarily  traveled  in  going 
to  the  penitentiary  from  the  place  of  conviction  for 
the  first  convict  so  conveyed ;  fifteen  cents  per  mile  for 
the  second  convict  so  conveyed;  ten  cents  per  mile  for 
each  of  the  residue,  and  the  Auditor  of  Public  Ac- 
counts shall  refuse  payment  to  any  sheriff  who  shall 

fail  to  comply  with  this  provision $  25,000.00 

For  conveying  to  reformatory: 

For  conveying  offenders  to  the  Illinois  State  Eeforma- 
tory  at  Pontiac,  and  to  and  from  the  Eeformatory  in 
cases  of  new  trials,  or  when  used  as  witnesses  in 
cases,  such  payments  in  each  case  to  be  ascertained 
and  paid  in  the  same  manner  as  required  by  law  for 
the  conveying  of  prisoners  to  the  penitentiary $  25,000.00 


APPROPRIATIONS.  161 


For  conveying  delinquent  boys  to  the  St.  Charles  School 
for  Boys: 
For  conveying  delinquent  boys  to  the  St.  Charles  School 
i'or  Boys  and  to  and  from  the  St.  Charles  School  for 
Boys  in  cases  of  new  trials  or  when  used  as  witnesses 
in  cases,  such  payments  in  each  case  to  be  ascertained 
and  paid  in  the  same  manner  as  required  by  law  for 

the  conveying  of  prisoners  to  the  penitentiary $  25,000.00 

For  conveying  female  offenders  to  the  State  Training 
School  for  Girls : 
For  conveying  female  offenders  to  the  State  Training 
School  for  Girls  and  to  and  from  the  State  Training 
School  for  Girls  in  cases  of  new  trials  or  when  used 
as  witnesses  in  cases,  such  payments  in  each  case  to 
be  ascertained  and  paid  in  the  same  manner  as  re- 
quired by  law  for  the  conveying  of  prisoners  to  the 

penitentiary    $12,000.00 

For  apprehension  and  delivery  of  fugitives  from  justice : 

For  the  payment  of  expenses  provided  by  law  for  the 

apprehension  and  delivery  of  fugitives   from   justice. 

to  be  paid  on  bills  certified  to  and  approved  by  the 

Governor    $  40,000.00 

For  reward  for  arrests  of  fugitives : 

For  the  payment  of  rewards  for  arrests  of  fugitives 
from  justice  to  be  paid  on  bills  of  particulars  having 

the  approval  of  the  Governor  endorsed  thereon $     4,000.00 

For  transfer  of  insane  criminals : 

For  the  payment  of  the  expenses  of  the  transfer  of  any 
insane  person  or  persons  to  the  Illinois  Asylum  for 
Insane  Criminals,  either  from  any  of  the  other  State 
institutions  or  upon  the  order  or  mittimus  of  any  of 

the  several  State  courts $     2.000.00 

For  interest  on  school  fund : 

For  the  payment  of  the  interest  on  the  school  fund,  dis- 
tributed annually  in  pursuance  of  law;  said  amount  to 

be  payable  from  the  State  Bevenue  Fund $114,000.00 

For  refund  of  taxes  (School  Fund)  : 

For  the  refund  of  taxes  paid  in  excess  out  of  the  Com- 
mon School  Fund $        500.00 

For  refund  of  taxes   (TJniversitv  of  Illinois  Fund)  : 
For  the  refund  of  taxes  paid  in  excess  out  of  the  Uni- 
versity of  Illinois  Fund ■>. .  .  : $        500.00 

For  refund  of  taxes   (General  Bevenue  Fund)  : 

For  the  refund  of  taxes  paid  in  excess  out  of  the  General 

Bevenue  Fund    $     1.500.00 

For  refund  of  Inheritance  Taxes: 

For  the  refund  of  inheritance  taxes  paid  in  excess  out 

of  the  Bevenue  fund $  20.000.00 

—11  L 


162  APPROPRIATIONS. 


For  State  Siiool  Fund: 

For  the  payment  of  the  amount  of  the  Auditor's  orders 
for  the  distribution  of  the  State  School  Fund  to  the 
several  counties,  and  for  the  payment  of  the  salaries 
and  expenses  of  county  superintendents  of  schools  as 
now  provided  by  law,  and  for  the  amount  to  be  paid 
into  the  Illinois  State  Teachers'  Pension  and  Eetire- 
ment  Fund,  and  Teachers'  Pension  and  Eetirement 
Fund  in  districts  of  10,000  to  100,000  inhabitants 
which  are  governed  by  special  Acts,  as  provided  by 
law $12,000,000.00 

For  State  Institutions  Teachers'  Pension  and  Eetirement 
Fund: 
For  the  use  of  the  State  Institutions  Teachers'  Pension 
and   Eetirement    Fund    the   sum   of   $10,000    for   the 
biennium  ending  June  30,  1921 $  10,000.00 

For  mileage  of  Presidential  Electors: 

To  the  Auditor  of  Public  Accounts  for  the  payment  of 
mileage  of  electors  of  the  President  and  Vice  President 

of  the  United  States,  as  provided  by  law $     1,500.00 

For  pensions  of  Judges  who,  on  retirement  from  service, 
as  provided  by  law,  are  entitled  to  pensions  payable 

out  of  the  State  treasury $  50,000.00 

(Total  to  the  Auditor  of  Public  Accounts  for  the  above  purposes, 

$12,331,000.00.) 

State  Treasurer. 

(7)     To  the  State  Treasurer: 

For  salaries  and  wages $239,200.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates   herein   specified : 

1  Assistant  Treasurer  and  clerk.  .$  6,000  per  annum 

1   Chief  clerk $  4,000  per  annum 

1    Fiscal    clerk $  2,500  per  annum 

1   Paying  teller  and   clerk $  3,000  per  annum 

1    Assistant     paying     teller     and 

clerk $  2,100  per  annum 

1    Appropriation    clerk $  2,500  per  annum 

1   Assistant   appropriation   clerk.  .$  1,800  per  annum 

1  Eecord  clerk $  1,800  per  annum 

1   Clerk  and  bookkeeper $  2,400  per  annum 

3  Warrant  clerks  at  $1,800  each.  .$  5,400  per  annum 

1    Clerk    $  1,800  per  annum 

1   Clerk  and   stenographer $  1,500  per  annum 

1  Clerk  and  Stenographer $-1,500  per  annum 

9  Guards  at  $1,200  each $10,800  per  annum 

For  extra  clerk  hire $  3,000  per  annum 


APPROPRIATIONS.  163 


For  fees  and  expenses  in  examin- 
ing and  investigating  titles  and 
other  contracts  on  loans  made 
for  the  Teachers'   Pension  and 

Eetirement    Fund    $  2,500  per  annum 

For  fees,  clerk  hire  and  expenses 

in  handling  collateral $15,000  per  annum 

For  expert  service,  investigators, 
clerks  and  expenses  in  investi- 
gating and  collecting  Inherit- 
ance taxes    $  50,000  per  annum 

For  receiving  and  disbursing  reg- 
istered   bond    fund    and    State 

road  bond  fund $  2,000  per  annum 

For   office   expenses $  23,200.00 

For  travel    $     3,000.00 

For  repairs    $     1,200.00 

For  equipment    $     2,000.00 

For  re-arranging  room,  vault  and  cages $     5,000.00 

For  tax  refunds $     1,500.00 

(Total  for  State  Treasurer,  $275,100.00.) 

Superintendent  oe  Public  Instruction. 

(8)     To  the  Superintendent  of  Public  Instruction: 

For  salaries  and  wages ,.    $    <  6,180.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1   Supervisor  of  high  schools.... $  4,800  per  annum 

1  Supervisor  of  high  schools $  3,360  per  annum 

3   Assistant     Superintendents     at 

$3,420  each   .$10,260  per  annum 

1   Chief  clerk $  2,616  per  annum 

1  Text  book  clerk.  .  . . '. $  2,400  per  annum 

1  Statistical  clerk $  2,400  per  annum 

1  Statistical  clerk $  2,304  per  annum 

2  Stenographers  at  $1,260  each.  .$  2,520  per  annum 

3  Stenographers  at  $1,200  each.  .$  3,600  per  annum 

1    Messenger - $  1,080  per  annum 

1    Clerk    $  2,000  per  annum 

For  extra  help $      600  per  annum 

For  conducting  teachers'  examina- 
tions for   State  certificate $    ,150  per  annum 

For  office  expenses $  10.000.00 

For  travel $  11,000.00 

For  repairs    $     1,000.00 

For  equipment    $     1,000.00 

For   contingencies    $     2,000.00 

(Total' for  Superintendent  of  Public  Instruction,  $101.1S0.00.) 


164  APPROPRIATIONS. 


(9)  To  the  Superintendent  of  Public  Instruction  for  conducting 
examinations : 

For  compensation  of  deputy  examiners  for  conducting  en- 
trance examinations  to  medical  and  dental  colleges, 
$5,000  per  annum $  10,000.00 

(10)  To  the  Superintendent  of  Public  Instruction  for  State  Ex- 
aming  Board : 

For  salaries  and  wages $  21,240.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1  Secretary   $  3,420  per  annum 

1    Stenographer    $  1,200  per  annum 

For  transient  teachers  to  grade  ex- 
amination papers  (3  State  ex- 
aminations)        $  6,000  per  annum 

For   office   expenses $        310.00 

For  travel    1,600.00 

For  repairs    $  90.00 

For  equipment    $        800.00 

For    contingencies    $        200.00 

(Total  to  Superintendent  of  Public  Instruction  for  State  Exam- 
ining Board,  $24,240.) 

Attorney  General. 

(11)  To  the  Attorney  General: 

For  salaries  and  wages $713,600.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates   herein   specified : 

1  First  Assistant  Attorney  Gen- 
eral     $  7,500.00 

4  Assistant   Attorneys   General   at 

$5,000  each $20,000  per  annum 

2  Assistant  Attorneys   General    at 

$4,500  each   ' $  9,000  per  annum 

3  Assistant  Attorneys   General   at 

$4,000  each   $12,000  per  annum 

1  Assistant    Attorney    General    at 

$3,500    $  3,500  per  annum 

1  Brief  maker $  3,000  per  annum 

1   Inheritance  tax  assistant $  2,800  per  annum 

1  Law  clerk   $  2,200  per  annum 

1  Clerk $  1,800  per  annum 

1  Docket  assistant   $  1,800  per  annum 

1  Private  secretary $  2,500  per  annum 

8  Stenographers  at  $1,200  each.  .  .$  9,600  per  annum 

1  Messenger  and  clerk $  1,300  per  annum 

1  Janitor  and  clerk $  1,200  per  annum 

1  Janitress   $  300  per  annum 


APPROPRIATIONS.  165 


Chicago  Office. 

3  Assistant   Attorneys   General   at 

$1,800  each   $  5,400  per  annum 

1  Clerk $  1,800  per  annum 

3  Assistant  clerks  at  $1,500  each.$  4,500  per  annum 

1  Stenographer $  1,500  per  annum 

3  Stenographers  at  $1,200  each.  .  .$  3,600  per  annum 

1  Telephone  operator $  1,000  per  annum 

For  attorneys  for  the  Department 
of  Finance,  Agriculture,  Labor, 
Mines  and  Minerals,  Public 
Works  and  Buildings,  Public 
Welfare,  Public  Health,  Trade 
and  Commerce,  Eegistration  and 
Education  and  for  the  Public 
Utilities  Commission  for  legal 
work  in  connection  with  the  con- 
struction of  good  roads,  litiga- 
tion in  connection  with  the  deep 
waterway,  enforcement  of  the 
Blue  Sky  Law,  for  the  employ- 
ment of  special  assistants,  special 
attorneys,  investigators,  brief 
writers  and  extra  help  for  court 
costs  in  United  States  Courts  • 
and  State  Courts,  expenses  of 
conducting  investigations,  pre- 
paration and  trial  of  suits  and 
appeals  in  the  United  States 
Courts   and   courts   in   this   and. 

other  states   $145,000  per  annum 

For  employing  special  counsel, 
traffic  experts,  accountants, 
stenographers,  clerks  and  other 
necessary  assistants  in  the  liti- 
gation between  the  State  of  Illi- 
nois, or  the  People  of  the  State 
of  Illinois  and  the  Illinois  Cen- 
tral Railroad  Company,  in  the 
courts  of  this  State  or  in  the 
courts  of  the  United  States,  in- 
cluding court  costs  and  the  pro 
rata  share  of  commissioners'  fees 
now  due,  or  that  may  hereafter 
accrue,  and  for  the  purpose  of 
defraying  the  costs  and  expenses 
of  an  accounting  in  such  litiga- 
tion, and  for  the  hearing  and 
completion  of  such  litigation.  .  .$50,000  per  annum 


166 


APPROPRIATIONS. 


For  costs  and  expenses  in  disbar- 
ment proceedings   $  5,000  per  annum 

For     employment     of     inheritance 
tax    attorneys    outside    of    Cook 

County   $41,500  per  annum 

For  court  reporting $  3,000  per  annum 

For  special  investigations  and  the 
collection  of  the  inheritance  tax 

in  Cook  County $16,000  per  annum 

For  office  expenses $  16,000.00 

For  office  expenses  (Chicago  office) $  29,000.00 

For  travel   $  20,000.00 

For  equipment  (Springfield  office) $     7,000.00 

For  equipment   (Chicago  office) $     4,000.00 

(Total  for  the  Attorney  General,  $789,600.) 


Supreme  Court. 

(12)      To  the  Supreme  Court: 

For  salaries  and  wages $  39,800.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1  Custodian    $  1,000  per  annum 

1  Head  janitor   $  1,200  per  annum 

4  Janitors  at  $1,000  each $  4,000  per  annum 

1  Messenger   '. $  1,200  per  annum 

2  Elevator    conductors    at   $1,000 

each    $  2,000  per  annum 

1  Yard  man $  1,000  per  annum 

1  Watchman   $  1,000  per  annum 

1  Engineer  and  electrician $  1,800  per  annum 

1  Librarian   $  3,000  per  annum 

1  Assistant  Librarian $  1,500  per  annum 

1    Matron    $  1,000  per  annum 

For    stenographic    work $  1,200  per  annum 

For  stationery,  repairs,  mainten- 
ance of  building  and  grounds, 
printing,  furnishing,  expressage, 

telephoning  and  telegraphing.  .$10,000  per  annum  $  20,000.00 
For  buying  books  for  library, 
binding  books,  purchase  of  con- 
tinuation and  renewals  of  re- 
ports, encylopedias,  reporters, 
law  magazines  and  text  books.  .$  5,000  per  annum  $  10.000.00 

For  additional  library  stacks $  15,000.00 

For    rent,    office    expenses,    travel 

and   contingencies    $10,000  per  annum  $  20.000.00 

(Total  for  Supreme  Court,  $104,800.) 


APPROPRIATIONS.  167 


Clerk  Supreme  Court. 

(13)  To  the  Clerk  of  the  Supreme  Court: 

For  salaries  and  wages $  20,660.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1   Chief  clerk $  3,600  per  annum 

1   Clerk    $  2,400  per  annum 

1  Court  reporter  and  stenographer$  1,800  per  annum 

1  Docket  clerk $  1,500  per  annum 

For  janitor  service $      480  per  annum 

For  extra  help $      350  per  annum 

For  fees  $      200  per  annum 

For    office    expenses $     2,982.00 

For  repairs    $        200.00 

For  equipment    $        350.00 

For    contingencies    $        400.00 

(Total  for  the  Clerk  of  the  Supreme  Court,  $24,592.00.) 

Supreme  Court  Reporter. 

(14)  To  the  Supreme  Court  Eeporter: 

For  salaries  and  wages $     1,440.00 

1  Custodian  and  messenger  at  not 

to  exceed   $      720  per  annum 

For  the  expense  of  printing  in  advance  the  opinions  of  the 
Supreme  Court,  and  of  distributing  printed  proof  there- 
of to  the  several  members  of  the  court  and  also  to  the 
Attorney  General  in  such  cases  as  the  State  may  be  in- 
terested, together  with  the  expenses  of  transmitting  such 
proofs  and  the  original  opinions  by  mail,  and  express, 
and  to  make  printers'  corrections  in  said  proofs  after 

final  adoption  $     2.400.00 

(Total  for  the  Supreme  Court  Reporter,  $3,840.00) 

Appellate  Courts. 

(15)  To  the  Appellate  Court  of  the  First  District: 

For  salaries  and  wages $  12,640.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

3  Stenographers  at  $1,500  each.  .  .$  4,500  per  annum 

1    Librarian    $      800  per  annum 

1  Telephone  operator $  1,020  per  annum 

For   office   expenses $  41,947.00 

For  travel  for  judges  assigned  to  said  First  District  from 

other  Appellate  Court  Districts $     3,000.00 

For  repairs    $     1,400.00 

For  equipment    $     5,000.00 

For   contingencies $        400.00 

(Total  for  Appellate  Court  of  the  First  District,  $64,387.00.) 


1(58  APPROPRIATIONS. 


(16)  To  the  Appellate  Court  of  the  Second  District: 

For  salaries  and  wages $     6,360.1 

For  the  following  positions  at  not  to  exceed  the   annual 

rates  herein  specified : 

1    Chief    clerk    and    court    stenog- 
rapher     $  1,500  per  annum 

1  Fireman  and  janitor $  1,080  per  annum 

1    Librarian    $      600  per  annum 

For    office   expenses $     1,900.  J) 

For  travel  for  judges $     3,000. 

For  operation   $     1,950.1) 

For  repairs   $     2^,650 

For  equipment    $     2,025.1) 

For  bookcases,  shelving  and  binding $     5,000. ) 

For   contingencies    $        400.  |) 

For  special  assessment,  city  of  Ottawa — paving  with  in- 
terest to  July  1,   1919 $     1,136. 

(Total  for  Appellate  Court  of  the  Second  District,  $24,421.58.) 

(17)  To  the  Appellate  Court  of  the  Third  District : 

For  salaries  and  wages $     4,800.  \) 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1    Stenographer    $  1,500  per  annum 

1    Janitor    $      900  per  annum 

For   office   expenses $     2,000. 

For  travel  for  judges. $     3,000 

For  equipment $        100. 

For   contingencies    $        400. 

(Total  for  Appellate  Court  of  the  Third  District,  $10,300.00.) 

(18)  To  the  Appellate  Court  of  the  Fourth  District: 

For  salaries  and  wages $     6,600 

For  the  following  positions   at  not  to  exceed  the   annual 
rates  herein  specified : 

1  Librarian   $      600  per  annum 

1  Deputy  clerk  and  stenographer. $  1,500  per  annum 

1  Fireman  and  janitor $  1,200  per  annum 

For  office  expenses $        688  JO 

For  travel  for  judges $     3,000  P 

For  operation   $     1,270 

For  repairs    $     1,630  b 

For  equipment    $     1,410  0 

For  contingencies $        400  P 

(Total  for  Appellate  Court  of  the  Fourth  District,  $14,998.00.) 

General  Assembly. 

(19)  To  the  General  Assembly: 
For  the  expenses  of  committees  of  the  Fifty-second  General 

Assembly,  the  sum  of  $7,500  as  follows :  $5,000  for  the 
expenses  of  committees  of  the  House  of  Eepresentatives, 
and  $2,500  for  the  expenses  of  committees  of  the  Senate  $     7,50010 


APPROPRIATIONS.  109 


For  the  incidental  expenses  of  the  Fifty-second  General 
Assembly,  the  sum  of  $7,500  as  follows :  $5,000  for  the 
incidental  expenses  of  the  House  of  Representatives,  and 

$2,500  for  the  incidental  expenses  of  the  Senate $     7,500.00 

(Total  for  Fifty-second  General  Assembly  $15,000.00.) 

Department  of  Finance. 

(20)     To  the  Department  of  Finance: 

For  salaries  and  wages $  56,840.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

General  Office. 

1  Private  secretary $  2,400  per  annum 

1  Bookkeeper $  1,800  per  annum 

1  Bookkeeper $  1,500  per  annum 

1  Stenographer $  1,200  per  annum 

1  Stenographer  and  file  clerk $  1,500  per  annum 

1  Messenger  $  1,020  per  annum 

For  consulting  accountant  fees...$  2,000  per  annum 

Administrative  Auditor. 
1  Stenographer  and  audit  clerk.  .  .$  1,800  per  annum 
1  Stenographer  and  audit  clerk.  .  .$  1,500  per  annum 
1  Stenographer  and  audit  clerk.  .  .$  1,500  per  annum 
1  Messenger  and  clerk.  . $  1,200  per  annum 

Budget. 

1  Bookkeeper  $  1,800  per  annum 

]  Stenographer $  1,200  per  annum 

Eeports. 

1  Bookkeeper  $  1,800  per  annum 

1  Stenographer   $  1,200  per  annum 

For  extra  help $  5,000  per  annum 

For  office  expenses $     3,400.00 

For  travel   $     4,000.00 

For  repairs    $     1,000.00 

For  equipment   $     2,000.00 

For  contingencies $     2,000.00 

(Total  for  the  Department  of  Finance,  $69,240.00) 

For  reserve   $500,000.00 

To  be  apportioned  between  the  departments  under  the. 
Civil  Administrative  Code  and  the  Illinois  National 
Guard,  Naval  Reserve  and  Reserve  Militia  and 
allotted  from  time  to  time  by  the  Director  of 
Finance  with  the  approval  in  writing  of  the  Gov- 
ernor. 


170  APPROPRIATIONS. 


Department  of  Finance. 

Division  of  Tax  Commission. 

(21)  To  the  Department  of  Finance: 

For  salaries  and  wages $  19,600.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

1  Chief  clerk $  2,400  per  annum 

4  Stenographers  at  $1,200  each.  .  .$  4,800  per  annum 

2  Clerks  at  $1,500  each $  3,000  per  annum 

2  Clerks  at  $1,800  each $  3,600  per  annum 

1  Messenger   $  1,000  per  annum 

For  extra  clerk  hire $10,000  per  annum 

For  office  expenses $  6,000 

For  travel $12,000 

For  equipment  $  5,000 

For  contingencies    $20,000 

(Total   to   the   Department   of   Finance   for  the   Division   of   Tax 
Commission,  $92,600.00.) 

Department  of  Agriculture. 

General  Office. 

(22)  To  the  Department  of  Agriculture: 

For  salaries  and  wages $  27,240.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

1  Private  secretary $  2,400  per  annum 

1  Supt.  of  crop  reports $  3,000  per  annum 

1  Stenographer  and  bookkeeper..  .$  1,500  per  annum 

1  Stenographer $  1,200  per  annum 

1  File  clerk. $  1,500  per  annum 

1  Messenger    $  1,020  per  annum 

For  crop   reporting $  2,000  per  annum 

For  extra  help $  1,000  per  annum 

For    office   expenses $     5,000.00 

For  travel   $     7,000.00 

For  operation   $        200.00 

For  repairs $        500.00 

For  equipment    $     2,000.00 

For   contingencies    $     4,000.00 

(Total  for  General  Office,  Department  of  Agriculture,  $45,940.00.) 

Department  of  Agriculture. 

Division  of  Game  and  Fish. 

(23)  To  the  Department  of  Agriculture: 

For  salaries  and  wages $283,000.00 


APPROPRIATIONS. 


171 


For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

2  Special    representatives    in    fish 

rescue  work  at  $2,000  each.  .'.  .$  4,000  per  annum 

5  Inspectors  at  $2,000  each $10,000  per  annum 

5  Investigators  at  $1,800  each...$  9,000  per  annum 

13  Employes  at  $1,500  each $19,500  per  annum 

60  Employes  at  $1,200  each $72,000  per  annum 

1   Chief  clerk $  2,000  per  annum 

1  Bookkeeper  and  clerk $  1,800  per  annum 

1  Messenger    $  1,000  per  annum 

4  Stenographers  at  $1,200  each.  .$  4,800  per  annum 

1  Chief  assistant $  2,400  per  annum 

For  extra  help $15,000  per  annum 

For  office  expenses $  14,000.00 

For  travel    $  60,000.00 

For  operation   $  15,000.00 

For  repairs    $  10,000.00 

For  equipment    $  15,800.00 

For  permanent  improvements $  20,000.00 

For  the  purchase  of  submerged  lands  along  the  Illinois 

Kiver  $50,000.00   [Vetoed] 

(Total  for  Division  of  Fish  and  Game,  $467,800.00.) 


Department  oe  Agriculture. 

Division  of  Foods  and  Dairies. 
(24)      To  the  Department  of  Agriculture: 

For  salaries  and  wages $211,220.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1    Assistant   superintendent $  3,000  per  annum 

1  State  Analyst $  3,000  per  annum 

2  Bacteriologists  at  $1,800  each.  .$  3,600  per  annum 
1   Chemist— first  year.' $  2,300 

second  year  $  2,400 

1  Chemist— first  year $  1,700 

second  year   $  1,800 

4  Chemists  at  $1,600  each  for  first 

year    $  6,400 

At' $1,700  each  for  second  year.$  6,800 

2  Chemists  at  $1,500  each  for  first 

year    $  3,000 

At  $1,600  each  for  second  year.$  3,200 

1   Chemist    . .$  1,200  per  annum 

1   Chief  clerk $  2,400  per  annum 

1  Assistant  chief  clerk $  1,800  per  annum 

3  Stenographers  at  $1,200  each.  .$  3,600  per  annum 
1    Janitor    $  1,020  per  annum 


172  APPROPRIATIONS. 


3  Farm    produce   investigators    at 

$2,100   each    $  6,300  per  annum 

1   License  clerk $  1,800  per  annum 

1  Inspector    $  2,400  per  annum 

1  Inspector — first  year $  2,300 

second  year   $  2,400 

1  Inspector — first  year $  2,200 

second  year  $  2,300 

2  Inspectors  at  $2,100  each 

First  year    $  4,200 

At  $2,200  each,  second  year...$  4,400 

1  Inspector — first  year .$  1,800 

second  year   $  1,900 

7  Inspectors  at  $1,700  each 

First  year    $11,900 

At  $1,800  each  second  year $12,600 

5  Inspectors  at  $1,400  each 

First  year   $  7,000 

At  $1,500  each  second  year.  .  .  .$  7,500 

6  Ice  cream  inspectors   at  $1,200 

each    $  7,200  per  annum 

6  Egg  inspectors  at  $1,200  each.  .  $  7,200  per  annum 
1  Chief  seed  anaylist $  2,400  per  annum 

1  Seed  anaylist $  1,800  per  annum 

2  Seed  inspectors  at  $1,500  each.  .$  3,000  per  annum 

1    Stenographer    $  1,200  per  annum 

1    Department    editor $  1,800  per  annum 

1   Telephone   operator $      840  per  annum 

1  Paint  and  oil  chemist $  1,200  per  annum 

2  Paint  and  oil  inspectors $  2,400  per  annum 

2   Fertilizer   inspectors $  2,400  per  annum 

For   office   expenses $  26,000.00 

For  travel    $  58,000.00 

For  travel   (Ice  cream  inspectors) $  12,000.00 

For  travel    (Egg  inspectors) $  12,000.00 

For  travel    (Seed   inspectors) $     6,000.00 

For  operation    $        500.00 

For  repairs    $     1,000.00 

For  equipment    $     2,300.00 

For  equipment    (Seed  inspection) $     2,500.00 

For  contingencies $     2,000.00 

(Total  for  Division  of  Foods  and  Dairies,  $333,520.00.) 

Department  of  Agriculture. 

Division  of  Plant  Industry. 
(25)      To  the  Department  of  Agriculture: 

For  salaries  and  wages $  16,200.00' 

For  the  following  positions   at  not  to   exceed,  the  annual 
rates  herein  specified : 

1  Chief  inspector $  2,400  per  annum 


APPROPRIATIONS.  173 


1  Stenographer $  1,200  per  annum 

For  nursery  inspectors   and   extra 

help    $  4,500  per  annum 

For  office  expenses $        800.00 

For  travel    $     7,000.00 

For  operation   $        900.00 

For  repairs    $        100.00 

For  equipment    $     3,090.00 

For  contingencies   $        400.00 

(Total  for  Division  of  Plant  Industry,  $28,490.00.) 

Department  of  Agriculture. 
Division  of  Animal  Industry. 

(26)  To  the  Department  of  Agriculture: 

For  salaries  and  wages $  95,410.00 

For  the  following  positions   at  not  to  exceed  the   annual 
rates  herein  specified : 

1  Stenographer $  1,500  per  annum 

4  Stenographers  at  $1,200  each..  .$  4,800  per  annum 

1  Bookkeeper  and  clerk $  1,500  per  annum    . 

1  Chief  sanitary  officer $  3,600  per  annum 

1  Chief  live  stock  inspector $  2,700  per  annum 

1  Live  stock  inspector $  2,000  per  annum 

10  State  agents  at  $2,100  each $21,000  per  annum 

1  Clerk $  1,500  per  annum 

1  Clerk $  1,080  per  annum 

1  Inspector  of  stallions $  1,800  per  annum 

1  Messenger   $  1,020  per  annum 

1  Custodian  of  laboratory $      840  per  annum 

For  per  diem  assistant  State  veter- 
inarians at  not  to  exceed  $8  per 

day    $  3,500  per  annum 

For  extra  clerk  hire $      625  per  annum 

For  janitor  service $      240  per  annum 

For  office  expenses $     8,000.00 

For  travel  $  12,000,00 

For  operation    $  20,740.00 

For  repairs    $        300.00 

For  equipment    $     1,400.00 

(Total  for  Division  of  Animal  Industry,  $137,850.00) 

Department  of  Agriculture. 
Division  of  Apiary  Inspection. 

(27)  To  the  Department  of  Agriculture: 

For  salaries  and  wages $  2,550.00, 

Inspectors  $4  per  diem 

For  office  expenses $  100. Ou 

For  travel    $  1.350.00 

(Total  for  Division  of  Apiary  Inspection,  $4,000.00.) 


174  APPROPRIATIONS. 


County  Agricutural  Advisors. 

(28)  To  the  Department  of  Agriculture: 

For  salaries  and  wages $163,200.00 

For  county  agricultural  advisors  at  not  to  exceed  $100  per 

month  each,  being  that  part  of  the  salary  of  advisors  to 

be  paid  by  the  State 

Department  of  Agriculture 

Division  of  Dairy  Extension. 

(29)  To  the  Department  of  Agriculture: 

For  salaries  and  wages $  18,400.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified: 

1  Superintendent    $  3,000  per  annum 

1   Stenographer  $  1,200  per  annum 

For  extra  office  help,  dairy  speak- 
ers, publicity  men  and  laborers. $  5,000  per  annum 

For  office  expenses" ,  . $     2,000.00 

For  travel $     7,800.00 

For  equipment    $     1,000.00 

For  contingencies   $        800.00 

(Total  for  Division  of  Dairy  Extension,  $30,000.00.)      - 

Department  of  Agriculture. 

State  Aid  County  Fairs. 

(30)  To  the  Department  of  Agriculture: 

For  State  aid  to  county  fairs $220,000.00 

Department  of  Labor. 

General  Office. 

(31)  To  the  Department  of  Labor: 

For  salaries  and  wages $  18,200.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

1   Private  secretary $  2,400  per  annum 

1    Assistant    statistician $  1,800  per  annum 

1    Stenographer    $  1,200  per  annum 

1    Department    clerk $  1,500  per  annum 

1  Messenger   $  1,000  per  annum 

For  special  agents   (3  months)... $  1,200  per  annum 

For    office    expenses $     2,000.00 

For  travel   $     6,000.00 

For  repairs    $        200.00 

For  equipment $        600.00 

For   contingencies    $     2,000.00 

(Total  for  Department  of  Labor,  General  Office,  $29,000.00.) 


APPROPRIATIONS.  1  "i  i 


Department  of  Labor. 
Division  of  Chicago  Free  Employment  Office. 

(32)  To  the  Department  of  Labor: 

For  salaries  and  wages $124 ,800.00 

For  the  following  positions   at  not  to   exceed  the  annual 
rates  herein  specified: 

1  General  superintendent $  2,500  per  annum 

3  Department    superintendents    at 

$1,800    each    $  5,400  per  annum 

3  Assistant      superintendents      at 

$1,500  each   $  4,500  per  annum 

1  Chief  employment  clerk $  1,800  per  annum 

16  Clerks  at  $1,200  each $19,200  per  annum 

1  Clearance-statistical  clerk $  1,600  per  annum 

1  Interpreter    $  1,200  per  annum 

3  File  clerks  at  $900  each $  2,700  per  annum 

5  Stenographers  at  $1,000  each.  .$  5,000  per  annum 

2  Policemen  at  $1,200  each $  2,400  per  annum 

2  Telephone    operators    at    $1,000 

each    $  2,000  per  annum 

3  Janitors  at  $900  each $  2,700  per  annum 

1   Messenger    $      900  per  annum 

1  Investigator  of  employment  for 

women  and  children $  1,800  per  annum 

For  extra  clerk  hire $  5,000  per  annum 

Additional  Chicago  Feee  Employment  Office. 

1    Assistant   superintendent $  1,500  per  annum 

1   Clerk    $  1,200  per  annum 

1   Clerk  and  stenographer $  1,000  per  annum 

For    office   expenses $  41 .200.00 

For  travel    $        S00.00 

For  operation    $     1,250.00 

For  repairs   $     1^000.00 

For  equipment    $        600.00 

For   contingencies    $     1.100.00 

(Total  for  Division  of  Chicago  Free  Employment   Office,   $170,- 
750.00.) 

Department  of  Laror. 

Division  of  East  St.  Louis  Free  Eni]ioyment  Office. 

(33)  To  the  Department  of  Labor: 

For  salaries  and  wages $  11.520.00 

For  the  following  positions  at  not  to  exceed   the  annual 
rates  herein  specified : 

1    Superintendent    $  1,800  per  annum 

1    Assistant    superintendent $  1,500  per  annum 

1   Clerk $  1,100   per  annum 

1    Stenographer    $  1,000   per  annum 

For   janitor   service $      360  per  annum 


176  APPROPRIATIONS. 


For  office  expenses   $     3,000.00 

For   contingencies    $        200.00 

(Total  for  Division  of  East  St.  Louis  Free  Employment  Office, 
$14,720.00.) 

Department  of  Labor. 

Division  of  Eock  Island-Moline  Free  Employment  Office. 

(34)  To  the  Department  of  Labor: 

For  salaries  and  wages $  11,520.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1  Superintendent   $  1,800  per  annum 

1    Assistant   superintendent $  1,500  per  annum 

1   Clerk    $  1,100  per  annum 

1    Stenographer    $  1,000  per  annum 

For  janitor  service $      360  per  annum 

For   office    expenses $     2,400.00 

For    contingencies    $        200.00 

(Total    for    Division    of    Rock    Island-Moline    Free    Employment 
Office,  $14,120.00.) 

Department  oe  Labor. 

Division  of  Peoria  Free  Employment  Office. 

(35)  To  the  Department  of  Labor: 

For  salaries  and  wages $  11,920.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1  Superintendent   $  1,800  per  annum 

1    Assistant   superintendent $  1,500  per  annum 

1  Clerk $  1,100  per  annum 

1    Stenographer    $  1,200  per  annum 

For   janitor   service $      360  per  annum 

For   office   expenses $     3,000.00 

For  contingencies    $        200.00 

(Total  for  Division  of  Peoria  Free  Employment  Office,  $15,120.00.) 

Department  of  Labor. 

Division  of  Eockford  Free  Employment  Office. 

(36)  To  the  Department  of  Labor: 

For  salaries  and  wages $  11,520.00 

For  the  following  positions  at  not  to  exceed  the   annual 
rates  herein  specified: 

1    Superintendent    $  1,800  per  annum 

1    Assistant   superintendent $  1,500  per  annum 

1    Clerk    $  1,100  per  annum 

1    Stenographer $  1,000  per  annum 

For  janitor   service $      360  per  annum 


APPROPRIATIONS. 


For   office   expenses $     2,400.00 

For  operation   $        186.00 

For   contingencies    $        200.00 

(Total   for  Division  of  Eockford   Free   Employment   Office,   $14,- 
306.00.) 

Department  of  Labor. 

Division  of  Springfield  Free  Employment  Office. 

(37)  To  the  Department  of  Labor: 

For  salaries  and  wages $  11,520.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1  Superintendent   $  1,800  per  annum 

1   Assistant   Superintendent $  1,500  per  annum 

1   Clerk    $  1,100  per  annum 

1  Stenographer    $  1,000  per  annum 

For  janitor  service $      360  per  annum 

For    office   expenses $     3,000.00 

For   contingencies    $        200.00 

(Total  for  Division  of  Springfield  Free  Employment  Office,  $14,- 
720.00.) 

Department  of  Labor. 

Additional  Free  Employment  Offices. 

(38)  To  the  Department  of  Labor: 

For  salaries  and  wages $  72,000.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

8  Superintendents  at  $1,800  each$14,400  per     annum 
8  Assistant      superintendents      at 

$1,500    each    $12,000  per  annum 

8  Clerks    and    typists    at    $1,200 

each    $  9,600  per  annum 

For   office    expenses $  19,800.00 

For  operation   $     4.000.00 

For  repairs    $        200.00 

For  equipment    $     1,600.00 

For   contingencies    $     1,600.00 

(Total  for  Additional  Free  Employment  Offices,  $99,200.00.) 

Department  of  Labor. 

Division  of  General  Advisory  Board  Illinois  Free  Employment  Office. 

(39)  To  the  Department  of  Labor: 

For  salaries  and  wages $     6,000.00 

2  Investigators  of  labor  conditions  at  not  to  exceed 
$1,500  each  per  annum 

—12  L 


178  APPROPRIATIONS. 


For    office   expenses $        700.00 

For  travel    $     2,000.00 

(Total  for  Division  of  General  Advisory  Board  Illinois  Free  Em- 
ployment Offices,.  $8,700.00.) 

Department  of  Labor. 

Division  of  Chief  Inspector  of  Private  Employment  Agencies. 

(40)  To  the  Department  of  Labor: 

Fur  salaries  and  wages $  30,600.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

7   Deputy     inspectors     at     $1,800 

each    $12,600  per  annum 

1  Woman  inspector $  1,500  per  annum 

1   Stenographer  and  bookkeeper.  .$  1,200  per  annum 

For    office    expenses $     4,000.00 

For  travel   $        800.00 

For  equipment    $        200.00 

(Total  for   Division   of   Chief   Inspector   of   Private   Employment 
Agencies,  $35,600.00.) 

Department  or  Labor. 

Division  of  Factory  Inspection. 

(41)  To  the  Department  of  Labor: 

For  salaries  and  wages $152,160.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1  Assistant  Chief  Factory  Inspec- 
tor  $  2,500  per  annum 

2  Physicians  (part  time)  at  $1,500 

each    $  3,000  per  annum 

30  Deputy  inspectors  at  $1,800  each$54,000  per  annum 

1   Bookkeeper    $  1,800  per  annum 

1   Messenger $  1,020  per  annum 

1  Stenographer    $  1,200  per  annum 

2  Stenographers  at  $1,000  each.  .$  2,000  per  annum 
1   Typist    $      900  per  annum 

1  Clerk    $  1,200  per  annum 

2  Women  investigators   at   $1,000 

each    $  2,000  per  annum 

2  Clerks  at  $1,080  each $  2,160  per  annum 

1  Telephone   operator $      900  per  annum 

2  Special   investigators   at   $1,200 

each    $  2,400  per  annum 

For  temporary  office  help $  1,000  per  annum 

For   office    expenses $  16,200.00 

For  travel $  30,000.00 

For  operation    $        600.00 


APPROPRIATIONS.  179 


For  repairs $        800.00 

For  equipment    $        800.00 

(Total  for  Division  of  Factory  Inspection,  $200,560.00. ) 

• 

Department  of  Labor. 

Division  of  Industrial  Commission. 

(42)  To  the  Department  of  Labor: 

For   salaries   and   wages $234,040.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1   Chief  industrial  examiner $  3,300  per  annum 

1    Security  supervisor $  3,300  per  aunum 

1   Statistician    $  2,500  per  annum 

1   Bookkeeper    $  1,800  per  annum 

1  Telephone  operator    $      900  per  annum 

6  Stenographers  at  $1,200  each.  .$  7,200  per  annum 

2  Messengers  at  $960  each $  1,920  per  annum 

1  Messenger $  1,020  per  annum 

7  Department     clerks     at     $1,440 

each    $10,080  per  annum 

2  Department    clerks    at    $1,080 

each    $  2,160  per  annum 

8  Arbitration     agents     at     $3,000 

each    $24,000  per  annum 

2   mediators    and    conciliators    at 

$3,600  each   $  7,200  per  annum 

1  Stenographer    $  1,000  per  annum 

2  Filing  clerks  at  $1,080  each...$  2,160  per  annum 
2  Industrial  examiners   at  $1,440 

each    $  2,880  per  annum 

10  Typists  at  $900  each $  9,000  per  annum 

For  medical  assistance $10,000  per  annum 

For  court  stenographers $21,600  per  annum 

For    additional    help $  5,000  per  annum 

For   office   expenses $  30,440.00 

For  travel   '. $  36.000.00 

For  operation    $        400.00 

For  repairs    $        400.00 

For  equipment    $     4.000.00 

(Total  for  Division  of  Industrial  Commission,  $305,280.00.^ 

Department  of  Mines  and  Minerals 

(43)  To  the  Department  of  Mines  and  Minerals: 

For  salaries  and  wages. ' $121,160.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1   Private   secretary $  2,400  per  annum 

1   Statistician    $  2,100  per  annum 


180  APPROPRIATIONS. 


1    Clerk    $  1,800  per  annum 

1  Stenographer  and  file  clerk.  . .  .$  1,500  per  annum 

2  Stenographers  at  $1,200  each.  .  .$  2,400  per  annum 
1   Messenger. $  1,080  per  annum 

13  Inspectors  at  $2,400  each $31,200  per  annum 

6  Superintendents  at  $1,500  each.$  9,000  per  annum 
6  Teams  of  5  men  each  at  $2.00 

per  week    $  3,200  per  annum 

1  Special  investigator   $  2,400  per  annum 

For  extra  help $      500  per  annum 

For  extra  helmet  men  as  emerg- 
ency substitutes  and  necessary 
assistants  at  mine  disasters ....  $  3,000  per  annum 

For   office   expenses $     8,020.00 

For  travel   - $  55,500.00 

For  operation $     5,800.00 

For  repairs    $     7,700.00 

For  equipment $        875.00 

For    contingencies  ■ , $     5,000.00 

(Total  for  Department  of  Mines  and  Minerals,  $204,055.00.) 

Department  of  Public  Works  and  Buildings. 

General  Office. 

(44)  To  the  Department  of  Public  Works  and  Buildings: 

For   salaries   and   wages $  23,000.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

1   Private  secretary $  2,400  per  annum 

1   Stenographer  and  bookkeeper.  .$  1,500  per  annum 

1    Stenographer    $  1,200  per  annum 

1  Messenger    $  1,000  per  annum 

1  Department  custodian    $  2,100  per  annum 

1  Departmental  inspector   $  3,300  per  annum 

For  office  expenses $     2,400.00 

For  travel    $     6,000.00 

For  repairs $        400.00 

For  equipment    $        500.00 

For  contingencies   $     2,000.00 

(Total  for  the  General  Office  of  the  Department  of  Public  Works 
and  Buildings,  $34,300.00.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Waterways. 

(45)  To  the  Department  of  Public  Works  and  Buildings: 

For  salaries  and  wages $  3,600.00 

1  Stenographer  at  not  to  exceed.  .$  1,800  per  annum 

For  office  expenses $  7,000.00 

For  travel   $  6,000.00 


APPROPRIATIONS.  181 


For  equipment    $        500.00 

For  engineering  services $140,000.00 

(Engineering  services,  surveys,  designing,  field  work,  and 
all  other  service  or  expense  required  for  estimates  and 
preliminary  plans  of  a  deep  water  way  or  canal  from 
the  present  waterpower  plant  of  the  Sanitary  District 
of  Chicago,  at  or  near  Lockport,  in  the  township  of 
Lockport,  in  the  county  of  Will  to  a  point  in  the  Illinois 
Eiver  at  or  near  Utica  and  for  determining  the  general 
plan  and  scheme  of  deep  waterway  which  may  be  most 
advantageous.) 

For  stream  gauging $     7,000.00 

For  maintenance  of  navigation  on  the  Illinois  Eiver $  30,000.00 

(Repairs  to  locks  and  dykes  at  Henry  and  Copperas  Creek  on 
the  Illinois  Eiver  and  dredging  in  the  Illinois  Eiver  and 
Basin  at  La  Salle,  Illinois,  and  for  all  work  necessary  for 
the  maintenance  of  navigation  on  the  Illinois  Eiver 
under  the  Department  of  Public  Works  and  Buildings.) 

For  surveys  and  investigations $  00,000.00 

(Service  and  expense  in  the  survey  of  State  land  and 
meandered  waters,  and  in  the  investigation  of  complaints 
of  encroachments  and  pollutions,  and  in  investigations 
for  the  reclamation  and  protection  of  the  lands  and  prop- 
erty of  the  State  of  Illinois.) 
For  services  and  expenses  in  investigating  the  cost,  effect 

and  proper  disposal  of  flood  waters $•     3,500.00 

For  services  and  expenses  in  investigating  and  preventing 
obstructions  in  or  the  clumping  of  garbage,  waste  and 
refuge  matter  in,  upon  or  along  the  shores  of  rivers, 
streams  or  other  bodies  of  water  in  this  State  in  such  a 
manner  as  to  make  it  possible  that  the  same  will  be 
washed    into    such    streams    in    time    of    flood    or    high 

water  levels   $  13,000.00 

For  contingencies $     2,000.00 

For  special  assessment,  city  of  Ottawa — 

Paving  with  interest  to  July  1,  1919 $     4,262.76 

For  the  purpose  of  removing  tax  deeds  and  liens  against 
that  part  of  the  southwest  quarter  of  section  29,  township 
39,  north,  range  14,  east  of  the  third  principal  meridian 
west  of  the  Chicago  Eiver,  and  known  as  blocks  12  and  13 
of  Canal  Trustees'  sub-division  of  blocks  10,  10%,  11, 
12,  and  13  in  the  county  of  Cook  and  State  of  Illinois, 
said  land  having  been  heretofore  contracted  to  be  sold 
by  the  canal  commissioners,  and  the  prospective  pur- 
chaser thereof  having  expended  said  sum  of  four  thousand 
two  hundred  and  seventy-nine  dollars  and  fifty-two  cents 
to  remove  said  tax  deeds  and  liens,  said  purchaser  agree- 
ing that  upon  the  payment  of  the  amounts  so  disbursed 
by  him,  said  contract  shall  be  cancelled,  and  said  prop- 
ertv  shall  revert  to  the  State  of  Illinois $     4,279.52 


182  APPROPRIATIONS. 


Division  of  Waterways — Illinois  and  Michigan  Canal. 
For  salaries  and  wages,  office  expenses,  travel,  operation, 
repairs,  equipment,  permanent  improvements  necessary 
for  the  operation  and  maintenance  of  the  Illinois  and 
Michigan  Canal  payable  only  out  of  such  funds  or  moneys 
as  shall  be  covered  into  the  State  treasury  and  placed  by 
the  State  Treasurer  to  the  credit  of  the  special  fund 
known  as  the  Illinois  and  Michigan  Canal  Fund,  $50,000 

per  annum '.'.' $100,000.00 

(Total  for  Division  of  Waterways,  $381,142.28.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Highways. 

(46)  To  the  Department  of  Public  Works  and  Buildings: 

For  salaries  and  wages $  86,680.00 

For  the  following  positions  at  not   to   exceed  the   annual 
rates  herein' specified : 

1  Road  engineer,  (first  year) $  3,000  per  annum 

(second  };ear)    .  .$  3,600  per  annum 

1   Maintenance  engineer $  3,600  per  annum 

1  Bridge  engineer,   (first  year).  .  .$  3,000  per  annum 

(second  year)  .$  3,600  per  annum 

1  Testing  engineer,   (first  year)..$  3,000  per  annum 

(second  year)$  3,600  per  annum 

1  Chief  clerk $  2,220  per  annum 

1  Bookkeeper    $  2,000  per  annum 

2  Chemists  at  $1,800  each $  3,600  per  annum 

1  Stenographer $  1,500  per  annum 

5  Stenographers  at  $1,200  each...$  6,000  per  annum 

3  Assistant    engineers    at    $2,700 

each    $  8,100  per  annum 

1    Clerk    $  1,200  per  annum 

3  Clerks  at  $1,000  each $  3^,000  per  annum 

1   Messenger    $  1,020  per  annum 

1  Blueprinter    $  1,200  per  annum 

For  office  expenses ' $  44,000.00 

For  travel    $  30,000.00 

For  operation    $     7,000.00 

For  repairs    $  12,700.00 

For  equipment    $     7,400.00 

(Total  for  Division  of  Highways,  $187,780.00.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Engineering. 

(47)  To  the  Department  of  Public  Works  and  Buildings: 

For   salaries   and    wages $  40,960.00 


APPROPRIATIONS. 


183 


For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

1   Assistant  supervising  engineer. $  2,700  per  annum 
1  Assistant  supervising  engineer.  .$  2,400  per  annum 

1    Draftsman    $  1,800  per  annum 

1    Draftsman    $  1,500  per  annum 

1  Inspector    $  2,200  per  annum 

1  Inspector    $  2,000  per  annum 

.1  Inspector    $  1,800  per  annum 

1   Chief  clerk    $  1,800  per  annum 

1    Stenographer    $  1,200  per  annum 

1    Stenographer    $  1,080  per  annum 

For  specialized   services,   stenogra- 
phic work  and  drafting $  2,000  per  annum 

For   office   expenses 

For  travel    

For  repairs    

For  equipment 

For   contingencies    

(Total  for  Division  of  Engineering,  $59,385.00.) 


0,000.00 

8,000.00 

300.00 

2.125.00 

2.000.00 


Department  of  Public  Works  and  Buildings. 

Division  of  Architecture. 
(48)     To  the  Department  of  Public  Works  and  Buildings: 

For  salaries  and  wages $  49,260.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1  Architectural  assistant $  3,000  per  annum 

2  Superintendents  of  construction 

at  $2,400  each   (first  year) $  4,800  for  first  year 

At  $2,500  each   (second  year)  .  .  .  .$  5,100  for  second  year 

1  Draftsman   $  1,500  per  annum 

1    Draftsman    $  1,800  per  annum 

1  Chief  clerk $  1,800  per  annum 

2  Structural  supervisors  at  $1,800 

each    $  3,600  per  annum 

1    Stenographer    $  1,200  per  annum 

1    Stenographer    $1,080  per  annum 

1    Architectural    tracer $  1,000  per  annum 

For  surveying  and  leveling $      500  per  annum 

For  consulting  expert $      200  per  annum 

For   specialized    service,    stenogra- 
phic work  and  drafting $  4,000  per  annum 

For    office    expenses $     8,800.00 

For  travel    $     9,000.00 

For  repairs    $        550.00 

For  equipment    $     1,750.00 

For    contingencies    $     2.000.00 

(Total  for  Division  of  Architecture,  $71,360.00.) 


184  APPROPRIATIONS. 


Department  of  Public  Works  and  Buildings. 

Division  of  Parks. 

(49)  To  the  Department  of  Public  Works  and  Buildings: 

For    office    expenses $  100.00 

For  travel   $  1,000.00 

For   contingencies    $  2,000.00 

(Total  for  Division  of  Parks,  $3,100.00.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Lincoln  Homestead. 

(50)  To  the  Department  of  Public  Works  and  Buildings: 

For  salaries  and  wages $  3.000.00 

1  Custodian  at  not  to  exceed.  .....$  1,500  per  annum 

For  office  expenses $  260.00 

For  operation    $  460.00 

For  repairs $  1,000.00 

For  contingencies   $  300.00 

(Total  for  Lincoln  Homestead,  $5,020.00.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Lincoln  Monument. 

(51)  To  the  Department  of  Public  Work  and  Buildings: 

For  salaries  and  wages $     5,210.00 

For  the  following  positions  at  not  to  exceed  the   annual 
rates  herein  specified : 

1    Custodian    $  1,500  per  annum 

1    Caretaker    $  1,020  per  annum 

For  extra  help $        85  per  annum 

For    office    expenses $        400.00 

For  operation    $     1,300.00 

For  repairs    $     4,100.00 

For  permanent  improvements $     1.500.00 

(Total  for  Lincoln  Monument,  $12,510.00.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Fort  Massac  Park 

(52)  To  the  Department  of  Public  Works  and  Buildings: 

For  salaries  and  wages $     1,920.00 

1  Custodian  at  not  to  exceed $      900  per  annum 

For  extra  help $        60  per  annum 

For  office  expenses $        250.00 

For  operation    $        400.00 

For  repairs    $        200.00 

(Total  for  Fort  Massac  Park,  $2,770.00.) 


APPROPRIATIONS.  185 


Department  oe  Public  Works  and  Building.^. 

Division  of  Old  Salem  State  Park. 
(53)     To  the  Department  of  Public  Works  and  Buildings: 
For  custodian,  repairs,  maintenance  and  improvement  of 

buildings  and  grounds $     5,000.00 

For    museum,    custodian's    quarters    and    restoration    of 

original' buildings   $  25.000.00 

(Total  for  Old  Salem  State  Park,  $30,000.00.) 

Department  of  Public  Works  and  Buildings. 

(54:)  To  the  Department  of  Public  Works  and  Buildings: 
For  the  erection  on  the  site  by  the  State  Historical  So- 
ciety of  a  suitable  marker  to  commemorate  the  establish- 
ment of  Fort  Creve  Couer  in  1680  by  the  Sieur  de  la 
Salle  on  the  east  bank  of  the  Illinois  Eiver,  in  what  is 
now  Tazewell   County $     1,500.00 

Department  of  Public  Works  and  Buildings. 

Division  of  Starved  Eock  Park. 

(55)  To  the  Department  of  Public  Works  and  Buildings: 

For  salaries  and  wages $     5,000.00 

1  Superintendent  at  not  to  exceed. $  1,000  per  annum 
For  laborers,  with  team  and  with- 
out, and  special  police $  1,500  per  annum 

For  office  expenses $        200.00 

For  operation   $        300.00 

For  repairs   $     6,500.00 

For  permanent  improvements $  30,000.00 

For  contingencies $     1,000.00 

(Total  for  Starved  Rock  Park,  $43,000.00.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Douglas  Monument  Park. 

(56)  To  the  Department  of  Public  Works  and  Buildings: 
For  the  repair  and  improvement  of  the  Douglas  Monument 

in  Douglas  Monument  Park  consisting  of  2.02  acres 
bounded  by  Woodland  Park,  The  Illinois  Central  Rail- 
road, 35th  Street  and  by  the  alley  west  of  the  Illinois 

Central  Railroad   $  15,000.00 

For  the  care  and  maintenance  of  such 

park  and  monument $  1,200  per  annum 

(Total  for  Douglas  Monument  Park,  $17,400.00.) 


186  APPROPRIATIONS. 


Department  of  Public  Works  and  Buildings. 

Division  of  Purchases  and  Supplies. 

(57)  To  the  Department  of  Public  Works  and  Buildings : 

For  salaries  and  wages $  47,160.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified: 

1  Assistant  superintendent  of  pur- 
chases and  supplies $  2,750  per  annum 

1  Chief  clerk .$  2,750  per  annum 

1  Filing  clerk $  1,200  per'  annum 

1  Clerk .....$  1,800  per  annum 

2  Clerks  at  $1,500  each $  3,000  per  annum 

1  Messenger   $  1,080  per  annum 

2  Stenographers  at  $1,200  each.  .  .$  2,400  per  annum 

1   Storekeeper    $  1,200  per  annum 

1  Typist   $  900  per  annum 

For  tabulators $  3,000  per  annum 

For   fees   to   analysts,   testers    and 

inspectors    $  3,500  per  annum 

For  office  expenses $  10,400.00 

For  travel    $     6,000.00 

For  equipment    $     1,500.00 

(Total  for  Division  of  Purchases  and  Supplies,  $65,060.00.) 

Department  of  Public  Works  and  Buildings. 

Division  of  Printing. 

(58)  To  the  Department  of  Public  Works  and  Buildings: 

For  salaries  and  wages $  51,900.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified : 

1  Cost  expert  $  2,400  per  annum 

1  Stenographer   $  1,500  per  annum 

3  Stenographers     and     clerks     at 

$1,200  each $  3,600  per  annum 

1  Chief  clerk  and  bookkeeper $  1,800  per  annum 

1  Bookkeeper  and  clerk. $  1,500  per  annum 

1   Copy-holder  and  clerk $      900  per  annum 

1    Stenographer    $  1,200  per  annum 

1  Copy-holder  and  file  clerk $  1,200  per  annum 

1    Stock  cutter $  1,200  per  annum 

1  Messenger  and  file  clerk $  1,100  per  annum 

1      Assistant      superintendent 

of  printing    $  2,100  per  annum 

1  Chief    proof    reader    and    copy 

editor $  1,800  per  annum 

2  proof  readers  at  $1,200  each ...  $  2,400  per  annum 


APPROPRIATIONS.  187 


For  extra  proof  readers  for  As- 
sembly and  automobile  list,  first 
year    $  2,500 

Second  year    $  4,000 

For   office   expenses    $     2,800.00 

For  travel    $        500.00 

For  repairs    $        700.00 

For  equipment $     1,500.00 

For   contingencies    $     2,000.00 

(Total  for  Division  of  Printing,  $59,400.00.) 

Department  of  Public  Works  and  Buildings. 

(59)  To  the  Department  of  Public  Works  and  Buildings  for  the 
Division  of  Printing : 

For  the  purchase  on  contract,  as  required  by  law,  and 
other  necessary  expenses  connected  therewith,  of  print- 
ing, paper  and  stationery  supplies  for  the  use  of  the 
Fifty-second.  General  Assembly  or  special  sessions $165,000.00 

(60)  To  the  Department  of  Public  Works  and  Build- 
ings-for  the  Division  of  Printing;  the  sum  of  $816,260.00 

For  printing,  binding,  printing  paper,  cover  paper  and 
other  paper  and  stationery  supplies  to  be  allotted  and 
distributed  among  the  several  offices,  departments,  insti- 
tutions, boards  and  commissions  of  the  government  for 
the  biennium,  as  follows : 

To  the  Governor $  2,000 

To   the   Lieutenant    Governor.  .  .  .$      500 

To  the  Secretary  of  State $175,000 

To  the  Auditor  of  Public  Accouuts$50,000 

<  To  the  State  Treasurer $  6,000 

To   the   Superintendent   of   Public 

Instruction    $60,000 

To  the  Illinois  State  Teachers'  As- 
sociation     $  5.000 

To  the  Attorney  General $25,000 

To    the    Clerk    of    the     Supreme 

Court    $  4,400 

To    the    Appellate     Court,     First 

District    ' $  2,800 

To    the    Appellate    Court.   Second 

District $      800 

To    the    Appelate    Court.    Third 

District    $  1.600 

To    the    Appellate    Court.    Fourth 

District    $      660 

To  the  Department  of  Finance.  .  .$27. 500 
To  the  Department  of  Agriculture$40,920 

To  the  Department  of  Labor $18,200 

To  the  Department  of  Mines  and 

Minerals    $  9.000 


188  APPROPRIATIONS. 


To     the     Department     of     Public 

Works  and  Buildings $49,680 

To  the  Department  of  Public  Wel- 
fare     $60,000 

To    the     Department     of     Public 

IJealth    $35,000 

To  the  Department  of  Trade  and 

Commerce    $90,500 

To   the   Department    of    Begistra- 

tion   and    Education $58,200 

To  the  Adjutant  General $13,000 

To  the  Civil  Service  Commission. $10,000 
To  the   Legislative  Eeference 

Bureau    $11,000 

To  the  Illinois  Farmers'  Institute$32,000 

To  the  State  Library $  4,000 

To  the  Library  Extension $  2,000 

To    the    Illinois    State    Historical 

Library  and   Society $20,400 

To  the  "Uniform  Laws  Commission$  400 
For  printing  and  distributing  the 

report    of    the    Illinois    Pension 

Laws  Commission    $      700 

Department  of  Public  Works  and  Buildings 

(64)  To  the  Department  of  Public  Works  and  Buildings: 
For  the  purchase  of  and  in  payment  for  a  certain  block  of 
ground,  together  with  the  buildings  thereon,  known  as 
the  public  square,  or  old  State  House  square,  located 
between  Gallatin  and  Main  Streets,  and  Third  and 
Fourth  Streets,  in  the  city  of  Yandalia,  Illinois,  to  be 
used  and  preserved  by  the  State  of  Illinois  as  an  his- 
torical building    $  60,000.00 

( 6II/2 )      To  the  Department  of  Public  Works  and  Buildings: 
For  purchasing  site  for  the  erection  of  an  armory  at  Ster- 
ling1. Illinois,  for  the  use  of  the  military  forces  of  the 
State  of  Illinois .' $10,000.00   [Vetoed] 

Department  of  Public  Works  and  Buildings. 

(62)  To  the  Department  of  Public  Works  and  Buildings: 
For   procuring    such    expert,    technical    and    other    assist- 
ance as  may  be  necessary  to  prepare  a  Housing  Code,  a 
Building  Code  and  a  Zoning  Bill  for  presentation  to  the 
Fifty-second  General  Assembly $  10,000.00 

Department  of  Public  Welfare. 

General  Office. 

(63)  To  the  Department  of  Public  Welfare: 

For  salaries  and  wages $  99,500.00 


APPROPRIATIONS.  189 


For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified : 

1  Chief  clerk   $  2,400  per  annum 

1    Statistician    $  3,000  per  annum 

1   General  bookkeeper $  1,800  per  annum 

4  Clerks  at  $1,800  each $  7,200  per  annum 

7  Stenographers  at  $1,200  each.  .  .$  8,400  per  annum 

1  Record  clerk $  1,200  per  annum 

1  Assistant    secretary    and    steno- 
grapher     $  1,800  per  annum 

1  Reimbursing  investigator    $  1,800  per  annum 

1    Farm,    garden    and    dairy    con- 
sultant     $  3,600  per  annum 

1  Messenger   $  1,020  per  annum 

1  Private  secretary $  2,400  per  annum 

1    Supervising  dietitian $  3,000  per  annum 

1   Superintendent  of  buildings. ...  $  2,100  first  year 
1  Superintendent  of  buildings..  .  .$  2,160  second  year 

For  extra  help $10,000  per  annum 

For  office  expenses $     8,400.00 

For  travel $  20,000.00 

For  operation $        350.00 

For  repairs   $     1,700.00 

For  equipment    $     3,400.00 

(Total  for  General  Office  of  Public  Welfare,  $133,350.00.) 

(64)  The  Department  of  Public  Welfare: 

For  working  capital $1,000,000.00 

To  be  paid  from  the  working  fund  for  the  industries  at 
the  Illinois  State  Penitentiary,  Southern  Illinois  Peni- 
tentiary, Illinois  State  Reformatory,  Lincoln  State 
School  and  Colony,  Illinois  Charitable  Eye  and  Ear 
Infirmary,  and  the  Illinois  Industrial  Home  for  the 
Blind. 

Department  op  Public  Welfare. 

Division  of  Visitation  and  Instruction  of  Adult  Blind. 

(65)  To  the  Department  of  Public  Welfare: 

For  salaries  and  wages $  14,000.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified: 

1  Managing  officer   $  1,500  per  annum 

4  Instructors  at  $1,000  each $  4,000  per  annum 

1   Secretary   $      300  per  annum 

1  Teacher  $  1,200  per  annum 

For  office  expenses $        960.00 

For  travel    $     3.000.00 

For  operation   $     3,000.00 


190  APPROPRIATIONS. 


For  repairs    $        120.00 

For  equipment    $        330.00 

■  (Total  for  Division  of  Visitation  and  Instruction  of  Adult  Blind,, 
$21,410.00.) 

Department  of  Public  Welfare. 

Division  of  Visitation  of  Children. 

(66)  To  the  Department  of  Public  Welfare: 

For  salaries  and  wages $  33,800.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified: 

1  State  agent   $  2,500  per  annum 

1  Assistant  State  agent $  1,500  per  annum 

2  Stenographers  at  $1,200  each.  .  .$  2,400  per  annum 

3  Home  visitors  at  $1,500  each.  .  .$  4,500  per  annum 
5  Home  visitors  at  $1,200  each.  .  .$  6,000  per  annum 

For  office  expenses $     1,800.00 

For  travel    .  .  . $  24,000.00 

For  repairs    $        250.00 

For  equipment $        350.00 

(Total  for  Division  of  Visitation  of  Children,  $60,200.00.) 

Department  of  Public  Welfare. 

Division  of  Welfare  Commissioners. 

(67)  To  the  Department  of  Public  Welfare: 

For  salaries  and  wages $  13,700.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified : 

1  Executive  secretary   $  2,400  per  annum 

1  Inspector    $  1,800  per  annum 

1  Inspector    .  .- $  1,200  per  annum 

1  Stenographer   $  1,200  per  annum 

For  extra  clerk  hire $      250  per  annum 

For  office  expenses : $     2,000.00 

For  travel    $     8,000.00 

For  equipment    $        400.00 

(Total  for  Division  of  Welfare  Commissioners,  $24,100.00.) 

Department  of  Public  Welfare. 

Division  of  Pardons  and  Paroles. 

(68)  To  the  Department  of  Public  Welfare: 

For  salaries  and  wages $127,320.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

1   Assistant      Superintendent      of 

Pardons  and  Paroles $  4,500  per  annum 

1   Assistant      Superintendent      of 

Pardons  and  Paroles $  3,500  per  annum 


APPROPRIATIONS.  19] 


1  Clerk   $  3,000  per  annum 

1  Stenographer   $  1,500.  per  annum 

1  File  clerk .....$  1,200  per  annum 

1  Chief  parole  agent $  2,500  per  annum 

1  Secretary  and  stenographer $  2,000  per  annum 

IS  Parole  agents  at  $2,000  each.  .$36,000  per  annum 
1  Assistant  to  chief  parole  agent.  .$  2,100  per  annum 
1  Assistant    secretary,     clerk    and 

stenographer    $  1,200  per  annum 

1  Stenographer  and  clerk . .  .$  1,080  per  annum 

1  Stenographer    and    clerk     (Chi- 
cago office)    $  1,080  per  annum 

2  Parole     supervisors     at     $2,000 

each    $  4,000  per  annum 

For  office  expenses $     9,400.00 

For  travel   $  56,400.00 

For  equipment    $     1,600.00 

(Total  for  Division  of  Pardons  and  Paroles  $194,720.00.) 

(68%)     To  the  Department  of  Public  Welfare: 
For  the   expenses  of  making  a   survey  of  existing   condi- 
tions with  reference  to  the  rehabilitation  of  the  physically 
handicapped  persons  of  this  State $  10,000.00 

Department  of  Public  Health. 

(69)     To  the  Department  of  Public  Health: 

Fur  salaries  and  wages $299,600.00 

For  the  following  positions   at  not  to  exceed  the   annual 
rates  herein  specified : 

General  Office. 

1  Chief  clerk $  2,800  per  annum 

1  Department  stenographer   $  1,800  per  annum 

1  Accountant  clerk $  1,500  per  annum 

1  Stenographer  and  junior  account- 
ant     $  1,200  per  annum 

1  Stenographer  and  clerk $  1,000  per  annum 

1^ Messenger  and  stock  clerk $  1,080  per  annum 

1   Private  secretary    $  2,400  per  annum 

For  extra  help $  2,000  per  annum 

Division  of  Communicable  Diseases. 
1  Chief  of  division  and  epidemi- 
ologist     $  3,600  per  annum 

1  Assistant  epidemiologist $  2,000  per  annum 

1  Supervisor  of  field  service $  2,400  per  annum 

1  Chief  quarantine  officer $  1,500  per  annum 

]   Quarantine  officer   $  1.200  per  annum 


192  APPROPRIATIONS. 


2  Contagious     disease     nurses     at 

$1,320  each   $  2,640  per  annum 

1  Statistical  clerk $  1,500  per  annum 

2  Clerks  at  $1,500  each $  3,000  per  annum 

1  Stenographer  and  file  clerk $  1,320  per  annum 

1  Stenographer  and  clerk $  1,080  per  annum 

1  Stenographer  and  clerk $  1,000  per  annum 

2  Stenographers  at  $900  each $  1,800  per  annum 

For  district  health  officers  (at  from 

$1,800   to   $2,500   each   per   an- 
num)      $16,000  per  annum 

Division  of  Tuberculosis. 
1   Supervising  tuberculosis  nurse.  .$  1,320  per  annum 

Division  of  Child  Hygiene  and  Public  Health  Nursing 

1  Chief  [of]  Division $  4,000  per  annum 

1  Clinical  nurse $  1,320  per  annum 

1  Organizer  Child  Welfare  Service .  $  1,320  per  annum 

1  Stenographer  and  clerk $  1,000  per  annum 

1  Medical  assistant $  2,800  per  annum 

For    medical,    nursing    and    other 

necessary     assistants     for     baby 

health   conferences    $      800  per  annum 

Diagnostic  Laboratory. 

1  Bacteriologist  and  pathologist. .. $  2,400  per  annum 

1  Assistant  bacteriologist $  1,500  per  annum 

1  Laboratory  helper $  1,080  per  annum 

1  Stenographer  and  clerk $  900  per  annum 

For     services     of     bacteriologists, 

serologists,    chemists,    clerks    in 

branch  laboratories    $  3,000  per  annum 

Biological  and  Eesearch  Laboratories. 

1  Chief  of  Laboratories $  3,000  per  annum 

1  Assistant  bacteriologist   $  1,800  per  annum 

1  Laboratory  helper $  1,080  per  annum 

1  Eecord  and  shipping  clerk $  1,200  per  annum 

1  Stenographer  and  clerk $  1,000  per  annum 

For  services  for  treatment  of  citi- 
zens   who    are    or    may    become 

afflicted  with  rabies $  2,000  per  annum 

Division  of  Surveys  and  Rural  Hygiene. 

1  Supervisor  of  Surveys $  2,200  per  annum 

1  Farm  sanitation  advisor $  2,000  per  annum 

1  Clerk  and  stenographer $      900  per  annum 


APPROPRIATIONS.  193 


Division  of  Public  Health  Instruction. 
1  Chief  of  Public  Health  Instruc- 
tion     $  2,400  per  annum 

1    Stenographer    $  1,320  per  annum 

1  Exhibit  helper  and  mail  clerk.  .$  1,000  per  annum 

Division  of   Sanitation. 

1   Chief  sanitary  engineer $  4,000  per  annum 

1  Analyst    (Engineer) $  2,220  per  annum 

1  Assistant  analyst $  1,500  per  annum 

1    Laboratory    cleaner $      720  per  annum 

1  Filter  attendant $  1,080  per  annum 

1  Stenographer  and  file  clerk.  .  .  .$  1,320  per  annum 
1  Stenographer  and  laboratory  as- 
sistant     $  1,140  per  annum 

For  assistant  engineers  and  sani- 
tarians at  from  $1,200  to  $2,800 
each  per  annum $10,100  per  annum 

Division  of  Vital  Statistics. 

1  Eegistrar  of  Vital  Statistics ....  $  2,400  per  annum 

1  Assistant  registrar $  1,800  per  annum 

1    Classification    clerk $  1,200  per  annum 

1   Recording   clerk $  1,200  per  annum 

1    Receiving    clerk $  1,000  per  annum 

1    File   clerk $  1,000  per  annum 

1  Tabulating  machine  operator... $  1,080  per  annum 

1  Tabulating  machine  operator.  .  .$      900  per  annum 

1  Stock  and  shipping  clerk $      900  per  annum 

2  Stenographers  at  $1,140  eacb.  .  .$  2,280  per  annum 
2   Stenographers     and     clerks     at 

$1,000  each   $  3,000  per  annum 

4  Typists  and  clerks  at  $900  each.$  3,600  per  annum 

1   Field  agent $  1,500  per  annum 

1    Tabulating   clerk $  1,200  per  annum 

Division  of  Lodging  House  Inspection. 

5  Lodging     house     inspectors     at 

$1,500  each   $  7,500  per  annum 

1   Stenographer  and  clerk $  1,800  per  annum 

For  extra  help $  1,200  per  annum 

For   office    expenses $  21,600.00 

For  travel $  83,800.00 

Foi   operation   $  96,090.00 

For  repairs    $     3,600.00 

For  equipment    $     9,220.00 

For   contingencies $  12^000.00 

—13  L 


194  APPROPRIATIONS. 


Social  Hygiene  Control. 

For  salaries  and  wages $  30,000.00 

For   office   expenses $  10,000.00 

For  travel    $  12,000.00 

For    operation    $  19,000.00 

For  repairs    $     3,600.00 

For  equipment   $  10,000.00 

For   contingencies    $  15,400.00 

(Total  for  Department  of  Public  Health,  $625,910.00.) 

Department  op  Trade  and  Commerce. 

General  Office. 

(70)  To  the  Department  of  Trade  and  Commerce: 

For  salaries  and  wages $  28,840.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1   Private  secretary $  2,400  per  annum 

1   Bookkeeper  and  stenographer.  .$  1,500  per  annum 

1  Index  and  filing  clerk $  1,500  per  annum 

1  Inspector  of  weights  and  stand- 
ards     $  1,500  per  annum 

1   Examiner   of   small   loan   agen- 
cies    $  1,500  per  annum 

1   Messenger    $  1,020  per  annum 

For  extra  help $  5,000  per  annum 

For   office  expenses $     2,400.00 

For  travel    . $     6,000.00 

For  operation $        600.00 

For  repairs    '. $     1,500.00 

For  equipment   ,   $     1,600.00 

For   contingencies    $  20,000.00 

(Total  for  General  Office  of  Department  of  Trade  and  Commerce, 
$60,940.00.) 

Department  of  Trade  and  Commerce. 

Division  of  Insurance. 

(71)  To  the  Department  of  Trade  and  Commerce: 

For  salaries  and  wages $144,320.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified: 

1  Actuary    $  4,500  per  annum 

1  Assistant  actuary   $  2,700  per  annum^ 

1  Securities  examiner $  3,000  per  annum 

1   Chief  insurance  clerk $  3,300  per  annum 

1  Cashier,  bookkeeper  and  tax  ex- 
pert     :. $  3,000  per  annum 

1    Auditing    and    chief    certificate 
clerk   - $  2,400  per  annum 


APPROPRIATIONS.  195 


1  Index  and  filing  clerk $  1,800  per  annum 

1  Chief   insurance   examiner $  3,500  per  annum 

2  Insurance  examiners  at    $2,500 

each    $  5,000  per  annum 

1  Fire  inter-insurers    and    Lloyds 

examiner    $  3,300  per  annum 

1  Legal  reserve  life  examiner.  . .  .$  3,000  per  annum 

5  Insurance  clerks  at  $1,800  each.$  9,000  per  annum 

3  Insurance  clerks  at  $1,500  eaeh.$  4,500  per  annum 
3  Stenographers  at  $1,200  each.  .$  3,600  per  annum 
1      Stenographer     and     insurance 

clerk    $  1,500  per  annum 

1  Watchman   $      960  per  annum 

1   Messenger   $  1,000  per  annum 

1  Examiner $  3,000  per  annum   [Vetoed] 

1  Examiner  $  2,400  per  annum  [Vetoed] 

1  Stenographer  $  1,200  per  annum  [Vetoed] 

For  per  diem  of  additional  examiners. $  7,500  per  annum 

For  extra  office  help $  2,000  per  annum 

For  •  office   expenses $     9,250.00 

For  travel   $  22,000.00 

For  repairs   $     1,750.00 

For  equipment    _. $ .       400.00 

For   contingencies    * $     2,000.00 

(Total^for  Division  of  Insurance,  $179,720.00.) 

Department  of  Trade  and  Commerce, 

Division  of  Chicago  Grain  Inspection. 
(72)      To  the  Department  of  Trade  and  Commerce: 

For  salaries  and  wages $473,760.00 

For  the  following  positions  at  not  to   exceed  the  annual 
rates  herein  specified : 

1  Assistant  chief  inspector $  4,500  per  annum 

1    Chief    supervisor $  3,000  per  annum 

3  Supervising  inspectors  at  $2,700 

each    $  8,100  per  annum 

1  Laboratory  supervisor $  2,400  per  annum 

20  Class  "A"  inspectors  at  $2,400 

each    $48,000  per  annum 

10   Class  "B"  inspectors  at  $1,800 

each    $18,000  per  annum 

30  Grain  samplers  at  $1,500  each. $45,000  per  annum 

26  Grain  helpers  at  $1,320  each.  .$34,320  per  annum 

4  Grain  clerks  at  $1,320  each...$  5,280  per  annum 

6  Grain  clerks  at  $1,500  each $  9.000  per  annum 

5  Grain  clerks  at  $1,620  each...$  8,100  per  annum 
3  Grain  clerks  at  $1,740  each.  .  .$  5,220  per  annum 

1   Clerk $  1,800  per  annum 

1  Chief  clerk  and  auditor $  4.200  per  annum 


196 


APPROPRIATIONS. 


1  Chief  record  clerk $  2,400  per  annum 

1   Assistant   record   clerk $  2,000  per  annum 

1   Bookkeeper    $  2,000  per  annum 

1  Eegistrar   $  2,500  per  annum 

1  Assistant    registrar .  .$  1,800  per  annum 

2  Stenographers  at  $1,200  each.  .$  2,400  per  annum 
1  Stenographer  and  bookkeeper.  .$  1,500  per  annum 
4  Certificate  writers    (Typists)    at 

$1,050  each . . .  .$  4,200  per  annum 

1   Telephone  operator $      960  per  annum 

1  Messenger   (with  auto  truck)  .  .$  1,800  per  annum 

2  Bulletin    messengers    at    $1,200 

each    $  2,400  per  annum 

1    Janitor    $  1,000  per  annum 

For   overtime    $  15,000  per  annum 

For   office   expenses $  36,700.00 

For  travel    $  10,000.00 

For  operation   $     6,300.00 

For  repairs    $     2,400.00 

For  equipment    $  10,000.00 

For   contingencies    $     5,000.00 

(Total  for  Division  of  Chicago  Grain  Inspection  $544,160.00.) 


Department  of  Trade  and  Commerce 

Division  of  East   St.   Louis   Grain   Inspection. 
(73)      To  the  Department  of  Trade  and  Commerce: 

For  salaries  and  wages $  56,740.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1    Superintendent   of   inspection.  .$  3,000  per  annum 

1  Eegistrar  and  chief  clerk $  2,350  per  annum 

1    Clerk    $  1,800  per  annum 

1  Supervising  grain  inspector.  ..  .$  2,250  per  annum 

2  Deputy     grain     inspectors      at 

$2,100  each    $  4,200  per  annum 

1  Deputy  grain   inspector $  1,650  per  annum 

2  Deputy     grain      inspectors      at 

$1,560  each $  3,120  per  annum 

5  Grain  samplers  at  $1,380  each.$  6,900  per  annum 
2   Grain  helpers  at  $1,200  each.  .$  2,400  per  annum 

For  janitor  service $      200  per  annum 

For   overtime    $      500  per  annum 

For   office    expenses $     3,600.00 

For  travel   $     1.400.00 

For  operation   $     1,600.00 

For  repairs    $     1.000.00 

For  equipment    $     1,000.00 

For   contingencies $     1,000.00 

(Total  for  Division  of  East  St.  Louis  Grain  Inspection.  $66,340.00.) 


APPROPRIATIONS.  197 


Department  of  Trade  and  Commerce. 

Division  of  Fire  Prevention 

(74)  To  the  Department  of  Trade  and  Commerce: 

For  salaries  and  wages $122,260.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified: 

1  Assistant  Fire  Marshal $  2,220  per  annum 

1  Second  Assistant  Fire  Marshal. $  2,220  per  annum 
1  Supervisor  of  fire  prevention ...  $  2,220  per  annum 
1  Supervisor  of  investigations.  .  .  .$  2,220  per  annum 

1  Deputy   $  2,000  per  annum 

'24  Deputies  at  $1,500  each $36,000  per  annum 

5  Stenographers  at  $1,200  each. .  .$  6,000  per  annum 

1  Filing  clerk  and  messenger $  1,000  per  annum 

For   fees   to   town   clerks,   mayors   and 

fire  chiefs $  6,000  per  annum 

For  special  stenographic  services $  1,250  per  annum 

For  office  expenses. $     9,800.00 

For  travel $  47,000.00 

For  repairs   $        600.00 

For  equipment    $     1,000.00 

For  contingencies    $     2,000.00 

For   services  and  expenses   for   investigations   and  inspec- 
tions     " $  13,000.00 

(Total  for  Division  of  Fire  Prevention  $195,660.00.) 

Department  of  Trade  and  Commerce. 

Division  of  Weights  and  Measures. 

(74i/o)      To  the  Department  of  Trade  and  Commerce: 

For  salary  and  wages $  21,000.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified : 

For  7  inspectors  at  $1500  each.  .$10,500  per  annum 

For  travel   $  19.200.00 

For  operation    $     4,200.00 

For  equipment    $     5.800.00 

(Total  for  Division  of  Weights  and  Measures,  $50,200.00. )    [Vetoed] 

Department  of  Trade  and  Commerce. 

Division  of  Public  Utilities. 

(75)  To  the  Department  of  Trade  and  Commerce: 

For  salaries  and  wages $448,040.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified : 

Executive  Section. 

1  Assistant  secretary   $  3,500  per  annum 

1  Bookkeeper   $  1,500  per  annum 


198  APPROPRIATIONS. 


1  Private    secretary    to    Chairman 

of  Commission    $  3,600  per  annum 

4  Private     secretaries     at     $3,000 

each    $12,000  per  annum 

3  Examiners  at  $3,600  each $10,800  per  annum 

1  Stenographer  and  file  clerk $  1,500  per  annum 

7  Stenographers  at  $1,200  each.  .  .$  8,400  per  annum 

2  Stenographers  at  $1,000  each.  .  .$  2,000  per  annum 

1  Digest  clerk $  3,000  per  annum 

1  Docket  and  filing  clerk $  1,800  per  annum 

4  Filing  clerks  at  $1,200  each...$  4,800  per  annum 

1  Mailing  clerk $  1,000  per  annum 

1  Typist $  1,020  per  annum 

1  Messenger   $  1,000  per  annum 

1  Utilities  contract  expert $  3,000  per  annum 

Engineering  Section. 

1  Chief  engineer $  6,000  per  annum 

1  Assistant  chief  engineer $  4,500  per  annum 

1  Railroad  engineer $  4,000  per  annum 

1  Assistant  railroad  engineer $  2,400  per  annum 

1  Gas  engineer   $  4,000  per  annum 

1  Assistant  gas  engineer $  2,400  per  annum 

1  Telephone  engineer $  3,600  per  annum 

1  Assistant  telephone  engineer.  . .  .$  2,400  per  annum 

1  Electrical  engineer $  4,200  per  annum 

1  Assistant  electrical  engineer.  .  .  .$  2,400  per  annum 

1  Service  engineer $  3,600  per  annum 

1  Water  and  heat  engineer $  3,600  per  annum 

1   Assistant  water  and  heat  engi- 
neer     $  2,400  per  annum 

13  Assistant  engineers  at  $1,200  to 

$2,100  each $23,400  per  annum 

1  Utilities  rate  clerk $  2,000  per  annum 

2  Railroad    inspectors    at    $1,800 

each    $  3,600  per  annum 

1  Statistician   $  2,400  per  annum 

1   Office  engineer .$  2,100  per  annum 

1  Draftsman   $  1,500  per  annum 

1  Piling  clerk $  1,200  per  annum 

7  Stenographers  at  $1,200  each.  .  .$  8,400  per  annum 

3  Stenographers  at  $1,000  each.  .  .$  3,000  per  annum 
1   Messenger    $  900  per  annum 

Accounting  Section. 
1  Chief  accountant   $  6,000  per  annum 

1  Assistant  chief  accountant $  3,500  per  annum 

2  Examiners  of  accounts  at  $2,700 

each    $  5,400  per  annum 

1  Assistant  accountant   $  2,100  per  annum 


APPROPRIATIONS.  199 


2  Assistant  accountants  at  $1,800 

each    $  3,600  per  annum 

1  Assistant  accountant  $  1,500  per  annum 

1   Statistician    $  2,400  per  annum 

1  Assistant  statistician $  2,000  per  annum 

3  Stenographers  at  $1,200  each.  ..$  3,600  per  annum 

2  Stenographers  at  $1,000  each.  .  .$  2,000  per  annum 

Transportation  Eate  Section. 
1  Transportation  rate  expert $  5,000  per  annum 

1  Assistant     transportation      rate 

expert    $  3,300  per  annum 

2  Tariff  clerks  at  $1,500  each $  3,000  per  annum 

1  Eate  clerk $  2,400  per  annum 

2  Stenographers  at  $1,200  each.  .$  2,400  per  annum 

For  janitor  service $      900  per  annum 

For   court   reporting .' .  .$20,800  per  annum 

For   fees $  1,200  per  annum 

For   office   expenses $  42,300.00 

For  travel   $  70,000.00 

For  operation   $  800.00 

For  repairs    $  4,000.00 

For  equipment    $  6,000.00 

For   contingencies    $  4,000.00 

For  valuations   and   investigations $100,000.00 

(Total  for  Division  of  Public  Utilities,  $675,140.00.) 

Department  of  Eegistration  and  Education. 

General  Office. 

(76)  To  the  Department  of  Eegistration  and  Education: 

For  salaries  and  wages $  16,640.00 

For  the  following  positions  at  not  to   exceed  the   annual 
rates  herein  specified: 

1   Private  secretary $  2,400  per  annum 

1    Stenographer    $  1,200  per  annum 

1    Stenographer    $  1,000  per  annum 

1    Clerk    . $  1,320  per  annum 

1  Cashier  and  business  manager.  .$  2,400  per  annum 

For  travel    $  10,000.00 

(Total  for  the  General  Office  of  the  Department  of  Eegistration 

and  Education,  $26,640.00.) 

Department  of  Eegistration  and  Education. 

Division  of  Eegistration. 

(77)  To  the  Department  of  Eegistration  and  Education: 

For  salaries  and  wages ! $119,680.00 


200  APPROPRIATIONS. 


For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified: 

1  Assistant  in  professional  educa- 
tion  $  2,400  per  annum 

3  Inspectors  at  $1,800  each $  5,400  per  annum 

2  Inspectors  at  $1,500  each $  3,000  per  annum 

1  Inspector   $  1,200  per  annum 

4  Clerks  at  $1,200  each $  4,800  per  annum 

1   Clerk    $  1,800  per  annum 

1    Clerk    $  1,620  per  annum 

1  Clerk    $  1,800  per  annum 

2  Clerks   at   $1,320   each ,  . .  .$  2,640  per  annum 

1    Stenographer    $  1,800  per  annum 

4  Stenographers  at  $1,200  each.  .$  4,800  per  annum 

1   Stenographer  and  clerk $  1,000  per  annum 

1  Messenger  and  stock  clerk $  1,080  per  annum 

1   Chemist    $  1,500  per  annum 

1    Clerk    .  .$  1,500  per  annum 

1    Stenographer  and  clerk $  1,800  per  annum 

For  per  diem  examining  commit- 
tees     $18,000  per  annum 

For  monitor  and  extra  help $  2,200  per  annum 

For  manager  (Chicago  office)  .  . .  .$  1,500  per  annum 

For   office    expenses $  21,500.00 

For    travel    $  27,400.00 

For  operation $        500.00 

For  repairs   $     1,000.00 

For  equipment    ' $     2,600.00 

For   contingencies    $     2,000.00 

For  refunding  examination  fees $     4,000.00 

(Total  for  Division  of  Eegistration,  $178,680.00.) 

Department  of  Eegistration  and  Education. 

Division  of  State  Museum. 
(78)      To  the  Department  of  Eegistration  and  Education: 

For  salaries  and  wages $  15,000.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1   Chief    $  3,800  per  annum 

1  Assistant  curator $  1,500  per  annum 

1   Janitor  and  custodian $  1,200  per  annum 

For  extra  help $  1,000  per  annum 

For   office   expenses $     3,000.00 

For  travel    $     1,000.00 

For  repairs   $     1.500.00 

For  equipment    $     6,000.00 

(Total  for  Division  of  State  Museum,  $26,500.00.) 


APPROPRIATIONS.  201 


Department  of  Registration  and  Education. 

Division  of  Natural  History  Survey. 

(79)  To  the  Department  of  Eegistration  and  Education: 

For  salaries  and  wages $  53,500.00 

For  the  following  positions  at  not  to  exceed  the   annual 
rates  herein  specified : 

1    Chief   of   Division $  4,000  per  annum 

0  Entomologists .  .$10,700  per  annum 

1  Biologist    $  2,000  per  annum 

3  Clerks  and  stenographers $  3,500  per  annum 

1    Forester    $  3,000  per  annum 

For  fees   $        50  per  annum 

For  part  time  services  of  biolog- 
ists,    entomologists,     engineers, 

librarian,    janitors    and    student 

help    $  3,530  per  annum 

For  office  expenses $  1,285.00 

For  travel $  8,000.00 

For  operation $  3,000.00 

For  repairs    $  2,500.00 

For  equipment    $  1,150.00 

For  contingencies .' $  1,000.00 

(Total  for  Division  of  Natural  History  Survey,  $70,495.00.) 

Department  of  Registration  and  Education. 

Division  of  State  Geological  Survey. 

(80)  To  the  Department  of  Registration  and  Education: 

For  salaries  and  wages $  73,149.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified : 

1  Chief  of  Division $  5,000  per  annum 

For  geologist,  first  year $10,045 

second  year   $  9,045 

For  geologist  (for  sand  and  gravel 
investigation)  $2,500  per  an- 
num,   part    time    service     (7^ 

months)    $  1,502.50  per  annum 

For  geologist  (for  investigation  of 
hard  rocks),  $2,220  per  annum 

(First  year)    (part  time) $  1,020 

(Second  year)    $  2,220 

For  assistant  geologists $  3,555  per  annum 

For   assistant   geologists,    approxi- 
mately three,  part  time  service, 
at  not  to  exceed  $125  per  month.$  1,937  per  annum 
For    technical    employees     (Study 

of  land  drainage) $  2,700  per  annum 

For  stenographers $  3,420  per  annum 


202  APPROPRIATIONS. 


For  scientific     and     clerical     help 

(First  year)    $  6,970 

(Second  year)    $  6,300 

For  office  expenses $     3,790.00 

For  travel    $  21,100.00 

For  operation   $     4,250.00 

For  repairs   $     2,200.00 

For  equipment    $     1,515.00 

For  contingencies $     1,000.00 

For  topographic   surveys $  30,000.00 

(Total  for  Division  of  Geological  Survey,  $137,004.00.) 

Department  of  Eegistration  and  Education 

Division  of  State  Water  Survey. 

(81)  To  the  Department  of  Eegistration  and  Education: 

For  salaries  and  wages $  46,600.00 

1  Chief  of  Division  (part  time)  at 

not  to  exceed $  3,000  per  annum 

For   engineers,    chemists   and   bac- 
teriologists   $12,300  per  annum 

For     chief      clerk,      editor      and 

stenographer    $  4,000  per  annum 

For  janitors  and  day  laborers.  .  .  .$  4,000  per  annum 

For  office  expenses $     1,600.00 

For  travel    $     5,000.00 

For  operation    $     3,500.00 

For  repairs    $     2,500.00 

For  equipment   $  10,800.00 

For    contingencies $     1,000.00 

(Total' for  Division  of  Water  Survey,  $71,000.00.) 

Department  of  Eegistration  and  Education. 

Division  of  Immigrants'  Commission. 

(82)  To  the  Department  of  Eegistration  and  Education: 
For  defraying  the  expenses  of  the  Immigrants'  Commission 

in  discharging  the  duties  imposed  by  law $  15,000.00 

The  Adjutant  General 

(83)  To  the  Adjutant  General: 

For  salaries  and  wages $  53,400.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1  Chief  clerk $  2,400  per  annum 

1  Eecord  clerk $  2,000  per  annum 

]  Private  secretary $  2,100  per  annum 

1  Stenographer $  1,500  per  annum 

1  Special  order  clerk $  1,500  per  annum 


APPROPRIATIONS.  203 


1   Stenographer    $  1,200  per  annum 

3  Stenographers  at  $900  each $  2,700  per  annum 

3  Clerks  at  $1,200  each $  3,600  per  annum 

1  Custodian  Memorial  Hall $  1,300  per  annum 

1  Custodian  State  Arsenal $  1,500  per  annum 

1  Bookkeeper  State  Arsenal $  1,500  per  annum 

2  Watchmen     State     Arsenal     at 

$1,000  each  $  2,000  per  annum 

1  Custodian  Camp  Lincoln $  1,200  per  annum 

1  Ordnance  sergeant   $  1,200  per  annum 

1  Messenger  $  1,000  per  annum 

For   office   expenses $  13,650.00 

For  travel   $  20,000.00 

(Total  for  General  Office  of  The  Adjutant  General,  $87,050.00.) 

The  Adjutant  Geneeal 

Illinois  National  Guard  and  Naval  Eeserve 

(84)  To  the  Adjutant  General: 

For  salaries   and   wages $190,000.00 

For  travel   $114,000.00 

For  operation   $548,000.00 

For  repairs.   (Arsenal  and  Bine  Eange) $  20,000.00 

For  repairs  (Bepairing,  paving  and  equipping  Third  Regi- 
ment Armory  at  Ottawa) $  12,874.00 

(Total  for  Illinois  National  Guard  and  Naval  Eeserve,  $884,874.00.) 

The  Adjutant  Geneeal. 

Soldiers'  and  Sailors'  Service  Eecords. 

(85)  To  the  Adjutant  General: 

For  salaries  and  wages $  12,000.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1  War  record  clerk $  3,000  per  annum 

1  Assistant  war  record  clerk $  2,000  per  annum 

1    Stenographer    $  1,000  per  annum 

For   office   expenses $     2,000.00 

For  travel $     2,000.00 

For  equipment   $     1,000.00 

(Total  for  Soldiers'  and  Sailors'  Service  Eecords,  $17,000.00.) 

The  Adjutant  Geneeal. 

Locating,  Eecording  and  Eeporting  the  Burial  Places  of  Soldiers  and 

Sailors. 

(86)  To  the  Adjutant  General: 

For  salaries  and  wages $     3,600.00 

1  Inspector  at  not  to  exceed  $1,800  per  annum. 


204  APPROPRIATIONS. 


For  travel    $     4,000.00 

For  transportation  and  setting  of  headstones $     2,400.00 

(Total  for  Locating,  Recording  and  Reporting  the  Burial  Places 
for  Soldiers  and  Sailors,  $10,000.00.) 

Civil  Service  Commission. 

(87)  To  the  Civil  Service  Commission: 

For   salaries   and  wages $  50,570.00 

For  the  following  positions  at  not  to  exceed  the  annual 
rates  herein  specified : 

1  Assistant   examiner $  2,400  per  annum 

2  Assistant    examiners    at    $1,800 

each    $  3,600  per  annum    . 

3  Stenographers  at  $1,200  each..$  3,600  per  annum 
2  Stenographers  at  $1,080  each.  .$  2,160  per  annum 
2  Stenographers     and     Clerks     at 

$1,500  each   $  3,000  per  annum 

1  Filing  clerk $  1,200  per  annum 

1   Pay  roll  clerk $  1,320  per  annum 

1    Pay   roll   clerk $  1,200  per  annum 

1   Messenger    $  1,080  per  annum 

For  local  medical  examinations.  .$  225  per  annum 
For  special  examiners   (per  diem)$  4,000  per  annum 

For    extra    help $  1,500  per  annum 

For    office   expenses $     9,520.00 

For  travel   $     3,600.00 

For  repairs    $        600.00 

For  equipment    $        600.00 

For   contingencies    $     2,000.00 

(Total  for  Civil  Service  Commission,  $66,890.00.) 

Legislative  Reference  Bureau. 

(88)  To  the  Legislative  Reference  Bureau: 
For  salaries  and  wages : 

For   1   secretary $  5,000  per  annum 

For    librarian,     bill     drafters,     clerks, 
stenographers,   messenger    and    extra 

help    $18,700  first  year 

$24,400  second  year 

Total  for  salaries  and  wages $  53,100.00 

For   office   expenses $     2,050.00 

For  travel    . $     4,000.00 

For  repairs    $        600.00 

For  equipment    $     2,000.00 

For   contingencies    $     2,000.00 

For  the  compilation  and  publication  of  information  and 
data  for  the  use  of  the  delegates  to  the  Constitutional 
Convention,  for  the  collection,  classification  and  catalog- 


APPROPRIATIONS.  205 


ing  of  such  data,  and  for  the  expense  of  furnishing  to 
delegates  such  information  or  assistance  as  may  be  re- 
quested   $  30,000.00 

(Total  for  Legislative  Reference  Bureau,  $93,750.00.) 

Illinois  State  Historical  Library. 

(89)  To  the  Illinois  State  Historical  Library: 

For  salaries  and  wages $  23,340.00 

Lor  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified : 

1  Assistant  librarian   $  1,800  per  annum 

1  Stenographer  and  record  clerk.. $  1,500  per  annum 

1  Cataloger $  1,000  per  annum 

1  Janitor  and  messenger $      900  per  annum 

1  General  editor   (Urbana) $  1,750  per  annum 

1  Assistant  editor  (Urbana) $  1,320  per  annum 

1   Stenographer   (Urbana) $      900  per  annum 

For  temporary  employes $  1,000  per  annum 

For     temporary     employes      (Ur- 
bana)     $  1,500  per  annum 

For  office  expenses . : $     5,000.00 

For  travel    $     2,000.00 

For  repairs    $        400.00 

For  equipment    $     7,000.00 

For  Illinois  State  Historical  Society $     4,000.00 

For  War  History $  20,000.00 

(For  preservation  and  collection  of  materials  relating 
to  the  participation  of  Illinois  in  the  war  with  Ger- 
many and  Austria-Hungary.) 
(Total  for  Illinois  State  Historical  Library,  ($61,740.00.) 

Illinois  State  Library. 

(90)  To  the  Secretary  of  State  for  the  Illinois  State  Library: 

For  salaries  and  wages $  19,600.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 

herein  specified : 

1  Assistant  librarian   $  1,800  per  annum 

1  Eeference  assistant  librarian. .  .  .$  1,500  per  annum 

3  Catalogers  at  $1,200  each $  3,600  per  annum 

1  Loan  desk  assistant  librarian. .  .$  1,200  per  annum 

1  Stenographer $  1,200  per  annum 

For  extra  help $      500  per  annum 

For  office  expenses $     2,300.00 

For  travel   $        500.00 

For  repairs   '. $     1,150.00 

For  equipment   $  10,500.00 

For  contingencies $        400.00 

(Total  for  Illinois  State  Library,  $34,450.00.) 


206  APPROPRIATIONS. 


Library  Extension  Commission. 

(91)  To  the  Secretary  of  State  for  the  Library  Extension  Com- 
mission : 

For  salaries  and  wages $  10,900.00 

For  the  following  positions  at  not  to  exceed  the  annual  rates 
herein  specified: 

1  Secretary   $  1,800  per  annum 

1  Assistant  librarian  $  1,200  per  annum 

1  Stenographer $  1,000  per  annum 

1  Organizer $  1,100  per-  annum 

For  extra  help .  . .  .$      350  per  annum 

For  office  expenses '. $     2,200.00 

For  travel $     2,000.00 

For  repairs    $        250.00 

For  equipment    $  10,000.00 

(Total  for  Library  Extension  Commission,  $25,350.00.) 

Uniform  Laws  Commission. 

(92)  To  the  Commission  for  the  Uniformity  of  Legislation  in  the 
United  States: 

For  salaries  and  wages $  400.00 

For  office  expenses.  .  .- $  400.00 

For  travel   $  1,500.00 

(Total  for  Uniform  Laws  Commission  $2,300.) 

Board  for  Vocational  Education. 

(93)  To  the  Board  for  Vocational  Education: 

For  salaries  and  wages $  20,000.00 

For  office  expenses $     3,500.00 

For  travel   1 $     4,800.00 

For  equipment    $     1,750.00 

For  contingencies $     1,000.00 

For  distribution  to  local  school  authorities  for  approved 
courses  in  vocational  subjects  and  to  teacher-training  in- 
stitutions for  approved  teacher-training  courses $369,389.97 

(Total  for  Board  for  Vocational  Education  $400,439.97.) 

Centennial  Memorial  Building. 

(94)  To  the  Department  of  Public  Works  and  Buildings, 

for  the  preparation  of  plans  and  specifications  and 
other  necessary  expenses  and  for  the  construction 
of  the  Centennial  Memorial  Building $900,000.00 

Deaf,  Blind  and  Delinquent  Children. 

(95)  To  the  boards  of  education  named,  to  cover  the  ex- 

cess cost  for  educating  the  deaf,  blind  and  delin- 
quent children,  as  provided  for  by  an  Act  entitled, 


APPROPRIATIONS.  207 


"An  Act  to  enable  school  directors  and  boards  of 
education  to  establish  and  maintain  classes  and 
schools  for  deaf  and  blind,  and  providing  for  the 
payment  from  the  State  treasury  of  the  excess 
cost  of  maintaining  and  operating  such  classes 
and  schools  over  the  cost  of  maintaining  and  oper- 
ating elementary  schools  for  normal  children," 
approved  June  2,  1911,  in  force  July  1,  1911, 
and  under  an  Act  entitled,  "An  Act  to  enable 
school  directors  and  boards  of  education  to  estab- 
lish and  maintain  classes  and  schools  for  delin- 
quent children  committed  by  courts  of  com- 
petent jurisdiction  and  providing  for  the  pay- 
ment  from  the  State  treasury  for  the  excess  cost 
of  maintaining  and  operating  such  classes  and 
schools  over,  the  cost  of  maintaining  and  operat- 
ing elementary  schools  for  normal  childdren/'  the 
following  sums: 
To  the  board  of  education  of  District  No.  131,  situated  in 
Rochelle,  in  the  county  of  Ogle  and  State  of  Illinois, 

$770  per  annum ' $     1,540.00 

To  the  board  of  education  of  the  City  of  Chicago :  For 
the  excess  cost  of  educating  delinquent  children,  $151,810 

per  annum    $303,620.00 

To  the  hoard  of  education  of  the  City  of  Chicago :  For  the 
excess   cost   of   educating    deaf    children,    $35,750    per 

annum $  71,500.00 

To  the  board  of  education  of  the  City  of  Chicago :  For  the 
excess  cost  of  educating  blind  children,  $5,500  per  an- 
num    $  11,000.00 

To  the  board  of  education  of  District  No.  131,  situated  in 
Aurora,  in  the  county  of  Kane  and  State  of  Illinois :  For 
the  excess  cost  of  educating  the  deaf  and  blind,  $950 

per   annum    $     1,900.00 

(Total  for  Deaf,  Blind  and  Delinquent  Children,  $389,560.) 

(96)  To  the  Department  of  Finance: 

For  payment  of  awards  made  by  the  Industrial  Commis- 
sion for  personal  injuries  sustained  by  persons  in  the 
employ  of  the  State  when  in  the  scope  of  their  employ- 
ment     $  25,000.00 

(97)  To  the  Secretary  of  State,  as  Chairman  of  a  Com- 

mission composed  of  himself,  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Repre- 
sentatives : 
For   repairing,   decorating,   furnishing,   refitting    and    re- 
modeling the  Senate  Chamber  and  the  Hall  of  the  House 
of  Representatives  and  any  other  necessary  remodeling, 
repairing,  refitting  or  decorating  of  the  Capitol  Building  $  80,000.00 


208  APPROPRIATIONS. 


(The  work  contemplated  by  this  appropriation  shall  be 
done  under  the  direction  and  discretion  of  the  commis- 
sion named,  and  bills  and  vouchers  for  material  and 
service  shall  be  signed  by  not  less  than  two  members  of 
the  said  commission). 

(98)  To  the  Secretary  of  State: 

For  paying  the  State's  portion  of  special  assessments  for 
local  improvements  made  by  the  city  of  Charleston  in, 
upon  and.  along  a  certain  street  upon  which  property  of 
the  State  abuts,  namely: 

For  paving  with  brick  the  south  one-half  of  Lincoln  Ave- 
nue, in  the  city  of  Charleston,  lying  immediately  in  front 
of  the  State  Normal  School  grounds,  namely,  from  the 
west  line  of  Fourth  Street  to  a  point  seven  (7)  feet  west 
of  the  east  line  of  Seventh  Street,  together  with  court 
costs,  the  cost  of  levying  and  spreading  assessments,  in- 
spection fees,  and  all  necessary  and  legal  expenses  at- 
tending the  same,  pursuant  to  law $     4,553.05 

Claims. 

(99)  To  the  Manufacturers'  Office  Equipment  Company, 

101  S.  Wells  Street,  Chicago,  Illinois,  for  desks, 
chairs,  glass  tops,  table  and  filing  cabinet  furn- 
ished to  the  Secretary  of  the  Senate $        462.00 

(100)  To  the  following  named  persons  for  per  diem  earn- 

ed, traveling  expenses  incurred,  supplies 
furnished  and  services  rendered  on  account  of 
the  Illinois  State  Board  of  Examiners  of  Archi- 
tects prior  to  July  1,  1917,  shown  to  be  due  and 
unpaid  by  the  official  records  of  said  board : 

N".  Clifford  Richer,  per  diem $        235.00 

Leonard  F.  W.  Stuebe,  traveling  expenses.  .  .    $  92.86 

Michael  B.  Kane,  per  diem $        155.00 

Joseph  T.  Fortin,  per  diem $  70.00 

Francis  M.  Barton,  per  diem $  40.00 

Barnard   &   Miller,   printing  briefs   in  Brau- 

cher  case   $  85.75 

Barnard   &   Miller,   printing  briefs   in   Brau- 

cher  case   $  16.15 

A.  A.  Oldfield,  services  as  court  reporter.  ...   $  20.00 

Chicago  Telephone  Company,  tolls $  7.07 

Agents,   Conway  Building,   Chicago,  for    ice, 

light  and  water $  4.57 

(101)  To  James  L.  O'Connor,  1622  Marshall  Field  An- 

nex Building,  Chicago,  Illinois,  for  money  paid 
out  by  him  on  behalf  of  the  Illinois  Charitable 
Eye  and  Ear  Infirmary,  when  superintendent 
of  said  institution,  said  money  being  on  deposit 
with  Graham  and  Son,  Bankers,  659-661    West 


APPROPRIATIONS.  209 


Madison  Street,  Chicago,  Illinois,  in  the  name  of 
said  institution  at  the  time  of  the  failure  and 
declaration  of  insolvency  of  said  Graham  and 
Son,  Bankers   $        467.84 

(102)  To  Daily  and   O'Brien,   Peoria,  Illinois,  for  bal- 

ance on  account  of  water  distribution  system 
contract  at  the  Dixon  State  Colony  in  accord- 
ance with  the  recommendation  of  the  supervising 
engineer  contained  in  certificate  number  5  bear- 
ing date  of  October  7,  1918 $     5,260.56 

(103)  To  Anthony  J.  Kochly,  for  balance  due  for  services 

rendered  as  a  member  of  the  Board  of  Examiners 

of  Horseshoers    $  70.00 

(104)  To  Godfrey  A.  Schroeder,  for  refund  of  money  ex- 

pended by  him  on  or  about  April  27,  1898,  as  a 
private  in  the  Illinois  National  Guard  on  the  or- 
der of  his  commanding  officer $  37.50 

(105)  To  Edward  E.  Allen,  6027  Prairie  Avenue,  Chi- 

cago, Illinois,  for  refund  of  corporation  fees  paid 
to  the  Secretary  of  State  about  October  5,  1915, 
and  by  him  paid  into  the  State  treasury  in  the 
matter  of  the  incorporation  of  the  Edward  E. 
Allen  Manufacturing  Company,  said  corporation 
never  having  been  organized $        120.00 

(106)  To  Joseph  J.  Kroupa,  720  Eeaper  Block,  Chicago, 

Illinois,  for  refund  of  corporation  fees  paid  to  the 
Secretary  of  State  about  June  21,  1917,  and  by 
him  paicl  into  the  State  treasury  in  the  matter  of 
the  corporation  of  the  Pi.  Gottlieb  Company,  said 
corporation  never  having  been  organized $  65.00 

(107)  To  Matthias  Aller,  1425  Fargo  Avenue,  Chicago, 

Illinois;  for  refund  of  corporation  fees  paid  by 
him  to  the  Secretary  of  State  about  March  27, 
1917,  and  by  him  paid  into  the  State  treasury  in 
the  matter  of  the  incorporation  of  the  Lincoln 
Cemetery  Company,  said  corporation  never  having 
been  organized   .  . $        195.00 

(108)  To  Eichard  J.  Murphy,  4821  Dorchester  Avenue, 

Chicago,  Illinois,  for  refund  of  corporation  fee 
paid  to  the  Secretary  of  State  about  May  8,  1913, 
and  by  him  paid  into  the  State  treasury  in  the 
matter  of  the  incorporation  of  the  North  Branch 
Warehouse  Company,  said  corporation  never 
having  been  organized $        295.00 

(109)  To  J.  D.  Pagan  for  services  rendered  during  foot 

and  mouth  quarantine $  59.50 

(110)  To  the  Secretary  of  State,  for  the  purchase  of  a 

painting  of  the  Pourth  Lincoln-Douglas  Debate  $     1,500.00 

—14  L 


210  APPROPRIATIONS. 


(111)  To    the    National    Implement    Vehicle    Show,    for 

earned  State  aid  to  county  fairs,  unpaid $     3,733.15 

(112)  To  William  F.  Downs,  for  money  due  in  accordance 

with  the  findings  of  the  Circuit  Court  of  San- 
gamon County $     1,190.00 

(113)  To  Arthur  Young  and  Company,  for  stenographic 

services,  rent  and  supplies  rendered  and  furnished 
in  indexing  and  proofing  the  final  report  of  the 
Pension  Laws  Commission $     1,100.00 

(114)  ^o  Mrs.  J.  L.  Pearson,  widow  of  J.  L.  Pearson, 

former  chief  engineer  at  the  Elgin  State  Hos- 
pital, who  was  scalded  hy  a  bursting  high-pressure 
steam  pipe  while  engaged  in  repairing  the  same, 
said  Pearson  later  dying  as  a  result  of  his  in- 
juries       $     3,500.00 

Ee-appropriatioxs. 

§  2.  That  the  following  named  sums,  or  so  much  thereof  as  may 
be  unexpended  at  the  close  of  business  June  30,  1919,  to  the  extent  that 
same  may  be  necessary,  respectively,  are  hereby  re-appropriated  out  of 
appropriations  heretofore  made  to  the  respective  officers  and  departments 
hereinafter  mentioned,  as  follows: 

To  the  Adjutant  General,  for  procuring  of  site  and 
erection  of  an  armory  for  the  use  of  the  Illinois 
National  Guard  at  Kankakee, $  75,000.00 

To  the  Adjutant  General,  for  procuring  of  site  and 
erection  of  an  armory  for  the  use  of  the  Illinois 
National  Guard  and  Illinois  Naval  Eeserve  at 
Peoria $  32,800.00 

To  the  Department  of  Public  Works  and  Buildings, 
for  the  preparation  of  plans  and  specifications  and 
other  necessary  expenses  for  the  construction  of  the 
Centennial  Memorial  Building $  85,000.00 

To  the  Department  of  Public  Works  and  Buildings, 
for  exnenses  and  improvements  at  the  State  Park 
at  Fort  Chartres    $  12,250.00 

To  the  Vicksburg  Military  Statue  .Commission,  for 
the  purpose  of  carrying  out  the  provisions  of  an  Act 
entitled,  "An  Act  to  provide  for  the  erection  of 
statues  or  other  monumental  commemoration  to 
General  Ulysses  S.  Grant  and  other  generals  from 
Illinois,  who  commanded  the  army,  a  corps,  or 
divisions,  during  the  campaign  and  siege  of  Vicks- 
burg, Mississippi,  and  to  make  appropriation  there- 
for", approved  June  28,  1915,  in  force  July  1,  1915.  .$     4,340.31 

§  3.  Appropriations  herein  made  shall  be  subject  to  all  the  pro- 
visions,  conditions    and   limitations   of   an   Act   entitled,    "An   Act   in 


APPROPRIATIONS. 


211 


relation  to  State  finance/'  approved  June   10,   1919,  in  force  July   1, 
1919. 

Approved  June  30,  1919. 


TUBERCULOSIS   AMONG  DOMESTIC  ANIMALS. 


§  1.  Cooperation   in   suppression. 

§  2.  To   make    tests. 

§  3.  Who   shall  make   tests. 

§  4.  Cattle   to   be   destroyed. 

§  5.  Owner   to   be   reimbursed. 


§   6.     Cattle  to  be  appraised. 

§   7.     When    no   reimbursement   shall   be 
made. 

§   8.     Appropriates    $100,000.00. 

§   9.     How  drawn. 


(House  Bill  No.   73.     Approved  June  28,   1919.) 

An  Act  in  relation  to  the  suppression,  eradication  and  control  of 
tuberculosis  among  domestic  cattle  and  to  provide  an  appropriation 
therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Department  of  Agri- 
culture shall  cooperate  with  the  United  States  Department  of  Agricul- 
ture in  the  suppression,  eradication  and  control  of  tuberculosis  among 
domestic  cattle. 

§  2.  The  Department  of  Agriculture  shall  have  the  power  to 
make  tests  for  the  purpose  of  ascertaining  whether  or  not  any  domestic 
animals  are  afflicted  with  tuberculosis.  No  such  tests  shall  be  made 
however,  except  upon  request,  or  with  the  consent  of  the  owner  of 
such  cattle,  and  the  expense  of  such  tests  shall  be  borne  by  the  owner, 
unless  said  owner  shall  make  application  to  have  his  entire  herd  of 
breeding  cattle  tested  annually,  or  semi-annually;  in  which  case,  the 
testing  shall  be  done  free  of  charge  under  the  direction  of  the  De- 
partment of  Agriculture  of  the  State  of  Illinois,  in  cooperation  with 
the  Department  of  Agriculture  of  the  United  States. 

§  3.  The  Department  of  Agriculture  shall  have  the  power  to 
authorize  any  competent  duly  authorized  representative  selected  by  the 
Department  of  Agriculture,  and  cooperating  with  the  Department  of 
Agriculture  of  the  United  States  to  make  the  tests  herein  provided. 

§  4.  If,  upon  making  any  tests,  as  provided  in  this  Act,  it  shall 
appear  that  any  cattle  are  affected  with  tuberculosis  and  that  the  pub- 
lic interests  would  best  be  served  by  the  destruction  of  such  cattle,  it 
shall  be  the  duty  of  the  Department  of  Agriculture  to  cause  the  de- 
struction thereof,  in  such  manner  as  may  be  deemed  most  expedient; 
but  no  such  cattle  shall  be  destroyed  except  with  the  consent  of  the 
owner  thereof:  Provided,  that  nothing  herein  contained  shall  be  con- 
strued to  appeal  or  modify  any  of  the  provisions  of  an  Act  entitled 
"An  Act  to  revise  the  law  in  relation  to  the  suppression  and  preven- 
tion of  the  spread  of  contagious  and  infectious  disease  among  domestic 
animals/'  approved  June  14,  1909,  in  force  July  1,  1909,  as  amended. 

§  5.  Subject  to  the  provisions  hereinafter  set  forth,  the  owner 
of  any  cattle  destroyed  under  the  provisions  of  this  Act  shall  be  re- 
imbursed for  the  loss  thus  sustained. 


212  APPROPRIATIONS. 


§  6.  If  any  cattle  tested  for  tuberculosis  under  the  provisions  of 
this  Act  shall  react  to  the  test,  and  the  owner  shall  consent  to  the 
destruction  thereof,  such  cattle  shall  be  appraised  by  a  board  of  ap- 
praisers, consisting  of  a  representative  of  the  United  States  Depart- 
ment of  Agriculture  and  a  representative  of  the  Department  of  Agri- 
culture of  the  State  of  Illinois.  In  case  of  a  failure  to  agree  on  the 
valuation,  or  if  the  owner  refuses  to  accept  the  appraised  value,  the 
two  appraisers,  together  with  the  owner,  shall  select  a  third  appraiser 
agreeable  to  all.  The  owner  shall  be  bound  by  the  appraisal.  The 
State  of  Illinois  shall  pay  to  the  owner  of  cattle  destroyed  under  the 
provisions  of  this  Act  one-third  of  the  difference  between  the  appraised 
value  of  such  cattle  and  the  proceeds  from  the  sale  of  the  salvage, 
which  the  owner  shall  receive,  provided  that  in  no  case  shall  any  pay- 
ment hereunder  exceed  $25.00  for  any  grade  animal  or  $50.00  for  any 
pure-bred  animal,  and  no  payment  shall  be  made  unless  the  owner  has 
complied  with  all  lawful  quarantine  regulations. 

§  7.  No  reimbursement  shall  be  made  to  any  person  who  is  not 
a  bona  fide  resident  of  the  State  of  Illinois  and  who  has  not  been  a 
bona  fide  owner  of  the  cattle  for  a  period  of  six  months  immediately 
preceding  the  test. 

§  8.  For  the  purpose  of  indemnifying  the  owners  of  tubercular 
cattle  destroyed  under  the  provisions  of  this  Act  and  for  the  purpose 
of  defraying  other  expenses  incidental  to  the  administration  of  this 
Act,  there  is  hereby  appropriated  the  sum  of  one  hundred  thousand 
dollars  ($100,000.00),  or  so  much  thereof  as  may  be  necessary  to  carry 
out  the  provisions  of  this  Act. 

§  9.  Upon  the  presentation  of  proper  vouchers  certified  to  as 
correct  by  the  Department  of  Agriculture  and  approved  by  the  Depart- 
ment of  Finance,  the  Auditor  of  Public  Accounts  is  authorized  and 
directed  to  draw  his  warrants  against  the  sum  hereby  appropriated. 

Approved  June  28,  1919. 


UNIVERSITY  OF  ILLINOIS. 

§    1.     Appropriates    $5,000,000.00 — main-        §   5.     Appropriates      $65,000.00      interest 
tenance.  .  on  endowment  fund. 

§   2.     Appropriates     $300,000.00  —  land        §   6.     Appropriates       $100,000.00  —  agri- 
and   buildings.  culture  and   mechanics. 

§   3.     Appropriates     $25,000.00 — military        §   7.     How  drawn, 
training. 

§   4.     Appropriations    subject    to    certain 
provisions. 

(House  Bill  No.    322.     Approved  June   23,   1919.) 

An  Act  making  appropriations  for  the  University  of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  There  is  hereby  appropriated 
to  the  University  of  Illinois  for  the  two  years  beginning  July  1,  1919, 
and  until  the  expiration  of  the  first  fiscal  quarter  after  the  adjourn- 
ment of  the  next  General  Assembly,  the  sum  of  five  million  dollars 
($5,000,000.00),   payable   only    out    of    money    paid   into    the     State 


APPROPRIATIONS.  213 


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,  for  the  following  objects  and  purposes: 

For  salaries  and  wages $  3,300,000.00 

For  office  expenses 150,000.00 

For    travel : 50,000.00 

For  operation    000,000.00 

For    repairs 200,000.00 

For    equipment 300,000.00 

For  permanent  improvements 200,000.00 

For    contingencies 200,000.00 

Total $5,000,000.00 

§  2.  There  is  hereby  appropriated  to  the  University  of  Illinois 
for  the  two  years  beginning  July  1,  1919,  and  until  the  expiration  of 
the  first  fiscal  quarter  after  the  adjournment  of  the  next  General  As- 
sembly, for  the  purchase  of  land  and  the  erection  of  buildings,  the 
sum  of  three  hundred  thousand  ($300,000)  dollars,  payable  out  of  any 
funds  in  the  State  treasury  not  otherwise  appropriated. 

§  3.  There  is  bereby  appropriated  to  the  University  of  Illinois 
for  the  two  years  beginning  July  1,  1919,  and  until  the  expiration  of 
the  first  fiscal  quarter  after  the  adjournment  of  the  next  General  As- 
sembly, the  sum  of  twenty-five  thousand  ($25,000)  dollars,  payable  out 
of  any  funds  in  the  State  treasury  not  otherwise  appropriated,  for  barns 
and  other  necessary  accommodations  to  establish  additional  branches  of 
military  training  desired  by  the  War  Department  of  the  United  States. 

§  4.  The  appropriations  made  in  sections  1,  2  and  3  of  this 
Act  shall  be  subject  to  all  the  provisions,  conditions  and  limitations  of 

an  Act  entitled,  "An  Act  in  relation  to  State  finance"  approved 

1919,  in  force  July  1,  1919. 

§  5.  There  is  hereby  appropriated  to  the  University  of  Illinois 
for  the  two  years  beginning  July  1,  1919  and  until  the  expiration  of 
the  first  fiscal  quarter  after  the  adjournment  of  the  next  General  As- 
sembly for  the  payment  of  interest  on  the  endowment  funds  of  said 
University  as  provided  by  section  2  of  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  interest  of  the  State  in  connection  therewith",  approved  and  in 
force  June  11,  1897,  the  sum  of  sixty-five  thousand  dollars  ($65,000.00), 
or  so  much  thereof  as  may  be  necessary. 

§  6.  The  sum  of  $100,000.00,  or  so  much  thereof  as  shall  accrue 
to  the  State  of  Illinois  under  the  provisions  of  an  Act  of  Congress  en- 
titled, "An  Act  to  apply  a  portion  of  the  proceeds  of  the  public  lands 
to  the  more  complete  endowment  and  support  of  the  colleges  for  the 
benefit  of  agriculture  and  the  mechanics  arts,  established  under  an  Act 
of  Congress,  approved  July  2,  1862,"  approved  August  30,  1890;  and 
an  Act  of  Congress  entitled,  'An  Act  making  appropriations  for  the 


214  APPROPRIATIONS. 


Department  of  Agriculture  for  the  fiscal  year  ending  June  30,  1908', 
approved  March  4,  1907,  during  the  two  years  beginning  July  1,  1919, 
is  hereby  appropriated  to  the  University  of  Illinois. 

Whenever  any  portion  of  said  sum  shall  be  received  by  the  State 
Treasurer  from  the  United  States,  it  shall  immediately  be  due  and 
payable  into  the  treasury  of  the  University  of  Illinois. 

§  7.  Upon  the  order  of  the  President  of  the  Board  of  Trustees 
of  the  University  of  Illinois,  countersigned  by  its  Secretary  and  with 
the  corporate  seal  of  said  University  attached  thereto,  the  Auditor  of 
Public  Accounts  is  hereby  authorized  and  directed  to  draw  his  war- 
rants on  the  State  Treasurer  for  the  sums  appropriated  in  sections  5 
and  6  of  this  Act. 

Approved  June  23,  1919. 


WATERWAYS. 

§    1.     Appropriates      $20,000,000.00      for        §   2.     How  drawn, 
items  named. 

(House  Bill  No.  392.     Approved  June  28,  1919.) 

An  Act  making  an  appropriation  for  the  construction  of  "The  Illinois 
Waterway'  and  its  appurtenances. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  there  is  hereby  appropri- 
ated to  the  Department  of  Public  Works  and  Buildings  the  following 
sums,  or  so  much  thereof  as  may  be  necessary,  for  expenditures  in  con- 
nection with  "The  Illinois  Waterway"  and  its  appurtenances,  as  follows : 
Por  the  construction  of  "The  Illinois  Waterway"  and 
its  appurtenances,  whether  by  contract  or  by  the  di- 
rect   employment    of    services,    labor,    materials    and 

equipment $    15,550,000.00' 

For  payment  for  property  taken  or  damaged  in  the 
construction,  operation  or  maintenance  of  "The  Illi- 
nois Waterway"  and  its  appurtenances 2,540,000.00 

For  the  repair,  replacement  or  reconstruction  of  public 

bridges  along  the  line  of  "The  Illinois  Waterway".  .         1,460,000.00 
For    altering,    rebuilding    or    reconstructing    existing 
drainage  or  sewer  systems  which  will  be  destroyed  or 
materially    interfered    with    in    the    construction    of 
"The  Illinois  Waterway"  and  its  appurtenances....  450,000.00 


Total : $    20,000,000.00 

§  2.  The  Auditor  of  Public  Accounts  shall  draw  his  warrants 
on  the  State  Treasurer  for  the  sums  herein  appropriated  upon  the 
presentation  of  itemized  vouchers  certified  to  as  correct  by  the  Depart- 
ment of  Public  Works  and  Buildings  and  approved  by  the  Depart- 
ment of  Finance,  and  the  State  Treasurer  shall  pay  the  same  out  of 
the  special  fund  in  the  treasury  known  as  "The  Waterway  Fund". 
Approved  June  28,  1919. 


APPROPRIATIONS.  21-5 


ZION  INVESTIGATING  COMMISSION. 

§   1.     Commission    created — termination.        §   5.     Commission    to    administer    oaths, 

issue  subpoenas,  etc. 
§   2.     No  compensation — expenses    to   be 

charged    to    appropriation.  §   6.     Report   of   investigations. 

§   3.     Commission   to   appoint   employees        §   7.     Appropriates    $5,000.00. 
— adopt   seal. 

§   8.     How    drawn. 
§   4.     Duties. 

(House  Bill  No.   747.     Approved  June  30,  1919.) 

An  Act  to  create  the  Zion  Investigating  Commission,  to  define  its 
powers  and  duties,  and  to  make  an  appropriation  therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Zion  Investigating 
Commission  is  hereby  created.  Said  commission  shall  be  composed  of 
five  members  of  the  Senate  of  the  Fifty-first  General  Assembly,  to  be 
appointed  by  the  President  of  the  Senate,  and  five  members  of  the 
House  of  Representatives  of  the  Fifty-first  General  Assembly,  to  be 
appointed  by  the  Speaker  of  the  House  of  Eepresentatives.  The  com- 
missioners shall  meet  and  organize  as  soon  as  practicable  after  their 
appointment  and  they  shall  select 'a  chairman  from  among  their  own 
number.  The  duties  and  functions  of  the  commission  shall  cease  and 
the  terms  of  office  of  the  members  thereof  shall  terminate  upon  the 
convening  of  the  Fifty-second  General  Assembly. 

§  2.  The  members  of  said  commission  shall  receive  no  compen- 
sation for  their  services,  but  all  actual  and  necessary  expenses  incurred 
by  the  commission,  or  any  member  thereof,  shall  be  a  proper  charge 
against  the  appropriation  herein  named. 

§  3.  The  commission  shall  have  power  to  appoint  a  secretary  and 
such  other  employees  as  may  be  necessary  and  to  fix  their  compensa- 
tion.   The  commission  shall  also  have  power  to  adopt  a  seal. 

§  4.  It  shall  be  the  duty  of  the  commission  to  investigate  all 
charges  that  "The  Christian  Catholic  Apostolic  Church  of  Zion,"  a 
so-called  religious  institution,  located  at  Zion  City,  Illinois,  and  its 
overseer  or  manager,  by  fraudulent  representations  as  to  their  being 
endowed  with  supernatiral  [supernatural]  and  divine  power,  and  by  the 
advocacy  of  a  false  religion,  have  been  and  still  are  securing  and 
obtaining  the  money  and  property  of  innocent  persons,  and  to  inquire 
fully  into  the  affairs,  transactions  and  business  methods  of  said  institu- 
tion and  said  overseer  or  manager,  for  the  -purpose  of  determining 
whether  or  not  said  charges  are  true. 

It  shall  also  be  the  duty  of  said  commission  to  investigate  similar 
charges  against  other  persons,  institutions  and  organizations  and  to 
make  full  inquiry  into  their  affairs,  transactions  and  business  methods 
for  the  purpose  of  ascertaining  whether  or  not  fraud  is  being  prac- 
ticed upon  the  public. 

§  5.  The  commission  shall  have  power  to  administer  oaths  and 
to  issue  subpoenas  under  the  seal  of  the  commission  and  signed  by  the 
chairman  thereof,  to  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  relevant  books,  records,  papers  and  documents. 


216  ARBITRATIONS   AND    AWARDS. 


Any  Circuit  Court  or  judge  of  the  Circuit  Court,  either  in  term 
time  or  vacation,  upon  application  of  the  commission,  may,  by  order 
duly  entered,  require  the  attendance  of  witnesses  and  the  production 
of  relevant  books,  records,  documents  and  papers  before  the  commis- 
sion in  any  hearing  held  under  the  provisions  of  this  Act.  Upon 
refusal  or  neglect  to  obey  the  order  of  the  court  or  judge,  the  court  or 
judge  may,  by  proceedings  for  contempt  of  court,  compel  obedience  to 
the  order  so  entered. 

§  6.  The  commission  shall  report  the  results  of  its  investigations 
and  inquiries,  together  with  its  recommendations,  to  the  Fifty-second 
General  Assembly. 

§  7.  The  sum  of  five  thousand  dollars  ($5,000)  is  hereby  appro- 
priated for  the  purpose  of  carrying  out  the  provision  of  this  Act. 

§  8.  Upon  the  presentation  of  proper  vouchers  certified  to  by 
the  chairman  of  the  commission  and  approved  by  the  Department  of 
Finance,  the  Auditor  of  Public  Accounts  shall  draw  his  warrants 
against  the  sum  hereby  appropriated,  and  the  State  Treasurer  shall 
pay  the  same  out  of  any  moneys  in  the  State  treasury  not  otherwise 
appropriated. 

Approved  June  30,  1919. 


AKBITEATIONS  AND  AWARDS. 


AMENDING   ACT. 

§    1.      Amends   sections   1,    2,    3.    4   and   6,  §    4.      Powers      of     arbitrators — 

Act    of    1917.  fees        of        witnesses — ■ 

court     may    compel    at- 
§    1.      Submission       of       contro-  tendance     of    witnesses, 

versy     to     arbitrators — 

judgment    upon    award.  §   6.      Submission    to    be   filed   in 

court  —  notice  —  opinion 
§   2.     Arbitrators  —  appoint-  binding — final    award, 

ment — place    of    hearing 
— rules. 

§   3.      Submission      irrevocable — 
exceptions. 

(House  Bill  No.    359.     Approved  June   28,   1919.) 

An  Act  to  amend  sections  1,  2,  3,  4,  and  6  of  "An  Act  to  revise  the 
law  in  relation  to  arbitrations  and  awards,"  approved  June  11,  1917, 
in  force  July  1,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  1,  2,  3,  4,  and 
6  of  an  "Act  to  revise  the  law  in  relation  to  arbitrations  and  awards," 
approved  June  11,  1917,  in  force  July  1,  1917,  be  and  the  same  hereby 
is  amended  so  that  the  same  shall  read  as  follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  all  persons  having 
requisite  legal  capacity  may,  by  an  instrument  in  writing  to  be  signed 
by  them,  submit  to  one  or  more  arbitrators  to  be  named  in  the  manner 
indicated  by  such  writing,  any  controversy  existing  between  them,  and 
may,  in  such  submission,  agree  that  any  court  of  competent  jurisdiction, 
or  any  court  therein  named  (provided  it  is  of  competent  jurisdiction) 
may  pass  upon  any  questions  of  law  arising  in  such  arbitration  pro- 


ARBITRATIONS   AND    AWARDS.  217 


ceedings,  and  that  a  judgment,  or  successive  judgments,  of  such  court 
shall  be  rendered  upon  the  award  made  pursuant  to  such  submission, 
and  for  payment  of  fees  and  costs  of  the  arbitrator  or  arbitrators. 

§  2.  The  parties  to  such  submission  may  by  such  submission 
designate  the  number  of  such  arbitrators,  which  number  may  be  one 
or  more  as  the  parties  shall  agree;  the  manner  in  which  they  may  be 
appointed  in  the  first  instance  and  vacancies  caused  by  the  refusal,  in- 
capacity, or  death  of  an  appointee  filled ;  the  time  and  place  of  the  hearing 
and  the  rules  for  the  hearing  of  such  controversy,  not  in  conflict  with  the 
provisions  of  this  Act;  the  parties  to  such  submission  may  include  by 
reference  in  said  written  submission  the  published  rules  of  any  organi- 
zation or  association  which  rules  shall  thereby  become  a  part  of  the 
contract  of  submission,  provided  that  before  the  signing  of  said  sub- 
mission, said  rules  shall  have  been  approved  by  the  court  that  under 
said  submission  is  authorized  to  take  jurisdiction  of  said  matter. 

§  3.  A  submission  to  arbitration  shall,  unless  a  contrary  inten- 
tion is  expressed  therein,  be  irrevocable.  But  any  party  to  any  such 
submission  or  adverse  award  thereon,  not  fully  adjudicated  by  the 
court,  who  may  legally  claim  that  there  exists  in  his  favor  any  right 
to  maintain  proceedings  in  bankruptcy,  injunction,  receivership,  at- 
tachment, attachment  in  aid,  garnishment,  replevin,  distress  for  rent, 
execution,  or  other  writ  or  process  for  the  seizure  or  sequestration  of 
property,  shall  not,  because  of  any  such  submission  or  award  not  fully 
adjudicated  by  the  court,  be  barred  from  maintaining  any  such  remedy, 
unless  the  same  is  waived  in  such  submission,  but  the  remedy  in  any 
such  case  shall  extend  only  to  placing  the  property  seized  or  sequestered 
in  the  custody  of  the  law,  or  to  protect  the  rights  of  the  parties  pend- 
ing the  making  of  a  partial  or  a  final  award  covering  the  rights  and 
duties  of  the  parties  in  respect  to  such  proceedings  and  the  action  of 
the  court  thereon. 

§  4.  Before  any  arbitrator  shall  enter  upon  his  duties  as  an  arbi- 
trator, he  shall  be  sworn  faithfully  and  fairly  to  hear,  examine,  and 
determine  the  cause  and  controversy,  according  to  the  principles  of 
equity  and  justice,  and  make  a  just  and  true  award  according  to  the 
best  of  his  understanding;  which  oath  may  be  administered  by  any 
officer  authorized  to  administer  oaths.  Said  arbitrators  or  any  of  them 
shall  have  the  power  to  administer  oaths,  subpoena  and  examine  wit- 
nesses, to  issue  subpoenas  duces  tecum  requiring  the  production  of 
such  books,  papers,  records,  and  documents  as  may  be  evidence  of  any 
matter  under  inquiry,  and  to  examine  and  inspect  the  same;  service 
of  such  subpoena  shall  be  made  by  any  sheriff  or  constable  or  other 
person;  the  fees  of  witnesses  for  attendance  and  travel  shall  be  the 
same  as  the  fees  of  witnesses  before  the  Circuit  Courts  of  the  State: 
any  court  of  this  State,  having  jurisdiction  of  the -subject  matter  of 
the  submission,  or  any  judge  thereof,  upon  the  application  of  such  ar- 
bitrators or  any  of  them,  either  in  term  time  or  vacation,  may  compel 
attendance  of  witnesses,  the  production  of  books  and  papers,  and  giv- 
ing of  testimony  before  said  arbitrators  by  attachment  for  contempt 
or  otherwise  in  the  same  manner  as  the  production  of  evidence  may  be 
compelled  before  said  court. 


218  AEOHITECTS. 


§  6.  Said  submission  may  be  filed  in  court  at  any  time  after  its 
execution,  and  upon  being  so  filed,  and  upon  at  least  five  days'  notice 
to  the  parties  and  arbitrators  the  court  shall  take  jurisdiction  of  the 
parties  and  subject  matter  of  such  submission,  without  the  filing  of 
any  pleadings  whatsoever.  The  arbitrators  may,  of  their  own  motion 
and  shall  by  request  of  a  party  (a)  at  any  stage  of  the  proceedings, 
submit  any  question  of  law  arising  in  the  course  of  the  reference  for 
the  opinion  of  the  court,  stating  the  facts  upon  which  the  question 
arises,  and  such  opinion  when  given  shall  bind  the  arbitrators  in  the 
making  of  their  award;  (b)  state  their  final  award  as  to  the  whole  or 
part  of  the  reference  in  the  form  of  a  conclusion  of  fact  for  the 
opinion  of  the  court  on  the  questions  of  law  arising  and  such  opinion 
shall  finally  conclude  the  proceedings,  except  as  by  this  Act  otherwise 
provided. 

Approved  June  28,  1919. 


AECHITECTS. 


REGULATION  AND  LICENSING. 

§      1.     Unlawful  to  practice  without  cer-        §   11.     License    to    be    displayed — seal — 
tificate   of  registration.  what  contain. 

§     2.     What    constitutes.  §   12.     Renewal. 

§      3.     No   license   to   corporations — con-        §    13.     When    license    may    be    revoked, 
ditions  under  which   they  may  suspended,       etc. — notice       and 

operate — partnerships.  hearing. 

§      4.     Construction  of  Act.  §   14.     Fees. 

§      5.     Who   may   qualify.  §    15.     Department   of    Registration   and 

Education    to    adopt    rules    and 
§      6.     Qualifications    when   licensed    un-  regulations, 

der  laws  of  any  other  state  or 

country.  §   16.     What     constitutes     misdemeanor 

— penalty. 
§      7.     Application    to    be    made    to    De- 
partment   of    Registration    and        §    17.     Department    of   Registration    and 
Education.  Education    to    keep    record. 

§      8.     Examinations — subjects     em-        §  18.     Repeal, 
braced. 

§  19.     Act  may  be  known  as  "The  Illi- 
§     9.     When  license  shall  issue.  nois  Architectural   Act." 

§   10.     Exempt       from       provisions       of 
Structural    Engineers'    Act. 

(Senate  Bill  No.   2  87.     Approved  June  2  4,    1919.) 

An  Act  to  provide  for  the  licensing  of  architects  and  to  regulate  the 
practice  of  architecture  as  a  profession  and  to  repeal  certain  Acts 
therein  named. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  It  shall  be  unlawful  for  any 
person  to  practice  architecture  or  advertise  or  put  out  any  sign  or  card 
or  other  device  which  might  indicate  to  the  public  that  he  or  she  is 
entitled  to  practice  as  an  architect,  without  a  certificate  of  registration 
as  a  registered  architect,  duly  issued  by  the  Department  of  Eegistration 
and  Education  under  this  Act,  and  as  provided  for  in  the  Civil  Ad- 
ministrative Code  of  Illinois. 


ARCHITECTS.  21!) 


§  2.  Any  one,  or  any  combincation,  [combination]  of  the  follow- 
ing practices  by  a  person  shall  constitute  the  practice  of  architecture, 
namely :  The  planning  or  supervision  of  the  erection,  enlargement  or 
alteration  of  any  building  or  buildings  or  of  any  parts  thereof,  to  be 
constructed  for  others.  A  building  is  any  structure  consisting  of 
foundations,  floors,  walls,  columns,  girders,  beams  and  roof,  or  a  com- 
bination of  any  number  of  these  parts,  with  or  without  other  parts. 

§  3.  No  corporation  shall  be  licensed  to  practice  architecture  in 
this  State  or  be  granted  a  certificate  of  registration  under  this  Act,  but 
it  shall  be  lawful  for  a  stock  company  or  a  corporation  to  prepare 
drawings,  plans  and  specifications  for  buildings  and  structures  as  de- 
fined in  this  Act  which  are  constructed,  erected,  built,  or  their  con- 
struction supervised  by  such  stock  company  or  corporation,  provided  that 
the  chief  executive  officer  or  managing  agent  of  such  stock  company  or 
corporation  in' the  State  of  Illinois  shall  be  a  registered  architect  under 
.this  Act,  and  provided  farther  that  the  supervision  of  such  build- 
ings and  structures  shall  be  under  the  personal  supervision  of  said 
registered  architect  and  that  such  drawings,  plans  and  specifications 
shall  be  prepared  under  the  personal  direction  and  supervision  of  such 
registered  architect  and  bear  the  stamp  of  his  official  seal. 

It  shall  be  lawful,  however,  for  one  or  more  registered  architects 
to  enter  a  partnership  with  one  or  more  licensed  structural  engineers, 
licensed  under  the  laws  of  this  State,  for  the  practice  of  their  pro- 
fessions. 

§  4.  Nothing  contained  in  this  Act  shall  prevent  the  draftsmen, 
students,  clerks  of  works,  superintendents  and  other  employes  of  those 
lawfully  practicing  as  registered  architects  under  the  provisions  of  this 
Act,  from  acting  under  the  instruction,  control  or  supervision  of  their 
employers,  or  to  prevent  the  employment  of  superintendents  of  the  con- 
struction, enlargement  or  alteration  of  buildings  or  an}''  parts  thereof, 
or  prevent  such  superintendents  from  acting  under  the  immediate 
personal  supervision  of  the  registered  architect  by  whom  the  plans  and 
specifications  of  any  such  building,  enlargement  or  alteration  were  pre- 
pared. Nor  shall  anything  contained  in  this  Act  prevent  persons,  me- 
chanics or  builders  from  making  plans,  specifications  for  or  supervising 
the  erection,  enlargement  or  alteration  of  buildings  or  any  parts  thereof 
to  be  constructed  by  themselves  or  their  own  employes  for  their  own  use, 
provided  that  the  working  drawings  for  such  construction  are  signed  by 
the  authors  thereof  with  a  true  statement  thereon  of  their  relation  to 
such  construction  and  that  the  makers  thereof  are  not  architects: 

Provided  nothing  in  this  Act  contained  shall  be  held  or  construed 
to  have  any  application  to  any  building,  remodeling  or  repairing  of 
any  building  or  other  structure  outside  of  the  corporate  limits  of  any 
city  or  village,  where  such  building  or  structure  is  to  be,  or  is  used  for 
residential  or  farm  purposes,  or  for  the  purposes  of  outbuildings,  or 
auxilliary  buildings  in  connection  with  such  residential  or  farm  prem- 
ises; nor  shall  said  Act  apply  to  any  building,  remodeling  or  repairing 
of  any  building  or  structure  within  the  corporate  limits  of  any  city  or 
village,  where  the  total  cost  of  said  building,  remodeling  or  repairing 
does  not  exceed  the  sum  of  seventy-five  hundred  dollars. 


220  ARCHITECTS. 


§  5.  Any  person  who  is  twenty-one  years  of  age  and  of  good 
moral  character  is  qualified  for  an  examination  for  a  certificate  of  regis- 
tration as  a  registered  architect,  provided  he  or  she  has  graduated  from 
a  high  school  or  secondary  school,  approved  by  the  Department  of  Regis- 
tration and  Education,  or  has  completed  an  equivalent  course  of  study 
as  determined  by  an  examination  conducted  by  the  Department  of 
Registration  and  Education,  and  has  subsequently  thereto  completed 
such  courses  in  mathematics,  history  and  language,  as  may  be  pre- 
scribed by  said  Department,  and  has  had  at  least  three  years'  experience 
in  the  office  or  offices  of  a  reputable  architect  or  architects. 

§  6.  Upon  payment  of  the  required  fee,  an  applicant  who  is  an 
architect,  registered  or  licensed  under  the  laws  of  another  state  or  ter- 
ritory of  the  United  States,  or  of  a  foreign  country  or  province,  may, 
without  examination,  be  granted  a  certificate  of  registration  as  a  regis- 
tered architect  by  the  Department  of  Registration  and  Education  in  its 
discretion  upon  the  following  conditions : 

(a)  That  the  applicant  is  at  least  twenty-one  years  of  age,  of  good 
moral  character  and  temperate  habits;  and 

(b)  That  the  requirements  for  the  registration  or  licensing  of 
architects  in  the  particular  state,  territory,  country  or  province  were, 
at  the  date  of  the  license,  substantially  equal  to  the  requirements  then 
in  force  in  this  State. 

§  7.  Every  person  who  desires  to  obtain  a  certificate  of  registra- 
tion shall  apply  therefor  to  the  Department  of  Registration  and  Edu- 
cation in  writing,  upon  blanks  prepared  and  furnished  by  the  Depart- 
ment of  Registration  and  Education.  Each  application  shall  be  verified 
by  the  applicant  under  oath  and  shall  be  accompanied  by  the  required  fee. 

§  8.  The  Department  of  Registration  and  Education  shall  hold 
examinations  of  applicants  for  certificates  of  registration  as  registered 
architects  at  such  times  and  places  as  it  may  determine. 

The  examination  of  applicants  for  certificates  of  registration  as 
registered  architects  shall  consist  of  written  tests  and  shall  embrace 
the   following  subjects : 

(a)  The  planning,  designing  and  construction  of  buildings. 

(b)  The  strength  of  building  materials. 

(c)  The  principles  of  sanitation  and  ventilation  as  applied  to' 
buildings. 

(d)  The  ability  of  the  applicant  to  make  practical  application  of 
his  knowledge  in  the  ordinary  professional  work  of  an  architect  and  in 
the  duties  of  a  supervisor  of  mechanical  work  on  buildings. 

The  Department  of  Registration  and  Education  may  by  rule  pre- 
scribe additional  subjects  for  examination. 

§  9.  Whenever  the  provisions  of  tins  Act  have  been  complied  with 
by  an  applicant  the  Department  of  Registration  and  Education  shall 
issue  a  certificate  of  registration  to  the  applicant  as  a  registered  archi- 
tect, which  certificate  shall  have  the  effect  of  a  license  to  the  person  to 
whom  it  is  issued  to  practice  architecture  in  this  State,  subject  to  the 
provisions  of  this  Act. 

Any  license  or  certificate  of  registration  heretofore  issued  under  the 
laws  of  this  State  authorizing  its  holder  to  practice  architecture  shall, 


ARCHITECTS.  221 


during  the  unexpired  period  for  which  it  was  issued,  serve  the  same 
purpose  as  the  certificate  of  registration  provided  for  by  this  Act. 

§  10.  Any  person  licensed  to  practice  architecture  in  this  State 
or  registered  as  an  architect  under  this  Act  shall  be  exempt  from  the 
provisions  of  any  and  all  Acts  in  force  in  this  State  regulating  the  prac- 
tice of  structural  engineering. 

§  11.  Every  holder  of  a  certificate  of  registration  as  a  registered 
architect  shall  display  it  in  a  conspicuous  place  in  his  principal  office, 
place  of  business  or  place  of  employment. 

Every  registered  architect  shall  have  a  seal,  the  impression  of 
which  shall  contain  the  name  of  the  architect  and  the  words  "Registered 
Architect,"  "State  of  Illinois."  He  shall  stamp  with  this  seal  all  work- 
ing drawings  and  specifications'  prepared  by  him  or  under  his  super- 
vision. Any  seal  heretofore  authorized  under  the  laws  of  this  State 
shall  serve  the  same  purpose  as  the  seal  provided  for  by  this  Act. 

§  12.  Every  registered  architect  who  continues  in  active  practice 
shall,  annually,  on  or  before  the  first  day  of  July,  renew  his  certificate 
of  registration  and  pay  the  required  renewal  fee.  Every  license  or  cer- 
tificate of  registration  which  has  not  been  renewed  during  the  month 
of  July  in  any  year,  shall  expire  on  the  first  day  of  August  in  that  year. 
A  registered  architect  whose  certificate  of  registration  has  expired  may 
have  his  certificate  restored  only  upon  payment  of  the  required  restor- 
ation fee. 

Any  architect  registered  or  licensed  in  this  State  who  has  retired 
from  the  practice  of  architecture  for  a  period  of  not  more  than  five  (5) 
years  may  have  his  certificate  of  registration  renewed,  at  any  time 
within  a  period  of  five  (5)  years  after  so  retiring,  upon  making  appli- 
cation to  the  Department  for  such  renewal  and  upon  payment  of  all 
lapsed  annual  renewal  fees. 

§  13.  The  Department  of  Registration  and  Education  may  re- 
fuse to  renew,  or  may  suspend,  or  may  revoke,  any  certificate  of  regis- 
tration for  any  one  or  any  combination  of  the  following  causes: 

(a)  Gross  incompetency. 

(b)  Recklessness  in  the  construction  of  buildings  or  their  ap- 
purtenances. 

(c)  Dishonest  practice. 

(d)  When  the  architect  has  been  twice  convicted  for  a  violation 
of  any  of  the  provisions  of  this  Act. 

(e)  A  person  who  has  by  false  or  fraudulent  representation  ob- 
tained or  sought  to  obtain  a  certificate  of  registration  as  an  architect. 

The  Department  of  Registration  and  Education  shall  not  refuse  to 
renew,  nor  suspend,  nor  shall  it  revoke  any  certificate  of  registration 
for  any  of  the  above  causes  until  the  person  accused  shall  have  been  given 
at  least  twenty  (20)  days'  notice  in  writing  of  the  charge  against  him  and 
a  public  hearing  upon  such  charge  has  been  had  by  the  Department  of 
Registration  and  Education. 

Upon  the  hearing  of  any  such  proceeding,  the  Director  of  Regis- 
tration and  Education,  the  Assistant  Director  of  Registration  and  Edu- 
cation, or  the  Superintendent  of  Registration  may  administer  oaths, 
and  the  Department  of  Registration  and  Education  may  issue  subpoenas 


222  ARCHITECTS. 


and  procure  and  compel  the  attendance  of  and  the  giving  of  testimony 
by  witnesses  and  may  compel  the  production  of  any  books  and  papers 
deemed  relevant  to  the  inquiry  by  the  Department  or  by  the  persons^ 
designated  by  the  Department  under  the  Civil  Administrative  Code  of 
Illinois  to  conduct  such  inquiry.  The  accused  may  have  the  subpoena 
of  the  Department  of  Eegistration  and  Education  for  his  witnesses,  and 
may  be  heard  in  person  and  by  counsel,  in  open  public  hearing. 

Any  Circuit  Court,  or  any  judge  of  a  Circuit  Court,  either  in  term 
time  or  in  vacation,  upon  the  application  either  of  the  Department  of 
Eegistration  and  Education  or  of  the  accused  may,  by  order  duly 
entered,  require  the  attendance  and  enforce  the  giving  of  testimony 
of  such  witnesses  and  require  the  production  of  such  books  and  papers 
as  are  above  in  this  section  referred  to  before  the  Department  of  Eegis- 
tration and  Education  or  the  persons  designated  by  said  Department 
under  said  Civil  Administrative  Code  to  conduct  the  inquiry,  in  any 
hearing  relating  to  the  refusal,  suspension,  renewal  or  revocation  of  any 
certificate  of  registration.  Upon  refusal  or  neglect  to  obey  the  order 
of  the  said  court  or  judge,  the  said  court  or  judge  may  compel,  by 
attachment  or  proceedings  for  contempt  of  court,  or  otherwise,  obedience 
to  the  order. 

§  14.  The  fee  to  be  paid  by  an  applicant  for  an  examination  to 
determine  his  fitness  to  receive  a  certificate  of  registration  as  a  registered 
architect  shall  be  ten  dollars  ($10.). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
as  a  registered  architect  shall  be  five  dollars  ($5). 

The  fee  to  be  paid  for  the  restoration  of  an  expired  certificate  of 
registration  shall  be  five  dollars  ($5). 

The  fee  to  be  paid  upon  renewal  of  a  certificate  of  registration 
shall  be  one  dollar  ($1). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
who  is  an  architect  registered  or  licensed  under  the  laws  of  another 
state,  or  territory  of  the  United  States,  or  of  a  foreign  country  or  pro- 
vince, shall  be  fifteen  dollars  ($15). 

§  15.  The  Department  of  Eegistration  and  Education  shall  adopt 
rules  and  regulations  in  accordance  with  the  provisions  of  section  60 
of  said  Civil  Administrative  Code,  and  not  inconsistent  with  this  Act, 
to  carry  out  fully  and  enforce  the  provisions  of  this  Act. 

§  16.  Each  of  the  following  Acts  constitutes  a  misdemeanor 
punishable  upon  conviction  by  a  fine  of  not  less  than  twenty-five  dollars 
($25)  nor  more  than  two  hundred  dollars  ($200)  for  each  offense: 

(a)  The  practice  of  architecture  by  any  person  or  the  advertising  or 
putting  out  of  any  sign  or  card  or  other  device  which  might  indicate  to 
the  public  that  he  or  she  is  entitled  to  practice  as  an  architect,  without 
a  certificate  of  registration  as  a  registered  architect  issued  by  the  De- 
partment of  Eegistration  and  Education  of  this  State. 

(b)  The  making  of  any  wilfully  false  oath  or  affirmation  in  any 
matter  or  proceeding  where  an  oath  or  affirmation  is  required  by  this 
Act. 


BANKS   AND  BANKING.  223 


(c)  The  affixing  of  a  registered  architect's  seal  to  any  plans,  specifi- 
cations or  drawings  which  have  not  been  prepared  by  him  or  under  his 
immediate  personal  supervision. 

(d)  The  violation  of  any  provision  of  section  11  of  this  Act. 

All  fines  and  penalties  shall  inure  to  the  Department  of  Registration 
and  Education  of  this  State. 

§  17.  The  Department  of  Registration  and  Education  shall  keep 
a  record  open  to  public  inspection  at  all  reasonable  times  of  its  pro- 
ceedings relating  to  the  issuance,  refusal,  renewal,  suspension  or  revo- 
cation of  certificates  of  registration.  This  record  shall  also  contain  the 
name,  place  of  business  and  residence,  and  the  date  and  number  of 
registration  of  each  registered  architect  in  this  State. 

§  18.  The  following  Acts  are  hereby  repealed :  "An  Act  to  pro- 
vide for  the  licensing  of  architects  and  regulating  the  practice  of  archi- 
tecture as  a  profession,"  approved  June  3,  1897,  and  in  force  July  1, 
1897,  and  the  following  Acts  amendatory  ihereof,  to-wit:  An  Act 
approved  April  19,  1899,  and  in  force  July  1,  1899.  An  Act  approved 
May  16,  1905,  and  in  force  July  1,  1905,  and  an  Act  approved  May  26, 
1911,  and  in  force  July  1,  1911. 

§  19.  'This  Act  may  be  known  and  cited  as  "The  Illinois  Archi- 
tectural Act." 

Approved  June  24,  1919. 


BANKS  AND  BANKING. 


ADMINISTRATION   OP   TRUSTS. 

§   1.     Amends  section  16,  Act  of  1887.  §   16.     Publication  of  assets  and 

liabilities. 

(House  Bill  No.  709.     Approved  June  28,   1919.) 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  provide 
-jar  and  regulate  the  administration  of  trusts  by  trust  companies/' 
approved  June  15,  1881 ,  in  force  July  1,  1881 ,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  16  of  an  Act  entitled, 
"An  Act  to  provide  for  and  regulate  the  administration  of  trusts  by 
trust  companies,"  approved  June  15,  1887,  in  force  July  1,  1887,  as 
amended,  is  amended  to  read  as  follows : 

•  §  16.  The  said  Auditor  shall  cause  a  proper  abstract  of  the 
statements  of  assets  and  liabilities  reported  under  section  9  of  this 
Act,  to  be  published  once  in  each  week,  for  three  consecutive  weeks,  in 
a  newspaper  of  general  circulation,  printed  in  the  county  seat  of  the 
county  wherein  the  principal  office  of  the  respective  company  is  located, 
such  publication  to  be  paid  for  by  said  company. 
Approved  June  28,  1919. 


224 


banks  and  banking. 


REVISION  OF  ACT. 


1.     Banks  —  purpose 
formed. 


for 


which 


§      2.     Application   to   organize. 

§  3.  Proceedings  after  receipt  of 
authorization. 

§  4.  Directors  —  organization  —  pro- 
ceedings —  oaths  —  records  ■ — ■ 
annual  meeting — to  own  stock 
— r  e  g  u  1  a  r  meetings — false 
statements. 

§  5.  Certificate  to  commence  business 
— filed  with  recorder — Auditor 
may  withhold. 

§      6.     Stockholders    liability. 


10.  Loans — limitations — profits  — dis- 

count of  bills — loan  securities 
— excessive  loans — provisions 
safeguarding  bank — revocation 
of  permits — illegal  loans — 
loans  to  officers. 

11.  Location — capital     stock — limita- 

tion of  deposits  —  impaired 
capital  stock  —  remedy  —  re- 
ceiver. 


§      7. 


Reports — to  State  Auditor — oath 
— fee — failure — penalty  —  pub- 
lication. 

Examinations — at  least  once  an- 
nually—examiner not  stock 
holder — fee   for   examination. 


§   12. 


§    13. 


§    14. 


15. 


Change   of  business* — proceedings 
— suits  pending  not  affected. 


Proceedings      of 
with  Auditor. 


changes      filed 


Changes   made   prior   to   this  Act 
not  affected. 

Voluntary     dissolution — Auditor's 
fees. 


Corporate     politic- 
real  estate. 


-assets     as    to 


§   15%. Unlawful    operation — penalty. 

§   16.     Repeal. 

§   17.      Ratification. 


(Senate  Bill,  J\to.   477.     Approved  June  23,   1919.) 

An  Act  to  revise  the  law  with  relation  to  banks  and  hanking. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  on  a  ratification  of  this 
Act  by  a  vote  of  the  people  in  accordance  with  the  Constitution  of  this 
State,  it  shall  be  lawful  to  form  banks  and  banking  associations,  as  here- 
inafter provided,  for  the  purpose  of  discount  and  deposit,  buying  and 
selling  exchange  and  doing  a  general  banking  business,  excepting  the 
issuing  of  bills  to  circulate  as  money;  and  such  banks  or  banking  asso- 
ciations shall  have  the  power  to  loan  money  on  personal  and  real  estate 
security,  and  to  accept  and  execute  trusts. 

§  2.  When  any  association  of  persons,  not  less  than  three,  desire 
to  avail  themselves  of  the  provisions  of  this  Act,  they  shall  apply  to  the 
Auditor  for  permission  to  organize  stating  their  place  of  business,  the 
amount  of  capital  and  name  under  which  they  desire  to  organize,  and 
the  time  for  which  such  association  shall  continue,  which  statement  shall 
be  under  their  hands  and  seals,  and  acknowledged  before  some  officer 
authorized  by  law  to  acknowledge  deeds  and  the  Auditor  shall  issue  to 
them  a  permit  to  organize,  but  no  permit  shall  be  issued  hereunder  to 
any  corporation  by  the  same  name  as  any  other  corporation  then  oper- 
ating under  the  laws  of  this  State  or  of  any  law  of  the  United  States  or 
of  any  person,  firm  or  partnership  then  conducting  a  banking  business, 
or  by  a  name  so  similar  to  the  name  of  any  other  corporation  then  Oper- 
ating under  the  laws  of  this  State,  or  of  any  law  of  the  United  States  or 
of  any  person,  firm,  partnership  or  corporation  then  conducting  a  bank- 
ing business  as  in  the  opinion  of  the  Auditor  of  Public  Accounts  will 
create  confusion,  provided  that  a  permit  may  be  issued  hereunder  to  a 
corporation  by  a  name  the  same  as  or  similar  to  the  name  of  any  person, 
firm  or  parntership,  then  conducting  a  banking  business,  by  and  with 


BANKS   AND   BANKING.  225 


the  written  consent  of  such  person,  firm  or  partnership  of  the  same  or 
similar  name,  such  name  of  such  proposed  corporation  not  being  the 
same  or  similar  to  the  name  of  any  banking  corporation  then  operating 
under  the  laws  of  this  State  or  of  the  United  States,  and  all  associations 
formed  under  this  Act  shall  have  their  capital  stock  divided  into  shares 
of  one  hundred  dollars  ($100)   each. 

§  3.  As  soon  as  may  be  after  receipt  of  authorization,  books  of 
subscription  to  the  capital  stock  may  be  opened,  and  when  the  capital 
stock  shall  have  been  fully  subscribed  for  a  meeting  of  the  subscribers 
to  the  stock  of  such  association  shall  be  called  (each  subscriber  having 
had  at  least  three  days'  notice)  for  determination  of  the  number  and 
election  of  directors  to  serve  as  managers  for  one  year,  and  until  their 
successors  are  elected.  And  no  director  shall  be  elected  unless  he  shall 
have  received  votes  representing  at  least  a  majority  of  the  shares  of  the 
association;  and  the  voting  may  be  done  by  person,  or  by  proxy,  and  at 
such  election  the  subscribers  or  stockholders  shall  have  the  right  to  vote 
for  the  number  of  shares  owned  or  subscribed  by  him  for  as  many  per- 
sons as  there  are  directors  to  be  elected,  or  to  accumulate  such  shares 
and  give  one  candidate  as  many  votes  as  the  number  of  directors  multi- 
plied by  the  number  of  his  shares  of  stock  shall  equal,  or  to  distribute 
them  on  the  same  principle  among  as  many  candidates  as  he  shall  deem 
proper. 

§  4.  The  directors  so  elected  may  proceed  to  organize  by  the  elec- 
tion of  one  of  their  number  as  president,  and  may  appoint  the  necessary 
officers  and  employees  and  fix  their  salaries  to  carry  on  the  business  of 
the  bank  or  association  and  make  by-laws  (not  inconsistent  with  this 
Act)  for  the  government  of  the  bank  or  association;  and  each  director 
shall  take  and  subscribe  to  an  oath  such  as  the  Auditor  shall  prescribe 
of  fealty  to  the  bank  or  association  of  which  he  is  director  and  that  he 
will,  so  far  as  the  duty  involves  on  him,  diligently  and  honestly  admin- 
ister the  affairs  of  such  bank  or  association  and  will  not  knowingly  vio- 
late or  willingly  permit  to  be  violated  any  of  the  provisions  of  this  Act; 
and  that  he  is  the  owner  in  good  faith  and  in  his  own  right  of  the  num- 
ber of  shares  of  stock  required  by  this  Act;  and  that  the  same  is  not 
hypothecated  or  in  any  way  pledged  as  security  for  any  loan  or  debt. 
Such  oath  subscribed  by  the  director  making  it  and  certified  by  a  proper 
officer  authorized  to  administer  oaths  shall  be  immediately  transmitted 
to  the  Auditor  and  shall  be  filed  and  preserved  by  him  in  his  office. 
The  directors  shall  cause  to  be  kept  suitable  books  of  record  of  all  the 
transactions  of  the  bank  or  association  and  shall  furnish  to  the  Auditor 
lists  of  the  stockholders  and  copies  of  any  other  records  the  Auditor  may . 
require.  And  there  shall  be  an  annual  meeting  of  the  stockholders  for 
the  election  of  directors  each  year  on  the  first  Monday  in  January  unless 
some  otfcer  date  shall  be  fixed  by  the  by-laws  of  the  association.  Any 
omission  to  elect  directors  shall  not  impair  any  of  the  rights  and  privi- 
leges of  the  association  or  of  any  person  in  any  way  interested,  but  the 
existing  directors  shall  hold  office  until  their  successors  are  elected  and 

—15  L 


226  BANKS    AND    BANKING. 


qualified  as  in  such  cases  may  be  by  law  provided.  Vacancies  may  be 
filled  by  a  two-thirds  vote  of  the  remaining  directors. 

Every  director  of  any  bank  or  association  organized  under  the  pro- 
visions of  this  Act  must  own  in  his  own  right,  free  of  any  lien  or  in- 
cumberance  at  least  ten  shares  of  the  capital  stock  of  such  bank  or  asso- 
ciation of  which  he  is  a  director,  and  stock  certificates  for  not  less  than 
ten  shares  shall  be  filed  unendorsed  and  unassigned  with  the  cashier 
of  the  bank  during  his  term  as  director.  Any  director  who  ceases  to  be 
the  owner  of  ten  shares  of  the  capital  stock  of  such  bank  or  association, 
or  who  becomes  in  any  form  disqualified  shall  therefor  vacate  his  place 
as  such  director.  The  directors  of  any  bank  or  association  organized 
under  the  provisions  of  this  Act  shall  hold  regular  meetings  at  least 
once  each  month  and  there  shall  be  present  a  quorum  as  may  be  pre- 
scribed by  the  by-laws  of  such  bank  or  association  approved  by  the 
Auditor  of  Public  Accounts. 

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

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

The  Auditor  may,  in  his  discretion,  withhold  the  issuing  of  the 
said  certificate,  authorizing  the  commencement  of  business  when  he  is  not 
satisfied  as  to  the  personal  character  and  standing  of  the  officers  or 
directors  elected  or  appointed,  in  accordance  with  sections  three  and 
four  of  this  Act;  or  when  he  has  reason  to  believe  that  the  bank  is  or- 
ganized for  any  purpose  other  than  that  contemplated  by  this  Aqf. 

§  6.  Every  stockholder  in  any  bank  or  banking  association  organ- 
ized under  the  provisions  of  this  Act  shall  be  individually  responsible 
and  liable  to  its  creditors,  over  and  above  the  amount  of  stock  by  him  or 
her  held,  to  an  amount  equal  to  his  or  her  respective  shares  so  held,  for 


BANKS    ANJ)    BANKING.  227 


all  its  liabilities  accruing  while  he  or  she  remains  such  stockholder.  Jt 
is  hereby  made  the  duty  of  the  president  and  cashier,  within  thirty 
days  after  organization,  to  file  in  the  office  of  the  recorder  of  deeds  of 
the  county  in  which  such  bank  is  located,  a  certified  list  of  all  the  origi- 
nal stockholders,  giving  the  number  of  shares  of  stock  held  by  each,  and 
thereafter  a  certificate  of  all  transfer  of  stock,  not  later  than  ten  days 
after  such  transfer.  No  transfer  of  stock  shall  operate  as  a  release  of 
liability  provided  in  this  section. 

§  7.  Any  and  all  persons  and  associations  organizing  under  the 
provisions  of  this  Act  shall  make  to  the  Auditor  a  report  according  to 
the  form  which  may  be  prescribed  by  him,  verified  by  oath  or  affirmation 
of  the  president  or  cashier  of  such  association,  which  report  shall  exhibit 
in  detail  and  under  appropriate  heads  the  resources  and  liabilities  of 
such  bank  or  association  at  the  close  of  business  of  any  day  he  may 
choose;  and  he  shall  call  for  such  reports  at  least  once  every  three 
months  of  each  year,  and  the-  officers  of  said  bank  shall  transmit  the 
same  to  the  -Auditor  within  five  days  after  receiving  call  for  the  same ; 
and  any  bank  failing  to  make  and  transmit  such  report,  or  to  comply 
with  any  provisions  of  this  Act,  shall  be  subject  to  a  penalty  of  one 
hundred  dollars  for  each  day  after  five  days  that  such  report  is  delayed 
beyond  that  time.  And  he  shall  cause  such  report  to  be  published  at  the 
expense  of  such  bank  in  some  newspaper  published  in  the  city  or  town 
where  such  bank  is  located;  or  if  no  newspaper  is  published  in  such 
town,  then  in  the  nearest  newspaper  to  such  town.  Every  such  quar- 
terly report  shall  be  accompanied  with  a  fee  of  five  dollars  to  defray 
the  expense  of  examining  the  same  and  preparing  it  for  publication. 

§  8.  The  Auditor,  as  often  as  he  shall  deem  necessary  or  proper, 
and  at  least  once  in  each  year,  shall  appoint  a  suitable  person  or  persons 
to  make  an  examination  of  the  affairs  of  every  bank  established  under 
the  provisions  of  this  Act,  which  person  shall  not  be  a  stockholder  or 
officer  or  employee  of  any  bank  which  he  may  be  directed  to  examine, 
and  who  shall  have  power  to  make  a  thorough  examination  into  all  the 
affairs  of  the  bank,  and  in  so  doing  to  examine  any  of  the  officers  or 
agents  or  employees  thereof  on  oath,  and  shall  make  a  full  and  detailed 
report  of  the  condition  of  the  bank  to  the  Auditor;  and  the  bank  shall 
not  be  subject  to  any  other  visitorial  power  than  such  as  may  be  author- 
ized by  this  Act,  except  such  as  are  vested  in  the  several  courts  of  law 
and  chancery.  And  there  shall  be  paid  to  the  Auditor  of  Public  Accounts 
for  each  such  examination,  a  fee  of  twenty-five  dollars  ($25.00)  and  two 
cents  (2c)  additional  for  each  one  thousand  dollars  ($1,000)  of  the 
total  assets  of  the  bank  examined. 

§  9.  Associations  organized  under  this  Act  shall  be  bodies  cor- 
porate and  politic  for  the  period  for  which  they  may  be  organized,  may 
sue  and  be  sued,  may  have  a  common  seal  which  they  may  alter  or  renew 
at  pleasure,  may  own,  possess  and  may  carry  as  assets  the  real  estate 
necessary  in  which  to  do  its  banking  business,  and  such  other  real  estate 
to  which  it  may  obtain  title  in  the  collection  of  its  debts,  but  shall  not 
carry  in  its  assets  any  real  estate  except  its  banking  house  for  the  period 
of  more  than  five  years  after  acquiring  title  to  the  same. 


228  BANKS    AND   BANKING. 


§  10.  The  total  liabilities  to  any  association,  of  any  person  or  of 
any  corporation  or  firm  for  money  borrowed,  including  in  the  liabilities 
of  a  company  or  firm  the  liabilities  of  the  several  members  thereof,  shall 
at  no  time  exceed  fifteen  per  cent  of  the  amount  of  the  capital  stock  of 
such  association  actually  paid  in  and  unimpaired,  and  fifteen  per  cent 
of  its  unimpaired  surplus  fund :  Provided,  however,  that  the  total  lia- 
bilities of  any  such  person,  company  or  firm  shall  at  no  time  exceed  thirty 
per  cent  of  the  amount  of  capital  actually  paid  in :  And,  provided,  fur- 
ther, that  undivided  profits  shall  not  be  construed  as  a  part  of  the  sur- 
plus. But  (1)  the  discount  of  bills  of  exchange  drawn  in  good  faith 
against  actually  existing  values;  (2)  the  discount  of  commercial  or 
business  paper  actually  owned  by  the  person  negotiating  the  same;  (3) 
the  purchase  of  or  loaning  money  in  exchange  for,  evidences  of  indebt- 
edness which  shall  be  secured  by  mortgage  or  trust  deed  upon  productive 
real  estate,  the  value  of  which,  exclusive  of  buildings,  as  ascertained  by 
the  oath  of  two  disinterested  appraisers,  is  double  the  amount  of  the 
principal  debt  secured,  and  which  mortgage  or  trust  deed  is  ascertained 
by  a  guaranty  policy  of  a  title  guaranty  company  approved  by  the  Audi- 
tor of  Public  Accounts,  or  by  a  registrar's  certificate  of  title  in  any 
county  having  adopted  the  provisions  of  the  Land  Titles  Act,  or  by  the 
opinion  of  a  reputable  attorney  at  law  to  be  a  first  lien  upon  the  real 
estate  therein  described;  and  (4)  the  purchase  of,  or  loaning  money  in 
exchange  for,  evidences  of  indebtedness  secured  by  a  written  pledge 
covering  live  stock,  the  president,  vice  president  or  cashier  of  such  bank 
or  association  certifying  at  the  time  of  such  purchase  or  loan  that  the 
value  of  such  live  stock  is  double  the  principal  debt  secured,  shall  not  be 
considered  as  money  borrowed  within  the  meaning  of  this  section. 

In  computing  the  total  liabilities  of  any  person,  corporation  or 
firm  for  the  purpose  of  this  section,  there  shall  not  be  included  any  lia- 
bilities of  such  person,  corporation  or  firm  which  shall  be  secured  by 
collateral  approved  as  sufficient  security  therefor  by  the  Auditor  of 
Public  Accounts,  and  deposited  with  him,  or  which  shall  be  secured  by 
a  good  and  sufficient  bond  conditioned  to  indemnify  and  save  harmless 
such  bank  from  loss  or  damage  on  account  of  failure  to  pay  such  loan 
on  maturity,  filed  with  and  approved  by  the  Auditor  of  Public  Ac- 
counts. 

And,  provided,  further,  that  if  any  bank  or  association  existing 
hereunder  shall  cause  to  be  deposited  with  the  Auditor  of  Public  Ac- 
counts a  good  and  sufficient  bond,  or  shall  cause  to  be  deposited  with 
him  securities  approved  by  him  (such  securities  not  being  assets  of  said 
Lank  or  association),  the  Auditor  of  Public  Accounts  may  issue  to  such 
bank  or  association  a  permit,  granting  permission  to  such  bank  or 
association,  within  the  period  of  one  year  from  the  date  of  said 
permit,  to  carry,  without  liability  against  the  officers  and  directors 
of  such  bank  or  association,  on  account  of  such  loans  being  excessive, 
loans  otherwise  excessive  under  the  provisions  hereof,  to  an  aggregate 
amount  equal  to  the  amount  of  such  bond,  or  to  the  value  of  such  se- 
curities as  determined  by  the  Auditor  of  Public  Accounts.  Such  bond 


BANKS    AND    BANKING.  229 


shall  run  to  the  Auditor  of  Public  Accounts  for  the  use  of  said  bank  or 
association,  its  creditors  and  stockholders,  and  shall  undertake  to  in- 
demnify and  save  harmless  said  bank  or  association,  its  stockholders 
and  creditors,  against  loss  on  account  of  loans  carried  under  the  permit 
issued  by  the  Auditor  of  Public  Accounts  in  pursuance  of  the  filing 
of  such  bond;  and  such  securities  shall  be  deposited  under  a  like  con- 
tract running  to  the  Auditor  of  Public  Accounts  for  the  use  of  said 
bank  or  association,  its  creditors  and  stockholders,  undertaking  that 
such  securities  shall  be  held  to  indemnify  and  save  harmless  said  bank 
or  association,  its  stockholders  and  creditors,  against  loss  on  account 
of  loans  carried  under  the  permit  issued  by  the  Auditor  of  Public  Ac- 
counts in  pursuance  of  the  deposit  of  said  securities  with  the  Auditor : 
Provided,  further,  that  if  in  the  opinion  of  the  Auditor  of  Public  Ac- 
counts such  bond  or  such  securities  shall  become  impaired  in  value,  the 
Auditor  of  Public  Accounts  may  revoke  such  permit  unless  such  bank 
or  association  shall  file  with  the  Auditor  of  Public  Accounts  such  ad- 
ditional bond  or  such  additional  securities  as  will,  in  the  opinion  of 
the  Auditor  of  Public  Accounts,  fully  indemnify  such  bank  or  associa- 
tion, its  stockholders  and  creditors,  againet  loss  by  reason  of  loans  made 
under  such  permit. 

And,  -provided,  also,  that  the  total  liabilities  of  any  such  person, 
firm  or  corporation  for  money  borrowed  under  the  provisions  of  this 
section  shall  not  exceed  twenty-five  per  cent  of  the  deposits  of  any  bank 
or  association,  and  also  that  such  total  liabilities  shall  at  no  time  exceed 
the  amount  of*  the  capital  stock  of 'such  bank  or  association. 

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

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

§  11.  Banks  or  banking  associations  mav  be  organized  under  the 
provisions  of  this  Act  at  anv  place  in  this  State.  If  not  within  .any 
city,  town  or  incorporated  village,  with  a  minimum  capital  stock  of  ten 
thousand  dollars  ($10,000)  ;  if  within  a  city,  town  or  incorporated  vil- 


230  BANKS    AND    BANKING. 


lage,  the  capital  stock  shall  be  according  to  the  population  of  such  city, 
town  or  village,  as  determined  by  reference  to  the  last  preceding  United 
States  census,  as  follows : 

(a)  In  all  cities,  towns  and  villages  of  not  exceeding  five  hun- 
dred (500)  inhabitants  with  a  minimum  capital  stock  of  ten  thousand 
dollars   ($10,000). 

(b)  In  all  cities,  towns  and  villages  of  over  five  hundred  (500) 
inhabitants  and  not  exceeding  fifteen  hundred  (1,500)  inhabitants, 
with  a  minimum  capital  stock  of  fifteen  thousand  dollars  ($15,000). 

(c)  In  all  cities,  towns  and  villages  of  over  fifteen  hundred 
(1,500)  inhabitants  and  not  exceeding  five  thousand  (5,000)  inhabi- 
tants, with  a  minimum  capital  stock  of  twenty-five  thousand  dollars 
($25,000). 

(d)  In  all  cities,  towns  and  villages  of  over  five  thousand  (5,000) 
inhabitants  and  not  exceeding  ten  thousand  (10,000)  inhabitants,  with 
a  minimum  capital  stock  of  fifty  thousand  dollars   ($50,000). 

(e)  In  all  cities,  towns  and  villages  of  over  ten  thousand  (10,000) 
inhabitants  and  not  exceeding  fifty  thousand  (50,000)  inhabitants, 
with  a  minimum  capital  stock  of  fifty  thousand  dollars  ($50,000)  ; 
but  a  bank  so  incorporated  in  a  city,  town  or  village  of  over  ten  thous- 
and (10,000)  inhabitants  and  not  exceeding  fifty  thousand  (50,000) 
inhabitants,  with  a  capital  stock  of  not  less  than  one  hundred  thous- 
and dollars  ($100,000),  shall  not  accept  deposits  in  excess  of  five  hun- 
dred thousand  dollars  ($500,000),  so  long  as  its  capital  stock  is  less 
than  one  hundred  thousand  dollars  ($100,000).  Such  bank  may  at  any 
time  increase  its  capital  stock  to  not  less  than  one  hundred  thousand 
dollars  ($100,000),  and  if  the  Auditor  shall  find  the  deposits  in  excess 
of  the  limitation  contained  herein,  he  shall  order  such  bank  to  increase 
its  capital  stock  to  at  least  one  hundred  thousand  dollars  ($100,000) 
within  ninety  days  from  the  elate  of  such  order. 

If  any  such  bank  shall  fail  to  increase  its  capital  stock  within  said 
time,  the  Auditor  of  Public  Accounts  shall  revoke  and  cancel  the  per- 
mit and  authority  of  such  bank  to  carry  on  such  banking  business,  and 
shall  file  a  duly  certified  copy  of  such  revocation  and  cancellation  at 
the  office  for  the  recording  of  deeds  in  the  county  where  such  bank  has 
conducted  such  business, .  and  upon  the  recording  of  said  revocation, 
said  bank  shall  cease  to  receive  deposits  and  shall  proceed  to  dispose  of 
its  assets  and  wind  up  its  affairs  within  one  year  from  the  date  of  such 
revocation,  and  at  the  end  of  said  year  the  authority  of  said  bank  to 
conduct  any  business  under  the  provisions  of  this  Act  shall  cease  and 
determine. 

(f)  In  all  cities,  towns  and  villages  of  more  than  fifty  thousand 
(50,000)  inhabitants,  with  a  minimum  capital  stock  of  one  hundred 
thousand  dollars  ($100,000)  ;  but  a  bank  so  incorporated  in  a  city,  town 
or  village  of  more  than  fifty  thousand  (50,000)  inhabitants,  with  a  cap- 
ital stock  of  less  than  two  hundred  thousand  dollars  ($200,000),  shall 
not  accept  deposits  in  excess  of  one  million  dollars  ($1,000,000),  so  long 
as  its  capital  stock  is  less  than  two  hundred  thousand  dollars  ($200,000). 


BANKS    AND    BANKING.  231 


Such  bank  may  at  any  time  increase  its  capital  stock  to  not  less  than 
two  hundred  thousand  dollars  ($200,000),  and  if  the  Auditor  shall  find 
the  deposits  in  excess  of  the  limitation  contained  herein,  he  shall  order 
such  bank  to  increase  its  capital  stock  to  at  least  two  hundred  thousand 
dollars  ($200,000),  within  ninety  days  from  the  date  of  such  order. 

If  any  such  bank  shall  fail  so  to  increase  i-°  capital  stock  within 
said  time,  the  Auditor  of  Public  Accounts  shal)  *  evoke  and  cancel  the 
permit  and  authority  of  such  bank  to  carry  on  such  banking  business, 
and  shall  file  a  duly  certified  copy  of  such  revocation  and  cancellation 
at  the  office  for  the  recording  of  deeds  in  the  county  where  such  bank 
has  conducted  such  business,  and  upon  the  recording  of  said  revoca- 
tion, said  bank  shall  cease  to  receive  deposits  and  shall  proceed  to  dis- 
pose of  its  assets  and  wind  up  its  affairs  within  one  year  from  the  date 
of  such  revocation,  and  at  the  end  of  said  year  the  authority  of  said 
bank  to  conduct  any  business  under  the  provisions  of  this  Act  shall  cease 
and  determine. 

Should  the  capital  stock  of  any  bank  organized  under  this  Act  be- 
come impaired,  the  Auditor  shall  give  notice  to  the  president  to  have  the 
impairment  made  good  by  assessment  of  the  stockholders  or  a  reduc- 
tion of  the  capital  stock  of  such  bank,  if  the  reduction  should  not  bring 
the  capital  below  the  provisions  of  this  section;  and  if  the  capital  stock 
of  said  bank  shall  remain  impaired  for  thirty  days  after  notice  by  the 
Auditor,  he  shall  have  power,  and  it  is  hereby  made  his  duty  to  enter 
suit  against  each  stockholder  in  the  name  of  the  People  of  the  State  ol 
Illinois,  for  the  use  of  said  bank,  for  his  or  her  pro  rata  proportion  of 
said  impairment,  and  when  collected  shall  pay  over  the  amount  thereof 
to  said  bank,  and  the  judgment  in  such  case  shall  be  for  the  amount 
claimed  with  all  costs  and  reasonable  attorney's  fees,  which  fees  shall 
be  fixed  by  the  court,  or,  if  it  appears  from  the  reports  made  to  the  Audi- 
tor under  this  Act,  or  from  any  examination  made  by  or  on  behalf  of 
the  Auditor  that  the  conditions  of  any  bank  organized  under  this  Act 
are  such  that  the  impairment  of  the  capital  stock  cannot  be  made  good 
or  that  the  business  of  any  such  bank  is  being  conducted  in  an  illegal, 
fraudulent  or  unsafe  manner,  he  may,  in  his  discretion,  without  having 
taken  the  steps  provided  in  this  section  to  make  good  the  impaired  capi- 
tal stock,  forthwith  appoint  a  receiver,  and  require  of  him  such  bond 
and  security  as  he  deems  proper.  Such  receiver,  under  the  direction  of 
the  Auditor,  shall  take  possession  of  the  books,  records  and  assets  of 
every  description  of  such  bank,  collect  all  debts,  dues  and  claims  be- 
longing to  it,  and,  upon  the  order  of  a  court  of  record  of  competent 
jurisdiction,  may  sell  or  compound  all  bad  or  doubtful  debts,  and,  on 
a  like  order,  may  sell  all  the  real  and  personal  property  of  such  bank, 
on  such  terms  as  the  court  shall  direct;  and  may,  if  necessary  to  pay 
the  debts  of  such  bank,  enforce  the  individual  liability  of  the  stockholders. 

The  Auditor  of  Public  Accounts  shall,  upon  appointing  a  receiver, 
cause  notice  to  be  given  by  advertisement  in  such  newspaper  as  he  may 
direct  for  three  consecutive  months,  calling  on  all  persons  who  may  have 


232  BANKS   AND   BANKING. 


claims  against  such  bank  to  present  the  same,  and  to  make  legal  proof 
thereof. 

From  time  to  time  the  Auditor  of  Public  Accounts  shall  make  a 
ratable  dividend  of  the  moneys  collected  by  such  receiver  on  all  such 
claims  as  may  have  been  proved  to  his  satisfaction  or  adjudicated  in  a 
court  of  competent  jurisdiction,  and,  as  the  proceeds  of  the  assets  of  such 
bank  are  collected,  shall  make  further  dividends  on  all  claims  previously 
proved  or  adjudicated;  and  the  remainder  of  the  proceeds,  if  any,  shall 
be  paid  over  to  the  shareholders  of  such  bank,  or  their  legal  representa- 
tives, in  proportion  to  the  stock  by  them  respectively  held. 

Whenever  any  such  bank  against  which  proceedings  have  been  insti- 
tuted, or  for  which  a  receiver  has  been  appointed  as  aforesaid,  on  account 
of  any  alleged  impairment  of  its  capital  stock  Or  alleged  conduct  of  its 
business,  in  an  illegal,  fraudulent  or  unsafe  manner,  denies  such  grounds, 
it  may  at  any  time  within  ten  days,  apply  to  the  Circuit  Court  of  Sanga- 
mon County,  Illinois,  to  enjoin  further  proceedings  in  the  premises; 
and  such  court  after  citing  the  Auditor  of  Public  Accounts  to  show 
cause  why  further  proceedings  should  not  be  enjoined,  and  after  the 
decision  of  the  court  or  finding  of  a  jury  that  such  grounds  do  not  exist, 
shall  make  an  order  enjoining  the  Auditor,  and  any  receiver  acting 
under  his  direction,  from  all  further  proceedings  on  account  of  such 
alleged  grounds. 

All  expenses  of  any  preliminary  or  other  examinations  into  the 
condition  of  any  such  bank  shall  be  paid  by  such  bank.  All  expenses  of 
any  such  receivership,  including  reasonable  receiver's,  solicitor's  and 
attorney's  fees  to  be  approved  by  the  Auditor  of  Public  Accounts,  shall 
be  paid  out  of  the  assets  of  such  bank. 

No  bill  shall  be  filed  or  proceedings  commenced  in  any  court  for 
the  dissolution  or  for  the  winding  up  of  the  affairs  or  for  the  appoint- 
ment of  a  receiver  for  any  such  banking  corporation^ on  the  grounds  of 
insolvency  or  impairment  of  the  capital  stock  of  such  banking  corpora- 
tion or  upon  the  ground  that  such  bank  is  being  conducted  in  an  illegal, 
fraudulent  or  unsafe  manner,  except  in  the  name  and  by  the  authority 
of  the  Auditor  of  Public  Accounts,  represented  by  the  Attorney  General. 

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

§  12.  Whenever  the  board  of  directors,  managers  or  trustees  of 
any  corporation  having  any  banking  powers  existing  by  virtue  of  any 
general  or  special  law  of  this  State,  or  any  corporation  with  banking 
powers  hereafter  organized  under  the  provisions  of  this  Act,  may  desire 
to  change  the  name,  to  change  the  place  of  business,  to  increase  or  de- 
crease the  capital  stock,  to  extend  the  duration  of  its  charter,  to  increase 


BANKS    AND   BANKING.  233 


or  decrease  the  number  of  directors,  managers  or  trustees,  or  to  consoli- 
date such  corporation  with  any  other  corporation  having  banking  powers 
which  may  hereafter  exist,  they  may  call  a  special  meeting  of  the  stock- 
holders of  such  corporation  for  the  purpose  of  submitting  to  a  vote  of 
such  stockholders  the  question  of  such  change  of  name,  change  of  place 
of  business,  increase  or  decrease  of  number  of  directors,  managers  or 
trustees,  increase  or  decrease  of  capital  stock,  extension  of  duration  of 
its  charter,  or  consolidation  with  some  other  corporation,  as  the  case 
may  be :  Provided,  that  in  changing  the  name  of  any  corporation  under 
the  provisions  hereof,  no  name  shall  be  assumed  or  adopted  by  any  cor- 
poration organized  under  the  laws  of  this  State  without  the  consent  of 
such  other  corporation,  and  that  in  no  case  shall  the  capital  stock  be 
diminished  to  the  prejudice  of  the  creditors  of  such  corporation,  or  the 
number  of  directors,  managers  or  trustees  be  reduced  to  less  than  three 
or  increased  to  more  than  twenty-one. 

Such  special  meeting  shall  be  called  by  delivering  personally,  or  by 
depositing  in  the  postofhee  at  least  thirty  days  before  the  time  fixed  for 
such  meeting,  a  notice  properly  addressed  to  each  stockholder,  signed  by 
a  majority  of  said  directors,  managers  or  trustees,  stating  the  time,  place 
and  object  of  such  meeting.  A  general  notice  of  the  time,  place  and  ob- 
ject of  such  meeting  shall  also  be  published  for  three  successive  weeks 
in  some  newspaper  printed  in  or  nearest  to  the  county  in  which  the  prin- 
cipal business  office  of  said  corporation  is  located.  At  any  such  meeting 
stockholders  may  vote  in  person  or  by  proxy,  each  stockholder  being 
entitled  to  one  vote  for  each  share  of  stock  held  by  him,  and  votes  repre- 
senting two-thirds  of  all  the  stock  of  the  corporation  shall  be  necessary 
for  the  adoption  of  the  proposed  change  of  name,  place  of  business,  num- 
ber of  directors,  managers  or  trustees,  amount  of  capital  stock,  extension 
of  duration  of  charter  or  consolidation  with  some  other  company.  At 
any  regular  meeting,  or  at  the  time  and  place  specified  in  said  notice 
of  a  special  meeting  called  for  that  purpose,  said  propositions,  or  any  of 
them,  may  be  submited  to  a  vote,  and  if  it  shall  appear  that  two-thirds  of 
all  votes  represented  by  the  whole  stock  of  such  corporation  are  in 
favor  of  the  propositions  or  any  of  them,  so  submitted,  a  certificate  there- 
of, verified  by  the  affidavit  of  the  president,  and  under  seal  of  the  cor- 
poration, shall  be  filed  in  the  office  of  the  Auditor,  and  a  like  certificate 
filed  for  record  in  the  office  of  the  recorder  of  deeds  of  the  county  where 
the  principal  business  office  of  such  corporation  is  located ;  and  upon  the 
filing  of  such  certificate  the  changes  proposed  and  voted  for  at  such  meet- 
ing, as  to  name,  place  of  business,  increase  or  decrease  of  capital  stock, 
or  number  of  directors,  managers  or  trustees,  extension  of  duration  of 
charter,  or  consolidation  with  some  other  company,  shall  be  and  is  hereby 
declared  accomplished  in  accordance  with  the  said  vote  of  the  stock- 
holders :  And,  provided,  further,  that  any  corporation  with  banking 
powers  availing  himself  of  or  accepting  the  benefits  of,  or  formed  under, 
this  Act,  and  all  corporations  with  banking  powers  existing  by  virtue  of 
any  special  charter  or  general  law  of  this  State,  shall  be  subject  to  the 
provisions  and  requirements  of  this  Act  in  every  particular,  as  if  organ- 
ized under  this  Act. 


234  BANKS    AND    BANKING. 


Such  corporation  shall,  upon  the  filing  of  said  certificate;,  cause  to 
be  published  in  some  newspaper  in  or  nearest  the  county  in  which  their 
principal  office  is  located,  a  notice  of  such  changes  of  organization  for 
three  successive  weeks. 

Such  change  of  name,  place  of  business,  increase  or  decrease  of  capi- 
tal stock,  increase  or  decrease  of  number  of  directors,  managers  or  trus- 
tees, extension  of  duration  of  charter,  or  consolidation  of  one  corporation 
with  another,  shall  not  affect  suits  pending  in  which  such  corporations 
or  corporation  shall  be  parties;  nor  shall  such  changes  affect  causes  of 
action,  nor  the  rights  .of  persons  in  any  particular ;  nor  shall  suits  brought 
against  such  corporation  by  its  former  name  be  abated  for  that  cause. 

§  13.  All  corporations  with  banking  powers  consolidating  as  pro- 
vided in  section  12,  shall  forward  to  the  Auditor  the  complete  proceeding 
of  their  consolidation,  a  list  of  the  stockholders,  and  such  other  records 
as  the  Auditor  may  require,  when  the  Auditor  shall  proceed  as  provided 
in  section  5  of  this  Act  in  regard  to  the  organization  of  new  banks,  and 
until  be  shall  so  proceed,  and  such  consolidated  corporation  shall  com- 
ply with  all  the  provisions  of  such  section,  it  cannot  begin  business. 

§  14.  In  all  cases  where  any  corporation  having  any  banking 
powers,  existing  under  and  by  virtue  of  any  general  or  special  laws  of 
this  State,  has,  prior  to  the  passage  of  this  Act,  changed  its  name  or  its 
place  of  business,  or  increased  or  decreased  its  capital  stock  or  the  num- 
ber of  its  directors,  managers  or  trustees,  in  the  manner  provided  by  an 
Act  of  the  General  Asembly  of  this  State,  entitled  "An  Act  to  provide 
for  changing  the  names,  for  changing  the  places  of  business,  for  increas- 
ing or  decreasing  the  capital  stock,  for  increasing  or  decreasing  the  num- 
ber of  directors,  and  for  the  consolidation  of  incorporated  companies," 
approved  and  in  force  March  26,  1872,  such  change  or  changes  are  here- 
by ratified  and  confirmed  and  made  valid  and  legal  in  all  respects  as  if 
made  in  pursuance  of  the  provisions  of  this  Act. 

§  15.  Any  association  organized  under  this  Act,  or  any  corpora- 
tion with  banking  powers  organized  in  pursuance  of  any  general  or 
special  law  of  this  State,  or  any  consolidated  corporation  with  banking 
powers  as  provided  for  by  this  Act,  on  depositing  with  the  Auditor  an 
amount  of  money  equal  to  the  whole  amount  of  debts  and  demands 
against  it,  including  the  expenses  of  this  proceeding,  may  determine 
its  affairs,  distribute  its  assets  among  its  stockholders,  resign  its  charter 
or  certificate  of  incorporation,  and  close  up  its  business,  by  a  resolution 
passed  at  a  meeting  of  its  stockholders  called  for  such  purpose.  The 
Auditor  shall  cause  a  copy  of  such  resolution  to  be  published  in  some 
newspaper  published  in  the  city  or  village  where  such  bank  or  corpora- 
tion is  located;  or  if  no  newspaper  shall  there  be  published,  then  in  the 
newspaper  nearest  to  such  city  or  village,  and  the  Auditor  shall  in  such 
publication  also  give  notice  that  the  notes  and  demands  against  such 
bank  or  corporation  will  be  redeemed  by  him,  and  if  >any  outstanding 
notes  or  other  demands  are  not  presented  in  one  year,  such  bank  may 
deposit  with  the  Auditor  or  elsewhere,  under  his  direction,  and  subject 
to  his  order,  on  interest,   a   sum  sufficient  to  meet   such   outstanding 


BANKS    AND    BANKING.  235 


demands,  which,  when  presented  to  the  Auditor,  shall  be  paid  by  him 
out  of  such  sum  and  after  six  years  from  the  day  on  which  the  publica- 
tion of  the  dissolution  was  first  made,  the  Auditor  shall  return  to  the 
stockholders,  to  be  among  them  distributed,  the  remainder  of  any  sum 
so  deposited. 

The  Auditor  shall  be  entitled  to  two  per  cent,  of  all  money  paid  out 
by  him  under  the  provisions  of  this  section,  where  the  amount  so  paid, 
on  account  of  any  one  bank  or  corporation,  shall  not  exceed  five  thou- 
sand dollars,  and  one  per  cent,  after  that. 

§  15^.  After  January  1,  1921,  no  natural  person  or  natural  per- 
sons, firm  or  partnership  shall  transact  the  business  of  banking  or  the 
business  of  receiving  money  upon  deposit,  or  shall  use  the  word  "Bank" 
or  "Banker"  in  connection  with  said  business  or  shall  transact  the 
business  of  transmitting  money  to  foreign  countries  or  buying  and 
selling  foreign  money  or  receiving  money  on  deposit  to  be  transmitted 
to  foreign  countries  provided  that  express,  steamship  and  telegraph  com- 
panies may  continue  their  business  of  transmitting  money  and  receiving 
money  to  be  transmitted;  and  provided,  further,  that  nothing  herein 
contained  shall  be  construed  to  prohibit  banks  incorporated  under  the 
laws  of  this  State  or  of  the  United  States  from  appointing  natural  per- 
sons as  agents  to  receive  deposits  of  savings  in  and  through  the  public 
schools.  Any  person  or  persons  violating  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  more  than  one  thousand  dollars  ($1,000)  or  by  im- 
prisonment in  the  county  jail  for  not  more  than  one  (1)  year,  or  by 
both  such  fine  and  imprisonment,  and  the  Attorney  General  or  State's 
attorney  of  the  county  in  which  any  such  violation  occurs  may  restrain 
such  violation  by  a  bill  in  equity  to  be  filed  in  the  Circuit  Court  of  such 
county. 

§  16.  "An  Act  concerning  corporations  with  banking  powers" 
approved  June  16,  1887,  and  all  Acts  amendatory  thereof,  are  hereby 
repealed  as  of  the  date  this  Act  becomes  effective. 

§  17.  It  shall  be  the  duty  of  the  Secretary  of  State  for  this  State 
to  submit  this  Act  to  a  vote  of  the  people  for  their  ratification,  accord- 
ing to  Article  XI,  section  5,  of  the  Constitution  of  this  State,  at  the 
next  general  election,  and  the  question  shall  be  "For  an  Act  to  revise 
the  law  with  relation  to  banks  and  banking"  or  "Against  an  Act  to  re- 
vise the  law  with  relation  to  banks  and  banking".  And  if  approved  by 
a  majority  of  the  votes  cast  at  such  election  for  or  against  such  law,  the 
Governor  shall  thereupon  issue  his  proclamation  that  this  Act  is  then 
in  force. 

Approved  June  23,  1919. 


236  BEDDING. 


BEDDING. 


SANITATION   AND   LABELING. 

§   1.     Definition.  §   6.     What    constitutes    unit    for    sepa- 

rate and  distinct  offense. 
§   2.     Not  to  use   certain   materials. 

§    7.     Duty    of    Chief    Factory    Inspector 
§   3.     Not  to  sell  certain  bedding.  to    make    investigation — State's 

attorney  to  prosecute. 
§   4.     Form   of   labels   and   tags. 

§    8.     Penalty   for   violation   of  Act. 
§    5.     Labels    and    tags    not    to    be    re- 
moved,   etc. 

(House  Bill,  No.   434.     Approved  June  28,   1919.) 

An  Act  defining  bedding  and  to  provide  for  the  tagging  and  labelling 
thereof,  regulating  the  use  of  unsanitary  materials  therein,  providing 
for  the  enforcement  of  the  provisions  of  the  Act  and  punishing 
violations  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  term  bedding  as  used 
in  this  Act  shall  be  construed  to  mean  any  mattress,  mattress  pad,  bed 
comforter,  quilted  pad,  upholstered  spring  or  pillow,  except  where  the 
filling  thereof  consists  exclusively  of  sterilized  feathers. 

The  word  "person"  as  used  in  this  Act  shall  be  construed  to  im- 
part the  plural  and  the  singular  as  the  case  demands  and  shall  include 
corporations,  companies,  societies,  and  associations. 

When  construing  and  enforcing  the  provisions  of  this  Act,  the 
act,  omission  or  failure  of  any  officer,  agent  or  other  person  acting  for, 
or  employed  by,  any  corporation,  company,  society  or  association,  within 
the  scope  of  his  employment  or  office,  shall  in  every  case  be  also  deemed 
to  be  the  act,  omission  or  failure  of  such  corporation,  company,  society 
or  association  as  well  as  that  of  the  person.  The  provisions  of  this 
Act  shall  not  apply  in  the  case  of  renovation  of  articles  of  bedding 
by  or  for  the  owner  thereof  for  his  own  use. 

§  2.  No  person  shall  use  in  the  making  or  remaking  of  any 
article  of  bedding  as  herein  defined  any  material  of  any  kind  that  has 
been  used  by  or  about  any  person  having  an  infectious  or  contagious 
disease,  or  has- formed  a  part  of  any  article  of  bedding  which  has  been 
so  used,  unless  such  material  has  been  disinfected  by  an  approved  process 
of  disinfection. 

§  3.  No  person  shall  knowingly  sell,  offer  for  sale,  deliver,  con- 
sign in  sale,  or  have  in  his  possession  with  intent  to  sell,  deliver  or 
consign  in  sale,  any  article  of  bedding  that  has  been  used  by  or  about 
any  person  having  an  infectious  or  contagious  disease. 

§  4.  No  nerson  shall  sell,  offer  for  sale,  or  consign  in  sale,  or 
have  in  his  possession  with  intent  to  sell,  or  consign  in  sale  any  article 
of  bedding  as  hereinabove  defined,  unless  the  same  be  labelled  and 
tagged  as  follows : 

Upon  each  of  such  articles  of  bedding-  there  shall  be  securely 
sewed  upon  the  outside  thereof  a  muslin  or  linen  label  or  tag,  not  less 
than  2  in.  by  3  in.  in  size,  upon  which  shall  be  legibly  written  or 
printed,  in  the  English  language,  the  material  used  as  the  filling  of 


BEDDING.  237 


such  article  of  bedding:  If  all  the  material  used  in  the  manufacture 
of  such  article  of  bedding  shall  not  have  been  previously  used,  the 
words  "Manufactured  of  New  Material"  shall  appear  upon  said  label 
or  tag,  together  with  the  name  and  address  of  the  maker,  or  vendor, 
or  successive  vendors  thereof. 

If  any  of  the  material  used  in  the  making  or  remaking  of  such 
article  of  bedding  shall  have  been  previously  used,  the  words  "Manu- 
factured of  Used  Material"  or  "Re-made  of  Used  Material"  as  th» 
case  may  be,  shall  appear  upon  said  tag  or  label,  together  with  the 
name  and  address  of  the  maker  or  vendor  or  successive  vendors  thereof, 
and  also  the  material  used  as  the  filling  of  such  article  of  bedding. 

The  words  "Manufactured  of  New  Material  or  "Manufactured 
of  Used  Material"  or  "Re-made  of  Used  Material"  together  with  the 
description  of  the  material  used  as  the  filling  of  articles  of  bedding 
shall  be  of  letters  not  less  than  one-eighth   (%)   of  an  inch  in  height. 

If  such  article  of  bedding  be  enclosed  in  a  bale,  box  or  crate,  the 
receptacle  shall  bear  a  tag  stating  that  the  contents  of  the  package 
is  labelled  or  tagged  as  required  by  this  Act. 

In  the  description  of  material  used  upon  said  label  or  tag  it 
shall  be  unlawful  to  use  in  the  description  of  such  material,  used  as 
the  filling  of  any  article  of  bedding,  any  term  or  designation  likely  to 
mislead. 

§  5.  Any  person  who  shall  remove,  deface,  alter  or  shall  cause 
to  be  removed,,  defaced  or  altered  any  label  or  tag  upon  any  article  of 
bedding  so  labelled  or  tagged  under  the  provisions  of  this  Act  shall 
be  guilty  of  a  violation  thereof. 

§  6.  The  unit  for  a  separate  and  distinct  offense  in  violation  of 
this  Act  shall  be  each  and  every  article  of  bedding  made,  re-made,  sold, 
offered  for  sale,  delivered,  consigned  or  possessed  with  intent  to  sell, 
deliver  or  consign,  contrary  to  the  provisions  hereof. 

§  7.  It  shall  be  the  duty  of  the  Chief  Factory  Inspector  of  the 
State  of  Illinois,  when  he  has  reason  to  believe  that  any  of  the  pro- 
visions of  this  Act  are  being  or  have  been  violated,  to  make  an  immed- 
iate investigation  and  if  he  finds  the  facts  warrant,  he  shall  present 
the  same  to  the  State's  attorney  for  the  county  in  which  the  supposed 
violation  has  occurred  and  it  shall  thereupon  be  the  duty  of  the  State's 
attorney  to  cause  appropriate  proceedings  to  be  begun  and  prosecuted 
in  the  proper  court  for  the  enforcement  of  the  penalties  herein  pro- 
vided for. 

§  8.  Any  person  violating  the  provisions  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  $25.00  nor  more  than  $500.00,  or  by  imprisonment 
not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

Approved  June  28,  1919. 


238  BONDS. 


BONDS. 

LINCOLN  PARK. 

S    1.     Amends   sections   1   and   6,   Act   of  §   6.      Sale    of    bonds — interest 

1915.  — limit    of    issue. 

§   1.     Authorizes  issue  of  $2,- 
000,000   of   bonds. 

(House  Bill  No.   286.     Approved  May   1,   1919.) 

An  Act  to  amend  section  one  (1)  and  section  six  (6)  of  an  Act  en- 
titled, "An  Act  authorizing  'The  Commissioners  of  Lincoln  Park'  to 
issue  bonds,  and  providing  for  the  payment  thereof,"  approved  June 
21+,  1915,  in  force  July  1,  1915. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  one  (1)  and  sec- 
tion six  (6)  of  an  Act,  entitled  "An  Act  authorizing  'The  Commis- 
sioners of  Lincoln  Park'  to  issue  bonds,  and  providing  for  the  payment 
thereof"  approved  June  24,  1915,  in  force  July  1,  1915,  be  amended 
so  as  to  read  as  follows : 

§  1.  That  "The  Commissioners  of  Lincoln  Park"'  of  the  county 
of  Cook,  are  hereby  authorized  to  from  time  to  time  issue  bonds  not 
exceeding  the  total  amount  of  two  million  dollars  ($2,000,000)  for  the 
purpose  of  enlarging  and  improving  Lincoln  Park  and  completion  of 
work  already  begun. 

§  6.  In  case  a  majority  of  the  votes  cast  upon  the  proposition 
shall  be  in  favor  thereof  "The  Commissioners  of  Lincoln  Park"  may 
proceed,  from  time  to  time,  to  issue  and  sell  said  bonds,  in  denomina- 
tions of  one  hundred  ($100)  dollars,  or  any  multiple  thereof,  payable 
in  not  exceeding  twenty  (20)  annual  installments,  said  bonds  to  bear 
interest  at  the  rate  of  not  more  than  five  (5)  per  centum  per  annum, 
evidenced  by  interest  coupons  payable  semi-annually.  Nothing  here- 
in contained  shall  be  construed  to  authorize  the  contracting  of  an  in- 
debtedness in  excess  [of]  five  (5)  per  centum  of  the  valuation  of  the 
taxable  property  in  said  district  as  assessed  for  State  and  county  pur- 
poses. 

Approved  May  1,  1919. 


LINCOLN  PARK. 

§    1.     Amends   sections    1,    2    and    3,    Act  §   2.     Election     to     be     held — 

of  1907.  notice. 

§    1.      Commissioners    to    issue  §    3.      Form  of  ballot, 

bonds. 

(Senate  Bill  No.   488.     Approved  June  28,   1919.) 

An  Act  to  amend  section  one  (1),  section  two  (2),  and  section  three  (3) 
of  an  Act  entitled,  '"An  Act  authorizing  the  Commissioners  of  Lin- 
coln Park  to  issue,  bonds,  and  providing  for  payment  thereof,"  ap- 
proved May  25,  1907,  in  force  July  1,  1907. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  section  one    (1),  section 


BONDS.  2:3!) 


two  (2)  and  .section  three  (3)  of  an  Act  entitled,  "An  Act  authorizing 
the  Commissioners  of  Lincoln  Park  to  issue  bunds,  and  providing  for 
payment  thereof/'  approved  May  25,  1907,  in  force  July  1,  1907,  he 
amended  so  as  to  read  as  follows : 

§  1.  That  "The  Commissioners  of  Lincoln  Park"  of  the  county 
of  Cook,  are  authorized  to  issue  bonds  to  the  amount  of  not  exceeding 
one  million  dollars,  for  the  purpose  of  constructing  or  aiding  in  the 
constructing  of,  or  paying  the  cost  of,  or  contributing  toward  the  pay- 
ment of  the  cost  of,  or  reimbursing,  wholly  or  in  part,  any  such  city 
hereinafter  mentioned,  for  the  cost  of  any  improvement  consisting 
wholly  or  in  part  of  surface  or  elevated  boulevards  or  thoroughfares,  or 
the  approaches  thereto,  or  bridges,  subways,  or  tunnels,  and  the  ap- 
proaches thereto,  located  wholly  or  in  part  in  the  district  or  territory 
taxable  for  the  maintenance  of  Lincoln  Park  as  authorized  by  law, 
over,  across,  along,  upon,  in  or  under  streets,  alleys,  or  public  waters, 
whenever  thereunto  authorized  by  any  city  having  control  thereof,  or 
engaged  in  the  construction  of  any  such  improvement,  or  if  heretofore 
or  hereafter  properly  authorized,  and  whenever  such  improvement  so 
constructed  or  to  he  constructed  connects  any  park  or  parks  under  the 
control  of  the  Commissioners  of  Lincoln  Park  with  any  other  public 
park  or  parks. 

§  2.  Whenever  "The  Commissioners  of  Lincoln  Park"  desire  to 
issue  said  bonds,  they  shall,  by  ordinance,  direct  an  election  to  be  held 
in  the  district  or  territory  taxable  for  the  maintenance  of  Lincoln  Park 
as  authorized  by  law,  fixing  the  street  or  streets  included  or  to  be  in- 
cluded in  such  improvement,  the  general  character  of  the  improve- 
ments, the  amount  of  bonds  proposed  to  he  issued,  the  date  of  the 
election  and  the  polling  places  at  which  the  election  is  to  be  held, 
and  directing  the  secretary  to  post  and  publish  a  notice  of  election. 
The  notice  of  said  election  shall  include  said  ordinance  and  shall 
be  posted  in  at  least  ten  (10)  public  places  in  said  district  at  least 
twenty-one  (21)  days  prior  to  the  election  and  such  notice  shall  be 
published  in  a  newspaper  having  a  general  circulation  in  said  dis- 
trict at  least  once  in  each  week  for  three  successive  weeks,  the  first 
publication  to  be  made  at  least  twenty-one  days  prior  to  the  date  of 
election.  The  judges  and  clerks  at  such  election  shall  be  selected  and 
the  votes  canvassed  by  "The  Commissioners  of  Lincoln  Park."  The 
election  may  be  held  on  the  same  day  and  at  the  same  places  as  any 
general  or  special  election. 

§  3.  The  ballots  at  the  election  hereby  authorized  shall  be  a 
separate  ballot,  and  in  substantially  the  following  form  : 

Official  Ballot. 

Instructions  to  Voters.  To  cast  a  ballot  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot,  place  a  cross  (X)  mark  in  the  square 
opposite  the  word  "Yes."  To  vote  against  the  proposition  submitted 
upon  this  ballot,  place  a  cross  (X)  mark  opposite  the  word  "No." 


240  BONDS. 


Shall  the  following  be  adopted? 


Proposition  to  issue  bonds  of  Lincoln  Park  to 

Yes 

purpose     of improvement 

No 

Approved  June  28,  1919. 


UNITED   STATES. 
§    1.     Sale  and  purchase — penalty  for  violation — emergency. 

(Senate  Bill  No.   55.     Piled  July   11,   1919.) 

An  Act  to  prohibit  false  and  misleading  statements  in  advertisements 
offering  to  purchase  United  States  bonds  of  the  liberty  loans. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  It  shall  be  unlawful  for  any 
person,  firm,  association  or  corporation  to  offer  in  any  newspaper, 
periodical,  circular,  form  or  letter  to  purchase  United  States  bonds  of 
the  liberty  loans  and  to  offer  a  price  or  quotation  for  any  issue  of  such 
bonds  unless  he  shall  also  publish  in  such  advertisement,  notice,  circular, 
form  or  letter  the  price  offered  for  any  and  all  other  issues  offered  to 
be  purchased. 

It  shall  be  unlawful  for  any  person,  firm,  association  or  corpora- 
tion to  advertise  or  offer  in  any  periodical,  newspaper,  circular,  form 
or  letter  to  pay  a  specific  price  for  United  States  bonds  of  the  liberty 
loans  unless  such  person,  firm,  association  or  corporation  at  the  time 
of  making  such  offer,  intended  to  comply  strictly  with  the  terms  of 
such  offer  or  advertisement. 

Whoever  shall  violate  the  provisions  of  this  Act  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars  ($100)  nor  more  than  five 
hundred  dollars  ($500)  or  imprisonment  in  the  county  jail  for  a 
period  of  not  more  than  six  (6)  months,  or  both  such  fine  and  im- 
prisonment. 

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

Filed  July  11,  1919. 

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

Witness  my  hand   this   11th   day   of  July,   A.    D.    1919. 

Louis  L.  Ejimeeson,  Secretary  of  State. 


CHARITIES.  241 


CHAKITIES. 

CARE  AND   DETENTION   OF   FEEBLE   MINDED. 

§   1.     Amends  section   3,   Act   of   1915.  §   3.     Who  may  petition  court — 

what  petition  to  con- 
tain —  endorsements  — 
against  whom  process 
shall    issue. 

(Senate  Bill  No.   220.     Approved  June  28,    1919.) 

An  Act  to  amend  section  3  of  an  Act  entitled:  "An  Act  to  letter  pro- 
vide for  the  care  and  detention  of  feeble-minded  persons"  approved 
June  24,  1915,  in  force  July  1,  1915. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  3  of  an  Act  entitled, 
"An  Act  to  better  provide  for  the  care  and  detention  of  feeble-minded 
persons/'  approved  June  24,  1915,  in  force  July  1,  1915,  is  amended 
to  read  as  follows : 

§  3.  When  any  person  residing  in  this  State  shall  be  supposed 
to  be  feeble-minded,  and  by  reason  of  such  mental  condition  of  feeble- 
mindedness, and  of  social  conditions,  such  as  want  of  proper  supervision, 
control,  care  and  support,  or  other  causes,  it  is  unsafe  and  dangerous 
to  the  welfare  of  the  community  for  him  to  be  at  large  without  super- 
vision, control  and  care,  any  relative,  guardian  or  conservator,  or  any 
reputable  citizen  of  the  State  in  which  such  supposed  feeble-minded 
person  resides  or  is  found  may,  by  leave  of  court  first  had  and  obtained, 
file  with  the  clerk  of  either  the  Circuit  Court,  or  of  the  County  Court 
of  the  county  in  which  such  supposed  feeble-minded  person  resides  or 
is  found,  or  with  the  clerk  of  a  City  Court,  including  the  Municipal 
Court  of  Chicago,  when  the  supposed  feeble-minded  person  resides  or 
is  found  in  the  city,  a  petition  in  writing,  setting  forth  that  the  per- 
son therein  named  is  feeble-minded,  the  fact  and  circumstances  of  the 
social  conditions,  such  as  want  of  proper  supervision,  control,  care  and 
support,  or  other  causes,  making  it  unsafe  or  dangerous  to  the  welfare 
of  the  community  for  such  person  to  be  at  large  without  supervision, 
control  or  care ;  also  the  name  and  residence,  or  that  such  name  or 
residence  is  unknown  to  the  petitioner,  of  some  person,  if  any  there 
be,  actually  supervising,  caring  for  or  supporting  such  person,  and  of 
at  least  one  person,  if  any  there  be,  legally  chargeable  with  such  super- 
vision, care  or  support,  and  also  the  names  and  residences  or  that  same 
are  unknown  of  the  parents  or  guardians. 

The  petition  shall  also  allege  whether  or  not  such  person  has  been 
examined  by  a  qualified  physician  having  personal  knowledge  of  the 
condition  of  such  alleged  feeble-minded  person.  There  shall  be  en- 
dorsed on  such  petition  the  names  and  residences  of  witnesses  known 
to  petitioner  by  whom  the  truth  of  the  allegations  of  the  petition  may 
be  proved,  as  well  as  the  name  and  residence  of  a  qualified  physician, 
if  any  is  known  to  the  petitioner,  having  personal  knowledge  of  the 
case.  All  persons  named  in  such  petition  shall  be  made  defendants  by 
name  and  shall  he  notified  of  such  proceedings  by  summons,  if  residents 
of  this  State,  in  the-  same  manner  as  is  now  or  mav  hereafter  be  re- 
—16  L 


242 


CHARITIES. 


quired  by  law  in  proceedings  in  chancery  in  this  State,  except  only  as 
herein  otherwise  provided.  All  persons  whose  names  are  stated  in  the 
petition  to  be  unknown  to  the  petitioner  shall  be  deemed  and  taken  as 
defendants  by  the  name  and  designation  of  "all  whom  it  may  concern." 
The  petition  shall  be  verified  by  affidavit,  which  shall  be'  sufficient  if  it 
states  that  it  is  based  upon  information  and  belief.  Process  shall  be 
issued  against  all  persons  made  parties  by  the  designation  of  "all  whom 
it  may  concern"  by  such  description  and  notice  given  by  publication  as 
required  in  this  Act,  shall  be  sufficient  to  authorize  the  court  to  hear 
and  determine  the  suit  as  though  the  parties  had  been  sued  by  their 
proper  names. 

Approved  June  28,  1919. 

HOME  FOR  DELINQUENT  BOYS. 


§    1.     Adds  section   17%    to  Act  of  1901. 


§    17%.     Who  may  be  sentenced 
and  committed. 


(House  Bill  No.   651.     Approved  June  28,   1919.) 
An  Act  to  amend  an  Act  entitled,  "An  Act  to  establish,  a  home  for  de- 
linquent hoys,"  approved  May  10,  1901,  in  force  July  1,  1901,  by 
adding  thereto  a  new  section  to  be  known  as  section  seventeen  and 
one-half  (lty^), 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  establish  a  home  for  delinquent  boys,"  approved  May  10,  1901,  in 
force  July  1,  1901,  be  amended  by  adding  thereto  a  new  section  to  be 
known  as  section  seventeen  and  one-half  (17%)   to  read  as  follows: 

§  17%.  Any  male  person  between  the  ages  of  ten  and  sixteen 
years  may  be  sentenced  and  committed  under  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  the  sentence  and  commitment  of  persons 
convicted  of  crime  or  offenses  and  providing  for  a  system  of  parole  and 
to  repeal  certain  Acts  and  parts  of  Acts  therein  named,"  approved  June 
25,.  1917,  in  force  July  1,  1917,  as  the  same  has  been  or  may  be  amended, 
to  the  "St.  Charles  School  for  Boys,"  for  any  and  all  crimes  or  offenses 
instead  of  the  penitentiary  or  county  jail,  in  the  discretion  of  the  court, 
subject  to  all  the  terms  of  said  Act. 
Approved  June  28,  1919. 


HOME  FOR  JUVENILE  FEMALE  OFFENDERS. 

§   1.     Adds   section   28a  to  Act   of   1893.  §   28a.     Any    girl    under    age    of 

eighteen  convicted  of 
offense  against 
United  States  may 
be  committed  to — 
expense  borne  by 
United  States. 

(Senate   Bill   No.    227.     Approved   June    11,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  a  State  home 
for  juvenile  female  offenders,"  approved  June  22,  1S93,  in  force 
July  1,  1S93,  as  amended,  by  adding  thereto  a  new  section,  to  be 
known  as  section  28a. 

Section  1.     Be  it  enacted  by  the  People  of  t%e  State  of  Illinois, 

represented  in  the   General  Assembly:     An  Act  entitled,  "An  Act  to 


CHARITIES.  243 


provide  for  a  State  home  for  juvenile  female  offenders,"  approved  June 
22,  1893,  in  force  July  1,  1893,  as  amended,  is  amended  by  adding 
thereto  a  new  section,  to  be  known  as  section  28a,  to  read  as  follows : 

§  28a.  Any  girl  under  the  age  of  eighteen  (18)  years  who  is 
a  resident  of  this  State  and  who  is  under  sentence  of  imprisonment  as 
a  result  of  being  convicted  of  an  offense  against  the  United  States,  in 
any  court  of  the  United  States  sitting  in  this  State,  may  be  committed 
to  and  .confined  in  the  State  Training  School  for  Girls  until  such  sent- 
ence is  executed,  or  until  duly  discharged  by  the  United  States,  but  no 
person  who  would  be  more  than  twenty-one  (21)  years  of  age  upon  the 
completion  of  the  sentence  of  imprisonment  imposed  upon  her  shall  be 
committed  to  the  State  Training  School  for  Girls.  The  expense  of 
supporting  and  caring  for  any  person  so  committed  to  the  State  Train- 
ing School  for  Girls  shall  be  borne  by  the  United  States.  Any  person 
so  committed  shall  be  cared  for,  educated  and  disciplined  in  the  same 
manner  as  other  inmates  in  the  State  Training  School  for  Girls  are 
cared  for,  educated  and  disciplined.  The  provisions  of  sections  21,  22, 
27  and  28  of  this  Act  shall  not  apply  to  any  person  committed  under  the 
provisions  of  this  section. 

Approved  June  11,  1919. 


HOME   FOR   DELINQUENT   BOYS. 

§   1.     Adds   section   17a   to   Act   of   1901.  §    17a.     Male  cnild  under  age  of 

seventeen  convicted 
of  offense  against 
United  States  may 
be  committed  to — 
expense  borne  by 
United    States. 

(Senate  Bill   No.    228.     Approved  June    11,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  establish  a  home  for 

delinquent  boys",  approved  May  10,  1901,  in  force  July  1,  1901,  as 

amended,  by  adding  thereto  a  new  section  to  be  known  as  section  17a. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     An  Act  entitled,  "An  Act  to 

establish   a   home   for   delinquent   boys/'    approved   May   10,    1901,    in 

force  July  1,  1901,  as  amended,  is  amended  by  adding  thereto  a  new 

section  to  be  known  as  section  17a,  to  read  as  follows : 

§  17a.  Any  male  child  under  the  age  of  seventeen  (17)  years 
who  is  a  resident  of  this  State  and  who  is  under  sentence  of  imprison- 
ment as  a  result  of  being  convicted  of  an  offense  against  the  United 
States,  in  any  court  of  the  United  States  sitting  in  this  State,  may 
be  committed  to  and  confined  in  the  St.  Charles  School  for  Boys  until 
such  sentence  is  executed,  or  until  discharged  by  the  United  States, 
but  no  person  who  would  be  more  than  twenty-one  (21)  years  of  age 
upon  the  completion  of  the  sentence  or  imprisonment  imposed  upon 
him  shall  be  committed  to  the  St.  Charles  School  for  Boys.  The  ex- 
pense of  supporting  and  caring  for  any  person  so  committed  to  the 
St.  Charles  School  for  Boys  shall  be  borne  by  the  United  States.  Any 
person  so  committed  shall  be  cared  for,  educated  and  disciplined  in  the 
same  manner  as  other  inmates  in  the  St.  Charles  School  for  Bovs  are 


244  CHARITIES. 


eared  for,  educated  and  disciplined.  The  provisions  of  section  17  of 
this  Act  shall  not  apply  to  any  person  committed  under  the  provisions 
of  this  section. 

Approved  June  11,  1919. 

HOME   FOR   JUVENILE    FEMALE    OFFENDERS. 

§    1.     Amends  section  16,  Act  of  1893.  §   16.     Girls     between     ages     of 

ten  and  eighteen  may 
be  sentenced  and  com- 
mitted. 

(House  Bill  No.  650.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  a  State  home 
for  juvenile  female  offenders/'  approved  June  22,,'  1893,  in  force 
July  1,  1893,  as  subsequently  amended,  be  amended  by  amending  sec- 
tion sixteen  (16)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  a  State  home  for  juvenile  female  offenders,"  approved 
June  22,  1893,  in  force  July  1,  1893,  as  subsequently  amended,  be 
amended  by  amending  section  sixteen  (16)  thereof  to  read  as  follows: 

§  16.  Any  girl  between  the  ages  of  ten  and  eighteen  years  may 
be  sentenced  and  committed,  under  an  Act  entitled,  "An  Act  to  revise 
the  law  in  relation  to  the  sentence  and  commitment  of  persons  convicted 
of  crime  or  offenses  and  providing  for  a  system  of  parole  and  to  repeal 
certain  Acts  and  parts  of  Acts  therein  named,"  approved  June  25,  1917, 
in  force  July  1,  1917,  as  the  same  has  been  or  may  be  amended,  to  the 
"State  Training  School  for  Girls"  the  same  being  the  "State  Home  for 
Juvenile  Female  Offenders,"  for  any  and  all  crimes  or  offenses  instead 
of  the  penitentiary,  county  jail,  or  house  of  correction,  in  the  discretion 
of  the  court,  subject  to  all  the  terms  of  said  Act. 

Approved  June  28,  1919. 


STATE   COLONY  FOR  EPILEPTICS. 

§   1.     Amends  section   7,   Act  of   1913.  §   7.     Applicants — requirements. 

(Senate  Bill  No.   241.     Approved  June   24,    1919.) 

An  Act  to  amend  section  7  of  an  Act  entitled,  "An  Act  providing  for 
the  creating,  locating,  constructing  and  administering  of  a  State 
colony  for  the  care  and  treatment  of  epileptics,"  approved  May  21 , 
1913,  in  force  July  1,1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  7  of  an  Act  entitled, 
"An  Act  providing  for  the  creating,  locating,  constructing  and  ad- 
ministering of  a  State  colony  for  the  care  and  treatment  of  epileptics," 
approved  May  27,  1913,  in  force  July  1,  1913,  is  amended  to  read  as 
follows : 

§  7.  Applicants,  residents  of  Illinois,  may  be  admitted  to  said 
colony  by  either  of  the  following  methods:  1.  Upon  voluntary  appli- 
cation 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 


CHARITIES.  245 


admission  is  an  epileptic.  Such  certilicates  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  prescribed  by  the  Board  of  Administration.  2.  Any 
parent,  relative,  conservator,  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  re- 
putable 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  superin- 
tendent to  receive  him  or  her  and  record  him  or  her  among  the  inmates 
of  said  colony,  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  colony  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 
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 
be  collected  from  the  party  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  the  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  sec- 
tion 23  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. 

Approved  June  24,  1919. 

STATE   SANATORIUM   FOR  WOMEN. 

§    1.     Authorizes  institution  to  be  estab-        §   4.     To  establish  rules  and  regulations. 

lished. 

§    5.     Plans   or   specifications  to  be   pre- 
§   2.     Who       may       be       committed — by  pared. 

whom  transportation  paid. 

§   3.     Department   of  Public  Welfare   to 
select   site. 

(Senate  Bill  No.   225.     Approved  June  21,    1919.) 

An"  Act  to  establish  a  State  sanatorium  for  women. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  an  institution  for  the  cor- 


246  CHARITIES. 


rection  of  female  offenders  above  the  age  of  eighteen  years,  whose  offense 
is  punishable  by  confinement  in  the  county  jail  or  workhouse,  to  be 
known  as  the  Illinois  State  Sanatorium  for  Women,  is  hereby  authorized 
to  be  established. 

§  2.  Said  sanatorium  shall  receive  and  provide  proper  work,  care 
and  treatment  for  all  such  female  offenders  above  the  age  of  eighteen 
years,  including  those  sentenced  or  committed  for  the  violation  of 
municipal  ordinances,  whose  sentence  shall  consist  of  confinement  in  any 
county  jail  or  workhouse  for  sixty  days  or  more,  as  may  be  committed  to 
such  sanatorium.  In  all  cases  in  which  a  court  is  now  or  may  hereafter 
be  authorized  by  law  to  sentence  such  female  offenders  or  commit  such 
offenders  to  work  out  fine  and  costs  to  a  county  jail  or  workhouse,  such 
court  is  hereby  authorized  in  its  discretion  to  commit  or  sentence  to  the 
Illinois  State  Sanatorium  for  Women.  The  transportation  charges  for 
conveying  any  such  offenders  to  said  sanatorium  shall  be  paid  by  the 
city  or  county  from  which  such  offenders  are  committed. 

§  3.  The  Department  of  Public  Welfare  shall  select  and  purchase, 
lease  or  receive  in  donation,  a  site  for  such  sanatorium,  having  regard 
in  such  selection  to  the  natural  advantages  of  the  location  and  the  pur- 
poses and  use  of  such  sanatorium. 

§'  4.  Said  Department  shall  establish  all  rules  and  regulations 
necessary  for  the  management  of  such  sanatorium. 

§  5.  Said  Department  shall  cause  plans  or  specifications  for  the 
necessary  buildings  and  improvements  .for  such  sanatorium  to  be  pre- 
pared, and  such  buildings  shall  be  erected  or  constructed  in  accordance 
with  the  provisions  of  sections  28  and  49  of  the  Civil  Administrative 
Code  of  Illinois. 

Approved  June  21,  1919. 


SURGICAL,   INSTITUTIONS   FOR   CHILDREN. 

§    1.     Amends    sections    1,    4,    5    and    7.  §   5.     Admittance     to     institu- 

Act  of  1911.  tion. 

§   1.     Authorizes         establish-  §    7.     Erection   of  buildings, 

ment. 

§    2.     Repeal. 

§   4.     Management     and     con- 
trol. 

(House  Bill,  No.   328.     Approved  June  28.   1919.) 

An  Act  to  amend  sections  1,  .4,  5  and  7  of  an  Act  entitled:  "An  Act 
to  establish  a  surgical  institution  for  children/'  approved  June  6, 
1911,  in  force  July  1,  1911,  and  to  repeal  sections  9,  10,  IS,  11/,  15, 
16,  17,  18  and  19  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  the  State 
of  Illinois,  represented  in  the  General  Assembly:  Sections  1,  4,  5  and 
7  of  an  Act  entitled:  "An  Act  to  establish  a  surgical  institution  for 
children,"  approved  June  6,  1911,  in  force  July  1,  1911,  are  amended 
to  read  as  follows : 

§  1.  There  is  hereby  authorized  to  be  established  a  surgical  in- 
stitute in  and  for  the  State  of  Illinois  for  the  surgical  treatment  of 
children  under  the  age  of  sixteen  years,  suffering  from  physical   de- 


CHILDREN.  247 


formities  or  injuries  of  a  nature  which  will  likely  yield  to  surgical 
skill  and  treatment  and  which  unless  so  treated  Avill  probably  make 
such  children,  in  whole  or  in  part,  in  after  life,  public  charges. 

§  4.  The  management  and  control  of  said  institution  shall  be 
vested  in  the  Department  of  Public  Welfare. 

§  5.  Any  child  under  the  age  of  sixteen  years  whose  parents,  or 
natural  guardian,  may  be  unable  to  furnish  proper  surgical  treatment 
and  who  may  be  in  need  of  the  same,  may  be  admitted  to  such  institute, 
upon  an  order  to  that  effect  made  by  the  county  judge  of  the  county 
in  which  said  child  may  have  had  a  legal  residence  for  one  year  last 
past.  The  county  treasurer  of  the  county  in  which  said  child  may  have 
so  resided  shall,  upon  the  order  of  said  county  judge,  furnish  said  child 
with  transportation  from  the  place  where  said  child  may  so  reside  to 
the  place  of  said  institution  and  return.  The  order  admitting  such 
child  shall,  when  made,  be  filed  with  the  superintendent  of  said  insti- 
tute, and  said  child  shall  be  admitted  thereto  in  the  regular  order  of 
filing  as  soon  thereafter  as  said  institute  can  provide  room,  care  and 
attendance  therefor.  Said  child,  if  deemed  feasible,  shall  be  treated, 
nursed  in  said  institute,  until  a  recovery  is  effected,  or  it  becomes  ap- 
parent that  further  treatment  will  be  of  no  avail,  whereupon  it  shall 
be  discharged  and  returned  to  its  former  place  of  residence. 

§  7.  All  buildings  for  the  use  of  the  Illinois  surgical  institute 
for  children  shall  be  erected  or  constructed  in  accordance  with  the  pro- 
visions of  sections  28  and  49  of  the  Civil  Administrative  Code  of  Illi- 
nois. 

§  2.  Sections  9,  10,  13,  14,  15,  16,  17,  18  and  19  of  said  Act 
are  repealed. 

Approved  June  28,  1919. 


CHILDREN. 


ABANDONMENT. 

§    1.     Amends   section    1,   Act  of   1887.  §    1.     Defines  guilt  and  provides 

penalties. 

(House  Bill  No.   623.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  prevent  the  abandonment 
of  children  and  to  provide  a  penalty  therefor''  approved  June  16, 
1887,  in  force  July  1,  18S7,  by  amending  section  one  (1)  thereof. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  an  Act  entitled,  "An  Act 
to  prevent  the  abandonment  of  children  and  to  provide  a  penalty  there- 
for," approved  June  16,  1887,  in  force  July  1,  1887,  be  and  is"  hereby 
amended  by  amending  section  one  (1)  thereof  to  read  as  follows: 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  when  any  child  under  the  age 
of  one  year  shall  be  abandoned  by  its  parents,  guardian  or  any  other  per- 
son having  legal  control  or  custody  thereof,  such  person  or  persons  shall 
be  deemed  guilty  of  a  felony,  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  "than  $300,  or  more  than  $1,000,  or  bv  im- 


248  CHILDREN. 


prisonment  in  the  penitentiary  for  a  term  not  less  than  one  year  and  not 
exceeding  three  years,  or  by  both  fine  and  imprisonment,  in  the  discre- 
tion of  the  court. 

Approved  June  28,  1919. 


BOARDING  HOMES. 

§      1.     License  required.  §      6.     Standards. 

§     2.     Exemptions.  §      7.     Examinations. 

§      3.     Defines  keeper.  §      8.     Rules  and  regulations. 

§      4.     Provisions  of  license.  §     9.     Revocation   of  license. 

§      5.     Reports  required.  §   10.     Penalties. 

(House  Bill  No.   431.     Approved  June  28,   1919.) 

An  Act  to  define  and  regulate  boarding  homes  for  children. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  after  the  first  day  of 
October,  1919,  it  shall  be  unlawful  for  any  person,  firm,  association  or 
corporation  to  conduct  a  boarding  home  for  children  under  sixteen 
years  of  age  without  a  license  issued  as  herein  provided. 

§  2.  This  Act,  however,  shall  not  apply  to  any  institution  oper- 
ated and  maintained  by  the  State  of  Illinois,  nor  to  any  association  or . 
corporation  licensed  or  accredited  pursuant  to  the  provisions  of,  nor 
shall  this  Act  in  anywise  be  construed  as  amending,  modifying  or  re- 
pealing any  of  the  terms  of  "An  Act  relating  to  children  who  are  now 
or  may  hereafter  become  dependent,  neglected  or  delinquent,  to  define 
these  terms,  and  provide  for  the  treatment,  control,  maintenance,  adop- 
tion and  guardianship  of  the  person  of  such  children,"  approved  April 
21,  1899,  in  force  July  1,  1899,  as  amended. 

§  3.  A  person,  firm,  association  or  corporation  shall  be  deemed 
to  be  the  keeper  of  a  boarding  home  for  children  if,  for  hire,  directly 
or  indirectly,  he  or  it, 

(1)  Advertises  or  holds  himself  or  itself  out  as  conducting  a 
boarding  place  for  children  under  sixteen  years  of  age,  or 

•(2)  Has  in  his  or  its  custody  or  control  two  or  more  children 
under  sixteen  years  of  age  unattended  by  parents  or  guardians,  for 
the  purpose  of  providing  such  children  with  care,  food  or  lodging. 

This  section  shall  not  apply  to  homes  in  which  children  are  living 
who  are  related  by  blood  or  marriage  to  the  family  in  which  they  live, 
or,  have  been  legally  adopted  bv  the  family  in  which  they  live,  and 
shall  not  apply  to  a  home  in  which  children  have  been  placed  by  the 
parents  or  parent  or  legal  guardian  of  said  children  or  child  or  any 
organization  or  association  certified  or  accredited  as  provided  by  law, 
which  home  or  institution  maintains  the  standard  required  in  section 
six  of  this  Act. 

§  4.  The  Department  of  Public  Welfare  shall  .grant  a  license  to 
any  person,  firm,  association  or  corporation  conducting  or  maintaining 
a  boarding  home  for  children,  as  herein  defined,  upon  the  compliance  by 
such  person,  firm,  association  or  corporation,  with  the  standards  set 
forth  in  this  Act.     Each  license  issued  by  the  Department  of  Public 


CHILDREN.  249 


Welfare  shall  remain  in  force  for  one  year  from  the  date  thereof,  and 
shall  set  forth  the  full  name  of  the  person,  firm,  association  or  corpora- 
tion to  which  it  is  issued,  and  the  location  of  the  home  or  place  of  busi- 
ness conducted  by  the  holder  of  the  license.  Every  holder  of  a  license 
shall  display  it  in  a  conspicuous  place  in  his  or  its  home  or  place  of 
business. 

§  5.  Every  holder  of  a  license  under  this  Act  shall  report  to 
the  Department  of  Public  Welfare  quarterly,  on  forms  prescribed  by 
the  Department  of  Public  Welfare  giving  the  name,  age,  sex,  and  color 
of  each  child  received,  the  date  received,  from  whom  received,  the  names 
and  addresses  of  the  parents,  parent  or  legal  guardian,  the  date  of 
birth  of  the  child,  the  date  when  child  left  such  boarding  home,  and 
the  names  and  addresses  of  the  persons  with  whom  such  child  may  be 
placed,  and  such  other  facts  relating  to  the  standards  herein  prescribed 
and  which  the  Department  of  Public  Welfare  may  require. 

§  6.  Every  holder  of  a  license  to  conduct  a  "boarding  home  for 
children"  under  this  Act  shall  maintain  standards  as  follows: — 

1.  The  food  provided  the  children  must  be  clean,  wholesome  and 
suitable  in  amount  and  character  to  the  needs  of  the  children; 

2.  Children  shall  receive  kind  and  humane  treatment; 

3.  Provision  must  be  made  to  adequately  safeguard  the  health 
of  the  children; 

4.  Provision  must  be  made  for  the  children's  education  equiva- 
lent to  that  required  by  the  public  school  laws  of  the  State;  ' 

5.  No  practice  or  influence  detrimental  to  the  moral  welfare  of 
the  children  shall  be  permitted  to  exist  on  the  premises; 

6.  The  buildings  and  the  equipment  in  which  children  are  cared 
for  must  be  sanitary  and  in  no  way  endanger  the  lives  or  welfare  of 
the  inmates; 

7.  In  the  release  of  children  from  the  "boarding  home"  due  re- 
gard must  be  given  the  future  health,  comfort,  education  and  welfare 
of  the  children  so  released. 

8.  The  care,  treatment  and  discipline  of  the  children  shall  be  as 
far  as  practicable  equivalent  to  that  given  children  of  worthy  parents 
in  the  average  normal  family. 

§  7.  The  Department  of  Public  Welfare  annually,  or  as  often 
as  nlay  be  advisable,  shall  visit  and  inspect  each  and  every  home  licensed 
as  herein  provided.  It  shall  make  such  inquiry  and  investigation  as 
may  be  necessary  to  determine  whether  or  not  the  holder  of  the  license 
has  enforced  and  is  enforcing  the  standards  provided  for  in  section  6  of 
this  Act.  It  shall  be  the  duty  of  the  holder  of  each  license  to  give  the 
Department  of  Public  Welfare  all  reasonable  information  and  to  af- 
ford it  every  reasonable  facility  for  examining  the  records,  inspecting 
the  premises,  and  seeing  the  children. 

§  8.  The  Department  of  Public  Welfare  may  promulgate  reason- 
able rules  and  regulations  relating  to  the  enforcement  of  the  provisions 
of  this  Act. 

§  9.  The  Department  of  Public  Welfare,  after  due  investigation 
of  the  facts,  and  after  ten  days'  notice  and  hearing,  may  revoke  any 
license  if  there  has  been  a  violation  of  any  of  the  provisions  of  this  Act. 


250  CITIES   AND   VILLAGES. 


The  Department  of  Public  Welfare  shall  note  the  order  of  revoca- 
tion upon  the  record  of  the  holder  of  the  license,  and  shall  notify  such 
licensee  of  the  revocation  thereof. 

§  10.     Any  person  who  violates  any  of  the  provisions  of  this  Act . 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punish- 
ed by  a  fine  of  not  more  than  three  hundred  dollars,  ($300),  or  by  im- 
prisonment for  not  more  than  six   (6)   months,  or  both. 

Approved  June  28,  1919. 


PREVENTION  AND   PUNISHMENT   OP  WRONGS. 
§    1.     Amends  section  5,  Act  of  1877.  §    5.     Penalties. 

(House  Bill  No.    624.     Approved  June   28,    1919.) 

An  Act  to  amend  an  act  entitled,  "An  Act  to  prevent  and  punish  wrongs 
to  children,"  approved  May  17,  1877'  in  force  July  1,  1877 ,  by  amend- 
ing section  five  (5)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  prevent  and  punish  wrongs  to  children,"  approved  May  17,  1877,  in 
force  July  1,  1877,  be  and  is  hereby  amended  by  amending  section  five 
(5)  thereof  to  read  as  follows: 

§  5.  Any  person  convicted  under  the  provisions  of  the  preceding 
sections,  shall  for  the  first  offense  be  fined  not  exceeding  one  hundred 
dollars  ($100)  or  imprisoned  in  the  county  jail  not  exceeding  three 
months,  or  both,  in  the  discretion  of  the  court;  and  upon  conviction 
for  a  second  or  any  subsequent  offense  sball  be  fined  in  any  sum  not 
exceeding  five  hundred  dollars  ($500)  or  by  imprisonment  in  the  peni- 
tentiary for  a  term  of  not  less  than  one  year  and  not  more  than  two 
years,  or  both,  in  the  discretion  of  the  court. 

Approved  June  28,  1919. 


CITIES  AND  VILLAGES. 


ANNEXATION    OF   UNINCORPORATED    TERRITORY. 

§    1.     Annexation  —  passage       of      ordi-        §    2.     Act  effective — emergency. 
nance. 

i 

(House  Bill  No.    120.     Approved  June   28,    1919.) 

An  Act  to  provide  for  the  annexation  of  unincorporated  territory  which 
is  entirely  surrounded  by  two  or  more  cities,  villages  or  incorporated 
towns. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  whenever,  any  contiguous  un- 
incorporated territory  is  wholly  bounded  by  two  or  more  cities,  villages  or 
incorporated  towns  on  petition  in  writing  signed  by  a  majority  of  the 
property  owners  of  such  territory,  such  territory  may  be  annexed  by  any 
one  of  such  cities,  villages  or  incorporated  towns  by  the  passage  of  an 
ordinance  to  that  effect.  Such  ordinance  shall  describe  the  territory 
annexed  and  a  copy  thereof  together  with  an  accurate  map  or  plat  of 
such  annexed  territory  shall  he  recorded  in  the  office  of  the  recorder  of 


CITIES    ANJ)    VILLAGES.  251 


deeds  of  the  county  wherein  the  annexed  territory  is  situated:  Pro- 
vided, however,  that  such  unincorporated  territory,  so  annexed,  shall 
not  exceed  one-third  the  area  of  the  city,  village  or  incorporated  town 
so  annexing  such  territory. 

§  2.  Because  of  an  emergency  this  Act  shall  take  effect  upon  its 
passage. 

Approved  June  28,  1919. 

ANNEXING  AND   EXCLUDING  TERRITORY. 

§    1.     Amends   section   2,   Act  of   1872.  §   2.     Annexation    by    ordinance 

to  be  submitted  at  elec- 
tion— ballots. 

(House  Bill  No.   391.     Approved  June  21,   1919.) 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  provide  -for 
annexing  and  excluding  territory  to  and  from  cities,  toiuns  and  vil- 
.    lages  and  to  unite  cities,  towns  and  villages/'  approved  April  10,. 
1872,  in  force  July  1,  1872,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  2  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,"  ap- 
proved April  10,  1872,  in  force  July  1,  1872,  as  amended,  is  amended 
to  read  as  follows : 

§  2.  Any  incorporated  city,  village  or  town  may  be  annexed  to 
another  incorporated  city,  village  or  town,  by  ordinance  passed  by  a 
two-thirds  vote  of  all  the  aldermen,  trustees  or  commissioners  elect  of 
each  corporation  desiring  annexation :  Provided,  such  annexation  shall 
not  affect  or  impair  any  rights  or  liabilities  either  in  favor  of  or  against 
such  corporations;  and  suits  founded  upon  such  rights  and  liabilities 
may  be  commenced,  and  pending  suits  may  be  prosecuted  and  carried 
to  final  judgments  and  execution,  the  same  as  if  such  annexation  had 
not  taken  place.  In  making  such  annexation,  the  corporations  so 
uniting  may,  by  ordinance,  fix  the  terms  of  the  annexation,  which  shall 
have  the  force  and  effect  of  a  binding  contract :  Provided,  however, 
that  no  such  ordinance  shall  be  of  any  binding  force  or  effect  until  sub- 
mitted to  a  vote  of  the  legal  voters  of  such  city,  town  or  village,  at  a 
general  election  thereof,  or  at  a  special  election  to  be  called  for  that 
purpose  within  sixty  days  after  the  passage  of  the  ordinance,  and 
adopted  by  a  majority  of  all  the  voters  voting  thereon  at  such  election, 
notice  of  which  shall  be  given  at  the  same  time  and  in  the  same  manner 
as  required  for  the  election  of  the  officers  of  such  city,  town  or  village : 
And,  provided,  also,  that  the  vote  shall  be  by  ballot,  which  shall  be  "for 
union  ordinance",  or  "against  union  ordinance,"  and  shall  be  received, 
canvassed  and  returned  the  same  as  ballots  for  municipal  officers  of  such 
city,  town  or  village. 

Approved  June  21,  1919. 


252  CITIES    AND    VILLAGES. 


APPROPRIATIONS. 

§   1.     Amends  section  3  of  Article  seven,  §   3.     Corporation         expendi- 

Act   of    1872.  tures — provisions. 

(House  Bill  No.   42.     Approved  June  24,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incorpo- 
ration of  cities  and  villages/'  approved  April  10,  1872,  in  force  July 
1,  1812,  as  subsequently  amended,  by  amending  section  three  (3)  of 
Article  seven  (VII)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act,  entitled,  "An  Act 
to  provide  for  the  incorporation  of  cities  and  villages,"  approved  April 
10,  1872,  in'  force  July  1,  1872,  as  subsequently  amended,  be,  and  the 
same  is  hereby  amended  by  amending  section  three  (3)  of  Article  seven 
(VII)  thereof  to  read  as  follows: 

§  3.  (Art.  VII).  Neither  the  city  council  nor  the  board  of  trus- 
tees nor  any  department  or  officer  of  the  corporation  shall  add  to  the 
corporation  expenditures  in  any  one  year  anything  over  and  above  the 
amount  provided  for  in  the  annual  appropriation  bill  of  that  year, 
except  as  is  herein  otherwise  specially  provided,  and  no  expenditure 
for  an  improvement  to  be  paid  for  out  of  the  general  fund  of  the  corpo- 
ration shall  exceed  in  any  one  year  the  amount  provided  for  such  im- 
provement in  the  annual  appropriation  bill;  provided,  however,  that 
nothing  herein  contained  shall  prevent  the  city  council  or  board  of 
trustees  from,  by  a  two-thirds  vote,  making  additional  appropriations 
for  the  purpose  of  making  any  improvement  or  restorations,  the  neces- 
sity for  which  is  caused  by  any  casualty  or  accident  happening  after 
such  annual  appropriation  is  made,  nor  from  making  expenditures  nor 
incurring  liabilities  necessary  to  meet  any  emergency  created  by  epi- 
demic, happening  after  and  unforeseen  at  the  time  of  making  the  annual 
appropriation,  nor  from  making  appropriations  necessary  to  care  for 
such  expenditures  and  liabilities.  The  city  council  or  board  of  trustees, 
for  the  purpose  of  providing  for  such  additional  appropriations  may,  by 
a  like  vote,  authorize  the  mayor  or  president  of  the  board  of  trustees  and 
finance  committee  (in  cities  under  the  commission  form  of  municipal 
government,  the  mayor  and  commissioner  of  accounts  and  finances),  to 
borrow  the  amount  of  money  necessary  therefor  for  a  space  of  time  not 
extending  be3rond  the  close  of  the  next  fiscal  year,  which  sum  and  the 
interest,  shall  be  added  to  the  amount  authorized  to  be  raised  in  the  next 
general  tax  levy  and  embraced  therein.  Emergency  as  used  herein 
means  a  condition  requiring  immediate  action  to  suppress,  or  prevent 
the  spread  of  disease  or  to  prevent  or  remove  imminent  danger  to 
persons  or  property.  Should  any  judgment  be  obtained  against  the 
corporation,  the  mayor  or  president  of  the  board  of  trustees  and  finance 
committee  (or  commissioner  of  accounts  and  finances)  under  the  sanc- 
tion of  the  city  council  or  board  of  trustees  may  borrow  a  sufficient 
amount  to  pay  the  same  for  a  space  of  time  not  extending  beyond  the 
close  of  the  next  fiscal  vear,  which  sum  and  interest  shall  in  like  manner 


CITIES    AND   VILLAGES.  253 


be  added  to  the  amount  authorized  to  be  raised  in  the  general  tax  levy 
of  the  next  year  and  embraced  therein. 
Approved  June  24,  1919. 


APPROPRIATION— SUPPLEMENTAL. 

§   1.     Amends   section   2    of  Article  VII,        §   2.     Emergency. 
Act   of   1872. 
• 
§   2.     May    pass    supplemental 
appropriation    bills. 

(Senate  Bill  No.  236.     Approved  March  27,  1919.) 

An  Act  to  amend  section  2  of  Article  VII  of  an  Act  entitled,  "An  Act 
to  provide  for  the  incorporation  of    cities    and    villages/'    approved 
April  10,  1812,  in  force  July  1,  1872,  as  subsequently  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  section  2  of  Article  VII 
of  an  Act  entitled,  "An  Act  to  provide  for  the  incorporation  of  cities 
and  villages,"  approved  April  10,  1872,  in  force  July  1,  1872,  as  sub- 
sequently  amended,   be   and   the   same   is   hereby   further   amended   to 
read  as  follows : 

§  2.  The  city  council  of  cities,  and  board  of  trustees  in  villages, 
shall,  within  the  first  quarter  of  each  fiscal  year,  pass  an  ordinance,  to 
be  termed  the  annual  appropriation  bill,  in  which  such  corporate 
authorities  may  appropriate  such  sum  or  sums  of  money  as  may  be  deemed 
necessary  to  defray  all  necessary  expenses  and  liabilities  of  such  cor- 
poration ;  and  in  such  ordinance  shall  specify  the  objects  and  purposes 
for  which  such  appropriations  are  made,  and  the  amount  appropriated 
for  each  object  or  purpose.  Such  ordinance,  in  cities  and  villages  hav- 
ing a  population  of  one  hundred  thousand  or  more,  may  be  amended 
at  the  next  regular  meeting  of  the  city  council  or  board  of  trustees, 
as  the  case  may  be,  occuring  not  less  than  five  days  after  the  passage 
thereof,  in  like  manner  as  other  ordinances.  No  further  appropria- 
tions shall  be  made  at  any  other  time  within  such  fiscal  year,  unless 
the^  proposition  to  make  each  such  appropriation  has  been  first  sanc- 
tioned by  a  majority  of  the  legal  voters  of  such  city  or  village,  either 
by  a  petition  signed  by  them,  or  at  a  general  or  special  election  duly  called 
therefor:  Provided,  however,  that  in  cities  and  villages  having  a  popula- 
tion of  one  hundred  thousand  or  more,  the  city  council  or  board  of 
trustees,  as  the  case  may  he,  may,  at  any  time  within  the 
first  half  of  the  fiscal  year,  by  a  two-thirds  vote  of  all  the  mem- 
bers of  such  body,  pass  additional  or  supplemental  appropriation  ordin- 
ances making  appropriations  from  any  receipts  derived  from  any  other 
source  than  the  annual  taxes  levied  in  accordance  with  the  provisions 
of  section  1  of  Article  VIII  of  this  Act:  And,  provided  further,  that 
in  the  year  1919,  in  cities  and  villages  having  a  population  of 
one  hundred  thousand  or  more,  the  city  council  or  hoard  of  trustees, 
as  the  case  may  be,  may,  at  any  time  within  the  first  half  of  the 
fiscal  year,  pass  its  annual  appropriation  bill,  or  it  may.  at  any  time 
within  the  first  half  of  the  fiscal  year  after  the  passage  of  the  annual 
appropriation  bill,  pass  additional  or  supplemented  [supplemental] 
appropriation   ordinances   adding  appropriations  to  the  annual   appro- 


251 


CITIES    AND    VILLAGE3. 


priation  bill  by  making  appropriations  which  may  relate  back  to  the 
commencement  of  said  fiscal  year,  thereby  amending  the  said  annual 
appropriation  bill,  and  such  city  council  or  board  of  trustees,  as  the  case 
may  be,  may  in  the  year  1919,  at  any  time  during  the  first  half  of  the 
fiscal  year,  authorize  the  issuance  of  certificates  of  indebtedness  to  be 
redeemed  by  warrants  issued  in  anticipation  of  the  taxes  levied  for  the 
year  1919  when  the  same  can  be  lawfully  issued,  such  certificates  of  in- 
debtedness to  be  in  all  respects  of  equal  binding  force  as  s\ich  tax  antici- 
pation warrants  except  that  the  aggregate  amount  for  which  they  may 
be  issued  shall  not  exceed  one-fourth  of  the  aggregate  amount  of  the 
appropriations  for  the  year  1919,  and  they  shall  be  redeemable  as  afore- 
said, but  in  case  they  are  not  so  redeemed  they  shall  constitute  a  lien 
against  and  be  payable  out  of  the  proceeds  of  said  tax  levy. 

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

Approved  March  27,  1919. 


CHICAGO — FIFTY    WARDS. 


§    1. 


Repeals  Part  IV.  adds  section  8 
to  Part  II,  adds  Parts  IV  and 
V.   Article  XII,   Act   of   1872. 

§  8.  City  clerk  and  city 
treasurer  —  election, 
tenure. 


Part  Four. 

§  1.  General  and  municipal 
elections  for  alder- 
men —  terms  pre- 
scribed. 

§   2.     Salary. 


Part  Five. 

§   1.      City  to  have  fifty  wards. 

§  2.  Additional  territory  to 
be  annexed  to  exist- 
ing wards. 


§    4. 


When  redistrictinar  or- 
dinance takes  effect — 
substitute  ordinance 
may  be  submitted. 


§  5.  Failure  of  council  to 
act — one-fifth  of  al- 
dermen may  submit 
redisricting  ordi- 

nance. 

§  6.  Redisricting  ordinance 
submitted — form  of 
ballot. 

§  7.  Redisricting  ordinance 
submitted — when  ap- 
proved   and    in.  effect. 

§  8.  Election'  and  ballot  laws 
to  apnlv  where  con- 
sistent   herewith. 

§  9.  Redistricting  in  1931 
and  decennially  there- 
after. 


§    3. 


City    to    be    redistricted 
after  adoption  of  Act. 


§    2.      Adoption  of  Act. 
§    3.      Repeal. 
(House  Bill  No.   700.     Approved  June   28,   1919.) 


An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incor- 
poration of  cities  and  villages,"  approved  April  10,  1812,  as  amended 
by  subsequent  Acts,  by  repealing  the  whole  of  Part  IV  of  Article 
XII;  by  adding  to  Part  II  of  Article  XII  one  new  section  to  be 
Jcnotvn  as  section  8;  and  by  adding  to  Article  XII  two  new  parts  to 
be  Icnown  as  Parts  Four  and  Five. 

Section  1.  Pe  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  the  incorporation  of  cities  and  villages,"  approved  April 
10,  1872,  as  amended  by  subsequent  Acts,  be  and  the  same  hereby  is 
amended,  in  pursuance  of  section  34  of  Article  TV  of  tbe  Constitution, 


CITIES    AND    VILLAGES.  355 


by  repealing  the  whole  of  Part  Four  of  Article  XII,  added  by  the  Act 
approved  June  27,  1913;  by  adding  to  Part  Two  of  Article  XII  of 
said  Act  one  new  section -to  be  known  as  section  8;  and  by  adding  to 
said  Article  XII  two  new  parts  to  be  known  as  Parts  Four  and  Five; 
which  new  sections  and  parts  shall  read  as  follows : 

Part  Two. 

§  8.  City  clerk  and  city  treasurer — election,  tenure.] 
At  the  general  election  held  in  1923,  and  quadrennially  thereafter,  there 
shall  be  elected  a  city  clerk  and  a  city  treasurer,  each  of  whom  shall 
hold  his  office  for  a  term  of  four  years  and  until  his  successor  is  elected 
and  qualified.  Xo  person,  however,  shall  be  elected  to  the  office  of 
city  treasurer  for  two  terms  in  succession. 

Part  Four, 
concerning  the  election  of  aldermen. 

Section  1.  General  municipal  elections  for  aldermen — 
terms  prescribed.]  (a)  If  the  provisions  of  this  Act  become  opera- 
tive in  time  to  govern  the  general  election  for  aldermen  to  be  held  in 
the  year  1920,  one  alderman  shall  then  be  elected  from  each  ward  to 
serve  for  a  period  of  one  year.  If  this  Act  shall  be  adopted  at  the 
same  time  as  that  at  which  aldermen  are  elected  in  1920,  such  adoption 
shall  limit  the  term  of  aldermen  so  elected  to  one  year.  The  general 
election  for  aldermen  under  this  Act  in  1920  shall  be  held  upon  the 
day  prescribed  by  law  for  a  primary  to  elect  delegates  and  alternate 
delegates  to  national  nominating  conventions  and  to  secure  an  expres- 
sion with  respect  to  candidates  for  nomination  for  the  office  of  Presi- 
dent of  the  United  States,  if  such  a  primary  is  held  in  the  year  1920, 
and  shall  be  conducted  by  the  same  judges  and  clerks.  All  provi- 
sions of  election  laws  shall  apply  to  such  election,  except  that  the  hours 
for  keeping  open  the  polls  shall  be  those  prescribed  by  "An  Act  to  pro- 
vide for  the  holding  of  primary  elections  by  political  parties,"  approved 
March  9,  1910,  in  force  July  1,  1910,  as  subsequently  amended.  A 
general  election  for  aldermen  shall  be  held  in  the  year  1921,  at  the 
time  prescribed  by  law,  at  which  one  alderman  shall  be  elected  from 
each  ward  to  serve  for  a  term  of  two  years.  The  next  general  election 
for  aldermen  shall  take  place  in  the  year  1923,  at  which  time  one  alder- 
man shall  be  elected  from  each  ward  and  thereafter  general  elec- 
tions for  aldermen  shall  be  held  each  second  and  each  fourth  year,  ac- 
cording as  the  term  of  aldermen  is  determined  by  popular  vote  under 
the  terms  of  this  Act  to  be  two  or  four  years. 

(b)  The  terms  of  this  paragraph  shall  apply  if  this  Act  does 
not  become  operative  in  time  to  govern  the  general  election  for  alder- 
men in  1920  or  to  limit  the  terms  of  such  aldermen,  but  does  become 
operative  in  time  to  govern  the  general  election  for  aldermen  to  be 
held  in  the  year  1921.  One  alderman  shall  be  elected  from  each 
ward  at  the  general  election  for  aldermen  in  the  year  1921,  but  no 
general  election  for  aldermen  shall  be  held  in  the  vear  1922,  it  bein°L 


256  CITIES   AND   VILLAGES. 


the  purpose  of  this  Act  that  the  council  shall  be  composed  of  one  alder- 
man from  each  ward  after  the  expiration  of  the  terms  of  aldermen 
elected  at  the  general  election  for .  aldermen '  in  the  year  1920.  Any 
person  serving  as  alderman  under  an  election  of  1920  may  be  a  can- 
didate for  alderman  in  the  general  election  for  aldermen  to  be  held 
in  the  year  1921,  and  his  election  at  such  time  shall  constitute  an 
abandonment  of  the  office  held  by  him  under  his  election  in  the  year 
1920  for  the  unexpired  term  thereof,  if  any,  as  soon  as  he  has  quali- 
fied under  his  election  in  the  year  1921.  A  general  election  for  alder- 
men shall  be  held  in  the  year  1923,  at  which  one  alderman  shall  be 
elected  from  each  ward,  and  thereafter  general  elections  for  aldermen 
shall  be  held  each  second  or  fourth  year,  according  as  the  term  of  alder- 
men is  determined  by  popular  vote  under  the  terms  of  this  Act  to  be 
two  or  four  years. 

(c)  If  this  Act  shall  become  operative  at  any  time  subsequent  to 
the  times  provided  for  in  the  foregoing  paragraphs,  the  provisions  of 
this  paragraph  shall  govern.  If  the  Act  becomes  operative  in  time  to 
govern  the  general  election  of  aldermen  to  be  held  in  an  odd  numbered 
year,  the  provisions  of  this  section  with  respect  to  the  election  in  the 
year  1921  shall  apply,  with  appropriate  changes  of  dates.  The  terms 
of  aldermen  first  elected  shall  always  expire  with  the  term  of  the 
mayor  then  in  office,  and  new  elections  for  a  two  or  four  year  term,  as 
the  case  may  be,  shall  be  held  at  the  time  when  the  mayor  is  to  be 
elected.  If  this  Act  becomes  operative  in  time  to  govern  the  general 
election  of  aldermen  to  be  held  in  an  even  numbered  year  which  im- 
mediately precedes  the  year  in  which  a  mayor  is  to  be  elected,  alder- 
men at  such  election  shall  be  elected -for  the  term  of  one  year,  and  a 
general  election  for  aldermen  for  a  two  or  four  year  term,  as  the  case 
may  be,  shall  be  held  at  the  time  when  the  mayor  is  to  be  elected.  If 
this  Act  becomes  operative  in  time  to  govern  the  general  election  of 
aldermen  to  be  held  in  an  even  numbered  year  other  than  that  which 
immediately  precedes  the  year  in  which  a  mayor  is  to  be  elected, 
aldermen  at  such  election  shall  be  elected  for  a  one  year  term,  alder- 
men at  the  next  general  election  for  aldermen  to  be  elected  for  a. two 
year  term,  if  a  two  year  term  shall  have  been  adopted  by  a  popular 
vote  under  the  terms  of  this  Act ;  if  under  the  terms  of  this  Act  a 
four  year  term  for  aldermen  shall  have  been  adopted  then  aldermen 
shall  be  elected  for  a  three  year  term  at  the  election  of  such  even- num- 
bered year.  New  elections  for  a  two  or  four  year  term,  as  the  case  may 
be,  shall  then  take  place  at  the  time  when  the  mayor  is  to  be  next 
elected. 

(d)  All  elections  for  aldermen  shall  be  in  accordance  with  the 
provisions  of  law  in  force  and  operative  in  the  City  of  Chicago  for 
such  elections  at  the  time  that  such  elections  are  held,  and  vacancies 
occuring  in  such  office  shall  be  filled  in  the  manner  prescribed  by  law 
for  filling  vacancies.  Except  as  otherwise  provided  in  this  section,  the 
number  of  aldermen  under  the  provisions  of  this  Act  shall  be  one  from 
each  ward. 

§  2.  Salary  of  aldermen.]  The  aldermen  elected  under  the 
provisions  of  this  Act  may  receive  for  their  services  such  compensation 


CITIES    AND    VILLAGES.  257 


as  shall  be  fixed  by  ordinance,  at  the  rate  of  not  to  exceed  five  thousand 
dollars  per  annum  for  each  alderman.  The  salaries  of  the  aldermen 
elected  at  the  first  general  election  for  aldermen  provided  for  in  this 
Act  shall  be  fixed  by  the  outgoing  council. 

Part  Five, 
concerning  the  redistricting  oe  the  city  into  avakds. 

Section  1.  City  to  have  eiety  wards.]  The  City  of  Chicago 
shall  be  divided  into  fifty  wards.  In  the  formation  of  wards  the  popu- 
lation of  each  shall  be  as  nearly  equal  as  practicable  and  each  shall  be 
composed  of  contiguous  and  compact  territory. 

§  2.  Additional  territory  to  be  annexed  to  existing  wards.] 
Whenever  territory  is  annexed  to  the  city,  the  city  council  shall  by 
ordinance  declare  it  a  part  of  the  ward  or  wards  which  it  adjoins : 
Provided,  that  at  any  time  after  such  territory  is  annexed  the  city 
council  may  provide  for  the  redistricting  of  the  city  in  accordance  with 
the  provision  of  this  Act. 

§  3.  City  to  be  redistricted  after  adoption  of  the  act.] 
Within  three  months  after  the  adoption  of  this  Act  by  the  voters  it 
shall  be  the  duty  of  the  city  council  to  pass  an  ordinance  redistricting 
the  city  into  fifty  wards  in  accordance  with  the  provisions  of  this  Act. 
Such  redistricting  of  the  city  shall  not  apply  to  the  general  election 
for  aldermen  to  be  held  in  the  year  1920,  but  shall  apply  to  the  first 
general  election  thereafter  and  until  the  city  is  again  redistricted  as 
herein  provided  for.  All  elections  of  aldermen  shall  be  held  from 
the  present  wards  until  a  redistricting  is  had  as  provided  for  in  this 
Act. 

§  4.  When  redistricting  ordinance  takes  effect — substi- 
tute ordinance  may"  be  submitted.]  Xo  such  redistricting  ordinance 
shall  take  effect  until  the  expiration  of  15  days  after  its  passage.  If 
within  such  15  days  one-fifth  or  more  of  the  aldermen  elected,  who 
did  not  vote  to  pass  such  redistricting  ordinance,  file  with  the  city  clerk 
a  proposed  substitute  ordinance  redistricting  the  city  in  accordance  with 
the  provisions  of  this  Act,  together  with  a  petition  signed  by  them 
demanding  that  the  question  of  the  adoption  of  the  redistricting  ordi- 
nance passed  by  the  city  council,  together  with  the  question  of  the 
adoption  of  such  substitute  ordinance,  be  submitted  to  the  voters,  then 
such  redistricting  ordinance  passed  by  the  city  council  shall  not  go  into 
effect  until  the  question  of  this  adoption  shall  have  been  submitted  to 
a  popular  vote :  Provided,  that  no  alderman  shall  have  the  right  to 
sign  more  than  one  such  petition.  Upon  the  expiration  of  such  15 
daysthe  city  clerk  shall  promptly  certify  to  the  board"  of  election  com- 
missioners of  the  City  of  Chicago,  the  ordinance  passed  by  the  city 
council  and  such  substitute  ordinance  or  ordinancps  and  petition  o" 
petitions,  and  it  shall  thereupon  be  the  duty  of  the  board  of  election 
commissioners  to  submit  the  ordinances  so  certified  to  a  popular  vote 
at  the -next  general,  municipal,  or  special   election,  to  lie  held   in   nnd 

—17  L 


258  cities  and  villages. 


for  the  entire  city  not  less  than  40  days  after  the  passage  of  such  re- 
districting  ordinance  by  the  city  council. 

§    5.       FAILURE    OF    COUNCIL    TO    ACT — ONE-FIFTH    OF    THE    ALDER- 
MEN    MAY     SUBMIT    REDISTRICTING     ORDINANCE.]       If    the     city     Council 

shall  fail  at  any  time  to  pass  a  redistricting  ordinance  as  .  required 
herein,  one-fifth  or  more  of  the  aldermen  elected  shall  have  the  right 
to  file  with  the  city  clerk,  not  less  than  40  days  before  the  date  of  hold- 
ing any  general,  municipal,  or  special  election,  to  be  held  in  and  for 
the  entire  city,  an  ordinance  redistricting  the  city  in  accordance  with  the 
provisions  of  this  Act,  together  with  a  petition  signed  by  them  demand- 
ing that  such  ordinance  be  submitted  to  the  legal  voters  at  the  next 
such  election  in  and  for  the  entire  city  to  be  held  not  less  than  40 
days  after  the  filing  of  such  ordinance  and  petition:  Provided,  that 
no  alderman  shall  have  the  right  to  sign  more  than  one  such  petition. 
Upon  the  expiration  of  the  time  for  filing  any  such  ordinance  the  city 
clerk  shall  promptly  certify  to  the  board  of  election  commissioners  of 
the  City  of  Chicago  any  ordinance  or  ordinances,  together  with  any 
petition  or  petitions,  so  filed  and  thereupon  it  shall  be  the  duty  of  the 
board  of  election  commissioners  to  submit  such  ordinance  or  ordinances 
to  a  popular  vote  at  the  election  specified  in  such  petition  or  petitions : 
Provided,  that  if,  after  the  filing  of  any  such  ordinance  and  petition 
and  not  less  than  40  days  prior  to  such  election,  the  city  council  shall 
pass  an  ordinance  redistricting  the  city,  then  the  question  of  the  adop- 
tion of  any  ordinance  or  ordinances  filed  with  the  city  clerk  in  accord- 
ance with  the  provisions  of  this  section  shall  not  be  submitted  to  a 
popular  vote.  However,  after  such  action  by  the  city  council,  a  sub- 
stitute ordinance  or  ordinances  may  be  proposed  in  the  manner  pro- 
vided in  section  4  hereof. 

§    6.      REDISTRICTING    ORDINANCE    SUBMITTED FORM    OF    BALLOT.] 

If  the  question  of  the  adoption  of  one  of  two  or  more  redistricting 
ordinances  is  submitted  to  the  voters  at  any  election,  the  ballots  used 
for  the  submission  of  such  proposition  shall,  in  addition  to  the  other 
requirements  of  law.  conform  substantially  to  the  following  require- 
ments : 

1.  Above   the   propositions   submitted   the   following  words   shall 
be  printed  in  capital  letters : 

"PEG-POSITIONS    POP    THE    REDISTRICTING    OF    THE 
CITY  OF  CHICAGO." 

2.  Immediately  below  said  words  shall  be  printed  in  small  letters 
the  direction  to  voters : 

"A^ote  for  One." 


CITIES    AND    VILLAGES.  259 


3.     Following  thereupon  shall  be  printed  each   proposition  to  he 
voted  upon  in  substantially  the  following  form : 


For  the  adoption  of  an  ordinance  for  the  redistrict- 
ing  of  the  City  of  Chicago  (here  insert  "passed  by 
the  city  council"  or  "proposed  by  Aldermen  (here 
insert  names  of  the  aldermen  signing  petition)"  as 
the  case  may  require). 


For  the  adoption  of  an  ordinance  for  the  redisricting 
of  the  City  of  Chicago  proposed  by  Aldermen  (here 
insert  names  of  the  aldermen  signing  the  petition). 


Whenever  the  question  of  the  adoption  of  but  one  redistricting 
ordinance  shall  be  submitted  to  the  voters,  the  form  of  the  ballot  shall 
be  substantiallv  as  follows : 


Shall   the   ordinance   proposed   by   Aldermen  YES 

(Here  insert  the  'names   of  the   aldermen 


signing  the  petition)  be  adopted?  jSTO 


4.     All  the  propositions  shall  be  printed  in  uniform  type. 

§  7.  Redistricting  ordinance  submitted — when  approved  and 
in  effect.]  If  the  question  of  the  adoption  of  one  of  two  or  more 
redistricting  ordinances  is  submitted  to  the  voters  at  any  election,  the 
ordinance  for  which  the  highest  number  of  votes  is  cast  shall  be 
deemed  approved  and  shall  thereupon  be  in  force  and  effect.  If  the 
question  of  the  adoption  of  but  one  such  ordinance  is  submitted  at  any 
election  and  a  majority  of  the  votes  cast  thereon  are  for  the  adoption 
of  such  ordinance,  it  shall  thereupon  be  in  force  and  effect ;  otherwise 
such  ordinance  shall  not  go  into  effect. 

§  8.  Election  and  ballot  laws  to  apply  where  consistent 
hereavith.]  All  election  and  ballot  laws  in  force  in  the  City  of  Chi- 
cago governing  the  submission  of  propositions  to  a  popular  vote  or  ap- 
plicable thereto  and  not  inconsistent  with  the  provisions  of  this  Act 
shall  apply  to  and  govern  the  submission  of  any  propositions  herein 
provided  for. 

§  9.  Redistricting  in  1931  and  decennially  thereafter.]  On 
or  before  the  first  day  of  December,  1931,  and  every  ten  years  there- 
after, the  city  council  shall  by  ordinance  redistrict  the  city  on  the 
basis  of  the  national  census  of  the  preceding  year.  All  provisions  of 
this  Act,  relating  to  redistricting  of  the  city  immediately  following  the 
adoption  of  this  Act,  including  the  provisions  for  the  filing  and  sub- 
mission of  substitute  or  other  redistricting  ordinances,  shall  apply  with 
equal  force  and  effect  to  the  redistricting  of  the  city  in  1931  and  decen- 
niallv  thereafter. 


260  CITIES    AND    VILLAGES. 


§  2.  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  legal 
voters  of  the  City  of  Chicago  and  approved  by  a  majority  of  those 
voting  thereon. 

The  question  of  the  adoption  of  this  Act  by  the  City  of  Chicago 
shall  be  submitted  to  such  legal  voters  at  the  first  general,  municipal, 
or  special  election,  to  be  held  in  and  for  the  entire  city  after  the  pass- 
age of  this  Act,  or  before  that  time  at  a  special  election  to  be  called 
by  the  city  council  by  ordinance. 

If  this  Act  shall  fail  to  be  adopted  at  the  election  aforesaid  by  a 
majority  of  the  legal  voters  of  the  City  of  Chicago  voting  thereon,  the 
city  council  of  the  City  of  Chicago  may  by  ordinance  direct  that  the 
question  of  the  adoption  of  this  Act  Be  again  submitted  to  such  legal 
voters  at  any  such  general,  municipal,  or  special  election  in  and  for  the 
entire  city  to  be  held  not  less  than  thirty  days  from  and  after  the  passage 
of  such  ordinance,  and  not  less  than  15  months  prior  to  the  expiration  of 
the  term  of  the  mayor  in  office  at  the  time  of  the  passage  of  such  ordin- 
ance. The  city  clerk  of  the  City  of  Chicago  shall  promptly  certify 
the  passage  of  such  ordinance  to  the  board  of  election  commissioners 
of  the  City  of  Chicago,  and  it  shall  thereupon  be  the  duty  of  said  board 
of  election  commissioners  to  submit  the  question  of  the  adoption  of 
this  Act  to  such  legal  voters  at  such  election. 

If  this  Act  shall  fail  to  be  adopted  at  the  election  first  provided 
for  herein  by  a  majority  of  the  legal  voters  thereon,  the  question  of 
the  adoption  of  this  Act  may  also  again  be  submitted  to  the  legal  voters 
of  the  City  of  Chicago,  at  any  general,  municipal,  or  special  election, 
to  be  held  in  and  for  the  entire  city  not  less  than  forty  days  from  and 
after  the  filing  of  the  petition  hereinafter  provided  for,  and  not  less 
than  15  months  prior  to  the  expiration  of  the  term  of  the  mayor  in 
office  at  the  time  of  .filing  such  petition,  in  the  following  manner :  A 
petition  signed  by  legal  voters  of  the  city  equal  in  number  to  at  least 
five  per  cent  of  the  legal  voters  of  the  city  voting  at  the  last  ^receding 
election  for  mayor,  demanding  the  submission  of  the  question  of  the 
adoption  of  this  Act,  may  be  filed  with  said  board  of  election  commis- 
sioners and  it  shall  thereupon  be  the  duty  of  said  board  of  election  com- 
missioners to  submit  the  question  of  the  adoption  of  this  Act  to  such 
legal  voters  at  the  election  specified  in  said  petition. 

If  this  Act  shall  fail  to  be  adopted,  at  any  time  at  which  it  is 
submitted  under  the  requirements  of  this  section,  by  a  majority  of  the 
legal  voters  of  the  City  of  Chicago  voting  thereon,  then  it  may  be 
resubmitted  from  time  to  time  by  ordinance  or  petition  as  above  pro- 
vided. 

The  said  Board  of  election  commissioners  shall  give  notice  of  any 
election  provided  for  in  this  section  by  publishing  a  notice  thereof,  not 
less  than  twenty  days  prior  to  such  election,  in  at  least  one  newspaper 
of  general  circulation  published  in  the  City  of  Chicago. 

The  ballot  to  be  used  at  such  election  shall  be  in  substantially  the 
following  form  : 


CJT1ES    AiS'D    VILLAGES. 


261 


For  the  adoption  of  an  Act  to  amend  an  Act 
entitled,  "An  Act  to   provide   for  the    in- 
corporation of  cities  and  villages/'  so  as  to 
provide  for  the  election  of  one  alderman 
from  each  ward,  for  redisricting  the  City 
of  Chicago  into  fifty  wards  and    for    the 
election  of  the  city  clerk  and  city  treasurer 
for  terms  of  four  years  each. 

YES 

NO 

[ 

If  a  majority  of  the  legal  voters  of  the  City  of  Chicago,  voting 
thereon  at  any  such  election,  shall  vote  for  the  adoption  of  this  Act,  it 
shall  thereby  and  thereupon  be  adopted  and  shall  be  in  force  and  effect 
and  become  operative  in  the  City  of  Chicago.  Alderman  elected  at  the 
election  of  1923  and  at  general  elections  for  aldermen  subsequent  thereto 
shall  serve  for  the  term  determined  by  popular  vote  in  accordance  with 
the  provisions  of  this  section.  At  any  time  when  the  question  of  the 
adoption  of  this  Act  is  submitted  to  the  legal  voters  of  the  City  of  Chi- 
cago, there  shall  also  be  submitted  upon  the  same  ballot  questions  to 
appear  as  follows : 

"Vote  for  one" 


For  the  adoption  of  a  two  year  term  for  aldermen. 


For  the  adoption  of  a  four  year  term  for  aldermen. 


If  a  majority  of  those  voting  on  the  questions  shall  vote  for  a  two 
year  term,  the  term  of  aldermen  elected  in  1923  and  at  subsequent 
general  elections  for  aldermen  shall  be  two  years,  and  a  general  election 
for  aldermen  shall  be  held  at  the  time  prescribed  by  law,  each  second 
year  after  1923.  If  a  majority  of  those  voting  on  the  question  shall 
vote  for  a  four  year  term,  the  term  of  aldermen  elected  in  1923  and  at 
subsequent  general  elections  for  aldermen  shall  be  four  years  and  a 
general  election  for  aldermen  shall  be  held  at  the  time  prescribed  by 
law  each  fourth  year  after  1925.  If  this  Act  shall  be  adopted  so  as  to 
become  operative  subsequent  to  the  general  election  to  be  held  in  the 
year  1923,  a  general  election  for  aldermen  shall  always  come  at  the 
same  time  as  the  election  for  mayor. 

§  3.  That  an  Act  constituting  Part  IV  of  x4.rticle  XII,  and  en- 
titled, "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,"  approved  June 
27,  1913,  be  and  the  same  is  hereby  repealed. 

Approved  June  28,  1919. 


262  CITIES    AND    VILLAGES. 


CITY  COUNCILS  AND  TRUSTEES — POWERS — ZONING.. 

§    1.     Powers   defined.  §   4.     Regulations — amended. 

§   2.     Ordinance  enacted.  §   5.     Passage     of     ordinance,     plat     of 

territory— recorded. 
§    3.     Filing        objections  —  property 
owners. 

(Senate   Bill  No.    125.     Approved  June   28,    1919.) 

An  Act  to  confer  certain  additional  powers  upon  city  councils  in  cities 
and  presidents  and  boards  of  trustees  in  villages  concerning  buildings, 
the  intensity  of  use  of  lot  areas,  the  classification  of  buildings,  trades 
and  industries  with  respect  to  location  and,  regulation,  the  creation  of 
residential,  industrial,  commercial  and  other  districts,  and  the  ex- 
clusion from  and  regulation  within  such  districts  of  classes  of  build- 
ings, trades  and  industries. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  addition  to  existing 
powers,  and  to  the  end  that  adequate  light,  pure  air  and  safety  from  fire 
and  other  dangers  may  be  secured,  that  the  taxable  value  of  land  and 
buildings  throughout  the  city  or  village  may  be  conserved,  that  con- 
gestion in  the  public  streets  may  be  lessened  or  avoided,  and  that  the 
public  health,  safety,  comfort  and  welfare  may  otherwise  be  promoted, 
the  city  council  in  each  city,  and  the  president  and  board  of  trustees  in 
each  village,  shall  have  the  following  powers: 

To  regulate  and  limit  the  height  and  bulk  of  buildings  hereafter  to 
be  erected,  to  regulate  and  limit  the  intensity  of  the  use  of  lot  areas  and 
to  regulate  and  determine  the  area  of  yards,  courts  and  other  open 
spaces  within  and  surrounding  such  buildings;  to  classify,  regulate  and 
restrict  the  location  of  trades  and  industries  and  the  location  of  build- 
ings designed  for  specified  uses;  to  make  regulations  designating  the 
trades  and  industries  that  shall  be  excluded  or  subjected  to  special 
regulations  within  fixed  districts  and  designating  uses  for  which  build- 
ings may  not  be  erected  or  altered  in  such  district;  to  divide  the  city 
or  village  or  portions  of  same  into  districts  of  such  number,  shape  and 
area  as  may  be  deemed  best  suited  to  carry  out  the  purposes  of  this 
Act,  including  the  power  to  create  and  establish  residential  districts 
within  which  new  buildings  designed  for  business  may  be  excluded,  re- 
stricted or  limited,  and  including  the  power  to  regulate  and  restrict  the 
location  of  trades  and  industries  and  buildings  designed  for  same  in 
such  a  way  that  classes  of  industries  which  affect  the  general  comfort 
of  the  public  may  be  excluded  from  districts  where  commercial  and 
professional  pursuits  which  do  not  affect  the  comfort  of  the  public  are 
carried  on;  and  to  prevent  the  alteration  or  remodelling  of  existing 
buildings  in  such  a  way  as  to  avoid  the  restrictions  and  limitations  law- 
fully imposed  on  any  such  district;  provided,  that  in  ordinances  passed 
under  the  authority  of  this  Act  due  allowance  shall  be  made  for  existing 
conditions,  the  conservation  of  property  values,  the  direction  of  building 
development  to  the  best  advantage  of  the  entire  city  or  village,  and  the 
uses  to  which  property  is  devoted  at  the  time  of  the  enactment  of  any 
such  ordinance,  and  that  the  powers  by  this  Act  given   shall   not  be 


CITIES    AND    VILLAGES.  263 


exercised  so  as  to  deprive  the  owner  of  any  existing  property  of  its  use 
for  the  purpose  to  which  it  is  then  lawfully  devoted.  And  provided 
further,  that  nothing  in  this  Act  shall  he  construed  to  prevent  additions 
to  and  alterations  of  any  existing  plant  or  building  made  to  further  the 
purpose  to  which  it  is  then  lawfully  devoted. 

§  2.  No  ordinance  under  the  authority  of  this  Act  shall  be  enacted 
until  a  public  hearing  has  been  held  upon  the  subject  matter  of  the 
proposed  ordinance  before  a  commission,  board  or  committee  authorized 
by  the  city  council  in  cities,  or  the  president  and  board  of  trustees  in 
villages,  to  investigate  and  make  recommendations  concerning  such 
subject  matter,  and  an  opportunity  afforded  the  owners  of  land  or  lots 
within  the  proposed  district  to  file  written  objection  as  herein  provided 
for.  Such  public  hearing  shall  be  held  only  after  publication  in  a 
newspaper  of  such  city  or  village  of  a  notice  of  the  time  and  place  of 
such  hearing  at  least  thirty  days  in  advance  thereof  and  the  posting  of 
such  notice  at  not  less  than  four  different  places  within  such  district, 
which  notice  shall  indicate  the  boundaries  of  the  territory  to  be  affected 
both  by  the  designation  of  the  street  and  house  numbers  included  and 
by  the  legal  description  of  the  property  therein,  and  shall  state  what 
regulations  under  the  authority  of  this  Act  affecting  such  territory  are 
to  be  considered  at  such  hearing.  In  addition  to  making  publication 
and  posting  notices  as  herein  provided,  the  officer  or  officers  authorized 
to  hold  said  public  hearing  shall  cause  a  notice  of  similar  import  to  be 
mailed  to  the  person  shown  by  the  records  of  the  county  collector  as  the 
one  who  paid  the  taxes  during  the  last  preceding  calendar  year  on  each, 
lot,  block,  tract  or  parcel  of  land  situated  within  such  territory,  at  the 
residence  of  the  person  so  paying  the  taxes  on  each  lot,  block,  tract  or 
parcel  of  land,  if  the  same  can  on  diligent  inquiry  be  found,  and  if  the 
same  cannot  on  diligent  inquiry  be  found,  such  notice  shall  be  directed 
to  such  person  at  the  general  delivery  of  the  post  office  in  the  city  or 
village  in  which. said  district  is  proposed  to  be  made.  The  affidavit  of 
the  officer  designated  by  ordinance  as  the  one  to  give  such  notice  to  the 
effect  that  such  publication  was  made  in  such  newspaper  and  by  such 
posting  and  that  such  notices  were  mailed  shall  be  taken  as  conclusive 
evidence  that  sufficient  notice  was  given  to  all  parties  interested.  When 
a  district  is  first  created  no  ordinance  shall  be  passed  hereunder  which 
shall  enlarge  or  reduce  or  otherwise  change  the  boundaries  of  the  terri- 
tory as  indicated  in  such  notice  without  another  such  notice  and  public 
hearing.  Said  public  hearing  shall  be  conducted  by  the  said  commis- 
sion, board  or  committee  and  may  be  temporarily  adjourned  and  recon- 
vened from  time  to  time  until  final  adjournment  at  the  discretion  of  the 
said  commission,  board  or  committee.  After  such  final  adjournment 
said  commission,  board  or  committee  shall  make  its  report  and  recom- 
mendation to  the  city  council  or  board  of  trustees,  as  the  case  may  be, 
and  file  the  same  with  the  city  or  village  clerk  within  ten  (10)  days  of 
the  date  of  such  adjournment. 

§  3.  At  any  time  after  the  public  hearing  herein  provided  for., 
and  not  more  than  thirty  (30)  days  after  such  commission,  board  or 
committee   shall   fde    its    report   as    required    herein,   the   owners   of   a 


264  CITIES   AND    VILLAGES. 


majority  of  the  land  or  lots  within  the  proposed  district  according  to 
frontage  on  the  streets  dedicated  to  public  use  shall  have  the  right  to  file 
their  objection  in  writing  to  the  formation  of  such  district  or  to  the 
regulations  or  restrictions  proposed  therein.  Such  written  objection  may 
consist  of  one  sheet  or  of  a  number  of  sheets  bound  together,  with  the 
signatures  of  such  owners,  the  location  of  the  property  and  the  amount 
of  frontage  owned  by  each  stated  thereon  after  each  name,  and  the  same 
may  be  filed  with  the  commission,  board  or  committee  designated  as  the 
proper  authority  to  conduct  such  proceedings.  Upon  the  filing  of  such 
objection,  if  it  shall  appear  that  the  owners  of  such  a  majority  according 
to  frontage  are  opposed  to  the  formation  or  creation  of  such  district  as 
is  proposed,  or  to  the  regulations  or  restrictions  proposed  for  any  such 
district,  all  proceedings  for  same  shall  be  discontinued,  and  no  ordinance 
for  the  creation  or  formation  of  such  district  in  such  territory  shall  be 
passed,  and  no  new  proceedings  for  the  formation  or  creation  of  such 
district  within  the  said  territory  shall  be  begun  within  one  year  after 
the  filing  of  such  objection :  Provided,  that  if  said  objection  shall  state 
that  it  is  directed  only  against  certain  of  the  proposed  regulations  and 
restrictions,  specifying  same,  new  proceedings  as  herein  provided  for 
may  be  begun  at  any  time  for  the  purpose  of  creating  such  district  after 
changing  or  modifying  the  proposed  regulations  and  restrictions. 

§  4.  The  regulations  imposed  and  the  districts  created  under  the 
authority  of  this  Act  may  be  amended,  supplemented  or  changed  from 
time  to  time  by  ordinance  after  the  ordinance  establishing  same  has  gone 
into  effect,  but  no  such  change  shall  be  made  without  notice  and  public 
hearing  in  the  same  manner  as  when  such  district  is  first  created,  and 
in  case  of  written  protest  against  a  proposed  amendment,  supplement  or 
change,  signed  by  the  owners  of  twenty  per  cent  of  the  frontage  proposed 
to  be  altered,  or  by  the  owners  of  twenty  per  cent  of  the  frontage  im- 
mediately adjoining  or  across  an  alley  therefrom,  or  by  the  owners  of 
twenty  per  cent  of  the  frontage  directly  opposite  the  frontage  proposed 
to  be  altered,  filed  with  the  said  commission,  board  or  committee  so 
designated,  such  amendment  shall  not  be  passed  except  by  the  favorable 
vote  of  two-thirds  of  the  members  of  the  city  council  in  cities,  or  of  the 
members  of  the  board  of  trustees  in  villages :  Provided,  that  it  shall 
always  be  within  the  power  of  the  owners  of  a  majority  of  the  lands 
and  lots  according  to  frontage  within  a  proposed  addition  to  such  dis- 
trict to  prevent  such  addition  by  filing  objection  thereto  as  herein 
provided. 

§  5.  Upon  the  passage  of  an  ordinance  under  the  authority  of  this 
Act  a  certified  copy  of  the  same,  together  with  a  plat  of  the  territory 
affected  certified  to  by  the  mayor  of  the  city  or  president  of  the  board 
of  trustees  of  the  village,  as  the  case  may  be,  shall  be  filed  for  record  in 
the  office  of  the  recorder  of  deeds  of  the  county  in  which  the  said  terri- 
tory is  located,  and  no  such  ordinance  shall  take  effect  until  the  same 
is  so  recorded. 

Approved  June  28,  1910. 


CITIES    AND    VILLAGES.  265 


CITY  AND  VILLAGE   OFFICERS. 

§    1.     Amends    section    2    of    Article    IV  8    1.     Officers    specified, 

and  sections   1   and  2   of  Article 

VI,   Act  of   1872.  §   2.     Appointment    of    officers 

— duties. 
§    2.     Election   of   officers. 

(Senate   Bill   No.    66.     Approved  June    21,    1919.) 

An  Act  ia  amend  section  2  of  Article  IV  and  sections  1  and  2  of 
Article  VI  of  an  Act  entitled,  "An  Act  to  provide  for  the  incorpora- 
tion of  cities  and  villages,"  approved  April  10,  1872,  in  force  July  1, 
1ST 2,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  Section  2  of  Article  IV  and 
sections  1  and  2  of  Article  VI  of  an  Act  entitled,  "An  Act  to  provide 
for  the  incorporation  of  cities  and  villages",  approved  April  10,  1872, 
in  force  July  1,  18 72,  as  amended,  are  amended  to  read  as  follows : 

§  2.  (Article  IV)  At  the  general  election  held  in  1921,  and 
biennially  thereafter,  a  mayor,  a  city  clerk  and.  a  city  treasurer  shall  be 
elected  in  each  city:  Provided,  that  no  person  shall  be  elected  to  the 
office  of  city  treasurer  for  two  terms  in  succession. 

§  1.  (Article  VI)  There  shall  be  elected,  in  all  cities  organized 
under  this  Act  the  following  officers,  viz. ;  a  mayor,  a  city  council,  a 
city  clerk  and  a  city  treasurer. 

§  2.  (Article  VI)  After  the  expiration  of  the  present  term  of 
office  of  the  city  attorney  in  every  city  organized,  under  this  Act,  the 
city  attorney  in  every  such  city  shall  be  appointed  by  the  mayor,  by 
and  with  the  advice  and  consent  of  the  city  council. 

The  city  council  may,  in  its  discretion,  from  time  to  time,  by  ordi- 
nance passed  by  a  vote  of  two-thirds  of  all  the  aldermen  elected,  pro- 
vide for  the  election  by  the  legal  voters  of  the  city,  or  the  appointment 
by  the  mayor,  with  the  approval  of  the  city  council,  of  a  city  collector, 
a  city  marshal,  a  city  superintendent  of  streets,  a  corporation  counsel, 
a  city  comptroller,  or  any  or  either  of  them,  and  such  other  officers 
as  may  by  said  council  be  deemed  necessary  or  expedient.  The  city 
council  may,  by  a  like  vote,  by  ordinance  or  resolution,  to  take  effect 
at  the  end  of  the  then  fiscal  year,  discontinue  any  office  so  created,  and 
devolve  the  duties  thereof  on  any  other  city  officer ;  and  no  officer  filling 
any  such  office  so  discontinued,  shall  have  any  claim  against  the  city 
on  account  of  his  salary,  after  such  discontinuance.  The  city  marshal 
shall  perform  such  duties  as  shall  be  prescribed  by  the  city  .council 
for  the  preservation  of  the  public  peace,  and  the  observance  and  en- 
forcement of  the  ordinances  and  laws ;  he  shall  possess  the  power  and 
authority  of  a  constable  at  common  law,  and  under  the  statutes  of  this 
State. 

Approved  June  21,  1919. 


26G  CITIES    AND   VILLAGES. 


COMMUNITY  BUILDINGS. 

s   i      Tax  levy  §  5.     Power    to     lease     building,     select 

site,       erection      of      building — 
§    2.     Filing    petition — manner    of    levy-  moneys   paid — treasurer, 

ing  tax. 

§  6.      Issuing  bonds  for  funds. 
§   3.      Majority   voting   on   levying   tax — 

rate    specified.  §  7.     Dedication — soldiers     and     sailors. 

§    4.      Supervision  —  officers  —  term        of        §   8.     Use  of  building, 
office — elected. 

§    9.      Annual   reports. 

(House  Bill  No.    329.     Approved  June   23,    1919.) 

An  Act  to  authorize  towns  having  a  population  of  fewer  than  5,000 
inhabitants  to  establish,  erect  and  maintain  community  buildings. 

§  1.  Be  it  enacted  by  the  People  of  tie  State  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  provisions  of 
this  Act,  any  town  may  levy  an  annual  tax  of  not  to  exceed  three  mills 
on  each  dollar  of  the  assessed  valuation  of  taxable  property  therein,  for 
the  purpose  of  erecting  and  maintaining  community  buildings.  Such 
tax  shall  be  levied  and  collected  in  the  same  manner  as  other  general 
taxes. 

§  2.  Upon  the  filing  with  the  town  clerk  of  any  town  a  petition 
containing  the  names  of  not  less  than  fifty  legal  voters  of  such  town 
praying  that  the  tax  herein  authorized  be  levied,  the  question  of  levy- 
ing such  tax  shall'be  submitted  to  the  voters  of  such  town  at  a  special 
election  to  be  called  for  that  purpose,  not  less  than  thirty,  nor  more 
than  sixty  days  after  the  filing  of  such  petition :  Provided,  that  the 
question  of  levying  such  tax  shall  be  submitted  at  a  regular  town  elec- 
tion if  such  election  is  to  be  held  not  less  than  twenty,  nor  more  than 
ninety  days  after  the  filing  of  the  petition,  and  provided  further,  that 
such  question  shall  not  be  submitted  in  any  town  in  which  there  is  a 
population  of  over  five  thousand  inhabitants  according  to  the  latest 
Federal  census. 

§  3.  If  a  majority  of  those  voting  on  the  question  of  levying  a 
tax  for  the  establishment,  erection  and  maintenance  of  a  community 
building  shall  vote  in  favor  thereof,  an  annual  tax  of  not  to  exceed 
three  mills  on  each  dollar  of  the  assessed  valuation  of  the  taxable  prop- 
erty shall  be  levied  and  collected  for  that  purpose. 

§  4.  The  establishment  or  erection  of  a  community  building  and 
the  maintenance  thereof  shall  be  under  the  supervision  of  a  board  of- 
managers.  The  board  of  managers  shall  consist  of  three  persons,  resi- 
dents of  the  town,  who  shall  be  elected  at  the  regular  town  election 
for  a  term  of  three  years.  The  board  of  managers  shall  serve  without 
compensation.  The  first  board  of  managers  shall  be  elected  at  a  special 
election  called  for  that  purpose  after  the  ratification  of  the  question 
of  levying  the  tax  hereby  authorized,  one  for  one  year,  one  for  two 
years,  and  one  for  three  years,  to  be  determined  by  lot.  Thereafter,  one 
person  shall  be  annually  elected  to  the  board  of  managers  at  the  regular 
town  election,  for  a  term  of  three  years. 

§_  5.  The  board  of  managers  shall  bave  power  to  lease  a  building, 
or  buildings,  for  the  establishment  of  a  community  building,  or  to 
select  a  site  and  cause  the  erection  of  a  building  for  that  purpose,  and 


CITIES   AND   VILLAGES.  267 


may  exercise  any  and  all  other  powers  necessarily  incidental  in  order 
to  carry  out  the  provisions  of  this  Act.  The  town  treasurer  shall  pay 
(nit  moneys  derived  from  the  tax  hereby  authorized  only  on  the  order 
of  a  majority  of  the  board  of  managers. 

§  6.  If  the  board  of  managers  shall  deem  it  necessary  to  issue 
bonds  for  the  purpose  of  obtaining  sufficient  funds  to  establish  a  com- 
munity building,  it  shall  cause  the  question  of  issuing  such  bonds  to  be 
submitted  to  a  vote  of  the  people  of  the  town,  at  an  election  to  be  called 
for  that  purpose.  Notices  of  such  election  shall  be  posted  in  at  least 
five  of  the  most  public  places  in  such  town,  for  at  least  ten  days  prior 
to  the  date  fixed  for  holding  such  election.  Such  notices  shall  state 
the  amount  of  bonds  proposed  to  be  issued,  the  date  of  maturity  and 
the  rate  of  interest  to  be  paid  thereon. 

The  ballots  for  use  in  such  election  shall  be  in  substantially  the  fol- 
lowing form: 


For  bond  issue  of dollars,  payable  in 

years  with  interest  at  the  rate  of per 

cent  per  annum  for  community  building  purposes. 


Against  bond  issue  of dollars,  payable  in 

years  with  interest  at  the  rate  of per 

cent  per  annum  for  community  building  purposes. 


Such  bonds  shall  mature  on  or  before  twenty  years  from  the  date 
thereof  and  bear  interest  at  the  rate  not  to  exceed  five  per  cent  per 
annum,  payable  annually  or  semi-annually  as  the  board  of  managers 
may  determine.  If  the  interest  is  to  be  paid  semi-annually,  that  fact 
shall  be  stated  in  the  notices  of  election  and  on  the  ballots.  Such 
bonds  shall  be  sold  at  not  less  than  par.  From  the  proceeds  of  the 
annual  tax  levy  authorized  by  this  Act,  the  board  of  managers  shall 
provide  a  sinking  fund  for  the  retirement  of  such  bonds,  and  such 
bonds  shall  be  payable  only  out  of  such  proceeds. 

§  7.  The  community  building  of  any  town  may  be  dedicated  to 
the  soldiers  and  sailors  of  such  town  and  bronze  tablets  or  other 
memorials  in  honor  of  such  soldiers  and  sailors  may  be  placed  therein 
by  the  board  of  managers. 

§  8.  Subject  to  the  reasonable  rules  and  regulations  of  the  board 
of  managers,  the  community  building  shall  be  for  the  free,  use  and 
benefit  of.  the  inhabitants  of  such  town  for  lectures,  concerts,  free 
amusements  and  entertainments,  and  all  other  general  educational  pur- 
poses. The  annual  town  meetings  and  other  public  assemblies  may  be 
held  therein.  The  board  of  managers  shall  have  power  to  lease,  tem- 
porarily, the  community  building  when  not  in  use  for  public  purposes, 
for  any  reasonable  and  legitimate  private  use  on  such  terms  as  may 
be  deemed  reasonable  and  proper.  Private  lessees  of  a  community 
building  mav  charge  admission  fees.     All  monev   received  from  tern- 


268  CITIES    AND    VILLAGES. 


porary  rentals  shall  be  turned  over  to  the  town  treasurer  and  shall  be 
used  only  for  the  maintenance  of  the  community  building. 

§  9.  The  board  of  managers 'shall  make  a  full  and, complete  an- 
nual report  of  all  its  actions  to  the  town  board  of  auditors. 

Approved  June  23,  1919. 


DIVISION  INTO  DISTRICTS. 

§    1.     Amends  Act  of  1872  by  adding  to  §  8b.     Elections  —  village 

Article   XI   sections    8a,    8b    and  trustees. 

8c. 

§  8c.     Ballots — form. 
•  §    8a.      Division    of   districts. 

(Senate   Bill   No.    533.      Approved   June   28,    1919.) 

An  Act  to  amend  an  Act  entitled:  "An  Act  to  provide  for  the  incor- 
poration of  cities  and  villages,"  approved  April  10,  1812,  in  force 
July  1,  1872,  as  amended,  by  adding  three  sections  to  Article  XI 
thereof,  to  be  known  as  sections  8a,  8b  and  Sc. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled:  "An  Act  to 
provide  for  the  incorporation  of  cities  and  villages/'  approved  April 
iO,  1872,  in  force  July  1,  1872,  as  amended,  is  amended  by  adding  three 
sections  to  Article  XI  thereof,  to  be  known  as  sections  8a,  8b  and  8c  to 
read  as  follows : 

§  8a.  The  board  of  trustees  in  any  village  having  a  population 
of  25,000  or  more  which  adopts  in  the  manner  prescribed  in  sections 
8b  and  8c  of  this  Article,  the  provisions  of  this  amendatory  Act,  shall 
by  ordinance  divide  such  village  into  six  compact  and  contiguous  dis- 
tricts of  approximately  equal  population. 

The  board  shall  thereafter  in  like  manner  re-district  such  village 
so  that  the  districts  shall  be  of  approximately  equal  population  when- 
ever the  same  may  become  necessary. 

Each  of  the  districts  shall  thereafter  be  represented  by  one  trustee 
who  shall  have  been  an  actual  resident  of  such  district  for  at  least  six 
months  prior  to  his  election,  but  each  trustee  shall  be  elected  by  the 
qualified  electors  of  the  entire  village. 

At  the  next  annual  election  of  trustees,  three  shall  be  elected  who 
shall  have  resided  for  the  period  specified,  one  in  each  of  three  districts 
in  such  village.  At  the  second  annual  election  three  shall  be  elected, 
one  from  each  of  the  three  remaining  districts.  The  ordinance  pro- 
viding for  the  districting  of  the  village  shall  also  designate  the  three 
districts  from  which  the  trustees  shall  be  elected  at  the  first  annual 
election  of  trustees. 

§  8b.  Upon  presentation,  not  later  than  thirty  days  before  any 
regular  election  in  any  village  having  a  population  of  25,000  or  more, 
to  the  clerk  of  the  board  of  trustees  of  a  petition  signed  by  not  less 
than  five  per  cent  of  the  legal  voters  of  that  village  and  praying  that 
the  question  of  districting  such  village  and  electing  trustees,  one  from 
each  district,  be  submitted  to  the  voters  of  the  village,  this  question 
shall  be  submitted  at  the  next  regular  election  in  such  village. 


CITIES    AND    VILLAGES. 


269 


§  8c.     The  ballot  for  use  in  the  election  shall  be  in  substantially 
the  following  form : 


□ 
□ 


For  the  proposition  of  electing  village  trustees  one  from  eacli  of 
six  districts. 

Against  the  proposition  of  electing  village  trustees  one  from  each 
of  six  districts. 


If  the  question  so  submitted  receives  the  favorable  vote  of  a  ma- 
jority of  all  votes  cast  for  and  against  the  'proposition,  the  board  of 
trustees  shall  proceed  to  district  such  village  and  the  election  of  trustees 
for  such  village  thereafter  shall  be  in  accordance  with  the  provisions 
of  this  amendatory  Act. 

Approved  June  28,  1919. 


ELECTION   OP   CITY   OFFICERS. 


§    1. 


Adds  sections  4,  5,  6,  7,  8,  9,  10, 
11,  12,  13,  14  and  15  to  Part 
Four,   Act   of   1872. 

§      4.     To  whom   applicable. 

§      5.     Times    for    elections. 

§      6.     Candidate  receiving 

majority  elected — 
supplementary  elec- 
tions. 

§      7.     Nomination      by      peti- 
tion. 

§      8.     Candidates    may    with- 
draw. 


§  10.  Allotment  of  ballots  by 
precincts. 

§  11.  Party  designations 
prohibited — ballot  to 
be  separate  from 
other  ballots. 


§    12. 
§    13. 


Challengers      and 
watchers. 


Certificate    of    election. 


§    14.     Election      laws      apply 
when  consistent 

herewith. 

Adoption   of   this   Act. 


§      9.     Form  of  ballot. 

(Senate   Bill   No.    248.     Approved   June    28,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incor- 
poration of  cities  and  villages,"  approved  April  10,  1872,  in  force 
July  1,  1872,  by  amending  Article  XII  thereof  by  adding  thereto 
twelve  neiv  sections  to  be  known  as  sections  4,  5,  6,  7,  8,  9,  10,  11, 
12,  13  and  14  of  Part  Four. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  the  incorporation  of  cities  and  villages,"  approved  April 
10,  1872,  in  force  July  1,  1872,  as  amended  by  subsequent  Acts,  be  and 
the  same  is  hereby  amended,  in  pursuance  of  section  31  of  Article  IV 
of  the  Constitution,  by  adding  to  Article  XII  thereof  twelve  new  sec- 
tions to  be  know  as  sections  4,  5,  6,  7,  8,  9,  10,  11,  12,  13  and  11  of 
Part  Four  thereof,  said  new  sections  to  read  as  follows : 


Part  Four. 

§  1.  To  whom  applicable.  The  provisions  of  this  Act  shall 
apply  to  all  elections  for  aldermen;  in  the  City  of  Chicago.  The  name 
of  no  person  shall  be  printed  upon  the  official  ballot  as  a  candidate  for 


270  CITIES   AND   VILLAGES. 


alderman,  unless  the  terms  of  this  Act  shall  have  been  complied  with. 
It  recall  elections  are  provided  for,  to  be  held  within  the  City  of  Chi- 
cago, the  provisions  of  this  Art  shall  apply  to  such  elections,  except 
to  the  extent  that  provisions  inconsistent  herewith  are  made  by  law 
providing  for  such  recall  elections. 

§  5.  Times  for  elections.]  General  elections  for  aldermen 
shall  be  held  in  the  year  or  years  fixed  by  law  for  holding  the  same,  on 
the  last  Tuesday  of  February  of  such  year.  Any  supplementary,  election 
for  aldermen  held  under  the  provisions  of  this  Act  shall  be  held  on  the 
first  Tuesday  of  April  next  following  the  holding  of  such  general  alder- 
manic  election.  Special  aldermanic  elections  shall  be  held  on  the  date 
provided  for  by  the  ordinance  calling  the  same,  and  if  followed  by  a 
supplementary  election,  such  supplementary  election  shall  be  held  four 
weeks  thereafter. 

If  any  general  municipal  election  for  alderman  is  held  at  any 
date  other  than  the  last  Tuesday  in  February,  the  supplementary  muni- 
cipal election  following  the  same  shall  be  held  four  weeks  after  the 
date  of  such  general  municipal  election. 

§  6.  Candidate  receiving  majority  elected — supplementary 
elections.]  The  candidate  receiving  a  majority  of  the  votes  cast  for 
alderman  in  each  ward  at  any  general  or  special  election  shall  be  de- 
clared elected.  In  the  event  that  no  candidate  receives  a  majority  of 
such  votes  in  any  ward  or  wards  a  supplementary  election  shall  be  held 
at  the  time  prescribed  in  the  preceding  section.  At  such  supplementary 
election  the  names  of  the  candidates  in  each  of  such  wards  receiving 
the  highest  and  second  highest  number  of  votes  at  the  preceding  general 
or  special  election  and  no  others  shall  be  placed  on  the  official  ballot : 
Provided,  however,  that  if  there  be  any  candidate  who,  under  the  pro- 
visions of  this  section  Avould  have  been  entitled  to  a  place  on  the  ballot 
at  the  supplementary  election  except  for  the  fact  that  some  other  candi- 
date received  an  equal  number  of  votes,  then  all  such  candidates  receiving 
such  equal  number  of  votes  shall  have  their  names  printed  on  the  ballot 
as  candidates  at  such  succeeding  supplementary  election.  The  candidate 
receiving  the  highest  number  of  votes  at  such  supplementary  election 
shall  be  declared  elected.  Such  supplementary  election  shall  be  deemed 
a  special  election  under  the  election  and  ballot  laws  in  force  in  the  City 
of  Chicago  and  shall  be  governed  thereby  except  in  so  far  as  such  laws 
lire  inconsistent  with  the  provisions  of  this  Act. 

§  7.  Nomination  by  petition.]  All  nominations  for  alderman 
of  any  ward  in  the  city  shall  be  by  petition.  All  petitions  for  nomina- 
tions of  candidates  shall  be  signed  by  such  a  number  of  legal  voters 
as  will  aggregate  not  less  than  two  per  cent  and  not  more  than  live 
per  cent  of  all  the  votes  cast  for  alderman  in  such  ward  at  the  last 
preceding  general  election.  All  such  petitions,  and  procedure  with  re- 
spect thereto,  shall  conform  in  other  respects  in  the  provisions  of  the 
election  and  ballot  laws  then  in  force  in  the  City  of  Chicago  concern- 
ing the  nomination  of  independent  candidates  for  public  office  by  peti- 
tion. The  method  of  nomination  herein  provided  is  exclusive  of  and 
replaces  all  other  methods  heretofore  provided  by  law. 


CITIES    AND    VILLAGES.  2  7  1 


§  8.  Candidates  may  withdraw.]  Any  candidate  for  alderman 
under  the  provisions  of  this  Act  may  withdraw  his  name  as  a  candidate 
by  filing  with  the  board  of  election  commissioners  of  the  City  of  Chi- 
cago not  later  than  20  days  before  the  holding  of  the  election  his  writ- 
ten request  signed  by  him  and  duly  acknowledged  before  an  officer 
qualified  to  take  acknowledgments  of  deeds,  whereupon  his  name  shall 
not  be  printed  as  a  candidate  upon  the  official  ballot. 

"If  any  candidate  at  an  aldermanic  election  who  was  not  elected 
as  provided  for  herein  but  who  shall  have  received  sufficient  votes  to 
entitle  him  to  a  place  on  the  official  ballot  at  the  ensuing  supplementary 
election  shall  die  or  withdraw  his  candidacy  before  such  supplementary 
election,  the  name  of  the  candidate  who  shall  receive  the  next  highest 
number  of  votes  shall  be  printed  on  the  ballot  in  lieu  of  the  name  of 
the  candidate  who  shall  have  died  or  withdrawn  his  candidacy. 

§  9.  Form  of  ballot.]  Ballots  to  be  used  at  any  general,  sup- 
plementary or  special  election  held  under  the  provisions  of  this  Act, 
in  addition  to  other  requirements  of  law,  shall  conform  to  the  follow- 
ing requirements: 

(1).  At  the  top  of  the  ballots  shall  be  printed  in  capital  letters 
the  words  designating  the  ballot.  If  a  general  aldermanic  election  the 
words  shall  be  'Official  aldermanic  election  ballot';  if  a  supplementary 
election  the  designating  words  shall  be  'Official  supplementary  alder- 
manic election  ballot';  if  a  special  aldermanic  election,  the  words  shall 
be  'Special  aldermanic  election  ballot'. 

(2)  Beginning  not  less  than  one  inch  below  such  designating 
words  and  extending  across  the  face  of  the  ballot,  the  title  of  each 
office  to  be  filled  shall  be  printed  in  capital  letters. 

(3).  The  names  of  candidates  for  different  terms  of  service  there- 
in (if  any  there  be),  shall  be  arranged  and  printed  in  groups  accord- 
ing to  the  length  of  such  terms. 

(4).  Immediately  below  the  title  of  each  office  or  group  heading 
indicating  the  term  of  office,  shall  be  printed  in  small  letters  the  direc- 
tions to  voters,  'Vote  for  one.' 

(5).  Following  thereupon  shall  be  printed  the  names  of  the 
candidates  for  such  office  according  to  the  title  and  the  term  thereof 
and  below  the  name  of  each  candidate  shall  be  printed  his  place  of 
residence,  stating  the  street  and  number  (if  any).  The  names  of 
candidates  shall  be  printed  in  capital  letters  not  less  than  one-eighth 
nor  more  than  one-quarter  of  an  inch  in  height,  and  immediately  at 
the  left  of  the  name  of  each  candidate  shall  be  printed  a  square,  the 
sides  of  which  shall  not  be  less  than  one-quarter  of  an  inch  in  length. 
The  names  of  all  the  candidates  for  each  office  shall  be  printed  in  a 
column  and  arranged  in  the  order  hereinafter  designated ;  all  the  names 
of  candidates  shall  be  printed  in  uniform  type;  the  places  of  resi- 
dence of  such  candidates  shall  be  printed  in  uniform  type;  and  squares 
upon  said  ballots  shall  be  of  uniform  size ;  and  spaces  between  the  names 
of  the  candidates  for  the  same  office  shall  be  of  uniform  size. 

(6).  Said  ballots  shall  be  prepared  in  as  many  series  as  there  are 
candidates  in  the  group  in  which  there  are  the  most  names ;  the  ballots 
of  the  first  serips  shall  contain  all  the  names   of  the  candidates  for 


272  CITIES   AND   VILLAGES. 


each  group  to  be  filled,  on  [one]  immediately  following  the  other  in  alpha- 
betical order  according  to  their  surnames;  the  ballots  of  the  second 
series  shall  be  like  those  of  the  first  series,  and  the  names  of  the  can- 
didates in  the  second  series  shall  be  arranged  in  the  same  order  as  those 
of  the  first  series,  except  that  the  name  appearing  first  in  the  list  of 
candidates  for  each  group  in  said  first  series  shall,  in  said  second  series,  be 
printed  after  all  the  other  names  in  the  list  of  candidates  for  such  group ; 
"  the  ballots  of  the  third  series  shall  be  like  those  of  the  second  series, 
and  the  names  of  the  candidates  in  the  third  series  shall  be  arranged 
in  the  same  order  as  those  of  the  second  series,  except  that  the  name 
first  appearing  in  the  list  of  candidates  for  each  group  in  said  second 
series  shall,  in  said  third  series,  be  printed  after  all  the  other  names 
in  the  list  of  candidates  for  such  group;  and  so  on  successively,  the 
name  at  the  top  of  any  list  of  candidates  for  each  group  in  any  series 
being  placed  at  the  bottom  of  the  respective  lists  of  candidates  for  such 
group  in  each  succeeding  series,  and  the  name  next  to  the  top  name  in 
any  list  of  candidates  for  each  group  being  successively  advanced  to  the 
top  of  the  list  of  any  succeeding  series,  until  the  name  of  each  candidate 
for  each  group  shall  appear  at  the  head  of  the  list  of  candidates  for  such 
group. 

§  10.  Allotment  of  ballots  by  precincts.]  Each  precinct  of 
any  ward  shall  be  alloted  at  least  ten  per  cent  more  ballots  of  any  one 
series  than  there  are  registered  voters  in  such  precinct.  Every  pre- 
cinct in  such  ward  shall  be  allotted  a  different  series  of  ballots  unless 
there  are  more  precincts  in  such  ward  than  there  are  series  of  ballots 
printed  for  such  ward.  The  first  precinct  of  each  ward  shall  be  allot- 
ted the  first  series  of  ballots,  the  second  precinct  of  such  ward  the 
second  series,  and  so  on  successively  until  the  entire  series  of  ballots 
shall  have  been  exhausted,  whereupon  the  next  precinct  of  such  ward 
shall  be  allotted  the  first  series  of  ballots,  and  so  on  in  rotation  until 
all  the  precincts  of  such  ward  shall  have  been  supplied  with  the 
requisite  number  of  ballots :  Provided,  however,  that  in  the  event  that 
there  are  more  series  of  ballots  than  there  are  precincts  in  any  ward, 
then  the  ballots  for  such  ward  shall  be  so  distributed  in  said  ward  that 
an  equal  number  of  each  series  of  ballots  as  nearly  as  possible  shall  be 
allotted  to  such  ward  irrespective  of  the  number  of  precincts  in  such 
ward. 

On  the  back  or  outside  of  the  ballot  of  each  precinct  so  as  to 
appear  when  folded  shall  be  printed  the  appropriate  words  designating 
said  ballot,  followed  by  the  designation  of  said  precinct,  the  date  of 
the  election,  and  a  facsimile  of  the  proper  election  official. 

§  11.  Party  designations  prohibited— ballot  to  be  separate 
from  other  ballots.]  jSTo  party  name,  party  initial,  party  circle, 
platform,  principle,  appelation  or  distinguishing  mark  of  any  kind 
shall  he  printed  upon  any  election  ballot  used  at  any  election  held  under 
the  provisions  of  this  Act. 

If  any  party  primary  election  or  any  election  for  any  office  other 
than  aldermanic  shall  be  held  at  the  same  time  with  any  aldermanic 
election,  the  ballots  for  aldermen  shall  be  separate  from  all  other  bal- 
lots, except  that  any  question  of  public  policy  not  required  by  law  to 


CITIES   AND    VILLAGES.  273 


be  submitted  on  a  separate  ballot  from  that  containing  names  of  per- 
sons to  be  voted  for  may  be  submitted  in  the  manner  provided  by  law 
upon  the  same  ballot  as  that  used  for  an  aldermanic  election :  Pro- 
vided, that  the  polls  shall  be  opened  and  closed  for  any  aldermanic 
election  at  the  same  time  as  is  provided  for  the  opening  and  closing 
of  any  party  primary  election  for  any  office  other  than  alderman  held 
at  the  same  time. 

^  12.  Challengers  and  watchers.]  Any  candidate  for  alder- 
man under  the  terms  of  this  Act  may  appoint  in  writing  over  his  sig- 
nature not  more  than  one  representative  for  each  place  of  voting,  who 
shall  have  the  right  to  act  as  challenger  and  watcher  for  such  candidate 
at  any  election  at  which  his  name  is  being  voted  upon.  Such  chal- 
lenger and  watcher  shall  have  the  same  powers  and  privileges  as  a 
challenger  and  watcher  under  the  election  laws  of  this  State  applicable 
to  Chicago.  No  political  party  shall  have  the  right  to  keep  any  chal- 
lenger or  watcher  at  any  polling  place  at  any  election  held  under  the 
provisions  of  this  Act  unless  candidates  for  some  office  other  than 
alderman  are  to  be  voted  for  at  the  same  time. 

§  13.  Certi-ficate  of  election]  No  certificate  of  election  shall 
be  given  to  any  candidate  Avho  shall  be  declared  elected  at  any  general 
aldermanic  election  until  after  the  date  fixed  by  this  Act  for  the  holding 
at  [of]  the  supplementary  election  herein  provided  for. 

§  14.  Election  laws  apply  when  consistent  herewith.] 
All  laws  in  force  in  the  City  of  Chicago  governing  elections  for  munici- 
pal offices  or  applicable  thereto  and  not  inconsistent  with  the  provisions 
of  this  Act,  shall  apply  to  and  govern  all  elections  held  under  the  terms 
of  this  Act. 

§  2.  Adoption  of  this  act.]  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  legal  voters  of  the  City  of  Chicago  and  approved 
by  a  majority  of  those  voting  thereon. 

The  question  of  the  adoption  of  this  Act  by  the  City  of  Chicago 
shall  be  submitted  to  such  legal  voters  at  the  first  general,  municipal,  or 
special  election  in  and  for  the  entire  city  to  be  held  after  the  passage  of 
this  Act,  or  before  that  time  at  a  special  election  to  be  called  by  the  city 
council  by  ordinance. 

If  this  Act  shall  fail  to  be  adopted  at  the  election  aforesaid  by  a 
majority  of  the  legal  voters  of  the  City  of  Chicago  voting  thereon,  the 
city  council  of  the  City  of  Chicago  may  by  ordinance  direct  that  the 
question  of  the  adoption  of  this  Act  again  be  submitted  to  such  legal 
voters  at  any  general,  municipal,  or  special  election  in  and  for  the  entire 
city  to  be  held  not  less  than  thirty  days  from  and  after  the  passage  of 
such  ordinance.  The  city  clerk  of  the  City  of  Chicago  shall  promptly 
certify  the  passage  of  such  ordinance  to  the  board  of  election  commis- 
sioners of  the  City  of  Chicago  and  it  shall  thereupon  be  the  duty  of  said 
board  of  election  commissioners  to  submit  the  question  of  the  adoption  of 
this  Act  to  such  legal  voters  at  such  election. 

—18  L 


274  CITIES   AND   VILLAGES. 


If  this  Act  shall  fail  to  be  adopted  at  the  election  referred  to  in 
paragraph  two  of  this  section  by  a  majority  of  the  legal  voters  voting 
thereon,  the  question  of  the  adoption  of  this  Act  may  also  again  be 
submitted  to  the  legal  voters  of  the  City  of  Chicago,  at  any  general, 
municipal  or  special  election  in  and  for  the  entire  city  to  be  held  not 
less  than  forty  days  from  and  after  the  filing  of  the  petition  hereinafter 
provided  for,  in  the  following  manner :  A  petition  signed  by  legal  voters 
of  the  city  equal  in  number  to  at  least  five  per  cent  of  the  legal  voters 
of  the  city  voting  at  the  last  preceding  election  for  mayor,  demanding 
the  submission  of  the  question  of  the  adoption  of  this  Act,  may  be  filed 
with  said  board  of  election  commissioners  and  it  shall  "thereupon  be  the 
duty  of  said  board  of  election  commissioners  to  submit  the  question  of 
the  adoption  of  this  Act  to  such  legal  voters  at  the  election  specified  in 
said  petition. 

If  this  Act  shall  fail  to  be  adopted,  at  any  time,  at  which  it  is  sub- 
mitted under  the  requirements  of  this  section,  by  a  majority  of  the  legal 
voters  of  the  City  of  Chicago  voting  thereon,  then  it  may  be  resubmitted 
from  time  to  time  by  ordinance  or  petition  as  above  provided. 

The  said  board  of  election  commissioners  shall  give  notice  of  any 
election  provided  for  in  this  section  by  publishing  a  notice  thereof,  not 
less  than  twenty  days  prior  to  such  election,  in  at  least  one  newspaper 
of  general  circulation  published  in  the  City  of  Chicago. 

The  ballot  to  be  used  at  such  election  shall  be  in  substantially  the 
following  form : 


For  the  adoption  of  an  Act  to  amend  an  Act 
entitled,  "An  Act  to  provide  for  the  incor- 
poration of  cities  and  villages,"  so  as  to 
provide  for  nonpartisan  elections  for  alder- 
men in  the  City  of  Chicago. 

1 

Yes 

No 

If  a  majority  of  such  legal  voters  of  the  City  of  Chicago,  voting 
thereon  at  any  such  election,  shall  vote  for  the  adoption  of  this  Act, 
it  shall  thereby  and  thereupon  be  adopted. 

Approved  June  28,  1919. 


EMPLOYEES — APPOINTMENT  AND  DISCHARGE. 

§    1.     Amends  section  26  of  Article  XIII,  §   26.     Appointment    and    dis- 

Act  of  1872.  charge  of  employees, 

etc. — board  of  fire 
and  police  commis- 
sioners. 

(Senate  Bill  No.   483.     Approved  June   28,    1919.) 

An  Act  to  amend  section  26  of  Article  XIII  of  an  Act  entitled:  "An 
Act  to  provide  for  the  incorporation  of  cities  and  villages,"  approved 
April  10,  1812,  in  force  July  1,  1812,  as  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     Section  2G  of  Article  XIII  of  an 


CITIES    AND    VILLAGES.  275 


Act  entitled :  "An  Act  to  provide  for  the  incorporation  of  cities  and 
villages/'  approved  April  10,  1872,  in  force  July  1,  1872,  as  amended,  is 
amended  to  read  as  follows: 

§  26.  (a)  In.  all  cities  or  villages  which  have  heretofore  or  may 
hereafter  adopt  an  Act  entitled,  "An  Act  to  regulate  the  civil  service 
of  cities,"  approved  and  in  force  March  20,  1895,  all  officers,  assistants 
and  employees,  of  such  city  or  village,  except  those  named  and  men- 
tioned in  sections  23,  24  and  27  of  this  Act,  shall  be  appointed  and 
discharged  only  in  accordance  with  and  in  pursuance  of  the  provisions 
of  said  civil  service  Act:  Provided,  that  for  the  purpose  of  the  per- 
formance of  the  duties  imposed  upon,  and  the  exercise  of  the  powers 
and  authority  vested  in  a  head  of  department  or  office,  by  virtue  of  said 
civil  service  Act,  the  commissioner  of  each  respective  department  under 
the  commission  form  of  municipal  government  shall  be  considered  the 
head  of  department  or  office  under  said  Civil  Service  Act. 

(b)  In  all  cities  or  villages  which  have  heretofore  or  may  hereafter 
adopt  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  two  hun- 
dred thousand  and  prescribing  the  powers  and  duties  of  such  board," 
approved  and  in  force  April  2,  1903,  all  officers  and  members  of  the 
lire  and  police  departments  of  any  such  city  or  village,  including  the 
chief  of  police  and  chief  of  fire  department,  shall  be  appointed  and 
discharged  only  in  accordance  with  and  in  pursuance  of  the  provisions 
of  said  board  of  fire  and  police  commissioners  Act. 

(c)  Nothing  in  this  Act  contained  shall  be  construed  to  prevent 
any  city  or  village  adopting  the  commission  form  of  municipal  govern- 
ment, from  adopting  "An  Act  to  regulate  the  civil  service  of  cities," 
approved  and  in  force  March  20,  1895,  or  when  of  the  required  popu- 
lation, from  adopting  "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  two  hundred 
thousand  and  prescribing  the  powers  and  duties  of  such  board,"  approved 
and  in  force  April  2,  1903. 

(d)  In  all  cities  and  villages  which  have  heretofore  adopted  an 
Act  entitled,  "An  Act  to  provide  for  the  appointment  of  a  board  of  fire 
and  police  commissioners  in  all  cities  having  a  population  of  not  less 
than  7,000  nor  more  than  200,000,  and  prescribing  the  powers  and 
duties  of  such  board,"  approved  and  in  force  April  2,  1903,  and  which 
have-  also  heretofore  adopted  this  Act,  said  Act  to  provide  for  a  board 
of  fire  and  police  commissioners  shall  continue  in  full  force  and  effect 
in  said  city  or  village  in  like  manner  as  said  Act  would  have  continued 
in  force  therein  if  this  Act  had  not  been  adopted  therein.  Provided, 
that  the  council  shall  have  the  right,  power  and  authority  to  appoint 
and  discharge  the  board  of  fire  and  police  commissioners. 

Approved  June  28,  1919. 


276  CITIES    AND   VILLAGES. 


FIRE  AND  POLICE   COMMISSIONERS. 

§   1.     Amends    title    and    sections    1    and  §   19.     Adoption    of   Act. 

19,  Act  of  1903. 

§      1.     Appointment — term     of 

office.  , 

(Senate  Bill  No.   482.     Approved  June  28,   1919.) 

An  Act  to  amend  the  title  and  sections  1  and  19  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  pre- 
scribing the  powers  and  duties  of  such  board/'  approved  and  in  force 
April  2,  1903,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly:  That  the  title  and  sections  1  and 
19  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  hun- 
dred thousand,  and  prescribing  the  powers  and  duties  of  such  board/' 
approved  and  in  force  April  2,  1903,  as  amended,  are  amended  to  read 
as  follows: 

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  two  hundred  thousand,  and  pre- 
scribing the  powers  and  duties  of  such  board. 

Section  1.  In  every  city  in  this  State  having  a  population  of  not 
less  than  (7,000)  seven  thousand  nor  more  than  (200,000)  two  hundred 
thousand,  there  shall  be  appointed  by  the  mayor,  by  and  with  the  con- 
sent of  the  city  council,  a  board  of  fire  and  police  commissioners 
consisting  of  three  members,  whose  term  of  office  shall  be  three  years 
and  until  their  respective  successors  shall  be  appointed  and  qualified, 
except  as  hereinafter  provided:  Provided,  no  such  appointments  shall 
be  made  by  any  such  mayor  within  thirty  (30)  days  before  the  expira- 
tion of  his  term  of  office :  Provided,  further  that  in  all  cities  which 
have  heretofore  adopted,  or  which  may  hereafter  adopt  'The  commission 
form  of  municipal  government  Act',  the  board  of  fire  and  police  com- 
missioners shall  be  appointed  by  the  council. 

§  19.  The  electors  of  any  city,  of  the  population  herein  described, 
may  adopt  the  provisions  of  this  Act  in  the  following  manner :  When- 
ever the  legal  voters  of  said  city  equal  in  number  to  twenty  per  cent  of 
the  legal  votes  cast  at  the  last  preceding  general  city  election  shall 
petition  the  city  clerk  or  the  officer  or  officers  whose  duty  it  is  to  prepare 
the  ballots,  to  submit  the  proposition  as  to  Avhether  such  city  shall 
adopt  the  provisions  of  this  Act,  then  it  shall  be  the  duty  of  such  officer 
or  officers  to  submit  such  proposition  accordingly  at  the  next  succeeding 
regular  city  election,  and  if  such  proposition  be  not  adopted  at  such 
election,  the  same  may  in  like  manner  be  submitted  to  any  regular  city 
election  thereafter. 


CITIES    AND    VILLAGES. 


The  proposition  so  to  be  voted  for  shall  be  prepared  and  provided 
for  that  purpose  in  the  same  manner  as  other  ballots  and  shall  be  sub- 
stantially in  the  following  form  : 


For  the  adoption  of  the  provisions  of  an  Act  to  provide 
for  the  appointment  of  a  board  of  fire  and  police  com- 
missioners in  all  cities  of  this  State  having  a  popula- 
tion of  not  less  than  7,000  and  not  more  than  200,000 
and  prescribing  the  powers  and  duties'  of  such  board. 


If  a  majority  of  the  votes  cast  in  said  city  at  said  election  shall  be 
for  such  proposition  then  this  Act  shall  be  declared  adopted  and  in 
force  in  such  city. 

Approved  June  28,  1919. 


MUNICIPAL,   CONVENTION  HALLS. 

1.  Power.  §      6.     Free  use  to  inhabitants  and  local 

organizations. 

2.  Acquisition    of    property — appro- 

priations— taxes — bonds.  §      7.     City     council      may     pass     ordi- 

nances   to    regulate    convention 

3.  Appropriations  and  bond  issues —  hall. 

how  made. 

4.  Payment    of    bonds    and    interest. 


§      8.     Books  of  account. 
§      9.     Definitions. 


§      5.     Letting    convention    hall     to    as- 
semblage. §   10.     Act    not    to    be    affected    by    in- 
validity of  any  part. 

(House  Bill  No.    215.     Approved  June   28,   1919.) 

An  Act  to  authorize  cities  which  have  a  population  exceeding  100,000 
inhabitants  to  acquire,  own,  construct,  manage,  control,  maintain  and 
operate  municipal  convention  halls. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Power.]  That  every  city  in 
this  State  which  has  a  population  exceeding  one  hundred  thousand  in- 
habitants shall  have  power  and  authority  and  such  power  and  authority 
are  hereby  granted  to  acquire,  own,  construct,  manage,  control,  main- 
tain and  operate  within  the  corporate  limits  of  such  city  a  municipal 
convention  hall  or  municipal  convention  halls  with  all  necessary  ad- 
juncts thereto. 

§  2.  Acquisition  of  property  —  appropriations  —  taxes  — - 
bonds.]  Every  such  city  shall  have  full  power  to  acquire  by  dedication, 
gift,  lease,  contract,  purchase  or  condemnation  all  property  and  rights, 
necessary  or  proper,  within  the  corporate  limits  of  the  city,  for  such 
municipal  convention  hall  purposes;  and  to  appropriate  money,  to  levy 
and  collect  taxes,  to  borrow  money  on  the  credit  of  the  city  for  such 
purposes  and  to  issue  bonds  therefor. 


278  CITIES    AND   VILLAGES. 


In  all  cases  where  property  is  acquired  or  sought  to  be  acquired 
by  condemnation,  the  procedure  shall  be,  as  nearly  as  may  be,  like  that 
provided  for  in  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  amendments  thereto  now  in  force  or  which  may  hereafter 
be  enacted. 

§  3.  Appropriations  and  bond  issues — how  made.]  All  ap- 
propriations and  bond  issues  for  the  use  of  any  such  municipal  conven- 
tion hall  shall  be  made  by  the  city  council  in  the  manner  provided  by 
law.  All  warrants  upon  which  any  portion  of  said  funds  is  to  be  paid 
out  shall  bear  the  signature  of  such  official  or  officials  as  may  be  desig- 
nated by  the  city  council. 

§  4.  Payment  of  bonds  and  interest.]  The  city  council  shall, 
in  the  manner  and  at  the  time  or  times  provided  by  law,  by  ordinance 
provide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay  the 
interest  on  such  bonds  as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  thereof  at  the  time  such  principal  falls  due. 

§  5.  Letting  convention  hall  to  assemblage.]  Every  such 
city  which  shall  acquire  and  own  under  the  provisions  of  this  Act  a 
municipal  convention  hall,  shall  have  power  and  authority  and  such 
power  and  authority  are  hereby  granted  to  license  or  lease  out  all  or 
any  part  of  the  same  to  gatherings  or  assemblages  for  definite  short 
periods  of  time,  upon  such  terms  and  compensation  as  may  be  prescribed 
by  the  city  council  or  as  may  be  determined  by  and  through  ordinances, 
rules  or  regulations  passed  or  prescribed  by  the  city  council. 

§  6.  Free  use  to  inhabitants  and  local  organizations.]  The 
city  council  under  rules  and  regulations  prescribed  by  general  ordinance, 
and  not  otherwise,  may  provide  for  granting  the  free  use  of  such  munici- 
pal convention  hall  to  the  inhabitants  of  such  city  or  to  local  bodies  or 
organizations  existing  within  such  city,  for  civic,  patriotic,  educational, 
charitable  or  political  uses  and  purposes  and  for  historic  celebrations, 
free  amusements,  concerts,  entertainments,  lectures  and  discussions. 

§  7.  City  council  may  pass  ordinances  to  regulate  conven- 
tion hall.]  The  city  council  may  from  time  to  time  establish  by 
ordinance  all  needful  rules  and  regulations  for  the  management  and 
control  of  any  such  municipal  convention  hall.  All  ordinances,  for  the 
violations  of  which  fines  are  imposed,  shall  be  published  in  the  news- 
paper selected  as  the  official  journal  of  the  city,  and  the  same  may  be 
printed  in  book  or  pamphlet  form  in  such  manner  as  the  city  council 
shall  direct,  and  rules  framed  in  conformity  with  such  ordinances  shall 
be  brought  to  the  notice  of  the  public  by  being  posted  in  conspicuous 
places  in  the  convention  hall.  When  such  ordinances  are  printed  in 
book  or  pamphlet  form,  purporting  to  be  published  by  authority  of  the 
city  council,  such  book  or  pamphlet  shall  be  received  as  evidence  of  the 
contents  of  such  ordinances,  and  of  the  passage  and  publication  thereof 
as  of  the  dates  therein  mentioned  in  all  courts  without  further  proof. 

§  8.  Books  of  account.]  Every  city  owning  and  operating  any 
such  municipal  convention  hall  shall  keep  books  of  account  for  such 
convention  hall,  separate  and  distinct  from  other  city  accounts  and  in 


CITJES    AND    VILLAGES.  279 


such  manner  as  to  show  the  true  and  complete  financial  standing  and 
results  of  such  city  ownership  and  operation.  Such  account  shall  be  so 
kept  as  to  show  the  actual  cost  to  such  city  of  maintenance,  extension 
and  improvement;  all  operating  expenses  of  every  description;  if  water 
or  other  service  shall  be  furnished  for  the  use  of  such  convention  hall 
without  charge,  the  accounts  shall  show,  as  nearly  as  possible,  the  value 
of  such  service,  and  also  the  value  of  any  use  or  service  rendered  by  the 
convention  hall  to  the  city  without  charge;  such  accounts  shall  also 
show  reasonable  allowances  for  interest,  depreciation  and  insurance,  and 
also  estimates  of  the  amount  of  taxes  that  would  be  chargeable  against 
such  property  if  owned  by  a  private  corporation.  The  city  council  shall 
cause  to  be  printed  annually  for  public  distribution,  a  report  showing 
the  financial  results,  in  form  as  aforesaid,  of  such  city  ownership  and 
operation.  The  accounts  of  such  convention  hall,  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  convention  hall,  as  the 
city  council  may  prescribe. 

§  9.  Definitions.]  The  following  words  and  phrases  in  this 
Act  shall,  unless  the  same  are  inconsistent  with  the  context,  be  con- 
strued as  follows : 

(1)  The  words  "convention  hall"  or  "municipal  convention  hall" 
shall  be  construed  to  mean  a  municipally  owned  building  or  auditorium 
with  all  necessary  adjuncts  thereto,  used,  licensed  or  leased  out  for 
definite  short  periods  of  time  for  gatherings  or  assemblages  of  people, 
cither  small  or  large,  whether  local,  State,  or  national  in  character. 

(3)  The  words  "municipal  convention  hall  purposes"  shall  be 
construed  to  mean  the  municipal  corporate  purposes  defined  and  desig- 
nated in  this  Act. 

(3)  The  objects  and  purposes  in  this  Act  defined  and  set  forth 
are  hereby  declared  to  be  municipal  corporate  objects  and  purposes. 

§  10.  Act  not  to  be  affected  by  invalidity  of  any  part.]  If 
any  section,  subdivision  or  clause  of  this  Act  is  for  any  reason  held  in- 
valid or  unconstitutional,  such  decision  or  holding  shall  not  affect  the 
validity  of  the  remaining  portions  of  this  Act  which  can  be  given  effect 
without  such  invalid  part. 

Approved  June  28.  1919. 


POWERS  OF  OFFICERS. 

§    1.     Amends    section    1    of    Article    V,  §    1.     Powers. 

Act  of   1872. 

(House  Bill,  No.    299.     Approved  June   28,    1919.) 

Ax  Act  lo  amend  section  1  of  Article  V  of  on  Act  entitled.  "An  Act 
to  provide  for  the  incorporation  of  cities  and  villages,"  approved 
April  JO,  1872,  in  force  July  1.  1812,  as  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  section  1  of  Article  Y  of 


280  CITIES    AND   VILLAGES. 


an  Act  entitled  "An  Act  to  provide  for  the  incorporation  of  cities  and 
village/'  approved  April  10,  1872,  in  force  July  1,  1872,  as  amended, 
be  and  the  same  is  hereby  further  amended  so  as  to  read  as  follows: 

§  1.  The  city  council  in  cities,  and  the  president  and  the  board 
of  trustees  in  villages,  shall  have  the  following  powers : 

First.     To  control  the  finances  and  property  of  the  corporation. 

Second.  To  appropriate  money  for  corporate  purposes  only,  and 
provide  for  payment  of  debts  and  expenses  of  the  corporation. 

Third.  To  levy  and  collect  taxes  for  general  and  special  purposes 
on  real  and  personal  property. 

Fourth.  To  fix  the  amount,  terms  and  manner  of  issuing  and  re- 
voking licenses. 

Fifth.  To  borrow  money  on  the  credit  of  the  corporation  for  cor- 
porate purposes,  and  issue  bonds  therefor,  in  such  amounts  and  form, 
and  on  such  conditions  as  it  shall  prescribe,  but  shall  not  become  in- 
debted in  any  manner  or  for  any  purpose  to  an  amount,  including 
existing  indebtedness,  in  the  aggregate  to  exceed  five  (5)  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the 
last  assessment  for  the  State  and  county  taxes  previous  to  the  incurring 
of  such  indebtedness;  and  before  or  at  the  time  of  incurring  any  in- 
debtedness, shall  provide  for  the  collection  of  a  direct  annual  tax  suf- 
ficient to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay 
and  discharge  the  principal  thereof  within  twenty  years  after  con- 
tracting the  same. 

Sixth.  To  issue  bonds  in  place  of  or  to  supply  means  to  meet 
maturing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh.  To  lay  out,  to  establish,  open,  alter,  widen,  extend,  grade, 
pave  or  otherwise  improve  streets,  alleys,  avenues,  sidewalks,  wharves, 
parks  and  public  grounds,  and  vacate  the  same. 

Eighth.     To  plant  trees  upon  the  same. 

Ninth.     To  regulate  the  use  of  the  same. 

Tenth.  To  prevent  and  remove  encroachments  or  obstructions  upon 
the  same. 

Eleventh.     To  provide  for  the  lighting  of  the  same. 

Twelfth.     To  provide  for  the  cleansing  of  the  same. 

Thirteenth.  To  regulate  the  openings  therein  for  the  laying  of 
gas  or  water  mains  and  pipes,  and  the  building  and  repairing  of  sewers, 
tunnels  and  drains,  and  erecting  gas  lights:  Provided,  however,  that 
any  company  heretofore  organized  under  the  general  laws  of  this  State, 
or  any  association  of  persons  organized  or  which  may  be  hereafter 
organized  for  the  purpose  of  manufacturing  illuminating  gas  to  supply 
cities  or  villages,  or  the  inhabitants  thereof,  with  the  same,  shall  have 
the  right  by  consent  of  the  city  council  (subject  to  existing  rights), 
to  erect  gas  factories  and  lay  down  pipes  in  the  streets  or  alleys 
of  any  city  or  village  in  this  State,  subject  to  such  regulations  as  any 
such  city  or  village  may  by  ordinance  impose. 

Fourteenth.  To  regulate  the  use  of  sidewalks  and  all  structures 
thereunder;  and  to  require  the  owner  or  occupant  of  any  premises  to 
keep  the  sidewalks  in  front  of,  or  along  the  same,  free  from  snow  and 
other  obstruction. 


CITIES   AND   VILLAGES.  281 


Fifteenth.  To  regulate  and  prevent  the  throwing  or  depositing  of 
ashes,  offal,  dirt,  garbage,  or  any  offensive  matter  in,  and  to  prevent 
injury  to,  any  street,  avenue,  alley  or  public  ground. 

Sixteenth.  To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth.  To  regulate  and  prevent  the  use  of  streets,  side- 
walks, and  public  grounds  for  signs,  sign  posts,  awnings,  awning  posts, 
telegraph  poles,  horse  troughs,  racks,  posting  hand  bills  and  advertise- 
ments. 

Eighteenth.  To  regulate  and  prohibit  the  exhibition  or  carrying 
of  banners,  placards,  advertisements  or  hand  bills  in  the  streets  or 
public  grounds,  or  upon  the  sidewalks. 

Nineteenth.  To  regulate  and  prevent  the  flying  of  flags,  banners 
or  signs  across  the  streets  or  from  houses. 

Twentieth.  To  regulate  traffic  and  sales  upon  the  streets,  side- 
walks and  public  places. 

Twenty-first.  To  regulate  the  speed  of  horses  and  other  animals, 
vehicles,  cars  and  locomotives  within  the  limits  of  the  corporation. 

Twenty-second.     To  regulate  the  numbering  of  houses  and  lots. 

Twenty-third.  To  name  and  change  the  name  of  any  street,  ave- 
nue, alley  or  other  public  place. 

Twenty-fourth.  To  permit,  regulate  or  prohibit  the  locating,  con- 
structing or  laying  a  track  of  any  horse  or  electric  raihoad  in  any 
street,  alley  or  public  place;  but  such  permission  shall  not  be  for  a 
longer  time  than  for  twenty  years. 

Twenty-fifth.  To  provide  for  and  change  the  location,  grade  and 
crossing  of  any  railroad. 

Twenty-sixth.  To  require  railroad  companies  to  fence  their  re- 
spective railroads,  or  any  portion  of  the  same,  and  to  construct  cattle 
guards,  crossings  of  streets  and  public  roads,  and  keep  the  same  in 
repair,  within  the  limits  of  the  corporation.  In  case  any  railroad 
company  shall  fail  to  comply  with  any  such  ordinance,  it  shall  be 
liable  for  all  damages  the  owner  of  any  cattle  or  horses  or  other  do- 
mestic animal  may  sustain  by  reason  of  injuries  thereto  while  on  the 
track  of  such  railroad,  in  like  manner  and  extent  as  under  the  general 
laws  of  this  State  relative  to  the  fencing  of  railroads ;  and  actions  to 
recover  such  damages  may  be  instituted  before  any  justice  of  the  peace 
or  other  court  of  competent  jurisdiction. 

Twenty-seventh.  To  require  railroad  companies  to  keep  flagmen 
at  railroad  crossings  of  streets,  and  nrovide  protection  against  injury 
to  persons  and  property  in  the  use  of  such  railroads.  To  compel  such 
railroads  to  raise  or  lower  their  railroad  tracks  to  conform  to  any 
grade  which  may,  at  any  time,  be  established  by  said  city,  and  where 
such  tracks  run  lengthwise  of  any  such  street,  allev  or  highway,  to 
keep  their  railroad  tracks  on  a  level  with  the  street  surface  and  so 
that  such  tracks  may  be  crossed  at  any  place  on  such  street,  allev  or 
highway.  To  compel  and  require  railroad  companies  to  make  and  keep 
open  and  to  keep  in  repair  ditches,  drains,  sewers  and  culverts  along 
and  under  their  railroad  tracks  so  that  filthy  or  stagnant  pools  of  water 


CITIES   AND   VILLAGES. 


cannot  stand  on  their  grounds  or  right  of  way,  and  so  that  the  natural 
drainage  of  adjacent  property  shall  not  be  impeded. 

Twenty-eighth.  To  construct  and  keep  in  repair  bridges,  viaducts 
and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth.  To  construct  and  keep  in  repair  culverts,  drains, 
sewers  and  cesspools  and  to  regulate  the  use  thereof. 

Thirtieth.  To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
channel  of  water  courses. 

Thirty-first.  To  construct  and  keep  in  repair  canals  and  slips  for 
the  accommodation  of  commerce. 

Thirty-second.  To  erect  and  keep  in  repair  public  landing  places, 
wharves,  docks  and  levees. 

Thirty-third.  To  regulate  and  control  the  use  of  public  and  priv- 
ate landing  places,  wharves,  docks  and  levees. 

Thirty-fourth.  To  control  and  regulate  the  anchorage,  moorage 
and  landing  of  all  water  craft  and  their  cargoes  within  the  jurisdiction 
of  the  corporation. 

Thirty-fifth.  To  license,  regulate  and  prohibit  wharf  boats,  tugs 
and  other  boats  used  about  the  harbor,  or  within  such  jurisdiction. 

Thirty-sixth.     To  fix  the  rate  of  wharfage  and  dockage. 

Thirty-seventh.  To  collect  wharfage  and  dockage  from  all  boats, 
rafts  or  other  craft  landing  at  or  using  any  public  landing  place,  wharf, 
dock  or  levee  within  the  limits  of  the  corporation. 

Thirty-eighth.  To  make  regulations  in  regard  to  use  of  harbors, 
+owins;  of  vessels,   opening  and  passing  of  bridges.  . 

Thirty-ninth.     To  appoint  harbor  masters  and  define  their  duties. 

Fortieth.  To  provide  for  the  cleansing  and  purification  of  waters, 
watercourses  and  canals,  and  the  draining  or  filing  of  ponds  on  private 
property,  whenever  necessary  to  prevent  or  abate  nuisances. 

Forty-first.  To  license,  tax,  regulate,  suppress  and  prohibit  hawk- 
ers, peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatricals  and  other 
exhibitions,  shows  and  amusements,  and  to  revoke  such  license  at 
pleasure. 

Forty-second.  To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen  and  all  others 
pursuing  like  occupations,  and  to  prescribe  their  compensation. 

Forty-third.  To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Fortv-fourth.  To  license,  regulate,  tax  or  prohibit  and  suppress 
billiard,  bagatelle,  pigeon-hole  or  any  other  tables  or  implements  kept 
or  used  for  a  similar  purpose  in  any  place  of  public  resort,  pin  alle}rs 
and  ball  alleys. 

Forty-fifth.  To  suppress  bawdy  and  disorderly  houses;  houses  of 
ill-fame  or  assignation,  within  the  limits  of  the  citv  and  within  three 
miles  of  the  outer  boundaries  of  the  city;  and  also  to  suppress  gaming 
and  gambling  houses,  lotteries,  and  all  fraudulent  devices  and  practices 
for  the  purpose  of  gaining  or  obtaining  money  or  property;  and  to 
prohibit  the  sale  or  exhibition  of  obscene  or  immoral  publications, 
prints,  pictures  or  illustrations. 


CITIES    AN!)    VILLAGES.  283 


Forty-sixth.  To  license,  regulate  and  prohibit  the  selling  or  giv- 
ing away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquor, 
the  license  not  to  extend  beyond  the  municipal  year  in  which  it  shall 
be  granted,  and  to  determine  the  amount  to  be  paid  for  such  license: 
Provided,  that  the  city  council  in  cities,  or  presidents  and  boards  of 
trustees  in  villages,  may  grant  permits  to  druggists  for  the  sale  of 
liquors  for  medicinal,  mechanical,  sacramental  and  chemical  purposes 
only,  subject  to  forfeiture,  and  under  such  restrictions  and  regulations 
as  may  be  provided  by  ordinance :  Provided,  further,  that  in  granting 
licenses,  such  corporate  authorities  shall  comply  with  whatever  general 
law  of  the  State  may  be  in  force  relative  to  the  granting  of  licenses. 

Forty-seventh.  The  foregoing  shall  not  be  construed  to  affect  the 
provisions  of  the  charter  of  any  literary  institution  heretofore  granted. 

Forty-eighth.  And  the  city  council  in  cities,  and  president  and 
board  of  trustees  in  villages,  shall  also  have  the  power  to  forbid  and 
punish  the  selling  or  giving  away  of  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquor  to  any  minor,  apprentice  or  servant,  or  in- 
sane, idiotic  or  distracted  person,  habitual  drunkard,  or  person  intoxi- 
cated. 

Forty-ninth.  To  establish  markets  and  market-houses,  and  pro- 
vide for  the  regulation  and  use  thereof. 

Fiftieth.  To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide  for 
place  and  manner  of  selling  the  same  and  to  control  the  location  thereof. 

Fifty-first.     To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second.  To  regulate  the  sale  of  bread  in  the  city  or  village; 
prescribe  the  weight  and  quality  of  bread  in  the  loaf. 

Fifty-third.  To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour,  meal 
and  other  provisions. 

Fifty-fourth.  To  regulate  the  inspection,  weighing  and  measur-' 
ing  of  brick,  lumber,  firewood,  coal,  hay,  and  any  article  of  merchandise. 

Fifty-fifth.  To  provide  for  the  inspection  and  sealing  of  weights 
and  measures. 

Fifty-sixth.  To  enforce  the  keeping  and  use  of  proper  weights 
and   measures  by  vendors. 

Fifty-seventh.  To  regulate  the  construction,  repairs,  and  use  cf 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eight.     To  regulate  places  of  amusement. 

Fifty-ninth.  To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth.     To  regulate  partition  fences  and  party  walls. 

Sixty-first.  To  prescribe  the  thickness,  strength,  and  manner  of 
constructing  stone,  brick  and  other  buildings  and  constniction  of  fire 
escapes  therein. 

Sixty-second.  The  city  council,  and  the  president  and  trustees  in 
villages,  for  the  purpose  of  guarding  against  the  calamities  nf  fire,  shall 
have  power  to  prescribe  the  limits  within  which  wooden  buildings  shall 
not  be  erected  or  placed,  or  repaired,  without  permission,  and  to  direct 
that  all  and  any  buildings  within  the  fire  limits,  when  the  same  shall 


281  CITIES    AND    VILLAGES. 


have  been  damaged  by  fire,  decay  or  otherwise,  to  the  extent  of  fifty 
per  cent  of  the  value,  shall  be  torn  clown  or  removed  and  to  prescribe 
the  manner  of  ascertaining  such  damage. 

Sixty-third.  To  prevent  the  dangerous  construction  and  condition 
of  chimneys,  fireplaces,  hearths,  stoves,  stove-pipes,  ovens,  boilers,  and 
apparatus  used  in  and  about  any  building  and  manufactory,  and  to 
cause  the  same  to  be  removed  or  placed  in  a  safe  condition,  when  con- 
sidered dangerous;  to  regulate  and  prevent  the  carrying  on  of  manu- 
factories dangerous  in  causing  and  promoting  fires;  to  prevent  the 
dejDosit  of  ashes  in  unsafe  places,  and  to  cause  all  such  buildings 
and  enclosures  as  may  be  in  a  dangerous  state  to  be  put  in  a  safe 
condition. 

Sixty-fourth.  To  erect  engine  houses,  and  provide  fire  engines, 
hose  carts,  hooks  and  ladders,  and  other  implements  for  prevention 
and  extinguishment  of  fires,  and  provide  for  the  use  and  management 
of  the  same  by  voluntary  fire  companies  or  otherwise. 

'Sixty-fifth.  To  regulate  and  prevent  storage  of  gunpowder,  tar, 
pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitroglycerine, 
petroleum,  or  any  of  the  products  thereof,  and  other  combustible  or 
explosive  material,  and  the  use  of  lights  in  stables,  shops  and  other 
places,  and  the  building  of  bon-fires;  also  to  regulate,  restrain  and  pro- 
hibit the  use  of  fireworks,  firecrackers,  torpedoes,  Eoman  candles,  sky- 
rockets, and  other  pyrotechnic  displays. 

Sixty-sixth.  To  regulate  the  police  of  the  city  or  village  and  pass 
and  enforce  all  necessary  police  ordinances. 

Sixty-seventh.     To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth.  To  prescribe  the  duties  and  powers  of  a  superin- 
tendent of  police,  policemen  and  watchmen. 

Sixty-ninth.  To  establish  and  erect  calabooses,  bridewells,  bouses 
of  correction  and  workhouses  for  the  reformation  and  confinement  of 
vagrants,  idle  and  disorderly  persons,  and  persons  convicted  of  violat- 
ing any  city  or  village  ordinance,  and  make  rules  and  regulations  for 
the  government  of  the  same,  and  appoint  necessary  keepers  and  as- 
sistants. 

Seventieth.  To  use  the  county  jail  for  the  confinement  or  pun- 
ishment of  offenders,  subject  to  such  conditions  as  are  imposed  by  law, 
and  with  the  consent  of  the  county  board. 

Seventy-first.  To  provide  by  ordinance  in  regard  to  the  relation 
between  all  the  officers  and  employees  of  the  corporation  in  respect  to 
each  other,  the  corporation  and  the  people. 

Seventy-second.  To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderlv  assemblies  in  any  public  or  private  place. 

Seventy-third.     To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth.  To  restrain  and  punish  vagrants,  mendicants  and 
prostitutes. 

Seventy-fifth.  To  declare  what  shall  be  a  nuisance,  and  to  abate 
the  same :  and  to  impose  fines  upon  parties  who  may  create,  continue 
or  suffer  nuisances  to  exist. 

Seventv-sixth.  To  appoint  a  board  of  health,  and  prescribe  its 
powers  and  duties. 


CJTIES   AND    VILLAGES.    -  285 


Seventy-seventh.  To  erect  and  establish  hospitals  ami  medical 
dispensaries  and  to  regulate  hospitals,  medical  dispensaries,  sanatoria 
and  undertaking  establishments,  and  to  direct  the  location  thereof. 

Seventy-eighth.  To  do  all  acts,  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health  or  the  suppres- 
sion of  disease. 

Seventy-ninth.  To  establish  and  regulate  cemeteries  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  purchase  or 
otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit  their  es- 
tablishment within  one  mile  of  the  corporation. 

Eightieth.  To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs  and  to  im- 
pose a  tax  on  dogs. 

Eighty-first.  To  direct  the  location  and  regulate  the  management 
and  construction  of  packing  houses,  renderies,  tallow  chandleries,  bone 
factories,  soap  factories,  and  tanneries,  within  the  limits  of  the  city  or 
village,  and  within  the  distance  of  one  mile  without  the  city  or  village 
limits. 

Eighty-second.  To  control  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery,  boarding  or  sale  stables, 
wagon  repair  shops,  blacksmith  shops,  foundries,  machine  shops,  public 
garages,  private  garages  and  stables  designed  for  the  use  of  five  or  more 
vehicles,  hangars,  laundries,  bathing  beaches,  brick  yards,  planing  mills, 
flour  mills,  box  factories,  'lead  factories,  steel  factories,  iron  factories, 
ice  plants,  either  for  the  manufacturing  or  storing  of  ice,  factories  or  other 
manufacturing  establishments  using  machinery  or  emitting  offensive  or 
noxious  fumes,  odors,  or  noises,  and  storage  warehouses,  within  the 
limits  of  the  city  or  village;  provided  that  this  clause  shall  not  be 
construed  to  require  the  removal  of  any  of  the  above  enumerated  build- 
ings from  any  location  which  they  may  lawfully  occupy  at  the  time 
of  the  passage  of  any  ordinance  hereunder. 

Eighty-third.  To  prohibit  any  offensive  or  unwholesome  busi- 
ness or  establishment  within  or  within  one  mile  of  the  limits  of  the 
corporation. 

Eighty-fourth.  To  compel  the  owner  of  any  grocery,  cellar,  soap 
or  tallow  chandlery,  tannery,  stable,  pigsty,  privy,  sewer  or  other  un- 
wholesome or  nauseous  house  or  place,  to  cleanse,  abate  or  remove  the 
same,  and  to  regulate  the  location  thereof. 

Eighty-fifth.  The  city  council,  or  trustees  of  a  village,  shall  have 
] tower  to  provide  for  the  taking  of  the  city  or  village  census;  but  no  city 
or  village  census  shall  be  taken  by  authority  of  the  council  or  trustees 
oftener  than  once  in  three  years. 

Eighty-sixth.  To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty-seventh.  To  establish  ferries,  toll  bridges  and  license  and 
regulate  the  same,  and  from  time  to  time  to  fix  tolls  thereon. 

Eighty-eighth.  To  authorize  the  construction  of  mills,  mill-races, 
and  feeders  on.  through  or  across  the  streets  of  the  city  or  village,  at 
such  places  and  under  such  restrictions  as  they,  shall  deem  proper. 


186  CITIES    AND   VILLAGES. 


Eighty-ninth.  The  city  council  shall  have  power,  by  condemna- 
tion or  otherwise,  to  extend  any  street,  alley  or  highway  over  or  across, 
or  to  construct  any  sewer  under  or  through  any  railroad  track,  right 
of  way  or  land  of  any  railroad  company  (wi.thin  the  corporate  limits)  ; 
but  where  no  compensation  is  made  to  such  railroad  company  the  city 
shall  restore  such  railroad  track,  right  of  way  or  land  to  its  former 
state,  or  in  a  sufficient  manner  not  to  have  impaired  its  usefulness. 

Ninetieth.  The  city  council  or  board  of  trustees  shall  have  no 
power  to  grant  the  use  of  or  the  right  to  lay  down  any  railroad  tracks 
in  any  street  of  the  city  to  any  steam,  dummy,  electric,  cable,  horse  or 
other  railroad  company,  whether  the  same  shall  be  incorporated  under 
any  general  or  special  law  of.  the  State,  now  or  hereafter  in  force,  ex- 
cept upon  the  petition  of  the  owners  of  the  land  representing  more 
than  one-half  of  the  frontage  of  the  street,  or  so  much  thereof  as  is 
sought  to  be  used  for  railroad  purposes,  and  when  the  street  or  part 
thereof  sought  to  be  used  shall  be  more  than  one  mile  in  extent,  no 
petition  of  land  owners  shall  be  valid  unless  the  same  shall  be  signed 
by  the  owners  of  the  land  representing  more  than  one-half  of  the  front- 
age of  each  mile  and  of  the  fraction  of  a  mile,  if  any,  in  excess  of  the 
whole  miles,  measuring  from  the  initial  point  named  in  such  petition, 
of  such  street  or  of  the  part  thereof  sought  to  be  used  for  railroad 
purposes. 

Ninety-first.  To  tax,  license  and  regulate  auctioneers,  distillers, 
breweries,  lumber  yards,  livery  stables,  public  scales,  ice  cream  parlor, 
[parlors]  coffee  houses,  detective  agencies,  private  detectives,  money 
changers  and  brokers. 

Ninety-second.  To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or  practice 
having  a  tendency  to  annoy  persons  passing  in  the  streets  or  on  the 
sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third.  To  regulate  and  prohibit  the  keeping  of  any  lum- 
ber or  coal  yard,  and  the  placing  or  piling  or  selling  any  lumber,  tim- 
ber, wood,  coal,  or  other  combustile  material  within  the  limits  of  the 
city  or  village;  Provided,  that  this  clause  shall  not  be  construed  to  re- 
quire the  removal  of  any  lumber  or  coal  yard  from  any  location  which 
it  lawfully  occupies  at  the  time  of  the  passage  of  any  ordinance  here- 
under. 

Ninety-fourth.  To  provide  by  ordinance,  that  all  the  paper,  print- 
ing, stationery,  blanks,  fuel,  and  all  the  supplies  needed  for  the  use 
of  the  city,  shall  be  furnished  by  contract,  let  to  the  lowest  bidder. 

Ninety-fifth.  To  tax,  license  and  regulate  second-hand  and  junk 
.stores  and  yards,  and  to  forbid  their  purchasing  or  receiving  from 
minors  without  the  written  consent  of  their  parents  or  guardians,  any 
article  whatsoever,  and  to  direct  the  location  thereof. 

Ninety-sixth.  To  direct,  license  and  control  all  wagons  and  other 
vehicles  conveying  loads  within  the  city,  or  any  particular  class  of 
such  wagons,  and  other  vehicles,  and  prescribe  the  width  and  tire  of 
the  same,  the  license  fee  Avhen  collected  to  be  kept  as  a  separate  fund 
and  used  only  for  paying  the  cost  and  expense  of  street  or  ally  im- 
provement or  repair. 


CIVIL  SERVICE,  28? 


Ninety-seventh.  To  acquire,  in  the  manner  now  or  hereafter  pro- 
vided by  law  for  the  taking  of  private  property  for  public  use,  private 
lands  bordering  upon  the  public  or  navigable  waters,  useful,  desirable 
or  advantageous  for  bathing  beaches  and  recreation  piers. 

Ninety-eighth.  To  pass  all  ordinances,  rules,  and  make  all  regula- 
tions, proper  or  necessary,  to  carry  into  effect  the  powers  granted  to 
cities  or  villages,  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  imprisonment  shall  exceed  six  months  for  one 
offense. 

Approved  June  28,  1919. 


CIVIL  SERVICE. 


CITIES. 

§    1.     Amends  section  10%.  Act  of  1895.        §    2.     Emergency. 

§   101/*.     Persons    preferred    re- 
appointments. 

(House  Bill  No.   6.     Approved  June  28,   1919.) 

An  Act  to  amend  section  10y2  of  an  Act  entitled:  "An  Act  to  regulate 
the  civil  service  of  cities,"  approved  and  in  force  March  20,  1895,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  10%  of  an  Act 
entitled :  "An  Act  to  regulate  the  civil  service  of  cities/'  approved  and 
in  force  March  20,  1895,  as  amended,  is  hereby  amended  'to  read  as 
follows : 

§  10^2-  Persons  who  were  engaged  in  the  military,  or  naval 
service  of  the  United  States  during  the  years  1861,  1862,  *1863,  1864. 
1865,  1898,  1899,  1900,  1901,  1902,  1914,  1915,  1916,  1917,  1918  or 
1919,  and  who  were  honorably  discharged  therefrom,  and  all  persons 
who  were  engaged  in  such  military  or  naval  service  during  any  of  said 
years,  who  are  now  or  may  hereafter  be  on  inactive  or  reserve  duty  in 
such  military  or  naval  service,  not  including,  however,  persons  who  were 
convicted  by  court-martial  of  disobedience  of  orders,  Avhere  such  dis- 
obedience consisted  in  the  refusal  to  perform  military  service  on  the 
ground  of  alleged  religious  or  conscientious  objections  against  war,  shall 
be  preferred  for  appointments  to  civil  offices,  provided  they  are  found  to 
possess  the  business  capacity  necessary  for  the  proper  discharge  of  the 
duties  of  such  office,  and  it  shall  be  the  duty  of  the  examiner  or  com- 
missioner certifying  the  list  of  eligibles  who  have  taken  the  examinations 
provided  for  in  this  Act,  to  place  the  name  or  names  of  such  persons 
at  the  head  of  the  list  of  eligibles  certified  for  appointment,  provided, 
however,  that  this  shall  not  apply  to  promotions  provided  for  in  section 
9  hereof,  but  in  such  promotions  such  person  or  persons  shall  be  given 
an  additional  credit  in  the  promotional  examination  of  one  per  cent 
(1%)  (on  the  basis  of  100%)  for  each  six  months  or  fraction  thereof 
of  such  military  or  naval  service;  and.  provided,  further  that  such  addi- 


288  CIVIL   SEEVICE. 


tioiial  credit  shall  not  be  computed  so  as  to  increase  or  decrease  the 
rating  allotted  to  any  person  competing  in  such  examination  for  ascer- 
tained merits  (efficiency)  or  seniority  in  service.  And  provided  fur- 
ther, that  no  person  shall  be  given  such  additional  credits  in  the  pro- 
motional examination  for  more  than  eighteen  months  of  such  military  or 
naval  service.) 

§  2.  Because  of  an  emergency,  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage  and  approval. 

Appeoved  June  28,  1919. 


CITIES — ACT  OF  1915  AMENDED. 

§    1.     Amends    section    18,    Act    of    1915.  §   18.     Salaries    of    commis- 

sioners. 

(House  Bill  No.    699.     Approved  June  2  8,    1919.) 

An  Act  to  amend  section  18  of  an  Act  entitled,  "An  Act  to  regulate  the 
civil  service  of  cities"  approved  and  in  force  March  20,  1895,  as 
amended  by  an  Act  approved  June  13,  1895,  and  in  force  July  1, 
1895,  as  amended  by  an  Act  approved  June  22,  1915,  and  in  force 
July  1,  1915. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  18  of  an  Act  en- 
titled, "An  Act  to  regulate  the  civil  service  of  cities,"  approved  and  in 
force  March  20,  1895,  as  amended  by  an  Act  approved  June  13,  1895, 
and  in  force  July  1,  1895,  as  amended  by  an  Act  approved  June  22, 
1915,  and  in  force  July  1,  1915,  be  amended  to  read  as  follows: 

§  18.  In  cities  having  a  population  of  one  hundred  thousand  in- 
habitants or  more,  the  president  of  said  commission  shall  receive  a  salary 
of  seven  thousand  five  hundred  dollars  a  year,  each  of  the  other  members 
of  said  commission  shall  receive  a  salary  of  five  thousand  dollars  a  year, 
and  the  chief  examiner  of  said  commission  shall  receive  a  salary  of  four 
thousand  five  hundred  dollars  a  year.  Any  person  not  at  the  time  in  the 
official  service  of  the  city,  serving  as  a  member  of  the  board  of  examiners 
or  of  a  trial  board,  shall  receive  compensation  for  every  day  actually 
and  necessarily  spent  in  the  discharge  of  his  duty  as  an  examiner  or  a 
member  of  the  trial  board  at  the  rate  of  not  exceeding  seven  dollars  per 
day,  and  said  commission  may,  in  such  city,  also  incur  expenses  not 
exceeding  the  amount  appropriated  therefor  by  the  city  council  of  the 
city  wherein  said  commission  exists.  In  cities  having  a  population  of 
less  than  one  hundred  thousand  inhabitants  such  commissioners  shall 
receive  an  annual  salary,  and  the  chief  examiner  shall  receive  an  annual 
salary  to  be  fixed  by  the  city  council  of  such  cities.  In  cities  having 
a  population  of  less  than  one  hundred  thousand  inhabitants,  any  person 
not  at  the  time  in  the  official  service  of  the  city,  serving  as  a  member  of 
the  board  of  examiners  or  of  a  trial  board  shall  receive  compensation  for 
every  day  actually  and  necessarily  spent  in  the  discharge  of  his  duty  as 
an  examiner  or  member  of  the  trial  board  at  the  rate  per  day  to  be  fixed 
by  the  city  council  of  such  cities,  and  said  commission  may,  in  such 
cities  also  incur  expenses  not  exceeding  the  amount  appropriated  there- 
for bv  the  city  council  wherein  said  commission  exists. 


CIVIL   SERVICE.  289 


Provided,  that  in  cities  having  the  commission  form  of  government 
the  appointment  of  civil  service  commissioners  shall  be  made  by  the  city 
council. 

Approved  June  28,  1919. 


COOK  COUNTY — AMENDS  ACT  OF  1893. 

§    1.     Amends    subdivisions    10,    27    a*nd  (27)      Salaries    and    expenses. 

28   of   section   6,   Act   of    189  3. 

(28)      Appropriations. 
(10)      Civil     service     commis- 
sion. 

(Senate  Bill  No.    193.     Filed  June  20,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  the  election  of  county  commissioners  in  Cook  County  and  to  fix 
their  term  of  office,"  approved  June  15,  1893,  in  force  July  1,  1893, 
as  subsequently  amended,  by  amending  the  sections  designated  in  the 
law  as  "Tenth — Civil  Service  Commission,"  and  "Twenty-seventh — 
Salaries  and  Wages,"  and  "Twenty-eighth — Appropriation,"  being  the 
tenth,  twenty-seventh  and  twenty-eighth  subdivisions  of  the  section 
designated  as  61,  but  which  is  the  6th  section  of  the  Act. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  the  election  of  county  commissioners  in 
Cook  County  and  to  fix  their  term  of  office,"  approved  June  15,  1893,  in 
force  July  1,  1893,  as  subsequently  amended,  be  and  the  same  is  hereby 
amended  by  amending  the  sections  designated  in  the  law  as  "Tenth — 
Civil  Service  Commission,"  and  "Twenty-seventh — Salaries  and  Wages," 
and  "Twenty-eighth — Appropriation,"  being  the  tenth  and  twenty- 
seventh  and  twenty-eighth  subdivisions  of  the  section  designated  as  61, 
but  which  is  the  6th  section  of  the  Act,  to  read  as  follows : 

Tenth — Civil  service  commission.]  The  president  of  the  county 
board  shall,  at  the  first  regular  meeting  after  the  first  day  of  July,  A.  D. 
1919,  appoint  three  persons,  who  shall  constitute  and  be  known  as  the  civil 
service  commission  of  said  county;  one  for  a  term  ending  on  June  30, 
1920 ;  one  for  a  term  ending  on  June  30,  1921,  and  one  ending  on  June 
30,  1922,  and  until  their  respective  successors  are  appointed  and  quali- 
fied. And  at  the  respective  dates  above  named,  or  soon  thereafter,  the 
president  shall  in  like  manner  appoint  one  person  as  the  successor,  or  a 
commissioner  whose  term  shall  then  expire,  to.  serve  as  a  commissioner 
for  three  years,  and  until  his  successor  is  in  like  manner  appointed  and 
qualified.  Two  commissioners  shall  constitute  a  quorum.  All  appoint- 
ments to  such  commission,  both  original  and  to  fill  vacancies,  shall  be 
so  made  that  not  more  than  two  members  shall  at  the  time  of  appoint- 
ment be  members  of  the  same  political  party.  Said  commissioners  shall 
hold  no  other  salaried  office  or  employment  under  the  United  States,  the 
State  of  Illinois,  or  any  municipal  corporation  or  political  division 
thereof.  Each  commissioner,  before  entering  upon  the  duties  of  his 
office,  shall  take  the  oath  prescribed  by  the  Constitution  of  this  State. 

—19  L 


290  CIVIL   SEEVICE. 


Twenty-seventh — Salaeies  and  expenses.]  Each  of  said  civil 
service  commissioners  shall  receive  a  sa]ary  of  not  to  exceed  three  thou- 
sand ($3,000)  dollars  a  year,  and  to  be  fixed  by  the  county  board,  and 
said  commission  may  also  incur  necessary  expenses  for  printing,  sta- 
tionery and  other  incidental  matters. 

Twenty-eighth — Appeopeiations.]  A  sufficient  sum  of  money 
shall  be  appropriated  each  year  by  said  board  to  carry  out  the  provisions 
of  this  Act  in  said  county.  If  the  board  shall  have  already  made  the 
annual  appropriation  for  county  purposes  for  the  fiscal  year  current  with 
this  amendment,  the  board  is  authorized  and  required  to  pay  the  salaries 
and  expenses  of  the  civil  service  commission  for  such  fiscal  year  out  of 
the  moneys  appropriated  for  contingent  purposes  by  said  board. 

Filed  June  30,  1919. 


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  thirtieth  day  of  June,  A.  D.   1919. 

Louis  L.  Emmeeson,  Secretary  of  State. 


PARKS — ACT  OP  1911  AMENDED. 

§    1.     Amends   section   29a,   Act  of   1911.  §   29a.     Preference     given     cer- 

tain persons. 

(Senate  Bill  No.    4.     Approved  June   28,   1919.) 

An  Act-  to  amend  section  29a  of  an  Act  entitled,  "An  Act  relating  to 
the  civil  service  in  parte  systems"  approved  June  10,  1911,  in  force 
July  1,  1911,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  29a  of  an  Act  en- 
titled, "An  Act  relating  to  the  civil  service  in  park  systems,"  approved 
June  10,  1911,  in  force  July  1,  1911,  as  amended,  is  hereby  amended 
to  read  as  follows: 

§  29a.  Persons  who  were  engaged  in  the  military  or  naval  service 
of  the  United  States  during  the  years  1861,  1862,  1863,  1864,  1865, 
1898,  1899,  1900,  1901,  1902,  1914,  1915,  1916,  1917,  1918  or  1919,  and 
who  were  honorably  discharged  therefrom,  and  all  persons  who  Avere 
engaged  in  such  military  or  naval  service  during  any  of  said  }rears, 
who  are  now  or  may  hereafter  be  on  inactive  or  reserve  duty  in  such 
military  or  naval  service,  and  also  all  persons  who  are  citizens  of  Illi- 
nois, who,  during  the  World  War,  were  engaged  in  the  military  or  naval 
service  of  the  allies  of  the  United  States,  who  were  honorably  dis- 
charged therefrom,  not  including,  however,  persons  who  were  convicted 
by  court-martial  of  disobedience  of  orders,  where  such  disobedience  con- 
sisted in  the  refusal  to  perform  military  service  on  the  ground  of 
alleged  religious  or  conscientious  objections  against  war,  shall  be  pre- 
ferred for  appointment  to  civil  offices  provided  they  are  found  to 
possess  the  business  capacity  necessary  for  the  proper  discharge  of  the 
duties  of  such  office,  and  it  shall  be  the  duty  of  the  examiner  or  com- 
missioner certifying  the  list  of  eligibles,  who  have  taken  the  examina- 
tions provided  for  in  this  Act,  to  place  the  name  or  names  of  such 
persons  at  the  head  of  the  list  of  eligibles  certified  for  appointment. 

Appeoved  June  28,  1919. 


CIVIL    SERVICE.  291 


STATE — ACT  OF  1905  AMENDED. 

§    1.     Amends    section    11,    Act    of    1905.  §   11.     Classified     service — what 

officers   and    employees 
exempt. 

(Senate  Bill  No.  495.     Approved  June  23,   1919.) 

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

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  11  of  an  Act  en- 
titled, "An  Act  to  regulate  the  civil  service  of  the  State  of  Illinois," 
approved  May  11,  1905,  in  force  July  1,  1905,  as  subsequently  amended, 
be  and  the  same  is  hereby  amended  to  read  as  follows : 

§  11.  The  following  officers,  positions,  and  places  of  employment 
shall  be  exempt  from  the  classified  civil  service  of  the  State : 

(1)  All  officers  elected  by  the  people. 

(2)  All  judges  and  officers  appointed  by  judges  of  any  court, 
clerks  of  court,  all  officers  and  employees  of  the  General  Assembly  or 
either  house  thereof,  and  notaries  public. 

(3)  All  offices,  positions  and  places  of  employment  in  the  military 
service  of  the  State. 

(4)  All  notaries  public. 

(5)  All  officers  appointed  by  the  Governor  by  and  with  the  advice 
and  consent  of  the  Senate. 

(6)  One  private  secretary  and  one  stenographer  for  each  elective 
officer  in  the  executive  department,  and  one  private  secretary  for  each 
director  of  a  department  created  by  the  Civil  Administrative  Code  of 
Illinois,  for  the  president  of  each  State  normal  school  and  for  the 
president  and  each  dean  of  the  University  of  Illinois. 

(7)  All  regular  and  special  Assistants  Attorneys  General,  all  law 
clerks,  special  investigators  and  all  special  attorneys  employed  by  the 
Attorney  General,  including  the  inheritance  tax  attorney  of  Cook 
County  and  assistant  inheritance  tax  attorneys  of  Cook  County. 

(8)  All  presidents,  deans,  principals,  professors,  instructors, 
scientific  staff  and  other  teachers  of  the  University  of  Illinois  and  of  the 
State  normal  schools. 

(9)  All  employees  at  the  executive  mansion. 

(10)  The  superintendent  and  assistant  superintendent  of  capitol 
building  and  grounds. 

(11)  All  bank  examiners,  examiners  of  building  and  loan  associa- 
tions, insurance  actuaries  and  examiners  of  insurance  companies. 

(12)  All  superintendents,  wardens  and  chaplains  in  the  State 
charitable,  penal  and  correctional  institutions. 

(13)  All  regularly  licensed  veterinary  surgeons  employed  by  or 
under  the  supervision  of  the  Department  of  Agriculture. 

(14)  All  clerks,  watchmen  and  policemen  employed  in  the  offices 
of  the  elective  officers  in  the  executive  department  and  the  office  of  the 
Clerk  of  the  Supreme  Court. 


2U2  CIVIL   SEEVICE. 


In  the  University  of  Illinois  and  in  the  State  normal  schools, 
students  may  be  employed  under  the  rules  of  the  Civil  Service  Commis- 
sion without  examination  or  certification. 

Appeoved  June  23,  1919. 


STATE — ACT  OF  1905  AMENDED. 

§   1.     Amends    section    10,    Act    of    1905.        §   2.     Emergency. 

§   10.     Preference    given    certain 
persons. 

(House  Bill  No.   674.     Approved  June' 28,  1919.) 

An  Act  to  amend  section  10  of  an  Act  entitled:  "An  Act  to  regulate 
the  civil  service  of  the  State  of  Illinois/'  approved  May  11,  1905,  in 
force  November  1,  1905,  as  amended. 

Section  1.  Be  it  anacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  10  of  an  Act  en- 
titled: "An  Act  to  regulate  the  civil  service  of  the  State  of  Illinois," 
approved  May  11,  1905,  in  force  ISTovember  1,  1905,  as  amended,  is 
hereby  amended  to  read  as  follows: 

§  10.  Whenever  a  position  classified  under  this  Act  is  to  be  filled, 
the  appointing  officer  shall  make  requisition  upon  said  commission,  and 
the  commission  shall  certify  to  him  the  name  and  address  of  the  candi- 
date standing  highest  upon  the  register  of  eligibles  for  said  position,  ex- 
cept that  in  case  of  laborers,  when  a  choice  by  competition  is  impractic- 
able, said  commission  may  provide  by  its  rules  that  the  selection  shall  be 
made  by  lot  from  among  those  candidates  proved  fit  by  examination.  The 
appointing  officer  shall  notify  the  commission  of  each  position  to  be 
filled  separately  and  shall  fill  such  position  by  the  appointment  of  the 
person  certified  to  him  by  said  commission  therefor,  which  appoint- 
ment shall  be  on  probation  for  a  period  not  more  than  three  months, 
to  be  fixed  by  said  rules.  At  any  tin*  during  the  period  of  probation, 
the  appointing  officer  may  discharge  a  person  so  certified  and  shall 
forthwith  notify  the  commission,  in  writing,  of  such  discharge.  If 
such  person  is  not  thus  discharged,  his  appointment  shall  be  deemed 
complete. 

Persons  who  were  engaged  in  the  military  or  naval  service  of  the 
United  States  during  the  years  1861,  1862,  1863,  1864  and  1865.  1898, 
1899,  1900,  1901  and  1902,  1914,  1915,  1916,  1917,  1918  or  1919,  and 
who  were  honorably  discharged  therefrom,  and  all  persons  who  were  en- 
gaged in  such  military  or  naval  service  during  any  of  said  years,  who 
are  now  or  may  hereafter  be  on  inactive  or  reserve  duty  in  such  mili- 
tary or  naval  service,  not  including,  however,  persons  who  were  con- 
victed by  court-martial  of  disobedience  of  orders,  where  such  disobe- 
dience consisted  in  the  refusal  to  perform  military  service  on  the 
ground  of  alleged  religious  or  conscientious  objections  against  war  shall 
be  preferred  for  appointment  to  civil  offices,  provided  they  are  found 
to  possess  the  business  capacity  necessary  for  the  proper  discharge  of 
the  duties  of  such  office,  and  it  shall  be  the  duty  of  the  examiner  or 
commissioner  certifying  the  list  of  eligibles  who  have  taken  the  exam- 
inations provided  for  in  this  Act,  to  place  the  name  or  names  of  such 


CORONERS.  •  293 


persons  at  the  head  of  the  list  of  eligibles  to  be  certified  for  appointment. 

When  there  is  no  eligible  list,  the  appointing  officer  may,  with  the 
authority  of  the  commission,  make  temporary  appointments  to  remain 
in  force  only  until  regular  appointments  under  the  provisions  of  this 
Act  can  be  made. 

In  employment  of  an  essentially  temporary  and  transitory  na- 
ture, the  appointing  officer  may,  with  the  authority  of  the  commission, 
make  temporary  aooointments  to  fill  a  vacancy,  but  no  such  authority 
shall  be  granted  for  a  period  of  more  than  thirty  days,  but  it  may  be 
renewed  from  time  to  time  by  the  commission.  The  commission  shall 
include  in  its  annual  report,  and  if  thereto  required  by  the  Governor, 
in  any  special  report,  a  statement  of  all  temporary  authorities  granted 
or  renewed  during  the  year  or  period  specified  by  the  Governor,  to- 
gether with  a  statement  of  the  facts  in  each  case  because  of  which  such 
authority  was  granted. 

The  acceptance  or  refusal  hy  an  eligible  person  of  a  temporary  ap- 
pointment shall  not  affect  the  standing  on  the  register  for  permanent 
appointment. 

§  2.  Because  of  an  emergency,  this  Act  shall  he  in  full  force  and 
effect  from  and  after  its  passage  and  approval. 

Approved  June  28,  1919. 


COEONEES. 


CORONERS. 

§   1.     Amends  section  18,  Act  of  1874.  §   18.  ,  Testimony    of    witnesses. 

(Senate  Bill  No.  504.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  coroners,"  approved  February  6,  187  If,  in  force  July  1,  187 If,  and 
Acts  amendatory  thereof,  by  amending  section  eighteen  (IS)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  coroners,"  be  and  the  same  is  hereby 
amended  by  amending  section  eighteen  (18)  thereof  to  read  as  follows: 

§  18.  The  coroner  shall  cause  the  testimony  of  each  witness  who 
may  be  sworn  and  examined  at  any  inquest  to  be  written  out  and  signed 
by  said  witness,  together  with  his  occupation  and  place  of  residence, 
which  testimony  shall  be  filed  with  said  coroner  in  his  office  and  care- 
fully preserved :  Provided,  the  coroner  may  cause  the  testimony  of 
such  witnesses  to  be  taken  in  shorthand  minutes  and  transcribed  by  a 
competent  person,  who  shall  certify  that  the  transcript  of  the  evidence 
so  taken  and  transcribed  by  him  is  a  true  and  correct  copy  of  the  original 
minutes  taken  at  said  inquest  and  is  a  true  and  correct  statement,  of 
the  testimony  of  each  of  the  several  witnesses  who  have  testified  at  said 
inquest.  Which  said  transcript  shall  be  filed  and  carefully  preserved  in 
the  office  of  the  coroner:  And,  provided,  further,  that  whenever  the 
testimony  of  the  several  witnesses  at  such  inquest  shall  have  been  taken 
in  shorthand  minutes  and  transcribed  as  above  provided  for,  the  several 


291  CORPORATIONS. 


witnesses  shall  not  be  required  to  sign  such-  transcript  or  other  state- 
ment of  his  testimony.  Provided,  further,  that  in  any  suit  or  proceed- 
ing hereafter  commenced  for  the  recovery  of  damages  arising  from  or 
growing  out  of  injuries  caused  by  the  negligence  of  any  person,  firm  or 
corporation  resulting  in  the  death  of  any  person  or  for  the  collection  of 
a  policy  of  insurance,  neither  the  coroner's  verdict  returned  upon  the 
inquisition  as  provided  herein,  nor  a  copy  thereof,  shall  be  admissible 
as  evidence  to  prove  or  establish  any  of  the  facts  in  controversy  in  said 
civil  suit  or  proceeding. 

Approved  June  28,  1919. 


CORPORATIONS: 


ANNUAL,   REPORT   TO   SECRETARY    OF   STATE. 

§    1.     Amends  section   7,   Act   of   1901.  §   7e.   Publication      once      each 

week  for  three  weeks. 
§   7.     May   be   reinstated    within 

two     years — fee — Attor-  §   7f.  Practice      in      proceedings 

ney  General  to  institute  same     as     in     cases     in 

proceeding's.  chancery. 

§   7a.   Information  Jo  be  filed  in  §   7g.   Decree    of    dissolution    of 

Circuit   Court.  corporation. 

§   7b.   Process — how    served.  §   7h.   Defendant    corporation    to 

pay  costs. 
§   7c.  H  o  w     publication     notice 

may    be    had — form    of  §   7i.    Emergency. 

notice. 

§  7d.  Not  necessary  for  Attor- 
ney General  to  file  affi- 
davit that  process  can- 
not be  served. 

(Senate  Bill  No.   85.     Approved  April  29,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  requiring  corporations  to 
make  annual  report  to  the  Secretary  of  State,  and  providing  for  the 
cancellation  of  articles  of  incorporation  for  failure  to  do  so,  and  to 
repeal  a  certain  Act  therein  named"  appropved  May  10,  1901,  in 
force  July  1,  1901,  and  amendments  thereto  in  force  July  1,  1903, 
and  July  1,  1917,  by  amending  section  seven  thereof  and  adding 
thereto  sections  la,  7b,  7c,  Id,  7e,  7f,  7g,  7h  and  7i. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented, in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
requiring  corporations  to  make  annual  report  to  the  Secretary  of  State, 
and  providing  for  the  cancellation  of  articles  of  incorporation  for  failure 
to  do  so,  and  to  repeal  a  certain  Act  therein  named/'  approved  May 
10,  1901,  in  force  July  1,  1901,  and  amendments  thereto  in  force  July 
1,  1903,  and  July  1,  1917,  be  and  the  same  is  hereby  amended,  by 
amending  section  seven  thereof  and  by  adding  thereto  sections  7a,  7b, 
7c,  7d,  7e,  7f,  7g,  7h  and  7i,  which  said  section  seven  and  added  sec- 
tions shall  read  as  follows: 

§  7.  It  is  further  provided  that  any  corporation  which  is  pursuing 
an  active  business  under  its  charter,  failing  to  make  said  report  at 
the  time  provided  by  law,  may  at  any  time  within  two  years  from  such 


CORPORATIONS.  295 


default  be  reinstated  upon  the  records  in  the  office  of  the  Secretary  of 
State,  upon  the  payment  of  a  fee  in  the  sum  of  $20  for  such  reinstate- 
ment, and  filing  in  said  office  an  affidavit  stating  all  facts  required  in 
section  two  of  this  Act,  and  in  addition  thereto  the  fact  that  it  was 
at  the  time  of  such  default,  and  still  is,  engaged  in  active  business  under 
its  charter:  Provided,  further,  that  on  or  before  the  first  day  of  July 
of  each  year,  the  Secretary  of  State  shall  certify  the  names  of  all 
corporations  that  have  failed  to  file  in  the  office  of  the  Secretary  of 
State  an  application  for  reinstatement  within  two  years  from  date  of 
default,  together  with  the  facts  in  relation  thereto,  to  the  Attorney 
General,  whose  duty  it  shall  be  to  institute  proceedings  in  the  name 
of  the  People  of  the  State  of  Illinois,  either  in  the  Circuit  Court  of 
Sangamon  County  or  in  the  Circuit  Court  of  such  other  county  in  this 
State  as  to  him  may  seem  best  for  the  dissolution  of  said  corporations 
for  abandonment  and  non-user  of  their  charter,  and  be  it  further  pro- 
vided, that  said  certificate  from  the  Secretary  of  State  to  the  Attorney 
General  shall  be  taken  and  received  in  all*  courts  and  places  as  prima 
facie  evidence  of  the  facts  therein  stated.  Provided,  that  before  institut- 
ing suit  the  Attorney  General  shall  mail  to  the  corporation  or  corpora- 
tions at  last  known  address  of  the  corporation,  as  given  in  said  cer- 
tificate, a  notice  of  the  fact  that  a  suit  will  be  instituted  to  dissolve 
said  corporation  unless  an  application  for  reinstatement,  accompanied 
by  the  fee  heretofore  mentioned  in  this  section,  is  filed  in  the  office 
of  the  Secretary  of  State  within  thirty  days  from  the  date  of  said  notice. 
It  shall  be  the  duty  of  the  Secretary  of  State  upon  filing  of  said  ap- 
plication for  reinstatement,  accompanied  by  said  fee,  by  anv  corpora- 
tion certified  by  him  to  the  Attorney  General,  to  notify  said  Attorney 
General  of  the  fact  of  the  filing  of  said  application  for  reinstatement. 
At  the  expiration  of  the  said  thirty  days,  the  Attornev  General  shall 
proceed  to  dissolve  any  such  cornoration  that  has  not  filed  an  applica- 
tion for  reinstatement,'  as  provided  by  the  provisions  of  this  section. 
But  if  it  shall  appear,  upon  the  hearing,  that  said  corporation  is  pur- 
suing an  active  business  under  its  charter,  then,  upon  payment  to  the 
Secretary  of  State  of  the  sum  of  $50  and  all  costs  that  have  accumu- 
lated in  the  prosecution  of  the  suit,  the  charter  shall  be  restored. 
Otherwise,  a  decree  of  dissolution  shall  be  entered  against  said  cor- 
poration by  an  appropriate  judgment  of  the  court  for  abandonment 
and  non-user  of  its  charter. 

§  7a.  Such  proceeding  shall  be  commenced  by  filing  in  the  Cir- 
cuit Court,  in  chancery,  an  information  in  the  nature  of  a  bill  in  chan- 
cery, stating  the  name  and  date  of  the  organization  of  such  corpora- 
tion, the  location  of  its  principal  office,  and  the  names  of  its  directors, 
managers,  trustees  or  officers,  if  known ;  that  it  has  failed  to  make  its 
annual  report  to  the  Secretary  of  State,  as  provided  in  this  Act.  and 
praying  for  its  dissolution. 

§  7b.  In  proceedings  under  this  Act,  process  in  the  form  of  a 
summons  in  chancery,  may  issue  out  of  the  court,  upon  the  filing;  of. 
such  information  directed  to  the  sheriff  of  the  county  in  which  the 
principal  office  of  such  corporation  is,  by  its  charter,  located,  and  shall 
be  served  by  delivering  a  copy  thereof  to   the  president  of  such   cor- 


296  CORPORATIONS. 


poration,  if  he  can  be  found  in  such  county,  and  if  he  cannot  be  found 
therein,  "then  by  leaving  such  copy  with  the  clerk,  secretary,  superin- 
tendent or  other  agent  of  such  corporation,  and  in  case  the  sheriff 
having  such  process  shall  make  return  thereon  that  such  president, 
clerk,  secretary,  superintendent,  or  other  agent  of  such  corporation  can- 
not be  found  in  his  county,  then  the  Attorney  General  shall  cause  a 
notice  to  be  published  in  some  newspaper  published  in  the  county  where 
the  principal  office  of  such  corporation  is  located,  (as  shown  by  the 
records  of  the  Secretary  of  State),  as  hereinafter  in  this  Act  provided. 
§  7c.  The  publication  notice  required  for  service  of  process  on 
said  corporations  sought  to  be  dissolved,  may  be  had  by  giving  notice 
to  all  of  said  corporations  which  it  is  sought  to  have  dissolved  at  the 
same  term  of  the  court  in  one  notice  to  all  of  the  corporations  which 
are  sought  to  be  dissolved  in  that  term  of  said  court,  and  which  said 
notice  shall  be  in  the  following  form,  as  nearly  as  may  be: 

Notice  of  Action  for  Dissolution  of  Corf-orations. 

To  the  following  named  corporations,  their  officers  and  stockholders : 
Acme  Bond  Company,  Brown  Ink  Comoany ;  New  York  Sand  Com- 
pany; (inserting  names  of  all  the  corporations  against  whom  bills 
have  been  filed:) 

You  will  hereby  take  notice  that  the  Attorney  General  of  Illinois 
has  filed  a  bill  in  chancery  in  the  name  of  the  People  of  the  State  of 
Illinois  against  each  of  the  above  named  corporations,  in  the  Circuit 

Court  of County  to  the term 

thereof,  the  said'  bill  in  chancery  praying  for  the  dissolution  of  each 
of  the  above  named  corporations,  and  that  a  summons  has  been  issued 
by  the  clerk  of  said  court  and  delivered  to  the  sheriff  of  the  county  in 
which  the  principal  office  of  each  of  said  corporations  is  located  for 
service,  and  that  said  sheriff  has  returned  said  summons  to  the  clerk 
of  said  court  with  a  return  that  he  has  been  unable  to  obtain  service 
on  any  of  the  above  named  corporations. 

You  will  therefore  take  notice  that-  said  information  in  chancery 

has  been  filed  in  said  Circuit  Court  of County, 

Illinois,  and  is  now  pending  in  said  court. 


Clerk  of  the  Circuit  Court  of County. 


Attorney  General  of  the  State  of  Illinois. 

§  7d,  It  shall  not  be  necessary  for  the  Attorney  General  to  file 
an  affidavit  showing  such  president,  clerk,  secretary,  superintendent  or 
other  agent  of  such  corporation  resides  or  has  gone  out  of  the  State,  or 
on  due  inquiry  cannot  be  found,  or  is  concealed,  so  that  process  cannot 
be  served  upon  them,  or  that  upon  diligent  inquiry  the  places  of  resi- 
dence of  such  officers  or  agents  cannot  be  ascertained. 

§  7e.  Said  publication  shall  be  had  at  least  once  in  each  week 
for  three  successive  weeks,  and  no  default  shall  be  taken  upon  such 
notice  unless  thirty   (30)   days  shall  have  intervened  between  the  date 


CORPORATIONS.  207 


of  the  first  publication  of  such  notice  and  the  first  day  of  the  term  of 
court  at  which  such  default  or  preceeding  is  proposed  to  be  taken. 

§  7f.  The  practice  in  proceedings  under  this  Act  shall  be  the 
same  as  in  cases  of  chancery,  except  that  it  shall  not  be  necessary  for 
the  complainant  to  file  a  copy  of  his  pleadings.  Suits  and  proceedings 
instituted  under  the  provisions  of  this  Act  shall  be  placed  on  a  sep- 
arate docket  by  themselves,  and  stand  for  trial  upon  the  call  of  such 
docket  at  such  times  during  any  term  of  such  court  as  the  judge  there- 
of shall  order. 

§  '7g.  Upon  the  hearing  of  the  information,  the  court  may  de- 
cree a  dissolution  of  such  corporation,  arid  upon  the  clerk  of  said 
court  certifying  to  the  fact  that  said  court  has  decreed  a  dissolution  of 
such  corporation  and  filing  such  certificate  with  the  Secretary  of  State, 
and  same  being  entered  by  the  Secretary  of  State  in  the  records  of  his 
office,  the  dissolution  of  such  corporation  shall  be  complete. 

§  7h.  The  court  shall  decree  that  the  defendant  corporation  shall 
pay  the  costs  of  the  suit.  Upon  the  failure  of  the  defendant  corpora- 
tion to  pay  the  costs,  the  State  of  Illinois  shall  pay  the  costs  of  the 
publication  notice  necessary  to  procure  service  of  notice  on  the  de- 
fendant corporation. 

The  fees  allowed  for  the  publication  notice  provided-  for  in  this 
Act  shall  be  not  exceeding  twenty-five  (25)  cents  for  each  corporation 
named  in  said  notice,  and  in  addition  thereto  ten  dollars  ($10.00)  for 
the  publication  of  said  notice;  the  said  twenty-five  (25)  cents  per 
corporation  and  said  ten  dollars  ($10.00)  for  the  notice  is  to  constitute 
full  payment  for  the  three  nublications  of  said  notice,  and  the  certificate 
of  the  publisher  that  said  publication  was  made.  The  costs  of  said 
publication  shall  be  paid  upon  certified  fee  bills  approved  by  the  At- 
torney General,  and  shall  be  paid  out  of  any  moneys  in  the  State 
treasury,  not  otherwise  appropriated.  No  other  costs  or  charges  shall 
be  allowed  or  paid  for  any  other  services  performed  under  the  provisions 
of  this  Act  by  the  State  of  Illinois. 

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

Approved  April  29,  1919. 


§    1 


§      9 
§   10 


BUILDING  AND  LOAN  ASSOCIATIONS. 

Definition.  §   11.     Power  to   borrow   money. 

License — how  obtained.,  §   12.     Matured  shares. 

Must    organize    and    do    business        §   13.     Withdrawals — voluntary, 
under  the  Act — penalty. 


Meeting   to   organize. 


§14.      "Withdrawals — involuntary. 


§  15.  Advance      on      shares — balance — 
Organization    completed.  settlements. 

Corporate  rights.  §  16.  Deceased   members. 

Directors — officers.  §  17.  Membership    fees — dues — penalty. 

Corporate  existence   not  to  cease  §  18.  "Who    may    become    subscribers — 
on  failure  to  elect,  etc.                                           joint  ownership. 

Officers'    bonds.  §  19.  Loans. 

Capital   to   be   accumulated.  §  20.  Life   insurance. 


298  CORPORATIONS. 


BUILDING  AND  LOAN  ASSOCIATIONS — Concluded. 

Failure  to  give  security  for  loan.        §   34.     Meeting     of     shareholders — reor- 
ganize— new    management. 
Payment  of  loan — when  premium 

refunded.  §    35.     Voluntary      liquidation — duty      of 

Auditor  and  receiver. 
Premiums,      fines,      etc.,      not 

usurious — stocks  and  notes  not        §   36.     If  Auditor  finds  association  can- 
to  be  taxed.  not    be    reorganized — to    report 

to    Attorney    General — duty    of 
May  purchase,  etc.,  real  estate —  Attorney  General — proceedings, 

when. 

§    37.      When  association  may  reorganize 
Consolidation    of   associations.  or    go    into    voluntary    liquida- 


§  21 


§  24 

§  25 
§  26 
§  27 


§  29 

§  30 
§  31 
§  32 
§  33 


tion. 
Existence   may   be    extended. 

§  38.     When  a  meeting  of  shareholders 

Annual   reports   to   Auditor — pen-  to      be      called — notice      to      be 

alties      for      not      making,      or  given, 
making  false  or  wrong  reports. 

§  39.      Directors    to    present    exhibit    of 

Duties,  of  Auditor — fees.  the   affairs — to   be  printed. 

Apportionment     of     profits — con-        §  40.     Voting — adoption  of  resolution  to 

tingent       fund — dividends — un-  reorganize  or  liquidate. 


divided  profit  fund. 

uditing    comm 
tion   allowed. 


§   41.     Power  of  shareholders  at  special 
Auditing    committees — compensa-  meetings. 


§   42.     Resolution       passed       by       such 
Auditor — duty — when    assets    are  special      meeting— c  o  in  p  1  e  t  e 

impaired.  record  of  all  proceedings  to  be 

made — report — notice       to       be 
Auditor-*— receiver — special    meet-  published. 


ing  of  stockholders— report. 


§   43.     When  receiver  may  be  appointed. 


Receiver  —  duties      of — reports — 

compensation.  §   44.     Repeal. 

(House  Bill  No.   184.     Filed  June  19,  1919.) 

An  Act  in  relation  to  mutual  building,  loan  and  homestead  associations. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Definition.]  Every  associa- 
tion heretofore  or  hereafter  organized  under  any  law  providing  for 
the  incorporation  of  building,  loan  and  homestead  associations,  and 
every  association  heretofore  or  hereafter  organized  or  incorporated 
under  any  law  for  the  purpose  of  assisting  its  members  to  accumulate 
and  invest  their  savings,  by  accumulating  a  fund  from  periodical  pay- 
ments on  its  stock,  or  otherwise,  to  be  loaned  among  its  members,  shall 
be  known  in  this  Act  as  a  mutual  building,  loan  or  homestead  associa- 
tion. 

Associations  organized  under  this  Act  may  operate  under  either 
the  serial,  or  the  permanent  plan,  or  both,  as  their  by-laws  may  pro- 
vide. Associations  issuing  shares  at  fixed  times,  or  in  series,  shall  be 
known  as  serial  associations,  and  associations  issuing  shares  with  a 
minimum  payment,  or  when  required,  or  without  fixed  dates  of  issue, 
shall  be  known  as  permanent  plan  associations.  Such  associations  organ- 
ized under  the  laws  of  this  State  shall  be  known  as  "domestic"  associa- 
tions, and  those  organized  under  the  laws  of  any  other  state,  territory 
or  nation,  shall  be  known  as  "foreign"  associations. 

§  2.  License,  how  obtained.]  Whenever  any  number  of  per- 
sons, not  less  than  ten  (10),  may  desire  to  become  incorporated  as  a 
mutual  building,  loan  or  homestead  association,  for  the  purpose  of  ac- 
cumulating funds  to  be  loaned  to  the  members  thereof  only,  they  shall 


CORPORATIONS.  209 


make  a  statement  to  that  effect  under  their  hands  and  seals,  duly 
acknowledged  before  some  officer  in  the  manner  provided  for  the  ac- 
knowledgment of  deeds.  Such  statement  shall  set  forth  the  name  of 
the  proposed  association,  the  capital  stock  to  be  accumulated,  its  loca- 
tion and  the  duration  of  the  association,  which  statement  shall  be  filed 
in  the  office  of  the  Auditor  of  Public  Accounts.  The  Auditor  of  Pub- 
lic Accounts  shall  thereupon  issue  to  such  persons  a  license  as  com- 
missioners to  open  books  for  subscription  to  the  shares  of  stock  of  said 
association  at  such  time  and  place  as  they  may  determine :  Provided, 
however,  that  the  Auditor  of  Public  Accounts  may  withhold  the  issuing 
of  a  license  to  commissioners  t.o  open  books  fgr  subscription  to  the 
shares  of  stock  of  said  association  if  he  is,  not  satisfied  as  to  the  personal 
character  and  standing  of  the  officers  or  directors  to  be  elected,  or  if 
the  proposed  location  would  not  warrant  the  issuance  of  a  charter,  but 
no  charter  shall  be  issued  to  two  associations  having  the  same  or  similar 
names. 

§  3.  Must  organize  and  do  business  under  the  act — pen- 
alty.] It  shall  be  unlawful  for  any  company,  association,  corporation, 
organization  or  co-partnership,  assuming  to  be  a  company  or  corpora- 
tion, to  transact  business  in  this  State  for  the  purpose  of  receiving  or 
accepting  moneys  from  their  subscribers,  contributors  or  members,  in 
installments  for  the  purpose  of  creating  a  fund  with  which  to  make 
loans  to  members  only,  unless  such  company,  association,  corporation, 
organization  or  co-partnership  is  organized  and  doing  business  under 
this  Act,  and  whoever  violates  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars  ($1,000). 
The  same  may  be  recovered  in  any  court  having  competent  jurisdiction 
in  the  name  of  the  People  of  the  State  of  Illinois  on  the  relation  of 
the  Auditor  of  Public  Accounts  for  the  benefit  of  the  county  wherein 
such  person  or  persons,  association  or  corporation  is  located. 

§  4.  Meeting  to  organize.]  That  whenever  two  hundred  shares 
or  more  of  the  capital  stock  shall  be  subscribed  in  cities,  towns  or  vil- 
lages of  fewer  than  five  thousand  inhabitants;  and  five  hundred  shares 
or  more  in  cities,  towns  or  villages  of  five  thousand  inhabitants  or  more, 
the  commissioners  shall  convene  a  meeting  of  the  subscribers  for  the 
purpose  of  electing  at  least  five  subscribers  as  directors,  adopting  by- 
laws and  the  transaction  of  such  other  business  as  shall  come  before 
them.  Notice  thereof  shall  be  given  by  depositing  in  the  post  office, 
properly  addressed  to  each  subscriber,  at  least  ten  days  before  the  time 
fixed,  a  written  or  printed  notice,  stating  the  object,  time  and  place 
of  such  meeting.  Directors  of  such  corporations  organized  under  this 
Act  shall  be  elected,  classified  and  hold  their  office  for  such  period  of 
time  as  is  provided  by  general  law  governing  the  election  and  classi- 
fication of  directors,  trustees  or  managers  of  corporations. 

§  5.  Organization  completed.]  The  commissioners  shall  make 
a  full  report  of  their  proceedings,  including  therein  a  copy  of  the  notice 
provided  for  in  the  foregoing  section,  a  copy  of  the  subscription  list, 
a  copy  of  the  by-laws  adopted  by  the  association,  and  the  names  of  the 
directors  elected  and  their  respective  terms  of  office,  which  report  shall 
be  sworn  to  by  at  least  a  majority  of  the  commissioners  and  shall  be 


300  CORPORATIONS. 


filed  in  the  office  of  the  Auditor  of  Public  Accounts,  and  the  Auditor 
of  Public  Accounts  shall  submit  said  by-laws  to  the  Attorney  General, 
who  shall  report  whether  such  by-laws  conform  to  the  requirements  of 
this  Act,  and  if  approved  by  the  Attorney  General,  the  Auditor  of 
Public  Accounts  shall  thereupon  issue  a  certificate  of  the  complete  organ- 
ization of  the  association,  making  a  part  thereof  a  copy  of  all  papers 
filed  in  his  office  in  and  about  the  organization  of  the  association,  duly 
authenticated  under  his  hand  and  seal  of  office;  and  the  same  shall  be 
recorde'd  in  the  office  of  the  recorder  of  deeds  in  the  county  in  which 
the  principal  office  of  the  association  is  located.  Upon  recording  said 
copy  the  association  shall  be  deemed  iully  organized  and  may  proceed 
to  business. 

Unless  any  such  association  shall  organize  and  proceed  to  business 
as  provided  in  this  Act  within  six  months  after  the  date  of  such  license, 
the  license  shall  be  deemed  revoked  and  all  proceedings  thereunder  void. 
All  subsequent  amendments  or  alterations  of  said  by-laws  shall  be  sub- 
mitted to  the  Auditor  of  Public  Accounts  and  approved  by  the  Attorney 
General,  and  be  recorded  in  like  manner  as  the  original  by-laws  before 
the  same  shall  become  operative;  and  only  such  by-laws  as  shall  have 
been  submitted,  approved  and  recorded  as  herein  provided  shall  be 
deemed  operative. 

§  6.  Corporate  rights.]  Corporations  formed  under  this  Act 
shall  be  bodies  corporate  and  politic  for  the  period  for  which  they  are 
organized;  may  sue  and  be  sued;  may  have  a  common  seal,  which  they 
may  alter  or  renew  at  pleasure. 

§  7.  Directors — officers.]  The  corporate  powers  shall  be  ex- 
ercised-by  a  board  of  directors  of  not  less  than  five  (5)  in  number,  all 
of  whom  shall  be  bona  fide  shareholders  in  such  association  and  resi- 
dents of  the  State  of  Illinois.  The  officers  shall  consist  of  a  president, 
vice-president,  secretary,  treasurer  and  such  other  officers  as  the  by- 
laws shall  provide,  to  be  elected  at  the  annual  meeting  of  the  directors. 
The  duties  of  the  officers,  their  terms  of  office,  the  time  and  manner 
of  their  election,  the  manner  of  filling  vacancies,  the  time  of  holding 
periodical  meetings  of  the  officers  and  shareholders,  the  manner  of 
calling  special  meetings  not  provided  for  in  this  Act,  the  qualification 
of  electors,  and  the  manner  of  voting,  shall  be  determined  by  the  by- 
laws, when  not  provided  for  in  this  Act.  Unless  the  compensation  of 
the  officers,  directors  and  committees  shall  be  provided  for  in  the  by- 
laws, the  directors  shall  fix  and  determine  the  same.  The  directors 
shall  have  all  such  powers  not  enumerated  herein  as  are  necessary  and 
proper  to  enable  such  association  to  carry  out  the  purpose  of  its  organi- 
zation. 

§  8.  Corporate  existence,  not  to  cease  on  failure  to  elect, 
etc.]  No  corporation  or  association,  created  under  this  Act,  shall 
cease  or  expire  from  neglect  on  the  part  of  the  corporation  to  elect 
officers  at  the  time  mentioned  in  their  charter  and  by-laws,  and  all 
officers  elected  by  such  corporation  shall  hold  their  offices  until  their 
successors  are  duly  elected. 

§  9.  Officers'  bonds.]  Every  person  appointed  or  elected  to 
any  position  requiring  the  receipt,   payment,   management   or   use   of 


CORPORATIONS.  301 


money  belonging  to  such  association  shall,  within  thirty  (30)  days 
after  such  appointment  or  election,  become  bonded  with  two  or  more 
good  and  sufficient  sureties  or  in  some  good  and  responsible 
fidelity  insurance  company,  in  such  sum  as  the  directors  shall 
require  or  approve.  Such  bonds  shall  be  executed  annually 
and  shall  be  filed  with  the  Auditor  of  Public  Accounts  of  this 
State  within  ten  days  next  after  the  approval  thereof  by  the  board  of 
directors,  and  the  fee  for  filing  same  shall  be  one  dollar  ($1.00).  Such 
bond  shall  be  sufficient  in  amount  to  protect  the  association  from  loss 
by  reason  of  malfeasance  in  office  or  failure  to  faithfully  perform  and 
discharge  the  duties  of  his  position.  No  officer  or  employe  who  is 
required  to  give  bond,  shall  be  deemed  qualified  to  enter  upon  the  dis- 
charge of  his  duties  until  his  bond  shall  have  been  approved  by  a 
majority  of  the  board  of  directors  by  a  written  endorsement  thereon 
and  filed  with  the  Auditor  of  Public  Accounts  as  herein  required.  Any 
officer  or  employe  who  shall  neglect  or  refuse  to  file  such  bond  at  the 
time  and  manner  as  herein  provided,  shall  be  subject  to  a  fine  of-  not 
less  than  twenty-five  dollars  ($25.00)  nor  more  than  two  hundred  dol- 
lars ($200.00)  and  his  office  or  position  shall  become  vacant  and  shall 
be  filled  in  the  manner  herein  or  in  the  by-laws  provided.  Such  fine 
may  be  recovered  in  any  court  having  competent  jurisdiction  in  the 
name  of  the  People  of  the  State  of  Illinois  on  the  relation  of  the  said 
Auditor,  for  the  benefit  of  the  county  wherein  the  said  association  is 
located,  or  in  which  such  officer  or  officers  may  reside. 

§  10.  Capital  to  be  accumulated.]  The  capital  to  be  ac- 
cumulated shall  be  divided  into  shares  having  an  ultimate  value  of 
one  hundred  dollars  ($100.00)  each.  The  shares  shall  be  deemed  to 
be  personal  property  in  the  hands  ©f  the  members,  transferable  upon 
the  books  of  the  association  in  the  manner  provided  in  the  by-laws. 
Each  shareholder  shall  pay  to  said  association  as  a  contribution  to 
the  capital  thereof,  the  sum  fixed  a's  dues  for  -each  and  every  share 
held  by  him,  until  each  share  shall  reach  the  ultimate  value  thereof. 
The  shares  may  be  issued  as  required  or  at  certain  periods  designated 
in  the  by-laws,  or  in  series,  and  subdivided  into  classes,  each  series  or 
class  providing  a  different  payment  of  dues,  payable  in  such  amount 
or  amounts,  and  at  such  time  or  times  as  the  by-laws  shall  provide. 
Any  such  association,  if  the  by-laws  shall  so  provide,  may  issue  shares 
with  a  minimum  payment,  or  with  a  single  payment  and  upon  such 
single  payment  shares  it  shall  be  lawful  for  such  association  to  make 
agreements  with  the  holders  thereof  to  waive  participation  in  the  gen- 
eral profits  of  the  association  in  consideration  of  a  fixed  annual  per 
cent  of  profit  or  interest  to  be  paid,  which  shall  in  no  event  exceed 
the  net  earnings  of  the  association.  New  shares  may  be  issued  in  lieu 
of  any  shares  withdrawn,  redeemed,  cancelled  or  matured,  providing 
the  ultimate  value  of  the  total  number  of  shares  outstanding  at  any 
one  time  shall  not  exceed  the  authorized  capital  stock  of  the  associa- 
tion. All  shares  heretofore  issued  by  any  association  upon  which  in- 
stallments have  been  paid  in  advance,  together  with  the  interest  al- 
lowed, or  paid  thereon,  are  herebv  legalized  and  validated.  Every 
share  shall  be  subject  to  a  lien  for  the  pa}anent  of  unpaid  installments 


302  CORPORATIONS. 


and  such  other  charges  as  may  be  lawfully  incurred  thereon  under  the 
provisions  of  this  Act,  and  the  by-laws  may  prescribe  the  manner  of 
enforcing  such  lien. 

All  funds  of  the  association  shall  be  deposited  in  the  name  of 
the  association  in  such  bank  or  trust  company  as  may  be  designated  as 
depository  by  the  treasurer  and  approved  by  the  board  of  directors. 

§  11.  Power  to  borrow  money.]  The  directors  shall  have 
power  to  borrow  money  for  such  temporary  uses  and  purposes  of  the 
association  as  the  exigencies  of  the  business  may  demand  and  as  are 
not  inconsistent  with  the  objects  of  .the  association.  To  secure  such 
loans,  the  directors  may  cause  the  obligation  or  obligations  of  the  as- 
sociation to  be  issued  therefor,  bearing  interest  at  not  to  exceed  the 
then  legal  contract  rate.  No  such  loan  or  loans  shall  have  a  longer 
duration  than  one  year  nor  shall  the  aggregate  amount  of  such  out- 
standing indebtedness  at  any  one  time  exceed  ten  per  centum  of  the 
assets  of  the  association.  Before  any  money  shall  be  borrowed,  the 
board  of  directors  shall  first,  by  a  majority  vote,  pass  and  record  a 
resolution  to  that  effect. 

§  12.  Matured  shares.]  Whenever  any  shares  reach  the  value 
of  one  hundred  dollars  ($100.00)  each,  either  by  the  payment  of  dues, 
the  addition  of  regular  dividends,  or  the  addition  of  interest  allowed, 
they  shall  be  deemed  to  be  matured,  and  all  payments  of  dues  thereon 
shall  cease,  and  the  owner  thereof  or  his  assignee,  shall  be  paid  out 
of  funds  of  the  association  the  matured  value  thereof,  in  the  manner 
provided  for  voluntary  withdrawals.  With  the  consent  of  the  directors, 
there  may  be  issued  in  lieu  of  such  shares  matured  stock  certificates 
upon  which  the  interest  to  be  paid  shall  not  exceed  the  actual  net 
earnings  of  the  association,  payable  at  such  times  and  in  such  manner 
as  may  be  expressed  in  said  certificate.  Provided,  that  at  no  time  shall 
the  aggregate  amount  of  such  shares  outstanding  exceed  twenty  per 
centum  of  the  assets  of  the  association. 

§  13.  Withdrawals,  voluntary.]  If  the  bj^-laws  shall  so  pro- 
vide, any  member  desiring  to  withdraw  all  or  any  part  of  the  credit 
on  his  shares  from  any  association  doing  business  in  this  State,  may 
be  required  to  make  a  written  application  which  shall  be  received  and. 
filed  in  numerical  order,  and  payments  upon  the  same  shall  be  made 
in  the  order  in  which  they  are  filed.  Upon  withdrawal  such  member 
shall  be  entitled  to  receive  the  full  amount  of  dues  paid  in  and  such 
interest  thereon  as  fixed  in  the  by-laws,  or  such  proportion  of  the  profits 
apportioned  thereto  as  the  board  of  directors  may,  from  time  to  time, 
by  resolution  determine,  less  such  charges  of  the  character  enumerated 
in  this  Act  as  may  be  due  thereon;  provided,  that  the  amount  of 
such  interest  or  profits  paid  on  withdrawals  shall  not  exceed  the  actua] 
earnings  of  the  shares  sought  to  be  withdrawn;  provided,  further. 
that  at  no  time  shall  more  than  one-half  of  the  funds  in  the  treasury 
of  the  association  be  applicable  to  the  demand  of  withdrawing  members 
or  the  payment  of  matured  shares,  without  the  consent  of  the  board 
of  directors;  provided,  further,  that  any  member  having  pledged  his 
or  her  shares  as  security  for  an  advance,  without  other  security,  may 
withdraw  the  same  and  receive  the  evidence  of  indebtedness  given  for 


CORPORATIONS.  303 


such  advance  and  such  balance  in  cash,  if  any,  as  may  be  to  the  credit 
of  such  shares,  but  such  withdrawal  shall  be  subject  to  the  same  regula- 
tions in  all  other  respects  as  in  the  case  of  shares  not  pledged.  No 
such  association"  shall  be  permitted  to  carry  for  any  member  any  de- 
mand, commercial  or  checking  account.  Nothing  in  this  section  shall 
prevent  members  from  withdrawing  funds  by  non-negotiable  orders. 

§  14.  Withdrawals,  involuntary.]  The  directors  may,  in 
their  discretoin,  under  the  rules  made  by  them  in  conformity  with  the 
by-laws,  retire  the  unpledged  shares,  in  the  order  of  the  issue  of  such 
shares,  by  enforcing  withdrawals  of  the  same,  and  the  owners  shall 
be  paid  the  full  value  of  their  shares,  as  determined  at  the  last  pre- 
ceding distribution  of  profits,  together  with  all  dues  paid  since  such 
distribution,  less  any  unpaid  fines;  provided,  that  all  shares  which 
have  reached  matured  value  and  all  single  payment  shares,  that  may 
be  outstanding,  shall  be  first  retired  under  the  provisions  of  this  Act. 

§  15.  Advance  on  shares — balance — settlements.]  Any 
member  who  shall  have  obtained  a  loan  or  advance  on  his  shares,  who 
shall  have  given  real  estate  as  security,  may  at  any  time  upon  giving 
thirty  days'  previous  notice  in  writing,  repay  the  same.  On  settle- 
ment such  member  shall  be  charged  with  the  full  amount  of  such  loan 
or  advance,  together  with  any  and  all  arrearages  due  thereon,  or  on  the 
shares  pledged  or  appertaining  to  the  security  given,  and  shall  there- 
upon be  allowed  as  a  credit  the  withdrawal  value  of  the  shares  pledged 
as  security,  together  with  such  other  credits  as  may  be  returnable  on 
account  thereof,  and  the  balance  shall  be  received  by  the  association 
in  full  settlement  and  discharge  of  such  loan  or  advance;  provided, 
that  all  settlements  made  in  periods  intervening  between  stated  monthly 
meetings  of  the  directors  shall  be  made  as  of  the  date  of  the  stated 
monthly  meeting  next  succeeding  such  settlement;  provided,  also,  that 
any  member  electing  to  repay  his  loan  or  advance  may,  in  lieu  of  re- 
paying the  same  in  full,  elect  to  repay  the  same  in  part  in  even  hun- 
dreds of  dollars  in  cash,  or  he  may  elect  to  have  applied  as  a  credit 
on  the  amount  of  such  loan  or  advance  the  then  withdrawal  value  of 
the  shares  upon  which  such  loan  or  advance  may  then  be  predicated; 
and  thereupon  the  said  shares  shall  be  and  become  cancelled  in  the 
proportion  of  one  share  for  each  one  hundred  dollars  so  applied  as  a 
credit,  and  the  remaining  uncancelled  shares  and  the  remaining  credit 
shall  be  transferred  to  and  held  as  advanced  or  oledged  shares  of  the 
then  current  series  or  date,  and  the  obligation  evidencing  such  loan 
or  advance,  and  the  mortgage  or  other  security  given  to  secure  the 
same,  shall  not  in  any  wise  be  prejudiced  by  any  such  transfer,  whether 
such  transfer  shall  have  been  provided  for  in  the  obligation  evidencing 
such  loan  or  advance  and  the  mortgage  securing  the  same  or  not;  and 
after  the  application  of  every  such  credit  the  amount  of  such  loan  or 
advance  shall  forthwith  be  and  become  reduced  in  accordance  with  the 
amount  so  applied  as  a  credit,  and  such  advanced  shareholder  shall  not 
thereafter  be  held  liable  for  any  greater  amount  than  shall  be  remain- 
ing due  after  the  application  of  such  credits,  except  for  arrearages  and 
penalties  occasioned  by  the  shareholder's  own  default. 


304  CORPORATIONS. 


§  16.  Deceased  members.]  Upon  the  death  of  a  shareholder, 
his  legal  representatives  shall  be  entitled  to  receive  the  voluntary  with- 
drawal value  of  the  unpledged  shares  of  the  deceased.  No  fines  shall 
be  charged  or  profits  credited  to  a  deceased  member's  shares  from  and 
after  his  decease,  unless  his  legal  representatives  assume  the  future 
payments  on  such  shares. 

§  17.  Membership  fees — dues — penalty.]  A  membership  fee 
and  a  transfer  fee,  neither  of  which  shall  exceed  25  cents  per  share, 
may  be  charged,  and  all  fees  shall  be  accounted  for  as  a  part  of  the 
receipts  of  the  association.  Any  association  may  impose  a  penalty  for 
the  non-payment  of  dues,  interest  or  premium  at  the  time  they  shall 
fall  due,  which  penalties  shall  in  no  case  exceed  the  sum  of  10  cents 
per  share  per  month,  and  it  shall  not  be  permissible  to  either  compound 
or  cumulate  such  penalties. 

§  18.  Who  may  become  subscribers.]  Married  women  may 
become  subscribers  to  the  capital  stock  of  such  association  and  hold, 
control  and  transfer  their  stock  in  all  respects  as  femmes  sole,  and  their 
stock  shall  not  be  subject  to  the  control  of  or  liable  for  the  debts  of 
their  husbands.  Minors  may  become  subscribers  to  and  owners  of  the 
stock  of  such  association,  which  may  be  withdrawn  in  like  manner  as 
other  stock,  and  the  receipt  of  such  minors  shall  be  a  valid  acquittance. 

Joint  ownership.]  Shares  may  be  issued  in  the  names  of  two 
persons  and  the  survivor;  and  in  the  event  of  the  death  of  either,  the 
association  shall  be  liable  thereon  only  to  the  survivor,  and  while  both 
are  living  payment  to  either  shall  discharge  the  liability  to  both.  The 
joint  ownership  of  shares  shall  not  confer  the  right  to  vote  to  a  greater 
extent  than  if  said  shares  were  held  by  an  individual. 

§  19.  Loans.]  The  board  of  directors  shall  hold  such  stated 
meetings  not  less  frequently  than  once  a  month,  as  may  be  provided 
by  the  by-laws.  At  which  meeting  the  money  in  the  treasury  shall  be 
offered  for  loan  in  open  meeting,  and  the  shareholders  who  shall  bid 
the  highest  premium  for  the  preference  or  priority  of  loan,  shall  be 
entitled  to  receive  a  loan  of  one  hundred  dollars  ($100.00)  for  each 
share  of  stock  held  by  said  shareholders;  the  said  premium  bid  may 
be  deducted  from  the  loan  in  one  amount,  or  may  be  paid  in  such 
proportionate  amounts  or  installments,  and  at  such  times  during  the 
existence  of  the  shares  of  stock  borrowed  upon,  as  may  be  designated 
by  the  by-laws  of  the  respective  associations;  provided,  that  any  such 
association  may,  by  its  by-laws,  dispense  with  the  offering  of  its  money 
for  bids  in  open  meeting,  and  in  lieu  thereof  loan. its  money  at  a  rate 
of  interest,  or  interest  and  premium,  to  be  fixed  by  the  directors,  de- 
ciding the  preference  or  priority  of  the  right  to  a  loan  by  the  priority 
of  the  approved  applications  therefor  of  its  shareholders;  and  pro- 
vided, that  no  loan  shall  be  made  by  said  association  except  to  its  own 
members,  nor  in  any  sum  in  excess  of  the  amount  of  shares  held  by 
such  members  borrowing,  but  such  shareholders  may  borrow  such  frac- 
tional part  of  one  hundred  dollars  ($100.00)  as  the  by-laws  may  pro- 
vide. Good  and  ample  real  estate  security  unencumbered,  except  by 
prior  loans  of  such  association,  shall  be  given  by  the  borrower  to  secure 
the  payment  of  the  loan;  provided,  that  the  board  of  directors  shall 


CORPORATIONS.  305 


require  an  examination  of  title  and  written  opinion  thereof;  and  may,  in 
its  discretion,  require  that  such  real  estate  security  shall  be  accompanied 
by  an  abstract  of  the  title  of  the  property  in  question,  or  a  guaranteed 
title  thereof,  or  a  certificate  under  the  Torrens  system-;  provided,  how- 
ever, that  the  shares  of  such  associations  may  be  received  as  security, 
to  the  amount  of  the  withdrawal  value  of  such  shares;  and,  provided, 
that  the  board  of  directors  may  by  a  two-thirds  vote  of  all  its  mem- 
bers temporarily  invest  the  funds  of  the  association  in  the  treasury  in 
excess  of  the  demands  of  the  shareholders  in  other  loans  and  securities, 
but  such  investments  shall  not  exceed  twenty  per  centum  of  the  assets 
of  the  association.  No  mortgage  given  to  secure  a  loan  from  any  mutual 
building,  loan  or  homestead  association  shall  be  taken  in  the  name  of 
a  trustee. 

Whenever  an  insurance  company  shall,  under  the  terms  of  its 
policy,  pay  to  an  association  organized  under  this  law,  any  sum  for 
loss  or  damage  by  fire  or  wind  storm  to  property  mortgaged  to  such 
association,  and  shall  claim  that  as  to  the  owner  of  the  premises  in- 
sured no  liability  existed,  said  insurance  company  shall  to  the  extent 
of  such  payment  be  legally  subrogated  to  all  the  rights  of  the  associa- 
tion receiving  the  same,  or  if  such  insurance  company  shall  pay  to 
such  association  the  net  amount  due  upon  the  indebtedness  secured 
by  such  mortgage  after  deducting  all  proper  credits,  said  association 
may  thereupon  assign  and  transfer  to  such  insurance  company  its  mort- 
gage and  the  obligation  or  note  secured  thereby,  and  thereupon  such 
insurance  company  shall  be  subrogated  to  the  rights  of  said  association. 

§  20.  Life  insurance.]  The  board  of  directors  may  require  as 
additional  security  for  any  loan,  insurance  on  the  life  of  the  borrower 
or  other  person  in  an  amount  and  in  some  company  to  be  designated 
by  them,  or  the  borrower  may  do  so  voluntarily  with  the  consent  of 
the  association.  The  policy  of  insurance  shall  be  assigned  to  the  associa- 
tion as  collateral  security  for  the  loan,  and  in  case  of  death  shall  be  ap- 
plied to  its  payment.  The  costs  of  such  insurance  may  be  paid  by  the 
association  from  time  to  time  when  due,  and  deducted  from  the  amount 
standing  to  the  credit  of  the  borrower  on  his  stock,  or  from  his  sub- 
sequent payments,  the  same  as  other  assessments.  Other  arrangements 
may  be  made  for  the  payment  of  such  insurance  by  the  consent  of  all 
parties. 

§  21.  Failure  to  give  security  for  loan.]  In  case  the  bor- 
rower shall  neglect  to  offer  security,  or  shall  offer  security,  that  is  not 
approved  by  the  board  of  directors,  by  such  time  as  the  by-laws  may 
prescribe,  he  or  she  may  be  charged  with  one  month's  interest,  together 
with  any  expenses  incurred,  and  the  money  may  be  resold  at  the  next 
stated  meeting.  In  case  of  nonpayment  of  installments  or  interest  and 
fines  by  borrowing  stockholders  for  the  space  of  six  months,  payment 
of  principal  and  interest  and  fines  without  deducting  the  premium  paid 
or  the  interest  thereon,  may  be  enforced  by  proceedings  against  their 
securities  according  to  law,  upon  the  order  of  the  board  of  directors. 

§  22.  Payment  of  loan — when  premium  refunded.]  In  the 
event  of  the  repayment  of  a  loan  before  the  expiration  of  the  eighth 

—20  L 


306  CORPORATIONS. 


year  after  the  date  of  issue  of  the  stock  in  such  association  on  which 
the  loan  may  have  been  made,  when  the  premium  has  been  deducted  in 
advance,  there  shall  be  refunded  to  the  borrower  one  eighth  of  the 
premium  paid  for  every  year  of  the  said  eight  years  then  unexpired. 

§    23.      PREMIUMS,   EINES,   ETC.,    NOT   USURIOUS — STOCK   AND   NOTES 

not  to  be  taxed.]  Corporations  organized  under  this  Act  being  of 
the  nature  of  co-operative  associations,  therefore  no  interest,  premiums, 
fines,  nor  interest  on  such  premiums  that  may  accrue  to  said  corpora- 
tion, according  to  the  provisions  of  this  Act,  shall  be  deemed  usurious 
and  the  same  may  be  collected  as  other  debts  of  like  amount  may  be  col- 
lected by  laws  in  this  State,  and  all  money  paid  to  such  corporation 
being  at  once  loaned  out  and  placed  into  taxable  property,  and  the 
shares  of  stock  and  notes  provided  for  in  this  Act  being  simply  evidence 
as  to  where  such  money  has  been  placed,  therefore  such  stock  and  notes 
shall  not  be  subject  to  taxation. 

§  24.  May  purchase,  etc.,  real  estate — when.]  Any  mutual 
building,  loan  or  homestead  association,  incorporated  by  and  under 
this  Act,  is  hereby  arthorized  and  empowered  to  purchase  at  any  sheriff's 
or  other  judicial  sale,  or  at  any  other  sale,  public  or  private,  any  real 
estate  upon  which  such  association  may  have  or  hold  any  mortgage,  lien 
or  other  encumbrance,  or  in  which  said  association  may  have  an  interest, 
and  the  real  estate  so  purchased,  to  sell,  convey,  lease,  mortgage  or  ex- 
change for  other  real  estate  and  to  dispose  of  such  real  estate  so  ac- 
quired at  pleasure  to  any  person  or  persons  whomsoever. 

Any  such  association  shall  have  power  to  acquire  and  hold  real 
estate  whereon  there  is  or  may  be  erected  a  building  or  buildings  suit- 
able for  the  convenient  transaction  of  its  business,  from  portions  of 
which,  not  required  for  its  own  use,  a  revenue  may  be  derived;  pro- 
vided that  the  amount  so  invested  shall  not  exceed  five  (5)  per  centum 
of  its  assets. 

§  25.  Consolidation  of  associations.]  Any  two  or  more  as- 
sociations of  this  State  may  consolidate  into  a  single  corporation  by  a 
vote  of  the  holders  of  a  majority  of  the  shares  in  force  in  each  of  the 
different  associations  at  any  regular  or  special  meeting  of  the  stock- 
holders of  each  association  called  for  that  purpose,  of  which  at  least 
thirty  days  .notice  shall  have  been  given  to  each  member,  the  consolida- 
tion to  be  upon  such  terms  as  shall  be  mutually  agreed  upon  by  the 
directors  of  such  associations,  and  such  terms  shall  be  plainly  set  forth 
to  each  member  in  the  notice  of  such  meeting.  Any  member  not  con- 
senting to  such  consolidation  shall  be  entitled  to  receive  the  withdrawal 
value  of  his  shares  in  the  manner  provided  for  voluntary  withdrawals, 
or,  if  he  is  a  borrower,  to  have  such  value  applied  in  part  settlement  of 
his  loan. 

§  26.  Existence  may  be  extended.]  Any  mutual  building, 
loan  or  homestead  association  incorporated  under  this  Act,  or  any  prior 
Act,  may  extend  the  duration  of  time  for  which  such  association  was 
organized,  increase  or  decrease  its  capital  stock,  or  change  its  name, 
or  the  number  of  directors,  by  a  vote  of  the  majority  of  the  capital 
stock  of  such  association  at  any  meeting  of  the  stockholders  of  such 
association;  thereupon  the  board   of  directors  shall   transmit  a  copy 


CORPORATIONS.  307 


of  the  proceedings  of  such  meeting,  duly  attested,  to  the  Auditor  of 
Public  Accounts,  who  shall  issue  his  certificate  as  provided  in  section 
5  of  this  Act,  certifying  to  the  extension  of  time  of  duration  of  such 
association,  and  the  same  shall  be  recorded  as  provided  in  said  section 
5  of  this  Act.  And  any  association  incorporated  under  any  prior  Act,  and 
extending  the  duration  of  time  for  which  it  was  incorporated,  in  the 
manner  herein  provided,  shall  be  deemed  as  incorporated  under  and 
be  vested  with  all  the  powers  given  in  this  Act,  the  same  as  if  such 
association  had  been  originally  incorporated  under  it. 

§  27.  Annual  reports  to  auditor — penalties  for  not  mak- 
ing, or  making  false  or  wrong  reports.]  The  secretary  of  every 
association  doing  business  within  this  State  shall,  within  60  days  next 
after  the  close  of  each  fiscal  year  of  such  association,  file  with  the  Audi- 
tor of  Public  Accounts  of  the  Stae  of  Illinois,  with  a  fee  of  two  dollars 
($2.00),  a  detailed  statement  of  the  receipts  and  expenditures  of  such 
association  for  one  year  next  preceding  the  date  of  such  report,  its 
assets  and  liabilities,  including  in  such  liabilities  all  sums  due  for  gross 
premium  unearned;  the  number  of  shares  issued,  withdrawn,  matured, 
retired  and  loaned  on  during  the  year;  the  number  of  shares  or  cer- 
tificates in  force,  number  of  shares  loaned  upon,  installments  per  share 
or  certificate,  profits  per  share  or  certificate,  and  the  value  per  share 
or  certificate  at  the  date  of  such  statement,  which  statement  shall  be 
in  such  form  as  shall  be  prescribed  by  said  Auditor.  Such  statement 
shall  exhibit  in  full  each,  all  and  every  of  the  receipts  from  whatsoever 
source  received,  and  each,  all  and  every  of  the  expenditures  of  such 
association,  including  all  expenses  of  management.  All  of  such  state- 
ments shall  be  sworn  to  by  the  secretary  before  some  officer  authorized 
by  the  laws  of  this  State  to  administer  oaths,  and  certified  to  by  a 
committee  of  three  or  more  members  of  such  association,  not  officers 
thereof,  or  by  some  public  accountant  appointed  by  the  board  of  direc- 
tors. A  copy  or  abstract  of  each  such  statement,  and  also  of  every  other 
periodical  statement,  shall  be  either  mailed  to  each  shareholder  or 
published  in  some  newspaper  regularly  issued  in  the  county  in  which 
such  association  is  located  within  60  days  next  after  the  same  shall  be 
compiled.  Any  secretary  who  shall  wilfully  neglect  or  refuse  to  file  such 
statement,  shall  be  subjected  to  a  fine  of  not  less  than  twenty-five  dol- 
lars ($25.00)  nor  more  than  two  hundred  dollars  ($200.00)  for  each 
neglect  or  refusal  to  furnish  such  statement.  The  same  may  be  re- 
covered in  any  court  having  competent  jurisdiction  in  the  name  of 
the  People  of  the  State  of  Illinois,  on  the  relation  of  the  said  Audi- 
tor of  Public  Accounts,  for  the  benefit  of  the  county  wherein  xaid 
association  is  located,  or  in  which  such  secretary  may  reside. 

§  28.  Duties  of  auditor— fees.]  It  shall  be  the  duty  of  the 
Auditor  of  Public  Accounts,  in"  person,  or  by  one  or  more  persons,  to 
be  by  him  appointed  for  that  purpose,  not  officers  or  agents  of,  or  in 
any  manner  interested  in  such  association,  except  as  shareholders,  at 
least  once  in  each  year,  to  examine  into  the  affairs  of  every  such  as- 
sociation incorporated  in  this  State,  or  doing  business  by  its  agents  in 
this  State,  and  it  shall  be  the  duty  of  the  officers  or  any  agents  of  any 
such  associations  to  cause  their  -books  to  be  opened  for  inspection  of 


308  CORPORATIONS. 


the  Auditor  or  person  or  persons  so  by  him  appointed,  and  otherwise 
facilitate  such  examination  so  far  as  it  may  be  in  their  power  so  to  do, 
and  for  that  purpose  the  Auditor  or  person  or  persons  so  appointed  by  him 
shall  have  power  to  examine,  under  oath,  the  officers  and  agents  of  such  as- 
sociation relative  to  the  business  of  such  association,  and  whenever  the 
Auditor  of  Public  Accounts  shall  deem  it  for  the  best  interests  of  the 
public  so  to  do  he  shall  publish  the  result  of  any  investigation  in  one 
or  more  newspapers  in  general  circulation,  published  in  the  county  in 
which  the  principal  office  of  such  association  is  located,  and  annually, 
on  or  before  the  first  day  of  December  of  each  year,  the  Auditor  of 
Public  Accounts  shall  report  in  writing  to  the  Governor  the  financial 
condition  of  all  such  associations  doing  business  in  this  State.-  Said 
Auditor  shall  receive  for  each  such  examination  made  by  him  in  person 
or  by  deputy  his  reasonable  compensation  and  expenses  and  said  com- 
pensation and  expenses  shall  be  paid  by  the  association  so  examined. 

§  29.  Apportionment  of  profits — contingent  fund — divi- 
dends— undivided  profit  fund.]  The  {profits  and  losses  of  associa- 
tions doing  business  in  this  State  shall  be  apportioned  at  least  annually, 
and  as  much  oftener  as  the  by-laws  shall  provide. 

At  each  periodical  apportionment  of  profits  the  directors  shall  re- 
serve as  a  guarantee  or  contingent  fund  a  sum  not  less  than  one  per 
centum  nor  more  than  five  per  centum  of  the  net  profits  accruing  since 
the  last  prior  preceding  apportionment,  until  such  fund  amounts  to 
five  per  centum  of  the  dues  capital,  which  fund  shall  at  all  times  there- 
after be  maintained  and  held  at  not  less  than  said  five  nor  more  than 
ten  per  centum  of  the  dues  capital ;  and  said  fund  shall  at  ail  times  be 
available  to  meet  losses  in  the  business  of  the  association  from  depre- 
ciation of  its  securities  or  otherwise. 

A  further  portion  of  such  earnings  to  be  determined  by  the  board 
of  directors,  shall  be  transferred  as  a  dividend,  in  such  proportion  to 
the  credit  of  all  members  as  the  by-laws  shall  provide,  to  be  paid  to 
them  at  such  time  in  such  manner  as  the  by-laws  provide.  Any  resil'ie 
of  such  earnings  may  be  held  as  undivided  profits  to  be  used  as  other 
earnings,  except  that  such  undivided  profit  fund  shall  at  no  time  exceed 
three  per  centum  of  the  total  assets  of  the  association. 

§  30.  Auditing  committees — compensation  allowed.]  Any 
such  association  may  allow  reasonable  compensation  to  its  auditing 
committees  for  their  services  as  such,  or  to  such  public  accountants  ap- 
pointed by  the  board  of  directors  in  making  an  examination  of  any 
such  association. 

§  31.  Auditor — -duty — when  assets  .  are  impaired.]  When 
it  shall  appear  to  the  Auditor  of  Public  Accounts  that  the  assets  of 
any  association  doing  business  in  this  State  are  impaired  to  the  extent 
that  such  assets  do  not  exceed  the  clues' paid  on  the  shares  with  interest 
thereon  at  the  rate  of  three  per  centum  per  annum  for  the  average 
time  invested  or  that  it  is  conducting  its  business  in  a  fraudulent,  il- 
legal or  unsafe  manner,  he  may  direct  the  Attorney  General  to  file  a 
bill  in  the  Circuit  Court  of  the  county  in  which  said  association  is 
located  in  the  name  of  the  People  of  the  State  of  Illinois  against  said 
association  and  its  directors  for  the  dissolution  of  said  association  and 


CORPORATIONS.  309 


for  an  injunction  and  for  the  appointment  of  a  receiver  for  the  wind- 
ing up  of  the  ait'airs  of  said  association  and  said  court  upon  presenta- 
tion of  said  bill  and  upon  being  made  satisfied  that  the  assets  of  said 
association  have  become  impaired  to  such  an  extent  that  it  can  not  be 
made  good  or  that  such  association  is  being  conducted  in  an  illegal, 
fraudulent  and  unsafe  manner,  shall  immediately  appoint  a  competent 
and  disinterested  person  as  receiver  of  said  association  and  shall  de- 
termine and  fix  his  bonds  and  prescribe  his  duties,  and  said  cause  shall 
proceed  as  other  cases  in  equity. 

And  no  bill  shall  be  filed  nor  proceedings  commenced  in  any  court 
for  the  dissolution  or  for  the  winding  up  of  the  affairs  or  for  the  ap- 
pointment of  a  receiver  for  such  association  on  the  grounds  of  in- 
solvency or  impairment  of  the  assets  of  such  association  or  on  the 
grounds  that  such  association  is  being  conducted  in  an  illegal,  fraudu- 
lent or  unsafe  manner,  except  in  the  name  and  by  the  authority  of  the 
Auditor  of  Public  Accounts  represented  by  the  Attorney  General. 

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

§  32.  Auditor — receiver— special  meeting  of  stockholders 
—report.]  The  Auditor  of  Public  Accounts  at  the  time  of  the  ap- 
pointment of  a  receiver  as  provided  in  section  31  of  this  Act  for  any 
association  as  herein  provided  shall  within  ten  days  next  after  the  ap- 
pointment of  such  receiver,  convene  a  special  meeting  of  the  share- 
holders for  the  purpose  of  considering  and  acting  upon  such  matters 
as  to  such  special  meeting  shall  seem  best.  Notice  of  such  special  meet- 
ing shall  be  given  in  the  manner  and  form  provided  in  section  39  of 
this  Act  for  the  calling  of  special  meetings  of  shareholders.  At  such 
meeting  said  Auditor  shall  present  a  full  report  of  the  affairs  and  con- 
dition of  such  association  as  found  by  him  from  his  examination  there- 
of or  as  made  to  him  by  such  receiver. 

§.33.  Eeceiver — duties  of — reports — -compensation.]  Such 
receiver  shall  take  possession  of  the  books,  records  and  assets  of  every 
description  of  such  association  and  pending  the  further .  proceedings 
specified  in  this  account,  shall  prepare  or  have  prepared  a  full  and  true 
exhibit  of  the  affairs,  property  and  conditions  of  such  association  in- 
cluding an  itemized  statement  of  all  of  its  assets  and  liabilities  and 
shall  receive  and  collect  all  debts,  dues  and  claims  belonging  to  it;  and 
may,  under  the  direction  of  the  court  so  appointing  him,  pay  the  im- 
mediate and  reasonable  expenses  of  his  trust,  including  his  own  com- 
pensation at  not  to  exceed  the  sum  of  $10.00  per  diem.  Such  receiver 
shall  also  receive  and  receipt  for  all  monthly  payments  becoming  due 
after  the  date  of  his  appointment  and  shall  keep  the  same  separate  and 
apart  from  the  other  moneys  and  effects  of  such  association. 

§  34.  Meeting  of  shareholders — reorganize— new  manage- 
ment.] If  at  the  special  meeting  of  the  shareholders  to  be  called  as 
herein  provided  the  shareholders  of  such  association  shall  vote  to  re- 
organize such  association,  then  the  said  receiver  shall  upon  the  eon- 
summation  of  the  reorganization  thereof  turn  over  to  the  new  man- 


310  CORPORATIONS. 


agement  all  books,  papers  and  effects  of  every  description  in  his  hands 
belonging  to  such  association  and  shall  report  his  proceeding  in  the 
matter  to  the  court  so  appointing  him. 

§  35.  Voluntary  liquidation — duty  of  auditor  and  receiv- 
er.] If,  at  the  special  meeting  of  the  shareholders,  to  be  called  and 
held  as  herein  provided,  such  shareholders  shall  vote  to  go  into  volun- 
tary liquidation,  or  to  otherwise  close  up  or  discontinue  the  business  of 
such  association,  such  receiver  shall,  when  the  said  Auditor  shall  so 
order  and  direct,  return  to  the  shareholders  all  monthly  payments  re- 
ceived and  receipted  for  by  him  and  which  became  due  and  payable 
after  the  date  of  his  appointment;  and  all  books,  papers  and  effects  of 
every  description  in  his  hands  belonging  to  such  association  not  so 
returnable,  shall,  when  the  Auditor  shall  so  order  and  direct,  be  turned 
over  and  delivered  to  the  person  or  persons 'entitled  thereto. 

§  36.  If  the  auditor  einds  that  association  cannot  be  re- 
organized— TO  report  to  attorney  general — duty  of  attorney 
general — proceedings.]  If  the  Auditor  of  Public  Accounts  after  the 
appointment  of  such  receiver  and  after  having  called  a  meeting  of  the 
shareholders  as  in  this  Act  provided,  shall  find  that  the  association  can- 
not be  reorganized  or  that  voluntary  liquidation  by  the  shareholders 
cannot  be  had  or  consummated,  he  shall  report  the  same  to  the  Attor- 
ney General,  whose  duty  it  shall  then  become  to  at  once  apply  to  the 
court  or  judge  appointing  such  receiver  for  an  order  authorizing  said 
receiver  to  proceed  to  the  dissolution  of  such  association,  and  the  wind- 
ing up  of  its  business  under  the  direction  of  said  court  in  accordance 
with  equity  and  justice  to  all  parties  interested,  and  said  association 
through  such  receiver  shall  forthwith  cease  to  do  any  business  other 
than  the  winding  up  of  the  business  of  such  association. 

§  37.  When  association  may  reorganize  or  go  into  voluntary 
liquidation.]  Any  association  may  reorganize  or  go  into  voluntary 
liquidation  by  the  votes  of  its  shareholders  owning  at  least  two-thirds  of 
the  shares  in  force  at  the  time  such  vote  is  taken.  Whenever  share- 
holders shall  desire  to  reorganize  or  to  go  into  voluntary  liquidation, 
it  shall  be  the  duty  of  the  board  of  directors  of  such  association,  or  of 
a  committee  of  shareholders  appointed  for  the  purpose,  to  submit  the 
question  of  such  reorganization  or  voluntary  liquidation  to  a  vote  of 
the  shareholders  at  a  special  meeting  of  such  shareholders  to  be  called 
and  held  as  herein  provided. 

§  38.  When  a  meeting  of  shareholders  to  be  called — notice 
to  be  given.]  Whenever  a  meeting  of  the  shareholders  is  to  be  called 
for  the  purpose  aforesaid,  it  shall  be  the  duty  of  the  board  of  directors, 
or  of  said  committee,  to  convene  a  special  meeting  of  the  shareholders 
at  the  principal  office  of  the  association,  at  such  time  as  such  directors 
or  committee  shall  fix  and  determine.  Notice  of  such  meeting  shall  be 
given  to  every  member  of  the  association  by  depositing  in  the  post- 
office,  at  least  ten  days  before  the  time  fixed  for  such  meeting,  a  notice 
properly  addressed  to  each  shareholder  at  the  last  recorded  address  of 
such  shareholder.  The  directors  or  committee  shall  also  cause  a  notice 
of  such  meeting  to  be  certified  to  the  Auditor  of  Public  Accounts  at 
the  same  time  that  notice  is  given  to  the  shareholders. 


CORPORATIONS.  311 


§  39.  Directors  to  present  exhibit  of  the  affairs — to  be 
printed.]  Such  directors  or  committees  shall  prepare,  or  have  pre- 
pared, a  full  and  true  exhibit  of  the  affairs,  property  and  condition  of 
such  association,  including  an  itemized  statement  of  its  assets  and 
liabilities,  which  exhibits  shall  be  sworn  to  by  a  majority  of  said  direc- 
tors, or  ctf  said  committee,  before  some  officer  authorized  to  administer 
oaths  in  this  State,  such  exhibit  and  report  to  be  printed  and  a  copy 
thereof  mailed  with  the  notice  convening  such  special  meeting.  Such 
original  exhibit,  sworn  to  as  herein  provided,  shall  be  filed  with  the 
Auditor  of  Public  Accounts  of  this  State,  with  a  notice  of  such  meet- 
ing at  the  time  that  they  are  mailed  to  the  shareholders. 

§  40.  Voting — adoption  of  resolution  to  reorganize  or 
liquidate.]  At  such  meeting  all  votes  shall  be  by  ballot,  and  the  vote 
of  shareholders  owning  at  least  two-thirds  of  the  shares  in  force  at  the 
time  such  vote  is  taken  shall  be  necessary  to  carry  any  resolution  for  the 
reorganization  or  liquidation  of  such  association ;  and  if,  at  such  meeting, 
said  shareholders  shall,  in  the  manner  herein  provided,  pass  a  resolution 
for  the  reorganization  or  liquidation  of  such  association,  a  copy  of  such 
resolution,  duly  certified  by  the  presiding  officer  and  secretary  of  such 
meeting,  shall  be  given  to  and  shall  contain  full  instructions,  and  define 
the  authority  and  compensation  of  the  party  or  parties  named  therein,  to 
answer  and  discharge  the  duties  entrusted  to  them  by  such  resolution ; 
and  a  like  duly  certified  copy  of  such  resolution,  instructions  and 
authority  shall  immediately  be  filed  with  the  Auditor  of  Public  Ac- 
counts, by  the  party  or  parties  named  in  such  resolution,  before  they 
shall  enter  upon  the  discharge  of  their  trusts.  Before  the  party  or 
parties  named  in  such  resolution  shall  assume  the  duties  of  their  trust, 
they  shall  become  bonded  with  two  or  more  good  and  sufficient  sureties, 
or  in  some  good  and  responsible  fidelity  insurance  company,  in  such 
sum  as  the  Auditor  of  Public  Accounts  of  this  State  shall  require  and 
approve. 

§  41.  Power  of  shareholders  at  special  meetings.]  At  such 
meeting  the  shareholders,  by  a  majority  vote  of  the  shares  in  force  at 
the  time  such  vote  is  taken  (cast  by  ballot)  may  declare  vacant  the 
office  of  the  entire  board  of  directors,  and  of  all  officers  of  such  associa- 
tion, and  may  at  the  same  time  proceed  to  the  election  of  a  new  board 
of  directors,  who,  in  the  absence  of  a  special  committee  being  named 
in  the  resolution  to  be  adopted  by  the  shareholders  as  hereinbefore  in 
section  40  provided,  shall  have  charge  and  direction  of  the  reorganiza- 
tion or  liquidation  of  the  affairs  of  such  association. 

§  42.  Resolution  passed  by  such  special  meeting — complete 
record  of  all  proceedings  to  be  made — REPORT — notice  to  be  pub- 
lished.] Upon  the  completion,  by  the  person  or  persons  named  in 
the  aforesaid  resolution,  passed  at  such  meeting  of  shareholders,  of  the 
duties  entrusted  to  them  in  such  resolution,  they  shall  cause  a  com- 
plete record  of  all  proceedings  to  be  made,  reciting  therein  the  adoption 
of  the  resolution  to  that  effect,  which  shall  also  "show  that  all  claims, 
demands  and  debts  for  and  against  the  association  have  been  fully  set- 
tled, the  corporate  liabilities  completely  discharged,  and  the  corporate 
assets  and  property  distributed  among  all  the  persons  entitled  thereto. 


312  CORPORATIONS. 


Said  report  and  record  shall  be  filed  in  the  office  of  the  Auditor  of  Pub- 
lic Accounts,  and'  a  notice  of  such  dissolution  published  for  three  suc- 
cessive weeks  in  some  newspaper  published  in  the  county  wherein  the 
principal  office  of  such  association  is  located,  and  upon  the  filing  of 
such  report,  and  making  publication  as  aforesaid,  such  association  shall 
be  deemed  dissolved :  Provided,  that  when  an  association  has  wound  up 
its  affairs  and  discontinued  business  without  entering  upon  voluntary 
liquidation,  as  provided  in  this  Act,  the  directors  shall  likewise  file 
with  the  Auditor  of  Public  Accounts  a  report  and  record,  and  publish 
a  notice  of  dissolution,  as  hereinabove  provided,  and  thereupon  said  as- 
sociation shall  be  deemed  to  be  dissolved. 

§  43.  When  receiver  may  be  appointed.]  Eeceivers  may  also 
be  appointed  whenever  nine  or  more  shareholders  of  any  association  shall 
file  a  petition  in  the  Circuit  Court  of  the  county  in  which  the  principal 
office  of  such  association  is  located,  setting  forth  the  facts  relied  upon 
for  the  appointment  of  a  receiver.  Such  petition  shall  be  subscribed  and 
sworn  to  by  such  petitioners,  and  shall  be  accompanied  by  a  good  and 
sufficient  bond,  conditioned  for  the  payment  of  all  fees,  expenses  and 
attorney's  fees  incident  to  such  proceeding  or  proceedings,  in  the  event 
the  allegations  set  forth  in  the  petition  shall  not  be  sustained,  the 
amount  of  such  bond,  and  the  .  sureties  thereof,  shall  be  approved  by 
the  court,  and  the  case  shall  thereupon  proceed  as  other  causes  in  equity.* 

§  44.  Eepeal.]  The  Act,  entitled,  "An  Act  to  enable  associations 
of  persons  to  become  a  body  corporate  to  raise  funds  to  be  loaned  only 
among  the  members  of  such  association/'  in  force  July  1,  1879,  and  all 
amendments  thereto  and  all  other  Acts  or  parts  of  Acts  in  conflict  with 
this  Act  are  hereby  repealed;  provided,  that  this  section  shall  not  affect 
any  rights  existing  or  actions  pending,  or  mortgages,  trust  deeds,  notes, 
contracts,  or  shares,  in  force  at  the  time  this  Act  shall  take  effect. 

Filed  June  19,  1919. 

This  bill  having  remained  with  the  Governor  ten  days,   Sundays  excepted,   the 
Qeneral  Assembly  being  in  session,   it  has  thereby  become  a  law. 
"Witness  my  hand  this  nineteenth  day  of  June.  A.   D.   1919. 

Louts  L.  Emmerson,  Secretary  of  State. 


CORPORATIONS   FOR   PECUNIARY  PROFIT. 

The   General  Corporation  Act.  §      10.     Acquirement  of  real   estate  pro- 

hibited. 
For  all  lawful  purposes — excep- 
tions. §      11.     Unimproved     real     estate — limit 


Organized  for   specific  purposes. 


for   holding. 


12.     Real     estate     holdings — manner 
Incorporation   and    organization.  of   disposition. 

Secretary  of  State  to  file  papers        §  13.     Banking    business — exceptions, 
and   issue   certificate. 

§  14.     Expiration    by    limitation — time 
Powers.  given   to   close    business. 

Stock    of    building    corporations        §  15      Directors— meetings— election, 
or   agency   and   loan   corpora- 
tions— cannot    acquire.                      „  ,  „      T_,.  ,  ■    . 

§  16.     Directors — real    estate    lmprove- 

§        9.     Loans    on    stock    or    acquisition  ment   corporation, 
by  agency   and   loan   corpora- 
tions— prohibited.                                  §  17.     Directors — number- — residence. 


CORPORATIONS. 


313 


§  18. 

§  19. 

§  20. 

§  21. 

§  22. 

§  23. 

§  24. 

§  25. 

§  26. 

§  27. 


§  29. 

§  30. 

§  31. 

§  32. 

§  33. 

§  34. 

§  35. 

§  36. 

§  37. 

§  38. 

§  39. 

§  40. 

§  41. 

§  42. 

§  43. 


CORPORATIONS  FOR  PECUNIARY 

election — term   of   of-        S      44. 


Directors 
fice. 


Directors — meeting 
State. 


without 


Directors — quorum. 

Directors — powers    and    duties. 

Officers. 

Directors — liability   for    debt. 

Corporate   name. 

Dissolution — name   available. 

By-laws — provisions. 

Place  of  business  in  State  re- 
quired— change    of    address.- 

Issue  of  stock — provisions — 
filed  by   Secretary  of  State. 

Certificate  of  stock  to  stock- 
holder. 

Certificate  of  stock — amount  re- 
ceived for  same  to  be  stamped 
thereon. 

Certificate  of  stock — par  value 
— per  cent  paid  and  further 
payments  to  be  stamped 
thereon — false  statement — lia- 
bility. 

Subscriptions  for  stock — pay- 
ments— sale  of  no  par  value 
stock — regulations. 

Capital    stock — increase. 

Capital    stock — reduction. 

Real  estate  improvement  cor- 
poration— stockholder  must  be 
resident  of  county  or  inherit 
stock.  Co-operative  associa- 
tion— limit  of  ownership  of 
stock. 

Real  estate  improvement  corpo- 
ration— liability  for  indebted- 
ness. 

Stock  books — open  to  examina- 
tion of  stockholders. 

Examination  of  books  and 
records — penalty  for  refusal 
— defense. 


meetings — proxies 


Stockholders' 
— quorum. 


Stockholders'   meetings — call  for 
special  meetings. 

Stockholders'     meetings — to     be 
held  in  State. 

Directors — elected       at       annual 
meeting  of   stockholders. 

Directors — election  after  annual 
meeting — failure    to    elect. 


45. 
46. 

47. 
48. 
49. 
50. 


52. 
53. 


§  54. 

§  55. 

§  56. 

§  57. 

§  58. 

§  59. 

§  60. 

§  61. 

§  62. 

§  63. 

§  64. 

§  65. 

§  66. 

§  67. 

§  68. 

§  69. 

§  70. 


PROFIT — Continued. 

List  of  stockholders  to  be  made 
ten  days  before  each  election 
— stock  ledger  only  evidence 
of   stockholders. 

Who   may   vote   stock. 

Corporations  holding  stock — 
how  voted. 

Stock   that   cannot   be   voted. 

Elections  by   ballot. 

Voting  by  proxy. 

Directors — manner  of  voting  for 
same. 

Insolvency — liability  of  stock- 
holder. 

List  of  stockholders  furnished 
after  bankruptcy  proceedings. 

Insolvency — stockholders  to  pay 
pro  rata  share  of  indebted- 
ness. 

Jurisdiction  of  courts — receiver 
— bond. 

Claims    of    creditors — filing. 

Assignee  or  transferee  of  stock 
— liability. 

Executors,    etc.   not  liable 

Amendment  of  articles  before 
completion    of    organization. 

Amendment  of  articles — special 
meeting  for  action. 

Change  of  place  of  business 
when  located  for  a  considera- 
tion. 

Changes  contrary  to  charter 
provisions,    prohibited. 

Amendment  of  articles — two- 
thirds   vote   required. 

Amendment  of  articles — when 
and   how   effective. 

Amendment  of  articles — not  to 
effect  suits  or  rights  of  others. 

Merger  and  consolidation — 
name. 

Merger  and  consolidation — those 
unlawful    specified. 


Merger    and    consolidation- 
made   and   effected. 


-how 


Merger   and   consolidation — pub- 
lication of  notice. 


Merger    and    consolidation- 
bility — duties — powers. 


-lia- 


Merger  and  consolidation — not 
to  effect  rights  of  single  cor- 
porations. 


314 


CORPORATIONS. 


CORPORATIONS  FOR  PECUNIARY  PROFIT— Continued. 


§  71. 

§  72. 

§  73. 

§  74. 


§  76. 

§  77. 

§  78. 

§  73. 

§  80. 

§  81. 

§  82. 

§  83. 

§  84. 

§  85. 


§ 

86. 

§' 

87. 

§ 

88. 

§ 

89. 

§ 

90. 

§ 

91. 

92. 


Merger  and  consolidation — 
rights  of  creditors  and  any 
pending    actions    not    affected. 

Merger  and  consolidation — issue 
of  bonds  and  stock. 

Merger  and  consolidation — ob- 
jecting stockholder  —  rights 
protected. 

Dissolution — prior  to  commence- 
ment   of    business — filing    cer- 
tificate. 

Dissolution — method  of  proced- 
ure. 

Forfeit  of  charter. 

Certificate    revoked. 

Building  corporations — forfeit 
right  to  erect  building — cor- 
porate  existence   to   cease. 

Dissolution — s  u  i  t  s  may  be 
brought  within  two   years. 

Foreign  corporations  —  certifi- 
cate  of  authority. 

Foreign  corporations  —  certifi- 
cate of  authority — how  ob- 
tained. 

Foreign  corporations  —  certifi- 
cate— Secretary  of  State  to 
issue. 

Foreign  corporations — name. 

Foreign  corporations — kind  of 
business  permitted — r  ights 
same  as  domestic  corpora- 
tions. 

Foreign  corporations — copy  of 
charter  and  amendments 
thereto  must  be  filed  with 
Secretary    of    State. 

Foreign  corporations — new  cer- 
tificates. 

Foreign  corporations — location 
of  office — agent  for  service  of 
legal  process. 

Foreign  corporations — real  es- 
tate holdings — mortgage  of 
property. 

Foreign  corporations — entitled 
to  provisions  of  limitations  of 
actions — liability  for   debt. 

Foreign  corporations  —  with- 
drawal from  State. 

Foreign  corporations  —  service 
of  process  may  be  had  on 
Secretary  of  State. 

Foreign  corporations  —  license 
may  be   revoked. 


§  93.  Foreign  corporations — revoking 
certificate  of  authority — pro- 
cedure by   Secretary  of  State. 

§  94.  Foreign  corporations- — failure  to 
secure  certificate  of  authority 
— penalty  and  prosecution. 

§  96.  Fees  and  franchise  taxes — ini- 
tial   fees — fees    on    increases. 

§  97.  Fees — amendment  to  articles  of 
incorporation — certified  copies 
— certificate  of  dissolution — 
railroad  agreements — certifi- 
cate of  extension — amend- 
ment of  certificate  before  or- 
ganization— statement  regard- 
ing  issuing   of  stock. 

§  98.  Fees — Secretary  of  State  not  to 
file  until   same   is  paid. 

§  99.  Fees — renewing  charter  or  ex- 
tending term  of  existence  of 
public    utility    corporation. 

§  100.  Fees — service  of  process  on 
Secretary  of  State. 

§   101.     Fees — foreign    corporations. 

§  102.  Corporations  not  for  pecuniary 
profit — annual  reports — Secre- 
tary of  State  to  furnish  forms 
for  reports — Secretary  of 
State  to  pubUsh  list  of  corpo- 
rations making  annual  report. 

§  103.  Supplemental  reports — Secre- 
tary  of    State   may  require. 

§  104.  Annual  reports — when  filed — 
penalty    ft>r    failure    to    file. 

§  105.  Annual  license  fee  or  franchise 
tax — amounts  specified. 

§  106.  Authorized  capital  stock  repre- 
sented by  business  and  prop- 
erty located  in  State — how  as- 
certained— License  fee  re- 
quired by  telephone,  cable, 
railroad  and  pipe  line  com- 
panies— how    ascertained. 

§  107.  Annual  franchise  tax  when  no 
business  is  done  in  or  no 
tangible  property  is  located 
in    State. 


tax — when 


§    108.      Annual       franchise 
due  and  payable. 

§  109.  Annual  franchise  tax — Secre- 
tary of  State  to  compute 
same  from  annual  report 
filed. 

§  110.  Annual  franchise  tax — refusal 
to  file  annual  report — how  tax 
assessed. 

§  111.  Objections  to  assessments — ■ 
Secretary  of  State  to  hear 
and  determine. 


C0RP0HAT10NS. 


315 


§  112. 

§  113. 

§  U4. 

§  115. 

§  116. 
§    117. 

§    118. 

§  119. 

§  120. 

§  121. 

§  122. 

§  123. 
§  124. 
§    125. 

§   126. 

§    127. 

§    128. 

§  129. 

§  130. 

§  131. 

§  132. 


CORPORATIONS  FOR  PECUNIARY 

§   133. 


Annual  franchise  tax — notice  of 
amount  to  be  mailed  by  Secre- 
tary  of   State. 

Annual  franchise  tax — duty  of 
officer  making  same  to  col- 
lect. 

Annual  franchise  tax — when 
payable — penalty  for  failure 
to   pay. 

Annual  franchise  tax — prior 
and  first  lien  on  real  and  per- 
sonal property.  Secretary  of 
State  to  keep  complete  record. 

Annual  franchise  tax — refusal 
to   pay — procedure. 

Annual  franchise  tax — Secre- 
tary of  State  through  the 
Attorney  General  may  insti- 
tute   an   action    of   debt. 

Annual  franchise  tax — refusal 
to  pay  or  file  annual  report — 
procedure  for  dissolution  of 
corporation. 


Process     of 
tained. 


service — how     ob- 


Service  by  publication — when 
and  how  done. 

Service  by  publication — when 
and   times   published. 

Dissolution — practice  same  as 
cases   in   chancery — exception. 

Dissolution — how    completed. 

Service    by   publication — cost. 

Dissolution — payment  of  tax 
and  costs  and  filing  of  report 
shall  abate  suit. 

Annual  franchise  tax — certifi- 
cate to  Attorney  General  of 
names  who  have  refused  or 
neglected  to  pay — certificate 
of   payment   before   suit. 

Fees — no  proceeding  complete 
until  same  are  paid — failure 
to  pay  bars  filing  of  any 
papers. 

Foreign  corporations — failure 
to  pay  fees  and  taxes  a  bar 
to  doing  business  or  prose- 
cuting suits. 

Fees — additional  to  be  collected 
specified. 

Annual  franchise  tax — deemed 
additional  tax. 

Corporation  to  file  papers  with 
recorder   of    deeds. 

Secretary  of  State — powers — in- 
terrogatories  to   be   answered. 


§    134. 

§  135. 
§    136. 

§  137. 
§  138. 
§  139. 
§  140. 
§    141. 

§    142. 

§  143. 
§  144. 
§    145. 

§    146. 

§  147. 
§    148. 

§  149. 

§  150. 

§  151. 

§  152. 

§  153. 

§  154. 
§    155. 


PROFIT — Continued. 

Interrogatories- — failure  to  an- 
swer. 

Interrogatories — information  ob- 
tained not  open  to  public  in- 
spection— exceptions. 

Neglect  to  comply  with  pro- 
visions   of   Act. 

Forms  for  reports — Secretary 
of  State  to  prescribe  and  fur- 
nish. 


Tangible 
fined. 


property — term       de- 


Rights,       privileges, 
entitled  to. 


etc. — who 


Co-operative  associations — -may 
come  under  provisions  of  Act. 

Public  utilities — regulation  of, 
not   affected  by   this  Act. 

Riehts  of  State  reserved  regard- 
ing railroad  charters  hereto- 
fore  granted. 

Illinois  Central  Railroad  Com- 
pany— rights  of  State  pre- 
served. 


Regulations 
action. 


regarding       court 


Notices — method  of  service  and 
publication. 

Conies  of  articles  of  incorpora- 
tion and  other  papers  duly 
certified  by  Secretary  of  State 
— to  be  taken  as  prima  facie 
evidence  of  facts  therein 
stated. 

General  Assembly  to  have  power 
to  prescribe  regulations, 
amend,  repeal  or  modify  Act. 

Commerce  with  foreign  nations. 

Penalties — violation  of  powers 
— proceedings. 

Persons  operating:  as  pretended 
corporations — liability. 

False  statements — persons  lia- 
ble. 

False  statements  under  oath — 
penalty. 

Failure  to  file  papers  with  re- 
corder of  deeds — penalty. 

Failure  to  file  annual  report — 
penalty. 

Repeal   and   saving. 

Acts  applying  to  certain  cor- 
porations   specified. 


§   156.     Construction    of    statutes. 


316  CORPORATIONS. 


CORPORATIONS    FOR   PECUNIARY    PROFIT — Concluded.    - 

§   157.     Unconstitutional  or  invalid  parts        §   158.     Commissioners — completion       of 
of     Act     not     to     nullify     re-  organization, 

mainder. 

(House  Bill  No.  664.     Approved  June  28,  1919.) 

An  Act  in  relation  to  corporations  for  pecuniary  profit. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  this  Act  shall  be  known 
as  "The  General  Corporation  Act." 

Purposes  por  Which  Corporations  May  Be  Organizd. 

§  2.  Corporations  may  be  organized  in  the  manner  provided  in 
this  Act  for  any  lawful  purpose,  except  for  the  purpose  of  banking, 
insurance,  real  estate  brokerage,  the  operation  of  railroads,  or  the 
business  of  loaning  money. 

§  3.  Corporations  may  be  organized  hereunder  for  any  one  of  the 
following  purposes : 

"Building  corporations,"  for  acquiring,  owning,  erecting,  leasing 
or  operating  only  one  building  and  the  site  therefor  of  not  more  than 
eighty  thousand  square  feet  of  land;  "Agency  and  loan  corporations," 
for  the  purpose  of  acting  as  agents  for  others  in  the  purchase,  sale, 
renting,  and  management  of  real  estate  and  leasehold  interests  in  the 
operation  of  an  insurance  agency  business,  in  the  negotiation  of  loans 
on  real  estate  and  leasehold  interests,  of  lending"  money  on  bonds  or 
notes  secured  by  mortgages  or  trust  deeds  on  real  estate  or  leaseholds 
or  on  the  mortgage  bonds  of  industrial  or  railroad  companies  or  of  any 
public  service  corporation,  or  on  any  state,  municipal,  or  quasi- 
municipal  bonds,  or  for  the  purpose  of  buying,  selling,  pledging,  mort- 
gaging or  otherwise  dealing  in  any  of  such  securities; 

"Seal  estate  improvement  corporations,"  for  the  purpose  of  owning 
land,  erecting  residences  thereon,  and  selling  or  leasing  such  land  or 
residences,  which  land  so  owned  shall  be  situated  only  in  the  county  in 
which  its  principal  office  is  located. 

ISTo  corporation  organized  for  one  of  the  purposes  specified  in  this 
section  shall  have  any  other  object  or  purpose. 

Incorporation  and  Organization. 

§  4.  Whenever  three  or  more  adult  persons,  citizens  of  the  United 
States  of  America,  at  least  one  of  whom  shall  be  a  citizen  of  this  State, 
shall  desire  to  form  a  corporation  under  this  Act,  they  shall  sign,  seal 
and  acknowledge  before  some  officer,  competent  to  take  acknowledg- 
ment of  deeds,  a  statement  of  incorporation  setting  forth  the  following : 

(1)  The  names  and  postoffice  addresses  of  the  incorporators; 

(2)  The  name  of  the  proposed  corporation; 

(3)  A  clear  and  definite  statement  of  the  object  or  objects  for 
which  it  is  formed; 

(4)  The  period  of  duration; 

(5)  The  location  of  its  principal  office  in  this  State,  giving  town, 
or  city,  street  and  number,  if  any; 


CORPORATIONS.  317 


(6)  The  number  of  shares  into  which  the  capita]  stock  is  to  be 
divided,  whether  all  or  part  of  the  same  shall  have  a  par  value,  and  if 
so,  the  par  value  thereof,  which  shall  not  be  less  than  five  dollars,  nor 
more  than  one  hundred  dollars,  per  share,  and  whether  all  or  part  of 
the  same  shall  have  no  par  value,  and,  if  there  is  to  be  more  than  one 
class  of  stock  created,  a  description  of  the  different  classes,  the  number 
of  shares  in  each  class,  and  the  relative  rights,  interests  and  prefer- 
ences each  class  shall  represent; 

(7)  The  names  and  addresses  (giving  street  and  number)  of  the 
original  subscribers  to  the  capital  stock,  and  the  amount  subscribed  by 
each ; 

(8)  The  total  amount  of  authorized  capital  stock; 

(9)  The  amount  of  such  stock  which  it  is  proposed  to  issue  at 
once  (which  shall  not  be  less  than  one  thousand  dollars)  ; 

;  (10)  The  payment  of  at  least  one-half  of  the  capital  stock  having 
a  par  value  and  of  not  less  than  five  dollars  per  share  for  each  share  of 
capital  stock  having  no  par  value,  which  it  is  proposed  to  issue  at  once, 
with  a  description  of  the  nature  and  value  of  property,  if  any,  paid  for 
such  capital  stock; 

(11)  The  number,  names  and  postoffice  addresses  of  the  directors, 
by  street  and  number,  at  least  one  of  whom  shall  be  a  resident  of  this 
State  and  the  term  for  which  elected; 

(12)  In  the  case  of  a  building  corporation,  a  specific  and  definite 
description  of  the  site  for  such  building; 

(13)  •  Any  other  provisions,  not  inconsistent  with  law,  for  the 
regulation  of  the  business  and  the  conduct  of  the  affairs  of  the  corpora- 
tion, and  any  provisions  creating,  defining,  limiting  and  regulating 
the  powers  of  the  corporation,  the  directors  and  the  stockholders  or 
any  class  or  classes  of  stockholders.  Such  statement  shall  be  filed  in 
duplicate  in  the  office  of  the  Secretary  of  State  on  forms  prescribed  and 
furnished  by  the  Secretary  of  State. 

§  5.  TJpon  the  filing  of  such  statement,  the  Secretary  of  State 
shall  examine  the  same,  and,  if  it  is  in  conformity  with  the  provisions 
of  this  Act,  he  shall  endorse  thereon  the  word  "filed"  followed  by  the 
month,  day,  and  year  of  such  filing.  Upon  such  filing  the  corporation 
shall  be  deemed  fully  organized  and  may  proceed  to  business. 

The  Secretary  of  State  shall  also  issue  a  certificate  of  incorpora- 
tion to  the  incorporators,  making  a  part  of  such  certificate  a  copy  of 
all  papers  filed  in  his  office,  using. for  that  purpose  duplicate  copies,  if 
any,  filed  therein,  duly  authenticated  under  his  hand  and  the  seal 
of  State.  A  copy  of  such  certificate  of  incorporation  shall  be  prepared 
and  filed  by  the  Secretary  of  State  in  his  office. 

Powers. 

§  6.  Each  corporation  organized  under  this  Act  shall,  subject 
to  the  conditions  and  limitations  prescribed  by  this  Act,  have  the  fol- 
lowing powers,  rights,  and  privileges : 

(1)  To  have  succession  by  its  corporate  name  for  the  period  lim- 
ited in  its  certificate  of  incorporation,  or  any  amendment  thereof; 


318  CORPORATIONS. 


(2)  To  sue  or  be  sued  in  its  corporate  name; 

(3)  To  have  and  use  a  common  seal  and  alter  the  same  at  pleasure; 

(4)  To  have  a  capital  stock  of  such  an  amount,  and  divided  into 
shares  with  a  par  value,  or  without  a  par  value,  and  to  divide  such 
capital  stock  into  such  classes,  with  such  preferences,  rights,  values 
and  interests  as  may  be  provided  in  the  article  of  incorporation,  or 
any  amendment  thereof; 

(5)  To  acquire,  and  to  own,  possess  and  enjoy  so  much  real  and 
personal  property  as  may  be  necessary  for  the  transaction  of  the  business 
of  such  corporation,  and  to  lease,  mortgage,  pledge,  sell,  convey  or 
transfer  the  same; 

(6)  To  own,  purchase  or  otherwise  acquire,  whether  in  exchange 
for  the  issuance  of  its  own  stock,  bonds,  or  other  obligations  or  other- 
wise, and  to  hold,  vote,  pledge,  or  .dispose  of  the  stocks,  bonds,  and 
other  evidences  of  indebtedness  of  any  corporation,  domestic  or  foreign; 

(7)  To  borrow  money  at  such  rate  of  interest  as  the  corporation 
may  determine  without  regard  to  or  restrictions  under  any  usury  law 
of  this  State  and  to  mortgage  or  pledge  its  property,  both  real  and 
persona],  to  secure  the  payment  thereof; 

(8)  To  elect  officers,  appoint  agents,  define  their  duties  and  fix 
their  compensation ; 

(9)  To  lease,  exchange  or  sell  all  of  the  corporate  assets  with 
the  consent  of  two-thirds  of  all  of  the  outstanding  capital  stock  of  the 
corporation  at  any  annual  meeting  or  at  any  special  meeting  called 
for  that  purpose; 

(10)  To  make  by-laws  not  inconsistent  with  the  laws  of  this  State 
for  the  administration  of  the  business  and  interests  of  such  corporation ; 

(11)  To  conduct  business  in  this  State,  other  states,  the  District 
of  Columbia,  the  territories,  possessions,  and  de]3endencies  of  the  United 
States  and  in  foreign  countries  and  to  have  one  or  more  offices  out  of 
this  State,  and  to  hold,  purchase,  mortgage,  and  convey  real  and  personal 
property  outside  of  this  State  necessary  and  requisite  to  carry  out  the 
object  of  the  corporation; 

(12)  In  time  of  war  to  transact  any  lawful  business  in  aid  of 
the  United  States  in  the  prosecution  of  war,  to  make  donations  to 
associations  and  organizations  aiding  in  war  activities  and  to  loan 
money  to  the  State  or  Federal  government  for  war  purposes; 

(13)  To  cease  doing  business  arid  to  surrender  its  charter; 

(14)  To  have  and  exercise  all  the  powers  necessary  and  con- 
venient to  carry  into  effect  the  purpose  for  which  such  corporation  is 
formed. 

§  7.  The  power  of  a  corporation  subject  to  the  provisions  of  this 
Act,  to  acquire,  hold,,  vote,  pledge,  or  dispose  of  the  stocks,  bonds,  and 
evidences  of  indebtedness  of  another  corporation,  shall  be  subject  to  the 
following  conditions  and  limitations ; 

(1)  No  corporation  shall  acquire,  directly  or  indirectly,  the  whole 
or  any  part  of  the  stock  or  other  share  capital  of  another  corporation, 
where  the  effect  of  such  acquisition  may  be  substantially  to  lessen 
competition   between   the  corporation   whose   stock   is   so   acquired   and 


CORPORATIONS.  319 


the  corporation  making  the  acquisition,  or  to  restrain  trade  in  this  State 
or  in  any  section  or  community  thereof,  or  tend  to  create  a  monopoly; 

(2)  No  corporation  shall  acquire,  directly  or  indirectly,  the  whole 
or  any  part  of  the  stock  or  other  share  capital  of  two  or  more  corpo- 
rations where  the  effect  of  such  acquisition  or  the  use  of  such  stock  by 
the  voting  or  granting  of  proxies  or  otherwise,  may  be  substantially  to 
lessen  competition  between  such  corporations,  or  any  of  them,  whose 
stock  or  other  share  capital  is  so  acquired,  or  to  restrain  trade  in  this 
State  or  in  any  section  or  community  thereof,  or  tend  to  create  a 
monopoly. 

This  section  shall  not  apply  to  corporations  purchasing  such  stock 
solely  for  investment  and  not  using  the  same  by  voting  or  otherwise 
to  bring  about,  or  in  attempting  to  bring  about,  the  substantial  lessen- 
ing of  competition.  Nor  shall  anything  contained  in  this  section  pre- 
vent a  corporation  from  causing  the  formation  of  a  subsidiary  corporation 
or  from  owning  stock  in  such  a  corporation,  for  the  actual  carrying  on 
of  its  immediate  lawful  business,  or  the  natural  and  legitimate  branches 
or  extensions  thereof,  or  from  owning  and  holding  all  or  a  part  of  the 
stock  of  such  subsidiary  corporation,  Avhen  the  effect  of  such  formation 
is  not  substantially  to  lessen  competition. 

§  8.  No  corporation  shall  purchase,  acquire  or  hold,  directly  or 
indirectly,  the  stock  of  a  building  corporation  or  of  an  agency  and 
loan  corporation. 

§  9.  No  agency  and  loan  corporation  shall  purchase  or  otherwise 
acquire,  or  loan  money  upon  the  stock  of  any  other  corporation,  whether 
organized  under  the  laws  of  this  or  of  any  other  state. 

§  10.  No  corporation,  except  as  specifically  provided  herein,  shall 
be  organized  under  this  Act  for  the  purpose  of  acquiring  or  owning 
real  estate. 

§  11.  No  real  estate  improvement  corporation  shall  hold  any  lot 
unimproved  for  a  greater  period  than  five  years,  or  an  improved  lot  for 
a  greater  period  than  fifteen  years.  No  lot  shall  be  considered  im- 
proved unless  there  is  upon  it  a  building  or  buildings  of  double  the 
value  of  such.  lot.  No  real  estate  improvement  corporation  shall  own, 
possess  or  hold  title  to  unimproved  lots  or  lands  in  excess  of  forty  acres. 

§  12.  All  real  estate  acquired  in  the  satisfaction  of  any  liability 
or  indebtedness,  unless  the  same  may  be  necessary  and  suitable  for  the 
business  of  such  corporation,  shall  be  offered  at  public  auction  at  least 
once  every  year  at  the  door  of  the  courthouse  of  the  county  wherein 
the  same  may  be  situated  or  on  the  premises  so  to  be  sold,  after  giving 
notice  thereof,  for  at  least  four  consecutive  weeks  in  some  newspaper 
of  general  circulation  published  in  such  county  and  if  there  be  no  such 
newspaper  published  therein,  then  in  the  nearest  adjacent  county  where 
such  newspaper  is  published,  and  such  real  estate  shall  be  sold  when- 
ever the  price  offered  for  it  is  not  less  than  the  claim  of  such  corpora- 
tion, including  all  interest,  costs  and  other  expenses.  In  case  such 
corporation  shall  not,  within  a  period  of  five  years,  sell  such  land, 
either  at  public  or  private  sale  aforesaid,  the  State's  attorney  shall 
proceed  by  information,   in  the  name  of  the   People  of  the   State  of 


320  COEPOEATIONS 


Illinois  against  such  corporation,  in  the  Circuit  Court  of  the  county  in 
which  such  land  neglected  to  be  sold  shall  be  situated  and  such  court 
shall  have  the  jurisdiction  to  hear  and  determine  the  fact  and  to  order 
the  sale  of  such  land  or  real  estate  at  such  time  and  place,  subject  to 
such  rule  as  the  court  shall  establish. 

§  13.  No  corporation  created  under  the  provisions  of  this  Act, 
shall,  except  as  herein  provided,  by  any  implication  or  construction, 
be  deemed  to  possess  the  power  of  carrying  on  the  business  of  discount- 
ing bills,  notes  or  other  evidences  of  debt,  or  receiving  deposits  of 
money,  or  foreign  coins,  or  buying  and  selling  bills  of  exchange,  or 
issuing  bills,  notes  or  other  evidences  of  debt  for  circulation  as  money. 
Corporations  created  or  to  be  created  under  the  provisions  of  this  Act, 
or  created  under  the  provisions  of  any  prior  corporation  law  of  this 
State,  to  buy,  sell,  or  otherwise  deal  in  notes  (not  including  the  dis- 
counting of  notes),  open  accounts,  and  other  similar  evidences  of  debt 
(not  including  bills  of  exchange),  shall  not  be  construed  or  considered 
to  be  .within  the  prohibition  of  this  section.  No  corporation  shall  be 
created  under  this  Act  to  deal  in  commercial  paper  in  the  exercise  of  the 
functions  of  bank  discount. 

§  14.  All  corporations  organized  under  the  laws  of  this  State, 
whose  powers  may  have  expired  by  limitation  or  otherwise,  shall  con- 
tinue their  corporate  capacity  for  two  years  for  the  purpose  only  of 
collecting  debts  due  such  corporation  and  selling  and  conveying  the 
property  and  effects  thereof.  Such  corporations  shall  use  their  re- 
spective names  for  such  purposes  and  shall  be  capable  of  prosecuting  and 
defending  all  suits  at  law  or  in  equity. 

Dibectoes. 

§  15.  The  directors  named  in  the  certificate  of  incorporation  shall, 
within  sixty  days  next  after  incorporation,  meet,  elect  officers,  adopt 
by-laws,  and  transact  such  other  business  as  may  properly  come  before 
them. 

§  16.  No  person,  not  a  resident  of  the  county  in  which  the  prin- 
cipal office  of  a  "real  estate  improvement  corporation"  is  located,  shall 
be  a  director  or  officer  of  such  corporation. 

§  17.  The  board  of  directors  shall  consist  of  not  less  than  three 
members,  each  of  whom  shall  be  a  stockholder  and  at  least  one  of 
whom  shall  be  a  resident  of  this  State. 

§  18.  The  directors  named  in  the  certificate  of  incorporation  shall 
hold  office  until  the  first  annual  meeting  of  the  stockholders.  At  such 
annual  meeting,  and  at  each  annual  meeting  thereafter,  the  stock- 
holders shall,  except  as  hereinafter  provided,  elect  directors  for  a  term 
of  one  year.  In  lieu  of  electing  the  whole  number  of  directors  annually, 
the  stockholders  may  divide  the  board  of  directors  into  three  classes 
numbered  consecutively,  the  term  of  office  of  the  first  class  to  expire  on 
the  clay  of  the  annual  election  of  such  corporation  then  next  ensuing, 
that  of  the  second  class  one  year  thereafter,  and  that  of  the  third  class 
two  years  thereafter.     At  each  annual  election  after  such  classification. 


CORPORATIONS.  321 


the  number  of  directors  equal  to  the  number  of  the  class  whose  term 
expires  on  the  day  of  such  election  shall  be  elected  for  a  term  of  three 
years. 

Each  director  shall  hold  his  office  for  the  term  for  which  he  is 
elected,  and  until  his  successor  is  elected  and  qualified. 

§  19.  The  directors  may  hold  meetings  without  the  State,  and 
there  transact  business  and  perform  all  corporate  acts  not  specifically 
required  by  this  Act  to  be  performed  within  this  State. 

§  20.  A  majority  of  the  directors  elected  shall  constitute  a  quorum 
for  the  transaction  of  business. 

§  21.     The  directors  shall: 

(1)  Exercise  the  corporate  powers  of  the  corporation; 

(2)  Adopt,  alter,  amend  or  repeal  the  by-laws; 

(3)  Elect  officers  and  appoint  such  agents  and  factors  as  may  be 
necessary  or  desirable; 

(4)  At  least  once  each  year  make  a  complete  and  detailed  report 
of  the  financial  condition  of  the  corporation  to  the  stockholders; 

(5)  Fill  all  vacancies  which  may  happen  in  the  board  of  directors 
caused  by  death,  resignation  or  otherwise,  until  the  next  annual  meet- 
ing of  the  stockholders ; 

(6)  As  to  a  corporation  organized  in  this  State,  keep  correct  and 
complete  records  and  books  of  account  of  all  of  its  business  and  the 
stock  and  transfer  books  at  the  principal  office  or  transfer  office  of  the 
corporation  in  this  State. 

§  22.  The  officers  of  the  corporation  shall  consist  of  a  president, 
secretary  and  treasurer,  and  such  other  officers  as  shall  be  determined 
by  the  directors. 

§  23.  The  directors  shall  jointly  and  severally  be  liable  for  the 
debts  and  contracts  of  the  corporation  in  the  following  cases : 

(1)  For  assenting  to  an  indebtedness  in  excess  of  the  amount  of 
the  capital  of  the  corporation,  to  the  amount  of  such  excess; 

(2)  For  declaring  or  assenting  to  a  dividend  if  the  corporation  is, 
or  is  thereby,  rendered  insolvent,  or  its  capital  is  thereby  impaired,  to 
the  extent  of  such  dividend ; 

(3)  For  debts  contracted  between  the  time  of  making  or  assent- 
ing to  a  loan  to  a  stockholder  or  director  and  the  time  of  its  repayment, 
to  the  extent  of  such  loan. 

For  the  purposes  of  this  section  the  capital  of  the  corporation  shall 
be  considered  as  the  aggregate  amount  paid  in  on  its  shares  of  capital 
stock  issued  and  outstanding. 

Unless  a  director  was  absent  from  the  meeting  at  which  such 
dividend  was  declared  or  loan  made,  or  unless  his  dissent  therefrom 
shall  be  entered  on  the  corporate  records,  he  shall  be  conclusively  pre- 
sumed to  have  assented  thereto. 

Corporate  Name — By-Laws. 

§  24.     The  name  of  a  proposed  corporation  shall  indicate  that  it 
is  a  corporation,  but  the  name  of  a  natural  person  or  co-partnership  mav 
—21  L 


322  CORPORATIONS. 


be  assumed  when,  as  a  part  of  the  corporate  name  the  word  "corpor- 
ation", "incorporated",  "limited"  or  the  abbrevations  thereof,  is  added. 

No  corporation  organized  under  this  Act  shall  use,  as  a  part  of 
such  name,  the  word  "bank",  "banking",  "insurance",  "assurance", 
"surety",,  "indemnity",  "savings",  or  any  abbreviation  thereof. 

Every  trust  company  shall  include  the  word  "trust";  every  wage 
loan  corporation  shall  include  the  words  "wage  loan";  every  pawners 
society  shall  contain  the  word  "pawners";  every  co-operative  society 
shall  contain  the  word  "co-operative";  every  real  estate  agency  and 
loan  corporation  shall  include  the  words  "agency  and  loan" ;  every 
building  corporation  shall  include  the  words  "building  corporation"; 
.every  real  estate  improvement  corporation  shall  include  the  words 
"real  estate  improvement"  as  a  constituent  part  of  its  name,  and  no 
corporation  organized  for  any  other  purpose  shall  have  any  of  these 
terms  as  a  part  of  its  corporate  title. 

No  corporation  shall  be  organized  or  admitted  to  do  business  in 
this  State  with  a  name  the  same  as,  or  similar  to,  that  of  any  other 
corporation  then  existing  under  the  laws  of  this  State  or  authorized  to 
do  business  in  this  State. 

No  corporation  shall,  by  certificate  of  amendment  to  its  articles 
of  incorporation,  assume  a  name  the  same  as  or  similar  to  that  of  any 
other  corporation  then  existing  under  the  laws  of  this  State  or  author- 
ized to  do  business  in  this  State. 

§  25.  A  corporation  which  has  been  dissolved  or  has  otherwise 
terminated  its  corporate  existence  shall  have  the  exclusive  right  at  any 
time  within  thirty  days  after  the  termination  of  its  corporate  existence 
to  become  incorporated  under  its  former  corporate  name.  After  the 
expiration  of  such  thirty  days  such  former  corporate  name  shall  be 
available  to  any  applicant. 

§  26.  The  by-laws  may  prescribe  the  time  and  place  of  holding, 
and  the  manner  of  conducting  meetings  of  stockholders  and  directors, 
of  electing  officers  and  determining  their  powers,  duties  and  tenure,  the 
manner  of  calling  annual  and  special  meetings  of  the  stockholders  and 
of  directors,  the  creation  of  an  executive  committee  and  the  number 
of  members  thereof,  and  their  powers,  and  may  contain  such  other 
reasonable  provisions  as  are  not  inconsistent  with  the  certificate  of 
incorporation. 

The  by-laws  of  a  co-operative  association  may  provide  that  the 
profits  shall  be  distributed : 

(1)  Upon  stock  and  to  purchasers,  sellers  or  customers,  based 
upon  the  percentage  of  purchases  of  sales ;  or 

(2)  To  purchasers  or  sellers  exclusively,  based  upon  the  per- 
centage of  purchases  or  sales. 

§  27.  Each  corporation  incorporated  under  the  laws  of  this  State 
shall  maintain  an  office  or  place  "of  business  in  this  State  and  have 
an  officer  or  agent,  resident  of  this  State,  in  charge  thereof.  Notice 
shall  at  once  be  sent  to  the  Secretary  of  State  of  any  change  of  address 
of  such  office  or  place  of  business. 


CORPORATIONS.  '.VI') 


Stock — Stockholders. 

§  28.  Whenever  it  is  desired  to  issue  stock  within  the  authorized 
limit  fixed  by  an  approved  statement  of  incorporation  in  addition  to 
that  specified  in  such  statement  as  to  be  issued  at  once,  a  statement 
shall  be  filed  in  the  office  of  the  Secretary  of  State,  within  thirty  days 
after  the  issue  of  such  additional  stock  has  been  authorized  by  the 
board  of  directors,  subscribed  and  sworn  to  by  the  president  or  a  vice- 
president  and  attested  by  the  secretary  or  by  an  assistant  secretary, 
setting  forth : 

(1)  The  total  amount  of  capital  stock  authorized  by  the  articles 
of  incorporation; 

(2)  The  amount  already  issued,  and  the  extent  to  which  it  is 
paid  up; 

(3)  A  statement  of  the  additional  stock  to  be  issued,  and  of  the 
manner  in  which  it  is  to  be  ,paid  up ;  with  a  description  and  valuation 
of  property,  if  any,  to  be  received  in  payment  of  such  stock,  and 
that  of  the  capital  stock  then  proposed  to  be  issued,  at  least  one- 
half  of  the  par  value  of  such  stock  having  a  par  value  will  be  paid 
in,  and  that  not  less  than  five  dollars  per  share  for  each  share  of  capital 
stock  having  no  par  value  will  be  paid  in,  in  money  or  property. 

Upon  filing  such  statement,  the  Secretary  of  State  shall  exam- 
ine the  same,  and  if  it  is  in  conformity  with  the  provisions  of  this 
Act,  he  shall  endorse  thereon  the  word  "filed."  Upon  such  approval, 
the  corporation  may  issue  such  additional  stock.  No  issue  of  stock 
subsequent  to  the  granting  of  the  certificate  of  incorporation  shall 
be  lawful  until  the  statement  required  by  this  section  shall  have  been 
filed  in  the  office  of  the  Secretary  of  State  and  shall  have  been  ap- 
proved by  him. 

§  29.  Each  stockholder  shall  be  entitled  to  a  certificate  of  stock, 
executed  by  such  officers  as  the  by-laws  may  prescribe,  certifying  the 
number  of  shares  owned  by  him  in  such  corporation. 

§  30.  Each  certificate  for  shares  of  the  capital  stock  shall  have 
stamped  thereon  when  issued  the  amount  actually  received  by  the 
corporation  for  such  stock,  either  in  cash,  property,  services  rendered 
or  expenses  incurred. 

§  31.  Shares  of  stock  having  a  par  value  shall  be  represented  by 
certificates  which  shall  state  the  number  of  shares  represented  thereby, 
the  par  value  thereof,  the  name  of  the  holder,  the  relative  rights, 
interests  and  preference  (if  any)  of  such  shares,  and  whether  such 
shares  have  been  fully  paid  up.  If  not  fully  paid  up,  the  certificate 
shall  be  legibly  stamped  indicating  the  per  centum  of  such  stock  which 
has  been  paid-up,  and  as  further  payments  are  made  thereon  the  certifi- 
cate shall  be  stamped  accordingly. 

Shares  of  capital  stock  without  par  value  shall  be  represented  by 
certificates  which  shall  state  the  number  of  shares  represented  thereby, 
the  name  of  the  holder,  and  the  number  of  such  shares  which  the 
corporation  is  authorized  to  issue,  and  no  such  certificates  shall  express 
any  par  value  of  such  shares. 


324  COEPORATIONS. 


If  any  officer  or  director  shall  sign  or  issue,  or  cause  to  be  signed 
or  issued  a  certificate  containing  any  false  statement  knowing  the  same 
to  be  false,  or,  without  such  knowledge,  if  he  shall  not  have  endeavored 
in  good  faith  to  ascertain  the  facts,  he  shall  be  liable  to  any  person 
injured  for  all  damages  occasioned  thereby. 

§  32.  The  subscriptions  for  shares  of  stock  may  be  payable  in  such 
installments  and  at  such  time  or  times  as  shall  be  determined  by  the 
directors.  Any  assessment  or  installment  required  to  be  paid  shall  be 
levied  pro  rata  upon  all  shares  of  such  stock  of  the  same  class.  An 
action  may  be  maintained  in  the  name  of  the  corporation  to  recover 
any  portion  of  an  installment  which  shall  remain  due  and  unpaid  for 
a  period  of  twenty  days  after  personal  demand  therefor,  or  for  a  like 
period  after  a  written  demand  has  been  deposited  in  the  postoffice, 
properly  addressed  to  the  last  known  postoffice  address  of  the  stock- 
holder. The  directors  may,  by  by-laws,  prescribe  other  penalties  for  a 
failure  to  pay  installments  that  may  become  due  but  no  penalty  working 
a  forfeiture  of  stock,  or  of  the  amounts  paid  thereon,  shall  be  declared, 
as  against  the  estate  of  any  decedent  before  distribution  shall  have  been 
made,  or  against  any  stockholder  before  personal  or  written  demand  has 
been  made,  as  above  provided.  In  the  event  of  the  sale  of  the  shares  by 
reason  of  any  forfeiture,  the  surplus  over  the  amount  due  on  such  shares 
shall  be  paid  to  the  delinquent  stockholder  or  to  his  legal  representatives. 

Subject  to  the  provisions  of  this  section,  the  corporation  may  issue 
and  sell  its  shares  of  stock  having  no  par  value  from  time  to  time  for 
such  consideration,  not  less  than  five  dollars  per  share,  as  may  be  pre- 
scribed in  the  certificate  of  incorporation  or  as  from  time  to  time  may 
be  fixed  by  the  board  of  directors  pursuant  to  authority  conferred  in 
such  certificate. 

§  33.  By  amendment  to  the  articles  of  incorporation  an  increase 
in  the  amount  of  capital  stock  may  be  authorized.  In  such  a  case  the 
articles  of  amendment  shall  set  forth: 

(1)  The  total  amount  of  capital  stock  already  authorized; 

(2)  The  amount  already  issued  and  the  extent  to  which  it  has 
been  paid  up; 

(3)  A  statement  of  the  additional  stock  authorized,  and  of  the 
manner  in  which  it  is  to  be  paid  up;  with  a  description  and  valuation 
of  property,  if  any,  to  be  received  in  payment  of  such  stock. 

A  statement  that  the  requirements  of  this  Act  respecting  all  stock 
previously  issued  by  the  corporation  have  been  complied  with. 

§  34.  If  a  reduction  of  the  total  amount  of  the  authorized  capital 
stock  shall  have  been  authorized  in  accordance  with  the  provisions  of 
this  Act,  the  articles  of  amendment  shall  set  forth : 

(1)  The  total  amount  of  capital  stock  already  authorized  and 
issued; 

(2)  The  amount  of  reduction  and  the  manner  in  which  it  shall 
be  effected: 

No  reduction  of  capital  stock  shall  be  lawful  which  renders  the 
corporation  bankrupt  or  insolvent,  but  the  capital  stock  may  be  reduced 
by  the  surrender  by  every  stockholder  of  his  shares  and  the  issue  to 


CORPORATIONS.  325 


him  in  lieu  thereof  of  a  proportional  decreased  number  of  shares,  if  the 
assets  are  not  reduced  thereby,  without  creating  any  liability  of  the 
stockholders  of  such  corporation  in  case  of  the  subsequent  bankruptcy 
of  such  corporation. 

§  35.  No  person,  not  a  resident  of  the  county  in  which  the  princi- 
pal office  of  a*  "real  estate  improvement  corporation"  is  located,  shall 
hold  any  stock  in  such  corporation,  unless  such  stock  is  acquired  by 
inheritance  or  bequest. 

No  shareholder  in  any  co-operative  association  shall  own  more 
than  five  shares,  nor  of  a  greater  aggregate  par  value  than  five  hundred 
dollars. 

§  36.  In  case  a  "real  estate  improvement  corporation"  shall  at  any 
time  incur  indebtedness  in  excess  of  the  capital  actually  paid  in  upon 
its  capital  stock,  the  officers  and  directors  of  such  corporation  shall  be 
personally  liable  to  the  creditors  whose  obligations  are  incurred  in 
excess  of  such  paid  up  capital  stock,  for  such  excess.  Such  officers  and 
directors  may  be  sued  jointly  and  severally  therefor  by  any  such  creditor. 

§  37.  The  books  kept  for  transferring  stock  and  the  names  and 
addresses  of  the  stockholders,  during  the  usual  business  hours  shall 
be  open  to  examination  for  all  proper  purposes  by  every  stockholder,  at 
its  principal  office  or  place  of  business  in  this  State,  and  such  books 
and  certified  copies  thereof  shall  be  competent  evidence  in  all  courts 
in  this  State. 

§  38.  Each  stockholder  of  a  corporation  shall  have  the  right,  at  all 
reasonable  times,  by  himself  or  by  his  attorney,  to  examine  the  records 
and  books  of  account.  Any  officer  or  director  who  denies  such  access 
shall  be  liable  to  the  stockholder  denied  in  a  penalty  of  ten  per  centum 
of  the  value  of  stock  owned  by  such  stockholder,  in  addition  to  any 
other  compensation  or  remedy  afforded  him  by  law,  if  any,  which  shall 
be  recoverable  in  any  court  of  competent  jurisdiction. 

It  shall  be  a  defense  of  any  action  for  penalties  .under  this  section 
that  the  person  suing  therefor  has  within  two  years  sold  or  offered 
for  sale  any  list  of  stockholders  of  such  corporation  or  of  any  other 
corporation  or  has  aided  or  abetted  any  person  in  procuring  any  stock 
list  for  any  such  purpose. 

Nothing  herein  shall  impair  the  power  of  the  courts  to  compel  by 
mandamus  or  judgment  production  for  examination  by  any  stockholder 
of  the  stock  books  of  any  corporation. 

Stockholders''  Meetings. 

§  39.  An  annual  meeting  of  the  stockholders  shall  be  held  within 
ninety  days  after  the  end  of  each  fiscal  year  of  the  corporation.  A 
written  or  printed  notice,  stating  the  place,  day  and  hour  of  the  meet- 
ing shall  be  mailed  by  the  secretary  of  the  corporation  at  least  ten  days 
before  such  meeting  to  each  stockholder  to  his,  her  or  its  last  known 
post  office  address,  as  appears  upon  the  books  of  the  corporation.  A 
majority  of  the  capital  stock  outstanding  represented  in  person  or  by 
proxy  shall  constitute  a  quorum  at  all  stockholders'  meetings. 


326  CORPORATIONS. 


§  40.  Special  meetings  of  the  stockholders  may  be  called  by  the 
president,  by  the  board  of  directors,  or  by  stockholders  holding  not  less 
than  one-fifth  of  the  stock  outstanding,  upon  giving  at  least  ten  days' 
notice  in  the  manner  prescribed  for  annual  meetings  or  in  any  other 
manner  provided  by  the  by-laws,  which  notice  shall  state  the  place,  day 
and  hour  of  such  meeting  and  the  purpose  for  which  the  meeting  is 
called. 

§  41.     All  meetings  of  stockholders  shall  be  held  within  this  State. 

§  42.  Directors  shall  be  elected  at  the  regular  annual  meeting  of 
the  stockholders. 

§  43.  If  the  election  of  directors  is  not  held  on  the  day  of  the 
annual  meeting,  the  directors  shall  cause  the  election  to  be  held  as 
soon  thereafter  as  conveniently  may  be.  No  failure  to  elect  directors 
or  to  hold  the  annual  meeting  at  the  designated  time  shall  work  any 
forfeiture  or  dissolution  of  the  corporation. 

§  4  \.  The  officer  or  agent  having  charge  of  the  transfer  books 
shall  make,  at  least  ten  days  before  each  election,  a  complete  alpha- 
betical list  of  the  stockholders  entitled  to  vote,  together  with  the  resi- 
dence of  each  and  the  number  of  shares  held  by  each,  which  list  shall 
be  on  file  at  the  principal  office  of  the  corporation.  Such  lists  shall 
be  open  at  the  principal  office  or  place  of  election  during  the  holding 
of  such  election  and  subject  to  the  inspection  of  any  stockholder.  The 
stock  ledger  or  transfer  book  shall  be  the  only  evidence  as  to  .who  are 
the  stockholders  entitled  to  examine  such  stock  ledger  or  transfer  book 
or  to  vote  at  any  meeting  of  the  stockholders  thereof. 

§  45.  Each  executor,  administrator,  conservator,  guardian,  re- 
ceiver, or  trustee  may  vote  the  stock  in  his  hands  at  all  meetings  of  the 
corporation.  Each  person  who  shall  pledge  his  stock  may,  unless  other- 
wise provided  in  the  agreement  of  pledge,  vote  as  a  stockholder. 

§  46.  Corporations  holding  shares  in  another  corporation  may 
vote  the  same  by  such  officer,  agent  or  proxy  as  the  board  of  directors 
may  appoint,  or  as  the  by-laws  may  prescribe. 

§  47.     No  stock  shall  be  voted  at  any  meeting: 

(1)  Upon  which  installment  is  due  and  unpaid,  until  arrearages 
have  been  paid; 

(2)  Which  shall  have  been  transferred  on  the  books  of  the  cor- 
poration within  ten  days  next  preceding  the  date  of  such  meeting; 

(3)  Which  belongs  to  the  corporation,  except  such  shares  as  it 
holds  as  executor,  administrator,  trustee,  guardian,  conservator  or  in 
some  other  fiduciary  capacity. 

§  48.     All  elections  shall  be  by  ballot. 

§  49.  At  all  meetings,  stockholders  may  vote  either  in  person 
or  by  proxy  executed  in  writing  by  the  stockholder,  or  by  a  duly 
authorized  attorney.  No  proxy  shall  be  valid  after  eleven  months 
from  the  date,  of  its  execution,  except  where  the  stock  is  pledged  as  a 
security  for  a  debt  to  the  person  holding  the  proxy. 

§  50.  In  all  elections  for  directors  every  subscriber  or  stock- 
holder shall  have  the  right  to  vote  in  person  or  by  proxy  for  the  num- 
ber of  shares  of  stock  owned  by  the  holder  for   as  many  persons  as 


CORPORATIONS.  327 


there  are  directors  to  be  elected,  or  to  cumulate  such  shares  and  give 
one  candidate  as  many  votes  as  the  number  of  directors  multiplied 
by  the  number  of  shares  of  stock  shall  equal,  or  to  distribute  them 
on  the  same  principle  among  as  many  candidates  as  the  holder  shall 
think  fit. 

Insolvency. 

§  51.  Stockholders  shall  not  be  held  liable  for  the  debts  of  a 
corporation  (incorporated  under  the  law  of  this  State)  because  of 
any  unpaid  portion  of  stock  liability,  until  the  corporation  has  been 
adjudged  bankrupt,  or  an  execution  upon  a  judgment  or  decree  of  a 
court  of  record  for  the  payment  of  money,  after  demand  made  by  the 
officer,  has  been  returned  "no  property  found"  or  has  remained  un- 
satisfied for  ten  days  after  such  demand,  or  the  corporation  has  dis- 
solved or  ceased  doing  business,  leaving  debts  unpaid. 

§  52.  After  such  adjudication  of  bankruptcy,  or  after  the  ex- 
ecution has  been  so  returned,  or  after  ten  days  subsequent  to  such 
demand,  or  after  such  dissolution  or  cessation  of  business,  the  officer 
of  the  corporation  who  has  charge  of  the  stock  records  of  the  corpora- 
tion, on  request  of  any  creditor  of  the  corporation,  or  his  attorney,  shall 
furnish  to  him -a  certified  list  of  the  names  and  postoffice  addresses  of 
the  officers  and  directors  of  the  corporation  and  of  all  persons  who 
were  stockholders  at  the  time  when  the  liability  to  be  enforced  against 
them  personally  accrued,  the  number  and  character  of  shares  held  by 
each  stockholder  and  the  amount  remaining  unpaid  on  their  respective 
shares.  In  case  of  failure  to  furnish  such  list  within  three  days  after 
such  demand,  a  petition  may  be  presented  to  the  judge  of  any  court 
of  general  jurisdiction  of  the  county  in  which  the  principal  office  of 
such  corporation  is  located,  who  shall  have  jurisdiction,  after  two  days' 
notice  to  such  officer,  to  enter  an  order  directing  the  delivery  of  such 
list.  A  failure  to  comply  with  such  order  may  be  treated  as  con- 
tempt of  such   court  and   punished  accordingly. 

§  53.  After  an  adjudication  of  bankruptcy,  or  after  an  execu- 
tion has  been  so  returned,  or  has  remained  unsatisfied  for  more  than 
ten  ^  days,  after  a  demand  made,  or  after  dissolution  or  cessation  of 
business  leaving  debts  unpaid,  any  creditor  may  bring  suit  in  equity, 
in  any  court  having  general  jurisdiction  in  the  county  within  which 
the  principal  office  of  the  corporation  is  located  on  'behalf  of  him- 
self and  of  all  other  creditors  of  the  corporation,  against  all  persons 
who  are  liable  in  any  way  for  the  debts  of  the  corporation,  by  joining 
the  corporation  in  such  suit.  Each  stockholder  mav  be  required  to 
pay  his  pro  rata  share  of  such  debts  and  liabilities, 'to  the  extent  of 
the  unpaid  portion  of  the  stock,  after  exhausting  the  assets  of  such 
corporation.  If  any  stockholder  shall  not  have  "property  enough  to 
satisfy  his  portion  of  such  debts  or  liabilities,  then  the  amount  shall 
be  divided  among  all  of  the  remaining  solvent  stockholders  to  the  ex- 
tent of  their  then  unpaid  stock  liability. 

§  54.  Courts  of  equity  shall  have  full  power,  on  good  cause 
shown,  to  dissolve  or  close  up  the  business  of  any  corporation,  to  ap- 
point a  receiver  therefor  who  shall  have  authority,  bv  the  name  of  the 


328  COKPOEATIONS. 


receiver  of  such  corporation  (giving  the  name)  to  sue  in  all  courts 
and  do  all  things  necessary  to  closing  up  its  affairs  as  commanded  by 
the  decree  of  such  court.  Such  receiver  shall,  in  all  cases,  be  a  resi- 
dent of  this  State,  or  a  corporation  authorized  to  act  as  receiver,  and 
shall  be  required  to  enter  into  bond  payable  to  the  People  of  the  State 
of  Illinois,  for  the  use  of  parties  interested,  in  such  penalty  and  with 
such  sureties  as  the  court,  in  the  order  of  decree  appointing  the  same, 
may  require.  In  all  cases  of  suits  for  or  against  such  receiver,  or  the 
corporation  of  which  he  may  be  receiver,  writs  may  issue  in  favor  of 
such  receiver  or  corporation,  or  against  him  from  the  county  where 
the  cause  of  action  accrued  to  the  sheriff  of  any  county  in  the  State 
for  service. 

§  55.  All  creditors  shall  file  proofs  of  their  respective  claims 
against  the  corporation  under  oath  with  the  clerk  of  the  court  in  which 
such  suit  is  pending,  within  such  time  as  the  court  shall  direct.  Cred- 
itors and  claimants  failing  so  to  do,  may  be  barred  by  the  direction  of 
the  court  from  participating  in  the  distribution  of  the  assets  of  the 
corporation,  including  any  unpaid  stock  liability.  The  court  may  also 
prescribe  what  notice,  by  publication  or  otherwise,  shall  be  given  to 
the  creditors  of  the  time  fixed  for  the  filing  and  making  proof  of  their 
claims. 

§  56.  Every  assignee  or  transferee  of  stock,  having  notice  that 
such  stock  was  not  fully  paid  when  he  received  it,  shall  be  liable  to  the 
corporation,  or  to  its  creditors,  for  the  amount  unpaid  thereon,  to  the 
extent  and  in  the  same  manner  as  if  he  had  been  the  original  sub- 
scriber or  holder  thereof,  and  as  such  had  only  paid  the  amounts  there- 
tofore received  by  the  corporation  on  account  of  such  stock. 

§  57.  ISTo  person  holding  stock  as  executor,  administrator,  con- 
servator, guardian,  trustee,  receiver  or  pledgee  shall  be  personally 
liable  as  a  stockholder;  but  the  real  owner  thereof,  or  his  estate,  shall 
be  so  liable. 

Amendment  of  Akticles. 

§  58.  Before  the  payment  of  any  part  of  the  capital  stock,  the 
incorporators  may  surrender  to  the  Secretary  of  State  the  certificate 
of  incorporation  first,  issued,  and  file  in  lieu  thereof  a  new  statement 
of  incorporation.  Upon  the  surrender  of  such  certificate,  accompanied 
by  the  joint  and  several  affidavits  of  a  majority  of  the  incorporators 
that  no  part  of  the  capital  stock  of  such  corporation  has  been  paid  by 
virtue  of  the  authority  of  the  certificate  so  surrendered,  the  Secretary 
of  State  shall  file  such  new  statement  and  shall  cancel  the  filing  of 
the  statement  first  filed  and  approved.  Upon  the  filing  of  such  new 
certificate,  the  same  procedure  shall  be  followed  as  for  original  in- 
corporation. 

§  59.  Whenever  the  board  of  directors  may  desire  to  amend  the 
articles  of  incorporation  by  changing  the  name,  place  of  business,  num- 
ber, par  value  or  character,  class  or  preference,  of  the  shares  of  the 
capital  stock,  or  the  purpose  for  which  such  corporation  was  formed, 
or  by  increasing  or  decreasing  the  capital  stock,  or  by  changing  the 
shares  from  par  value  to  no  par  value  or  from  no  par  value  to  par 


CORPORATIONS.  329 


value,  or  any  combination  thereof,  or  by  extending  the  period  of  its 
corporate  existence,  or  by  increasing  or  decreasing  the  number  of  direc- 
tors, they  shall  give  notice  of  such  desire  in  the  notice  of  the  annual 
meeting  of  the  stockholders,  or  they  may  call  a  special  meeting  of  the 
stockholders  of  such  corporation  for  the  purpose  of  submitting  to  a 
vote  of  the  stockholders  such  amendment. 

§  60.  No  corporation  shall  change  its  place  of  business,  from  any 
town,  county  Or  municipality  where  such  town,  county  or  municipality 
or  any  of  the  inhabitants  thereof,  or  any  person  or  persons  interested 
therein,  shall  have  donated  or  in  any  manner  contributed  any  money 
or  other  valuable  thing  to  induce  such  corporation  to  locate  its  office, 
property  or  plant  in  such  town,  county  or  municipality,  until  the  money 
or  other  property,  or  the  value  thereof,  is  returned  to  such  donor  or 
contributor. 

§  61.  No  change  in  the  character  or  class,  or  increase  or  decrease 
in  the  amount  of  authorized  capital  stock  entitled  to  any  preference 
over  any  other  stock  shall  be  made  contrary  to  the  charter  provisions 
creating  such  preferred  stock. 

§  62.  In  order  to  adopt  an  amendment  to  the  articles  of  incor- 
poration, such  proposed  amendment  shall  receive  the  affirmative  vote 
of  two-thirds  in  amount  of  all  the  stock  outstanding  and  entitled  to 
vote. 

§  63.  Upon  the  adoption  of  such  proposed  amendment  of  the 
articles  of  incorporation,  a  statement  in  duplicate  to  that  effect,  recit- 
ing such  action  and  the  vote  by  which  the  same  was  adopted,  signed 
and  verified  by  the  president  and  attested  by  the  secretary,  shall  be 
filed  in  the  office  of  the  Secretary  of  State.  If  such  statement  is  in 
conformity  with  law,  the  Secretary  of  State  shall  file  the  same  and 
shall  issue  a  certificate  thereof  to  the  corporation,  as  in  case  of  orig- 
inal incorporation.  The  amendment  shall  be  effective  from  the  date 
of  filing  by  the  Secretary  of  State. 

§  64.  No  amendment  shall  affect  any  cause  of  action  in  favor  of 
or  against  such  corporation,  nor  any  pending  suit  in  which  such  cor- 
poration shall  be  a' party,  nor  the  rights  of  persons  in  any  particular, 
nor  shall  suits  brought  against  such  corporation  by  its  former  name  be 
abated  for  that  cause. 

Merger  and  Consolidation. 

§  65.  Any  two  or  more  corporations  organized  under  the  laws  of 
this  State  for  the  purpose  of  carrying  on  any  kind  of  business  of  the 
same  or  a  similar  nature  may,  except  as  otherwise  provided  in  this 
Act,  merge  or  consolidate  into  a  single  corporation,  and  the  authority 
in  the  charter  of  any  such  corporation  to  carry  on  any  kind  of  busi- 
ness in  addition  to  the  kind  of  business  common  to  all  desiring  to 
merge  or  consolidate  shall  not  prevent  such  merger  or  consolidation. 
The  corporation  formed  by  the  merger  or  consolidation  may  take 
either  the  name  of  one  of  such  merging  or  consolidating  corporations 
nr  a  new  name  not  the  same  as  or  similar  to  that  of  a  corporation  then 


330  CORPORATIONS. 


existing   under    the   laws    of   this    State    or    of    a   foreign    corporation 
licensed  to  do  business  in  this  State. 

§  66.     Merger  or  consolidation  shall  be  subject  to  the  following: 

(1)  It  shall  be  unlawful  for  two  or  more  building  corporations 
or  for  two  or  more  agency  and  loan  corporations,  respectively,  to 
merge  or  consolidate; 

(2)  It  shall  be  unlawful  for  two  or  more  corporations  to  merge 
or  consolidate  where  the  effect  of  such  consolidation  or  merger  would 
be  illegally  to  regulate  or  control  the  price  of,  or  illegally  to  limit  the 
quantity  of,  or  illegally  to  establish  a  monopoly  in  any  article,  com- 
modity or  merchandise  manufactured,  mined,  produced  or  sold  in  this 
State. 

§  67.  Merger  or  consolidation  shall  be  effected  in  the  manner 
following : 

(1)  The  directors  of  each  corporation  which  desires  to  merge  or 
consolidate  shall  pass  an  identical  resolution  prescribing  the  terms  and 
conditions  of  merger  or  consolidation,  the  mode  of  carrying  the  same 
into  effect  and  the  manner  of  converting  the  shares  of  the  merging  or 
consolidating  corporations,  with  such  other  details  and  provisions  as 
are  deemed  necessary; 

(2)  Such  resolution  shall  be  submitted  to  a  vote  of  the  stock- 
holders of  each  corporation,  either  at  a  regular  or  special  meeting,  of 
which  twenty  days'  notice  stating  the  purpose  to  submit  such  resolu- 
tion shall  be  given  by  mailing  a  notice  thereof  to  each  stockholder  of 
each  corporation  and  by  publication; 

(3)  At  such  meeting  the  stockholders,  either  in  person  or  by 
proxy,  shall  vote,  by  ballot,  for  or  against  the  adoption  of  such  resolu- 
tion, each  share  of  stock  entitling  the  holder  thereof  to  one  vote; 

(4)  If  two-thirds  in  amount  of  all  the  outstanding  capital  stock 
of  each  corporation  shall  vote  in  favor  of  such  resolution,  then  such 
merger  or  consolidation  shall  be  authorized; 

(5)  Upon  the  authorization  of  such  merger  or  consolidation,  a 
statement  to  that  effect  in  duplicate,  reciting  such  action  and  the  vote 
by  which  the  same  was  adopted,  accompanied  by  a  certified  copy  of  the 
identical  resolution  adopted  by  each  merging  or  consolidating  corpor- 
ation and  otherwise  making  the  statement  required  herein  for  original 
incorporation,  executed  by  the  president  or  vice-president  of  each  such 
corporation  and  verified  by  their  respective  oaths,  shall  be  filed  in  the 
office  of  the  Secretary  of  State; 

(6)  If  such  statement,  with  the  accompanying  papers,  is  in  con- 
formity with  law,  the  Secretary  of  State  shall  file  the  same  and  shall 
issue  a  certificate  of  merger  or  consolidation,  making  a  part  thereof 
such  statement  and  all  papers  relating  thereto; 

(7)  Upon  the  filing-  of  such  statement,  with  the  accompanying 
papers,  such  mergers  and  consolidations  shall  be   effected. 

§  68.  A  notice,  in  general  terms,  of  such  merger  or  consolidation 
shall  be  published  in  the  county  in  which  the  principal  office  of  each 
corporation  so  merged  or  consolidated  is  located. 

§  69.  When  such  merger  or  consolidation  has  been  effected,  the 
merged  or  consolidated  corporations   shall  be  a   single   corporation  in 


CORPORATIONS.  331 


accordance  with  the  terms  and  provisions  of  the  resolutions  so  adopted 
and  approved,  and  shall  be  subject  to  all  the  duties  and  liabilities,  and 
have  all  the  rights  and  privileges,  immunities  and  powers  of  a  corpor- 
ation formed  under  this  Act. 

§  70.  Such  single  corporations  shall  thereupon  and  thereafter 
possess  all  the  rights,  privileges,  immunities,  powers  and  franchises,  as 
well  of  a  public  as  a  private  nature,  and  all  property,  real,  personal, 
and  mixed,  and  all  debts  due  on  whatever  account,  as  well  as  for  stock 
subscriptions  and  all  other  things  in  action,  of,  or  belonging  to,  each 
of  such  corporation,  and  be  subject  to  all  the  restrictions,  liabilities 
and  duties  of  each  of  such  corporations  so  merged  or  consolidated. 
All  property,  rights,  privileges,  immunities,  powers  and  franchises  and 
all  and  every  other  interest  shall  thereafter  be  as  effectually  the  prop- 
erty of  the  single  corporation  as  they  were  of  the  several  and.  respective 
merging  or  consolidating  corporations.  The  title  to  any  real  estate, 
whether  by  deed  or  otherwise,  under  the  laws  of  this  State,  vested  in 
any  of  such  corporations,  shall  not  revert  or  be  in  any  way  impaired 
by  reason  of  such  merger  or  consolidation. 

§  71.  All  rights  of  creditors  and  all  liens  upon  the  property  of 
either  of  such  merging  or  consolidating  corporations  shall  be  pre- 
served unimpaired,  and  all  debts,  liabilities  and  duties  of  the  respective 
corporations  shall  henceforth  attach  to  such  single  corporation  and  may 
be  enforced  against  it  to  the  same  extent  as  if  such  debts,  liabilities 
and  duties  had  been  incurred  or  contracted  by  it.  Any  action  or 
proceeding  pending  by  or  against  one  of  the  corporations  merged  or 
consolidated  may  be  prosecuted  to  judgment,  as  if  such  merger  or  con- 
solidation had  not  taken  place,  or  the  merged  or  consolidated  corpora- 
tion may  be  substituted  in  its  place. 

§  72.  When  two  or  more  corporations  are  merged  or  consolidated, 
the  single  corporation  shall  have  power  and*authority  to  issue  bonds 
or  other  obligations,  negotiable  or  otherwise,  and  with  or  without  cou- 
pons or  interest  certificates  attached,  to  an  amount  sufficient,  with 
its  capital  stock,  to  provide  for  all  the  payments  it  will  be  required  to 
make,  or  obligations  it  will  be  required  to  assume,  in  order  either  tc 
effect  such  merger  or  consolidation,  or  thereafter  to  conduct  its  busi- 
ness. To  secure  the  payments  of  such  bonds  and  obligations,  it  shall 
be  lawful  to  mortgage  its  corporate  franchises,  rights,  privileges  and 
property,  real,  personal,  and  mixed,  and  it  shall  be  lawful  to  issue 
shares  of  stock  to  such  an  amount  as  may  be  necessary  to  the  stock- 
holders of  such  constituent  corporations  in  exchange  or  payment  for 
the  original  shares,  in  the  manner  and  on  the  terms  specified  in  the 
resolutions  of  merger  or  consolidation. 

§  73.  Any  stockholder  objecting  to  any  action  of  the  corporation 
in  leasing,  exchanging  or  selling  all  of  its  corporate  assets,  or  object- 
ing to  a  merger  or  consolidation  with  another  corporation  (the  cor- 
poration acquiring  such  assets  by  lease,  exchange,  sale,  merger  or  con- 
solidation being  hereinafter  referred  to  as  the  "acquiring  corporation"), 
shall  be  obligated  to  sell  and  transfer  to  the  acquiring  corporation 
and  the  acquiring  corporation  shall  become  and  be  obligated  to  pur- 
chase such  share  or  shares,  together  with  all  rights  and  interests  there- 


332  CORPORATIONS. 


by  represented,  including  all  cash  or  securities  or  other  benefits  accruing 
to  such  share  or  shares,  from  or  by  reason  of  the  sale,  lease,  merger 
or  consolidation  at  a  price  equal  to  the  fair  value  of  such  share  or 
shares  with  interest  on  such  fair  value  at  the  rate  of  five  per  cent  per 
annum  from  the  date  such  sale,  lease,  merger,  or  consolidation  was 
consummated.  If  such  fair  value  and  interest  thereon  is  not  paid  to 
such  objecting  stockholder  by  such  acquiring  corporation  within  thirty 
days  after  such  sale,  lease,  merger  or  consolidation  is  consummated, 
then  such  objecting  stockholder  may,  within  sixty  days  after  the  con- 
summation of  such  sale,  lease,  merger  or  consolidation,  file  a  petition  in 
the  Circuit  Court  of  the  county  in  which  the  principal  office  of  the  ac- 
quiring corporation  is  located,  asking  for  a  finding  and  determination 
of  the  fair  value  of  such  shares  of  stock.  Upon  the  filing  of  such  peti- 
tion the  practice  and  procedure  thereon  shall  be  the  same,  so  far  as 
practicable,  as  that  under  the  eminent  domain  laws  of  this  State,  but 
the  court  shall  have  full  power  and  authority  to  do  all  things  and  enter 
all  such  orders  as  it  may  deem  equitable  and  just  for  the  purpose  of 
preserving  and  protecting  the  rights  of  the  parties  to  the  proceeding 
during  the  pendency  thereof.  Such  fair  values  shall  be  ascertained 
and  determined  as  of  the  date  of  the  consummation  of  such  sale,  lease, 
merger  or  consolidation,  and  without  regard  to  any  depreciation  or 
appreciation  because  of  or  on  account  of  such  sale,  lease,  merger  or 
consolidation. 

The  court  shall  enter  judgment  against  such  acquiring  corpora- 
tion for  the  amount  of  such  fair  value  and  interest  thereon,  which 
judgment  may  be  collected  as  other  judgments  at  law.  Upon  the 
payment  of  such  judgment  such  stockholder  shall  cease  to  have  any 
interest  in  such  stock  or  in  the  property  of  the  corporation.  Such 
stock  may  be  held  and  disposed  of  by  the  corporation  as  it  shall  see  fit. 

Unless  such  objecting  stockholder  shall  file  such  petition  within 
the  time  herein  limited,  such  stockholder  and  those  claiming  under  him 
shall  be  conclusively  presumed  to  have  authorized,  approved  and  rati- 
fied such  sale,  lease,  merger  or  consolidation.  If  at  the  expiration  of 
thirty  days  from  the  time  of  the  consummation  of  such  sale,  lease, 
merger  or  consolidation,  the  person  in  whose  name  such  share  or  shares 
shall  stand,  shall  not  be  living,  or  shall  be  under  disability,  his  executor, 
administrator,  guardian,  or  conservator,  as  the  case  may  be,  shall  be 
entitled  to  file  such  petition  within  ninety  days  after  the  consummation 
of  such  sale,  lease,  merger  or  consolidation. 

Dissolution". 

§  74.  The  incorporators  named  in  any  certificate  of  incorpora- 
tion, before  the  payment  of  any  part  of  the  capital,  and  before  begin- 
ning the  business  for  which  the  corporation  was  created,  may  surrender 
all  their  corporate  rights  and  franchises,  by  filing  in  the  office  of  the 
Secretary  of  State  a  certificate,  verified  by  their  joint  and  several  oaths, 
that  no  part  of  the  capital  has  been  paid  and  that  such  business  has 
not  been  begun,  and  surrendering  all  rights  and  franchises.  Thereupon 
such  corporation  shall  be  dissolved. 


CORPORATIONS.  333 


§  75.  Any  corporation  organized  under  any  general  or  special 
Act  of  this  State,  including  railroad  corporations,  may  be  dissolved  in 
the  manner  following: 

(1)  The  board  of  directors  shall,  when  requested  in  writing  by 
the  owners  of  not  less  than  two-thirds  of  the  capital  stock  outstand- 
ing to  submit  the  question  of  dissolution,  submit  the  same  at  any 
annual  or  special  meeting,  of  which  twenty  days'  notice  stating  the 
purpose  to  submit  such  question  shall  be  given  by  mailing  a  notice 
thereof  to  each  stockholder  and  by  publication; 

(2)  At  such  meeting  the  stockholders,  either  in  person  or  by 
proxy,  shall  vote,  by  ballot,  for  or  against  the  proposition  of  the  disso- 
lution of  the  corporation; 

(3)  If  two-thirds  in  amount  of  all  the  outstanding  capital  stock 
shall  vote  in  favor  of  such  proposition,  then  such  dissolution  shall  be 
authorized ; 

(4)  The  corporation  shall  then: 

(a)  Collect  all  its  corporate  assets; 

(b)  Pay  and  discharge  all  its  corporate  debts  and  liabilities; 

(c)  Distribute  its  corporate  assets  and  property  among  the  per- 
sons entitled  thereto,  or,  if  a  stockholder  is  unknown  or  cannot  be 
found,  or  is  under  disability,  deposit  the  amount  due  and  owing  to  such 
stockholder  with  the  State  Treasurer,  which  shall  be  paid  to  such 
stockholder,  or  to  his  legal  representative,  upon  making  satisfactory 
proof  to  the  State  Treasurer  of  right  thereto; 

(5)  The  corporation  shall  then  submit  to  the  Secretary  of  State 
in  duplicate  a  certificate  of  dissolution,  verified  by  the  president,  secre- 
tary or  other  corporate  officer,  setting  forth: 

(a)  The  date  of  the  meeting  of  the  stockholders  at  which  the 
dissolution  was  authorized; 

(b)  A  true  copy  of  the  notice  of  such  meeting,  together  with  a 
certificate  of  mailing  and  publication; 

(c)  A  true  copy  of  the  resolution  authorizing  the  dissolution; 

(d)  A  complete  itemized  list  of  all  the  corporate  debts  and  lia- 
bilities at  the  time  of  the  passage  of  such  resolution; 

(e)  The  date  and  manner  of  payment  of  each  debt  and  liability; 

(f)  A  complete  itemized  list  of  all  its  corporate  assets  and  prop- 
erty at  the  time  of  their  distribution; 

(g)  The  date  and  manner  of  the  distribution  of  corporate  assets 
and  property; 

(6)  If  such  certificate  of  dissolution  is  in  conformity  with  law, 
the  Secretary  of  State  shall  file  the  same  and  shall  issue  to  such  cor- 
poration a  certificate  of  dissolution. 

§  76.  Any  corporation  which  has  ceased  to  do  business  as  a  cor- 
poration, or  has  discontinued  to  exercise  its  corporate  functions,  shall 
thereby  forfeit  its  charter.  The  Attorney  General  shall  proceed  by  in- 
formation in  equity  to  declare  such  forfeiture. 

§  77.  Unless  a  corporation  shall  proceed  to  the  transaction  of 
its  business  within  one  year  from  the  date  of  the  approval  of  its  cer- 
tificate of  incorporation,  then  such  certificate  shall  be  deemed  revoked 
and  all  proceeding  thereunder  void. 


334  CORPORATIONS. 


§  78.  Unless  the  site  described  in  the  statement  of  incorporation 
of  a  building  corporation  is,  at  the  time  the  statement  for  incorpora- 
tion is  filed,  improved  with  a  building  worth  not  less  than  one-half 
the  actual  cash  value  of  such  site  at  such  time,  or  unless  such  building 
corporation  shall  within  five  years  next  thereafter  erect  upon  such  site 
a  building  which  shall  cost  not  less  than  one-half  of  the  full  cash  value 
of  such  site  at  the  time  such  statement  of  incorporation  is  approved, 
such  corporation  shall  forfeit  its  right  to  erect  a  building  and  shall 
dispose  of  such  site  within  six  months  after  the  expiration  of  such  five 
years  and  shall  cease  its  corporate  existence. 

§  79.  The  dissolution,  for  any  cause  whatever,  of  any  corporation, 
shall  not  take  away  or  impair  any  remedy  given  against  such  corpora- 
tions, its  officers,  or  stockholders,  for  any  liabilities  incurred  previous 
to  its  dissolution,  if  suit  therefor  is  brought  and  service  of  process  had 
within  two  years  after  such  dissolution. 

Foreign-  Corporations. 

§  80.  Each  foreign  corporation  organized  for  pecuniary  profit 
(except  banking,  insurance,  building  and  loan  and  surety  companies), 
not  now  licensed  to  do  business  in  this  State,  shall,  before  it  transacts 
any  business  or  maintains  an  office  in  this  State,  procure  a  certificate 
of  authority  therefor  from  the  Secretary  of  State.  No  certificate  shall 
issue  to  any  foreign  corporation  authorizing  it  to  transact  business  in 
this  State  until  the  same  portion  of  its  capital  stock  is  paid  in  as  is 
required  of  like  corporations  organized  under  the  laws  of  this  State. 

§  81.  A  foreign  corporation  desiring  a  certificate  of  authority 
hereunder  shall  file  in  the  office  of  the  Secretary  of  State: 

(1)  A  copy  of  its  charter  duly  authenticated  by  the  proper  of- 
ficer of  the  state  or  country  where  it  is  incorporated; 

(2)  A  statement  verified  by  its  president  and  secretary  or  other 
officer  setting  forth: 

(a)  The  name  of  such  corporation  and  the  location  of  its  prin- 
cipal office  or  place  of  business  without  this  State,  and  the  location  of 
the  proposed  principal  office  or  place  of  business  in  this  State ; 

(b)  The  names  of  the  states  in  which  it  has  qualified  to  do  busi- 
ness under  the  corporation  laws  thereof; 

(c)  The  character  of  business  which  it  intends  to  carry  on  in  this 
State ; 

(d)  An  itemized  estimate  of  the  amount  of  tangible  property  to 
be  employed  by  it  in  the  State  during  the  first  year  next  after  the  date 
on  which  it  shall  be  licensed  and  begin  to  do  business  in  this  State ; 

(e)  An  estimate  of  the  total  amount  of  the  capital  to  be  employed 
by  it  in  this  State  and  an  estimate  of  the  total  amount  of  capital  to  be 
employed  by  it  elsewhere  during  such  year,  itemized  as  follows : 

(1)  The  value  of  patent  rights,  licenses,  franchises,  trade- 

marks, secret  processes,  copyrights  and  good  will.  .$ 

(2)  Contracts  or  choses  in  action $ 

(3)  Merchandise,  raw  materials,   and  goods   in  process   of 

manufacture    $ .  . . . 


CORPORATIONS.  33.' 


(4)  Book  accounts  and  notes $ 

(5)  Machinery  and  real  estate $ 

(6)  Stock  in  other  corporations  and  securities $ 

(7)  Furniture,  fixtures,  stationery,  and  like  articles $ 

(8)  Cash  in  bank .$ 

(9)  Kinds  and  amount  of  other  personality „ $ 

(f)  An  estimate  of  the  annual  business  to  be  transacted  by  the 
corporation  everywhere ; 

(g)  An  estimate  of  the  annual  business  to  be  transacted  at  or 
from  places  of  business  in  Illinois ; 

(h)  The  name  and  address  of  some  person  permanently  residing 
in  this  State,  upon  whom,  as  the  resident  agent  of  the  corporation  until 
his  successor  shall  have  been  appointed,  service  of  legal  process  may 
be  had,  and  the  names  and  addresses  of  the  officers  and  directors ; 

(i)  Such  other  information  touching  the  property  and  business 
of  the  corporation  as  the  Secretary  of  State  may  require; 

In  the  case  of  telegraph,  telephone,  cable,  railroad  or  pipe  line 
corporations,  in  addition  to  the  itemized  estimate  of  the  total  amount 
of  capital  to  be  employed  in  this  State,  there  shall  be  given  the  total 
length  of  such  telephone,  telegraph,  cable,  railroad  or  pipe  line,  and  the 
length  of  the  line  located  in  this  State  and  the  total  value  of  such  line, 
and  the  value  of  such  line  in  this  State. 

§  82.  If  such  statement  is  in  conformity  with  law,  the  Secretary  of 
State  shall  file  the  same.  He  shall  also  issue  a  certificate  subject  to  the 
limitations  and  restrictions  prescribed  by  this  Act.  Upon  the  approval 
of  such  statement  such  corporation  shall  have  authority  to  do  the 
business  set  forth  in  the  certificate  issued  by  the  Secretary  of.  State, 
but  subject,  however,  to  the  terms  and  conditions  prescribed  by  this  Act. 

§  83.  No  foreign  corporation  shall  be  admitted  to  do  business  in 
this  State  having  a  name  the  same  as  or  similar  to  that  of  any  other 
corporation,  domestic  or  foreign,  doing  business  in  this  State.  ISTo 
foreign  corporation  shall  receive  a  certificate  of  authority  which  has 
as  a  part  of  its  name  the  word  "bank",  "banking",  "insurance",  "assur- 
ance", indemnity",  "savings",  or  "benefit",  or  has  as  its  corporate 
name  the  name  of  a  natural  person,  unless  there  shall  appear  as  a  part 
of  the  corporate  name  the  word  "corporation"  or  "incorporated"  or 
"limited",  or  an  abbreviation  thereof. 

§  84.  No  foreign  corporation  shall  engage  or  continue  in  any  kind 
of  business  in  this  State,  the  transaction  of  which  by  domestic  corpora- 
tions is  not  permitted  by  the  laws  of  this  State.  A  foreign  corporation 
admitted  to  do  business  hereunder  shall  enjoy  the  same,  but  no  greater 
rights  and  privileges  and  be  subject  to  all  the  liabilities,  restrictions, 
duties  and  penalties  now  in  force  or  hereafter  imposed  upon  domestic 
corporations  of  like  character,  and  to  the  same  extent  as  if  it  had  been 
formed  under  the  laws  of  this  State  to  do  the  business  set  forth  in  its 
certificate  of  authority. 

§  85.  Each  foreign  corporation  admitted  to  do  business  in  this 
State,  under  the  provisions  of  this,  or  of  any  other  Act,  in  addition 
to  a  copy  of  its  charter,  shall  keep  on  file  in  the  office  of  the  Secretary 


336  CORPORATIONS. 


of  State  a  duly  authenticated  copy  of  each  instrument  amending  its 
charter.  No  foreign  corporation  shall,  by  any  amendment  of  its  charter, 
assume  a  name  the  same  as  or  similar  to  that  of  any  other  corporation, 
domestic  or  foreign,  of  record  in  the  office  of  the  Secretary  of  State. 
§  86.  The  filing  of  any  instrument  amending  the  charter  of  a 
foreign  corporation  shall  not  enlarge  or  alter  the  object  or  purposes 
of  the  foreign  corporation  set  forth  in  the  certificate  of  authority  issued 
by  the  Secretary  of  State,  but  any  foreign  corporation,  not  in  default 
on  the  records  of  the  Secretary  of  State,  may  apply  for  and  receive  a 
new  certificate  of  authority  upon  the  payment  of  the  same  fees  as  are 
charged  for  the  preparation  of  certified  copies  of  records. 

§  87.  Each  such  foreign  corporation  licensed  to  do  business  in 
this  State  shall  keep  constantly  on  file  in  the  office  of  the  Secretary 
of  State  an  affidavit  of  the  president  or  vice-president  and  secretary  or 
assistant  secretary  or  other  officer  of  the  corporation,  with  the  corporate 
seal  of  the  corporation  attached  setting  forth  the  location  of  its  princi- 
pal business  office  in  this  State,  and  the  name  and  address  in  this  State 
of  some  person,  as  its  agent  or  representative  on  whom  service  of  legal 
process  may  be  had  in  all  suits  that  may  be  commenced  against  it;  and 
as  often  as  such  corporation  shall  change  the  location  of  its  principal 
business  office  within  the  State,  or  change  its  agent  for  service  of  legal 
process  or  he  shall  change  his  address,  a  new  affidavit  shall  be  im- 
mediately filed  with  the  Secretary  of  State  by  such  officials  of  such 
corporation. 

§  88.  -  ISTo  foreign  corporation  licensed  to  do  business  in  this  State 
shall  hold  any  real  estate  except  such  as  may  be  necessary  for  the  proper 
carrying  on  of  its  legitimate  business;  nor  be  permitted  to  mortgage, 
pledge  or  encumber  its  real  or  personal  property  situated  in  this  State 
to  the  injury  or  exclusion  of  any  citizen  or  corporation  of  this  State, 
who  is  a  creditor  of  such  foreign  corporation.  No  mortgage  given  to 
secure  any  debt  created  in  any  other  state  shall  take  effect  as  against  or 
to  the  prejudice  of  any  citizen  or  corporation  of  this  State  until  all 
liabilities  due  to  any  person  or  corporation  of  this  State  at  the  time 
of  recording  such  mortgage  shall  have  been  fully  paid. 

§  89.  Each  foreign  corporation  doing  business  continuously  in 
this  State  and  fully  complying  with  all  the  laws  of  this  State,  relating 
to  such  corporations,  shall  be  entitled  to  the  benefit  of  all  provisions 
or  law  relating  to  limitations  of  actions,  the  same  as  corporations  or- 
ganized under  the  laws  of  this  State.  Whenever  any  action  is  brought 
in  this  State  by  a  citizen  or  corporation  thereof,  to  recover  any  indebted- 
ness or  claim  against  a  foreign  corporation,  it  shall  be  competent  to 
proceed  against  any  one  or  more  stockholders  of  such  corporation  at 
the  same  time  to  the  extent  of  the  balance  unpaid  by  such  stockholders 
upon  the  stock  owned  by  them  respectively,  whether  called  in  or  not,  as 
in  cases  of  garnishment. 

§  90.  Any  foreign  corporation  that  has  paid  all  fees  due,  and 
has  otherwise  complied  with  the  laws  of  Illinois,  may  withdraw  from 
the  State  by  surrendering  its  license  and  filing  with  the  Secretary  of 
State  an  affidavit  of  the  president  or  a  vice-president  and  secretary  or  an 


CORPORATIONS.  337 


assistant  secretary  of  the  corporation  to  the  effect  that  no  amount  of 
the  capital  stock  of  the  corporation  is  represented  by  property  located 
and  business  transacted  in  this  State. 

§  91.  If  any  such  foreign  corporation  shall  cease  doing  business 
within  this  State,  or  shall  fail  to  appoint  and  maintain  in  this  State  an 
agent  upon  whom  service  of  legal  process  may  be  had,  the  Secretary  of 
State  shall  be  irrevocably  authorized  as  the  agent  or  representative  of 
such  foreign  corporation  to  accept  service  of  legal  process  in  any  suit 
that  may  be  commenced  against  it  for  or  on  account  of  any  liability 
growing  out  of  any  business  done  hy  it  in  this  State. 

In  case  suit  is  brought  against  any  foreign  corporation  having 
withdrawn  from  the  State,  or  failing  to  appoint  and  maintain  an  agent 
in  this  State  upon  whom  service  of  legal  process  may  be  had,  and 
service  of  process  is  had  upon  the  Secretary  of  State,  it  shall  be  his  duty 
to  forward  a  copy  of  the  process  by  registered  mail  to  the  corporation  at 
its  address  of  record  in  his  office. 

§  92.  The  certificate  of  authority  of  a  foreign  corporation,  sub- 
ject to  the  provisions  of  this  Act,  may  be  revoked  by  the  Secretary  of 
State : 

(1)  Upon  failure  of  an  officer,  director  or  manager,  to  whom 
interrogatories  are  propounded,  to  answer  the  same  fully  and  to  file 
such  answer  in  the  office  of  the  Secretary  of  State  within  thirty  days 
after  the  mailing  of  the  same ; 

(2)  If  such  corporation  is  transacting  no  business  in  Illinois  and 
has  no  tangible  property  in  this  State; 

(3)  If  the  answer  to  interrogatories  propounded  by  the  Secretary 
of  State  discloses,  or  if  the  fact  is  otherwise  ascertained,  that  the 
proportion  of  the  capital  stock  of  such  corporation  represented  in  this 
State  is  greater  than  the  amount  theretofore  paid  upon  by  such  corpora- 
tion and  the  deficiency  in  such  fees  is  not  paid  within  thirty  days  of 
the  receipt  of  a  notice  sent  by  mail  to  the  president  and  secretary,  or 
to  the  statutory  agent  of  such  corporation  of  record  in  this  State,  or  to 
the  attorney  filing  the  interrogatories  for  such  corporation,  or  is  not 
paid  within  such  extension  of  time  as  may  he  granted  by  the  Secretary 
of  State; 

(4)  Upon  failure  of  such  foreign  corporation  to  keep  on  file  in 
the  office  of  the  Secretary  of  State  duly. authenticated  copies  of  each 
instrument  amending  its  charter; 

(5)  Upon  failure  of  such  foreign  corporation  to  appoint  and 
maintain  an  agent  in  this  State  upon  whom  service  of  legal  process 
may  be  had ; 

(6)  Upon  failure,  neglect  or  refusal  to  file  an  annual  report  as 
required  by  this  Act,  or  upon  failure,  neglect  or  refusal  to  pay  the 
fianchise  tax  assessed  against  it  on  or  hefore  the  thirty -first  day  of 
July  of  the  year  in  which  such  franchise  tax  becomes  due  and  payable. 

§  93.  Upon  revoking  such  •  certificate  of  authority  the  Secretary 
of  State  shall : 

—22  L 


338  CORPORATIONS. 


(1)  File  with  the  certified  copy  of  the  charter  of  such  corpora- 
tion a  certificate  of  revocation; 

(2)  File  with  the  recorder  of  deeds  of  the  county  in  Avhich  the 
principal  office  of  such  foreign  corporation  in  this  State  is  located,  a 
copy  of  such  certificate  of  revocation,  to  be  recorded  by  such  recorder 
of  deeds  without  any  fee  therefor; 

(3)  Mail  to  such  corporation  at  its  principal  office  a  notice  of 
revocation,  embodying  therein  a  copy  of  the  certificate  of  revocation. 

No  corporation,  the  certificate  of  authority  of  which  is  revoked, 
shall  transact  any  business  in  this  State,  unless  it  applies  for  and 
receives  a  new  certificate  of  authority. 

§  94.  No  foreign  corporation  doing  business  in  this  State  without 
a  license  shall  be  permitted  to  maintain  any  suit  at  law  or  in  equity 
in  any  of  the  courts  of  this  State  upon  any  demand,  whether  arising 
out  of  contract  or  tort;  and  all  such  corporations  shall  be  liable  by 
reason  thereof  to  a  penalty  therefor  of  not  less  than  two  hundred  and 
fifty  dollars  nor  more  than  one  thousand  dollars,  to  be  recovered  in 
any  court  of  competent  jurisdiction,  in  a  civil  action  to  be  begun  and 
prosecuted  by  the  Attorney  General. 

§  95.  Foreign  corporations  entitled  to  transact  business  in  this 
State  at  the  time  this  Act  takes  effect  (except  banking,  insurance, 
building  and  loan  and  surety  companies),  shall  be  entitled  to  all  the 
rights  and  privileges  and  shall  be  subject  to  all  the  limitations,  restric- 
tions, liabilities  and  duties  as  are  prescribed  herein  for  foreign  cor- 
porations admitted  to  transact  business  in  this  State  under  this  Act. 

Fees  and  Franchise  Taxes. 

§  96.  The  Secretary  of  State  shall  charge  and  collect  an  initial 
fee  of  one-twentieth  of  one  per  centum  upon  the  amount  of  the  capital 
stock  which  the  corporation  is  authorized  to  have,  but  in  no  case  shall 
such  fee  be  less  than  twenty  dollars,  and  a  like  fee  upon  any  subsequent 
increase  and  in  addition  thereto  the  same  fee  as  that  required  for  filing 
oiher  certificates  of  amendment.  In  the  event  that  the  corporation  has 
capital  stock  of  no  par  value,  its  shares,  for  the  purpose  of  fixing  the 
fee,  shall  be  considered  to  be  of  the  par  value  of  one  hundred  dollars 
pei  share.  Each  public  utility  corporation  shall  pay  to  the  Secretary  of 
State  the  same  fees  as  are  required  to  be  paid  for  incorporation  by  other 
corporations  organized  for  pecuniary  profit. 

§  97.  The  Secretary  of  State  shall  also  charge  and  collect  the  fol- 
lowing fees : 

(1)  For  filing  and  issuing  a  certificate  of  amendment  to  the 
articles  of  incorporation  twenty  dollars; 

(2)  For  furnishing  certified  copy  of  any  paper  relating  to  corpo- 
ra t'ons,  twenty-five  cents  per  folio  of  one  hundred  words  and  one  dollar 
for  certificate  and  seal ; 

(3)  For  filing  certificate  of  dissolution,  one  dollar; 

(4)  For  recording  any  railroad  agreement,  twenty-five  dollars; 
and  for  furnishing  a  certified  copy  thereof,  twenty-five  dollars; 


CORPORATIONS.  339 


(5)  For  filing  certificate  of  extension  of  corporate  existence,  or 
merger  or  consolidation  of  corporations  he  shall  charge  the  same  fees  as 
required  for  the  organization  of  a  new  corporation; 

(G)  For  issuing  amended  certificate  of  incorporation  before  com- 
pleting the  organization  of  a  corporation,  twenty  dollars; 

(7)  For  filing  statement  regarding  issuing  of  stock  subsequent  to 
original  organization,  one  dollar. 

§  98.  The  Secretary  of  State  shall  not  file  any  paper  relating  to 
corporations  or  issue  any  papers  relative  thereto  until  the  fees  pro- 
vided by  this  Act  for  such  service  are  paid  to  him. 

§  99.  When  a  public  utility  corporation  shall  renew  its  charter  or 
extend  the  term  of  its  existence  the  Secretary  of  State  shall  charge  and 
collect  the  same  fees  as  provided  in  this  Act  in  the  case  of  a  new 
company. 

§  100.  The  Secretary  of  State  shall  be  entitled  to  demand  and  col- 
lect five  dollars  at  the  time  of  any  service  of  process  on  him  as  attorney 
for  service  of  a  foreign  corporation,  which  may  be  recovered  by  the 
plaintiff  as  a  part  of  his  taxable  costs,  if  he  prevails  in  his  suit. 

§  101.  Each  foreign  corporation  for  pecuniary  profit,  other  than 
an  insurance  company  or  building  and  loan  company,  in  addition  to 
the  annual  franchise  fees  and  taxes  hereinafter  provided,  shall  pay  to 
the  Secretary  of  State  for  its  certificate  of  authority  to  do  business  in 
Illinois  the  same  fees  provided  by  this  Act  to  be  paid  by  a  similar 
corporation  incorporated  under  the  laws  of  this  State.  Each  foreign 
corporation  heretofore  or  hereafter  admitted  to  do  business  in  this 
State  shall  also  pay  for  increases  in  the  amount  of  capital  stock  repre- 
sented in  Illinois,  for  extensions  of  existence,  consolidations,  mergers, 
and  for  filing  amendments  the  same  fees  required  to  be  paid  by  corpora- 
tions organized  under  the  laws  of  this  State.  All  such  fees  shall  be 
based  upon  the  proportion  of  its  authorized  capital  stock  represented 
b}  business  transacted  and  tangible  property  located  in  Illinois.  When- 
ce ei  it  shall  appear  that  the  amount  of  capital  stock  represented  in 
Illinois  is  greater  than  the  amount  theretofore  paid  upon  by  any  foreign 
corporation,  such  corporation,  before  it  shall  continue  to  transact  busi- 
ness in  Illinois,  shall  pay  to  the  Secretary  of  State  upon  such  excess 
the  same  fees  that  a  domestic  corporation  must  pay  upon  an  increase 
in  capital  stock  equal  to  the  amount  of  such  excess. 

If  a  foreign  corporation  has  a  capital  stock  of  no  par  value,  its 
shares,  for  the  purpose  of  estimating  the  amount  of  fees  and  taxes  to 
be  paid  hereunder,  shall  be  considered  to  be  of  the  par  value  of  one 
hundred  dollars  per  share. 

§  102.  Each  corporation  including  railroads,  domestic  and  for- 
eign, other  than  homestead  associations,  building  and  loan  associations, 
tanks,  religious  corporations,  insurance  companies,  and  corporations  not 
for  pecuniary  profit,  shall  make  a  report  in  writing  to  the  Secretary 
ol.'  State  between  the  first  day  of  February  and  the  first  day  of  March  of 
each  year  for  the  calendar  year  ending  December  31st,  preceding,  on 
forms  to  be  prescribed  and  furnished  by  the  Secretary  of  State.  If 
the  corporation  keeps  its   accounts  on  the  basis   of   a   fiscal  year  not 


340  COKPOEATIONS 


identical  with  the  calendar  year,  it  shall  make  such  report  for  the  fiscal 
year  next  preceding  February  first  of  the  year  in  which  such  report  is 
made.  Such  report  shall  give  the  address  of  the  corporation,  officers 
and  directors  in  this  State  by  street  and  number.  Such  annual  report 
shall  also  disclose  such  facts  as  necessary  to  enable  the  Secretary  of 
State  to  ascertain  the  proportion  of  its  capital  stock  represented  by 
business  transacted  and  tangible  property  located  in  this  State  and  such 
other  information  as  may  be  necessary  or  appropriate  in  order  to  assess 
the  annual  license  fee  or  franchise  tax.  Such  report  shall  be  verified 
by  the  oath  of  the  president,  vice-president,  secretary  or  assistant  secre- 
tary of  the  corporation,  but  in  case  the  corporation  is  in  the  hands  of 
an  assignee,  receiver,  or  trustee,  then  such  report  shall  be  signed  and 
verified  by  such  assignee,  receiver  or  trustee. 

The  Secretary  of  State  shall  on  or  before  the  15th  day  of  January 
of  each  year  forward  to  each  corporation  of  record  in  his  office  a  copy 
of  the  forms  to  be  used  in  making  the  report  specified  in  this  Act,  but 
the  failure  to  send  or  to  receive  such  forms  shall  not  relieve  the  corpo- 
ration from  the  duty  of  making  such  report. 

The  Secretary  of  State  shall  publish  on  or  before  September  first 
of  each  year  a  list  of  corporations  making  an  annual  report,  and  shall 
furnish  a  copy  thereof  to  each  recorder  of  deeds. 

§  103.  The  Secretary  of  State  may  require  at  any  time  further 
or  supplemental  reports  verified  as  herein  prescribed,  which  shall  con- 
tain data  and  information  upon  matters  relating  to  such  reports. 

§  104.  It  shall  be  unlawful  for  the  Secretary  of  State  to  accept 
or  file  an  annual  report  of  any  corporation  after  the  first  day  of  March 
of  any  year  without  first  collecting  from  such  corporation  a  fee  of 
twenty  dollars,  which  shall  be  in  addition  to  all  other  fees  or  taxes 
prescribed  by  this  Act.  In  addition  thereto  such  corporation  shall  be 
liable  to  the  penalties  hereinafter  prescribed. 

§  105.  Each  corporation  for  profit,  including  railroads,  except  in- 
surance companies,  heretofore  or  hereafter  organized  under  the  laws 
of  this  State  or  admitted  to  do  business  in  this  State,  and  required 
by  this  Act  to  make  an  annual  report,  shall  pay  an  annual  license  fee 
or  franchise  tax  to  the  Secretary  of  State  of  five  cents  on  each  one 
hundred  dollars  of  the  proportion  of  its  authorized  capital  stock  repre- 
sented by  business  transacted  and  property  located  in  this  State,  but 
in  no  event  shall  the  amount  of  such  license  fee  or  franchise  tax  be 
less  than  ten  dollars  for  any  year. 

§  106.  In  ascertaining  the  amount  of  the  authorized  capital  stock 
represented  by  business  transacted  and  property  located  in  this  State, 
the  sum  of  the  business  of  any  foreign  or  domestic  corporation  trans- 
acted in  this  State  and  the  total  tangible  property  of  such  corporation 
located  within  this  State  shall  be  divided  by  the  sum  of  the  total  busi- 
ness of  the  corporation,  and  the  total  tangible  property  of  the  corpora- 
tion wherever  situated. 

The  license  fee  or  franchise  tax  required  to  be  paid  by  telegraph, 
telephone,  cable,  railroad  and  pipe  line  companies  shall  be  computed  by 
averaging  the  per  cent  obtained,  as  required  above,  with  the  per  cent 


CORPORATIONS.  341 


obtained  by  dividing  the  length  of  such  line  of  telegraph,  telephone, 
cable,  railroad  or  pipe  line  companies  actually  located  in  this  State  by 
the  total  length  of  line  of  such  telegraph,  telephone,  cable,  railroad  and 
pipe  line  company. 

.§  107.  In  case  it  appears  from  the  annual  report  that  the  corpora- 
tion has  no  tangible  property  located  in  this  State,  and  is  transacting 
no  business  in  this  State,  the  following  fees  shall  be  paid  annually  to 
the  Secretary  of  State  as  an  annual  franchise  tax:  All  such  corpora- 
tions having  a  capital  stock  of  $50,000  or  less  shall  pay  an  annual  fee 
of  $10;  corporations  having  a  capital  stock  of  more  than  $50,000  but 
not  exceeding  $200,000  shall  pay  an  annual  fee  of  $15;  corporations 
having  a  capital  stock  of  more  than  $200,000  but  not  exceeding  $500,000 
shall  pay  an  annual  fee  of  $20;  corporations  having  a  capital  stock  of 
more  than  $500,000  but  not  exceeding  $1,000,000  shall  pay  a  fee  of  $50 ; 
corporations  having  a  capital  stock  of  more  than  $1,000,000  but  not 
exceeding  $10,000,000  shall  pay  a  fee  of  $200;  and  all  corporations 
having  a  capital  stock  in  excess  of  $10,000,000  shall  pay  an  annual  fee 
of  $1,000. 

In  the  event  that  the  corporation  has  stock  of  no  par  value,  its 
shares,  for  the  purpose  of  fixing  such  fee,  shall  be  considered  to  be  of 
the  par  value  of  $100  per  share. 

§  108.  The  franchise  tax  herein  provided  to  be  paid  shall  be  due 
and  payable  on  the  first  day  of  July  of  each  year  and  shall  be  the 
franchise  tax  for  the  year  commencing  on  the  first  day  of  July  in 
which  it  is  due  and  ending  on  the  thirtieth  day  of  June  next  thereafter. 

§  109.  The  Secretary  of  State  shall,  from  the  annual  report  filed, 
assess  a  tax  at  the  rates  herein  prescribed  against  each  corporation 
required  herein  to  make  an  annual  report. 

§  110.  If  any  corporation  fails  or  refuses  to  file  its  annual  report 
within  the  time  required  by  this  Act,  the  Secretary  of  State  shall  assess 
a  franchise  tax  against  such  corporation,  based  upon  the  best  possible 
available  information,  adding  to  such  assessment  a  penalty  of  ten  per 
cent  upon  such  assessment.  In  the  notice  sent  to  such  corporation,  the 
assessment  and  the  penalty  shall  be  separately  stated. 

§  111.  The  Secretary  of  State  shall  have  power  to  hear  and  de- 
termine objections  to  any  assessment,  and,  after  hearing,  to  change  or 
modify  any  assessment. 

§  112.  Between  the  first  day  of  February  and  the  fifteenth  day 
of  May,  of  each  year,  the  Secretary  of  State  shall  mail  a  notice  in  writ- 
ing to  each  corporation  against  which  a  tax  is  assessed,  notifying  such 
corporation  of  the  amount  of  the  franchise  tax  assessed  against  it  for 
the  year  next  ensuing,  commencing  on  July  first,  and  the  amount,  if 
any,  found  by  the  Secretary  of  State  from  the  annual  report  to  be  due 
upon  an  increase  of  capital  stock  of  a  foreign  corporation  represented 
in  this  State,  and  that  objections,  if  any,  to  such  assessment  will  be 
heard  by  the  officer  making  such  assessment,  on  a  day  stated  therein, 
not  later  than  the  twenty-fifth  day  of  June.  Such  notice  shall  further 
state  that  the  tax  therein  assessed  is  payable  to  the  officer  making  the 
assessment  on  July  first  after  the  dnte  of  the  notice.     The  notice  re- 


342  CORPORATIONS. 


quired  by  this  section  shall  be  mailed  to  the  corporation  addressed  to 
its  post  office  address  as  shown  by  the  records  in  the  office  of  the  Sec- 
retary of  State.  A  failure  to  receive  the  notice  mentioned  in  this  sec- 
tion shall  not  relieve  a  corporation  of  the  obligation  to  pay  the  annual 
franchise  taxes  nor  shall  it  invalidate  the  assessment  of  the  tax. 

§  113.  It  shall  be  the  duty  of  the  officer  making  the  assessment 
to  collect  the  same. 

§  114.  If  the  franchise  tax  assessed  in  accordance  with  the  pro- 
visions of  this  Act  shall  not  be  paid  on  or  before  the  thirty-first  day 
of  July,  it  shall  be  deemed  to  be  delinquent,  and  there  shall  be  added 
a  penalty  of  five  per  cent  for  each  month  or  part  of  month  that  the 
same  is  delinquent,  commencing  with  the  month  of  August. 

§  115.  The  franchise  taxes  assessed  under  this  Act,  together  with 
penalties,  interest  and  cost  that  shall  accrue  thereon,  shall  be  a  prior 
and  first  lien  on  the  real  and  personal  property  of  the  corporation  from 
and  including  the  first  day  of  July  of  the  year  when  such  franchise 
taxes  should  have  been  paid  until  the  same  have  been  paid. 

The  Secretary  of  State  shall  make  and  keep  in  his  office  a  record 
showing  the  name  of  each  corporation  against  which  a  franchise  tax 
has  been  assessed,  the  amount  assessed  against  each  corporation,  to- 
gether with  penalties  and  costs,  if  any,  and  the  date  when  paid,  and  a 
notation  of  any  and  all  proceedings  taken  for  the  collection  of  the 
franchise  tax. 

§  116.  In  case  any  corporation  shall  fail,  refuse  or  neglect  to  pay 
the  franchise  tax  assessed  against  it  on  or  before  the  thirty-first  day 
of  July,  the  Secretary  of  State  shall  issue  a  warrant,  under  his  hand 
and  official  seal,  directed  to  the  sheriff  of  any  county  in  the  State,  com- 
manding him  to  collect  and  return  such  franchise  tax  and  penalties. 
It  shall  be  the  duty  of  the  sheriff  receiving  such  warrant  to  levy  upon 
and  sell  the  personal  property  of  such  corporation  to  satisfy  such  fran- 
chise tax  and  penalties,  together  with  the  legal  costs  and  charges  of 
such  sheriff.  Upon  the  receipt  of  such  warrant  the  sheriff  shall  pro- 
ceed upon  the  same  in  all  respects,  with  like  effect,  and  in  the  same 
manner'  as  prescribed  by  law  in  respect  to  executions  issued  against 
property  upon  judgments  of  courts  of  record,  and  shall  be  entitled 
to  the  same  fees  for  the  execution  of  the  warrant,  to  be  collected  in  the 
same  manner. 

§  117.  The  Secretary  of  State,  through  the  Attorney  General, 
may,  at  any  time  on  or  after  the  first  day  of  August  of  the  year  in 
which  the  franchise  tax  is  due  and  payable,  institute  an  action  of 
debt,  in  the  name  of  the  People  of  the  State  of  Illinois,  in  any  court 
of  competent  jurisdiction,  for  the  recovery  of  the  amount  of  such  taxes 
and  penalties  due  and  prosecute  the  same  to  final  judgment. 

§  118.  In  case  any  corporation,  required  herein  to  pay  a  franchise 
tax,  shall  fail,  neglect  or  refuse  to  file  its  annual  report,  as  required 
by  this  Act,  or  shall  fail,  neglect  or  refuse  to  pay  the  franchise  tax 
assessed  against  it  on  or  before  the  thirty-first  day  of  July  of  the  year  in 
which  such  franchise  tax  becomes  due  and  payable,  the  Attorney  Gen- 
eral shall  file  an  information  in  equity  against  such  corporation,  either 
in  the  Circuit  Court  of  Sangamon  County  or  in  the  Circuit  Court  of 


CORPORATIONS.  343 


such  other  county  in  the  State  as  to  the  Attorney  General  may  seem 
best  for  the  dissolution  of  a  domestic  corporation  for  abandonment  and 
non-user  of  its  charter. 

§  119.  Upon  the  filing  of  such  information  in  equity  summons 
shall  issue,  directed  to  the  sheriff  of  the  county  in  which  the  principal 
office  in  this  State,  as  shown  by  the  records  in  the  office  of  the  Secre- 
tary of  State  is  located,  which  summons  shall  be  served  by  delivering 
a  copy  thereof  to  the  president  of  such  corporation,  if  he  can  be  found 
in  such  county,  and,  if  he  cannot  be  found  therein,  then  by  leaving 
such  copy  with  the  clerk,  secretary,  superintendent,  or  other  agent  of 
such  corporation. 

§  120.  In  case  the  sheriff  shall  make  return  thereon  that  such 
president,  clerk,  secretary,  superintendent  or  other  agent  of  such  cor- 
poration cannot  be  found  in  his  county,  then  the  Attorney  General 
shall  cause  publication  to  be  made  in  some  newspaper  printed  in  the 
county  where  the  principal  office  in  this  State  of  such  corporation  is 
located  (as  shown  by  the  records  in  the  office  of  the  Secretary  of 
State),  containing  a  notice  of  the  pendency  of  such  suit,  the  names 
of  the  parties  thereto,  the  title  of  the  court  and  the  time  and  place 
of  the  return  of  the  summons.  The  Attorney  General  shall  incorporate 
in  one  publication  and  notice  the  names  of  all  corporations  against 
which  information  in  equity  are  filed  to  the  same  term  of  court.  The 
Attorney  General  shall  also,  within  ten  days  of  the  first  publication 
of  such  notice,  send  a  copv  thereof  by  mail,  addressed  to  the  corpora- 
tion at  its  principal  office  in  this  State,  as  shown  by  the  records  in  the 
office  of  the  Secretary  of  State,  and  his  certificate  to  that  effect  shall 
be  evidence. 

§  121.  The  notice  herein  required  may  begin  at  any  time  after 
the  return  of  the  sheriff  is  filed,  and  shall  be  published  at  least  once 
each  week  for  three  successive  weeks  and  no  default  shall  be  taken 
against  any  defendant  not  served  with  summons,  and  not  appearing, 
until  thirty  days  shall  have  intervened  between  the  date  of  the  first 
publication  and  the  first  day  of  the  term  of  court  at  which  such  default 
or  proceeding  is  proposed  to  be  taken. 

§  122.  The  practice  shall  be  the  same  as  in  cases  in  chancery, 
except  that  the  Attorney  General  shall  not  be  required  to  file  a  copy 
of  his  pleadings.  Suits  instituted  hereunder  shall  be  placed  on  a  sep- 
arate docket  and  shall  stand  for  hearing  upon  the  call  of  such  docket 
at  such  times  during  any  term  of  such  court  as  the  judge  thereof  shall 
order. 

§  123.  In  case  the  court  shall  decree  a  dissolution  of  such  corpora- 
tion, or  shall  enjoin  a  foreign  corporation  from  further  transacting 
business  in  this  State,  the  clerk  shall  certify  such  fact  to  the  Secretary 
of  State.  Upon  the  filing  of  such  certificate  such  dissolution  shall  be 
complete. 

§  124.  The  cost  of  the  publication  necessary  to  procure  service  of 
notice  on  a  corporation  shall,  unless  the  decree  is  against  the  defendant 
and  unless  such  cost  can  be  collected  of  the  defendant,  be  paid  by 
the   State.      Such   costs   of  publication   shall   be   as   follows   and   shall 


344  COEPOEATIONS. 


constitute  full  payment  for  three  publications  and  the  certificate  of  the 
publisher  that  such  publication  was  made: 

Twenty-five  cents  for  each  corporation  named  in  the  notice,  and, 
in  addition  thereto,  ten  dollars. 

No  other  costs  or  charges  shall  be  allowed  or  paid  for  any  other 
service  performed  with  relation  to  such  information  in  equity. 

§  125.  The  filing  of  such  report,  and  the  payment  of  such  fran- 
chise tax  and  penalties  and  legal  costs  of  suit,  during  the  pendency  of 
such  information  in  equity,  shall  abate  such  suit. 

§  126.  On  the  fifteenth  day  of  September  of  each  year,  the  Secre- 
tary of  State  shall  certify  to  the  Attorney  General  the  names  of  all 
corporations  that  have  neglected  to  pay  the  franchise  taxes  or  have 
neglected  to  file  the  annual  report  in  accordance  with  the  provisions  of 
this  Act,  together  with  all  facts  in  relation  thereto  and  it  is  hereby 
made  the  duty  of  the  Attorney  General  at  the  earliest  practicable  mo- 
ment, in  the  name  of  the  People  of  the  State  of  Illinois  to  institute 
proceedings  for  the  dissolution  of  such  corporation  for  failure  to  pay 
such  fees,  or  for  the  abandonment  and  non-user  of  charter.  The  cer- 
tificate from  the  Secretary  of  State  to  the  Attorney  General  shall  be 
taken  and  received  in  all  courts  and  places  as  prima  facie  evidence  of 
the  facts  therein  stated.  At  any  time  prior  to  the  institution  of  suit 
and  upon  filing  an  affidavit  that  the  corporation  has  been  continuously 
in  active  business  and  filing  of  a  report  in  the  form  of  an  annual  re- 
port, required  by  this  Act,  and  upon  the  payment  of  all  fees,  taxes  and 
penalties  due,  the  Secretary  of  State  shall  certify  to  the  Attorney 
General  of  the  filing  of  the  report  and  the  pa^rment  of  the  fees,  taxes 
and  penalties  due. 

§  127.  No  corporation  shall  be  deemed  to  be  organized  or  licensed 
to  transact  business  in  this  State,  its  capital  stock  increased,  its  charter 
amended  or  renewed,  its  existence  extended,  merger  or  consolidation 
effected,  nor  shall  it  issue  any  stock,  stock  certificates,  bonds,  notes  or 
other  evidences  of  indebtedness  upon  which  fees  are  required  by  law 
to  be  paid,  until  such  fees  are  fully  paid. 

No  papers  shall  be  filed  in  the  office  of  the  Secretary  of  State  in 
and  about  the  incorporation  of  any  company  until  the  initial  and  other 
franchise  fees  provided  by  this  Act  are  fully  paid,  when  due.  No 
corporation  in  default  in  the  payment  of  franchise  taxes  shall  file  any 
papers  in  the  office  of  the  Secretary  of  State  until  such  franchise  taxes 
and  penalties  thereon  are  fully  paid. 

§  128.  No  foreign  corporation  required  to  pay  a  franchise  tax  or 
fee  under  the  laws  of  this  State  shall  transact  any  business  in  this 
State  or  maintain  any  action  at  law  or  suit  in  equity,  unless  such 
corporation  shall  have  paid  such  franchise  tax,  or  such  fees  when  the 
same  became  due  and  payable. 

§  129.  In  addition  to  all  other  fees  required  by  law  to  be  paid, 
the  Secretary  of  State  shall  collect  in  advance  from  corporations  sub- 
ject to  a  franchise  tax,  annual  franchise  taxes  as  follows : 

(1)  If  a  corporation  is  organized,  or  admitted  to  do  business  in 
this  State,  or  its  capital  stock  increased: 


CORPORATIONS.  345 


(a)  Between  March  first,  1920,  and  July  first,  1920,  a  franchise 
tax  for  one  and  one-third  year; 

(b)  Between  July  first  of  any  year  (after  the  year  1919),  and 
September  thirtieth  of  the  same  year  a  franchise  tax  equal  to  the  full 
amount  of  the  annual  franchise  tax; 

(c)  Between  October  first  of  any  year  (after  the  year  1919)  and 
December  thirty-first  of  the  same  year  a  franchise  tax  equal  to  three- 
fourths  of  the  annual  franchise  tax; 

(d)  Between  January  first  of  any  year  and  the  last  day  of  Feb- 
ruary of  the  same  year,  a  franchise  tax  equal  to  one-half  of  the  annual 
franchise  tax; 

(c)  Between  March  first  of  any  year  (after  the  year  1920)  and 
June  thirtieth  of  the  same  year,  a  franchise  tax  equal  to  one  and  one- 
third  of  the  annual  franchise  tax. 

The  word  "between"  as  used  in  this  section  shall  include  both 
dates  specified. 

§  130.  The  annual  franchise  taxes  imposed  by  this  Act  shall  be  in 
addition  to  any  specific  licenses  or  taxes  imposed  by  law  upon  such 
corporation  for  the  privilege  of  carrying  on  its  business,  or  upon  its 
franchise  or  property. 

Miscellaneous. 

§  131.  It  shall  be  the  duty  of  each  corporation  organized  under 
the  laws  of  this  State  or  admitted  to  do  business  in  this  State  to  file  for 
record  in  the  office  of  the  recorder  of  deeds  of  the  county  where  its 
principal  office  is  located,  the  following  papers : 

(1)  The  certificate  of  organization; 

(2)  The  certificate  of  any  amendment  of  its  charter; 

(3)  The  certificate  of  merger  or  consolidation; 

(4)  The  certificate  of  dissolution; 

(5)  The  certificate  of  authority  of  a  foreign  corporation  to  trans- 
act business  in  this  State. 

Such  instruments  shall  be  filed  within  ten  days  after  the  issuance 
thereof  by  the  Secretary  of  State  and  shall  be  recorded  by  the  recorder 
of  deeds  in  a  book  kept  for  that  purpose. 

§  132.  The  Secretary  of  State  shall  possess  and  have  all  necessary 
powers,  and  shall  perform  all  the  duties  which  may  be  required  to 
properly  and  efficiently  enforce  and  administer  the  requirements  and 
provisions  of  this  Act.  He  may  propound  such  interrogatories  to  any 
corporation,  domestic  or  foreign,  which  he  may  deem  necessary  and 
proper,  for  the  purpose  of  ascertaining  whether  or  not  such  corpora- 
tion has  complied  with  all  the  provisions  of  this  Act. 

Such  interrogatories,  if  directed  to  an  applicant,  shall  be  answered 
by  such  applicant,  and,  if  directed  to  a  corporation,  shall  be  answered  by 
the'president  or  vice-president  or  the  secretary  or  an  assistant  secretary 
thereof  within  such  time,  not  less  than  ten  days  after  mailing,  as  shall 
be  fixed  by  the  Secretary  of  State.  All  interrogatories  must  be  answered 
in  writing  and  under  oath. 


346  CORPORATIONS. 


Such  interrogatories  shall  be  answered  directly  and  positively  and 
without  equivocation  or  evasion. 

If  the  interrogatories  relate  to  an  instrument  or  paper  which 
must  be  approved  by  the  Secretary  of  State,"  the  Secretary  of  State 
shall  not  be  under  the  duty  of  approving  such  instrument  or  paper 
until  such  interrogatories  are  answered  under  oath,  and  not  then  if 
such  answers  disclose  that  such  instrument  or  paper  is  not  in  con- 
formity with  law.  If  the  interrogatories  relate  to  an  instrument  or 
paper  which  must  be  filed  in  the  office  of,  but  not  approved  by,  the 
Secretary  of  State,  or  to  other  matters  about  which  the  Secretary  of 
State  may  lawfully  interrogate  a  corporation,  and  the  answers  thereto 
disclose  a  violation  of  this  Act,  then  such  interrogatories  and  the  answers 
thereto  shall  be  certified  to  the  Attorney  General  for  such  action  as  he 
may  deem  appropriate. 

§  133.  Failure,  neglect  or  refusal  to  answer  interrogatories  pro- 
pounded by  the  Secretary  of  State  within  the  time  specified  in  such 
interrogatories,  or  within  extensions  thereof  authorized  by  the  Secre- 
tary of  State,  shall  in  the  case  of  domestic  corporations,  constitute 
grounds  of  forfeiture  of  charter,  and  in  the  case  of  foreign  corpora- 
tions, authorize  the  Secretary  of  State  to  revoke  the  authority  of  such 
foreign  corporation  to  transact  business  in  this  State. 

§  134.  All  facts  and  information  obtained  by  such  interrogatories, 
except  insofar  as  official  duty  requires  the  same  to  be  made  public,  or 
when  such  papers  are  required  as  evidence  in  any  criminal  proceeding 
or  trial  in  a  court  of  justice,  shall  not  be  open  to  public  inspection. 

§  135.  The  Secretary  of  State  shall  report  from  time  to  time  to 
the  Attorney  General  instances  of  neglect  or  omission  on  the  part  of 
corporations  to  comply  with  the  provisions  of  this  Act. 

§  136.  The  Secretary  of  State  shall  prescribe  and  furnish  all 
forms  necessary  for  the  incorporation  of  companies,  certificates  and 
reports  and  all  other  papers  required  by  this  Act  to  be  filed  in  his  office. 

§  137.  The  term  "tangible  property"  as  used  in  this  Act,  shall 
mean  corporeal  property,  such  as  real  estate,  machinery,  tools,  imple- 
ments, goods,  wares  and  merchandise,  and  shall  not  be  taken  to  mean 
money,  deposits  in  bank,  shares  of  stock,  bonds,  notes,  credits  or  evi- 
dence of  an  interest  in  property  or  evidences  of  debt. 

§  13cS.  Any  corporation  heretofore  organized  under  any  special 
or  general  law  of  this  State  (other  than  for  the  purposes  of  banking, 
insurance,  real  estate  brokerage,  the  operation  of  railroads  or  the  busi- 
ness of  loaning  money,  except  as  in  this  Act  specifically  provided)  shall 
be  entitled  to  the  rights,  privileges,  immunities  and  franchises  pro- 
vided by  this  Act. 

§  139.  Any  corporation  organized  under  any  general  or  special 
Act  of  this  State,  doing  business  as  a  co-operative  association,  shall 
have  the  benefits  of  this  Act,  and  be  bound  thereby  on  filing  with  the 
Secretary  of  State,  a  written  declaration,  signed  and  sworn  to  by  the 
president  and  secretary,  under  the  corporate  seal,  to  the  effect  that  the 
corporation  has  by  the  vote  of  two-thirds  of  its  shareholders  at  any 
regular  annual  meeting,  or  any  special  meeting  called  for  that  purpose, 


CORPORATIONS.  347 


decided  to  accept  the  benefits  of  the  provisions  of  this  Act,  and  to  be 
bound  thereby. 

§  140.  Nothing  contained  in  this  Act  shall  be  construed  to  alter, 
modify  or  repeal  any  of  the  provisions  of  an  Act  entitled,  "An  Act 
to  provide  for  the  regulation  of  public  utilities,"  approved  June  30, 
1913,  in  force  January  1,  1914,  and  amendments  thereto.  The  term 
"public  utility"  or  "public  utilities"  as  used  in  this  Act  shall  be  the 
same  as  defined  in  said  Act  to  provide  for  the  regulation  of  public 
utilities. 

§  141.  Nothing  contained  in  this  Act  shall  be  held  or  construed  to 
alter,  modify,  release  or  impair  the  rights  of  this  State  as  now  reserved 
to  it  in  any  railroad  charter  heretofore  granted,  or  to  effect  in  any 
way  the  rights  or  obligations  of  any  railroad  company  derived  from, 
or  imposed  by  such  charter. 

§  142.  Nothing  herein  contained  shall  be  so  construed  to  author- 
ize or  permit  the  Illinois  Central  Eailroad  Company  to  sell  the  rail- 
way constructed  under  its  charter  approved  February  10,  1851,  or  to 
mortgage  the  same,  except  subject  to  the  rights  of  the  State  under  its 
contract  with  said  company,  contained  in  its  said  charter,  or  to  dis- 
solve its  corporate  existence,  or  to  relieve  itself  or  its  corporate  property 
from  its  obligations  to  this  State,  under  the  provisions  of  said  charter; 
nor  shall  anything  herein  contained  be  so  construed  as  to  in  any  man- 
ner relieve  or  discharge  anv  railroad  company,  organized  under  the 
laws  of  this  State,  from  the  duties  or  obligations  imposed  by  virtue 
of  any  statute  now  in  force  or  hereafter  enacted. 

§  143.  Whenever,  under  the  provisions  of  this  Act,  any  action  is 
to  be  taken  after  notice  either  to  the  stockholders  or  directors,  or  after 
the  lapse  of  a  prescribed  period  of  time,  such  action  may  be  taken 
without  notice  and  without  the  lapse  of  such  prescribed  period  of  time, 
if  such  action  be  taken  while  all  persons  interested  are  present,  and 
consenting  thereto  or  be  authorized  or  approved  or  such  requirement 
be  waived  in  writing  by  each  nerson  interested  and  entitled  to  notice, 
or  by  his  attorney  thereto  authorized. 

§  144.  All  notices  required  by  this  Act,  except  as  otherwise  pro- 
vided herein,  shall  be  in  writing,  and  when  not  personally  served, 
shall  be  deposited  in  the  post  office  at  least  twenty  days  before  the 
time  fixed  for  the  event  whereof  notice  is  given,  properly  addressed 
to  the  last  known  post  office  address  of  the  person  or  corporation  en- 
titled to  such  notice.  When  a  notice  is  required  to  be  published,  it 
shall,  unless  herein  otherwise  provided,  be  published  in  a  newspaper  of, 
general  circulation,  published  in  the  county  in  this  State  within  which 
the  principal  office  or  place  of  business  of  the  corporation  is  located, 
once  each  week  for  three  successive  weeks. 

§  145.  Copies  of  all  articles  of  incorporation,  and  amendments 
thereto,  of  certificates  of  consolidation,  merger  or  dissolution,  or  any 
paper  lawfully  filed,  and  certificates  licensing  foreign  corporations,  duly 
certified  by  the  Secretary  of  State,  shall  be  taken  and  received  in  all 
courts  and  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

§  146.  The  General  Assembly  shall  at  all  times  have  power  to 
prescribe  such  regulations,  provisions  and  limitations  as  it  may  deem 


348  CORPORATIONS. 


advisable,  which  regulations,  provisions  and  limitations  shall  be  bind- 
ing upon  any  and  all  corporations,  domestic  or  foreign,  formed  or  ad- 
mitted to  do  business  under  this  Act,  and  subject  thereto,  and  the 
legislature  shall  have  power  to  amend,  repeal  or  modify  this  Act  at 
pleasure. 

§  147.  The  provisions  of  this  Act  shall  apply  to  commerce  with 
foreign  nations  and  among  the  several  states  only  insofar  as  the  same 
may  be  permitted  under  the  provisions  of  the  constitution  of  the  United 
States. 

Penalties. 

§  148.  If  any  corporation  heretofore  or  hereafter  organized  under 
the  laws  of  this  State  shall,  under  color  of  any  of  the  powers  granted 
herein,  commit  any  act  in  excess  of  such  powers,  such  act'  shall  be 
voidable  at  the  instance  of  the  Attorney  General,  in  a  direct  proceeding 
in  the  nature  of  a  quo  warranto  instituted  by  him  against  the  corpora- 
tion. 

§  149.  If  any  person  or  persons  being,  or  pretending  to  be,  an 
officer  or  agent  or  board  of  directors  of  any  corporation,  or  pretended 
corporation  shall  assume  to  exercise  corporate  powers  or  use  the  name 
of  such  coporation  or  pretended  corporation  before  it  has  been  author- 
ized to  do  business,  under  the  laws  of  this  State,  then  they  shall  be 
jointly  and  severally  liable  for  all  debts  and  liabilities  made  by  them 
and  contracted  in  the  name  of  such  corporation  or  pretended  corpora- 
tion, and  suits  at  law  may  be  prosecuted  therefor  by  creditors  indi- 
vidually. 

§  150.  If  any  report,  certificate,  or  statement  made,  or  public 
notice  given  by  the  officers  or  any  of  them,  of  a  corporation,  shall  be 
false  in  any  material  particular,  statement  or  representation,  all  of  the 
officers  who  have  signed  the  same,  knowing  it  to  be  false,  shall  be 
jointly  and  severally  liable  for  all  damages  arising  therefrom. 

§  151.  If  any  officer  of  a  corporation  required  by  this  Act  to 
make  a  report  under  oath  to  the  Secretary  of  State,  shall  in  such 
report  willfully  and  knowingly  make  any  false  statement,  he  shall  be 
guilty  of  perjury. 

§  152.  Any  corporation,  or  any  officer  or  agent  thereof,  failing 
or  neglecting  to  file  in  the  office  of  the  recorder  of  deeds  within  the 
time  required  by  this  Act  the  instruments  and  papers  required  by  this 
Act  to  be  recorded,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  may  be  fined  in  any  sum  not  exceeding  five 
hundred  dollars. 

§  153.  Any  corporation  failing  to  file  its  annual  report  within 
the  time  required  by  this  Act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding  one 
thousand  dollars. 

Repeal  and  Saving. 

§  154.     The  following  Acts  and  parts  of  Acts  are  hereby  repealed : 
"An  Act  in   relation  to   the   consolidation  of    incorporated    com- 
panies," approved  March  9,  1867,  in  force  May  9,  1867; 


CORPORATIONS.  349 


Sections  1  to  281/2,  inclusive,  of  "An  Act  concerning  corporations," 
approved  April  18,  1872,  in  force  July  1,  1872; 

"An  Act  to  provide  for  changing  the  names,  for  changing  the 
place  of  doing  business,  for  increasing  or  decreasing  the  capital  stock, 
for  increasing  or  decreasing  the  number  of  directors,  for  enlarging  or 
changing  the  objects  for  which  such  corporation  were  formed,  and  for 
the  consolidation  of  incorporated  companies,"  approved  and  in  force 
March  26,  1873  (1872),  as  amended 'by  an  Act  approved  June  6,  1889, 
and  in  force  July  1,  1889,  insofar  as  said  Act  refers  to  any  corporation 
or  corporations  other  than  railroads; 

"An  Act  authorizing  the  changing  of  the  number  of  directors 
of  incorporated  companies  m  certain  cases,"  approved  and  in  force 
May  22,  1877; 

Section  7-a  and  section  7-b  of  "An  Act  to  provide  for  the  punish- 
ment of  persons,  co-partnerships  or  corporations  forming  pools,  trusts 
and  combinations  and  mode  of  procedure  and  rules  of  evidence  in  such 
cases,"  approved  June  11,  1891,  and  in  force  July  1,  1891; 

"An  Act  to  amend  an  Act  entitled,  'An  Act  concerning  corpora- 
tions/ approved  April  18,  1872,  and  in  force  July  1,-  1872,  by  provid- 
ing for  the  dissolution  of  corporations  organized  or  hereafter  organ- 
ized upon  the  stock  plan  thereunder  by  adding  thereto  four  sections, 
to  be  numbered  fifty,  fifty-one,  fifty-two  and  fifty-three,  respectively," 
approved  June  17,  1895,  and  in  force  July  1,  1895; 

"An  Act  concerning  real  estate  agency  corporations,"  approved 
June  23,  1915,  and  in  force  July  1,  1915; 

"An  Act  to  regulate  the  admission  of  foreign  corporations  for 
profit  to  do  business  in  the  State,"  approved  May  18,  1905,  and  in  force 
July  1,  1905; 

Sections  1,  2,  3,  4,  5,  6,  8  and  9  of  "An  Act  requiring  corporations 
to  make  annual  reports  to  the  Secretary  of  State  and  providing  for 
cancellation  of  articles  of  incorporation  for  failure  to  do  so,  and  to 
repeal  a  certain  Act  therein  named,"  approved  May  10,  1901,  and  in 
force  July  1,  1901 ; 

"An  Act  regarding  fees  for  the  incorporation  and  increase  of 
capital  stock  of  companies  and  corporations  in  this  State,"  approved 
June  15,  1895,  and  in  force  July  1,  1895; 

"An  Act  to  provide  for  the  incorporation  of  associations  for  the 
purpose  of  owning  certain  classes  of  real  estate  and  defining  and 
limiting  the  powers  of  such  corporations,"  approved  June  29,  1917, 
and  in  force  July  1,  1917; 

"An  Act  to  provide  for  the  incorporation  of  co-operative  associa- 
tions for  pecuniary  profit,"  approved  May  31,  1887,  in  force  Julv  1, 
1887. 

§155.  Corporations  organized  hereunder  for  the  purpose  of  con- 
structing, maintaining  and  operating  any  elevated  way  or  conveyor 
shall  be  subject  to  the  provisions  of: 

An   Act   in   regard   to    elevated    ways    and    convevors,"    approved 
April  7,-1875,  in  force  July  1,  1875,  and  amendments  thereto; 

Corporations  organized  hereunder  for  the  purpose  of  accepting 
and  executing  trusts  shall  be  subject  to  the  provisions  of: 


350  CORPOKATIONS. 


"An  Act  to  provide  for  and  regulate  the  administration  of  trusts 
by  trust  companies,"  approved  June  16,  1887,  in  force  July  1,  1887,  and 
amendments  thereto. 

Corporations  organized  hereunder  for  the  purpose  of  building, 
operating  and  maintaining  within  this  State  any  levee,  canal  or  tunnel 
for  agricultural,  mining  or  sanitary  purposes,  shall  be  subject  to  the 
provisions  of: 

"An  Act  to  enable  the  construction  by  incorporated  companies  of 
levees,  canals  and  tunnels  for  agricultural,  mining  or  sanitary  pur- 
poses," approved  June  10,  1897,  in  force  July  1,  1897,  and  amend- 
ments thereto. 

Corporations  organized  hereunder,  in  counties  of  over  two  hun- 
dred and  fifty  thousand  inhabitants,  to  loan  money  on  pledges  of  goods, 
chattels,  and  savings  bank  deposit  books,  commonly  called  pawners' 
societies,  shall  be  subject  to  the  provisions  of: 

"An  Act  to  provide  for  the  incorporation,  management  and  regu- 
lation of  pawners'  societies  and  limiting  the  rate  of  compensation  to  be 
paid  for  advances,  storage  and  insurance  of  pawns  and  pledges,  and  to 
allow  the  loaning  of  money  upon  personal  property,"  approved  March 
29,  1899,  in  force  July  1,  1899,  and  amendments  thereto. 

Corporations  organized  hereunder  for  the  purpose  of  loaning 
money  secured  by  assignment  of  wages  shall  be  subject  to  the  pro- 
visions of: 

"An  Act  to  provide  for  the  incorporation,  management  and  regu- 
lation of  wage  loan  corporations  and  to  allow  the  loaning  of  money  by 
such  corporations  secured  by  assignment  of  wages,  and  limiting  the 
rate  of  compensation  to  be  paid,"  approved  June  20,  1913,  in  force 
July  1,  1913. 

§  156.  The  provisions  of  this  Act,  so  far  as  they  are  the  same  as 
those  existing  statutes,  shall  be  construed  as  a  continuation  thereof, 
and  not  as  a  new  enactment;  and  a  reference  in  a  statute  which  has  not 
been  repealed,  to  provisions  of  law  which  have  been  revised  and  re- 
enacted  herein,  shall  be  construed  as  applying  to  such  provisions  as  so 
incorporated  in  this  Act. 

The  repeal  of  a  law  by  this  Act  shall  not  affect  any  act  done,  rati- 
fied or  confirmed,  or  any  right  accrued  or  established,  or  any  penalty 
incurred  under  the  provisions  of  such  law. 

§  157.  If  any  clause,  sentence,  paragraph  or  part  of  this  Act  shall 
be  adjudged  by  any  court  of  competent  jurisdiction  to  be  invalid  or 
unconstitutional,  such  judgment  shall  not  affect,  impair,  invalidate  or 
nullify  the  remainder  of  this  Act,  but  the  effect  thereof  shall  be  con- 
fined to  the  clause,  sentence,  paragraph,  or  part  thereof  immediately 
involved  in  the  controversy  in  Avhich  such  judgment  or  decree  shall  be 
rendered. 

§  158.  Whenever  commissioners  licensed  to  open  books  of  sub- 
scription to  the  capital  stock  of  a  proposed  corporation  to  be  organized 
under  any  law  of  this  State  shall  desire  to  complete  the  organization 
of  such  company,  they  may  proceed  to  do  so  in  the  same  manner  as 
provided  by  this  Act,  provided,  the)'  complete  the  organization  of  such 


CORPORATIONS.  351 


proposed  corporation  within  the  time  specified  by  the  Act  under  which 
such  license  was  issued. 

Approved  June  28,  1919. 


•     DEFECTIVE  ORGANIZATIONS. 
§   1.     Certificate  recorded  after  time  limit — validated — exceptions. 
(Senate  Bill,  No.  469.     Approved  June  28,  1919.) 

An  Act  to  cure'  defective  organizations  of  corporations  organized  under 
an  Act  entitled:  "An  Act  concerning  corporations,"  approved  April 
IS,  1S72,  in  force  July  1,  1872,  ivhere  the  certificates  of  complete  or- 
ganizations have  not  been  recorded  in  the  office  of  the  recorder  of 
deeds,  within  the  time  specified. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  .Illinois, 
represented  in  the  General  Assembly:  That  in  any  case  in  which  a 
corporation  has  been  attempted  to  be  organized  under  the  Act  of  the 
General  Assembly  of  this  State,  entitled,  "An  Act  concerning  corpora- 
tions," approved  April  18,  1872,  and  in  force  July  1,  1872,  and  Acts 
amendatory  thereof,  and  a  certificate  of  the  complete  organization  of 
such  corporation  has  been  duly  issued  by  the  Secretary  of  State,  and 
the  corporation  so  attempted  to  be  organized,  and  so  certified  by  said 
certificate  to  have  been  completely  organized,  has  thereupon  proceeded 
to  do  business  as  a  corporation  within  the  period  of  two  (2)  years  after 
the  date  of  the  license  issued  by  the  Secretary  of  this  State  for  the  or- 
ganization of  such  corporation,  and  has  continuously  since  been,  and 
is  at  the  date  of  the  passage  of  this  Act,  purporting  to  transact  business, 
and  carry  on  its  affairs  as  a  corporation,  and  said  certificate  has  been 
heretofore  recorded  in  the  office  of  the  recorder  of  deeds  of  the  county 
where  the  principal  office  of  said  company  is  located,  as  set  forth  in  said 
certificate,  but  such  certificate  was  recorded  not  prior,  but  subsequent, 
to  the  expiration  of  two  years  from  the  date  of  said  license,  such  corpo- 
ration is  hereby  made  a  valid,  legal  and  fully  organized  corporation  the 
same  as  if  said  certificate  had  been  so  recorded  in  said  recorder's  office 
within  two  years  from  the  date  of  such  license,  and  all  the  acts  and 
transactions  done  by,  and  with,  such  corporation,  are  hereby  made  legal 
and  binding;  provided,  however,  that  this  Act  shall  not  affect  any  lia- 
bility of  any  officer,  director,  stockholder  or  agent  of  such  corporation, 
incurred  prior  to  the  passage  of  this  Act. 
Approved  June  28,  1919. 


ILLINOIS  SECURITIES  LAW. 

§      1.     Name    of   law.  §      4.     Securities      belonging      to      Class 

"A." — exempt. 

§      2.     Words  and  phrases  defined.  _.         ...  .    ,        .  ,        P1„„„ 

§      5.     Securities      belonging      to      Class 
"B" — exempt    on    condition. 
§      3.     Division  and  classification  of  se- 
curities. §      6.     Class   "C"   securities   defined. 


352 


CORPORATIONS. 


ILLINOIS    SECURITIES    LAW — Continued. 


§  7.  Nature  of  statement  to  be  filed 
with  the  Secretary  of  State  re- 
lating to    Class   "C"   securities. 

§      8.     Class  "D"   securities  defined. 

§  9.  Statements  to  be  filed  relative  to 
Class  "D"  securities — detail  of 
information  required — irrevoc- 
able contract  for  issuer  to  re- 
ceive 80%  of  proceeds  of  sale 
— summary  statements — infor- 
mation verified  by  officers  of 
issuer. 

§   10.     Inventory      and      appraisement — 
qualifications  of  appraisers. 

§  11.  Secretary  of  State  may  designate 
certified  public  accountant  to 
examine  records  of  issuer — 
Secretary  of  State  to  fix  com- 
pensation of  certified  public 
accountant. 

§  12.  Stock  issued  or  to  be  issued  for 
intangible  property  to  be  placed 
in    escrow. 

§  13.  Qualification  of  solicitors,  agents 
or  brokers  offering  securities 
of  issuer. 

§  14.  Dealer  may  sell  Class  "D"  se- 
curities which  have  qualifier! 
by  submitting  statement  of 
amount,  description  and  price 
of  securities — qualification,  ex- 
perience,   etc.    of  dealer. 

§  15.  Twenty-five  copies  of  summary 
of  Class  "D"  securities  to  be 
deposited  with  Secretary  of 
State — caption  of  summary. 

§  16.  Issuers  and  individuals  to  file  ir- 
revocable consents  to  service 
of  process. 

§  17.  Secretary  of  State  to  examine 
statements — may  refuse  to  file 
— may  propound  interrogator- 
ies. 

§  18.  Circuit  Court  of  Sangamon 
County  to  have  power  to  re- 
view official  action  of  Secre- 
tary  of   State. 

§  19.  Inducements  made  to  procure 
filing  to  be  reduced  to  writing. 

§  20.  New  statements  to  be  filed  every 
six  months. 

§  21.  Every  advertisement  to  bear  a 
caption — copy  of  advertise- 
ment to  be  filed  with  Secretary 
of  State  within  ten  days  of 
issue — no  reference  to  be  made 
concerning  compliance  with 
Act. 

§  22.  Secretary  of  State  to  mail  copy 
of  summary  statements  to  any 
one    requesting    same. 


§    23. 


§    24. 


§    25. 


Secretary  of  State  may  prescribe 
and  furnish  forms. 


Right      of 
therefor. 


injunction — c  a  u  s  e  s 


Documents  filed  in  office  of 
Secretary  of  State  open  to  in- 
spection of  the  public. 


§   26.     Pees. 

§  27.  Oaths  to  be  administered  by  an 
officer  of  the  State   of   Illinois. 

§  28.  Additional  copies  of  statements 
to  be  submitted  on  request  of 
the   Secretary  of  State. 

§  29.  Broker,  etc.  offering  to  sell  se- 
curities without  compliance 
with  Act  guilty  of  a  misde- 
meanor— penalty. 

§  30.  Issuer  offering  to  sell  securities 
without  compliance  with  Act 
guilty  of  a  misdemeanor — 
penalty. 

§  31.  Person  or  corporation  violating 
Act  guilty  of  a  misdemeanor — 
penalty. 

§  32.  False  statements  made  by  broker, 
etc.  not  authorized  by  issuer 
guilty  of  a  misdemeanor — 
penalty. 

§  33.  Signing  any  statement,  etc. 
knowing  same  to  be  false  is 
prima  facie  evidence  of  know- 
ledge of  falsity — perjury — 
penalty. 

§  34.  Sale  of  securities  with  know- 
ledge of  the  insolvency  of  the 
issuer  makes  party  selling 
same  guilty  of  embezzlement — 
penalty. 

§  35.  Any  person  interested  may  main- 
tain action  to  recover  money  in 
excess  of  20%  not  paid  to  is- 
suer. 

§  36.  Sale  contrary  to  information 
filed,  or  on  other  terms  is 
prima  facie  evidence  of  fraud. 

§  37.  Every  sale  or  contract  for  sale 
contrary   to    Act    is   void. 

§  38.  Act  does  not  relieve  corporations 
from  making  reports  as  re- 
quired to  be  made  under  other 
existing  laws. 

§  39.  Foreign  corporations  desiring  to 
sell  securities  must  comply 
with  the  law  regulating  ad- 
mission   of    such    corporations. 

§  40.  Prosecutions  under  Act  to  be 
brought  within  five  years. 

§  41.  Invalidity  of  one  provision  or 
section  does  not  affect  remain- 
der of  Act. 


CORPORATIONS.  353 


ILLINOIS    SECURITIES    LAW— Concluded. 

§    42.     Acts  repealed — certificate  or  evi-        §    43.     Emergency, 
dence    of   compliance   with   law 
repealed  not  to  be  exhibited — 
contractual  obligations  not  im- 
paired. 

(House  Bill  No.  693.     Approved  June  10,  1919.) 

An  Act  relating  to  the  sale  or  other  disposition  of  securities  and  pro- 
viding penalties  for  the  violation  thereof  and  to  repeal  Acts  in  conflict 
therewith. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  This  Act  shall  be  known  as 
"The  Illinois  Securities  Law." 

§  2.  The  words  and  phrases  used  herein  shall,  unless  the  context 
otherwise  indicates,  have  the  following  meaning: 

The  word  "securities"  shall  include  stocks,  bonds,  debentures,  notes, 
participation  certificates,  certificates  of  shares  or  interest,  preorganiza- 
tion  certificates  and  subscriptions,  certificates  evidencing  shares  in  trust 
estates  or  associations  and  profit  sharing  certificates. 

The  word  "issuer"  shall  include  every  person  and  every  company, 
trust,  partnership  or  association  incorporated  or  unincorporated  here- 
tofore or  hereafter  formed  for  any  lawful  purpose  and  organized  under 
the  laws  of  this  State  or  any  foreign  state  or  country  which  shall  have 
issued  any  security  sold  or  offered  for  sale  to  any  person  or  persons  in 
this  State. 

The  word  "file"  or  "filing"  within  the  meaning  of  this  Act,  shall 
mean  the  endorsement  thereof  by  the  Secretary  of  State  on  any  state- 
ment or  document  received  of  the  word  "filed"  followed  by  the  month, 
day,  year,  and  name  of  Secretary  of  State,  for  the  purpose  of  showing 
that,  in  his  opinion,  the  issuer,  solicitor,  agent,  broker,  dealer  or  owner 
has  complied  with  the  provisions  of  this  Act. 

§  3.  For  the  purposes  of  this  Act  securities  are  divided  into  four 
classes,  as  follows: 

(1)  Securities,  the  inherent  qualities  of  which  assure  their  sale 
and  disposition  without  the  perpetration  of  fraud,  which  shall  be  known 
as  securities  in  Class  "A"; 

(2)  Securities,  the  inherent  qualities  of  which,  or  in  the  nature 
of  one  or  both  parties  to  the  sale  thereof,  assure  their  sale  and  dis- 
position without  the  perpetration  of  fraud,  which  shall  be  known  as 
securities  in  Class  "B" ; 

(3)  Securities  based  on  established  income,  which  shall  be  known 
as  securities  in  Class  "C"; 

(4)  Securities  based  on  prospective  income,  which  shall  be  known 
as  securities  in  Class  "D". 

§  4.     Securities  in  Class  "A"  shall  comprise  securities : 

(1)  Issued  by  a  government  or  governmental  agency,  or  by  any- 
body having  power  of  taxation  or  assessment ; 

(2)  Issued  by  any  National  or  State  bank  or  trust  company,  build- 
ing and  loan  association  of  this  State,  or  insurance  company  organized 

—23  L 


354  CORPORATIONS. 


or  under  the  supervision  of  the  Department  of  Trade  and  Commerce 
of  this  State; 

(3)  Issued  by  any  corporation  operating  any  public  utility  in  any 
state  wherein  there  is  or  was  at  the  time  of  issuance  thereof  in  effect 
any  law  regulating  such  utilities  and  the  issue  of  securities  by  such 
corporation ; 

(4)  Appearing  in  any  list  of  securities  dealt  in  on  the  New  York, 
Chicago,  Boston,  Baltimore,  Philadelphia,  Pittsburgh,  Cleveland  or 
Detroit  Stock  Exchange,  respectively,  pursuant  to  official  authorization 
by  such  exchanges,  respectively,  and  securities  senior  to  any  securities 
so  appearing; 

(5)  Whereof  current  prices  shall  have  been  quoted,  from  time  to 
time  for  not  less  than  one  year  next  preceding  the  offering  for  sale 
thereof,  in  tabulated  market  reports  published  as  news  items,  and  not 
as  advertising,  in  a  daily  newspaper  of  general  circulation,  published 
in  this  or  in  an  adjoining  state,  including  the  state  of  Michigan,  not 
including  any  trade  paper  or  any  paper  circulating  chiefly  among  the 
members  of  any  trade  or  profession; 

(6)  Issued  by  any  corporation  organized  not  for  pecuniary  profit 
or  organized  exclusively  for  educational,  benevolent,  fraternal,  chari- 
table or  reformatory  purposes; 

(7)  Being  notes  or  bonds  secured  by  mortgage  lien  upon  real 
estate  or  leasehold  in  any  state  or  territory  of  the  United  States  or  in 
the  Dominion  of  Canada,  when  the  mortgage  is  a  first  mortgage  on 
real  estate,  and  when  in  case  it  is  not  a  first  mortgage  lien  or  is  on  a 
leasehold,  the  mortgage  and  notes  or  bonds  secured  thereby  (not  in- 
cluding interest  notes  or  coupons)  shall  each  bear  a  legend  in  red 
characters  not  less  than  one-half  inch  in  height,  indicating  (1)  that  the 
mortgage  is  on  a  leasehold.,  if  that  be  the  case,  and  (2)  that  the  mort- 
gage is  a  junior  mortgage,  if  that  be  the  case; 

(8)  Being  a  note  secured  by  first  mortgage  upon  tangible  or 
physical  property,  when  such  mortgage  is  assigned  with  such  securities 
to  the  purchaser; 

(9)  Evidencing  indebtedness  due  under  any  contract  made  in 
pursuance  to  the  provisions  of  any  statute  of  any  state  of  the  United 
States  providing  for  the  acquisition  of  personal  property  under  con- 
ditional sale  contract; 

(10)  Being  negotiable  promissory  notes  given  for  full  value  and 
for  the  sole  purpose  of  evidencing  or  extending  the  time  of  payment 
of  the  price  of  goods,  wares  or  merchandise  purchased  by  the  issuer 
of  such  notes  in  the  ordinary  course  of  business,  and  commercial  paper 
or  other  evidence  of  indebtedness  running  not  more  than  twelve  months 
from  the  date  of  issue; 

(11)  Being  subscriptions  for  the  capital  stock  under  any  license 
issued  to  commissioners  to  incorporate  a  company  under  the  laws  of 
this  State  where  no  commission  or  other  remuneration  is  paid  for  the 
sale  or  disposition  of  such  securities; 

Securities  in  Class  "A"  and  the  sales  thereof  shall  not  be  subject 
to  the  provisions  of  this  Act. 


CORPORATIONS.  ,"35o 


§  5.     Securities  in  Class  aB"  shall  comprise  securities: 

(1)  Sold  by  the  owner  for  the  owner's  account  exclusively  when 
not  made  in  the  course  of  continued  and  repeated  transactions  of  a 
similar  nature; 

(2)  Increased  capital  stock  of  a  corporation  sold  or  distributed 
by  it  among  its  stockholders  without  the  payment  of  any  commission 
or  expense  to  solicitors,  agents  or  brokers  in  connection  with  the  dis- 
tribution thereof; 

(3)  Sold  by  or  to  any  bank,  trust  company  or  insurance  company 
or  association  organized  under  any  law  of  this  State  or  of  the  United 
States,  or  doing  business  in  this  State  under  the  supervision  of  the 
Department  of  Trade  and  Commerce;  or  of  the  Auditor  of  Public 
Accounts;  or  by  or  to  any  building  and  loan  association  organized  and 
doing  business  under  the  laws  of  this  State,  or  any  public  sinking  fund 
trustees;  or  to  any  corporation  or  any  dealer  or  broker  in  securities; 

(4)  Sold  or  offered  for  sale  at  any  judicial,  executor's  or  admin- 
istrator's sale,  or  at  any  sale  by  a  receiver  or  trustee  in  insolvency  or 
bankruptcy,  or  at  a  public  sale  or  auction  held  at  an  advertised  time 
and  place; 

Securities  in  Class  "B",  when  disposed  of  by  the  persons  and  in 
the  manner  provided  by  this  section,  shall  not  be  subject  to  the  pro- 
visions of  this  Act. 

§  6.     Securities  in  Class  "C"  shall  comprise  the  following: 
Those  issued  by  a  person,  corporation,  firm,  trust,  partnership  or 
association  owning  a  property,  business  or  industry,  which  has  been  in 
continuous  operation  not  less  than  two  years  and  which  has  shown  net 
profits,  exclusive  of  all  prior  charges,  as  follows : 

(1)  In  the  case  of  interest  bearing  securities  not  less  than  one  and 
one-half  times  .the  annual  interest  charge  upon  all  outstanding  interest 
bearing  obligations ; 

(2)  In  the  case  of  preferred  stock  not  less  than  one  and  one-half 
times  the  annual  dividend  on  such  preferred  stock; 

(3)  In  the  case  of  common  stock  not  less  than  3%  per  annum 
upon  such  common  stock. 

§  7.  Securities  in  Class  "G"  may  be  disposed  of,  sold  or  offered 
for  sale  upon  compliance  with  the  following  conditions,  and  not  other- 
wise: 

A  statement  shall  be  filed  in  the  office  of  the  Secretary  of  State : 

(1)  Describing  the  evidences  of  indebtedness,  preferred  stock  or 
common  stock  intended  to  be  offered  or  sold; 

(2)  Stating  the  law  under  which  and  the  time  when  the  issuer 
was  organized; 

(3)  Giving  a  detailed  statement  of  the  assets  and  liabilities  of 
such  issuer  and  income  or  profit  and  loss  statement,  and  giving  an 
analysis  of  surplus  account; 

(4)  Giving  the  names  and  addresses  of  its  principal  officers  and 
of  its  directors  or  trustees ; 

(5)  Giving  pertinent  facts,  data,  and  information  establishing 
that  the  securities  to  be  offered  are  securities  in  Class  "C". 


356  CORPORATIONS. 


Such  statement  shall  be  verified  by  the  oath  of  not  less  than  two 
credible  persons  having  knowledge  of  the  facts.  Not  less  than  twenty- 
five  copies  of  such  statement,  wholly  printed  or  wholly  typewritten, 
shall  at  the  time  of  filing  the  original  statement  he  filed  with  the  Secre- 
tary of  State.  The  printed  or  typewritten  copies  so  filed  shall  bear  at 
the  top  in  bold  face  type  the  expression: 

"Securities  in  Class  eC  under  Illinois  Securities  Law,"  followed 
by  the  expression,  also  in  bold  faced  type: 

"This  statement  is  prepared  by  parties  interested  in  the  sale  of 
securities  herein  mentioned.  Neither  the  State  of  Illinois,  nor  any 
officer  of  the  State,  assumes  any  responsibility  for  any  statement  con- 
tained herein  nor  recommends  any  of  the  securities  described  below/' 

§  8.  All  securities  other  than  those  falling  within  Class  "A",  "B", 
and  "C",  respectively,  shall  be  known  as  securities  in  Class  "~D". 

§  9.  No  security  in  Class  "D",  shall  be  sold  or  offered  for  sale 
until  there  shall  have  been  filed  in  the  office  of  the  Secretary  of  State, 
statements  and  documents  as  follows : 

(1)  A  description  and  amount  of  the  securities  intended  to  be 
offered  for  sale; 

(2)  If  the  issuer  is  a  corporation,  a  certified  copy  of  the  charter 
or  articles  of  incorporation  and  by-laws; 

(3)  If  the  issuer  is  a  firm,  trust,  partnership  or  unincorporated 
association,  a  copy  of  the  articles  of  partnership,  association  or  trust 
agreement ; 

(4)  The  names,  addresses  and  prior  occupations  during  a  period 
of  not  less  than  ten  (10)  years  prior  to  filing  such  statement  (giving 
details  as  to  time,  place  and  address  of  employer  and  reasons  for  dis- 
continuance of  employment)  of  the  officers,  directors  or  trustees  of  the 
issuer,  if  it  be  a  corporation,  or  of  the  persons  composing  the  issuer,  if 
the  issuer  be  a  non-incorporated  association; 

(5)  A  description  of  the  nature  of  the  industry  engaged  in  or  in- 
tended to  be  engaged  in  and  the  approximate  time  when  such  industry 
was  or  will  be  established; 

(6)  An  inventory  showing  the  assets  of  the  issuer; 

(7)  An  appraisement  of  the  assets  of  the  issuer; 

(8)  A  statement  in  detail  of  the  gross  income  of  the  issuer  and 
the  source  or  sources  thereof  and  of  its  operating  and  other  expenses 
for  a  period  of  twelve  (12)  months  prior  to  the  date  of  filing  such 
statement,  or  for  the  period  of  the  existence  of  the  issuer  if  less  than 
two  years  prior  to  the  date  of  filing; 

(9)  A  copy  of  the  most  recent  balance  sheet  of  the  issuer,  show- 
ing the  financial  condition  of  the  issuer  at  a  date  not  more  than  thirty 
(30)  days  prior  to  the  date  of  filing,  and  giving  an  analysis  of  surplus 
account  from  inception  of  such  issuer; 

(10)  A  copy  of  the  mortgage,  trust  deed,  indenture  or  writing 
securing  the  securities,  or  whereunder  the  same  are  issued,  if  any  such 
instrument  there  be ; 

(11)  A  copy  of  the  form  of  the  securities  intended  to  be  offered; 


CORPORATIONS.  357 


(12)  A  copy  of  any  and  all  subscription  blanks  to  be  used  in  the 
sale  thereof,  which  subscription  blanks  shall  have  printed  thereon, 
"These  are  speculative  securities". 

(13)  A  statement  as  to  the  manner  in  which  the  securities  are  to 
be  offered  and  sold; 

(14)  If  the  securities  be  intended  to  be  offered  and  sold  by  the 
issuer  through  solicitors,  agents  or  brokers,  an  irrevocable  contract 
executed  by  each  such  solicitor,  agent  or  broker  authorized  to  offer  or 
sell  such  securities  by  or  on  behalf  of  the  issuer  to  the  effect  that  the 
issuer  will  receive  in  cash  not  less  than  80%  of  the  proceeds  of 'each 
sale  of  the  securities  without  deduction  for  any  commission  or  expenses, 
directly  or  indirectly,  and  without  liability  to  pay  any  sum  whatsoever 
as  commission  or  expenses  or  for  services  in  and  about  such  sale; 

If  the  securities  shall  have  been  or  be  intended  to  be  sold  to  any 
dealer,  solicitor,  agent  or  broker  and  intended  to  be  by  such  dealer, 
solicitor,  agent  or  broker  sold  to  the  public  for  their  own  account,  a 
statement  verified  under  oath,  establishing  that  the  price  paid  to  the 
issuer  was  or  will  be  without  any  fixed  or  contingent  right  in  the  issuer 
to  demand  or  receive  any  additional  sum  on  account  of  such  securities 
or  the  sale  thereof; 

(15)  A  summary  of  the  material  facts  disclosed  by  the  preceding 
statements ; 

(16)  Such  other  facts  relative  to  such  securities  as  the  Secretary 
of  State  shall  prescribe. 

Such  statements  and  documents  shall,  except  as  otherwise  pro- 
vided herein  be  verified  by  the  oath  of  not  less  than  two  of  the  officers 
of  the  issuer,  if  the  issuer  be  a  corporation,  or  by  not  less  than  two 
members  of  a  firm,  trust,  partnership  or  association,  if  the  issuer  be 
non-incorporated. 

The  Secretary  of  State  may  require  further  and  additional  veri- 
fication under  the  oaths  of  other  persons. 

§  10.  With  the  statement  required  to  be  filed  in  the  office  of  the 
Secretarv  of  State  with  reference  to  securities  in  Class  "D'\  there  shall 
also  be  filed  an  inventory,  in  such  detail  as  the  Secretary  of  State  shall 
require;  showing  the  assets  of  the  issuer  as  of  a  date  not  more  than 
thirty  (30)  days  prior  to  the  date  of  filing  thereof.  Such  inven- 
tory shall  be  accompanied  by  an  appraisement  made  by  a  qualified 
person  or  persons  showing  the  value  of  the  assets  described  in  such 
inventory.  The  person  or  persons  making  such  appraisement  shall 
state  in  such  appraisement  the  character  and  nature  of  their  experience 
and  their  qualifications  to  value  such  property  and  all  the  facts  or  con- 
siderations on  the  basis  of  which  their  estimate  of  values  is  predicated. 

Such  appraisement  shall  be  verified  by  the  oath  of  the  person  or 
persons  making  the  same. 

§  11.  At  any  time,  either  before  or  after  the  filing  of  any  state- 
ment required  by  this  Act  to  be  filed  with  reference  to  securities  in 
Class  "C?  or  Class  "D"  the  Secretary  of  State  may  designate  a  certi- 
fied public  accountant  to  make  an  examination  of  the  books,  records, 
papers  and  documents,  of  the  issuer  and  make  a  report  of  the  examina- 
tion thereof  to  the  Secretarv  of  State.     The  Secretarv  of  State  shall 


358  CORPORATIONS. 


fix  the  compensation  of  such  certified  public  accountant  in  advance  and 
shall  notify  the  issuer  thereof  of  the  amount  so  fixed,  which  compensa- 
tion shall  be  paid  by  the  issuer  to  such  certified  public  accountant  as 
his  compensation  for  making  such  examination. 

§  12.  If  the  statement  as  to  securities  in  Class  "D"  shall  dis- 
close that  any  of  such  securities  shall  have  been  or  shall  be  intended  to 
be  issued  for  any  patent  right,  copyright,  trade-mark,  process  or  good 
will,  or  for  promotion  fees  or  expenses,  or  for  other  intangible  assets, 
the  amount  and  nature  thereof,  shall  be  fully  set  forth,  and  securities 
issued  in  payment  of  such  patent  right,  copyright,  trade-mark,  process 
or  good  will,  or  for  promotion  fees  or  expenses,  or  for  other  intangible 
assets,  shall  be  delivered  in  escrow  to  such  bank  or  trust  company  as 
shall  be  designated  by  the  Secretary  of  State  under  an  escrow  agree- 
ment that  the  owners  of  such  securities  shall  in  case  of  dissolution  or 
insolvency  not  participate  in  the  assets  of  the  corporation  until  after 
the  owners  of  all  other  securities  have  been  paid  in  full.  Such  escrow 
agreement  shall  remain  in  full  force  until  the  securities  of  the  issuer 
thereof  are  qualified  under  Class  "C"  hereof. 

§  13.  If  the  statement  as  to  securities  in  Class  "D"  discloses  that 
such  securities  are  intended  to  be  offered  or  sold  by  the  issuer,  through 
a  solicitor,  agent  or  broker,  a  statement  giving  the  names,  residences, 
qualifications,  occupations  and  business  experience  of  such  solicitor, 
agent  or  broker  for  a  period  of  ten  years  prior  to  the  filing,  and  the 
name  and  address  of  each  emplo}rer,  the  period  of  employment  and 
reason  for  resignation  or  discharge,  shall  be  filed  in  the  office  of  the 
Secretary  of  State.  The  signatures  of  each  and  every  of  such  solicitors, 
agents  or  brokers,  shall  be  attached  to  such  statement.  If  after  the 
filing  of  such  statement  the  issuer  shall  appoint  any  additional  solocitor, 
agent  or  broker  to  offer  or  sell  such  securities  before  any  such  additional 
solicitor,  agent  or  broker,  shall  offer  or  sell  any  such  securities,  there 
shall  be  filed  like  statements. 

§  14.  After  qualification  of  securities  in  Class  "D"  by  the  issuer, 
any  dealer  or  owner  may  sell  such  securities  upon  filing;  in  the  office  of 
the  Secretary  of  State,  a  statement  verified  by  the  oath  of  such  dealer 
or  owner  as  otherwise  provided  by  this  Act,  a  statement  of  the  amount 
and  description  of  the  securities  to  be  sold  by  him  or  it,  the  maximum 
price  for  which  they  are  to  be  sold,  his  or  its  address  by  street  and 
number,  qualification,  occupation,  and  business  experience  of  such  deal- 
er or  owner  for  a  period  of  ten  years  prior  to  riling  such  statement, 
giving  name  and  address  of  each  employer,  the  period  of  employment 
and  the  reason  for  resignation  or  discharge. 

§  15.  Not  less  than  25'  printed  or  typewritten  copies  of  the  sum- 
mary of  the  statement  required  to  be  filed  with  reference  to  securities 
in  Class  "D"  shall  be  deposited  in  the  office  of  the  Secretary  of  State. 
The  printed  or  typewritten  copies  so  deposited  shall  bear  at  the  top  in 
bold  face  type  the  expression : 

"Securities  in  Class  T)'  under  Illinois  Securities  Law:  These  are 
speculative  securities,"  followed  by  tbe  expression,  also  in  bold  face 
type,: 


CORPORATIONS.  359 


"This  statement  is  prepared  by  parties  interested  in  the  sale  of 
securities  herein  mentioned.  Neither  the  State  of  Illinois  nor  any 
officer  of  the  State  assumes  any  responsibility  for  any  statement  con- 
tained herein  nor  recommends  any  of  the  securities  described  below." 

§  16.  Before  any  securities  in  Classes  "C"  or  "D"  shall  be  sold 
or  offered  for  sale  the  issuer  or  person  intending  to  sell  or  offer  for  sale 
such  securities  shall  file  in  the  office  of  the  Secretary  of  State  a  written 
irrevocable  consent  and  power-of -attorney,  that  suits  at  law  or  in 
equity  arising  out  of  or  founded  upon  the  sale  or  offering  for  sale  of 
any  of  such  securities  may  be  commenced  against  the  corporation  or 
person  executing  such  power-of-attorney  in  any  court  of  competent 
jurisdiction  within  this  State,  in  any  county  in  which  the  plaintiff  or 
complainant  resides,  or  in  which  the  cause  of  action  may  have  arisen, 
by  the  service  of  process  upon  the  Secretary  of  State,  and  therein  agree- 
ing and  stipulating  that  such  service  of  process  upon  the  Secretary  of 
State  shall  be  taken  and  held  in  all  courts  to  be  as  valid  and  binding, 
as  if  due  service  had  been  made  upon  the  corporation  or  person  execut- 
ing such  power-of-attorney,  according  to  the  law  of  this  State.  Such 
instrument  if  the  owner  be  a  corporation,  shall  be  signed  by  its  chief 
executive  and  chief  recording  officer  under  its  corporate  seal,  if  it  have 
[has]  one,  pursuant  to  a  resolution  of  its  governing  body,  a  certified  copy 
of  which  resolution  shall  be  attached  to  such  irrevocable  consent  and 
power-of-attorney,  or  if  a  person  or  a  non-incorporated  association  then 
signed  and  acknowledged  by  such  person  or  by  all  the  members  of  such 
non-incorporated  association.  Whenever  any  process  is  served  upon 
the  Secretary  of  State,  he  shall  at  once  forward  a  copy  of  the  same  by 
registered  mail  to  the  defendant  at  his  or  its  last  address  of  record  in 
the  office  of  the  Secretary  of  State. 

§  17.  Before  filing  any  statement  or  document  with  reference  to 
securities  in  Class  "C"  or  Class  "D"  the  Secretary  of  State  shall  within 
a  reasonable  time  examine  the  same  and,  if  the  same  is  incomplete, 
inadequate,  evasive  or  otherwise  not  in  conformity  with  the  provisions 
of  this  Act,  or  if  the  sale  or  offering  for  sale  of  securities  based  upon 
the  plan  or  scheme  evidenced  by  the  statements  and  documents  offered 
to  be  filed,  would  in  the  opinion  of  the  Secretary  of  State  work  or  tend 
to  work  a  fraud  upon  the  purchaser  of  such  securities  the  Secretary 
of  State  shall  refuse  to  file  the  same.  Otherwise  such  statements  or 
documents  shall  be  filed  by  the  Secretary  of  State.  Upon  the  filing  of 
such  statements  or  documents  by  the  Secretary  of  State,  the  issuer, 
solicitor,  agent,  broker,  dealer  or  owner  may  proceed  to  sell  the  amount 
of  securities  proposed  to  be  sold  or  disposed  of  in  this  State,  but  no 
written  or  printed  evidence  of  the  compliance  with  this  Act  shall  be 
issued  by  the  Secretary  of  State.  The  Secretary  of  State  may,  either 
before  or  after  such  statements  and  documents  are  filed,  propound 
interrogatories  to  the  persons  filing,  or  offering  to  file,  such  statements 
or  documents,  respecting  any  facts  required  to  be  stated  with  reference 
to  such  securities.  Such  interrogatories  shall  be  answered  under  oath. 
If  such  interrogatories  relate  to  a  statement  or  document  Offered  to  be 
filed,  such  statement  or  document  shall  not  be  filed  until  such  inter- 
rogatories are  answered,  and  not  then  unless  such  statement  and  docu- 


360  CORPORATIONS. 


Bient  and  the  answers  to  such  interrogatories  disclose  conformity  with 
this  Act.  If  such  interrogatories  relate  to  a  statrnent  or  document 
already  filed,  such  interrogatories  shall  be  answered  within  twenty  days 
or  within  such  further  time  as  the  Secretary  of  State  shall  prescribe. 
If  not  answered  within  twenty  days  or  within  any  extension  thereof, 
the  sale  or  offering  for  sale  of  the  securities  covered  by  the  statement 
or  document  to  which  the  interrogatories  relate,  shall  be  unlawful. 

§  18.  Whenever  the  Secretary  of  State  refuses  to  file  any  state- 
ment or  document  presented  under  the  provisions  of  this  Act,  the  per- 
son presenting  such  statement  or  document  for  filing,  may  within  thirty 
days  thereafter,  in  the  Circuit  Court  of  Sangamon  County,  file  a  petition 
against  the  Secretary  of  State,  officially  as  defendant  alleging  therein 
under  oath  in  brief  detail,  the  plaintiff's  right  to  sell  securities  in 
this  State,  and  praying  that  the  Secretary  of  State  be  required  to  file  in 
his  office  such  statement  or  document.  The  court  may  make  such 
orders  and  decrees  as  the  equities  and  exigencies  of  the  case  may  re- 
quire. Judgment  against  the  plaintiff  shall  be  final.  Judgment  against 
the  plaintiff  shall  not  bar  his  right  to  file  new  statements  or  documents 
under  the  provisions  of  this  Act,  nor  shall  judgment  in  favor  of  the 
plaintiff  prevent  the  Secretary  of  State  from  thereafter  applying  for 
an  injunction,  or  otherwise  proceeding,  as  is  provided  in  this  Act. 
Merely  technical  irregularities  in  the  procedure  of  the  Secretary  of 
State  shall  be  disregarded  and  the  burden  shall  rest  upon  the  plaintiff 
to  prove  his  right  to  sell  securities  in  this  State. 

§  19.  Every  expression  or  statement  made  as  an  inducement  to 
procure  the  filing  of  the  information  required  by  the  provisions  of  this 
Act,  either  concerning  Class  "C"  or  Class  "D"  securities,  shall  be  re- 
duced to  writing  and  verified  under  oath  by  the  person  making  such 
expression  or  statement. 

§  20.  So  long  as  any  security  is  sold  or  offered  for  sale  under  the 
provisions  of  this  Act,  such  person,  issuer,  dealer,  solicitor,  agent  or 
broker  shall  on  or  before  the  expiration  of  each  six  months'  period, 
from  the  date  of  filing  the  original  statements  and  documents,  and 
oftener  if  required  by  the  Secretary  of  State,  file  new  or  supplemental 
statements  disclosing : 

(1)  The  amount  of  securities  sold,  the  sale  price  thereof  and  the 
amount  of  cash  proceeds  received  therefor  by  the  issuer ; 

(2)  All  changes  in  the  financial  conditions  of  the  issuer  or  in  its 
management  or  property,  accompanied  by  a  copy  of  the  most  recent 
balance  sheet  of  the  issuer  showing  the  financial  condition  of  the  issuer 
at  a  date  not  more  than  30  days  prior  to  the  date  of  such  filing,  and 
such  other  facts  as  the  Secretary  of  State  may  require. 

Such  supplemental  statement  shall  also  be  accompanied  by  not 
less  than  twenty-five  wholly  typewritten  or  printed  copies  of  such  sum- 
mary of  such  supplemental  statement,  which  summary  shall  be  filed 
in  the  office  of  the  Secretary  of  State. 

Such  supplemental  statement  shall  be  verified  in  the  same  manner 
as  the  original  statement. 

§  21.  Each  financial  statement,  prospectus,  advertisement,  circular 
and  document  circulated,  published  or  distributed  for  the  purpose  of 


CORPORATIONS.  3G1 


effecting  sales  of  securities  in  Class  "D"  shall  contain  the  words,  in 
bold  faced  type,  "Securities  in  Class  'D'  under  Illinois  Securities  Law. 
These  are  speculative  securities."  Bat  it  shall  be  unlawful  to  make 
any  other  reference  in  any  such  matter  to  the  fact  that  the  issuer, 
solicitor,  agent  or  broker  has  complied  with  the  provisions  of  this  Act. 
All  such  matter  shall  also  contain  a  statement  of  the  assets,  liabilities, 
income  and  expenses  of  the  issuer,  the  law  under  which  the  issuer  was 
incorporated  or  organized,  and  the  names  and  addresses  of  all  officers, 
directors  or  trustees,  of  the  issuer  or  of  the  owner  of  the  property  con- 
stituting the  basis  of  the  issue  of  such  securities.  A  copy  of  each  such 
financial  statement,  prospectus,  advertisement,  circular  and  document 
so  circulated,  published  or  distributed  shall  be  filed  in  the  office  of  the 
Secretary  of  State  within  ten  (10)  days  after  the  first  circulation,, 
publication  or  distribution  thereof.  It  shall  be  unlawful  to  print, 
publish,  circulate  or  distribute  such  matter  showing  the  earnings  of 
other  companies  or  corporations  engaged  in  a  similar  business. 

It  shall  i)e  unlawful  for  any  issuer,  solicitor,  agent  or  broker  in 
any  advertisement  intended  to  promote  the  sale  of  securities  in  Class 
"C"  to  make  any  reference  whatsoever  to  the  fact  that  such  issuer, 
solicitor,  agent  or  broker  has  complied  with  the  provisions  of  this  Act. 

§  22.  The  Secretary  of  State  shall,  upon  request  therefor,  mail  or 
deliver  to  any  person  a  copy  of  the  summary  of  the  statements  or 
supplemental  statements  required  to  be  deposited  in  his  office. 

§  23.  The  Secretary  of  State  may  prescribe  and  furnish  forms  for 
all  statements  and  documents  and  summaries  required  by  this  Act  to 
be  filed  in  his  office  and  such  statements,  documents  and  summaries 
shall  follow  substantially  the  forms  so  prescribed. 

§  24.  In  case  any  statement  or  document  tiled  in  the  office  of  the 
Secretary  of  State  shall,  in  the  judgment  of  the  Secretary  of  State,  in 
any  material  part  thereof  be  inadequate,  insufficient  or  not  in  compli- 
ance with  this  Act,  or  in  case  the  plan  or  scheme  disclosed  by  such 
statements  or  documents  so  filed,  would,  in  the  judgment  of  the  Secre- 
tary of  State,  work  or  tend  to  work  a  fraud  upon  the  people,  or  if  it 
shall  be  made  to  appear  to  the  Secretary  of  State,  by  complaint  or 
otherwise,  that  the  statements  and  documents  filed  with  respect  to  any 
securities  are  false  in  any  material  particular,  or  if  it  snail  be  made  to 
appear  to  the  Secretary  of  State  that  conditions  with  respect  to  such 
securities  have  so  changed  that  the  further  sale  or  offering  for  sale 
thereof  would  tend  to  operate  as  a  fraud  upon  the  people,  or  that  any 
of  the  terms  and  provisions  of  this  Act,  are  not  complied  with,  the 
Secretary  of  State  shall,  in  the  name  of  the  people  of  the  State  of 
Illinois,  through  the  Attorney  General,  apply  for  an  injunction  in  any 
court  of  competent  jurisdiction  to  restrain  the  further  sale  of  such 
securities.  The  court  may  grant  a  temporary  injunction  and  may  make 
such  orders  and  decrees,  from  time  to  time,  as  the  equities  and  exigencies 
of  the  case  may  require.  The  complainant  shall  not  be  required  to 
give  bond.  In  no  case  shall  the  Secretary  of  State  incur  any  official 
or  personal  liability  by  instituting  such  injunction  proceedings. 


3G2  CORPORATIONS. 


§  25.  All  statements  and  documents  and  all  other  matters  filed  in 
the  office  of  the  Secretary  of  State  under  the  provisions  of  this  Act  shall 
at  all  proper  hours  be  available  for  public  inspection. 

§26.  Before  filing  any  statements  required  to  be  filed  hereunder 
with  reference  to  securities  in  Class  "C"  or  in  Class  "£)"  the  person  so 
filing  such  statements  shall  pay  in  advance  to  the  Secretary  of  State 
a  fee  of  one-twentieth  of  one  per  cent  of  the  amount  of  the  securities 
to  be  offered  for  sale  in  this  State,  but  in  no  case  shall  the  fee  be  less 
than  twenty-five  dollars  ($25.00)  or  more  than  three  hundred  dollars 
($300.00). 

§  27.  All  oaths  required  by  this  Act  relating  to  securities  in  Class 
"D"  shall  be  taken  before  an  officer  of  this  State,  authorized  to  ad- 
minister oaths  therein. 

§  28.  Whenever  in  this  Act  copies  of  statements  or  other  docu- 
ments are  required  to  be  furnished  to  the  Secretary  of  State  for  dis- 
tribution, additional  copies  as  requested  by  the  Secretary  of  State,  shall 
be  supplied  by  the  parties  filing  the  original  copies  or  by  parties  inter- 
ested in  the  disposition  of  such  securities. 

§  29.  Any  solicitor,  agent  or  broker,  selling  or  offering  to  sell  any 
securities  in  Class  "D"  without  compliance  with  the  provisions  of  this 
Act,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof,  shall  be  punished  by  a. fine  of  not  less  than  one  hundred  dollars 
($100.00),  and  not  more  than  five  thousand  dollars  ($5,000.00)  for  the 
first  offense  and  not  less  than  one  thousand  dollars  ($1,000.00),  nor 
more  than  ten  thousand  dollars  ($10,000.00)  for  the  second  or  any 
subsequent  offense,  or  by  imprisonment  in  the  county  jail  not  more 
than  one  year  or  may  be  punished  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court. 

§  30.  Any  issuer  of  securities  or  any  officer,  director,  trustee  or 
agent  thereof,  selling  or  offering  to  sell  any  securities  in  Class  "D" 
without  full  compliance  with  the  provisions  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  in 
any  sum  not  exceeding  ten  thousand  dollars  ($10,000.00)  for  the  first 
offense  and  not  to  exceed  twenty-five  thousand  dollars  ($25,000.00)  for 
the  second  or  any  subsequent  offense,  and  the  officer,  director,  trustee 
or  agent  thereof,  or  the  issuer  (if  a  natural  person)  may  be  punished 
by  imprisonment  in  the  county  jail  not  exceeding  one  year  or  may  be 
punished  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

§  31.  Any  person  or  corporation,  whether  acting  on  his  or  its 
own  behalf  or  on  behalf  of  another  violating  any  of  the  provisions 
of  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor  and  on  con- 
viction thereof  shall  be  fined  not  less  than  one  hundred  dollars 
($100.00)  nor  more  than  five  hundred  dollars  ($500.00)  for  the  first 
offense  and  not  less  than  five  hundred  dollars  ($500.00),  nor  more 
than  one  thousand  dollars  ($1,000.00)  for  the  second  or  any  subse- 
quent offense,  or  imprisonment  in  the  county  jail  for  not  more  than 
six  months  for  the  first  offense  nor  more  than  one  vear  for  the  second 


CORPORATIONS.  361 


or  any  subsequent  offense,  or  shall  be  subject  to  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

§  32.  Any  dealer,  agent,  solicitor  or  broker,  who  shall  make  any 
statement  or  representation  not  authorized  by  the  issuer,  or  any  state- 
ment or  representation  at  variance  with,  or  not  reasonably  predicated 
upon  the  statements  and  documents  filed  by  the  issuer  in  the  office  of 
the  Secretary  of  State,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  to  exceed  one  thousand 
dollars  ($1,000.00)  for  the  first  offense,  and  not  to  exceed  five  thousand 
dollars  ($5,000.00)  for  the  second  or  any  subsequent  offense,  or  im- 
prisoned in  the  county  jail  not  more  than  six  months  for  the  first 
offense,  nor  more  than  one  year  for  the  second  or  any  subsequent  offense, 
or  shall  be  subject  to  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

§  33.  Any  person  signing  any  statement,  list,  inventory,  balance 
sheet  or  other  paper  or  document  required  by  any  provision  of  this 
Act  to  be  verified  or  sworn  to,  knowing  any  representation  therein 
contained  to  be  false  or  untrue  (and  the  depositing  of  any  such  state- 
ment or  document  in  the  office  of  the  Secretary  of  State  shall  be 
deemed  prima  facie  evidence  of  knowledge  of  the  falsity  thereof  or  of 
any  representation  therein  contained,  and  of  the  wilful  signing  of  such 
statement  or  document),  shall  be  deemed  guilty  of  perjury  and  shall 
be  subject  to  the  penalties  by  the  law  of  this  State  prescribed  therefor. 

§  34.  It  shall  be  unlawful  for  any  officer,  director,  trustee, 
solicitor,  agent  or  broker  of  or  for  any  issuer,  knowing  such  issuer 
to  be  insolvent,  to  sell  any  securities  issued  by  such  issuer;  and  any 
such  officer,  director,  trustee,  solicitor,  agent  or  broker  who  shall  make 
any  sale  of  any  securities  of  and  for  any  such  issuer,  and  by  reason 
of  such  insolvency  of  such  issuer,  the  price  paid  for  such  securities 
or  any  part  thereof  shall  be  lost  to  the  purchaser,  shall  be  deemed 
guilty  of  embezzlement  and  upon  conviction  thereof  shall  be  fined  in 
a  sum  not  less  than  one  thousand  dollars  ($1,000.00)  nor  more  than 
ten  thousand  dollars  ($10,000.00)  or  may  be  imprisoned  in  the  State 
penitentiary  for  not  less  than  one  year  nor  more  than  five  years,  or 
may  be  both  fined  and  imprisoned,  in  the  discretion  of  the  court. 
For  the  purpose  of  this  section,  an  issuer  shall  be  deemed  insolvent 
whenever  the  aggregate  of  its  property  shall  not,  at  a  fair  valuation, 
be  sufficient  in  amount  to  pay  its  debts. 

§  35.  Any  person  interested  in  securities  in  Class  "D"  may  main- 
tain in  the  name  of  the  issuer  an  action  at  law  or  suit  in  chancery 
for  the  use  of  the  issuer,  against  the  solicitor,  agent  or  broker  of  such 
issuer,  jointly  or  severally,  to  recover  of  such  solicitor,  agent  or  broker 
all  moneys  in  excess  of  20%  of  the  proceeds  of  the  sales  of  securities 
made  by  such  solicitor,  agent  or  broker  and  not  turned  into  the  treasury 
of  the  issuer. 

§  36.  It  shall  be  unlawful  for  any  officer,  director,  solicitor,  broker 
or  agent,  to  sell  or  offer  for  sale  any  securities  in  Class  "D",  in  any 
other  manner  or   form  than  specifically  set  forth  in  the   information 


364  CORPORATIONS. 


required  to  be  filed  in  section  9  of  this  Act,  and  any  offer  or  sale  upon 
any  other  terms  or  conditions  other  than  set  forth,  shall  be  considered 
prima  facie  evidence  that  such  officer,  director,  trustee,  solicitor  or  agent 
offered  or  sold  same  for  the  purpose  of  defrauding  the  investor  to  whom 
such  security  was  offered  or  sold. 

§  37.  Every  sale  and  contract  of  sale  made  in  violation  of  any 
of  the  provisions  of  this  Act  shall  be  void  and  the  seller  of  the  securities 
so  sold  and  each  and  every  solicitor,  agent  or  broker  of  or  for  such 
seller,  who  shall  have  knowingly  performed  any  act  or  in  any  way  fur- 
thered such  sale,  shall  be  jointly  and  severally  liable,  upon  tender  to 
the  seller  or  in  court  of  the  securities  sold,  to  the  purchaser  for  the 
amount  paid,  together  with  his  reasonable  attorney's  fees  in  any  action 
brought  to  recover  such  amount. 

§  38.  Nothing  in  this  Act  shall  be  construed  to  relieve  corpora- 
tions from  making  reports  now  or  hereafter  required  by  law  to  be 
made  to  the  Secretary  of  State  or  paying  the  fees  now  or  hereafter 
to  be  paid  by  corporations.  This  Act  shall  not  be  construed  to  repeal 
any  law  now  in  force  regulating  the  organization  of  corporations  in 
this  State  or  the  admission  of  any  foreign  corporation,  but  the  pro- 
visions of  this  Act  shall  be  construed  to  be  additional  to  any  provision 
regulating  the  organization  of  a  corporation  under  the  laws  of  Illinois 
or  the  admission  of  a  foreign  corporation  to  do  business  in  this  State. 

§  39.  If  the  issuer  of  any  securities  be  a  foreign  corporation,  and 
such  issuer  shall  desire  to  make  sales  of  such  securities  under  the 
provisions  of  this  Act,  no  statement  or  document  relating  to  such 
sales  shall  be  filed  in  the  office  of  the  Secretary  of  State  until  such 
foreign  corporation  has  complied  with  the  law  regulating  the  admis- 
sion of  foreign  corporations  to  transact  business  in  this  State. 

§  40.  No  prosecution  for  violation  of  any  provision  of  this  Act 
shall  bar  or  be  barred  by  any  prosecution  for  the  violation  of  any 
other  provisions  of  this  Act  or  of  any  other  statute;  but  all  prosecu- 
tions and  all  civil  actions  to  recover  money  or  for  other  purposes 
under  this  Act  or  based  upon  any  provision  of  this  Act  must  be  com- 
menced within  five  years  after  the  commission  of  the  act  complained  of. 

§  41.  The  invalidity  of  any  section  or  provision  of  this  Act  shall 
not  affect  the  remainder  thereof. 

§  42.  An  Act  entitled,  "An  Act  to  prevent  fraud  in  the  sale  and 
disposition  of  stocks,  bonds  or  other  securities  sold  or  offered  for  sale 
within  the  State  of  Illinois,  by  any  dealer,  firm,  company,  association  or 
corporation,  foreign  or  domestic,  by  requiring  an  inspection  of  such 
stocks,  bonds,  or  other  securities  and  an  inspection  of  the  business  of 
such"  persons,  firms,  companies,  associations  or  corporations,  including 
dealers  and  agents,  and  such  regulation  and  supervision  of  the  business 
of  said  persons,  firms,  companies,  associations  or  corporations,  including 
dealers  and  agents,  as  may  be  necessary  to  prevent  fraud  in  the  sale 
within  the  State,  of  any  stocks,  bonds  or  other  securities,  and  providing 
penalties    for   the    violation    thereof,"    filed    June    29,    1917,    in    effect 


CORPORATIONS.  305 


January  1,  1918,  is  hereby  repealed,  and  all  other  Acts  and  parts  of 
Acts  insofar  as  they  conflict  with  this  Act  are  hereby  repealed. 

It  shall  hereafter  be  unlawful  for  any  person  or  corporation  to 
exhibit  or  in  any  wise  make  use  of  any  certificate  issued  by  the  Secre- 
tary of  State  under  any  of  the  provisions  of  the  Act  hereby  repealed  for 
the  purpose  of  making  or  in  endeavoring  to  make  any  sale  of  securities. 

This  repeal  shall  not  affect  any  contract  rights  which  have  arisen 
under  the  law  hereby  repealed,  or  under  the  administration  thereof, 
nor  invalidate  any  deposits  in  escrow  or  contracts  entered  into  by  the 
issuer  of  securities  for  the  benefit  or  security  of  any  person.  The 
Secretary  of  State  shall  in  all  such  cases  proceed  in  all  respects  touching 
such  contracts  and  escrows  as  if  such  law  had  not  been  repealed. 

§  43.  Whereas,  an  emergency  exists,  therefore  this  Act  shall  be 
in  force  and  effect  from  and  after  its  passage  and  approval. 

Approved  June  10,  1919. 


NOT  FOR  PECUNIARY  PROFIT. 

§   1.     Amends  sections  29,  31,   32,  33  and                            §   33.  Dividends     and     distri- 

34,  Act  of  1872.  bution  of  property — 

dissolutions. 
§   29.     Organization. 

§   34.  Changes   in   articles   of 

§   31.     Names,       nature       and  association, 
powers    defined. 

§  32.  Election  of  officers — 
provisions  for  bor- 
rowing money — cer- 
tificates of  election 
to  be  recorded — 
vacancies  filled. 

(House  Bill  No.  448.     Approved  June  28,  1919.) 

An  Act  to  amend  sections  29,  31,  32,  33  and  SJf.  of  an  Act  entitled, 
"An  Act  concerning  corporations,"  approved  April  18,  1872,  in  force 
July  1,  1812. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  29,  31,  32,  33 
and  34  of  an  Act  entitled,  "An  Act  concerning  corporations/'  approved 
April  18,  1872  and  in  force  July  1,  1872,  be  amended  to  read  as 
follows : 

§  29.  Societies,  corporations  and  associations  (not  for  pecuniary 
profit)  may  be  formed  as  hereinafter  provided.  Any  three  or  more 
persons,  citizens  of  the  United  States,  who  shall  desire  to  associate 
themselves  for  any  lawful  purpose,  other  than  for  pecuniary  profit,  may 
make,  sign  and  acknowledge,  before  any  officer  authorized  to  take  ac- 
knowledgments of  deeds  in  this  State  and  file  in  the  office  of  the  Secre- 
tary of  State  a  certificate  in  writing,  in  which  shall  be  stated  the  name 
or  title,  which  name  or  title  shall  be  in  the  English  language,  by  which 
such  corporation,  society  or  association  shall  be  known  by  law,  the  loca- 
tion of  the  business  office  of  the  corporation  by  street  and  number,  the 
particular  business  and  object  for  which  it  is  formed,  the  number  of  its 


366  CORPORATIONS. 


trustees,  directors  and  managers,  which  shall  not  be  less  than  three, 
and  the  names  and  addresses  of  the  trustees,  directors  or  managers 
selected  for  the  first  year  of  its  existence. 

§  31.  Corporations,  associations  and  societies,  not  for  pecuniary 
profit,  formed  under  this  Act,  shall  be  bodies,  corporate  and  politic,  by 
the  name  stated  in  such  certificate;  and  by  that  name  they  and  their 
successors  shall  and  may  have  succession,  and  shall  be  persons  in  law 
capable  of  suing  and  be  sued;  may  have  power  to  make  and  enforce 
contracts  in  relation  to  the  legitimate  business  of  their  corporation, 
society  or  association;  may  have  and  use  a  common  seal,  and  may 
change  or  alter  the  same  at  pleasure;  and  they  and  their  successors, 
by  their  corporate  name,  shall  in  law  be  capable  of  taking,  purchasing, 
holding  and  disposing  of  real  and  personal  estate  for  the  purposes  of 
their  organization;  may,  by  their  trustees,  directors  or  managers,  make 
by-laws  not  inconsistent  with  the  constitution  and  laws  of  this  State, 
or  the  United  States,  which  by-laws,  among  other  things,  shall  ;•: escribe 
the  duties  of  all  officers  of  the  corporation,  society  or  association,  and 
the  qualification  of  members  of  the  corporation,  and  shall  provide  for 
regular  meetings  of  such. members  at  least  once  in  five  years  and  for 
the  calling  of  special  meetings,  when  necessary,  and  for  the  number  of 
members  that  shall  constitute  a  quorum  for  the  transaction  of  business 
at  any  such  regular  or  special  meetings.  At  any  such  meeting  members 
of  the  corporation  may  take  part  and  vote  in  person  or  by  proxy.  The 
by-laws  of  the  corporation  made  by  the  trustees,  directors  or  managers, 
may  be  modified,  altered  or  amended  at  any  such  regular  meeting,  or 
at  any  adjourned  session  thereof,  or  at  any  special  meeting  called  for 
that  purpose.  Associations  and  societies  which  are  intended  to  benefit 
the  widows,  orphans,  heirs  and  devisees  of  deceased  members  thereof, 
and  members  who  have  received  a  permanent  disability,  and  where  no 
annual  dues  or  premiums  are  required,  and  where  the  members  shall 
receive  no  money  as  profit  or  otherwise,  except  for  permanent  disability, 
shall  not  be  deemed  insurance  companies. 

§  32.  Corporations,  associations  and  societies,  not  for  pecuniary 
profit,  formed  under  the  provisions  of  this  Act,  may  elect  trustees, 
directors  or  managers  from  the  members  thereof,  in  such  manner,  at 
such  time  and  places,  and  for  such  periods  as  may  be  provided  by  the 
certificate  of  incorporation,  or  in  case  such  certificate  does  not  contain 
such  provision,  then  as  may  be  provided  by  the  by-laws,  which  trustees, 
directors  or  managers  shall  have  the  control  and  management  of  the 
affairs  and  funds  of  the  corporation,  society  or  association.  Said  trus- 
tees, managers  or  directors  may  upon  consent  of  the  corporation,  society 
or  association,  expressed  by  the  vote  of  a  majority  of  the  members  there- 
of, present  at  any  regular  meeting  or  special  meeting  called  for  that 
purpose,  provided  always,  that  a  quorum  be  present,  borrow  money  to 


corporItions.  3G7 


be  used  solely  for  the  purpose  of  their  organization  and  may  pledge 
their  property  therefor.  Whenever  trustees,  managers  or  directors  shall 
be  elected,  a  certificate  under  the  seal  of  the  corporation,  giving  the 
names  of  those  elected,  and  the  term  of  their  office,  shall  be  recorded 
in  the  office  of  the  recorder  of  deeds  where  the  certificate  of  organiza- 
tion is  recorded.  Vacancies  in  the  board  of  trustees,  directors  or  man- 
agers shall  be  filled  in  the  manner  provided  by  their  by-laws,  and  upon 
filling  any  vacancy  a  like  certificate  shall  be  recorded. 

§  33.  No  dividends  or  distribution  of  the  property  of  such  corpora- 
tion, society  or  association  shall  be  made  until  all  debts  are  fully  paid 
and  then  only  upon  its  final  dissolution  and  surrender  of  organization 
and  name;  nor  shall  any  distribution  be  made  except  by  a  vote  of  a 
majority  of  the  members.  Whenever  a  majority  of  the  members  of 
such  corporation,  society  or  association  shall  wish  to  dissolve  the  cor- 
poration and  abandon  the  corporate  enterprise,  the  trustees,  directors 
or  managers  shall  call  a  meeting  of  the  members  in  accordance  with  the 
by-laws,  to  vote  upon  the  proposition  of  dissolving  the  corporation. 
Upon  the  passing  of  a  resolution  of  dissolution  in  accordance  with  the 
by-laws  of  the  corporation,  the  secretary  of  the  corporation  shall  certify 
to  the  fact  of  the  passing  of  the  resolution  of  dissolution  and  the  further 
fact  that  all  the  debts  of  the  corporation  have  been  paid  and  the  prop- 
erty distributed  among  the  members  according  to  their  respective  rights, 
which  certificate  shall  be  under  the  seal  of  the  corporation  and  verified 
by  oath  of  the  president  and  recorded  in  the  office  of  the  county  re- 
corder of  the  county  wherein  the  business  office  of  the  corporation  is 
located  and  filed  in  the  office  of  the  Secretary  of  State.  Upon  the  filing 
of  the  certificate  of  dissolution  duly  recorded,  the  Secretary  of  State 
shall  examine  the  same  and  if  it  is  in  conformity  with  the  law,  shall  issue 
a  certificate  of  dissolution.  Upon  the  issuance  of  said  certificate  of 
dissolution  by  the  Secretary  of  State,  such  corporation,  society  or  associa- 
tion shall  cease  to  exist.  In  case  any  statement  made  by  the  president 
and  secretary  of  the  corporation  relating  to  the  dissolution  of  said  cor- 
poration, shall  be  wilfully  false,  said  officers  shall  be  jointly  and  severally 
liable  for  the  debts  of  such  corporation,  society  or  association. 

§  34.  Any  such  corporation,  society  or  association  may  change  its 
articles  of  association,  in  the  manner  prescribed  by  their  own  rules ; 
but  no  such  change  shall  be  of  legal  effect  until  a  certificate  thereof, 
verified  by  oath  of  the  president,  under  seal  of  such  corporation,  society 
or  association,  shall  be  filed  in  the  office  of  the  Secretary  of  State,  and 
recorded  in  the  office  of  the  recorder  of  deeds  in  which  the  original 
certificate  was  recorded. 

Approved  June  28,  1919. 


368  CORPORATIONS. 


REAL  ESTATE. 

§    1.     Amends   sections   1   and   5,   Act  of  §   5.     Stockholders — officers  — 

1917.  directors. 

§   1.     Organization. 

(Senate  Bill,  No.  28.     Filed  June  19,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  incorpora- 
tion of  associations  for  the  purpose  of  owning  certain  classes  of  real 
estate  and  defining  and  limiting  the  powers  of  such  corporations" , 
in  force  July  1,  1917,  by  amending  sections  1  and  5  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  the  incorporation  of  associations  for  the  purpose  of  own- 
ing certain  classes  of  real  estate  and  denning  and  limiting  the  powers  of 
such  corporations,"  in  force  July  1,  1917,  be  and  the  same  is  hereby 
amended  by  amending  sections  1  and  5  thereof,  so  that  said  sections 
shall  read  as  follows: 

§  1.  That  any  number  of  persons,  not  less  than  ten  (10),  all  of 
whom  shall  be  citizens  of  the  United  States  and  either,  residents  of 
the  county  in  which  the  principal  office  of  the  company  to  be  incorpor- 
ated is  to  be  located  or,  residents  of  a  county  that  adjoins  such  county, 
may  form  a  corporation  to  own  lands  for  the  purpose  of  improvement 
by  the  company,  by  the  erection  of  residences  thereon,  to  be  sold  or 
leased  by  said  company:  Provided  that  the  persons  forming  such  cor- 
poration shall  be  limited,  in  residence,  to  two  or  less  counties. 

§  5.  No  person,  unless,  a  resident,  of  the  county  in  which  the 
principal  office  is  located,  or  a  resident  of  a  county  that  adjoins  such 
county,  shall  hold  stock  in  any  company  incorporated  under  this  Act: 
Provided  that  the  persons  who  shall  hold  stock  in  any  such  company, 
shall  be  limited,  in  residence,  to  two  or  less  counties,  unless  such  stock 
is  acquired  by  inheritance  or  bequest.  No  person  not  a  resident  of 
one  or  the  other  of  such  counties,  shall  be  a  director  or  officer  of  any 
such  corporation. 

Filed  June  19,  1919. 


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  nineteenth  day   of  June,   A.   D.   1919. 

Louis  L.  Emmerson,  Secretary  of  State. 


COUNTIES.  369 


COUNTIES. 


BURIAL— SOLDIERS    AND    SAILORS. 

§   1.     Amends  sections   1  and   2,  Act  of  §  2.     Burial    expenses. 

1907. 

§  2.     Amends  title  of  Act. 
§   1.     Duty     of     supervisors — 
county  commissioners. 

(House  Bill  No.  263.     Approved  June  23,  1919.) 

An  Act  to  amend  sections  1  and  2  and  the  title  of  an  Act  entitled, 
"An  Act  to  provide  for  the  burial  of  deceased  soldiers,  sailors  or 
marines  of  the  late  Civil  War,  the  Spanish-American  War,  the  Philip- 
pine Insurrection,  and  the  Boxer  Uprising  in  China,  or  their  mothers, 
wives  or  widows",  approved  May  2%,  1907,  in  force  July  1,  1907,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  1  and  2  of  an  Act 
entitled,  "An  Act  to  provide  for  the  burial  of  deceased  soldiers,  sailors 
or  marines  of  the  late  Civil  War,  the  Spanish  American^  the  Philippine 
Insurrection,  and  the  Boxer  Uprising  in  China,  or  their  mothers,  wives 
or  widows",  approved  May  24,  1907,  in  force  July  1,  1907,  as  amended, 
are  amended  to  read  as  follows : 

§  1.  That  it  shall  be  the  duty  of  the  board  of  supervisors  in  coun- 
ties under  township  organization,  and  of  the  county  commissioners  in 
counties  not  under  township  organization,  to  designate  some  suitable  per- 
son or  persons  who  shall  serve  without  compensation,  whose  duty  it  shall 
be  to  cause  to  be  properly  interred  the  body  of  any  honorably  discharged 
soldier,  sailor  or  marine,  who  served  in  the  army  or  navy  of  the' United 
States  during  the  late  Civil  War,  the  Spanish- American  War,  the  Philip- 
pine Insurrection,  the  Boxer  Uprising  in  China,  or  with  the  Allied 
Armies  and  in  the  armies  of  the  United  States  in  the  war  with  the  Cen- 
tral Powers,  or  their  mothers,  wives  or  widows,  who  may  hereafter  die 
in  such  county,  without,  having  sufficient  means  to  defray  the  funeral 
expenses. 

§  2.  The  expense  of  such  burial  shall  not  exceed  the  sum  of 
seventy-five  dollars;  such  burial  shall  not  be  made  in  any  cemetery  or 
burial  ground  used  exclusively  for  the  burial  of  the  pauper  dead,  or  in 
that  portion  of  any  burial  ground  so  used ;  and,  provided,  that  in  case 
relatives  of  the  deceased,  who  are  unable  to  bear  the  expense  of  burial, 
desire  to  conduct  the  funeral,  they  may  be  allowed  to  do  so,  and  the 
expense  thereof  shall  be  paid  as  hereinafter  provided. 

§  2.  The  title  to  said  Act  is  amended  to  read  as  follows :  "An 
Act  to  provide  for  the  burial  of  deceased  soldiers,  sailors  or  marines  of 
the  late  Civil  War,  the  Spanish  American  War,  the  Philippine  Insur- 
rection, the  Boxer  Uprising  in  China,  and  with  the  Allied  Armies  and 
in  the  armies  of  the  United  States  in  the  war  with  the  Central  Powers, 
or  their  mothers,  wives  or  widows." 

Approved  June  23,  1919. 


—24  L 


370  COUNTIES. 


COMMISSIONERS. 

§    1.     Amends  section  61,  Act  of  1874  as        §   2.     Emergency, 
subsequently   amended. 

§   61.     Commissioners  to   take 
oath  of   office — duties. 

(Senate  Bill  No.   163.     Approved  March   29,   1919.) 

An  Act  to  amend  section  sixty-one  (61)  of  an  Act  entitled,  "An 
Act  to  revise  the  law  in  relation  to  counties,"  approved  March  Slt 
187 Jf,  as  amended  by  Acts  approved'  respectively  May  20,  1879,  June 
14,  1887,  June  26,  1895,  May  18,  1905,  and  June  8,  1909. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  sixty-one  (61)  of 
an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  counties,"  ap- 
proved March  31,  1874,  as  amended  by  Acts  approved  respectively  May 
20,  1879,  June  14,  1887,  June  26,  1895,  May  18,  1905,  and  June  8,  1909, 
be  and  the  same  is  hereby  amended  to  read  as  follows : 

§  61.  The  said  commissioners  shall  severally,  before  they  enter 
upon  the  discharge  of  their  duties,  take  the  oath  of  office  prescribed  by 
the  constitution,  and  they  shall  be  known  as  the  board  of  commissioners 
of  Cook  County,  and  as  such  board  shall  possess  the  powers,  perform 
the  duties,  and  be  subject  to  the  rules,  regulations  and  restrictions  here- 
in after  specified,  that  is  to  say: 

First — Said  board  of  commissioners  shall  hold  regular  meetings  on 
the  first  Monday  of  December,  January,  February,  March,  June  and 
September  in  each  year.  It  shall  be  the  duty  of  the  president  of  the 
board  of  commissioners  to  call  special  meetings  of  the  board  whenever, 
in  his  opinion,  the  same  may  be  necessary;  and  he  shall  preside  at  all 
meetings  of  said  board,  and  generally  perform  the  duties  usually  per- 
formed by  a  presiding  officer:  Provided,  that  in  the  absence  of  the 
president,  or  his  inability  to  act,  a  president  pro  tempore  may  be  elected, 
who  shall,  during  such  absence  or  inability,  possess  all  the  powers  and 
perform  all  the  duties  by  law  vested  in  and  required  of  the  president. 

Second — The  president  of  the  board  of  commissioners  shall  have 
the  same  privilege  of  voting  as  any  other  commissioner;  but  he  shall  not 
have  a  casting  vote  upon  any  question  upon  which  he  has  voted  as 
commissioner. 

Third — All  resolutions  or  motions  whereby  any  money  shall  be 
appropriated,  or  by  virtue  of  which  any  contract  shall  be  made,  or  any 
act  done  which  ma}r,  directly  or  indirectly,  or  in  any  manner  whatever, 
create  any  pecuniary  liability  on  the  part  of  said  county,  shall  be  sub- 
mitted to  said  board  of  commissioners  in  writing,  or  reduced  to  writing, 
before  any  vote  shall  be  taken  thereon ;  and  if  adopted  by  the  board,  the 
same  shall  not  take  effect  until  after  the  same  shall  have  been  approved 
in  writing  by  the  president  of  said  board,  except  as  hereinafter  provided. 
It  shall  be  the  duty  of  the  clerk  of  said  board  to  deliver  to  the  president 
thereof,  upon  his  request,  the  original  (or  a  copy)  of  each  resolution  or 
motion,  so  passed  or  adopted  by  said  board  as  aforesaid,  within  one  day 
after  its  passage  or  adoption ;  and  in  case  the  president  approves  thereof, 
he  shall  sign  the  same,  and -it  shall  thereupon  be  in  full  force  and 


COUNTIES.  371 


effect.  In  case  the  president  shall  not  approve  any  such  resolution  or 
motion,  he  shall,  within  five  days  after  the  receipt  of  the  same  as  afore- 
said, return  it  to  the  clerk  of  said  board,  with  his  objections  thereto 
in  writing.  Such  veto  by  the  president  may  extend  to  any  one  or  more 
items  or  appropriations  contained  in  any  resolution  making  an  appro- 
priation, or  to  the  entire  resolution;  and  in  case  the  veto  only  extends 
to  a  part  of  such  resolution  making  an  appropriation,  the  residue  thereof 
not  embraced  within  the  veto  shall  take  effect  and  be  in  force  from  the 
time  of  the  receipt  by  said  clerk  of  such  veto  of  such  part.  Upon  the 
return  of  any  such  resolution  or  motion  by  the  president,  with  his  objec- 
tions thereto  as  aforesaid,  the  vote  by  which  the  same  was  passed  shall 
be  reconsidered  by  the  board  of  commissioners  as  to  so  much  thereof  as 
may  have  been  vetoed;  and  if,  after  such  reconsideration,  four-fifths  of 
all  the  members  elected  to  the  board  shall  agree  to  pass  the  same  by 
yeas  and  nays,  to  be  entered  on  the  journal,  the  same  shall  take  effect, 
notwithstanding  the  president  may  have  refused  to  approve  thereof.  In 
case  the  president  shall  fail  or  omit  to  either  sign  and  approve  or  return, 
with  his  objections  as  aforesaid,  any  such  motion  or  resolution  which 
shall  have  been  passed  or  adopted  by  the  board  within  six  days  after  it 
shall  have  been  so  passed  or  adopted  the  same  shall  take  effect  without 
the  approval  of  the  president. 

Fourth — Said  board  of  commissioners  shall  have  the  management 
of  the  affairs  of  said  Cook  County,  in  the  manner  provided  by  law,  and 
may  exercise  the  same  powers,  perform  the  same  duties,  and  shall  be 
subject  to  the  same  rules,  regulations  and  penalties  prescribed  by  law 
for  the  board  of  supervisors  in  other  counties,  except  as  herein  otherwise 
provided;  and  shall  also  be  subject  to  the  rules,  regulations  and  restric- 
tions herein  provided. 

Fifth — The  said  board  of  commissioners  shall  have  no  power  or 
authority  to  delegate  to  any  committee  or  other  person  or  persons  the 
"power  to  act,"  when  such  "power  to  act"  shall  involve  the  letting  of 
any  contract  or  the  expenditure  of  public  money  exceeding  the  sum  of 
five  hundred  dollars  ($500)  ;  and  any  action  of  said  board,  or  of  any 
committee  thereof,  or  of  any  other  person  or  persons  in  violation  of  this 
section,  shall  be  null  and  void.  No  money  shall  be  appropriated  or 
ordered  paid  by  said  county  commissioners  beyond  the  sum  of  five  hun- 
dred dollars  ($500),  unless  such  appropriation  shall  have  been  authorized 
by  a  vote  of  at  least  two-thirds  of  the  members  elected  to  the  said 
county  board.  And  no  officer  of  Cook  County,  or  other  person,  shall 
incur  any  indebtedness  on  behalf  of  the  county,  unless  first  authorized 
by  said  board  of  commissioners. 

Sixth — Said  board  Of  commissioners,  except  as  hereinafter  pro- 
vided, shall,  within  che  first  quarter  of  each  fiscal  year  adopt  a  resolu- 
tion, to  be  termed  the  annual  appropriations  bill,  in  and  by  which  reso- 
lution said  board  shall  appropriate  such  sums  of  money  as  may  be 
necessary  to  defray  all  necessary  expenses  and  liabilities  of  said  Cook 
County,  to  be  by  said  county  paid  or  incurred  during  and  until  the 
time  of  the  adoption  of  the  next  annual  appropriation  bill  under  this 
section :     Provided,  that  said  board   shall   not  expend   any  money  or 


372  COUNTIES. 


incur  any  indebtedness  or  liability  on  behalf  of  said  county  in  excess 
of  the  percentage  and  several  amounts  now  limited  by  law,  and  based  on 
the  limit  prescribed  in  the  constitution,  when  applied  to  the  last 
previous  assessment.  Said  appropriation  bill  shall  specify  the  several 
objects  and  purposes. for  which  such  appropriations  are  made,  and  the 
amount  appropriated  for  each  object  or  purpose.  If  the  Legislature 
shall  by  law  provide,  or  shall  at  any  time  appear  to  have  by  law  pro- 
vided, for  the  publication  of  the  assessment  of  real  or  personal  property, 
or  both,  to  be  paid  for  out  of  the  county  treasury,  then  said  board  of 
commissioners  shall  in  each  year,  while  such  publication  is  required, 
make  due  provision  for  the  cost  thereof  by  sufficient  appropriation  in 
such  resolution,  which  said  appropriation  shall  take  precedence  over  all 
the  other  appropriations  contained  in  such  resolution,  excepting  the 
provision  for  principal  and  interest  of  county  indebtedness,  the  ordinary, 
current  salaries  of  county  officials  and  employees,  the  maintenance  of 
county  property  and  institutions  (including  courts  and  juries)  dieting 
occupants  of  the  jails,  prisons,  hospitals  and  industrial  schools,  and 
the  cost  of  elections  required  by  law.  Such  appropriations  shall  take 
precedence  of  any  appropriation  for  contingent  fund  or  building  fund; 
and  if  the  tax  actually  collected  in  any  such  year  shall  be  less  than  the 
total  amount  of  the  appropriations  contained  in  said  resolution,  the 
items  of  appropriation  following  in  such  resolution  after  such  appro- 
priation for  publishing  assessments,  in  the  order  herein  directed,  shall 
be  first  abated,  before  the  appropriation  for  such  publication  of  tax 
assessments  shall  be  reduced.  The  vote  of  said  board  of  commissioners 
upon  said  appropriation  bill  shall  be  taken  by  yeas  and  nays,  and  the 
same  shall  be  entered  upon  the  journal.  Such  appropriation  bill  shall 
not  take  effect  until  after  it  shall  have  been  once  published  in  a  news- 
paper published  in  Chicago,  and  said  board  shall  provide  for  and  cause 
said  appropriation  bill  to  be  published  as  aforesaid.  After  the  adoption 
of  such  appropriation  bill  or  resolution,  the  said  board  of  commissioners 
shall  not  make  any  further  or  other  appropriations  prior  to  the  adoption 
or  passage  of  the  next  succeeding  annual  appropriation  bill,  and  the  said 
board  of  commissioners  shall  have  no  power,  either  directly  or  indirectly, 
to  make  any  contract  or  to  do  any  act  which  shall  add  to  the  county 
expenditure  or  liabilities  in  any  year,  anything  or  sum  over  and  above 
the  amount  provided  for  in  the  annual  appropriation  bill  for  that  fiscal 
year.  No  contract  shall  hereafter  be  made,  or  expense  or  liability 
incurred  by  the  said  board  of  commissioners,  or  any  member  or  com- 
mittee thereof,  or  by  any  person  or  persons,  for  or  in  its  behalf,  not- 
withstanding the  expenditure  may  have  been  ordered  by  the  said  board 
of  commissioners,  unless  an  appropriation  therefor  shall  have  been 
previously  made  by  said  board  in  manner  aforesaid :  Provided,  how- 
ever, that  nothing  herein  contained  shall  prevent  the  board  of  commis- 
sioners, by  a  concurring  vote  of  four-fifths  of  all  the  commissioners 
(said  votes  to  be  taken  by  yeas  and  nays  and  entered  upon  the  journal), 
from  making  any  expenditure  or  incurring  any  liability  rendered  neces- 
sary, by  any  unforseen  casualty  by  fire,  flood  or  otherwise,  happening 
after  the  annual  appropriation  bill  shall  have  been  passe'd  or  adopted. 


COUNTIES.  373 


Nor  shall  anything  herein  contained  be  construed  to  deprive  the  board 
of  power  to  provide  for  and  cause  to  be  paid  from  the  county  funds  any 
charge  upon  said  county  imposed  by  law,  without  the  action  of  the  board 
of  commissioners,  including  fixed  salaries  of  officer's  required  by  law  to 
be  paid  from  the  county  treasury,  and  to  pay  jurors'  fees  and  other 
charges  fixed  by  law;  and,  provided  further,  that  said  board  of  commis- 
sioners may  at  any  time  within  the  first  half  of  the  fiscal  year  com- 
mencing on  the  first  Monday  of  December,  A.  D.  1918,  and  ending  on 
the  Saturday  immediately  preceeding  the  first  Monday  of  December, 
A.  D.  1919,  pass  additional  or  supplemental  appropriation  bills  or  reso- 
lutions making  additional  appropriations  which  may  relate  back  to  the 
commencement  of  said  fiscal  year  and  be  additional  or  supplemental  to 
any  item  or  items  in  the  annual  appropriation  bill  for  said  fiscal  year. 
Any  such  additional  or  supplemental  appropriation  bills  or  resolutions 
shall  not  take  effect  until  they  shall  have  been  once  published  in  a 
newspaper  published  in  Chicago,  and  said  board  of  commissioners  shall 
provide  for  and  cause  said  additional  or  supplemental  appropriation 
bills  or  resolutions  to  be  published  as  aforesaid.  Any  appropriations 
contained  in  said  additional  or  supplemental  appropriation  bills  or  reso- 
lutions may  be  included  in  the  general  tax  levy  for  the  calendar  year 
A.  D.  1919,  or  a  subsequent  separate  tax  levy  or  levies,  may  be  made 
therefor. 

Seventh — The  board  of  commissioners  shall  establish  and  provide 
for  the  appointment  of  a  committee  on  finance  and  a  committee  on 
public  service.  There  shall  be  a  superintendent  of  public  service,  to  be 
appointed  by  the  president,  by  and  with  the  consent  of  the  board  of 
commissioners,  who  shall  hold  his  office  for  one  year  and  until  his  suc- 
cessor is  appointed.  He  may  be  suspended  or  removed  by  the  president. 
He  shall  give  a  sufficient  bond  for  the  performance  of»his  duties  and 
be  subject  to  the  oversight  and  supervision  of  the  committee  on  the 
public  service.  It  shall  be  the  duty  of  the  superintendent,  under 
authority  of  the  board  of  commissioners,  to  purchase,  receive  and  dis- 
tribute all  supplies  necessary  for  the  use  and  service  of  Cook  County  and 
its  various  institutions,  of  whatever  nature,  including  all  supplies  neces- 
sary for  dieting  the  prisoners  confined  in  the  jail  of  said  county,  and,  to 
keep,  on  and  after  the  first  Monday  in  December,  1910,  accurate  accounts 
of  and  vouchers  for  the  same,  which  shall  be  open  to  the  inspection  of 
the  president  and  the  committee  on  public  service  and  to  the  public. 
He  shall  also  perform  all  other  duties,  relative  to  the  public  service 
which  may  be  assigned  to  him  by  the  board  of  commissioners,  who  shall 
make  and  maintain  regulations  for  the  conduct  and  government  of  the 
department  of  public  service  not  inconsistent  with  this  Act. 

Eighth — All  contracts  for  supplies,  material  and  work  for  the  county 
of  Cook  shall  be  let  to  the  lowest  responsible  bidder,  after  due  advertise- 
ment ;  but  if,  in  case  of  any  emergency,  it  is  necessary  to  purchase 
supplies  not  exceeding  in  amount  $500,  such  purchase  may  be  made  by 
the  superintendent  in  the  open  market,  on  authority  given  to  him  by 
the  board  of  commissioners  or  the  committee  on  public  service.  All  con- 
tracts for  supplies,  material  or  work  for  Cook  County  shall  be  approved 


374  J0UNTIES. 


by  the  board  of  commissioners  and  signed  by  the  president  of  the  board, 
the  superintendent  of  public  service  and  the  comptroller.  Supplies  shall 
be  issued  only  on  the  requisitions  of  the  responsible  officers  of  the 
county  institutions  now  or  hereafter  established  by  law,  approved  by 
the  committee  on  public  service. 

Ninth — All  officers  and  employees  of  the  county  of  Cook,  in  the 
classification  hereinafter  provided  for,  except  those  enumerated  in 
paragraph  twentieth  of  this  section,  shall  be  appointed  by  the  president 
of  the  board,  according  to  the  provisions  of  this  section.  The  salaries  or 
rate  of  compensation  of  all  officers  and  employees  of  said  county,  when 
not  otherwise  provided  by  law,  shall  be  fixed  by  the  board  of  commis- 
sioners and  shall  be  fixed  prior  to  the  adoption  of  the  annual  appro- 
priation, and  shall  not  be  changed  during  the  year  for  which  the 
appropriation  is  made.  The  board  of  commissioners  shall  also  de- 
termine whether  any  or  what  amount  of  bond  any  officer  or  employee 
shall  give. 

Tenth — Civil  sekvice  commission.]  The  president  of  the  county 
board  shall,  at  the  first  regular  meeting  of  the  first  day  after  July,  A.  D. 
1895,  appoint  three  persons,  who  shall  constitute  and  be  known  as  the 
civil  service  commission  of  said  county;  one  for  a  term  ending  on  the 
first  Monday  of  December,  A.  D.  1895 ;  one  for  a  term  ending  on  the  first 
Monday  of  December,  A.  D.  1896;  and  one  ending  on  the  first  Monday 
of  December,  A.  D.  1897,  and  until  their  respective  successors  are 
appointed  and  qualified.  And  at  the  respective  dates  above  named,  or 
soon  thereafter,  the  president  shall  in  like  manner  appoint  one  person 
as  the  successor,  or  a  commission,  whose  term  shall  then  expire,  to  serve 
as  a  commissioner  for  three  years,  and  until  his  successor  is  in  like 
manner  appointed  and  qualified.  Two  commissioners  shall  constitute 
a  quorum.  All.  appointments  to  such  commission,  both  original  and  to 
fill  vacancies,  shall  be  so  made  that  not  more  than  two  members  shall 
at  the  time  of  appointment  be  members  of  the  same  political  party. 
Said  commissioner  shall  hold  no  other  lucrative  office  or  employment 
under  the  United  States,  the  State  of  Illinois,  or  any  municipal  corpo- 
ration or  political  division  thereof.  Each  commissioner,  before  entering 
upon  the  duties  of  his  office,  shall  take  the  oath  prescribed  by  the  Con- 
stitution of  this  State. 

Eleventh — Removal  of  commissioners — vacancy.]  The  presi- 
dent may,  in  his  discretion,  remove  any  commissioner  for  incompetence, 
neglect  of  duty  or  malfeasance  in  office.  The  president  shall,  at  the  next 
regular  meeting,  report  in  writing  any  such  removal  to  the  board,  with 
his  reasons  therefor.  Any  vacancy  in  the  office  of  civil  service  com- 
missioner shall  be  filled  by  appointment  by  the  president. 

Twelfth — Classification.]  Said  commissioner  shall  classify  all 
the  offices  and  places  of  employment  in  said  county  with  reference  to  the 
examinations  hereinafter  provided  for,  except  those  offices  and  places 
mentioned  in  the  twentieth  paragraph  in  this  section.  The  offices  and 
places  so  classified  by  the  commission  shall  constitute  the  classified  civil 
service  of  said  county,  and  no  appointments  to  any  of  such  offices  or 


COUNTIES.  375 


places  or  removals  therefrom  shall  be  made,  except  under  and  according 
to  the  rules  hereinafter  mentioned. 

Thirteenth — Eules.]  Said  commission  shall  make  rules  to  carry 
out  the  purposes  of  this  Act,  and  for  examinations,  appointments  and 
removals  in  accordance  with  its  provisions,  and  the  commission  may, 
from  time  to  time,  make  changes  in  the  original  rules. 

Fourteenth — Publication  of  rules — time  of  taking  effect.] 
All  rules  made  as  hereinbefore  provided,  and  all  changes  therein,  shall 
forthwith  be  printed  for  distribution  by  said  commission;  and  the  com- 
mission shall  give  notice  of  the  place  or  places  where  said,  rules  may  be 
obtained,  by  publication  in  one  or  more  daily  newspapers  published  in 
such  county;  and  in  each  such  publication  shall  be  specified  the  date, 
not  less  than  ten  days  subsequent  to  the  date  of  such  publication,  when 
said  rules  shall  go  into  operation. 

Fifteenth — Examination.]  All  applicants  for  offices  or  places  in 
said  classified  service,  except  those  mentioned  in  the  twentieth  paragraph 
of  this  section,  shall  be  subjected  to  examination,  which  shall  be  public, 
competitive  and  free  to  all  citizens  of  the  United  States,  with  specified 
limitations  as  to  residence,  age,  health,  habits  and  moral  character. 
Such  examinations  shall  be  practical  in  their  character  and  shall  relate 
to  those  matters  which  will  fairly  test  the  relative  capacity  of  the  persons 
examined  to  discharge  the  duties  of  the  positions  to  which  they  seek  to 
be  appointed,  and  shall  include  tests  of  physical  qualifications  and 
health,  and  when  appropriate,  of  manual  skill.  No  questions  in  any  ex- 
amination shall  relate  to  political  or  religious  opinion  or  affiliations. 
The  commission  shall  control  all  examinations  and  may,  when  an  ex- 
amination is  to  take  place,  designate  a  suitable  number  of  persons,  either 
in  or  not  in  the  official  service  of  said  county,  to  be  examiners;  and  it 
shall  be  the  duty  of  such  examiners,  and,  if  in  the  official  service,  it  shall 
be  a  part  of  their  official  duty,  without  extra  compensation,  to  conduct 
such  examination  as  the  commission  may  direct,  and  make  return  or 
report  thereof  to  said  commission;  and  the  commission  may  at  any 
time  substitute  any,  other  person,  whether  or  not  in  such  service,  in  the 
place  of  any  one  selected ;  and  the  commission  may  themselves,  at  any 
time,  act  as  such  examiners,  and  without  appointing  examiners.  The 
examiners  at  any  examination  shall  not  all  be  members  of  the  same 
political  party. 

Sixteenth — Notice  of  examination.]  Notice  of  the  time  and 
place  and  general  scope  of  every  examination  shall  be  given  by  the  com- 
mission by  publication  for  two  weeks  preceding  such  examination,  in  a 
daily  newspaper  of  general  circulation  published  in  said  county,  and  such 
notice  shall  also  be  posted  by  said  commision  in  a  conspicuous  place  in 
their  office  for  two  weeks  before  such  examination.  Such  further  notice 
of  examination  may  be  given  as  the  commission  shall  prescribe. 

Seventeenth — Registers.]  From  the  returns  or  reports  of  the 
examiners,  or  from  the  examinations  made  by  the  commission,  the  com- 
mission shall  prepare  a  register  for  each  grade  or  class  of  positions  in 
the  classified  service  of  said  county,  of  the  person  whose  general  average 
standing  upon  examination  for  such  grade  or  class  is  not  less  than  the 
minimum  fixed  bv  the  rules  of  such  commission,  and  who  are  otherwise 


376  counties. 


eligible;  and  such  persons  shall  take  rank  upon  the  registers  as  candi- 
dates in  the  order  of  their  relative  excellence,  as  determined  by  examin- 
ation, without  reference  to  priority  of  time  of  examination.  Said  com- 
mission may  strike  off  names  of  candidates  from  the  register  after  they 
have  remained  thereon  for  more  than  two  years. 

Eighteenth — Promotions.]  The  commission  shall,  by  its  rules, 
provide  for  promotion  in  such  classified  service,  on  the  basis  of  ascer- 
tained merit,  examination  and  seniority  in  service,  and  shall  provide,  in 
all  cases  where  it  is  practicable,  that  vacancies  shall  be  filled  by  pro- 
motion. All  examinations  for  promotion  shall  be  competitive  among 
such  members  of  the  next  lower  rank  as  desire  to  submit  themselves  to 
such  examination;  and  it  shall  be  the  duty  of  the  commission  to  submit 
to  the  appointing  power  the  names  of  not  more  than  three  applicants 
for  each  promotion  having  the  highest  rating.  The  method  of  examin- 
ation and  the  rules  governing  the  same,  and  the  method  of  certifying 
shall  be  the  same  as  provided  for  applicants  for  original  appointment. 

Nineteenth — Appointments  to  classified  service.]  The  head 
of  the  institution,  department  or  office  in  which  a  position  classified 
under  this  Act  is  to  be  filled,  shall  notify  the  president  of  the  board  and 
said  commission  of  that  fact,  and  said  commission  shall  certify  to  the 
appointing  officer 'the  name  and  address  of  the  candidate  standing  high- 
est upon  the  register  for  the  class  or  grade  said  position  belongs  to, 
except  that  in  case  of  laborers,  where  a  choice  by  competition  is  imprac- 
ticable, said  commission  may  provide  by  its  rules  that  the  selection  may 
be  made  by  lot  from  among  those  candidates  proved  fit  by  examination. 
In  making  such  certification,  sex  rhall  be  disregarded,  except  when  some 
statute,  the  rules  of  said  commission  or  the  appointing  power  specifies 
sex.  Said  appointing  officer,  meaning  thereby  the  president  of  said 
board,  shall  notify  said  commission  of  each  position  to  be  filled  separ- 
ately, and  shall  fill  such  place  by  the  appointment  of  the  person  certified 
by  said  commission  therefor,  which  appointment  shall  be  on  probation 
for  a  period  to  be  fixed  by  said  rules.  At  or  before  the  expiration  of 
the  period  of  probation,  the  officer  having  the  power  of  appointment  may, 
with,  the  consent  of  said  commission,  discharge  such  person  so  appointed 
on  probation,  upon  asigning  in  writing  to  said  commission  his  reasons 
therefor. 

Twentieth — Exemptions.]  The  president  of  the  board  of  com- 
missioners of  Cook  County,  shall,  with  the  advice  and  consent  of  the 
board,  appoint  the  warden  of  the  county  hospital,  the  superintendent  of 
the  insane  asylum  and  poor  house,  the  county  agent,  the  county  phy- 
sician, the  custodians  of  court  house  and  criminal  court  building,  the 
county  attorney,  the  county  architect,  the  committee  clerk  of  the  county 
board,  and  the  said  officers  and  the  superintendent  of  public  service  shall 
not  be  included  in  the  said  classified  service. 

Twenty-first — Eemovals  and  reductions.]  Eemovals  from  the 
classified  service,  or  reduction  in  grade  of  compensation,  or  both,  may 
be  made  in  any  department  of  the  service  by  the  head  of  such  depart- 
ment, for  any  cause  which  will  promote  the  efficiency  of  the  service;  but 
only  on  written  specifications  by  the  officer  making  the  removal  or  re- 
duction; and  the  person  sought  to  be  removed  or  reduced  shall  have 


COUNTIES.  377 


notice  and  shall  be  served  with  a  copy  of  the  specification  and  be 
allowed  reasonable  time  for  answering  the  same  in  writing;  and  a  copy 
of  the  notice,  specifications,  answer  and  of  the  order  of  removal  or  re- 
duction shall  be  filed  with  the  civil  service  commission.  The  said  com- 
mission shall  investigate  any  removal  or  reduction  which  it  has  reason 
to  believe  has  not  been  made  in  accordance  with  the  provisions  of  this 
section;  and  it  may  in  any  case  investigate  any  removal  or  reduction, 
and  then  in  accordance  with  its  findings,  approve  or  disprove  [dis- 
approve] the  same.  The  finding  and  decision  of  the  said  commission 
shall  in  every  case  be  final,  and  shall  be  certified  to  the  appointing 
officer,  and  shall  be  forthwith  enforced  by  such  officer.  A  copy  of  said 
papers  in  each  case  shall  be  made  a  part  of  the  record  of  the  division  of 
the  service  in  which  the  removal  or  reduction  is  made.  Nothing  in 
this  Act  shall  limit  the  power  of  any  officer  to  suspend  a  subordinate, 
without  pay,  for  cause  assigned  in  writing,  for  a  reasonable  period,  not 
exceeding  thirty  days.  In  the  course  of  an  investigation  of  charges, 
each  member  of  the  civil  service  commission  shall  have  the  power  to 
administer  oaths,  and  shall  have  the  power  to  secure  by  its  subpoena, 
both  the  attendance  and  testimony  of  witnesses,  and  the  production  of 
books  and  papers  relevant  to  such  investigation. 

Twenty-second — Eepoet  to  commission.]  Immediate  notice  in 
writing  shall  be  given  by  the  appointing  power  to  said  commission  of 
all  appointments,  permanent  or  temporary,  made  in  such  classified  civil 
service,  and  of  all  transfers,  promotions,  resignations  or  vacancies  from 
any  cause  in  such  service  and  of  the  date  thereof;  and  a  record  of  the 
same  shall  be  kept  by  said  commission.  When  any  office  or  place  of 
employment  is  created  or  abolished,  or  the  compensation  attached  thereto 
altered,  the  officer  or  board  making  such  change  shall  immediately 
report  it  in  writing  to  said  commission. 

Twenty-third — Investigations.]  The  commission  shall  investi- 
gate the  enforcement  of  this  Act  and  its  rules,  and  the  action  of  exam- 
iners herein  provided  for  and  the  conduct  and  action  of  the  appointees 
in  the  classified  civil  service  in  said  county.  In  the  course  of  such 
investigation  each  commissioner  shall  have  power  to  administer  oaths, 
and  said  commission  shall  have  power  to  secure  by  its  subpoena  both 
the  attendance  and  testimony  of  witnesses  and  the  production  of  books 
and  papers  relevant  to  such  investigations. 

Twenty-fourth — Eeport  or  commission.]  Said  commission  shall 
on  or  before  the  first  Monday  of  September  of  each  year  make  to  the 
president  for  transmission  to  the  board  of  commissioners  a  report  show- 
ing its  own  action,  the  rules  in  force,  the  practical  effects  thereof,  and 
any  suggestions  it  may  approve  for  the  more  effectual  accomplishment 
of  the  purposes  of  this  Act.  The  president  may  require  a  report  from 
said  commission  at  any  time. 

Twenty-fifth — The  civil  service  commission  shall  select  one  of  their 
own  number  to  act  as  chairman  and  one  as  secretary.  The  secretary 
shall  keep  the  minutes  of  its  proceedings,  preserve  all  reports  made  to 
it,  keep  a  record  of  all  examinations  held  under  its  direction  arid  per- 
form such  other  duties  as  the  commission  shall  require. 


378  COUNTIES. 


Twenty-sixth — Officers  to  aid — Booms.]  All  officers  of  said 
county  shall  aid  said  commission  in  all  proper  ways  in  carrying  out  the 
provisions  of  this  Act,  and  at  any  place  where  examinations  are  to  be 
held  shall  allow  the  reasonable  use  of  public  buildings  for  holding  such 
examinations.  The  board  of  county  commissioners  shall  cause  suitable 
rooms  to  be  provided  for  said  commission  at  the  expense  of  said  county. 

Twenty-seventh — Salaries  and  expenses.]  Each  of  said  civil 
service  commissioners  shall  receive  a  salary  of  fifteen  hundred  dollars  a 
year,  and  said  commission  may  also  incur  expenses  not  exceeding  five 
hundred  dollars  a  year  for  printing,  stationery  and  other  incidental 
matters. 

Twenty-eighth — Appeopkiations.]  A  sufficient  sum  of  money 
shall  be  appropriated  each  year  by  said  board  to  carry  out  the  provisions 
of  this  Act  in  said  county.  If  the  board  shall  have  already  made  the 
annual  appropriation  for  county  purposes  for  the  current  fiscal  year,  the 
board  is  authorized  and  required  to  pay  the  salaries  and  expenses  of  the 
civil  service  commission  for  such  fiscal  year  out  of  the  moneys  appro- 
priated for  contingent  purposes  by  said  board. 

Twenty-ninth — Frauds  prohibited.]  No  person  or  officer  shall 
wilfully  or  corruptly  by  himself  or  [in]  cooperation  with  any  one  or 
more  other  persons,  defeat,  deceive  or  obstruct  any  person  in  respect  to 
his  or  her  right  of  examination,  or  corruptly  or  falsely  mark,  grade, 
estimate  or  report  upon  the  examination  or  proper  standing  of  any 
person  examined  hereunder,  or  aid  in  so  doing,  or  wilfully  or  corruptly 
make  any  false  representation  concerning  the  same  or  concerning  the 
person  examined,  or  wilfully  or  corruptly  furnish  to  any  person  any 
special  or  secret  information  for  the  purpose  of  improving  or  injuring 
the  prospects  or  chances  of  any  person  so  examined  or  to  be  examined 
being  employed  or  promoted. 

Thirtieth — No  officek  to  solicit  or  eeceive  political  contri- 
butions.] No  officer  or  employee  in  the  classified  civil  service  of  said 
county  or  named  in  the  twentieth  paragraph  of  this  section,  shall  solicit, 
orally  or  by  letter,  or  receive  or  pay,  or  be  in  any  manner  concerned  in 
soliciting,  receiving  or  paying  any  assessments,  subscriptions  or  contri- 
butions for  any  party  or  political  purposes  whatever. 

Thirty-first — No  person  to  solicit  political  contributions 
from  officers  or  employees.]  No  person  shall  solicit  orally  or  by 
letter,  or  be  in  any  manner  concerned  in  soliciting  any  assessment,  con- 
tribution or  payment,  for  any  party  or  for  any  political  purpose  what- 
ever, from  any  officer  or  employee  in  the  classified  civil  service  of  said 
county  or  named  in  the  twentieth  paragraph  of  this  section. 

Thirty-second — Assessments  and  contributions  in  public 
offices  forbidden.]  No  person  shall  in  any  room  or  building  occupied 
for  the  discharge  of  official  duties  by  any  officer  or  employee  in  the 
classified  civil  service  of  said  county,  or  named  in  the  twentieth  para- 
graph of  this  section,  solicit,  orally  or  by  written  communication,  deliver 
therein  or  in  any  other  manner,  or  receive  any  contribution  of  money 
or  other  thing  of  value,  for  any  party  or  political  purpose  whatever.  No 
officer,  agent,  clerk  or  employee  in  tbe  classified  civil  service  of  said 


COUNTIES.  379 


county  or  named  in  the  twentieth  paragraph  of  this  section,  who  may 
have  charge  or  control  of  any  building,  office  or  room,  occupied  for  any 
purpose  of  said  government,  shall  permit  any  person  to  enter  the  same, 
for  the  purpose  of  therein  soliciting  or  delivering  written  solicitations 
for,  or  receiving  or  giving  notice  of  any  political  assessments. 

Thirty-third — Payments  of  political  assessment  to  public 
officers  prohibited.]  No  officer  or  employee  in  the  classified  civil 
service  of  said  county  or  named  in  the  twentieth  paragraph  of  this  sec- 
tion shall,  directly  or  indirectly,  give  or  hand  over  to  any  officer  or 
employee  or  to  any  senator  or  representative  or  alderman,  councilman  or 
commissioner,  any  money  or  other  valuable  thing  on  account  of  or  to  be- 
applied  to  the  promotion  of  any  party  or  political  object  whatever. 

Thirty-fourth — Abuse  of  political  influence  prohibited.]  No 
officer  or  employee  in  said  classified  service  or  named  in  the  twentieth 
paragraph  of  this  section  shall  discharge  or  degrade  or  promote,  or  in 
any  manner  change  the  official  rank  or  compensation  of  any  other 
officer  or  employee,  or  promise  or  threaten  to  do  so,  for  giving  or  with- 
holding or  neglecting  to  make  any  contribution  of  money  or  other 
valuable  thing  for  any  party  or  political  purpose,  or  for  refusal  or 
neglect  to  render  any  party  or  political  service. 

Thirty-fifth — Payment  for  place  prohibited.]  No  applicant  for 
appointment  in  said  classified  civil  service,  or  to  a  position  named  in 
the  twentieth  paragraph  in  this  section,  either  directly  or  indirectly, 
shall  pay,  or  promise  to  pay  any  money  or  other  valuable  thing  to  any 
person  whatever  for  or  on  account  of  his  appointment,  or  proposed 
appointment,  and  no  officer  or  employee  in  said  civil  service  or  named 
in  said  paragraph  shall  pay  or  promise  to  pay,  either  directly  or  in- 
directly, any  person  any  money  or  other  valuable  thing  whatever  for  or 
on  account  of  his  promotion. 

Thirty-sixth — Recommendation  in  consideration  of  political 
service  prohibited.]  No  applicant  for  appointment  or  promotion  in 
classified  civil  service  shall  ask  for  or  receive  a  recommendation  for 
assistance  from  any  officer  or  employee  in  said  service,  or  of  any  person 
upon  the  consideration  of  any  political  service  to  be  rendered  to  or  for 
such  person  or  for  the  promotion  of  such  person  to  any  office  or  em- 
ployment   [appointment.] 

Thirty-seventh — Auditing  officer.]  No  accounting  or  auditing 
officer  shall  allow  the  claim  of  any  public  officer  for  services  of  any 
deputy  or  other  person  employed  in  the  public  service  in  violation  of 
the  provisions  of  this  Act. 

Thirty-eighth — Appointments  and  removals  to  be  certified  to 
the  comptroller.]  The  commission  shall  certify  to  the  county  clerk 
or  other  auditing  officers,  all  appointments  to  offices  and  places  in  the 
classified  civil  service,  and  all  vacancies  occurring  therein,  whether  by 
dismissal,  resignation  or  death,  and  all  findings  made  or  approved  by 
the  commission  under  the  provisions  of  the  twenty-first  paragraph  of 
this  section,  that  a  person  shall  be  discharged  from  the  classified  service. 

Thirty-ninth — Comptroller  to  pay  salaries,  only  after  certi- 
fication.]    No  county  clerk,  comptroller  or  other  auditing  office  [offi- 


380  COUNTIES. 


cer]  of  said  county  shall  approve  the  payment  of,  or  be  in  any  manner 
concerned  in  paying  any  salary  or  wages  to  any  person  for  services  as 
an  officer  or  employee  of  said  county  unless  such  person  is  occupying  an 
office  or  place  of  employment  according  to  the  provisions  of  law  and  is 
entitled  to  payment  therefor. 

Fortieth — Compelling  testimony  of  witnesses — production  of 
books  and  papers.]  Any  person  who  shall  be  served  with  a  subpoena 
to  appear  and  testify,  or  to  produce  books  and  papers,  issued  by  the 
commission  or  by  any  commissions  [Commissioners]  or  by  any  board  or 
person  acting  under  the  orders  of  the  commission  in  the  course  of  an 
investigation  conducted  either  under  the  provisions  of  the  twenty-first 
or  twenty-third  paragraph  of  this  section,  and  who  shall  refuse  or 
neglect  to  appear  or  testify,  or  to  produce  books  and  papers  relevant  to 
said  investigation  as  commanded  in  such  subpoena,  shall  be  guilty  of  a 
misdemeanor,  and  shall,  on  conviction,  be  punished  as  provided  in  the 
forty-first  paragraph  of  this  section.  The  fees  of  witnesses  for  attend- 
ance and  travel  shall  be  the  same  as  the  fees  of  witnesses  before  the 
Circuit  Courts,  and  shall  be  paid  from  the  appropriation  for  the  expenses 
of  the  commission.  And  any  Circuit  Court  or  any  judge  thereof,  either 
in  term  time  or  vacation,  upon  application  of  any  such  commission 
[commissioner]  or  officer  or  board  may,  in  his  discretion,  compel  the 
attendance  of  witnesses,  the  production  of  books  and  papers,  and  giving 
of  testimony  before  the  commission,  or  before  any  such  commissioner, 
investigating  board  or  officer  by  attachment  for  contempt  or  otherwise 
in  the  same  manner  as  the  production  of  evidence  may  be  compelled 
before  said  court.  Every  person  who,  having  taken  an  oath  or  made 
affirmation  before  a  commissioner  or  officer  appointed  by  the  commis- 
sion authorized  to  administer  oaths,  shall  swear  or  affirm  wilfully, 
corruptly  and  falsely,  shall  be  guilty  of  perjury  and  upon  conviction 
shall  be  punished  accordingly. 

Forty-first — Penalties.]  Any  person  who  shall  wilfully,  or 
through  culpable  negligence  violate  any  of  the  previsions  of  this  Act  or 
any  rule  promulgated  in  accordance  with  the  provisions  thereof  shall  be 
guilty  of  a  misdemeanor  and  shall,  on  conviction  thereof  be  punished  by 
a  fine  of  not  less  than  fifty  dollars  and  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  term  not  exceeding 
six  months,  or  by  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court. 

Forty-second — Penalties,  disqualification  to  hold  opfice.]  If 
any  person  shall  be  convicted  under  the  next  preceding  section,  any 
public  office  or  place  of  public  employment,  which  such  person  may  hold 
shall,  by  force  of  such  conviction,  be  rendered  vacant,  and  such  person 
shall  be  incapable  of  holding  any  office  or  place  of  public  employment 
for  the  period  of  five  years  from  the  date  of  such  conviction. 

Forty-third — What  officers  to  prosecute.]  Prosecutions  for 
violations  of  this  Act  may  be  instituted  by  the  Attorney  General,  the 
State's  attorney  for  the  county  in  which  the  offense  is  alleged  to  have 
been  committed,  or  by  the  commission  acting  through  special  counsel. 
Such  suits  shall  be  conducted  and  controlled  by  the  prosecuting  officers 


COUNTIES.  381 


who  instituted  them,  unless  they  request  the  aid  of  other  prosecuting 
officers. 

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

Approved  March  29,  1919. 


COMMISSIONERS. 

§   1.     Amends  section  61,  Act  of  1874  as  §   61.     Commissions  —  duties, 

subsequently    amended.  etc. 

§   2.     Emergency. 
(House  Bill  No.  236.     Approved  June  23,  1919.) 

An  Act  to  amend  section  sixty-one  (61)  of  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  counties,"  approved  March  31,  187 If, 
as  amended  by  Acts  approved  respectively  May  20,  1879,  June  14, 
1887,  June  26,  1895,  May  IS,  1905,  and  June  8,  1909,  as  subsequently 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  section  sixty-one  (61)  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  counties,"  approved 
March  31,  1874,  as  amended  by  Acts  approved  respectively  May  20, 
1879,  June  14,  1887,  June  26,  1895,  May  18,  1905,  and  June  8,  1909,  as 
subsequently  amended,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

§  61.  The  said  commissioners  shall  severally,  before  they  enter 
upon  the  discharge  of  their  duties,  take  the  oath  of  office  prescribed 
by  the  constitution,  and  they  shall  be  known  as  the  board  of  commis- 
sioners of  Cook  County,  and  as  such  board  shall  possess  the  powers, 
perform  the  duties,  and  be  subject  to  the  rules,  regulations  and  re- 
strictions hereinafter  specified,  that  is  to  say: 

First — Said  board  of  commissioners  shall  hold  regular  meetings  on 
the  first  Monday  of  December,  January,  February,  March,  June  and 
September  in  each  year.  It  shall  by  [be]  the  duty  of  the  president  of  the 
board  of  commissioners  to  call  special  meetings  of  the  board  whenever, 
in  his  opinion,  the  same  may  be  necessary;  and  he  shall  preside  at  all 
meetings  of  said  board,  and  generally  perform  the  duties  usually  per- 
formed by  a  presiding  officer :  Provided,  that  in  the  absence  of  the 
president,  or  his  inability  to  act,  a  president  pro  tempore  may  be  elected, 
who  shall,  during  such  absence  or  inability,  possess  all  the  powers  and 
perform  all  the  duties  by  law  vested  in  and  required  of  the  president. 

Second — The  president  of  the  board  of  commissioners  shall  have 
the  same  privilege  of  voting  as  any  other  commissioner;  but  he  shall 
not  have  a  casting  vote  upon  any  question  upon  which  he  has  voted  as  a 
commissioner. 

Third — All  resolutions  or  motions  whereby  any  money  shall  be 
appropriated,  or  by  virtue  of  which  any  contract  shall  be  made,  or  any 
act  done  which  may,  directly  or  indirectly,  or  in  any  manner  whatever, 
create  any  pecuniary  liability  on  the  part  of  said  county,  shall  be  sub- 
mitted to  said  board  of  commissioners  in  writing,  or  reduced  to  writing, 
before  any  vote  shall  be  taken  thereon ;  and  if  adopted  by  the  board, 
the  same  shall  not  take  effect  until  after  the  same  shall  have  been  ap- 


382  COUNTIES. 


proved  in  writing  by  the  president  of  said  board,  except  as  hereinafter 
provided.  It  shall  be  the  duty  of  the  clerk  of  said  board  to  deliver  to 
the  president  thereof,  upon  his  request,  the  original  (or  a  copy)  of  each 
resolution  or  motion,  so  passed  or  adopted  by  said  board  as  aforesaid, 
within  one  day  after  its  passage  or  adoption;  and  in  case  the  president 
approves  thereof,  he  shall  sign  the  same,  and  it  shall  thereupon  be  in 
full  force  and  effect.  In  case  the  president  shall  not  approve  any  such 
resolution  or  motion,  he  shall,  within  five  days  after  the  receipt  of  the 
same  as  aforesaid,  return  it  to  the  clerk  of  said  board,  with  his  ob- 
jections thereto  in  writing.  Such  veto  by  the  president  may  extend  to 
any  one  or  more  items  or  appropriations  contained  in  any  resolution 
making  an  appropriation,  or  to  the  entire  resolution;  and  in  case  the 
veto  only  extends  to  a  part  of  such  resolution  making  an  appropriation, 
the  residue  thereof  not  embraced  within  the  veto  shall  take  effect  and  be 
in  force  from  the  time  of  the  receipt  by  said  clerk  of  such  veto  of  such 
part.  Upon  the  return  of  any  such  resolution  or  motion  by  the  presi- 
dent, with  his  objections  thereto  as  aforesaid,  the  vote  by  which  the 
same  was  passed  shall  be  reconsidered  by  the  board  of  commissioners 
as  to  so  much  thereof  as  may  have  been  vetoed;  and  if,  after  such  re- 
consideration, four-fifths  of  all  the  members  elected  to  the  board  shall 
agree  to  pass  the  same  by  yeas  and  nays,  to  be  entered  on  the  journal, 
the  same  shall  take  effect,  notwithstanding  the  president  may  have  re- 
fused to  approve  thereof.  In  case  the  president  shall  fail  or  omit  to 
either  sign  and  approve  or  return,  with  his  objections  as  aforesaid,  any 
such  motion  or  resolution  which  shall  have  been  passed  or  adopted  by 
the  board  within  six  days  after  it  shall  have  been  so  passed  or  adopted 
the  same  shall  take  effect  without  approval  of  the  president. 

Fourth — Said  board  of  commissioners  shall  have  the  management 
of  the  affairs  of  said  Cook  County,  in  the  manner  provided  by  law,  and 
may  exercise  the  same  powers,  perform  the  same  duties,  and  shall  be 
subject  to  the  same  rules,  regulations  and  penalties  prescribed  by  law 
for  the  board  of  supervisors  in  other  counties,  except  as  herein  other- 
wise provided;  and  shall  also  be  subject  to  the  rules,  regulations  and 
restrictions  herein  provided. 

Fifth — The  said  board  of  commissioners  shall  have  no  power  or 
authority  to  delegate  to  any  committee  or  other  person  or  persons  the 
"power  to  act,"  when  such  "power  to  act"  shall  involve  the  letting  of 
any  contract  or  the  expenditure  of  public  money  exceeding  the  sum  of 
five  hundred  dollars  ($500)  ;  and  any  action  of  said  board,  or  of  any 
committee  thereof,  or  of  any  other  person  or  persons  in  violation  of  this 
section,  shall  be  null  and  void.  No  money  shall  be  appropriated  or 
ordered  paid  by  said  county  commissioners  beyond  the  sum  of  five 
hundred  dollars  ($500),  unless  such  appropriation  shall  have  been 
authorized  by  a  vote  of  at  least  two-thirds  of  the  members  elected  to  the 
said  county  board.  And  no  officer  of  Cook  County,  or  other  person, 
shall  incur  any  indebtedness  on  behalf  of  the  county,  unless  first  author- 
ized by  said  board  of  commissioners. 

Sixth — Said  Board  of  Commissioners,  except  as  hereinafter  pro- 
vided, shall,  within  the  first  quarter  of  each  fiscal  year  adopt  a  reso- 
lution, to  be  termed  the  annual  appropriations  bill,  in  and  by  which 


COUNTIES.  383 


resolution  said  board  shall  appropriate  such  sums  of  money  as  may  be 
necessary  to  defray  all  necessary  expenses  and  liabilities  of  said  Cook 
County,  to  be  by  said  county  paid  or  incurred  during  and  until  the  time 
of  the  adoption  of  the  next  annual  appropriation  bill  under  this  section : 
Provided,  that  said  board  shall  not  expend  any  money  or  incur  any  in- 
debtedness or  liability  on  behalf  of  said  county  in  excess  of  the  per- 
centage and  several  amounts  now  limited  by  law,  and  based  on  the  limit 
prescribed  in  the  constitution,  when  applied  to  the  last  previous  assess- 
ment. Said  appropriation  bill  shall  specify  the  several  objects  and 
purposes  for  which  such  appropriations  are  made,  and  the  amount  ap- 
propriated for  each  object  or  purpose.  If  the  Legislature  shall  by  law 
provide,  or  shall  at  any  time  appear  to  have  by  law  provided,  for  the 
publication  of  the  assessment  of  real  or  personal  property,  or  both,  to 
be  paid  for  out  of  the  county  treasury,  then  said  board  of  commissioners 
shall  in  each  year,  while  such  publication  is  required,  make  due  pro- 
vision for  the  cost  thereof  by  sufficient  appropriation  in  such  resolution, 
which  said  appropriation  shall  take  precedence  over  all  the  other  appro- 
priations contained  in  such  resolution,  excepting  the  provision  for  prin- 
cipal and  interest  of  county  indebtedness,  the  ordinary,  current  salaries 
of  county  officials  and  employees,  the  maintenance  of  county  property 
and  institutions  (including  courts  and  juries)  dieting  occupants  of  the 
jails,  prisons,  hospitals  and  industrial  schools,  and  the  cost  of  elections 
required  by  law.  Such  appropriations  shall  take  precedence  of  any 
appropriation  for  contingent  fund  or  building  fund;  and  if  the  tax 
actually  collected  in  any  such  year  shall  be  less  than  the  total  amount 
of  the  appropriations  contained  in  said  resolution,  the  items  of  appro- 
priation following  in  such  resolution  after  such  appropriation  for  pub- 
lishing assessments,  in  the  order  herein  directed,  shall  be  first  abated, 
before  the  appropriation  for  such  publication  of  tax  assessments  shall 
be  reduced.  The  vote  of  said  board  of  commissioners  upon  said  appro- 
priation bill  shall  be  taken  by  yeas  and  nays,  and  the  same  shall  be 
entered  up>on  the  journal.  Such  appropriation  bill  shall  not  take  effect 
until  after  it  shall  have  been  once  published  in  a  newspaper  published 
in  Chicago,  and  said  board  shall  provide  for  and  cause  said  appropri- 
ation bill  to  be  published  as  aforesaid.  After  the  adoption  of  such 
appropriation  bill  or  resolution,  the  said  board  of  commissioners  shall 
not  make  any  further  or  other  appropriations  prior  to  the  adoption  or 
passage  of  the  next  succeeding  annual  apropriation  bill,  and  the  said 
board  of  commissioners  shall  have  no  power,  either  directly  or  indirectly, 
to  make  any  contract  or  to  do  any  act  which  shall  add  to  the  county 
expenditure  or  liabilities  in  any  year,  anything  or  sum  over  and  above 
the  amount  provided  for  in  the  annual  appropriation  bill  for  that  fiscal 
year.  No  contract  shall  hereafter  be  made,  or  expense  or  liability  in- 
curred by  the  said  board  of  commissioners,  or  any  member  or  committee 
thereof,  or  by  any  person  or  persons,  for  or  in  its  behalf,  notwithstanding 
the  expenditure  may  have  been  ordered  by  the  said  board  of  commis- 
sioners, unless  an  appropriation  therefor  shall  have  been  previously 
made  by  said  board  in  manner  aforesaid :  Provided,  however,  that  noth- 
ing herein  contained  shall  prevent  the  board  of  commissioners,  by  a 
concurring  vote  of  four-fifths  of  all  the  commissioners    (said  votes  to 


384  COUNTIES, 


be  taken  by  yeas  and  nays  and  entered  upon  the  journal),  from  making 
any  expenditure  or  incurring  any  liability  rendered  necessary,  by  any 
unforseen  casualty  by  fire,  flood  or  otherwise,  happening  after  the  an- 
nual appropriation  bill  shall  have  been  passed  or  adopted.  Nor  shall 
anything  herein  contained  be  construed  to  deprive  the  board  of  power 
to  provide  for  and  cause  to  be  paid  from  the  county  funds  any  charge 
upon  said  county  imposed  by  law,  without  the  action  of  the  board  of 
commissioners,  including  fixed  salaries  of  officers  required  by  law  to  be 
paid  from  the  county  treasury,  and  to  pay  jurors'  fees  and  other  charges 
fixed  by  law;  And,  provided,  further,  that  said  board  of  commissioners 
may  at  any  time  up  to  and  including  June  30,  1919,  of  the  fiscal  year 
commencing  on  the  first  Monday  of  December  A.  D.  1918  and  ending 
on  the  Saturday  immediately  preceding  the  first  Monday  of  December, 
A.  D.  1919,  pass  additional  or  supplemental  appropriation  bills  or  reso- 
lutions making  additional  appropriations  which  may  relate  back  to  the 
commencement  of  said  fiscal  year  and  be  additional  or  supplemental  to 
any  item  or  items  in  the  annual  appropriation  bill  for  said  fiscal  year.  Any 
such  additional  or  supplemental  appropriation  bills  or  resolutions  shall 
not  take  effect  until  they  shall  have  been  once  published  in  a  newspaper 
published  in  Chicago,  and  said  board  of  commissioners  shall  provide  for 
and  cause  said  additional  or  supplemental  appropriation  bills  or  reso- 
lutions to  be  published  as  aforesaid.  Any  appropriations  contained  in 
said  additional  or  supplemental  appropriation  bills  or  resolutions  may 
be  included  in  the  general  tax  levy  for  the  calendar  year  A.  D.  1919,  or 
a  subsequent  separate  tax  levy  or  levies,  may  be  made  therefor. 

Seventh — The  board  of  commissioners  shall  establish  and  provide 
for  the  appointment  of  a  committee  on  finance  and  a  committee  on 
public  service.  There  shall  be  a  superintendent  of  public  service,  to  be 
appointed  by  the  president,  by  and  with  the  consent  of  the  board  of 
commissioners,  who  shall  hold  his  office  for  one  year  and  until  his  suc- 
cessor is  appointed.  He  may  be  suspended  or  removed  by  the  president. 
He  shall  give  a  sufficient  bond  for  the  performance  of  his  duties  and  be 
subject  to  the  oversight  and  supervision  of  the  committee  on  the  public 
service.  It  shall  be  the  duty  of  the  superintendent,  under  authority 
of  the  board  of  commissioners,  to  purchase,  receive  and  distribute  all 
supplies  necessary  for  the  use  and  service  of  Cook  County  and  its  various 
institutions,  of  whatever  nature,  including  all  supplies  necessary  for 
dieting  the  prisoners  confined  in  the  jail  of  said  county,  and,  to  keep, 
on  and  after  the  first  Monday  in  December,  1910,  accurate  accounts  of 
and  vouchers  for  the  same,  which  shall  be  open  to  the  inspection  of  the 
president  and  the  committee  on  public  service  and  to  the  public.  He 
shall  also  perform  all  other  duties  relative  to  the  public  service  which 
may  be  assigned  to  him  by  the  board  of  commissioners,  who  shall  make 
and  maintain  regulations  for  the  conduct  and  government  of  the  depart- 
ment of  public  service  not  inconsistent  with  this  Act. 

Eighth — All  contracts  for  supplies,  material  and  work  for  the 
county  of  Cook  shall  be  let  to  the  lowest  responsible  bidder,  after  due 
advertisement;  but  if,  in  case  of  any  emergency,  it  is  necessary  to 
purchase  supplies  not  exceeding  in  amount  $500,  such  purchase  may 


COUNTIES.  385 


be  made  by  the  superintendent  in  the  open  market,  on  authority  given 
to  him  by  the  board  of  commissioners  or  the  committee  on  public 
service.  All  contracts  for  supplies,  material  or  work  for  Gook  County 
shall  be  approved  by  the  board  of  commissioners  and  signed  by  the 
president  of  the  board,  the  superintendent  of  public  service  and  the 
comptroller.  Supplies  shall  be  issued  only  on  the  requisitions  of  the  re- 
sponsible officers  of  the  county  institutions  now  or  hereafter  established 
by  law,  approved  by  the  committee  on  public  service. 

Ninth — All  officers  and  employes  of  the  county  of  Cook,  in  the 
classification  hereinafter  provided  for,  except  those  enumerated  in  para- 
graph twentieth  of  this  section,  shall  be  appointed  by  the  president  of 
the  board,  according  to  the  provisions  of  this  section.  The  salaries  or 
rate  of  compensation  of  all  officers  and  employes  of  said  county,  when 
not  otherwise  provided  by  law,  shall  be  fixed  by  the  board  of  commis- 
sioners and  shall  be  fixed  prior  to  the  adoption  of  the  annual  appropria- 
tion, and  shall  not  be  changed  during  the  year  for  which  the  appropriation 
is  made.  The  board  of  commissioners  shall  also  determine  whether  any 
or  what  amount  of  bond  any  officer  or  employe  shall  give. 

Tenth — Civil  sekvice  commission.]  The  president  of  the  county 
board  shall,  at  the  first  regular  meeting  of  the  first  day  after  July, 
A.  D.  1895,  appoint  three  persons,  who  shall  constitute  and  be  known 
as  the  civil  service  commission  of  said  county;  one  for  a  term  ending  on 
the  first  Monday  of  December,  A.  D.  1895 ;  one  for  a  term  ending  on  the 
first  Monday  of  December,  A.  D.  1896 ;  and  one  ending  on  the  first 
Monday  of  December,  A.  D.  1897,  and  until  their  respective  successors 
are  appointed  and  qualified.  And  at  the  respective  dates  above  named, 
or  soon  thereafter,  the  president  .shall  in  like  manner  appoint  one  person 
as  the  successor,  or  a  commission,  whose  term  shall  then  expire,  to  serve 
as  a  commissioner  for  three  years,  and  until  his  successor  is  in  like 
manner  appointed  and  qualified.  Two  commissioners  shall  constitute  a 
quorum.  All  appointments  to  such  commission,  both  original  and  to  fil] 
vacancies,  shall  be  so  made  that  not  more  than  two  members  shall  at  the 
time  of  appointment  be  members  of  the  same  political  party.  Said 
commissioner,  shall  hold  no  other  lucrative  office  or  employment  under 
the  United  States,  the  State  of  Illinois,  or  any  municipal  corporation 
or  political  division  thereof.  Each  commissioner,  before  entering  upon 
the  duties  of  his  office,  shall  take  the  oath  prescribed  by  the  Constitu- 
tion of  this  State. 

Eleventh — Removal  of  commissioners — vacancy.]  The  presi- 
dent may,  in  his  discretion,  remove  any  commissioner  for  incompetence, 
neglect  of  duty  or  malfeasance  in  office.  The  president  shall,  at  the  next 
regular  meeting,  report  in  writing  any  such  removal  to  the  board,  with 
his  reasons  therefor.  Any  vacancy  in  the  office  of  civil  service  commis- 
sioner shall  be  filled  by  appointment  by  the  president. 

Twelfth — Classification.]  Said  commissioners  shall  classify  all 
the  offices  and  places  of  employment  in  said  county  with  reference  to  the 
examinations  hereinafter  provided  for,  except  those  offices  and  places 
mentioned  in  the  twentieth  paragraph  in  this  section.     The  offices  and 

—25  L 


38G  COUNTIES. 


places  so  classified  by  the  commission  shall  constitute  the  classified  civil 
service  of  said  county,  and  no  appointments  to  any  such  office  or  places 
or  removals  therefrom  shall  be  made,  except  under  and  according  to  the 
rules  hereinafter  mentioned. 

Thirteenth — Eules.]  Said  commission  shall  make  rules  to  carry 
out  the  purposes  of  this  Act,  and  for  examinations,  appointments  and 
removals  in  accordance  with  its  provisions,  and  the  commission  may, 
from  time  to  time,  make  changes  in  the  original  rules. 

Fourteenth — Publication  of  rules — time  of  taking  effect.] 
All  rules  made  as  hereinbefore  provided,  and  all  changes  therein,  shall 
forthwith  be  printed  for  distribution  by  said  commission;  and  the  com- 
mission shall  give  notice  of  the  place  or  places  where  said  rules  may  be 
obtained,  by  publication  in  one  or  more  daily  newspaper  published  in 
such  county;  and  in  each  such  publication  shall  be  specified  the  date, 
not  less  than  ten  days  subsequent  to  the  date  of  such  publication,  when 
said  rules  shall  go  into  operation. 

Fifteenth — Examination.]  All  applicants  for  offices  or  places  in 
said  classified  service,  except  those  mentioned  in  the  twentieth  paragraph 
of  this  section,  shall  be  subjected  to  examination,  which  shall  be  public, 
competitive  and  free  to  all  citizens  of  the  United  States,  with  specified 
limitations  as  to  residence,  age,  health,  habits  and  moral  character.  Such 
examinations  shall  be  practical  in  their  character  and  shall  relate  to 
those  matters  which  will  fairly  test  the  relative  capacity  of  the  persons 
examined  to  discharge  the  duties  of  the  positions  to  which  they  seek  to 
be  appointed,  and  shall  include  tests  of  physical  qualifications  and 
health,  and  when  appropriate,  of  manual  skill.  No  questions  in  any 
examination  shall  relate  to  political  or  religious  opinion  or  affiliations. 
The  commission  shall  control  all  examinations  and  may,  when  an  exam- 
ination is  to  take  place,  designate  a  suitable  number  of  persons,  either 
in  or  not  in  the  official  service  of  said  county,  to  be  examiners;  and  it 
shall  be  the  duty  of  such  examiners,  and,  if  in  the  official  service,  it  shall 
be  a  part  of  their  official  duty,  without  extra  compensation,  to  conduct 
such  examination  as  the  commission  may  direct,  and  make  return  or 
report  thereof  to  said  commission ;  and  the  commission  may  at  any  time 
substitute  any  other  person,  whether  or  not  in  such  service,  in  the  place 
of  any  one  selected;  and  the  commission  may  themselves,  at  any  time, 
act  as  such  examiners,  and  without  appointing  examiners.  The  exam- 
iners at  any  examination  shall  not  all  be  members  of  the  same  political 
party. 

Sixteenth — Notice  of  examination.]  Notice  of  the  time  and 
place  and  general  scope  of  every  examination  shall  be  given  by  the  com- 
mission by  publication  for  two  weeks  preceding  such  examination,  in  a 
daily  newspaper  of  general  circulation  published  in  said  county,  and 
such  notice  shall  also  be  posted  by  said  commission  in  a  conspicuous 
place  in  their  office  for  two  weeks  before  such  examination.  Such  fur- 
ther notice  of  examination  may  be  given  as  the  commission  shall 
prescribe. 

Seventeenth — Registers.]  From  the  returns  or  reports  of  the  ex- 
aminers, or  from  the  examinations  made  by  the  commission,  the  com- 


COUNTIES.  387 


mission  shall  prepare  a  register  for  each  grade  or  class  of  positions  in 
the  classified  service  of  said  county,  of  the  person  whose  general  average 
standing  upon  examination  for  such  grade  or  class  is  not  less  than  the 
minimum  fixed  by  the  rules  of  such  commission,  and  who  are  otherwise 
eligible;  and  such  persons  shall  take  rank  upon  the  registers  as  candi- 
dates in  the  order  of  their  relative  excellence,  as  determined  by  examina- 
tion, without  reference  to  priority  of  time  of  examination.  Said 
commission  may  strike  off  names  of  candidates  from  the  register  after 
they  have  remained  thereon  for  more  than  two  years. 

Eighteenth — Promotions.]  The  commission  shall,  by  its  rules, 
provide  for  promotion  in  such  classified  service,  on  the  basis  of  ascer- 
tained merit,  examination  and  seniority  in  service,  and  shall  provide,  in 
all  cases  where  it  is  practicable,  that  vacancies  shall  be  filled  by  promo- 
tion. All  examinations  for  promotion  shall  be  competitive  among  such 
members  of  the  next  lower  rank  as  desire  to  submit  themselves  to  such 
examination;  and  it  shall  be  the  duty  of  the  commission  to  submit  to 
the  appointing  power  the  names  of  not  more  than  three  applicants  for 
each  promotion  having  the  highest  rating.  The  method  of  examination 
and  the  rules  governing  the  same,  and  the  method  of  certifying  shall 
be  the  same  as  provided  for  applicants  for  original  appointment. 

Nineteenth — Appointments  to  classified  service.]  The  head  of 
the  institution,  department  or  office  in  which  a  position  classified  under 
this  Act  is  to  be  filled,  shall  notify  the  president  of  the  board  and  said 
commission  of  that  fact,  and  said  commission  shall  certify  to  the  ap- 
pointing officer  the  name  and  address  of  the  candidate  standing  highest 
upon  the  register  for  the  class  or  grade  said  position  belongs  to,  except 
that  in  case  of  laborers,  where  a  choice  by  competition  is  impracticable, 
said  commission  may  provide  by  its  rules  that  the  selection  may  be  made 
by  lot  from  among  those  candidates  proved  fit  by  examination.  In 
making  such  certification,  sex  shall  be  disregarded,  except  when  some 
statute,  the  rules  of  said  commission  or  the  appointing  power  specifies 
sex.  Said  appointing  officer,  meaning  thereby  the  president  of  said 
board,  shall  notify  said  commission  of  each  position  to  be  filled 
separately,  and  shall  fill  such  place  by  the  appointment  of  the  person 
certified  by  said  commission  therefor,  which  appointment  shall  be  on 
probation  for  a  period  to  be  fixed  by  said  rules.  At  or  before  the  expira- 
tion of  the  period  of  probation,  the  officer  having  the  power  of  appoint- 
ment may,  with  the  consent  of  said  commission,  discharge  such  person 
so  appointed  on  probation,  upon  assigning  in  writing  to  said  commission 
his  reasons  therefor. 

Twentieth — Exemptions.]  The  president  of  the  board  of  commis- 
sioners of  Cook  County  shall,  with  the  advise  and  consent  of  the  board, 
appoint  the  warden  of  the  county  hospital,  the  superintendent  of  the 
insane  asylum  and  poor  house,  the  county  agent,  the  county  physician, 
the  custodians  of  court  house  and  criminal  court  building,  the  county 
attorney,  the  county  architect,  the  committee  clerk  of  the  county  board, 
and  the  said  officers  and  the  superintendent  of  public  service  shall  not  be 
included  in  the  said  classified  service. 


3S8  COUNTIES. 


Twenty-first — Removals  and  eeductions.]  Removals  from  the 
classified  service,  or  reduction  in  grade  of  compensation,  or  both,  may- 
be made  in  any  department  of  the  service  by  the  head  of  such  depart- 
ment, for  any  cause  which  will  promote  the  efficiency  of  the  service; 
but  only  on  written  specifications  by  the  officer  making  the  removal  or 
reduction;  and  the  person  sought  to  be  removed  or  reduced  shall  have 
notice  and  shall  be  served  with  a  copy  of  the  specifications  and  be 
allowed  reasonable  time  for  answering  the  same  in  writing;  and  a  copy 
of  the  notice,  specifications,  answer  and  of  the  order  of  removal  or 
reduction  shall  be  filed  with  the  civil  service  commission.  The  said 
commission  shall  investigate  any  removal  or  reduction  which  it  has 
reason  to  believe  has  not  been  made  in  accordance  with  the  provisions  of 
this  section;  and  it  may  in  any  case  investigate  any  removal  or  reduc- 
tion, and  then  in  accordance  Avith  its  findings,  approve  or  disprove 
[disapprove]  the  same.  The  finding  and  decision  of  the  said  commission 
shall  in  every  case  be  final,  and  shall  be  certified  to  the  appointing  officer, 
and  shall  be  forthwith  enforced  by  such  officer.  A  copy  of  said  papers  in 
each  case  shall  be  made  a  part  of  the  record  of  the  division  of  the  service 
in  which  the  removal  or  reduction  is  made.  Nothing  in  this  Act  shall 
limit  the  power  of  any  officer  to  suspend  a  subordinate,  without  pay,  for 
cause  assigned  in  writing,  for  a  reasonable  period,  not  exceeding  thirty 
days.  In  the  course  of  an  investigation  of  charges,  each  member  of  the 
civil  service  commission  shall  have  the  power  to  administer  oaths,  and 
shall  have  the  power  to  secure  by  its  subpoena,  both  the  attendance  and 
testimony  of  witnesses,  and  the  production  of  books  and  papers  relevant 
to  such  investigation. 

Twenty-second — Report  to  commission.]  Immediate  notice  in 
writing  shall  be  given  by  the  appointing  power  to  said  commission  of  all 
appointments,  permanent  or  temporary,  made  in  such  classified  civil 
service,  and  all  transfers,  promotions,  resignations  or  vacancies  from  any 
cause  in  such  service  and  of  the  date  thereof;  and  a  record  of  the  same 
shall  be  kept  by  said  commission.  When  any  office  or  place  of  employ- 
ment is  created  or  abolished,  or  the  compensation  attached  thereto 
altered,  the  officer  or  board  making  such  change  shall  immediately 
report  it  in  writing  to  said  commission. 

Twenty-third — Investigation.]  The  commission  shall  investigate 
the  enforcement  of  this  Act  and  its  rules,  and  the  action  of  examiners 
herein  provided  for  and  the  conduct  and  action  of  the  appointees  in  the 
classified  civil  service  in  said  county.  In  the  course  of  such  investigation 
each  commissioner  shall  have  power  to  administer  oaths,  and  said  com- 
mission 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  investigations. 

Twenty-fourth — Retort  or  commission.]  Said  commission  shall 
on  or  before  the  first  Monday  of  September  of  each  year  make  to  the  presi- 
dent for  transmission  to  the  board  of  commissioners  a  report  showing  its 
own  action,  the  rules  in  force,  the  practical  effects  thereof,  and  any  sug- 
gestions it  may  approve  for  the  more  effectual  accomplishment  of  the 
purposes  of  this  Act.  The  president  may  require  a  report  from  said 
commission  at  any  time. 


COUNTIES.  389 


Twenty-fifth — The  civil  service  commission  shall  select  one  of  their 
own  number  to  act  as  chairman  and  one  as  secretary.  The  secretary 
shall  keep  the  minutes  of  its  proceedings,  preserve  all  reports  made  to  it, 
keep  a  record  of  all  examinations  held  under  its  direction  and  perform 
such  other  duties  as  the  commission  shall  require. 

Twenty-sixth — Officers  to  aid-rooms.]  All  officers  of  said  county 
shall  aid  said  commission  in  all  proper  ways  in  carrying  out  the  pro- 
visions of  this  Act,  and  at  any  place  where  examinations  are  to  be  held 
shall  allow  the  reasonable  use  of  public  buildings  for  holding  such  ex- 
aminations. The  board  of  county  commissioners  shall  cause  suitable 
rooms  to  be  provided  for  said  commission  at  the  expense  of  said  county. 

Twenty-seventh — Salaries  and  expenses.]  Each  of  said  civil 
service  commissioners  shall  receive  a  salary  of  fifteen  hundred  dollars  a 
year,  and  said  commission  may  also  incur  expenses  not  exceeding  five 
hundred  dollars  a  year  for  printing,  stationary  and  other  incidental 
matters. 

Twenty-eighth — Appropriations.]  A  sufficient  sum  of  money  shall 
be  appropriated  each  year  by  said  board  to  carry  out  the  provisions  of 
this  Act  in  said  county.  If  the  board  shall  have  already  made  the 
annual  appropriation  for  county  purposes  for  the  current  fiscal  year, 
the  board  is  authorized  and  required  to  pay  the  salaries  and  expenses  of 
the  civil  service  commission  for  such  fiscal  year  out  of  the  moneys  appro- 
priated for  contingent  purposes  by  said  board. 

Twenty-ninth — Frauds  prohibited.]  No  person  or  officer  shall 
wilfully  or  corruptly  by  himself  or  [in]  cooperation  with  any  one  or 
more  other  persons,  defeat,  deceive  or  obstruct  any  person  in  respect 
to  his  or  her  right  of  examination,  or  corruptly  or  falsely  mark,  grade, 
estimate  or  report  upon  the  examination  or  proper  standing  of  any 
person  examined  hereunder,  or  aid  in  so  doing,  or  wilfully  or  corruptly 
make  any  false  representation  concerning  the  same  or  concerning  the 
person  examined,  or  wilfully  or  corruptly  furnish  to  any  person  any 
special  or  secret  information  for  the  purpose  of  improving  or  injuring 
the  prospects  or  chances  of  any  person  so  examined  or  to  be  examined 
being  employed  or  promoted. 

Thirtieth — No  officer  to  solicit  or  receive  political  contri- 
butions.] No  officer  or  employe  in  the  classified  civil  service  of  said 
county  or  named  in  the  twentieth  paragraph  of  this  section,  shall  solicit, 
orally  or  by  letter,  or  receive  or  pay,  or  be  in  any  manner  concerned  in 
soliciting,  receiving  or  paying  any  assessments,  subscriptions  or  con- 
tributions for  any  party  or  political  purposes  whatever. 

Thirty-first — No  person  to  solicit  political  contributions  from 
officers  or  employes.]  No  person  shall  solicit  orally  or  by  letter,  or 
be  in  any  manner  concerned  in  soliciting  any  assessment,  contribution 
or  payment,  for  any  party  or  for  any  political  purpose  whatever,  from 
any  officer  or  employe  in  the  classified  civil  service  of  said  county  or 
named  in  the  twentieth  paragraph  of  this  section. 

Thirty-second — Assessments  and.  contributions  in  public 
offices  forbidden.]  No  person  shall  in  any  room  or  building  occu- 
pied for  the  discharge  of  official  duties  by  any  officer  or  employe  in  the 
classified  civil  service  of  said  county,  or  named  in  the  twentieth  para- 


390  COUNTIES. 


graph  of  this  section,  solicit,  orally  or  by  written  communication,  deliver 
therein  or  in  any  other  manner,  or  receive  any  contribution  of  money  or 
other  thing  of  value,  for  any  party  or  political  purpose  whatever.  No 
officer,  agent,  clerk  or  employe  in  the  classified  civil  service  of  said 
county  or  named  in  the  twentieth  paragraph  of  this  section,  who  may 
have  charge  or  control  of  any  building,  office  or  room,  occupied  for  any 
purpose  of  said  government,  shall  permit  any  person  to  enter  the  same, 
for  the  purpose  of  therein  soliciting  or  delivering  written  solicitations 
for,  or  receiving  or  giving  notice  of  any  political  assessments. 

Thirty-third — Payments  of  political  assessment  to  public 
officers  prohibited.]  No  officer  or  employe  in  the  classified  civil 
service  of  said  county  or  named  in  the  twentieth  paragraph  of  this 
section  shall,  directly  or.  indirectly,  give  or  hand  over  to  any  officer  or 
employe  or  to  any  senator  or  representative  or  alderman,  councilman  or 
commissioner,  any  money  or  other  valuable  thing  on  account  of  or  to  be 
applied  to  the  promotion  of  any  party  or  political  object  whatever. 

Thirty-fourth — Abuse  of  political  influence  prohibited.]  No 
officer  or  employe  in  said  classified  service  or  named  in  the  twentieth 
paragraph  of  this  section  shall  discharge  or  degrade  or  promote,  or  in 
any  manner  change  the  official  rank  or  compensation  of  any  other  officer 
or  employe,  or  promise  or  threaten  to  do  so,  for  giving  or  withholding  or 
neglecting  to  make  any  contribution  of  money  or  other  valuable  thing 
for  any  party  or  political  purpose,  or  for  refusal  or  neglect  to  render 
any  party  or  political  service. 

Thirty-fifth — Payment  for  place  prohibited.]  No  applicant  for 
appointment  in  said  classified  civil  service,  or  to  a  position  named  in 
the  twentieth  paragraph  in  this  section,  either  directly  or  indirectly, 
shall  pay,  or  promise  to  pay  any  money  or  other  valuable  thing  to  any 
person  whatever  for  or  on  account  of  his  appointment,  or  proposed 
appointment,  and  no  officer  or  employe  in  said  civil  service  or  named 
in  said  paragraph  shall  pay  or  promise  to  pay,  either  directly  or  in- 
directly, any  person  any  money  or  other  valuable  thing  whatever  for  or 
on  account  of  his  promotion. 

Thirty-sixth — Eecommendation  in  consideration  of  political 
service  prohibited.]  No  applicant  for  appointment  or  promotion  in 
classified  civil  service  shall  ask  for  or  receive  a  recommendation  for 
assistance  from  any  officer  or  employe  in  said  service,  or  of  any  person 
upon  the  consideration  of  any  political  service  to  be  rendered  to  or  for 
such  person  or  for  the  promotion  of  such  person  to  any  office  or  employ- 
ment (appointment.) 

Thirty-seventh — Auditing  officer.]  No  accounting  or  auditing 
officer  shall  allow  the  claim  of  any  public  officer  for  services  of  any 
deputy  or  other  person  employed  in  the  public  service  in  violation  of  the 
provisions  of  this  Act. 

Thirty-eighth — Appointments  and  removals  to  be  certified  to 
the  comptroller.]  The  commission  shall  certify  to  the  county  clerk 
or  other  auditing  officers,  all  appointments  to  offices  and  places  in  the 
classified  civil  service,  and  all  vacancies  occurring  therein,  whether  by 
dismissal,  resignation  or  death,  and  all  findings  made  or  approved  by 


COUNTIES.  391 


the  commission  under  the  provisions  of  the  twenty-first  paragraph  of 
this  section,  that  a  person  shall  be  discharged  from  the  classified  service. 

Thirty-ninth — Comptroller  to  pay  salaries,  only  after  certi- 
fication.] No  county  clerk,  comptroller  or  other  auditing  office 
[officer]  of  said  county  shall  approve  the  payment  of,  or  be  in  any  man- 
ner concerned  in  paying  any  salary  or  wages  to  any  person  for  services 
as  an  officer  or  employe  of  said  county  unless  such  person  is  occupying 
an  office  or  place  of  employment  according  to  the  provisions  of  law 
and  is  entitled  to  payment  therefor. 

Fortieth — Compelling  testimony  of  witnesses — production  of 
books  and  papers.]  Any  person  who  shall  be  served  with  a  subpoena 
to  appear  and  testify,  or  to  produce  books  and  papers,  issued  by  the 
commission  or  by  any  commissions  [commissioners]  or  by  any  board  or 
person  acting  under  the  orders  of  the  commission  in  the  course  of  an 
investigation  conducted  either  under  the  provisions  of  the  twenty-first 
or  twenty-third  paragraph  of  this  section,  and  who  shall  refuse  or 
neglect  to  appear  or  testify,  or  to  produce  books  and  papers  relevant  to 
said  investigation  as  commanded  in  such  subpoena,  shall  be  guilty  of  a 
misdemeanor,  and  shall,  on  conviction,  be  punished  as  provided  in  the 
forty-first  paragraph  of  this  section.  The  fees  of  witnesses  for  attend- 
ance and  travel  shall  be  the  same  as  the  fees  of  witnesses  before  the 
circuit  courts,  and  shall  be  paid  from  the  appropriation  for  the  expenses 
of  the  commission.  And  any  circuit  court  or  any  judge  thereof,  either 
in  term  time  or  vacation,  upon  application  of  any  such  commission 
[commissioner]  or  officer  or  board  may,  in  his  discretion,  compel  the 
attendance  of  witnesses,  the  production  of  books  and  papers,  and  giving 
of  testimony  before  the  commission,  or  before  any  such  commissioner, 
investigating  board  or  officer  by  attachment  for  contempt  or  otherwise 
in  the  same  manner  as  the  production  of  evidence  may  be  compelled 
before  said  court.  Every  person  who,  having  taken  an  oath  or  made 
affirmation  before  a  commissioner  or  officer  appointed  by  the  commission 
authorized  to  administer  oaths,  shall  swear  or  affirm  wilfully,  corruptly 
and  falsely,  shall  be  guilty  of  perjury  and  upon  conviction  shall  be 
punished  accordingly. 

Forty-first — Penalties.]  Any  person  who  shall  wilfully,  or. 
through' culpable  negligence  violate  any  of  the  provisions  of  this  Act  or 
any  rule  promulgated  in  accordance  with  the  provisions  thereof  shall  be 
guilty  of  a  misdemeanor  and  shall,  on  conviction  thereof  be  punished 
by  a  fine  of  not  less  than  fifty  dollars  and  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  term  not  exceeding 
six  months,  or  by  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court. 

Forty-second — Penalties,  disqualification  to  hold  office.] 
If  any  person  shall  be  convicted  under  the  next  preceding  section,  any 
public  office  or  place  of  public  employment,  which  such  person  may 
hold  shall,  by  force  of  such  conviction,  be  rendered  vacant,  and  such 
person  shall  be  incapable  of  holding  any  office  or  place  of  public  em- 
ployment for  the  period  of  five  years  from  the  date  of  such  conviction. 


392  COUNTIES. 


Forty-third — What  officers  to  prosecute.]  Prosecutions  for 
violations  of  this  Act  may  be  instituted  by  the  Attorney  General,  the 
State's  attorney  for  the  county  in  which  the  offence  is  alleged  to  have 
been  committed,  or  by  the  commission  acting  through  special  counsel. 
Such  suits  shall  be  conducted  and  controlled  by  the  prosecuting  officers 
who  instituted  them,  unless  they  request  the  aid  of  other  prosecuting 
officers. 

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

Approved  June  23,  1919. 


COMMISSIONERS. 

§   1.     Amends  section  61,  Act  of  1874.  §   61.     Duties     and     powers     of 

commissioners,    etc. 

(Senate  Bill  No.  506.     Approved  June  28,  1919.) 

An  Act  to  amend  section  61  of  an  Act  entitled:  "An  Act  to  revise  the 
law  in  relation  to  counties,"  approved  and  in  force  March  31,  1874) 
as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  61  of  an  Act  entitled: 
"An  Act  to  revise  the  law  in  relation  to  counties,"  approved  and  in 
force  March  31,  1874,  as  amended,  is  amended  to  read  as  follows : 

§  61.  The  said  commissioners  shall  severally,  before  they  enter 
upon  the  discharge  of  their  duties,  take  the  oath  of  office  prescribed 
by  the  constitution,  and  they  shall  be  known  as  the  board,  of  commis- 
sioners of  Cook  County,  and  as  such  board  shall  possess  the  powers, 
perform  the  duties  and  be  subject  to  the  rules,  regulations  and  restric- 
tions hereinafter  specified,  that  is  to  say: 

First — Said  board  of  commissioners  shall  hold  regular  meetings 
on  the  first  Monday  of  December,  January,  February,  March,  June  and 
September  in  each  year.  It  shall  be  the  duty  of  the  president  of  the 
board  of  commissioners  to  call  special  meetings  of  the  board  whenever, 
in  his  opinion,  the  same  may  be  necessary;  and  he  shall  preside  at  all 
the  meetings  of  said  board,  and  generally  perform  the  duties  usually 
performed  by  a  presiding  officer:  Provided,  that  in  the  absence  of  the 
president,  or  of  his  inability  to  act,  a  president  pro  tempore  may  be 
elected,  who  shall,  during  such  absence  or  inability,  possess  all  the  pow- 
ers and  perform  all  the  duties  by  law  vested  in  and  required  of  the 
president. 

Second — The  president  of  the  board  of  commissioners  shall  have 
the  same  privilege  of  voting  as  any  other  commissioner;  but  he  shall 
not  have  a  casting  vote  upon  any  question  upon  which  he  has  voted 
as  commissioner. 

Third — All  resolutions  or  motions  whereby  any  money  shall  be  ap- 
propriated, or  by  virtue  of  which  any  contract  shall  be  made,  or  any 
act  done  which  may,  directly  or  indirectly,  or  in  any  manner  whatever, 
create  any  pecuniary  liability  on  the  part  of  said  county,  'shall  be  sub- 
mitted to  said  board  of  commissioners  in  writing,  or  reduced  to  writ- 
ing before  any  vote  shall  be  taken  thereon ;  and  if  adopted  by  the  board, 


COUNTIES.  393 


the  same  shall  not  take  effect  until  after  the  same  shall  have  been  ap- 
proved in  writing  by  the  president  of  said  board,  except  as  hereinafter 
provided.  It  shall  be  the  duty  of  the  clerk  of  said  board  to  deliver 
to  the  president  thereof,  upon  his  request,  the  original  (or  a  copy)  of 
each  resolution  or  motion,  so  passed  or  adopted  by  said  board  as  afore- 
said, within  one  day  after  its  passage  or  adoption;  and  in  case  the 
president  approves  thereof,  he  shall  sign  the  same,  and  it  shall  there- 
upon be  in  full  force  and  effect.  In  case  the  president  shall  not  ap- 
prove any  such  resolution  or  motion,  he  shall,  within  five  days  after 
the  receipt  of  the  same  as  aforesaid,  return  it  to  the  clerk  of  said  board, 
with  his  objections  thereto  in  writing.  Such  veto  by  the  president  may 
extend  to  any  one  or  more  items  or  appropriations  contained  in  any 
resolution  making  an  appropriation,  or  to  the  entire  resolution;  and 
in  case  the  veto  only  extends  to  a  part  of  such  resolution  making  an 
appropriation,  the  residue  thereof  not  embraced  within  the  veto  shall 
take  effect  and  be  in  force  from  the  time  of  the  receipt  by  said  clerk 
of  such  veto  of  such  part.  Upon  the  return  of  any  such  resolution  or 
motion  by  the  president,  with  his  objections  thereto  as  aforesaid,  the 
vote  by  which  the  same  was  passed  shall  be  reconsidered  by  the  board 
of  commissioners  as  to  so  much  thereof  as  may  have  been  vetoed;  and 
if,  after  such  reconsideration,  four-fifths  of  all  the  members  elected  to 
the  board  shall  agree  to  pass  the  same  by  yeas  and  nays,  to  be  entered 
on  the  journal,  the  same  shall  take  effect,  notwithstanding  the  presi- 
dent may  have  refused  to  approve  thereof.  In  case  the  president  shall 
fail  or  omit  to  either  sign  and  approve  or  return,  with  his  objections 
as  aforesaid,  any  such-  motion  or  resolution  which  shall  have  been 
passed  or  adopted  by  the  board  within  six  days  after  it  shall  have  been 
so  passed  or  adopted,  the  same  shall  take  effect  without  the  approval 
of  the  president. 

Fourth — Said  board  of  commissioners  shall  have  the  management 
of  the  affairs  of  said  Cook  County,  in  the  manner  provided  by  law,  and 
may  exercise  the  same  powers,  perform  the  same  duties,  and  shall  be 
subject  to  the  same  rules,  regulations  and  penalties  prescribed  by  law 
for  the  board  of  supervisors  in  other  counties,  except  as  herein  other- 
wise provided;  and  shall  also  be  subject  to  the  rules,  regulations  and 
restrictions  herein  provided. 

Fifth — The  said  board  of  commissioners  shall  have  no  power  or 
authority  to  delegate  to  any  committee  or  other  person  or  persons  the 
"power  to  act,"  when  such  "power  to  act"  shall  involve  the  letting  of 
any  contract  or  the  expenditure  of  public  money  exceeding  the  sum  of 
five  hundred  dollars  ($500)  ;  and  any  action  of  said  board,  or  of  any 
committee  thereof,  or  of  any  other  person  or  persons  in  violation  of 
this  section,  .shall  be  null  and  void.  No  money  shall  be  appropriated 
or  ordered  paid  by  said  county  commissioners  beyond  the  sum  of  five 
hundred  dollars  ($500),  unless  such  appropriation  shall  have  been 
authorized  by  a  vote  of  at  least  two-thirds  of  the  members  elected  to 
the  said  county  board.  And  no  officer  of  Cook  County,  or  other  per- 
son, shall  incur  any  indebtedness  on  behalf  of  the  county,  unless  first 
authorized  by  said  board  of  commissioners. 


394  COUNTIES. 


Sixth — Said  board  of  commissioners  shall,  within  the  first  quarter 
of  each  fiscal  year  adopt  a  resolution,  to  be  termed  the  annual  appropri- 
ations bill,  in  and  by  which  resolution  said  board  shall  appropriate  such 
sums  of  money  as  may  be  necessary  to  defray  all  necessary  expenses  and 
liabilities  of  said  Cook  County,  to  be  by  said  county  paid  or  incurred 
during  and  until  the  time  of  the  adoption  of  the  next  annual  appropria- 
tion bill  under  this  section :  Provided,  that  said  board  shall  not  expend 
any  money  or  incur  any  indebtedness  or  liability  on  behalf  of  said 
county  in  excess  of  the  percentage  and  several  amounts  now  limited  by 
law,  and  based  on  the  limit  prescribed  in  the  constitution,  when  ap- 
plied to  the  last  previous  assessment.  Said  appropriation  bill  shall 
specify  the  several  objects  and  purposes  for  which  such  appropriations 
are  made,  and  the  amount  annropriated  for  each  object  or  purpose. 
If  the  Legislature  shall  by  law  provide,  or  shall  at  any  time  appear 
to  have  by  law  provided,  for  the  publication  of  the  assessment  of  real 
or  personal  property,  or  both,  to  be  paid  for  out  of  the  county  treasury, 
then  said  board  of  commissioners  shall  in  each  year,  while  such  publi- 
cation is  required,  make  due  provision  for  the  cost  thereof  by  sufficient 
appropriation  in  such  resolution,  which  said  appropriation  shall  take 
precedence  over  all  the  other  appropriations  contained  in  such  resolu- 
tion, excepting  the  provision  for  principal  and  interest  of  county  in- 
debtedness, the  ordinary,  current  salaries  of  county  officials  and  em- 
ployes, the  maintenance  of  county  property  and  institutions  (includ- 
ing courts  and  juries),  dieting  occupants  of  the  jails,  prisons,  hospitals 
and  industrial  schools,  and  the  cost  of  elections  required  by  law.  Such 
appropriations  shall  take  precedence  of  any  appropriation  for  con- 
tingent fund  or  building  fund;  and  if  the  tax  actually  collected  in  any 
such  year  shall  be  less  than  the  total  amount  of  the  appropriations  con- 
tained in  said  resolution,  the  items  of  appropriation  following  in  such 
resolution  after  such  appropriation  for  publishing  assessments,  in  the 
order  herein  directed,  .shall  be  first  abated,  before  the  appropriation 
for  such  publication  of  tax  assessments  shall  be  reduced.  The  vote  of 
said  board  of  commissioners  upon  said  appropriation  bill  shall  be  taken 
by  yeas  and  nays,  and  the  same  shall  be  entered  upon  the  journal.  Such 
appropriation  bill  shall  not  take  effect  until  after  it  shall  have  been  once 
published  in  a  newspaper  published  in  Chicago,  and  said  board  shall 
provide  for  and  cause  said  appropriation  bill  to  be  published  as  afore- 
said. After  the  adoption  of  such  appropriation  bill  or  resolution,  the 
said  board  of  commissioners  shall  not  make  any  further  or  other  ap- 
propriations prior  to  the  adoption  or  passage  of  the  next  succeeding 
annual  appropriation  bill,  and  the  said  board  of  commissioners  shall 
have  no  power,  either  directly  or  indirectly,  to  make  any  contract  or 
to  do  any  act  which  shall  add  to  the  county  expenditure  or  liabilities 
in  any  year,  anything  or  sum  over  and  above  the  amount  provided  for 
in  the  annual  appropriation  bill  for  that  fiscal  year.  No  contract  shall 
hereafter  be  made,  or  expense  or  liabilitv  incurred  by  the  said  board 
of  commissioners,  or  any  member  or  committee  thereof,  or  by  any 
person  or  persons,  for  or  in  its  behalf,  notwithstanding  the  expenditure 
may  have  been  ordered  by  the  said  board  of  commissioners,  unless  an  ap- 
propriation therefor  shall  have  been  previously  made  by  said  board  in 


COUNTIES.  395 


manner  aforesaid :  Provided,  however,  that  nothing  herein  contained 
shall  prevent  the  board  of  commissioners,  by  a  concurring  vote  of 
four-filths  of  all  the  commissioners  (said  votes  to  be  taken  by  yeas  and 
nays  and  entered  upon  the  journal),  from  making  any  expenditure  or 
incurring  any  liability  rendered  necessary,  by  any  unforseen  casualty 
by  fire,  flood  or  otherwise,  happening  after  the  annual  appropriation 
bill  shall  have  been  passed  or  adopted.  Nor  shall  anything  herein  con- 
tained be  construed  to  deprive  the  board  of  power  to  provide  for  and 
cause  to  be  paid  from  the  county  funds  any  charge  upon  said  county 
imposed  by  law,  without  the  action  of  the  board  of  commissioners,  in- 
cluding fixed  salaries  of  officers  required  by  law  to  be  paid  from  the 
county  treasury,  and  to  pav  jurors'  fees  and  others  charges  fixed  by  law. 

Seventh — The  board  of  commissioners  shall  establish  and  provide 
for  the  appointment  of  a  committee  on  finance  and  a  committee  on 
public  service.  There  shall  be  a  superintendent  of  public  service,  to  be 
appointed  by  the  president,  by  and  with  the  consent  of  the  board  of 
commissioners,  who  shall  hold  his  office  for  one  year  and  until  his  suc- 
cessor is  appointed.  He  may  be  suspended  or  removed  by  the  presi- 
dent. He  shall  give  a  sufficient  bond  for  the  performance  of  his  duties 
and  be  subject  to  the  oversight  and  supervision  of  the  committee  on 
the  public  service.  It  shall  be  the  duty  of  the  superintendent,  under 
authority  of  the  board  of  commissioners,  to  purchase,  receive  and  dis- 
tribute all  supplies  necessary  for  the  use  and  service  of  Cook  County 
and  its  various  institutions,  of  whatever  nature,  including  all  supplies 
necessary  for  dieting  the  prisoners  confined  in  the  jail  of  said  county, 
and,  to  keep  on  and  after  the  first  Monday  in  December,  1910,  accurate 
accounts  of  and  vouchers  for  the  same,  which  shall  be  open  to  the  in- 
spection of  the  president  and  the  committee  on  public  service  and  to 
the  public.  He  shall  also  perform  all  other  duties  relative  to  the  pub- 
lic service  which  may  be  assigned  to  him  by  the  board  of  commissioners, 
who  shall  make  and  maintain  regulations  for  the  conduct  and  govern- 
ment of  the  department  of  public  service  not  inconsistent  with  this  Act. 

Eighth — All  contracts  for  supplies,  material  and  work  for  the  coun- 
ty of  Cook  shall  be  let  to  the  lowest  responsible  bidder,  after  due  ad- 
vertisement ;  but  if,  in  case  of  any  emergency,  it  is  necessary  to  purchase 
supplies,  not  exceeding  in  amount  $500,  such  purchase  may  be  made 
by  the  superintendent  in  the  open  market,  on  authority  given  to  him 
by  the  board  of  commissioners  or  the  committee  on  public  service.  All 
contracts  for  supplies,  material  or  work  for  Cook  County  shall  be  ap- 
proved by  the  board  of  commissioners  and  signed  by  the  president  of 
the  board,  the  superintendent  of  public  service  and  the  comptroller. 
Supplies  shall  be  issued  only  on  the  requisition  of  the  responsible  of- 
ficers of  the  county  institutions  now  or  hereafter  established  by  law, 
approved  by  the  committee  on  public  service. 

Ninth — All  officers  and  employes  of  the  county  of  Cook,  in  the 
classification  hereinafter  provided  for,  except  those  whose  election  or 
appointment  is  otherwise  provided  for  by  law,  and  except  those  enum- 
erated in  paragraph  twentieth  of  this  section,  shall  be  appointed  by  the 
president  of  the  board,  according  to  the  provisions  of  this  section.  The 
salaries  or  rate  of  compensation  of   all  officers   and  employes   of  said 


396  COUNTIES. 


county,  when  not  otherwise  provided  by  law,  shall  be  fixed  by  the  board 
of  commissioners  and  shall  be  fixed  prior  to  the  adoption  of  the  annual 
appropriation,  and  shall  not  be  changed  during  the  year  for  which  the 
appropriation  is  made.  The  board  of  commissioners  shall  also  deter- 
mine whether  any  or  what  amount  of  bond  any  officer  or  employe  shall 
give. 

Tenth — Civil  sekvice  commission].  The  president  of  the  county 
board  shall,  at  the  first  regular  meeting  of  the  first  day  after  July, 
A.  D.  1895,  appoint  three  persons,  who  shall  constitute  and  be  known 
as  the  civil  service  commission  of  said  county;  one  for  a  term  ending 
on  the  first  Monday  of  December,  A.  D.  1895;  one  for  a  term  ending 
on  the  first  Monday  of  December,  A.  D.  1896;  one  ending  on  the 
first  Monday  of  December,  A.  D.  1897,  and  until  their  respective  suc- 
cessors are  appointed  and  qualified.  And  at  the  respective  dates  above 
named,  or  soon  thereafter,  the  president  shall  in  like  manner  appoint 
one  person  as  the  successor,  or  a  commission,  whose  term  shall  then 
expire,  to  serve  as  a  commissioner  for  three  years,  and  until  his  suc- 
cessor is  in  like  manner  appointed  and  qualified.  'Two  commissioners 
shall  constitute  a  quorum.  All  appointments  to  such  commission,  both 
original  and  to  fill  vacancies,  shall  be  so  made  that  not  more  than  two 
members  shall  at  the  time  of  appointment  be  members  of  the  same 
political  party.  Said  commissioner  shall  hold  no  other  lucrative  office 
or  employment  under  the  United  States,  the  State  of  Illinois,  or  anv 
municipal  corporation  or  political  division  thereof.  Each  commissioner, 
before  entering  upon  the  duties  of  his  office,  shall  take  the  oath  pre- 
scribed by  the  constitution  of  this  State. 

Eleventh — Removal  of  commissioners — vacancy.]  The  presi- 
dent may,  in  his  discretion,  remove  any  commissioner  for  incompetence, 
neglect  of  duty  of  malfeasance  in  office.  The  president  shall,  at  the 
next  regular  meeting,  report  in  writing  any  such  removal  to  the  board, 
with  his  reasons  therefor.  Any  vacancy  in  the  office  of  civil  service 
commissioner  shall  be  filled  by  appointment  by  the  president. 

Twelfth — Classification.]  Said  commissioners  shall  classify  all 
the  offices  and  places  of  employment  in  said  county  with  reference  to 
the  examination  hereinafter  provided  for,  except  those  offices  and  places 
mentioned  in  the  twentieth  paragraph  in  this  section.  The  offices  and 
places  so  classified  by  the  commission  shall  constitute  the  classified  civil 
service  of  said  county,  and  no  appointments  to  any  of  such  office  or  places 
or  removals  therefrom  shall  be  made,  except  under  and  according  to 
the  rules  hereinafter  mentioned. 

Thirteenth — Rules.]  '  Said  commission  shall  make  rules  to  carry 
out  the  purposes  of  this  Act,  and  for  examinations,  appointments  and 
removals  in  accordance  with  its  provisions,  and  the  commission  may, 
from  time  to  time,  make  changes  in  the  original  rules. 

Fourteenth — Publication  of  rules — time  of  taking  effect.] 
All  rules  made  as  hereinbefore  provided,  and  all  changes  therein,  shall 
forthwith  be  printed  for  distribution  by  said  commission;  and  the  com- 
mission shall  give  notice  of  the  place  or  places  where  said  rules  may 
be  obtained,  by  publication  in  one  or  more  daily  newspapers  published 
in  such  county;  and  in  each  such  publication  shall  be  specified  the  date. 


COUNTIES.  397 


not  less  than  ten  days  subsequent  to  the  date  of  such  publication,  when 
said  rules  shall  go  into  operation. 

Fifteenth — Examination.]  All  applicants  for  offices  or  places  in 
said  classified  service,  except  those  mentioned  in  the  twentieth  para- 
graph of  this  section,  shall  be  subjected  to  examination,  which  shall  be 
public,  competitive  and  free  to  all  citizens  of  the  United  States,  with 
specified  limitations  as  to  residence,  age,  health,  habits  and  moral  char- 
acter. Such  examinations  shall  be  practical  in  their  character  and  shall 
relate  to  those  matters  which  will  fairly  test  the  relative  capacity  of  the 
persons  examined  to  discharge  the  duties  of  the  positions  to  which 
they  seek  to  be  appointed,  and  shall  include  tests  of  physical  qualifica- 
tions and  health,  and  when  appropriate,  of  manual  skill.  No  questions 
in  any  examination  shall  relate  to  political  or  religious  opinion  or  af- 
filiations. The  commission  shall  control  all  examinations  and  may, 
when  an  examination  is  to  take  place,  designate  a  suitable  number  of 
persons,  either  in  or  not  in  the  official  service  of  said  county,  to  be  ex- 
aminers; and  it  shall  be  the  duty  of  such  examiners,  and,  if 
in  the  official  service,  it  shall  be  a  part  of  their  official  duty, 
without  extra  compensation,  to  conduct  such  examination  as  the 
commission  may  direct,  and  make  return  or  report  thereof  to  said  com- 
mission; and  the  commission  may  at  any  time  substitute  any  other 
person,  whether  or  not  in  such  service,  in  the  place  of  any  one  selected; 
and  the  commission  may  themselves,  at  any  time,  act  as  such  examiners, 
and  without  appointing  examiners.  The  examiners  at  any  examination 
shall  not  all  be' members  of  the  same  political  party. 

Sixteenth — Notice  of  examination.]  Notice  of  the  time  and 
•place  and  general  scope  of  every  examination  shall  be  given  by  the 
commission  by  publication  for  two  weeks  preceding  such  examination, 
in  a  daily  newspaper  of  general  circulation  published  in  said  county, 
and  such  notice  shall  also  be  posted  by  said  commission  in  a  conspicuous 
place  in  their  office  for  two  weeks  before  such  examination.  Such  fur- 
ther notice  of  examination  may  be  given  as  the  commission  shall  pre- 
scribe. 

Seventeenth — Registers.]  From  the  returns  or  reports  of  the 
examiners,  or  from  the  examinations  made  by  the  commission,  the 
commission  shall  prepare  a  register  for  each  grade  or  class  of  positions 
in  the  classified  service  of  said  county,  of  the  person  whose  general  aver- 
age standing  upon  examination  for  such  grade  or  class  is  not  less  than 
the  minimum  fixed  by  the  rules  of  such  commission,  and  who  are  other- 
wise eligible;  and  such  persons  shall  take  rank  upon  the  registers  as 
candidates  in  the  order  of  their  relative  excellence,  as  determined  by 
examination,  without  reference  to  priority  of  time  of  examination. 
Said  commission  may  strike  off  names  of  candidates  from  the  register 
after  they  have  remained  thereon  for  more  than  two  years. 

Eighteenth — Promotions.]  The  commission  shall,  by  its  rules, 
provide  for  promotion  in  such  classified  service,  on  the  basis  of  ascer- 
tained merit,  examination  and  seniority  in  service,  and  shall  provide, 
in  all  cases  where  it  is  practicable,  that  vacancies  shall  be  filled  by  pro- 
motion. All  examinations  for  promotion  shall  .be  competitive  among 
such  members  of  the  next  lower  rank  as  desire  to  submit  themselves  to 


398  COUNTIES. 


such  examination;  and  it  shall  be  the  duty  of  the  commis- 
tion  to  submit  to  the  appointing  power  the  names  of  not  more 
than  three  applicants  for  each  promotion  having  the  highest  rating. 
The  method  of  examination  and  the  rules  governing  the  same,  and  the 
method  of  certifying  shall  be  the  same  as  provided  for  applicants  for 
original  appointment. 

Nineteenth — Appointments  to  classified  seevice.]  The  head 
of  the  institution,  department  or  office  in  which  a  position  classified 
under  this  Act  is  to  be  filled,  shall  notify  the  president  of  the  board 
and  said  commission  of  that  fact,  and  said  commission  shall  certify  to 
the  appointing  officer  the  name  and  address  of  the  candidate  standing 
highest  upon  the  register  for  the  class  or  grade  said  position  belong? 
to,  except  that  in  case  of  laborers,  where  a  choice  by  competition  is 
impracticable,  said  commission  may  provide  by  its  rules  that  the  selec- 
tion may  be  made  by  lot  from  among  those  candidates  proved  fit  by 
examination.  In  making  such  certification,  sex  shall  be  disregarded, 
except  when  some  statute,  the  rules  of  said  commission  or  the  appoint- 
ing power  specifies  sex.  Said  appointing  officer,  meaning  thereby  the 
president  of  said  board,  shall  notify  said  commission  of  each  position 
to  be  filled  separately,  and  shall  fill  such  place  by  the  appointment  of 
the  person  certified  by  said  commission  therefor,  which  appointment 
shall  be  on  probation  for  a  period  to  be  fixed  by  said  rules.  At  or 
before  the  expiration  of  the  period  of  probation,  the  officer  having  the 
power  of  appointment  may,  with  the  consent  of-  said  commission,  dis- 
charge such  person  so  appointed  on  probation,  upon  assigning  in  writ- 
ing to  said  commission  his  reasons  therefor. 

Persons  who  were  engaged  in  the  military  or  naval  service  of  the 
United  States  during  the  years  1861,  1862,  1863,  1864  and  1865 :  1898, 
1899,  1900,  1901  and  1902;  1914,  1915,  1916,  1917,  1918  or  1919,  and 
who  were  honorably  discharged  therefrom,  and  all  person  who  were  en- 
gaged in  such  military  or  naval  service  during  any  of  said  years,  who 
are  now  or  may  hereafter  be  on  inactive  or  reserve  duty  in  such  military 
or  naval  service,  not  including,  however,  persons  who  were  convicted  by 
court-martial  of  disobedience  of  orders,  where  such  disobedience  con- 
sisted in  the  refusal  to  perform  military  service  on  the  ground  of  al- 
leged religious  or  conscientious  objections  against  Avar  shall  be  preferred 
for  appointment  provided  they  are  found  to  possess  the  business  capacity 
necessary  for  the  proper  discharge  of  the  duties  of  such  office,  and  it 
shall  be  the  duty  of  the  examiner  or  commissioner  certifying  the  list 
of  eligibles  who  have  taken  the  examinations  provided  for  in  this  Act, 
to  place  the  name  or  names  of  such  persons  at  the  head  of  the  list  of 
eligibles  to  be  certified  for  appointment. 

Twentieth — Exemptions.]  The  president  of  the  board  of  com- 
missioners of  Cook  County  shall,  with  the  advice  and  consent  of  the 
board,  appoint  the  warden  of  the  county  hospital,  the  superintendent 
of  the  insane  asylum  and  poor  house,  the  county  agent,  the  county 
physician,  the  custodians  of  court  house  and  criminal  court  building, 
the  county  attorney,  the  countv  architect,  the  committee  clerk  of  the 
county  board,  and  the  said  officers  and  the  sunerintendent  of  public 
service  shall  not  be  included  in  the  said  classified  service. 


COUNTIES.  399 


Twenty-first — Removals  and  reductions.]  Removals  from  the 
classified  service,  or  reduction  in  grade  of  compensation,  or  both,  may 
be  made  in  any  department  of  the  service  by  the  head  of  such  depart- 
ment, for  any  cause  which  will  promote  the  efficiency  of  the  service; 
but  only  on  written  specifications  by  the  officer  making  the  removal  or 
reduction;  and  the  person  sought  to  be  removed  or  reduced  shall  have 
notice  and  shall  be  served  with  a  copy  of  the  specifications  and  be  al- 
lowed reasonable  time  for  answering  the  same  in  writing;  and  a  copy 
of  the  notice,  specifications,  answer  and  of  the  order  of  removal  or 
reduction  shall  be  filed  with  the  civil  service  commission.  The  said 
commission  shall  investigate  any  removal  or  reduction  which  it  has 
reason  to  believe  has  not  been  made  in  accordance  with  the  provisions 
of  this  section;  and  it  may  in  any  case  investigate  any  removal  or  re- 
duction, and  then  in  accordance  with  its  findings,  approve  or  disprove 
[disapprove]  the  same.  The  finding  and  decision  of  the  said  commission 
shall  in  every  case  be  final,  and  shall  be  certified  to  the  appointing  officer, 
and  shall  be  forthwith  enforced  by  such  officer.  A  copy  of  said  papers  in 
each  case  shall  be  made  a  Dart  of  the  record  of  the  division  of  the 
service  in  which  the  removal  or  reduction  is  made.  Nothing  in  this 
Act  shall  limit  the  power  of  any  officer  to  suspend  a  subordinate,  without 
pa)',  for  cause  assigned  in  writing,  for  a  reasonable  period,  not  exceed- 
ing thirty  days.  In  the  course  of  an  investigation  of  charges,  each 
member  of  the  civil  service  commission  shall  have  the  power  to  admin- 
ister oaths,  and  shall  have  the  power  to  secure  by  its  subpoena,  both 
the  attendance  and  testimony  of  witnesses,  and  the  production  of  books 
and  papers  relevant  to  such  investigation. 

Twenty-second — Report  to  commision.]  Immediate  notice  in 
writing  shall  be  given  by  the  appointing  power  to  said  commission  of  ah 
appointments,  permanent  or  temporary,  made  in  such  classified  civil 
service,  and  of  all  transfers,  promotions,  resignations  or  vacancies  from 
any  cause  in  such  service  and  of  the  date  thereof;  and  a  record  of  the 
same  shall  be  kept  by  said  commission.  When  any  office  or  place  of 
employment  is  created  or  abolished,  or  the  compensation  attached  there- 
to altered,  the  officer  or  board  making  such  change  shall  immediately 
report  it  in  writing  to  said  commission. 

Twenty-third — Investigations.]  The  commission  shall  investi- 
gate the  enforcement  of  this  Act  and  its  rules,  and  the  action  of  ex- 
aminers herein  provided  for  and  the  conduct  and  action  of  the  ap- 
pointees on  the  classified  civil  service  of  said  county.  In  the  course 
of  such  investigation  each  commissioner  shall  have  power  to  administer 
oaths,  and  said  commission  shall  have  power  to  secure  by  its  subpoena 
both  the  attendance  and  testimony  of  witnesses  and  the  production  of 
books  and  papers  relevant  to  such  investigations. 

Twent}r-fourth — Report  of  commission.]  Said  commission  shall 
on  or  before  the  first  Monday  of  September  of  each  year  make  to  the 
president  for  transmission  to  the  board  of  commissioners  a  report  show- 
ing its  own  action,  the  rules  in  force,  the  practical  effects  thereof,  and 
.any  suggestions  it  may  approve  for  the  more  effectual  accomplishment 
of  the  purposes  of  this  Act.  The  president  may  require  a  report  from 
said  commission  at  any  time. 


4U0  COUNTIES. 


Twenty-fifth- — The  civil  service  commission  shall  select  one  of  their 
own  number  to  act  as  chairman  and  one  as  secretary.  The  secretary 
shall  keep  the  minutes  of  its  proceedings,  preserve  all  reports  made  to 
it,  keep  a  record  of  all  examinations  held  under  its  direction  and  per- 
form such  other  duties  as  the  commission  shall  require. 

Twenty-sixth — Officers  to  aid — rooms.]  All  officers  of  said  coun- 
ty shall  aid  said  commission  in  all  proper  ways  in  carrying  out  the 
provisions  of  this  Act,  and  at  any  place  where  examinations  are  to  be 
held  shall  allow  the  reasonable  use  of  public  buildings  for  holding  such 
examinations.  The  board  of  county  commissioners  shall  cause  suit- 
able rooms  to  be  provided  for  said  commission  at  the  expense  of  said 
county. 

Twenty-seventh — Salaries  and  expenses.]  Each  of  said  civil 
service  commissioners  shall  receive  a  salary  of  fifteen  hundred  dollars 
a  year,'  and  said  commission  may  also  incur  expenses  not  exceeding  five 
hundred  dollars  a  year  for  printing,  stationery  and  other  incidental 
matters. 

Twenty-eighth — Appropriations.]  A  sufficient  sum  of  money 
shall  be  appropriated  each  year  by  said  board  to  carry  out  the  provisions 
of  this  Act  in  said  county.  If  the  board  shall  have  already  made  the 
annual  appropriation  for  county  purposes  for  the  current  fiscal  year, 
the  board  is  authorized  and  required  to  pay  the  salaries  and  expenses 
of  the  civil  service  commission  for  such  fiscal  year  out  of  the  moneys 
appropriated  for  contingent  purposes  by  said  board. 

Twenty-ninth — Frauds  prohibited.]  No  person  or  officer  shall 
wilfully  or  corruptly,  by  himself  or  co-operation  with  any  one  or  more 
other  persons,  defeat,  deceive  or  obstruct  any  person  in  respect  to  his 
or  her  right  of  examination,  or  corruptly  or  falsely  mark,  grade,  esti- 
mate or  report  upon  the  examination  or  proper  standing  of  any  person 
examined  hereunder,  or  aid  in  so  doing,  or  wilfully  or  corruptly  make 
any  false  representation  concerning  the  same  or  concerning  the  person 
examined,  or  wilfully  or  corruptly  furnish  to  any  person  any  special  or 
secret  information  for  the  purpose  of  improving  or  injuring  the  pros- 
pects or  chances  of  any  person  so  examined,  or  to  be  examined,  being 
employed  or  promoted. 

Thirtieth — No  officer  to  solicit  or  receive  political  contri- 
butions.] No  officer  or  employe  in  the  classified  civil  service  of  said 
county,  or  named  in  the  twentieth  paragraph  of  this  section,  shall  solicit, 
orally  or  by  letter,  or  receive  or  pay,  or  be  in  any  manner  concerned 
in  soliciting,  receiving  or  paying;  any  assessments,  subscriptions  or  con- 
tributions for  any  party  or  political  purposes  whatever. 

Thirty-first — No  person  to  solicit  political  contributions 
from  officers  or  employes.]  No  person  shall  solicit  orally  or  by 
letter,  or  be  in  any  manner  concerned  in  soliciting  any  assessment,  con- 
tribution or  payment,  for  any  party  or  for  anv  political  purpose  what- 
ever, from  any  officer  or  employe  in  the  classified  civil  service  of  said 
county,  or  named  in  the  twentieth  paragraph  of  this  section. 

Thirty-second — Assessments  and  contributions  in  public  of- 
fices forbidden.]  No  person  shall  in  any  room  or  building  occupied 
for  the   discharge  of  official    duties  by  any  officer   or  employe   in  the 


COUNTIES.  401 


classified  civil  service  of  said  county,  or  named  in  the  twentieth  para- 
graph of  this  section,  solicit,  orally  or  by  written  communication,  de- 
liver therein  or  in  any  other  manner,  or  receive  any  contribution  of 
money  or  other  thing  of  value,  for  any  party  or  political  purpose  what- 
ever. No  officer,  agent,  clerk  or  .employe  in  the  classified  civil  service 
of  said  county,  or  named  in  the  twentieth  paragraph  of  this  section, 
who  may  have  charge  or  control  of  any  building,  office  or  room  oc- 
cupied  for  any  purpose  of  said  government,  shall '  permit  any  person 
to  enter  the  same  for  the  purpose  of  therein  soliciting  or  deliver  big 
written  solicitations  for,  or  receiving  or  giving  notice  of  any  political 
assessments. 

Thirty-third — Payments  of  political  assessments  to  public 
officers  prohibited.]  No  officer  or  employe  in  the  classified  civil 
service  of  said  county,  or  named  in  the  twentieth  paragraph  of  this 
section,  shall,  directly  or  indirectly,  give  or  hand  over  to  any  officer  or 
employe,  or  to  any  senator  or  representative  or  alderman,  councilman, 
or  commissioner,  any  money  or  other  valuable  thing  on  account  of  or  to 
be  applied  to  the  promotion  of  any  party  or  political  object  whatever. 

Thirty-fourth — Abuse  of  political  influence  prohibited.]  No 
officer  or  employe  in  said  classified  service,  or  named  in  the  twentieth 
paragraph  of  this  section,  shall  discharge  or  degrade,  or  promote,  or  in 
any  manner  change  the  official  rank  or  compensation  of  any  other  officer  or 
employe,  or  promise  or  threaten  to  do  so,  for  giving  or  withholding 
or  neglecting  to  make  any  contribution  of  money,  or  other  valuable 
thing,  for  any  party  or  political  purpose,  or  for  refusal  or  neglect  to 
render  any  party  or  political  service. 

Thirty-fifth- — Payment  for  place  prohibited.]  No  applicant 
for  appointment  in  said  classified  civil  service,  or  to  a  position  named 
in  the  tAventieth  paragraph  in  this  section,  either  directly  or  indirectly, 
shall  pay,  or  promise  to  pay  any  money  or  other  valuable  thing  to  an}' 
person  whatever  for  or  on  account  of  his  appointment,  or  proposed  ap- 
pointment, and  no  officer  or  employe  in  said  civil  service  or  named 
directly,  any  person  any  money  or  other  valuable  thing  whatever  for  or 
on  account  of  his  promotion. 

Thirty-sixth — Recommendation  in  consideration  of  political 
service  prohibited.]  No  applicant  for  appointment  or  promotion  in 
classified  civil  service  shall  ask  for  or  receive  a  recommendation  for 
assistance  from  any  officer  or  employe  in  said  service,  or  of  any  person 
upon  the  consideration  of  any  political  service  to  be  rendered  to  or  for 
such  person  or  for  the  promotion  of  such  person  to  any  office  or  em- 
plo}rment. 

Thirty-seventh — Auditing  officer.]  No  acocunting  or  auditing 
officer  shall  allow  the  claim  of  any  public  officer  for  services  of  any 
deputy  or  other  person  employed  in  the  public  service  in  violation  of 
the  provisions  of  this  Act. 


-26  L 


402  COUNTIES. 


Thirty-eighth — Appointments  and  removals  to  be  certified  to 
the  comptroller.]  The  commission  shall  certify  to  the  county  clerk 
or  other  auditing  officers,  all  appointments  to  offices  and  places  in  the 
classified  civil  service,  and  all  vacancies  occurring  therein,  whether  by 
dismissal,  resignation  or  death,  and  all  findings  made  or  approved  by 
the  commission  under  the  provisions  of  the  twenty- first  paragraph  of 
this  section,  that  a  person  shall  be  discharged  from  the  classified  service. 

Thirty-ninth — Comptroller  to  pay  salaries,  only  after  cer- 
tification.] No  county  clerk,  comptroller  or  other  auditing  officer  of 
said  county  shall  approve  the  payment  of,  or  be  in  any  manner  con- 
cerned in  paying  any  salary  or  wages  to  any  person  for  services  as  an 
officer  or  employe  of  said  county  unless  such  person  is  occupying  an 
office  or  place  of  employment  according  to  the  provisions  of  law  and  is 
entitled  to  payment  therefor. 

Fortieth — Compelling  testimony  of  witnesses — production  of 
books  and  papees.]  Any  person  who  shall  be  served  with  a  subpoena 
to  appear  and  testify,  or  to  produce  books  and  papers,  issued  by  the 
commission  or  by  any  commissioners,  or  by  any  board  or  person  acting 
under  the  orders  of  the  commission  in  the  course  of  an  investigation 
conducted  either  under  the  provisions  of  the  twenty-first  or  twenty-third 
paragraph  of  this  section,  and  who  shall  refuse  or  neglect  to  appear 
or  testify,  or  to  produce  books  and  papers  relevant  to  said  investigation 
as  commanded  in  such  subpoena,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  on  conviction,  be  punished  as  provided  in  the  forty-first  para- 
graph of  this  section.  The  fees  of  witnesses  for  attendance  and  travel 
shall  be  the  same  as  the  fees  of  witnesses  before  the  Circuit  Courts,  and 
shall  be  paid  from  the  appropriation  for  the  expense  of  the  commis- 
sion. And  any  Circuit  Court  or  any  judge  thereof,  either  in  term  time 
or  vacation,  upon  application  of  any  such  commissioner  or  officer  or 
board  may,  in  his  discretion,  compel  the  attendance  of  witnesses,  the 
production  of  books  and  papers,  and  giving  of  testimony  before  the 
commission,  or  before  any  such  commissioner,  investigating  board  or 
officer  by  attachment  for  contempt  or  otherwise  in  the  same  manner 
as  the  production  of  evidence  may  be  compelled  before  said  court. 
Every  person  who,  having  taken  an  oath  or  made  affirmation  before  a 
commissioner  or  officer  appointed  by  the  commission  authorized  to  ad- 
minister oaths,  shall  swear  or  affirm  wilfully,  corruntly  and  falsely, 
shall  be  guilty  of  perjury,  and  upon  conviction  shall  be  punished  ac- 
cordingly. 

Forty-first— Penalties.]  Any  person  who  shall  wilfully,  or 
through  culpable  negligence  violate  any  of  the  provisions  of  this  Act 
or  any  rule  promulgated  in  accordance  with  the  provisions  thereof  shall 
be  guilty  of  a  misdemeanor  and  shall,  on  conviction  thereof,  be  pun- 
ished bv  a  fine  of  not  less  than  fiftv  dollars  and  not  exceeding  one 
thousand  dollars,  or  bv  imprisonment  in  the  county  jail  for  a  term 
not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court. 


counties.  -10; 


Forty-second — Penalties,  disqualification  to  hold  office.]  if 
any  person  shall  be  convicted  under  the  next  preceding  section,  any 
public  office  or  place  of  public  employment,  which  such  person  may 
hold  shall,  by  force  of  such  conviction,  be  rendered  vacant,  and  such 
person  shall  be  incapable  of  holding  any  office  or  place  of  public  em- 
ployment for  the  period  of  five  years  from  the  date  of  such  conviction. 

Forty-third — What  officers  to  prosecute.]  Prosecutions  i'ci 
violations  of  this  Act  may  be  instituted  either  by  the  Attorney  Genera], 
the  State's  attorney  for  the  county  in  which  the  offense  is  alleged  to  have 
been  committed,  or  by  the  commission  acting  through  special  counsel. 
Such  suits  shall  be  conducted  and  controlled  by  the  prosecuting  officer 
who  institute  them,  unless  they  request  the  aid  of  other  prosecuting 
officers. 

Approved  June  28,  1919. 


CORONERS. 

S    1.     Amends  section  10,  Act  of  1874.  §   10.     To    take   charge    of    body 

— jury. 

(House  Bill  No.  271.     Approved  June  28,  1919.) 

An  Act  to  amend  section  10  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  coroners/'  approved  February  6,  181^,  in  force 
July  1,  187 Jj.,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  coroners,"  approved  February  6,  1874, 
in  force  July  1,  1874,  as  subsequently  amended,  be  and  the  same  is 
hereby  amended  by  amending  section  10  thereof  to  read  as  follows : 

§  10.  To  take  charge  of  body — jury.]  Every  coroner, 
whenever,  and  as  soon  as  he  knows  or  is  informed  that  the  dead  body 
of  any  person  is  found,  or  lying  within  his  county,  supposed  to  have 
come  to  his  or  her  death  by  violence,  casualty  or  any  undue  means,  he 
shall  repair  to  the  place  where  the  dead  body  is,  and  take  charge  of 
the  same  and  forthwith  summon  a  jury  of  six  good  and  lawful  men 
of  the  neighborhood  where  the  body  is  found  or  lying,  to  assemble  at 
the  place  where  the  body  is  at  such  time  as  he  shall  direct,  and  upon 
view  of  the  body  to  inquire  into  the  cause  and  manner  of  the  death. 
Where,  however,  after  said  jury  has  viewed  said  body  and  the  inquest 
has  been  continued  by  the  coroner  to  a  future  date,  and  some  of  said 
jurors  not  exceeding  three,  fail  to  appear  at  said  inquest  because  of 
death,  moving  from  State,  or  other  sufficient  reasons,  it  shall  be  lawful 
for  the  coroner  in  such  case  to  fill  said  vacancy  or  vacancies  with  good 
and  lawful  men  of  the  same  neighborhood.  It  shall  not  be  necessary  in 
such  case  to  exhume  the  body  in  order  that  it  may  be  viewed  by  snid 
substitute  jurors.  In  any  case  where  a  person  is  supposed  to  have 
come  to  his  or  her  death  by  violence  of  a  criminal  character  as  afore- 
said, and  in  cases  where  the  cause  of  death  is  not  known,  and  concern- 
ing which  the  circumstances  evidence  violence  of  a  criminal  character, 
or  death  from  criminal  means,  or  where  said  cause  of  death  is  unascer- 
tainable  otherwise  than  by  an  autopsy,  the  coroner  may,  in  his  discre- 


404  COUNTIES. 


tion,  either  before  or  after  the  jury  is  summoned  or  sworn,  call  a 
physician  to  examine  the  body  of  the  deceased,  and  if  from  examination,. 
or  from  a  preliminary  investigation  by  the  coroner,  the  cause  of  death 
cannot  be  definitely  ascertained  by  the  coroner,  he  may,  in  his  discre- 
tion, or  the  jury,  after  being  summoned  and  sworn,  may,  in  its  discre- 
tion, order  and  direct  an  autopsy  to  be  held  upon  the  body  to  ascertain 
the  cause  of  death.  If  from  such  examination,  preliminary  investiga- 
tion, or  autopsy,  the  death  is  found  to  be  due  to  natural  causes,  and 
there  is  no  evidence  of  any  injury  to  the  body,  the  coroner  may,  in  his 
discretion,  issue  a  death  certificate  without  conducting  a  further  in- 
quest. In  all  cases  where  the  coroner  has  reasonable  ground  to  believe 
or  suspect,  or  where  there  is  any  evidence,  that  death  resulted  through 
criminal  means  or  agencies,  it  shall  be  his  duty  to  conduct  a  post- 
mortem examination,  upon  the  body.  Provided,  however,  that  there 
shall  be  no  autopsy  ordered,  directed  or  held  except  as  heretofore  in 
this  section  expressly  provided. 
Approved  June  28,  1919. 


RECORDERS. 

§   1.     Amends  section   9   of  Act  of  1874.        §   2.     Emergency. 

§  9.  Provides  for  recording  of 
certificates  of  honorably 
discharged  members  of 
the  military,  aviation 
and  naval  forces. 

(Senate  Bill  No.  231.     Approved  March  2  7,  1919.) 

An  Act  to  amend  section  9  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  recorders",  approved  March  9,  1874,  in  force  July 
1,  187 Jf,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  9  of  an  Act  entitled, 
"An  Act  to  revise  the  law  in  relation  to  recorders,"  approved  March 
9,  1874,  in  force  July  1,  1874,  is  amended  to  read  as  follows: 

§  9.  Every  recorder  shall,  as  soon  as  practicable  after  the  filing 
of  any  instrument  in  writing  in  his  office,  entitled  to  be  recorded, 
record  the  same  at  length,  in  the  order  of  time  of  its  reception,  in  well 
bound  books  to  be  provided  for  that  purpose:  Provided,  that  seperate 
[separate]  books  may  be  kept  for  the  recording  of  different  classes  of 
instruments. 

Certificates  of  discharge  of  honorably  discharged  members  of  thv, 
military,  aviation  and  naval  forces  of  the  United  States  shall  be  re- 
corded by  each  recorder,  free  of  charge,  in  a  seperate  [separate]  book 
which  shall  be  kept  for  the  purpose. 

Every  recorder  shall  keep  his  office  at  ihe  court  house  of  the  coun- 
ty for  which  he  is  recorder,  and  shall  keep  his  office  open  and  attend 
to  the  duties  thereof  from  eight  o'clock  in  the  forenoon  to  five  o'clock 
in  the  afternoon  of  each  working  day,  excepting  such  days  and  half 
days  as  under  any  law  are  or  may  be  legal  holidays  or  half  holidays, 
in  any  part  of  his  said  county,  as  regards  the  presenting  for  payment, 
acceptance,  maturity,   protesting,   or  giving  notice  of  the  dishonor  of 


COUNTIES.  -105 


bills  of  exchange,  bank  checks,  promissory  notes,  or  other  negotiable 
or  commercial  paper  or  instruments. 

The  recorder  of  deeds  elected  as  provided  for  in  this  Act,  shall  re- 
ceive such  fees  as  are  or  may  be  provided  for  him  by  law,  in  case  of 
provision  therefor;  otherwise  he  shall  receive  the  same  fees  as  are  or 
may  be  provided  by  law  to  be  paid  to  the  circuit  clerk  and  ex  officio  re- 
corder for  like  services. 

§  2.  Because  of  an  emergency,  this  Act  shall  take  effect  upon  its 
passage. 

Approved  March  27,  1919. 

SOIL   AND    CROP    IMPROVEMENTS. 

§   1..    Amends   section   1,   Act  of    1913.  §    2.     Amends  title   of   Act. 

§    1.     Authorizes    fund    for    soil 
and    crop    improvemrnt. 

(Senate  Bill  No.   379.     Approved  June  28,    1919.) 

An  Act  to  amend  the  title  and  section  1  of  an  Act  entitled:  "An  Ad 
to  enable  the  county  boards  to  appropriate  funds  for  the  use  of  soil 
and  crop  improvement  associations  of  their  several  counties"  ap- 
proved June  27,  1913,  in  force  July  1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  1  of  an  Act  entitled: 
"An  Act  to  enable  the  county  boards  to  appropriate  funds  for  the  use 
Of  soil  and  crop  improvement  associations  of  their  several  counties/'  ap- 
proved June  27,  1913,  in  force  July  1,  1913,  is  amended  to  read  us 
follows : 

§  1.  That  the  county  boards  of  the  several  counties  of  this  State 
are  hereby  authorized  and  empowered  to  appropriate  to  and  for  the 
use  of  county  soil  and  crop  improvement  associations  and  home  im- 
provement associations,  or  any  other  like  associations  organized  for  the 
improvement  of  general  agricultural  or  home  conditions,  a  sum  not  to 
exceed  five  thousand  dollars  ($5,000)  per  annum,  which  is  hereby  de- 
clared to  be  for  county  purposes,  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  expenditures  are  authorized  and  expended 
by  said  boards. 

§  2.     The  title  of  said  Act  is  amended  to  read  as  follows : 

"An  Act  to  enable  the  county  boards  to  appropriate  funds  for  the 
use  of  soil  and  crop  improvement  and  home  improvement  associations 
of  their  several  counties." 

Approved  June  28,  1919. 


406  COURTS. 


COUETS. 

APPELLATE  COURTS— REPORTS. 

§   1.     Amends  section  11,  Act  of  1913.  §   11.     Distribution     of     reports. 

(Senate  Bill  No.    68.     Approved  June   24,   1919.) 

An  Act  to  amend  section  11  of  an  Act  entitled:  "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/'  ap- 
proved June  21,  1913,  in  force  July  1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  11  of  an  Act  entitled: 
"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/'  approved  June  27,  1913,  in  force  July  1,  1913,  is  amend- 
ed to  read  as  follows : 

§  11.  Upon  publication  of  each  volume  of  said  reports,  the  Sec- 
retary of  State  shall  secure  from  any  official  publisher  for  free  distribu- 
tion 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  territorial  library,  one  copy  to  each  judge  of  a  court  of  record  of 
this  State,  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  Sec- 
retary 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  pro- 
visions, the  Secretary  of  State  is  hereby  authorized  and  required  to  pur- 
chase a  sufficient  number  of  copies  of  said  official  Illinois  Appellate  Court 
Eeports,  issued  since  July  1,  1913  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 
as  aforesaid.  Said  books  shall  be  paid  for  when  certified  by  the  Secre- 
tary of  State  upon  warrant  of  the  Auditor  of  Public  Accounts. 
Approved  June  24,  1919. 


CLERKS  OP  COURTS. 
§   1.     Amends   section    6.   Act  of   1874.  §    6.     Office   hours. 

(House  Bill  No.   550.     Approved  June  28,  1919.) 

An  Act  to  amend  section  6  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  clerks  of  courts/'  approved  March  25,  181k,  in  force 
July  1,  181k,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  6  of  an  Act  entitled, 
"An  Act  to  revise  the  law  in  relation  to  clerks  of  courts,"  approved 
March  25,  1874,  in  force  July  1,  1874,  as  amended,  is  amended  to  read 
as  follows : 

§  6.  The  clerks  of  the  Circuit  Courts,  and  of  the  Superior  and 
Criminal  Courts  of  Cook  County,  and  the  clerks  of  the   County  and 


COURTS.  407 


Probate  Courts  shall  keep  their  offices  at  the  court  house  of  their  re- 
spective counties,  and  shall  keep  their  offices  open  and  attend  to  the 
duties  thereof  from  8  o'clock  a.  m.  to  5  o'clock  p.  m.  of  each  working 
day,  except  legal  holidays:  Provided,  that  in  counties  of  seventy  thou- 
sand population  or  over  the  clerks  of  the  courts  herein  named  shall  keep 
their  offices  open  and  attend  to  the  duties  thereof  during  such  hours  on 
each  day,  and  on  such  days  as  may  be  ordered  by  the  rule  of  the  court 
in  such  county,  which  rule  may  be  changed  from  time  to  time  as  the 
judge  or  judges  of  said  court  may  see  fit. 
Approved  June  28,  1919. 


FORM  AND   COST   OF  PUBLICATIONS. 
§   1.     Publications  defined — rate.  §   2.     Repeals   Act   of   1877. 

(House  Bill  No.  462.     Approved  June  23,  1919.) 

An  Act  in  relation  to  the  form  and  cost  of  publications  required  by  law, 
or  by  order  or  rule  of  court,  and  to  repeal  an  Act  entitled,  "An  Act 
fixing  the  rate  of  advertising  by  the  State  and  providing  for  the  pay- 
ment of  the  same,"  approved  May  21,  1ST7,  in  force  July  1,  1877. 

Section  1.  Be  it  enacted  by  he  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  when  any  notice,  advertise- 
ment, proclamation,  statement,  proposal,  ordinance  or  proceedings  of  an 
official  body  or  board  or  any  other  matter  or  material  is  required  by  law 
or  by  the  order  or  rule  of  any  court  to  be  published  in  any  newspaper, 
the  face  of  type  in  which  such  publication  shall  be  made  shall  be  the 
same  as  the  body  type  used  in  the  classified  advertising  in  the  news- 
paper in  which  such  publication  is  made.  The  minimum  reasonable 
rate  shall  be  ten  cents  per  line  for  each  insertion.  A  standard  measure 
of  thirteen  ems  pica  shall  constitute  a  line. 

§  2.  An  Act  entitled,  "An  Act  fixing  the  rate  of  advertising  by 
the  State,  and  providing  for  the  pavment  of  the  same,"  approved  May 
21,  1877,'  in  force  July  1,  1877,  is  hereby  repealed. 

Approved  June  23,  1919. 


JURY  COMMISSIONERS. 

§   1.     Amends   sections    4   and   6,   Act   of  §   6.     Compensation  —  number 

1887.  of    assistants. 

§   4.     Selecting       names       for 
jurors. 

(House  Bill  No.  216.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  authorize  judges  of  courts 
of  record  to  appoint  jury  commissioners  and  prescribing  their  powers 
and  duties"  approved  June  15,  1887,  in  force  July  1,  1887,  as 
amended  by  an  Act  approved  June  9,  1897,  in  force  July  1.  1897.  and 
as  further  amended  by  an  Act  approved  and  in  force  April  21f,  1899, 
by  amending  sections  four  (If.)  and  six  (6). 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois. 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  authorize  judges  of  courts  of  record  to  appoint  jury  commissioners 


408  COURTS. 


and  prescribing  their  powers  and  duties,"  approved  June  5,  1887,.  and 
in  force  July  1,  1887,  as  amended  by  an  Act  approved  June  9,  1897,  in 
force  July  1,  1897,  and  as  further  amended  by  an  Act  approved  and  in 
force  April  24,  1899,  be  and  the  same  is  hereby  amended  by  amending 
sections  four  (4)  and  six  (G)  so  that  they  shall  be  read  as  follows, 
to-wit : 

§  4.  Selecting  names  for  jurors.]  The  said  jury  commis- 
sioners shall  from  time  to  time  select  from  said  jury  list  the  requisite 
number  of  names,  which  shall  each  be.  written  on  a  separate  ticket,  with 
the  age,  place  of  residence  and  occupation  of  each,  if  known,  the  whole 
to  be  put  into  a  box  to  be  kept  for  that  purpose  and  to  be  known  as  the 
jury  box.  In  like  manner  they  shall  select  the  necessary  number  of 
names  from  said  jury  list,  which  names  shall  each  be  written  on  a 
separate  ticket,  with  the  age,  place  of  residence  and  occupation  of  each, 
if  known,  and  put  the  whole  into  another  box  to  be  kept  for  that  purpose 
and  known  as  the  grand  jury  box.  The  jurors  so  selected  shall,  as  near 
as  may  be,  be  residents  of  different  parts  of  the  county,  and  of  different 
occupations;  and  one  or  more  of  the  judges  of  said  court  shall  certify 
to  the  clerk  of  the  court  the  number  of  jurors  required  at  each  term. 
The  said  clerk  shall  then  repair  to  the  office  of  the  jury  commissioners, 
and  in  the  presence  of  at  least  two  of  said  commissioners,  or  one  of  said 
commissioners  and  a  judge  of  a  court  of  record  of  said  county,  and  also 
in  the  presence  of  the  clerk  of  said  commissioners,  if  there  be  one,  pro- 
ceed to  draw  at  random  from  said  jury  box,  after  the  same  shall  have 
been  well  shaken,  the  necessary  number  of  names,  and  shall  certify  the 
same  to  the  sheriff  to  be  by  him  summoned  according  to  law.  If  more 
jurors  are  needed  during  said  term  the  court  shall  so  certify;  and  they 
shall  be  drawn  and  summoned  as  provided  forthwith:  Provided,  that 
it  shall  be  the  duty  of  said  jury  commissioners  to  have  and  maintain  at 
all  times  in  said  jury  box  not  less  than  fifteen  thousand  (15,000)  names, 
and  in  said  grand  jury  box  not  less  than  one  thousand  (1,000)  names. 

§  6.  Compensation — number  of  assistants.]  The  said  jury 
commissioners,  deputy  jury  commissioners,  clerk  and  assistants,  shall  be 
paid  for  their  services  by  the  county  treasurer  of  the  several  counties, 
such  compensation  as  shall  be  fixed  by  the  county  board,  upon  warrants 
drawn  by  the  clerk  of  the  county  board.  The  said  jury  commissioners 
shall  be  allowed  a  reasonable  sum  every  year  for  stationery  and  office 
expenses  other  than  salaries,  which  shall  be  paid  in  like  manner :  Pro- 
vided that  the  said  judges,  or  a  majority  of  them,  shall  prescribe  the 
number  of  assistants  to  be  employed  by  said  jury  commissioners. 

Whereas,  emergency  exists,  this  Act  shall  take  effect  and  be  in  full 
force  after  its  passage  and  approval  by  the  Governor. 

Approved  June  28,  1919. 


COURTS. 


409 


MUNICIPAL   COURT   OP   CHICAGO. 


1.     Amends    sections    15    and    17,    Act 
of  1905. 


§  17.  Bailiffs — salary  —  oath 
and  bond — removal 
— police  officers  to  be 
deputy   bailiffs. 


§  15.  Deputy  clerks — salary 
— rates  for  tran- 
script of  reports — 
oath  and  bond — re- 
moval. 

(House   Bill  No.    134.     Filed   June   17,    1919.) 

An  Act  to  amend  sections  15  and  11  of  an  Act  entitled,  "An  Act  in 
relation  to  a  Municipal  Court  in  th.e  city  of  Chicago."  [Approved  May 
IS,  1905.    In  force  July  1,  1905,  as  subsequently  amended.'] 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  15  and  17  of  an 
Act  entitled  "An  Act  in  relation  to  a  Municipal  Court  in  the  City  of 
Chicago",  approved  May  18,  1905,  and  in  force  July  1,  1905,  as  subse- 
quently amended,  be  and  the  same  are  hereby  amended  to  read  as 
follows : — 

§  15.  That  said  clerk  shall  appoint  such-  number  of  deputies  as 
may  be  determined,  from  time  to  time,  by  a  majority  of  the  judges  of 
the  Municipal  Court  by  orders  signed  by  them  and  spread  upon  the 
records  of  said  court.  The  salaries  of  deputy  clerks  shall  be  fixed,  from 
time  to  time,  by  orders  signed  by  a  majority  of  the  judges  of  the 
Municipal  Court  and  spread  upon  the  records  of  the  court  and  shall  be 
payable  out  of  the  city  treasury  in  monthly  installments,  provided,  how- 
ever, the  salary  of  the  chief  deputy  clerk  shall  be  four  thousand  dollars 
($1,000.00)  per  annum  and  that  the  salaries  of  no  more  than  five 
additional  deputy  clerks  other  than  those  who  may  be  employed  as 
shorthand  reporters,  shall  exceed  two  thousand  two  hundred  dollars 
($2,200.00)  per  annum.  Such  number  of  deputy  clerks  so  appointed 
as  the  judges  may  deem  necessary  shall  be  competent  shorthand  re- 
porters, capable  of  correctly  taking  down  stenographically  and  tran- 
scribing proceedings  of  court,  and  shall  perform  such  duties  with  respect 
to  attending  upon*  and  taking  down  stenographic  report  of  the  pro- 
ceedings of  said  court  as  may  be  required  by  the  judges,  and  for  making 
and  furnishing  transcripts  of  their  stenographic  report  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  determined  by  the  judges,  and  the 
judges  may  allow  said  deputy  clerks  to  retain,  as  additional  compensa- 
tion for  their  services,  such  proportion  as  the  judges  may  deem  reason- 
able of  the  charges  so  collected,  the  balance  of  such  charges  to  be 
accounted  for  by  such  deputy  clerk  in  the  same  manner  as  costs  collected 
by  them.  Such  deputy  clerks  shall. take  the  same  oath  or  affirmation 
required  of  the  clerk  of  the  Municipal  Court  and  shall  give  bond  to  be 
approved  by  the  Chief  Justice  of  said  court,  conditioned,  as  near  as  may 
be,  like  the  bond  required  of  the  clerk.  Any  deputy  clerk  shall  be 
subject  to  removal  at  any  time  by  an  order  signed  by  a  majority  of  the 
judges  of  the  Municipal  Court,  and  spread  upon  the  records  of  said 
court.    Any  deputy  clerk  may  likewise  be  removed  by  the  clerk  provided, 


410  COUKTS. 


however,  that  any  deputy  clerk  so  removed  may  be  restored  to  his  posi- 
tion as  such  deputy  clerk  by  an  order  signed  by  a  majority  of  the  judges 
of  the  Municipal  Court  and  spread  upon  the  records  of  the  court.  The 
number  of  deputy  clerks  may  be  reduced  at  any  time  by  an  order  signed 
by  a  majority  of  the  judges  of  said  Municipal  Court  and  spread  upon  the 
records  of  said  court." 

§  17.  That  said  bailiff  shall  appoint  such  number  of  deputies  as 
may  be  determined,  from  time  to  time,  by  a  majority  of  the  judges  of 
the  Municipal  Court  by  orders  signed  by  them  and  spread  upon  the 
records  of  said  court.  The  salaries  of  deputy  bailiffs  shall  be  fixed,  from 
time  to  time,  by  orders  signed  by  a  majority  of  the  judges  of  the 
Municipal  Court  and  spread  upon  the  records  of  the  court,  and  shall 
be  payable  out  of  the  city  treasury  in  monthly  installments,  provided, 
however,  that  the  salary  of  the  chief  deputy  bailiff  shall  be  four  thou- 
sand dollars  ($4,000.00)  per  annum  and  that  the  salary  of  the  assistant 
chief  deputy  bailiff  shall  be  two  thousand  five  hundred  dollars  ($2,- 
500.00)  per  annum,  and  that  the  salary  of  no  other  deputy  bailiff  shall 
exceed  two  thousand  dollars  ($2,000.00)  per  annum.  Such  deputy 
bailiffs  shall  take  the  same  oath  or  affirmation  required  of  the  bailiff  of 
said  Municipal  Court  and  shall  give  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-offcio  police  officers  of  the  City  of  Chicago.  Any 
deputy  bailiff  shall  be  subject  to  removal  at  any  time  by  an  order  signed 
by  a  majority  of  the  judges  of  the  Municipal  Court  and  spread  upon 
the  records  of  said  court.  Any  deputy  bailiff  may  likewise  be  removed 
by  the  bailiff,  provided,  however,  that  any  deputy  bailiff  so  removed  may 
be  restored  to  his  position  by  an  order  signed  by  a  majority  of  the- 
judges  of  said  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  shall  be  ex-officio  a  deputy  bailiff  of  the  Municipal 
Court,  and  shall  perforin,  from  time  to  time,  such  duties  in  respect  to 
cases  within  the  jurisdiction  of  said  court  as  may  be  required  of  him 
by  said  court  or  any  judge  thereof.  The  bailiff  may  appoint  a  special 
deputy  to  serve  any  summons  issued  out  of  the  Municipal  Court,  by 
indorsement    thereon    substantially    as    follows :      "I    hereby    appoint 

my  special  deputy  to  serve  the  within  writ,"  which 

shall  be  dated  and  signed  by  the  bailiff.  Such  special  deputy  shall  make 
return  of  the  time  and  manner  of  service  of  such  writ,  under  his  oath, 
and  for  making  a  false  return  he  shall  be  guilty  of  perjury  and  be 
punished  accordingly. 

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  seventeenth  day  of  June,   A.   D.    1919. 

Louis  L.  Emmeeson,  Secretary  of  State. 


COURTS.  411 


MUNICIPAL   COURT   OP  CHICAGO. 

§   1.     Amends    sections    14    and    16,    Act  §   16.     Bailiff — term  —  duties 

of   1905.  —    compensation    — 

may     employ     attor- 
§   14.     Clerk — term — duties  —  ney. 

compensation  —  may 
employ   attorney. 

(House  Bill  No.    691.     Filed  July   11,    1919.) 

An  Act  to  amend  sections  11+  and  16  of  an  Act  entitled,  "An  Act  in 
relation  to  a  Municipal  Court  in  the  city  of  Chicago,"  approved  May 
18,  1905,  in  force  July  1,  1905,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  14  and  16  of  an 
Act  entitled,  "An  Act  in  relation  to  a  Municipal  Court  in  the  City  of  Chi- 
cago," approved  May  18,  1905,  and  in  force  July  1,  1905,  as  subse- 
quently amended,  be  and  the  same  are  hereby  amended  to  read  as  fol- 
lows : 

§  14.  That  there  shall  be  a  clerk  of  said  Municipal  Court,  whose 
term  of  office  shall  be  six  years  and  until  his  successor  shall  be  elected 
and  qualified  and  who  shall  be  elected  on  the  first  Tuesday  after  the 
first  Monday  of  November,  A.  D.  1906,  and  every  six  years  thereafter. 
He  shall  perform,  with  respect  to  said  Municipal  Court,  the  duties 
usually  performed  by  clerks  of  courts  of  record.  He  shall  give  his  per- 
sonal 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  nine  o'clock  a.  m.  to  five  o'clock 
p.  m.  of  each  working  day  during  the  year,  excepting  that  on  Satur- 
days, after  the  hour  of  twelve  o'clock  p.  m.,  the  clerk  may  close  such 
of  his  offices  as  he  may  deem  proper  at  twelve  o'clock  p.  m. :  Provided, 
however,  that  for  the  purpose  of  receiving  and  filing  papers  and  issuing 
writs  and  the  performance  of  other  work  in  criminal  and  quasi  criminal 
cases,  the  Chief  Justice  may  require  the  attendance,  during  additional 
hours  of  each  day,  of  such  number  of  deputy  clerks  as  may  be  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  pro- 
ceedings in  such  suit,  or  the  papers  filed  therein,  which  such  attorney 
or  party  may  deem  necessary  and  by  means  of  which  bureau  such  at- 
torney or  party  may  obtain  such  information  without  charge  being 
made  therefor:  Provided,  however,  that  the  clerk  shall  not  be  per- 
sonally responsible  for  any  mistake  made  by  any  deputy  clerk  with  re- 
spect to  such  information.  Until  otherwise  provided  by  the  rules  which 
may  be  adopted  under  the  provisions  of  this  Act  the  powers,  duties  and 
liabilities,  the  oath  of  office  and  the  bond  and  conditions  thereof,  of 
such  clerk  shall  be  the  same,  as  near  as  may  be.  as  those  prescribed  by 
law  for  clerks  of  courts  by  the  Act  entitled.  "An  Act  to  revise  the  law 
in  relation  to  clerks  of  courts,"  approved  March  25.  1874.  and  in  force 
July  1,  1874.  He  shall  be  commissioned  by  the  Governor.  When  a 
vacancy  occurs  in  the  office  of  the  clerk  and  the  unexpired  term  ex- 
ceeds one  year,  the  judges  shall  appoint  a  clerk  pro  tempore,  who  shall 


-112  COURTS. 


qualify  by  giving  bond  and  taking  the  oath  as  required  by  law  of  the 
clerk,  and  thereupon  such  appointee  shall  perform  all  the  duties  re- 
quired of  a  duly  elected  clerk  of  said  court,  and  shall  receive  a  like 
salary,  and  shall  hold  such  office  until  some  person  is  elected  and 
qualified  according  to  law  to  fill  such  vacancy.  Whenever  any  such 
vacancy  occurs,  the  Chief  Justice  shall  forthwith  notify  the  Governor 
thereof,  who,  upon  receiving  such  notice,  shall,  as  soon  thereafter  as 
may  be  practicable,  issue  a  writ  of  election,  as  in  other  cases.  When  a 
vacancy  occurs  in  the  office  of  the  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  re- 
quired 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  quali- 
fied according  to  law  to  fill  such  vacancy.  The  salary  of  the  clerk 
shall  be  nine  thousand  dollars  ($9,000)  per  annum.  Such  salary  shall 
be  payable  in  monthly  installments  out  of  the  city  treasury,  and  that 
it  shall  be  neither  increased  nor  diminished  during  the  term  for  which 
the  clerk  shall  bave  been  elected.  The  clerk  may  employ  an  attorney 
at  the  salary  of  not  exceeding  five  thousand  dollars  ($5,000)  per  an- 
num, which  salary  together  with  all  expenses  incurred  by  the  clerk  in 
prosecuting  or  defending  suits  brought  by  or  against  him  in  his  official 
capacity  and  for  legal  services  rendered  to  him  in  matters  relating  to 
his  official  duties,  shall  be  paid  in  monthly  installments  out  of  the  city 
treasury. 

§  16.  That  there  shall  be  a  bailiff  of  said  Municipal  Court  whose 
term  of  office  shall  be  six  (6)  years  and  until  his  successor  shall  be 
elected  and,  qualified  and  who  shall  be  elected  on  the  first  Tuesday  after 
the  first  Monday  of  November,  A.  D.  1906,  and  every  six  years  there- 
after. He  shall  perform  with  respect  to  said  Municipal  Court  the  duties 
usually  performed  hj  sheriffs  in  respect  to  attendance  upon,  and  service 
and  execution  of  the  process,  and  obedience,  of  the  lawful  orders  and 
directions  of  a  Circuit  Court.  He  shall  give  his  personal  attendance 
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  trans- 
action of  business  from  nine  o'clock  a.  m.  to  five  o'clock  p.  m.  of  each 
working  day  during  the  year,  excepting  that  on  Saturdays,  after  the 
hour  of  twelve  o'clock  p.  m.  the  bailiff-  may  close  such  of  his  offices  as 
he  may  deem  proper  at  twelve  o'clock  p.  m.  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  directions,  of  a  Circuit  Court.  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 
pro  tempore,  who  shall  qualify  by  giving  bond  and  taking  the  oath  as 
required  bv  law  of  the  bailiff  and  thereupon  such  appointee  shall  per- 
form all  the  duties  required  of  a  duly  elected  bailiff  of  said  court,  and 


COURTS.  413 


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  sal- 
ary, and  shall  hold  such  office  until  some  person  is  elected  and  qualified 
according  to  law  to  fill  such  vacancy.  It  shall  be  unnecessary  to  serve 
any  process  of  summons  upon  the  bailiff  in  any  suit  against  him  com- 
menced in  the  Municipal  Court.  In  lieu  of  the  service  of  such  process 
the  clerk  shall  notify  the  bailiff  of  the  commencement  of  such  suit  and 
the  bailiff  shall  thereupon  forthwith  enter  his  appearance  therein,  such 
entry  of  appearance  to  be  made  without  any  advance  payment  of  costs. 
The  salary  of  the  bailiff  shall  be  nine  thousands  dollars  ($9,000)  per 
annum.  Such  salary  shall  be  payable  in  monthly  installments  out  of 
the  city  treasury,  and  that  it  shall  be  neither  increased  nor  diminished 
during  the  term  for  which  the  bailiff  shall  have  be.en  elected.  The 
bailiff  may  employ  an  attorney  at  the  salary  of  not  exceeding  five 
thousand  dollars  ($5,000)  ner  annum,  which  salary  together  with  all 
expenses  incurred  by  the  bailiff  in  prosecuting  or  defending  suits 
brought  by  or  against  him  in  his  official  capacity  shall  be  paid  in  month- 
Iv  installments  out  of  the  citv  treasury. 
Filed  July  11,  1919. 

The  Governor  having-  failed  to  return  this  bill  to  the  General  Assemblv  durine: 
its  session,  and  having  failed  to  file  it  in  my  office,  with  his  objections,  within  ten 
days  after  the  adjournment  of  the  General  Assembly,  it  has  thereby  become  a  law. 

Witness  my  hand  this  11th  day  of  July.  A.  D.   1919. 

Louis  L.   Emmerson,   Secretary  of  State. 


PENSIONING    OF   JUDGES. 
§   1.     When   entitled   to   receive   pension.        §    2.     How  paid. 

(House  Bill  No.   31.     Approved  June  28,  1919.) 

An  Act  in  relation  to  the  retirement  and  pensioning  of  judges  of  courts 

of  record  in  Illinois. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  any  judge  of  a  court  of 
record  in  the  State  of  Illinois,  whether  of  the  Supreme,  Circuit, 
Superior,  Probate,  County,  City  or  Municipal  Court,  who  has  served 
as  a  judge  in  any  one  or  more  of  said  courts  for  a  period  or  periods 
aggregating  twenty-four  (24)  years,  shall,  when  he  reaches  the  age 
of  sixty-five  (65)  years,  and  shall  by  resignation  or  otherwise  have 
ended  such  service,  shall,  after  such  service  of  twenty-four  (24)  years, 
and  after  reaching  the  age  of  sixty-five  (65)  years,  be  entitled  to  and 
shall  receive  annually  a  pension  during  the  remainder  of  his  life  for 
a  sum  equal  in  amount  to  one  half  (y2)  the  sum  annually  received 
as  compensation  for  his  judicial  service  during  the  last  vear  thereof. 


414  COURTS. 


§  2.  The  said  pension  of  any  such  judge,  after  such  retirement 
or  end  of  service  and  reaching  the  age  of  sixty-five  (65)  years,  shall 
be  paid  in  the  same  manner  as  the  salary  of  such  judge  was  paid  during 
his  period  of  service  from  State,  county  or  city  respectively  or  out  of 
moneys  not  otherwise  appropriated. 

Approved  June  28,  1919. 

PROBATION  SYSTEM. 

§    1.     Amends    section    14,    Act    of    1911.  §   14.     Probation     officers — com- 

pensation —  receiving 
gifts  or  gratuities  pro- 
hibited. 

(House  Bill  No.   53.     Approved  April  18,  1919.) 

An  Act  to  amend  section  Ik  of  an  Act  providing  for  a  system  of  pro- 
bation, for  the  appointment  and  compensation  of  probation  officers? 
and  authorizing  the  suspension  of  final  judgment  and  the  imposition 
of  sentence  upon  persons  guilty  of  certain  defined  crimes  and  offenses, 
and  legalizing  their  ultimate  discharge  without  punishment,  approved 
June  10,  1911,  in  force  July  1,  1911,  as  subsequently  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  section  14  of  an  Act  en- 
titled, "An  Act  providing  for  a  system  of  probation  for  the  appointment 
and  compensation  of  probation  officers  and  authorizing  the  suspension  of 
final  judgment  and  the  imposition  of  sentence  upon  persons  found  guilty 
of  certain  defined  crimes  and  offenses,  and  legalizing  their  ultimate  dis- 
charge without  punishment,"  approved  June   10,   1911,  in  force  July 
1,  1911,  as  subsequently  amended,  so  as  to  read  as  follows: 

§  14.  The  amount  of  compensation  to  be  paid  any  probation  of- 
ficer or  chief  probation  officer  appointed  by  any  Circuit  Court  shall 
be  determined  by  the  board  of  commissioners  or  supervisors  of  the 
several  counties  in  which  said  officers  respectively  are  appointed,  and 
shall  be  paid  by  the  county  treasurer  on  the  warrant  of  the  county 
comptroller  or  other  person  authorized  to  issue  warrants  on  the  county 
treasurer ;  the  amount  of  compensation  to  be  paid  to  any  probation 
officer  appointed  by  any  Municipal  or  City  Court  shall  be  determined 
by  the  city  council  of  the  city  in  which  such  Municipal  or  City  Court 
is  situated,  and  shall  be  paid  out  of  the  city  treasurer  [treasury]  on 
warrants  drawn  for  that  purpose;  the  compensation  to  be  paid  to  any 
chief  probation  officer  appointed  jointly  by  the  judges  of  the  Circuit 
Court  of  any  county,  and  the  judges  of  any  Municipal  or  City  Court, 
as  provided  in  section  9  of  this  Act,  shall  be  equally  apportioned  be- 
tween the  county  and  the  cities,  the  judges  of  whose  courts  made  such 
appointment  as  aforesaid,  and  the  amount  thereof  shall  be  fixed  by 
said  judges  and  approved  by  the  board  of  county  commissioners  or  sup- 
ervisors of  such  county  and  by  the  city  councils  of  the  cities  for  Avhich 
said  chief  probation  officer  is  appointed  as  aforesaid ;  provided,  however. 
that  the  compensation  paid  any  cbief  probation  officer  in  counties  of 
the  third  class  shall  not  exceed  five  thousand  ($5,000.00)  dollars  a 
year,  the  compensation  of  each  of  not  more  than  three  assistant  pro- 
bation officers  in  counties  of  said  class  shall  not  exceed  twentv-four  hun- 


COURTS.  415 


dred  dollars  ($2,400)  a  year,  and  the  compensation  of  any  other  pro- 
bation officer  in  counties  of  said  class  shall  in  the  case  of  probation 
officers  of  the  Circuit  Court  be  fixed  by  said  court  with  the  approval 
of  the  county  board,  and  in  case  of  probation  officers  appointed  by  a 
Municipal  or  City  Court,  by  said  Municipal  or  City  Court  with  the 
approval  of  the  city  council,  but  shall  not  exceed  two  thousand  dollars 
($2,000.00)  per  annum.  And  provided,  that  the  compensation  of  any 
chief  probation  officer  in  counties  of  the  second  class  shall  not  exceed 
twelve  hundred  dollars  ($1,200.00)  a  year,  and  the  compensation  of 
any  other  probation  officer  in  counties  of  said  class  shall  not  exceed 
eight  hundred  ($800)  dollars  a  year:  And,  provided,  that  in  counties 
of  the  first  class  the  compensation  of  any  probation  officer  shall  be 
limited  to  a  per  diem  of  not  to  exceed  three  dollars  ($3.00)  per  day 
for  such  time  only  as  said  officer  shall  be  actually  engaged  in  the  dis- 
charge of  his  official  duties.  Probation  officers  shall,  in  counties  of 
said  first  class,  be  entitled  to  their  necessary  traveling  and  other  ex- 
penses incurred  in  the  discharge  of  their  official  duties,  but  in  coun- 
ties of  the  second  and  third  classes  no  probation  officer  shall  be  en- 
titled to  be  reimbursed  for  any  traveling  expenses  unless  such  officer 
shall  be  called  upon  to  go  outside  of  his  county,  in  which  case  such 
officer  shall  be  reimbursed  for  his  necessary  traveling  expenses,  and  the 
court  having  jurisdiction  may,  by  special  order  duly  entered,  direct 
that  a  probation  officer  shall  be  reimbursed  for  other  expenses,  incurred 
in  any  case  pending  before  said  court.  All  such  expenses  after  being 
certified  by  the  presiding  judge  of  the  Circuit  Court  or  the  committee 
of  judges  provided  for  in  section  9  of  this  Act  and  approved  by  the 
board  of  county  commissioners  or  board  of  supervisors  of  such  county, 
shall  be  paid  by  the  county  treasurer  on  warrant  by  the  proper  county 
officer.  No  probation  officer  receiving  compensation  from  any  public 
funds  under  the  provisions  of  this  Act  shall  receive  any  compensation, 
gift  or  gratuity  whatsoever  from  any  person,  firm  or  corporation  for 
doing  or  refraining  from  doing  any  official  act  in  any  way  connected 
with  any  proceeding  then  pending  or  about  to  be  instituted  in  any  court 
with  which  said  probation  officer  has  to  do.  Any  probation  officer  re- 
ceiving compensation  from  any  public  funds  under  the  provisions  of 
this  Act,  who  shall  receive  any  compensation,  gift  or  gratuity  what- 
ever from  any  person,  firm  or  corporation  for  doing  or  refraining  from 
[doing]  any  official  act  in  any  way  connected  with  any  proceeding  then 
pending  or  about  to  be  instituted  in  any  court  with  which  said  pro- 
bation officer  has  to  do,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  accordingly  and  shall  be  immediately  removed  by 
the  court  or  judges  having  the  power  of  removal. 
Approved  April  18,  1919. 


416  COURTS. 


SHORTHAND   REPORTERS. 


§   1.     Amends   section   2,  Act  of   1887.  §   2.     Appointment — d  uties  — ■ 

compensation. 

(Senate  Bill  No.   182.     Approved  Mat  21,   1919.) 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  authorize  the 
judges  of  the  Circuit  Courts  to  appoint  shorthand  reporters  for  the 
taking  and  preservation  of  evidence,  and  to  provide  for  their  com- 
pensation/' approved  May  31,  1887,  in  force  July  1,  1887,  as  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the   General  Assembly:     Section  2  of  an  Act  entitled, 
uAn  Act  to  authorize  the  judges  of  the  Circuit  Courts  to  appoint  short- 
hand  reporters  for  the   taking   and   preservation   of   evidence,   and  to 
provide  for  their  compensation,"  approved  May  31,  1887,  in  force  July 
1,  1887,  as  amended,  is  amended  to  read  as  follows: 

§  2.  The  said  reporter  shall  cause  full  phonographic  notes  of  the 
evidence  in  all  trials  in  the  court  for  "which  he  is  so  appointed  to  be 
taken  down,  and  one  transcript  of  the  same,  if  desired  by  either  party  of 
the  suit  or  by  their  attorney  or  by  the  judge  of  the  court,  to  be  forthwith 
correctly  made  and  furnished  to  the  party  desiring  it.  The  compensa- 
tion of  the  reporter  for  taking  such  phonographic  notes,  shall  be  ten 
dollars  ($10.00)  per  day  for  each  day  court  is  in  session.  The  presiding 
judge  of  the  court  shall  furnish  to  said  reporter  at  the  close  of  each 
term  of  court  a  certificate  showing  the  amount  per  diem  clue  him,  and 
upon  presentation  to  the  county  treasurer  of  such  county  he  shall  pay 
the  same  out  of  any  funds  of  such  county  in  his  hands.  Said  reporters 
shall  be  allowed  to  charge  not  to  exceed  fifteen  cents  per  one  hundred 
words  for  making  transcripts  of  said  shorthand  notes,  to  be  paid  in 
the  first  instance  by  the  party  on  whose  behalf  such  transcript  is  ordered, 
and  allowed  and  taxed  as  costs  in  the  suit,  and  the  transcript  when  so 
paid  for  by  the  party  ordering  it  and  the  charges  for  the  same  is  taxed 
as  costs,  the  same  shall  be  filed  and  remain  with  the  papers  in  the  case : 
Provided,  however,  that  when  the  judge  trying  the  cause  shall,  of  his 
own  motion,  order  a  transcript  of  said  shorthand  notes  as  hereinbefore 
provided,  he  may  direct  the  payment  of  the  charges  therefor  and  the 
taxation  of  the  same  as  costs  in  such  manner  as  to  him  may  seem  just : 
Provided,  always,  that  the  charges  for  making  but  one  transcript  may  be 
taxed  as  costs,  the  party  first  ordering  the  transcript  shall  have  the 
preference,  unless  it  shall  be  otherwise  ordered  by  the  court. 
Approved  May  21,  1919. 


COURTS.  417 


SHORTHAND    REPORTERS. 

§   1.     Judge    of    Probate    Court    to    ap-        §   3.     To   take   oath, 
point. 

§   2.     Duties  of   reporter — compensation. 

(House  Bill  No.  126.     Approved  June  28,  1919.) 

An  Act  to  authorize  the  judge  of  the  Probate  Court  in  any  county  of 
more  than  70,000  inhabitants  to  appoint  a  shorthand  reporter  for  the 
taking  and  preservation  of  evidence  and  fixing  the  compensation  to  be 
paid  therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  ■ 
represented  in  the  General  Assembly:  That  in  any  county  having  a 
population  of  more  than  seventy  thousand  according  to  the  last  Federal 
or  State  census,  the  judge  of  the  Probate  Court  thereof  shall  be  and  he 
is  hereby  authorized  to  appoint  a  shorthand  reporter  for  the  said  Pro- 
bate Court,  whose  duties  shall  be  as  hereinafter  specified.  The  reporter 
so  appointed  shall  hold  his  position  during  the  pleasure  of  the  judge 
so  appointing  him,  not,  however,  to  extend  beyond  the  time  the  judge 
making  such  appointment  shall  be  elected  for:  Provided,  however,  that 
in  case  of  the  absence  or  disability  of  such  reporter  so  appointed,  the 
said  judge  may  appoint  any  other  reporter  to  act  in  his  place  during 
such  absence  or  disability. 

§  2.  The  said  reporter  shall  take  full  stenographic  notes  of  the 
evidence  in  making  proofs  of  heirships  arjd  in  the  probating  of  wills  and 
in  all  other  cases  coming  before  the  said  Probate  Court  for  hearing  or 
trial  when  directed  by  the  judge  of  said  court  so  to  do.  He  shall  furnish 
a  transcript  of  the  evidence  of  each  proof  of  heirship  and  probating  of 
a  will  for  the  files  of  the  court,  for  which  he  shall  receive  as  compensa- 
tion from  the  party  presenting  the  same  such  amount  as  shall  be  fixed  by 
the  judge  of  said  court,  not,  however,  to  exceed  the  sum  of  fifteen  cents 
for  each  hundred  words  in  contested  hearings,  and  in  non-contested 
hearings  such  amount  as  shall  be  fixed  by  the  judge  of  said  court,  not, 
however,  to  exceed  five  dollars  for  the  probating  of  a  will  and  two 
dollars  for  proof  of  heirship.  In  all  other  cases  where  the  judge  of  said 
Probate  Court  shall  direct  the  said  reporter  to  take  stenographic  notes 
such  reporter  shall  be  allowed  to  charge  not  to  exceed  fifteen  cents  for 
each  hundred  words  for  making  a  transcript  of  same,  to  be  paid  by  the 
party  on  whose  behalf  such  transcript  is  made.  Said  reporter  shall 
have  no  other  claim  for  compensation  from  the  county  or  from  the  judge 
or  clerk  of  the  said  Probate  Court  except  as  herein  provided  for  the 
charges  for  such  transcripts  as  are  herein  authorized  to  be  taxed  as 
costs. 

§  3.     Said  reporter  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  to  the  official  oath  to  faithfully  discharge  the 
duties  of  his  office  to  the  best  of  his  knowledge  and  ability. 
Approved  June  28,  1919. 


—27  L 


418  COUETS. 


SUPREME  COURT. 


§   1.     Amends    section    11,    Act    of    1874.  §   11.     Marshall      for      Supreme 

Court — appointment  — 
duties  —  compensation. 

(House  Bill  No.  118.     Approved  Mat  14,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  the  Supreme  Court",  approved  March  23,  1874,  in  force  July  1, 
187  h,  as  amended  by  subsequent  Acts,  by  amending  section  11  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  11  of  '"'An  Act  to 
revise  the  law  in  relation  to  the  Supreme  Court",  approved  March  23, 
1874,  in  force  July  1,  1874,  and  Acts  amendatory  thereof,  be  amended 
so  as  to  read  as  follows : 

§  11.  A  marshal  for  the  Supreme  Court  is  hereby  created,  such 
marshal  to  be  selected  by  the  Supreme  Court,  and  the  duties  of  such 
marshal  shall  be  to  attend  upon  its  sittings  and  to  perform  such  other 
duties,  under  the  order  and  direction  of  the  said  court,  as  are  usually 
performed  by  sheriffs  of  courts.  The  salary  of  such  marshal  is  hereby 
fixed  in  the  sum  of  fifteen  hundred  dollars  ($1,500.00)  per  year,  pay- 
able monthly,  such  salary  to  be  paid  out  of  any  moneys  in  the  treasury, 
not  otherwise  appropriated,  upon  bills  of  particulars,  signed  by  any  one 
of  the  justices  of  the  Supreme  Court. 

Approved  May  14,  1919. 


SUPREME  COURT  DECISIONS. 
§   1.     Repeals  section  2,  Act  of  1911. 

(House  Bill  No.  156.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  to  regulate  the  reporting  of  the  decisions  of 
the  Supreme  Court  of  this  State,  to  fix  the  compensation  of  the  re- 
porter, to  fix  the  price  of  said  reports,  to  provide  for  the  purchase  of 
certain  copies  thereof  by  the  State  and  for  their  distribution,  and 
repealing  a  certain  Act  therein  named,  approved  June  5,  1911,  by 
repealing  section  two  (2)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  two  (2)  of  the  Aet 
of  June  5,  1911,  to  regulate  the  reporting  of  the  decisions  of  the 
Supreme  Court  of  this  State,  to  fix  the  price  of  said  reports,  to  provide 
for  the  purchase  of  certain  copies  thereof  by  the  State  and  for  their 
distribution,  and  to  repeal  a  certain  Act  therein  named,  reading  as 
follows : 

"Section  2.  The  reporter  shall  print  thirty-five  hundred  (3,500) 
copies  of  each  volume  of  reports  published  by  him  and  shall  sell  and  dis- 
pose of  the  same  on  his  own  account.  When  the  said  thirty-five  hundred 
(3,500)  copies  of  any  volume  published  by  him  shall  be  disposed  of,  the 
reporter  shall  certify  that  fact  under  oath  to  the  Secretary  of  State,  and 
shall  thereupon  assign  the  copyright  and  deliver  the  plates  of  said 
volume  to  the  Secretary  of  State  for  the  use  of  the  State  of  Illinois, 
without   charge  to  the   State   and   shall   thereupon   cease   to   have    any 


COURTS.  41!) 


interest  in  or  control  over  said  copyright  and  plates.  The  Secretary  of 
State  shall  thereafter  cause  such  number  of  copies  to  be  printed  and 
bound,  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  ($1.50)  per  volume,  accounting  to  the  State 
for  the  proceeds.  Such  books  as  printed  and  bound  by  the  Secretary  of 
State  as  herein  provided  shall  be  of  the  same  quality  as  those  published 
by  the  reporter,"  be,  and  the  same  is  hereby  repealed. 
Approved  June  28,  1919. 


TERMS — HENDERSON   COUNTY. 
§   1.     Amends  section  44,  Act  of  1874.  §   44.     When  held. 

(House  Bill  No.  200.     Approved  June  28,  1919.) 

An  Act  to  amend  section  4-4  of  an  Act  entitled  "An  Act  to  extend  the 
jurisdiction  of  County  Courts  and  to  regulate  the  practice  thereof,  to 
fix  the  time  for  holding  the  same,  and  to  repeal  an  Act  therein 
named"  approved  March  26th,  187 4.,  in  force  July  1,  187 4;  as  amended 
by  Act  approved  and  in  force  June  3,  1897. 

132.  Law  terms.]  Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly:  That  section 
forty  four  (44)  of  an  Act  entitled  "An  Act  to  extend  the  jurisdic- 
tion of  County  Courts  and  to  regulate  the  practice  thereof,  to  fix  the 
time  for  holding  the  same,  and  to  repeal  an  Act  therein  named"  approved 
and  in  force  June  3,  1897,  be  and  the  same  is  hereby  amended  to  read 
as  follows : 

§  44.  Henderson,  on  the  first  Monday  of  February;  the  third 
Monday  of  June,  and  the  second  Monday  of  November;  Whereas  in 
consequence  of  the  legal  business  of  said  county  of  Henderson,  a  term 
of  said  County  Court  is  required  in  the  month  of  June  A.  D.  1919,  an 
emergency  exists  and  therefore  this  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  June  28,  1919. 


TERM  OF  CIRCUIT   COURT — PULASKI   COUNTY. 

§   1.     Creates  additional  term.  §   3.     Suits,    etc.,    pending   shall   be   cog- 

nizable. 
§   2.     When   held. 

(House  Bill  No.  727.     Approved  June  29,  1919.) 

An  Act  entitled,  An  Act  to  create  an  additional  term  of  Circuit  Court 
in  the  county  of  Pulaski,  and  to  fix  the  time  of  holding  the  same. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  there  be  and  is  hereby 
created  an  additional  term  of  the  Circuit  Court  in  the  county  of  Pulaski. 

§  2.  That  said  additional  term  of  said  court  shall  be  held  on  the 
fourth  Monday  in  the  month  of  July  of  each  year :  Provided,  that  there 
shall  be  no  grand  or  petit  jury  summoned  for  said  July  term  of  said 
court,  unless  by  special  order  of  a  judge  of  said  court,  which  order  may 
be  made  either  in  term  time  or  in  vacation. 


420 


CEIMINAL   CODE. 


§  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  this  Act  takes 
effect,  shall  be  cognizable  and  triable  at  the  first  term  of  said  Circuit 
Court  after  this  Act  takes  effect. 

Approved  June  28,  1919. 


CRIMINAL  CODE. 


ADVOCATING  REFORMATION  OR  OVERTHROW  OF  GOVERNMENT. 


Adds  sections  265a.  265b.  265c. 
265d,  265e  and  265f  and  265g, 
Division  I,  Act  of   1874. 

§  265a.  Unlawful  to  advo- 
cate reformation 
or  overthrow  of 
form  of  govern- 
ment. 

§  265b.  Unlawful  to  sell  or 
distribute  litera- 
ture. 

§  265c.  Unlawful  to  organize 
society,   etc. 


§  265d.  Unlawful  to  attend 
such    meeting. 

§  265e.  Unlawful  for  owner 
of  building  to  per- 
mit same  to  be 
used  for  such 
meeting. 

§  265f.  Unlawful  to  display 
certain   emblems. 

§   265g.     Penalty. 


(House  Bill  No.  300.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled:  "An  Act  to  revise  the  law  in  relation 
to  criminal  jurisprudence,"  approved  March  21,  181k,  ™  force  July 
1,  181  k,  as  amended,  by  adding  to  Division  I  thereof  six  sections,  to  be 
known  as  sections  265a,  265b,  265c,  265d,  265e,  265f  and  265g. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled:  "An  Act  to 
revise  the  law  in  relation  to  criminal  jurisprudence,"  approved  March 
27,  1874,  in  force  July  1,  1874,  as  amended,  is  amended  by  adding  to 
Division  I  thereof,  six  new  sections,  to  be  known  as  sections  265a,  265b, 
265c,  265d,  265e,  265f  and  265g  to  read  as  follows: 

§  265a.  It  shall  be  unlawful  for  any  person  openly  to  advocate, 
by  word  of  mouth  or  writing,  the  reformation  or  overthrow,  by  violence 
or  any  other  unlawful  means,  of  the  representative  form  of  government 
now  secured  to  the  citizens  of  the  United  States  and  the  several  states 
by  the  Constitution  of  the  United  States  and  the  constitutions  of  the 
several  states. 

§  265b.  It  shall  be  unlawful  for  any  person  to  publish,  issue  or 
knowingly  sell  or  distribute  any  book,  paper,  document  or  other  written 
or  printed  matter  which  advocates  crime  and  violence,  as  a  means  of 
accomplishing  the  reformation  or  overthrow  of  the  constitutional  repre- 
sentative form  of  government  so  secured  to  the  citizens  of  the  United 
States  and  the  several  states. 

§  265c.  It  shall  be  unlawful  for  any  person  to  organize,  aid  in  the 
organization  of,  or  become  a  member  of  any  society  or  association,  the 
object  of  which  is  to  advocate  the  reformation  or  overthrow  of  the  exist- 
ing form  of  government,  by  violence  or  any  other  unlawful  means. 


CRIMINAL    CODE.  I'll 


§  265d.  It  shall  be  unlawful  for  any  person  voluntarily  and  with 
knowledge  of  the  purpose  of  such  meeting  or  assembly  to  be  present  at 
any  meeting  or  assembly  at  which  the  reformation  or  overthrow  of  the 
existing  form  of  government,  by  crime  and  violence  is  advocated. 

§  265e.  It  shall  be  unlawful  for  any  person  owning,  possessing  or 
controlling  the  use  of  any  room,  building  or  other  premises,  knowingly 
to  permit  the  same  to  be  used  as  the  headquarters  of  any  organization 
which  advocates  crime  and  violence  or  as  a  meeting  place  for  any  meet- 
ing or  assembly  at  which  crime  and  violence  is  advocated,  as  a  means 
of  accomplishing  the  reformation  or  overthrow  of  the  existing  form  of 
government. 

§  265f.  It  shall  be  unlawful  to  display  or  exhibit  at  any  meeting, 
gathering  or  parade,  public  or  private,  any  flag,  banner,  emblem  or 
other  insignia,  symbolizing  or  intending  to  symbolize  a  purpose  to  over- 
throw by  force  or  violence  or  by  physical  injury  to  person  or  property 
of  the  representative  form  of  government  now  secured  to  the  citizens  of 
the  United  States  and  the  several  states  by  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  State  of  Illinois. 

§  265g.  Any  person  who  shall  violate  sections  265a,  ,265b,  265c 
or  265f  of  this  Act  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
therefor  shall  be  punished  by  imprisonment  in  the  penitentiary  for  a 
period  of  not  less  than  one  year  nor  more  than  ten  years.  Any  person 
who  shall  violate  sections  265d  and  265e  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  therefor  shall  be  punished 
by  a  fine  of  not  less  than  five  hundred  dollars  ($500.00)  nor  more  than 
one  thousand  dollars  ($1,000.00.),  or  by  imprisonment  in  the  county  jail 
for  a  period  of  not  less  than  six  months  nor  more  than  one  year,  or  both. 

Approved  June  28,  1919. 


BAIL — RECOGNIZANCE. 

§   1.     Amends  sections   8,   9   and   10,   Di-  §      9.     Recognizance      entered 

vision   III,   Act   of    1874.  into   voluntarily. 

§      8.     Who  may  examine  bail.  §   10.     To      be      delivered      to 

clerk  of   court — liens 
terminated. 

(Senate  Bill  No.  105.     Approved  June  28,   1919.) 

An  Act  to  amend  sections  8,  9  and  10  of  Division  III  of  an  Act 
entitled,  "An  Act  to  revise  the  law  in  relation  to  criminal  jurispru- 
dence," approved  March  27,  181k,  in  force  July  1,  181k,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  8,  9  and  10  of  Division 
III  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,  are  amended  to  read  as  follows : 

§  8.  The  court,  judge,  justice  of  the  peace  or  officer  may  examine 
the  bail,  on  oath,  touching  their  sufficiency,  and  may  receive  other  evi- 
dence for  or  against  the  same,  in  such  manner  as  he  may  deem  proper. 

§  9.  Every  recognizance  taken  or  attempted  to  be  taken  in  pur- 
suance of  this  Act,  shall,  by  all   courts  in  this   State,  be  held   and 


422 


CEIMINAL    CODE. 


adjudged  to  have  been  entered  into  voluntarily,  and  shall  not  be  set  aside 
or  adjudged  insufficient  for  want  of  form,  either  in  the  recognizance 
or  in  the  certificate  of  the  officer  taking  the  same. 

§  10.  All  recognizances  taken  in  criminal  cases  shall  be  delivered 
to  the  clerk  of  the  court  before  which  the  accused  or  witness  is  bound 
to  appear,  on  or  before  the  day  mentioned  in  such  recognizance  for 
his  appearance. 

The  lien  of  every  such  recognizance  existing  by  virtue  of  the  pro- 
visions of  an  Act  entitled  "An  Act  to  amend  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  criminal  jurisprudence/  approved  March 
27,  1874,  in  force  July  1,  1874,  as  subsequently  amended,  by  amending 
sections  7,  8,  9  and  10  of  Division  III  thereof,"  in  force  July  1,  1917, 
is  hereby  terminated  except  in  cases  where  such  recognizances  have  been 
heretofore  reduced  to  judgment. 

Appboyed  June  28,  1919. 


BASTARDY. 


1.     Amends  sections  1,   3.   4,   8,   11,   16 
and   18,  Act  of   1872. 

§     1.     Complaint    of    mother. 

§      3.     Examination — bail.    . 

§      4.     Trial. 


§  11.     Default  of  payment. 

§   16.     Limitation. 

§  18.  Mother  of  bastard  may 
release  reputed 
father. 


§      8.     AA7hen       judgment       is 
against   defendant. 

(House  Bill,  No.   745.     Approved  June  28,   1919.) 

An  Act  to  amend  sections  1,  8,  I±,  8,  11,  16  and  IS  of  an  Act  entitled: 
"An  Act  concerning  bastardy/'  approved  April  3,  1812,  in  force  July 
1,  1872,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  1,  3,  4,  8,  11,  16  and 
18  of  an  Act  entitled,  "An  x\ct  concerning  bastardy,"  approved  April 
3,  1872,  in  force  July  1,  1872,  as  amended,  are  amended  to  read  as 
follows : 

§  1.  When  a  woman  who  shall  be  pregnant,  or  delivered  of  a 
child,  which,  by  law,  would  be  deemed  a  bastard,  shall  make  complaint 
to  a  justice  of  the  peace  or  judge  of  a  court  having  jurisdiction  herein, 
in  the  county  where  she  may  be  so  pregnant  or  delivered,  or  the  person 
accused  may  be  found,  and  shall  accuse,  under  oath  or  affirmation,  a 
person  with  being  the  father  of  such  child,  it  shall  be  the  duty  of  such 
justice  or  judge  to  issue  a  warrant  against  the  person  so  accused  and 
cause  him  to  be  brought  forthwith  before  him,  or  in  his  absence,  any 
other  justice  of  the  peace  or  judge  in  such  county. 

§  3.  Upon  his  appearance,  it  shall  be  the  duty  of  said  justice  or 
judge  to  examine  the  woman,  upon  oath  or  affirmation,  in  the  presence 
of  the  man  alleged  to  be  the  father  of  the  child,  touching  the  charge 
against  him.  The  defendant  shall  have  the  right  to  controvert  such 
charge,  and  evidence  may  be  heard,  as  in  cases  of  trials  before  the 
County  Court.     If  the  justice  or  judge  shall  be  of  the  opinion  that 


CRIMINAL   CODE.  423 


sufficient  cause  appears,  it  shall  be  his  duty  to  bind  the  person  so  accused, 
in  bond,  with  sufficient  security,  to  appear  at  the  next  term  of  the  court 
having  jurisdiction  herein,  in  such  county,  to  answer  such  charge,  to 
which  court  said  warrant  and  bond  shall  be  returned.  On  neglect  or 
refusal  to  give  bond  and  security,  the  justice  or  judge  shall  cause  such 
person  to  be  committed  to  the  jail  of  the  county,  there  to  be  held  to 
answer  the  complaint. 

§  4.  The  court  having  jurisdiction  of  cases  coming  within  the 
terms  of  an  Act  entitled,  "An  Act  relating  to  children  who  are  or  may 
hereafter  become  dependent,  neglected  or  delinquent,  to  define  these 
terms  and  to  provide  for  the  treatment,  control,  maintenance,  adoption 
and  guardianship  of  the  persons  of  such  children",  approved  April  21, 
1899,  in  force  July  1,  1899,  as  amended,  shall,  with  other  courts  of 
competent  jurisdiction,  have  jurisdiction  in  the  trial  of  all  cases  arising 
under  the  terms  of  this  Act.  The  said  court,  at  its  next  term,  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. 
When  the  person  charged  appears  and  denies  the  charge,  he  shall  have 
a  right  to  controvert,  by  all  legal  evidence,  the  truth  of  said  charge. 

§  8.  In  case  the  issue  is  found  against  the  defendant  or  reputed 
father,  or  whenever  he  shall,  in  open  court,  have  confessed  the  truth  of 
the  charge  against  him,  he  shall  be  condemned  by  the  order  and  judg- 
ment of  the  court  to  pay  a  sum  of  money  not  exceeding  two  hundred 
dollars  for  the  first  year  after  the  birth  of  such  child,  and  a  sum  not 
exceeding  one  hundred  dollars  yearly,  for  nine  years  succeeding  said 
first  year,  for  the  support,  maintenance  and  education  of  such  child,  and 
shall,  moreover,  be  adjudged  to  pay  all  the  costs  of  the  prosecution,  for 
which  costs  execution  shall  issue  as  in  other  cases.  And  the  said  reputed 
father  shall  be  required  by  said  court  to  give  bond  with  sufficient 
security,  to  be  approved  by  the  judge  of  said  court,  for  the  payment  of 
such  sum  of  money  as  shall  be  ordered  by  said  court,  as  aforesaid; 
which  said  bond  shall  be  made  payable  to  the  people  of  the  State  of 
Illinois,  and  conditioned  for  the  due  and  faithful  payment  of  said 
yearly  sum,  in  equal  quarterly  installments,  to  the  clerk  of  said  court, 
which  bond  shall  be  filed  and  preserved  by  the  clerk  of  said  court. 

§  11.  Whenever  default  shall  be  made  in  the  payment  of  an  in- 
stallment, or  any  part  thereof,  mentioned  in  the  bond  provided  for  in 
the  foregoing  section,  the  judge  of  the  court  wherein  such  bond  is  filed 
shall,  at  the  request  of  the  mother  or  guardian  or  any  other  person 
interested  in  the  support  of  such  child,  issue  a  citation  to  the  principal 
and  sureties  in  said  bond,  requiring  them  to  appear  on  some  day,  in 
said  citation  mentioned,  during  the  next  term  of  said  court  and  show 
cause,  if  .any  they  have,  why  execution  should  not  issue  against  them 
for  the  amount  of  the  installment  or  installments  due  and  unpaid  on 
said  bond,  which  said  citation  shall  be  served  by  any  sheriff  or  con- 
stable of  the  county  in  which  such  principal  or  sureties  reside  or  may 
be  found,  at  least  five  days  before  the  term  day  thereof.  And  if  the 
amount  due  on  such  installment  or  installments  shall  not  be  paid  at  or 
before  the  time  mentioned  for  showing  cause,  as  aforesaid,  the  said 


424  CRIMINAL    CODE. 


judge  shall  render  judgment  in  favor  of  the  people  of  the  State  of 
Illinois,  against  the  principal  and  sureties  who  have  been  served  with 
said  citation,  for  the  amount  unpaid  on  the  installment  or  installments 
due  on  said  bond,  and  the  costs  of  said  proceeding;  and  execution  shall 
issue  from  said  court  against  the  goods  and  chattels  of  the  person  or 
persons  against  whom  said  judgments  shall  be  rendered,  for  the  amount 
of  said  judgement  and  costs,  to  the  sheriff  of  any  county  in  the  State 
where  the  parties  to  said  judgment,  or  either  of  them,  reside  or  have 
property  subject  to  such  execution. 

§  16.  No  prosecution  under  this  Act  shall  be  brought  after  two 
years  from  the  birth  of  such  child:  Provided,  that  where  the  reputed 
father  has  acknowledged  in  open  court  the  paternity  of  the  child,  then, 
and  in  such  case,  prosecution  may  be  brought  at  any  time  within  two 
years  from  the  last  time  such  acknowledgment  of  paternity  by  the  re- 
puted father  was  made :  Provided,  further  that  the  time  any  person 
accused  shall  be  absent  from  the  State  shall  not  be  computed. 

§  18.  The  mother  of  a  bastard  child,  before  or  after  its  birth,  may 
release  the  reputed  father  of  such  child  from  all  legal  liability  on 
account  of  such  bastardy,  upon  such  terms  as  may  be  consented  to  in 
writing  by  the  judge  of  the  court  having  jurisdiction  herein  of  the 
county  in  which  such  mother  resides :  Provided,  a  release  obtained 
from  such  mother  in  consideration  of  a  payment  to  her  of  a  sum  of 
money  less  than  eight  hundred  dollars  in  the  absence  of  the  written 
consent  of  the  judge  of  the  court  having  jurisdiction  herein,  shall  not 
be  a  bar  to  a  suit  for  bastardy  against  such  father,  but  if,  after  such 
release  is  obtained,  suit  be  instituted  against  such  father  and  the  issue 
be  found  against  him,  he  shall  be  entitled  to  a  set-off  for  the  amount  so 
paid,  and  it  shall  be  accredited  to  him  as  of  the  first  payment  or  pay- 
ments: And,  provided,  further,  that  such  father  may  compromise  all 
his  legal  liability  on  account  of  such  bastard  child,  with  the  mother 
thereof,  without  the  written  consent  of  such  judge,  by  paying  to  her  any 
sum  not  less  than  eight  hundred  dollars. 

Approved  June  28,  1919. 


CIRCULATING  PAPERS   SIMULATING   COURT   PROCESS. 
§   1.     Penalty  for. 

(House  Bill  No.  63  5.     Approved  June  28,  1919.) 

An  Act  to  define  and  'punish  the  offense  of  circulating  papers  simu- 
lating court  process. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  any  person,  firm  or  corpo- 
ration who  shall  send,  deliver  or  mail,  or  in  any  manner  shall  cause  to 
be  sent,  delivered  or  mailed,  any  paper  or  document  simulating  or  in- 
tended to  simulate  a  summons,  complaint,  writ  or  other  court  process 
of  any  kind,  to  any  person,  firm  or  corporation,  shall  be  guilty  of  a 
misdemeanor,  and,  upon   conviction,   shall  be  fined  not  less  than  ten 


CRIMINAL   CODE.  425 


dollars   ($10.00),  nor  more  than  three  hundred  dollars   ($300.00),  or 
imprisoned  not  more  than  six  months,  or  both. 
Approved  June  28,  1919. 


CONSPIRACIES. 

§   1.     Amends  section  46,  Division  I,  Act  §   46.     Against        people        of 

of   1874.  State,    municipalities, 

etc. — penalty. 

(Senate  Bill  No.  573.     Approved  June  20,   1919.) 

An  Act  to  amend  section  46  of  Division  1  of  "An  Act  to  revise  the  law 
in  relation  to  criminal  jurisprudence,"  approved  March  27,  1874,  in 
force  July  1,  1874,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  46  of  Division  1  of  "An 
Act  to  revise  the  law  in  relation  to  criminal  jurisprudence,"  approved 
March  27,  1874,  in  force  July  1,  1874,  as  amended,  is  amended  to  read 
as  follows : 

§  46.  If  any  two  or  more  persons  conspire  or  agree  together,  or 
the  officers  or  executive  committee  of  any  society  or  organization  or  cor- 
poration, shall  issue  or  utter  any  circular  or  edict,  as  the  action  of  or 
instruction  to  its  members,  or  any  other  persons,  societies,  organizations, 
or  corporations,  for  the  purpose  of  establishing  a  so-called  boycott  or 
black  list,  or  shall  post  or  distribute  any  written  or  printed  notice  in 
any  place,  with  the  fraudulent  or  malicious  intent  wrongfully  and 
wickedly  to  injure  the  person,  character,  business  or  employment,  or 
property  of  another,  or  to  obtain  money  or  other  property  by  false 
pretenses,  or  to  do  any  illegal  act  injurious  to  the  public  trade,  health, 
morals,  police,  or  administration  of  public  justice,  or  to  prevent  competi- 
tion in  the  letting  of  any  contract  by  the  State,  or  the  authorities  of  any 
counties,  city,  town  or  village,  or  to  induce  any  person  not  to  enter 
into  such  competition,  or  to  commit  any  felony,  they  shall  be  deemed 
guilty  of  a  conspiracy;  and  every  such  offender,  whether  as  individuals 
or  as  the  officers  of  any  society  or  organization,  and  every  person  con- 
victed of  conspiracy  at  common  law,  shall  be  imprisoned  in  the  peni- 
tentiary not  exceeding  five  years,  or  fined  not  exceeding  $2,000,  or  both. 

Associations,  corporate  or  otherwise,  of  farmers,  gardners  [gard- 
eners] or  dairymen,  including  livestock  farmers  and  fruit  growers, 
engaged,  in  making  collective  sales  or  marketing  for  its  members  or 
shareholders  of  farm,  orchard  or  dairy  products,  produced  by  its  mem- 
bers or  shareholders  are  not  conspiracies,  contracts,  agreements,  ar- 
rangement of  [or]  combinations  made  by  such  associations  or  the 
members,  officers  or  directors  thereof  in  making  such  collective  sales 
and  marketing  and  prescribing  the  terms  and  conditions  thereof  are 
not  conspiracies  and  they  shall  not  be  construed  to  be  injurious  to  the 
public  trade. 

Approved  June  30,  1919. 


426 


CRIMINAL   CODE. 


CONSPIRACIES. 
§   1.     Amends   section   1,  Act  of   1877.  §   1.     Penalty. 

(House  Bill  No.  622.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  define  and  punish  con- 
spiracies in  the  State  of  Illinois/''  approved  April  19,  1877,  in  force 
July  1,  1877,  by  amending  section  one  (1)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  an  Act  entitled,  "An  Act 
to  define  and  punish  conspiracies  in  the  State  of  Illinois,"  approved 
April  19,  1877,  in  force  July  1,  1877,  be  and  is  hereby  amended  by 
amending  section  one  (1)  thereof  to  read  as  follows: 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  if  two  or  more  persons  conspire 
either  to  commit  any  offense  against  the  State  of  Illinois,  or  any  county, 
incorporated  city,  village,  town  or  township  thereof,  or  to  defraud  the 
State  of  Illinois,  or  any  count}',  incorporated  city,  village,  town  or 
township  thereof,  in  any  manner,  or  for  any  purpose,  and  one  or  more 
of  such  parties,  do  any  act  to  effect  [affect]  the  object  of  the  conspiracy, 
all  parties  to  such  conspiracy  shall  be  liable  to  a  penalty  of  not  less  than 
one  hundred  dollars,  and  not  more  than  five  thousand  dollars,  and  to  be 
imprisoned  in  the  penitentiary  for  a  term  of  not  less  than  one  year  nor 
more  than  two  years  or  imprisonment  in  the  county  jail  for  any  period 
not  exceeding  two  years.  Provided,  however,  this  Act  shall  not  be  con- 
strued to  modify  or  repeal  any  other  law  in  force  in  this  State. 
Approved  June  28,  1919. 


CRIMINAL,  JURISPRUDENCE. 


1.     Amends    sections    therein    named, 
Act   of    1874. 


Division  I. 

§  6.  Advertising-  abortifa- 
cient  drugs — pen- 
alty. 

§  16.  Attempt  to  commit 
arson — penalty. 

§  33.  Bribery  of  judicial 
officers — penalty. 

§  46.  Conspiracy  against 
people  of  State, 
municipalities,  etc. 
— penalty. 

§  47.  Crime  against  nature 
— penalty. 

§  49.  Criminal  carelessness 
of  common  carrier 
— penalty. 

§  53.  Cruelty  to  children 
and  others — pen- 
alty. 


§      94. 
§   119. 

§   120. 

§   156. 
§    157. 


Rescue  of  prisoner 
charged  with  high 
crime  before  con- 
viction— penalty. 

False   heir — penalty. 

Issuing  fraudulent 
stock — penalty. 

Signing  with  intent 
to  issue  fraudulent 
stock — penalty. 

Incest  —  father  with_ 
daughter  —  penalty. 

Incest — of  relatives — 
penalty. 


§   166.     Kidnaping — penalty. 

§   166%. Carrying  away  infant 
— penalty. 

§   169.     Larceny — second      of- 
fense— penalty. 

§   230.     Poisoning — penalty. 


CRIMINAL 

CODE. 

427 

CRIMINAL  JURISPRUDENCE 

— Concluded. 

§   234. 

Prize       f  ightin  g — 
leaving  the  State  to 
fight — penalty. 

§   265.     Misprision    of    treason 
— penalty. 

§    246. 
§    256. 

Robbery — definition — 
penalty. 

Injuries  to  property — 
penalty. 

Division  II. 

§  4.     Accessories      after      the 
fact — penalty. 

(House  Bill  No.  621.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled  "An  Act  to  revise  the  law  in  relation 
to  criminal  jurisprudence"  approved  March  27,  1874,  in  force  July 
1,  1814,  as  subsequently  amended  by  amending  sections  six  (6),  six- 
teen (16),  thirty-three  (33),  forty-six  (46),  forty-seven  (47),  forty- 
nine  (49),  fifty-three  (53),  eighty-seven  (87),  ninety-four  (94),  one 
hundred  and  nineteen  (119),  one  hundred  and  twenty  (120),  one 
hundred  and  fifty-six  (156),  one  hundred  and  fifty-seven  (157) ,  one 
hundred  and  sixty-six  (166),  one  hundred  and  sixty-six  and  one-half 
(1661/2),  one  hundred  and  sixty-nine  (169),  two  hundred  and  thirty 
(230),  two  hundred  and  thirty-four  (234) ,  two  hundred  and  forty-six 
(246),  two  hundred  and  fifty-six  (256) ,  two  hundred  and  sixty-five 
(265),  of  Division  I  thereof  and  by  amending  section  four  (4)  of 
Division  II  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  .an  Act  entitled  "An  Act 
to  revise  the  law  in  relation  to  criminal  jurisprudence"  approved  March 
27,  1874,  in  force  July  1,  1874,  as  subsequently  amended,  be  and  is 
hereby  amended  by  amending  sections  six  (6),  sixteen  (16),  thirty-three 
(33),  forty-six  (46),  forty-seven  (47),  forty-nine  (49),  fifty-three  (53), 
eighty-seven  (87),  ninety-four  (94),  one  hundred  and  nineteen  (119), 
one  hundred  and  twenty  (120),  one  hundred  and  fifty-six  (156),  one 
hundred  and  fifty-seven  (157),  one  hundred  and  sixty-six  (166),  one 
hundred  and  sixty-six  and  one-half  (166%),  one  hundred  and  sixty-nine 
(169),  two  hundred  and  thirty  (230),  two  hundred  and  thirty-four 
(234),  two  hundred  and  forty-six  (246),  two  hundred  and  fifty-six 
(256),  two  hundred  and  sixty-five  (265),  of  Division  I  thereof  and  by 
amending  section  four  (4)  of  Division  II  thereof,  to  read  as  follows: 

Division  I. 

§  6.  Whoever  advertises,  prints,  publishes,  distributes  or  circu- 
lates, or  causes  to  be  advertised,  printed,  published,  distributed  or 
circulated  any  pamphlet,  printed  paper,  book,  newspaper,  notice,  adver- 
tisement or  reference,  containing  words  or  language  giving  or  conveying 
any  notice,  hint  or  reference  to  any  person,  or  to  the  name  of  any  person, 
real  or  fictitious,  from  whom,  or  to  any  place,  house,  shop  or  office 
where  any  poison,  drug,  mixture,  preparation,  medicine,  or  noxious 
thing,  or  any  instrument  or  means  whatever,  or  any  advice,  information, 
direction  or  knowledge  may  be  obtained  for  the  purpose  of  causing  or 
procuring  the  miscarriage  of  any  woman  pregnant  with  child,  shall  be 


428  CEIMINAL    CODE. 


punished  by  imprisonment  in  the  penitentiary  for  a  period  of  not  less 
than  one  year  nor  more  than  three  years,  or  fine  not  exceeding  $1,000. 

§  16.  Whoever  wilfully  or  maliciously  sets  fire  to,  or  attempts  to 
set  fire  to  any  of  the  buildings  or  other  property  mentioned  in  sections 
13,  14  and  15  of  this  Act,  with  intent  to  burn  or  destroy  the  same,  shall 
be  imprisoned  in  the  penitentiary  for  a  term  of  not  less  than  one  year 
nor  more  than  two  years,  and  fined  not  exceeding  $5,000. 

§  33.  Whoever  corrupts,  or  attempts,  directly  or  indirectly,  to 
corrupt  any  master  in  chancery,  auditor,  juror,  arbitrator,  umpire  or 
referee,  by  giving,  offering  or  promising  any  gift  or  gratuity  whatever, 
with  intent  to  bias  the  opinion,  or  influence  the  decision  of  such  master 
in  chancery,  auditor,  juror,  arbitrator,  umpire  or  referee,  in  relation  to 
any  matter  pending  in  the  court,  or  before  an  inquest,  or  for  the  decision 
of  which  such  arbitrator,  umpire  or  referee  has  been  chosen  or  ap- 
pointed, and  every  such  official  who  receives,  or  offers,  or  agrees  to 
receive  a  bribe  in  any  of  the  cases  above  mentioned,  shall  be  imprisoned 
in  the  penitentiary  for  a  term  of  not  less  than  one  year  and  not  more 
than  five  years,  or  fined  not  exceeding  $1,000  and  confined  in  the  county 
jail  not  exceeding  one  year. 

§  46.  If  any  two  or  more  persons  conspire  or  agree  together,  or 
the  officers  or  executive  committee  of  any  society  or  organization  or 
corporation,  shall  issue  or  utter  any  circular  or  edit,  as  the  action  of  or 
instruction  to  its  members,  or  any  other  persons,  societies,  organizations, 
or  corporations,  for  the  purpose  of  establishing  a  so-called  boycott  or 
black  list,  or  shall  post  or  distribute  any  written  or  printed  notice  in  any 
place,  with  the  fraudulent  or  malicious  intent  wrongfully  and  wickedly 
to  injure  the  jDerson,  character,  business,  or  employment,  or  property  of 
another,  or  to  obtain  money  or  other  property  by  false  pretenses,  or  to 
do  any  illegal  act  injurious  to  the  public  trade,  health,  morals,  police, 
or  administration  of  public  justice  or  to  prevent  competition  in  the 
letting  of  any  contract  by  the  State,  or  the  authorities  of  any  counties, 
city,  town  or  village,  or  to  induce  any  person  not  to  enter  ino  such 
competition,  or  to  commit  any  felony,  they  shall  be  deemed  guilty  of  a 
conspiracy;  and  every  such  offender,  whether  as  individuals  or  as  the 
officers  of  any  society  or  organization,  and  every  person  convicted  of 
conspiracy  at  common  law,  shall  be  fined  not  exceeding  $2,000  or  shall 
be  imprisoned  in  the  county  jail  not  exceeding  one  year,  or  shall  be 
imprisoned  in  the  penitentiary  for  a  term  of  not  less  than  one  year  and 
not  exceeding  five  years,  or  may  be  so  fined  and  so  imprisoned  in  the 
county  jail  or  penitentiary. 

§  47.  The  infamous  crime  against  nature,  either  with  man  or 
beast,  shall  subject  the  offender  to  be  punished  by  imprisonment  in  the 
penitentiary  for  a  term  of  not  less  than  one  year  and  not  more  than  ten 
years. 

§  49.  Whoever,  having  personal  management  or  control  of  or  over 
any  steamboat  or  other  public  conveyance  used  for  the  common  carriage 
of  persons,  is  guilty  of  gross  carelessness  or  neglect  in,  or  in  relation 
to,  the  conduct,  management  or  control  of  such  steamboat,  or  other 
public  conveyance,  while  being  so  used,  for  the   common  carriage  of 


CKIMINAL   CODE.  429 


persons,  whereby  the  safety  of  auy  person  shall  be  endangered,  shall  be 
imprisoned  in  the  penitentiary  for  a  term  of  not  less  than  one  year  and 
not  exceeding  three  years,  or  fined  not  exceeding  $5,000. 

§  53.  Any  person  who  shall  wilfully  and  unnecessarily  expose  to 
the  inclemency  of  the  weather,  or  shall  in  any  other  manner  injure  in 
health  or  limb,  any  child,  apprentice,  or  other  person  under  his  legal 
control,  shall  be  fined  not  exceeding  $500,  or  imprisoned  in  the  peni- 
tentiary for  a  term  of  not  less  than  one  year  and  not  exceeding  five 
years. 

§  87.  Whoever  sets  at  liberty  or  rescues,  or  attempts  to  set  at 
liberty  or  rescue,  a  person  charged  with  the  commission  of  any  capital 
offense  or  crime  punishable  by  imprisonment  in  the  penitentiary,  before 
the  conviction  of  such  person,  shall  be  imprisoned  in  the  penitentiary 
for  a  term  of  not  less  than  one  year  and  not  exceeding  five  years,  and 
fined  not  exceeding  $1,000. 

§  94.  Every  person  who  shall  fraudulently  produce  an  infant, 
falsely  pretending  it  to  have  been  born  of  parents  whose  child  would  be 
entitled  to  a  share  of  any  personal  estate,  or  to  inherit  any  real  estate, 
with  the  intent  of  intercepting  the  inheritance  of  any  such  real  estate,  or 
the  distribution  of  any  such  personal  property  from  any  person  lawfully 
entitled  thereto,  shall  be  imprisoned  in  the  penitentiary  for  a  term  of 
not  less  than  one  year  and  not  exceeding  ten  years. 

§  119.  Every  president,  cashier,  treasurer,  secretary  or  other  offi- 
cer, and  every  agent,  attorney,  servant  or  employee  of  any  bank,  railroad, 
manufacturing  or  other  corporation,  and  every  other  person  who  shall, 
knowingly  and  designedly,  and  with  intent  to  defraud  any  person,  bank, 
railroad,  manufacturing  or  other  corporation,  issue,  sell,  transfer,  assign 
or  pledge,  or  cause  or  procure  to  be  issued,  sold,  transferred,  assigned  or 
pledged,  any  false,  fraudulent  or  simulated  certificate  or  other  evidence 
of  ownership  of  any  share  or  shares  of  the  capital  stock  of  any  bank, 
railroad,  manufacturing  or  other  corporation,  shall  be  punished  by  a  fine 
not  exceeding  $2,000,  and  by  imprisonment  in  the  penitentiary  for  a 
term  of  not  less  than  one  year  nor  more  than  ten  years. 

§  120.  Every  president,  cashier,  treasurer,  secretary  or  other  offi- 
cer, and  every  agent  of  any  bank,  railroad,  manufacturing  or  other 
corporation,  who  shall  wilfully  and  designedly  sign,  with  intent  to 
issue,  sell,  pledge,  or  cause  to  be  issued,  sold  or  pledged,  any  false,  fraudu- 
lent or  simulated  certificate  or  other  evidence  of  the  ownership  or 
transfer  of  any  share  or  shares  of  the  capital  stock  of  such  corporation, 
or  any  instrument  purporting  to  be  a  certificate  or  other  evidence  of 
such  ownership  or  transfer,  the  signing,  issuing,  selling  or  pledging  of 
which  by  such  president,  cashier,  treasurer  or  other  officer  or  agent, 
shall  not  be  authorized  by  the  charter  and  hy-laws  of  such  corporations, 
or  by  some  amendment  thereof,  shall  be  punished  by  fine  not  exceeding 
$2,000,  and  by  imprisonment  in  the  penitentiary  for  a  term  of  not  less 
than  one  year  nor  more  than  ten  years. 

§  156.  If  a  father  shall  rudely  and  licentiously  cohabit  with  hi? 
own  daughter,  the  father  shall  be  imprisoned  in  the  penitentiary  for  a 
term  of  not  less  than  one  year  and  not  exceeding  twenty  years. 


430  CRIMINAL    CODE. 


§  157.  Persons  within  the  degrees  of  consanguinity  within  which 
marriages  are  declared  by  law  to  be  incestuous  and  void,  who  shall  inter- 
marry with  each  other,  or  who  shall  commit  adultery  or  fornication  with 
each  other,  or  who  shall  lewdly  and  lasciviously  cohabit  with  each  other, 
shall  be  imprisoned  in  the  penitentiary  for  a  term  of  not  less  than  one 
year  and  not  exceeding  ten  years. 

§  166.  Whoever  wilfully  and  without  lawful  authority  forcibly  or 
secretly  confines  or  imprisons  any  other  person  within  this  State  against 
his  will,  or  forcibly  carries  or  sends  such  person  out  of  the  State,  or 
forcibly  seizes  or  confines,  or  inveigles,  or  kidnaps  any  other  person,  with 
the  intent  to  cause  such  person  to  be  secretly  confined  or  imprisoned  in 
this  State  against  his  will,  or  to  cause  such  person  to  be  sent  out  of  the 
State  against  his  will,  shall  be  imprisoned  in  the  penitentiary  for  a  term 
of  not  less  than  one  year  and  not  exceeding  five  years,  or  fined  not 
exceeding  $1,000,  or  both.  This  section  shall  not  extend  to  a  parent 
taking  his  or  her  minor  child,  unless  such  parent  is  deprived  of  the 
right  to  have  the  custody  of  such  child  by  the  order  of  a  court  of  com- 
petent jurisdiction. 

§  166y2.  Whoever  wilfully  and  without  authority  forcibly  takes  or 
carries  or  entices  away'  any  infant  under  the  age  of  twelve  years,  without 
the  consent  of  the  parent,  guardian  or  lawful  custodian  of  such  child, 
with  intent  to  conceal  or  imprison  such  infant,  or  whoever  wilfully 
and  without  authority  conceals  or  imprisons  an  infant  under  the  age  of 
twelve  years,  without  the  consent  of  the  parent  or  guardian  or  lawful 
custodian  of  such  infant,  shall,  upon  conviction,  be  imprisoned  in  the 
penitentiary  for  his  or  her  natural  life,  or  for  any  number  of  years  not 
less  than  one  year. 

§  169.  In  case  of  a  second  couviction  of  the  offense  of  petty  larceny 
by  any  person  over  the  age  of  eighteen  years,  the  punishment  shall  be 
by  imprisonment  in  the  penitentiary  for  a  term  of  not  less  than  one  year 
and  not  exceeding  three  years;  and  on  the  trial  under  an  indictment 
for  petty  larceny,  a  duly  certified  copy  of  the  record  of  a  former  con- 
viction and  judgment  of  any  court  of  record  in  this  State,  for  a  like 
offense  against  the  party  indicted,  shall  be  prima  facie  evidence  of  such 
former  conviction,  and  may  be  used  in  evidence  against  such  party: 
Provided,  that  such  former  conviction  and  judgment  shall  be  set  forth 
in  apt  words  in  the  indictment. 

§  230.  Whoever  wilfully  and  maliciously  administers  or  causes  to 
be  administered  or  taken  by  any  person,  any  noxious  or  destructive  sub- 
stance or  liquid,  with  intent  to  cause  the  death  of  such  person,  or  mingles 
any  poison  with  food,  drink  or  medicine,  or  wilfully  poisons  any  spring, 
well  or  reservoir  of  water,  with  such  intent,  shall  be  imprisoned  in  the 
penitentiary  for  a  term  of  not  less  than  one  year  and  not  exceeding 
twenty  years. 

§  234.  Whoever,  being  an  inhabitant  or  resident  of  this  State,  by 
previous  appointment  or  engagement  made  therein,  leaves  the  State  and 
engages  in  a  fight  with  another  person  without  the  limits  thereof,  shall 
be  imprisoned  in  the  penitentiary  for  a  term  of  not  less  than  one  year 
and  not  exceeding  five  years,  or  fined  not  exceeding  $5,000. 


CRIMINAL   CODE.  431 


§  246.  Kobbery  is  the  felonious  and  violent  taking  of  money,  goods 
or  other  valuable  thing,  from  the  person  of  another  by  force  or  intimida- 
tion. Every  person  guilty  of  robbery  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  three  years  nor  more  than  twenty  years ;  or  if  he  is 
armed  with  a  dangerous  weapon,  or  being  so  armed,  he  wounds  or  strikes 
him,  or  if  he  has  any  confederate  present  so  armed,  to  aid  or  abet  him, 
he  shall  be  imprisoned  in  the  penitentiary  for  any  term  of  years  not  less 
than  ten  years  or  for  life. 

§  256.  If  any  persons  thus  unlawfully  and  riotously  assembled, 
pull  down  or  begin  to  pull  down  or  destroy  any  dwelling  house,  building, 
ship  or  vessel,  or  perpetrate  any  premeditated  injury,  not  a  felony,  on 
any  person,  such  person  or  persons  so  offending  shall  be  imprisoned  in 
the  penitentiary  for  a  term  of  not  less  than  one  year  nor  more  than  five 
years,  or  fined  not  exceeding  $500,  and  shall  also  be  liable  to  any  person 
injured  in  an  action  of  trespass  to  the  full  amount  of  damages  by  him 
sustained. 

§  265.  Misprisons  of  treason  shall  consist  in  the  knowledge  and 
concealment  of  treason,  without  otherwise  assenting  to  or  participating 
in  the  crime.  Any  person  found  guilty  thereof  shall  be  imprisoned  in 
the  penitentiary  for  a  term  of  not  less  than  one  year  and  not  more  than 
two  years. 

Division  II. 

§  4.  Every  person  not  standing  in  the  relation  of  husband  or  wife, 
parent  or  child,  brother  or  sister  to  the  offender,  who  knows  the  fact 
that  a  crime  has  been  committed,  and  conceals  it  from  the  magistrate, 
or  who  harbors,  conceals,  maintains  or  assists  any  principal  felon,  or 
any  accessory  before  the  fact,  knowing  him  to  be  such,  shall  be  deemed 
an  accessory  after  the  fact,  and  shall  be  punished  by  imprisonment  in 
the  penitentiary  for  a  term  of  not  less  than  one  year  and  not  exceeding 
two  years,  and  fined  not  exceeding  $500. 

Approved  June  28,  1919. 


DEADLY  WEAPONS — REVISION. 

§   1.     Having  in  possession  or  selling.  §   5.     To  whom  not  to  apply. 

§    2.     Selling  or  giving  to  minor.  §   G.     Violation — penalty. 

§   3.     Register   to   be   kept — form.  §   7.     Who    guilty   of   felony — penalty. 

§   4.     Carrying  concealed  weapons  with-        §   8.     Repeal, 
out    1  i  c  e  n  s  e — application    for 
license. 

(Senate  Bill  No.    92.     Filed  July   11,   1919.) 

An  Act  to  revise  the  law  in  relation  to  deadly  weapons. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  It  shall  be  unlawful  for  any 
person  to  carry  or  possess  or  sell,  loan  or  give,  to  any  person,  any  black- 
jack, slung-shot,  sand-club,  sand-bag,  metal  knuckles,  bludgeon,  or  to 
carry  or  possess,' with  intent  to  use  the  same  unlawfully  against  another, 
a  dagger,  dirk,  billy,  dangerous  knife,  razor,  stiletto  or  any  other  dang- 
erous or  deadly  weapon  or  instrument  of  like  character. 


432 


CEIMINAL    CODE. 


§  2.  It  shall  be  unlawful  for  any  person,  not  being  the  father, 
guardian  or  employer  of  the  minor  herein  named,  by  himself  or  agent, 
to  sell,  give,  loan,  hire  or  barter,  or  offer  to  sell,  give,  loan,  hire  or 
barter  to  any  minor,  any  pistol,  revolver,  derringer,  bowie  knife,  dirk 
or  other  deadly  weapon  of  like  character  capable  of  being  secreted  upon 
the  person. 

§  3.  All  persons  dealing  in  deadly  weapons,  hereinbefore  men- 
tioned, at  retail  within  this  State,  shall  keep  a  register  of  all  such 
weapons  sold  or  given  away  by  them.  Such  register  shall  contain  the 
date  of  the  sale  or  gift,  the  name  and  the  age  of  the  person  to  whom 
the  weapon  is  sold  or  given,  the  price  of  the  said  weapon,  and  the 
purpose  for  which  it  is  purchased  or  obtained.  The  said  register  shall 
be  in  the  following  form: 


No.  of 
weapon 


To  whom 
sold  or 
given 


Age  of 
purchaser 


Kind  and 
description 
of  weapon 


For  what 

purpose 
purchased 
or  obtained 


Price  of 
weapon 


Said  register  shall  be  kept  open  for  the  inspection  of  the  public,  and 
all  persons  who  may  wish  to  examine  the  same,  may  do  sp  at  all  reason- 
able times  during  business  hours. 

§  4.  It  shall  be  unlawful  for  any  person  to  carry  concealed  upon 
his  person,  any  pistol,  revolver,  or  other  firearm,  without  a  written 
license  therefor,  issued  as  hereinafter  prescribed  in  this  section. 

It  shall  be  the  duty  of  chief  police  officers  in  cities,  and  of  justices 
of  the  peace  and  police  magistrates  elsewhere  in  the  State,  upon  written 
application  therefor,  and  upon  satisfactory  proof  of  good  moral  char- 
acter and  that  proper  cause  exists  for  the  issuance  thereof,  to  issue  a 
license  to  any  citizen  of  the  State  of  Illinois  to  carry  concealed  a  pistol 
or  revolver. 

The  application  for  a  license  shall  be  sworn  to  by  the  applicant 
and  shall  state  the  particular  cause,  reason  or  condition  for  such  ap- 
plication and  shall  be  accompanied  by  the  affidavits  of  two  reputable 
householders,  residents  of  the  county  in  which  the  application  is  made, 
which  shall  certify  from  personal  knowledge  to  the  good  moral  character 
of  applicant  and  that  they  have  investigated  the  particular  cause,  reason 
or  condition  assigned  in  the  application  and  believe  the  same  to  be  true 
and  correct.  The  license  so  issued  shall  state  the  particular  cause,  reason 
or  condition  for  its  issuance  and  shall  contain  the  names  of  the  persons 
whose  affidavits  accompany  the  application. 

Any  license  issued  in  pursuance  of  the  provisions  of  this  section  may 
be  limited  as  to  the  period  for  which  issued  and  may  be  vacated  and 
cancelled  at  any  time  for  good  cause  by  the  chief  police  officer  or  the 
justice  of  the  peace  or  police  magistrate  issuing  the  same.  Conviction 
of  a  licensee  for  a  felony  shall  operate  as  a  revocation  of  any  such  license. 

§  5.  Section  four  (4)  of  this  Act  shall  not  apply  to  sheriffs, 
coroners,  constables,  policemen,  or  other  peace  officers,  or  any  warden, 
superintendent  or  head  keeper  of  any  prison,  penitentiary,  county  jail 
or  other  institution  for  the  detention  of  persons  convicted  of  or  accused 
of  crime,  while  engaged  in  the  discharge  of  their  official  duties,  or  to 


CRIMINAL   CODE.  433 


any  person  summoned  by  any  of  such  officers  to  assist  in  making  arrest, 
or  preserving  the  peace,  while  such  person  so  summoned  is  engaged  in 
assisting  such  officer,  or  to  the  regular  and  ordinary  transportation  and 
sale  of  firearms  as  merchandise. 

§  G.  Whoever  shall  violate  the  provisions  of  section  1  or  section 
4  of  this  Act  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars 
($100.00)  nor  more  than  one  thousand  dollars  ($1,000.00),  or  impris- 
onment in  the  county  jail  for  a  period  of  not  more  than  one  (1)  year, 
or  both  such  fine  and  imprisonment. 

Whoever  shall  violate  the  provisions  of  section  2  or  section  3  of 
this  Act  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25.00) 
nor  more  than  one  thousand  dollars  ($1,000.00),  or  imprisonment  in 
the  county  jail  for  a  period  of  not  more  than  six  (6)  months,  or  both 
such  fine  and  imprisonment. 

Any  person  who  shall  wilfully  and  falsely  swear  or  affirm  as  to 
any  material  fact  in  any  affidavit  provided  for  in  section  4  of  this  Act, 
shall  be  guilty  of  perjury  and  shall  be  punished  according  to  the  laws 
of  this  State. 

§  7.  Whoever,  after  having  been  convicted  of  murder,  man- 
slaughter, robbery,  burglary,  rape,  mayhem,  assault  with  a  deadly 
weapon,  or  assault  with  intent  to  commit  a  felony,  shall  violate  the 
provisions  of  section  4  of  this  Act,  shall  be  guilty  of  a  felony  and,  upon 
conviction,  shall  be  punished  by  imprisonment  in  the  penitentiary  for 
not  less  than  one  year  nor  more  than  ten  years. 

§  8.  An  Act  entitled,  "An  Act  to  regulate  the  traffic  in  deadly 
weapons,  and  to  prevent  the  sale  of  them  to  minors",  approved  April 
16,  1881,  in  force  July  1,  1881,  is  repealed. 

Filed  July  11,  1919! 

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

Witness  my  hand  this  11th  day  of  July,  A.  D.  1919. 

Louis  L.  Emmeeson,  Secretary  of  State. 


DISCRIMINATION — AGAINST  ANT  RELIGIOUS    SECT.    CREED,    ETC. 

§   1.     Unlawful     to     publish,     distribute,        §   4.     Not    to    prohibit    certain    private 
etc.  communications. 

§   2.     Production  shall  be  evidence.  §   5.     Penalty  for  violation. 

§    3.     Definition    of    public    accommoda-        §   6.     Invalidity    of   any    portion    not    to 
tion,   etc.  affect  validity  of  any  other. 

(House  Bill  No.  265.     Approved  June  28.  1919.) 

An  Act  to  prohibit  the  publication  and  distribution  of  discriminating 
matter  against  any  religious  sect,  creed,  class,  denomination,  or 
nationality,  and  to  punish  the  same. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  no  person  being  the  lessee, 
proprietor,  manager,  superintendent,  agent,  or  employe  of  any  place 
of  public  accommodation  resort  or  amusement  shall  directly  or  indirect- 
ly by  himself  or  anybody  else  publish,  issue,  circulate,  send,  distribute, 
—28  L 


<A34  CKIMINAL    CODE. 


give  away  or  display  in  any  way,  manner,  shape,  means  or  method  except 
as  hereinafter  provided  any  communication,  poster,  folder,  manuscript, 
book,  pamphlet,  writing,  print,  letter,  notice  or  advertisement  of  any 
kind,  nature  or  description  intended  or  calculated  to  discriminate  or 
actually  discriminating  against  any  religious  sect,  creed,  class,  denomin- 
ation or  nationality  or  against  any  of  the  members  thereof  in  the  mat- 
ter of  furnishing  or  neglecting  or  refusing  to  furnish  to  them  or  any 
one  of  them  lodgings,  housing,  schooling,  tuition  or  any  accommoda- 
tions, rights,  privileges,  advantage  or  convenience  offered  to  or  enjoyed 
by  the  general  public  or  to  the  effect  that  any  of  the  accommodations, 
rights,  privileges,  advantages  or  conveniences  of  any  such  place  of  public 
accommodation  resort  or  amusement  shall  or  will  be  refused,  withheld 
from  or  denied  to  any  person  or  persons  or  class  of  persons  on  account 
of  class,  creed,  religion,  sect,  denomination,  nationality  or  that  the 
patronage  custom,  presence,  frequenting,  dwelling,  staying  or  lodging 
at  such  place  or  any  person,  persons  or  class  of  persons  belonging  to 
or  purporting  to  be  of  any  particular  religion,  sect,  creed,  class,  de- 
nomination or  nationality  is  unwelcome,  objectionable,  or  not  acceptable, 
desired  or  solicited. 

§  2.  The  production  of  any  such  communication,  paper,  poster, 
folder,  pamphlet,  manuscript,  book,  printing,  writing,  letter,  notice  or 
advertisement  purporting  to  relate  to  any  such  place  and  to  be  made 
by  any  person  being  the  owner,  lessee,  proprietor,  superintendent,  man- 
ager or  any  employe  thereof  shall  be  presumptive  evidence  in  any  civil 
or  criminal  action  or  prosecution  that  the  same  was  authorized  by  such 
person. 

§  3.  A  place  of  public  accommodation,  resort  or  amusement  with- 
in the  meaning  of  this  Act  shall  be  deemed  to  include  any  inn,  tavern, 
hotel,  whether  conducted  for  the  entertainment,  housing,  lodging  of 
transient  guests,  or  for  the  benefit,  use  or  accommodation  of  those  seek- 
ing health,  recreation  or  rest,  any  restaurant,  eating-house,  public  con- 
vevance  on  land  or  water,  bath-house,  barber-shop,  theatre  and  music 
hall. 

§  4.  Xothing  in  this  Act  contained  shall  be  construed  to  prohibit 
the  mailing  of  a  private  communication  in  writing  sent  in  response  to 
a  specific  written  or  verbal  inquiry. 

§  5.  Any  person  who  shall  violate  any  of  the  provisions  in  this 
Act  or  shall  aid  in  or  incite  cause  or  bring  about  in  whole  or  in  part 
the  violation  of  any  such  provision  or  provisions  shall  for  each  and  every 
violation  thereof  be  liable  civilly  to  a  penalty  of  not  less  than 
($100)  one  hundred  dollars  nor  more  than  five  hundred  ($500)  dol- 
lar to  be  recovered  by  any  person  aggrieved  thereby,  and  shall  also  for 
every  such  violation  or  offense  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  one  hundred 
($100)  dollars  nor  more  than  five  hundred  ($500)  dollars  or  shall 
be  imprisoned  not  less  than  thirty  (30)  days  nor  more  than  ninety 
(90)  days  or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court. 


CRIMINAL    CODE.  435 


§  6.  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,  1919. 


FALSE  PRETENSE. 

§    1.     Adds  section  116a,  Act  of  1874.  §    116a.     Misrepresentation-      by 

educational      institu- 
tions— penalty. 

(Housn  Bill  No.  313.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  ''An  Act  to  revise  the  law  in  relation 
to  criminal  jurisprudence"  approved  March  21 ',  1874,  in  force  July 
1,  1874,  as  amended,  by  adding  thereto  one  new  section  to  be  known 
as  section  116a. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  "An  Act  to  revise  the  law  in 
relation  to  criminal  jurisprudence/'  approved  March  27,  1871,  in  force 
July  1,  1871,  as  amended,  is  amended  by  adding  thereto  one  new  sec- 
tion, to  be  known  as  section  116a,  to  read  as  follows : 

§  116a.  Any  person,  firm,  association  or  corporation  owning, 
operating,  directing  or  controlling,  in  whole  or  in  part,  any  school, 
college,  university,  department  of  a  university,  or  other  educational  or 
training  institution,  Avhich  shall  falsely  state,  allege,  advertise  or  rep- 
resent that  that  school,  college,  university,  department  of  a  university, 
or  institution,  is  approved,  accredited  or  recognized  as  reputable  and 
in  good  standing  by  any  department,  office,  board,  commission  or  agency 
of  the  State  of  Illinois,  which  is  charged  by  law  with  approving,  ac- 
crediting or  recognizing  as  reputable  and  in  good  standing  any  such 
school,  college,  university,  department  of  a  university,  or  other  educa- 
tional or  training  institution  shall,  upon  conviction,  be  punished  by  a 
fine  of  not  less  than  two  hundred  dollars  ($200.00),  nor  more  than 
five  hundred  dollars  ($500.00). 
Approved  June  28,  1919. 


intoxicating  liquor. 

§   1.     Amends   section   1,   Act  of   1887.  §   1.     Penalty  for   selling. 

(House  Bill  No.  239.     Approved  June  24,  1919.) 

An  Act  to  amend  section  one  (1)  of  "An  Act  to  regulate  the  sale  of 
intoxicating  liquors  outside  of  the  incorporated  limits  of  cities,  toivns 
and  villages,"  approved  May  4,  1887,  in  force  July  1,  1887. 

Section  1.  Be  it  enacted  by  .the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  one  (1)  of  an  Act 
entitled,  "An  Act  to  regulate  the  sale  of  intoxicating  liquors  outside 
the  incorporated  limits  of  cities,  towns  and  villages/'  approved  May  1, 
1887,  in  force  July  1,  1887,  be  and  the  same  is  hereby  amended  to  read 
as  follows: 

§  1.  Whoever  shall,  outside  of  the  incorporate  limits  of  any  city, 
town  or  village,  by  himself  or  another,  either  as  principal,  clerk  or 
servant,  sell,  or  in  any  manner  dispose  of  any  distilled,  spiritous,  vinous, 


436 


CRIMINAL    CODE. 


fermented,  malt  or  intoxicating  liquor,  in  any  quantity  whatsoever, 
without  a  license  from  the  county  board,  to  keep  a  dramshop,  shall,  for 
each  offense,  be  fined  not  less  than  fifty  dollars  ($50)  nor  more  than 
two  hundred  dollars  ($200)  and  imprisoned  in  the  county  jail  for  not 
less  than  thirty  (30)  days,  nor  more  than  ninety  (90)  days,  in  the  dis- 
cretion of  the  court;  provided,  however,  that  such  board  shall  not  have 
power  to  issue  such  license  to  keep  a  dram  shop  in  any  place  within 
two  miles  of -the  limits  of  any  incorporate  city,  town  or  village. 
Approved  June  24,  1919. 


SENTENCE  AND   COMMITMENT. 


§   1. 


Amends   sections   1,    3    and    7,    and 
adds  section   7a,  Act  of   1917. 

§  1.  Definite  sentences  for 
misprision  of  treason, 
murder,  rape  and  kid- 
napping —  eligibility 
to   parole. 


7a. 


Department  of  Public 
Welfare  to  establish 
rules  for  parole  of 
prisoners  and  wards 
— conditions  of  parole 
— arrest  and  return 
of  paroled  prisoners 
and    wards. 

Department  of  Public 
Welfare  may  parole 
non-resident  prisoner 
or  ward  to  persons  in 
another  state  —  pen- 
alty for  violation  of 
parole. 


§  3.  Court  in  case  of  felony 
to  have  discretion 
whether  commitment 
shall  be  to  peniten- 
tiary, reformatory  or 
other  institution — ex- 
ception. 

(Senatk  Bili   No.   478.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  the  sentence  and  commitment  of  persons  convicted  of  crime  or 
offenses  and  -providing  for  a  system  of  parole  and  to  repeal  certain 
Acts  and  parts  of  Acts  therein  named,"  approved  June  25,  1917,  in 
force  July  1,  1911 ,  by  amending  section  one  (1),  section  three  (3), 
section  seven  (7),  and  adding  thereto  a  new  section  to  be  known  as 
section  seven  A  (7 A). 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  the  sentence  and  commitment  of  persons 
convicted  of  crime  or  offenses  and  providing  for  a  system  of  parole  and 
to  repeal  certain  Acts  and  parts  of  Acts  therein  named,"  approved  June 
25,  1917,  in  force  July  1,  1917,  be  and  is  hereby  amended  by  amending 
section  one  (1),  section  three  (3),  section  seven  (7),  and  by  adding  a 
new  section  to  be  known  as  section  seven  A  (7A)  to  read  as  follows: 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  all  cases  were  [where]  any 
person,  male  or  female,  over  ten  years  of  age,  shall  be  charged  with 
either  of  the  offenses  of  misprision  of  treason,  murder,  rape,  or  kid- 
naping, and  the  case  shall  be  tried  by  a  jury  and  the  jury  shall  find  the 
defendant  guilty,  the  jury  shall  also  by  its  verdict  fix  the  punishment, 
and  if  the  punishment  imposed  is  imprisonment,  the  jury  shall  fix  the 
term  of  such  imprisonment;  if  the  case  is  tried  by  the  court,  without 
a  jury  on  a  plea  of  guilty,  and  the  court  shall  impose  imprisonment  as 
the  punishment,  the  court  shall  fix  a  definite  term  of  imprisonment,  and 
the  court  in  each  case,  shall  fix  the  place  of  confinement.    In  every  such 


CRIMINAL    CODE.  437 


case  of  imprisonment,  the  court  shall  sentence  the  defendant  to  the 
penitentiary,  except  as  is  provided  in  clauses  one  to  four,  inclusive,  in 
section  three  of  this  Act,  and  in  such  cases  the  court  may,  in  its  discre- 
tion, commit  as  in  those  clauses  provided.  Every  person  so  sentenced 
shall  be  held  in  the  respective  institution,  reformatory  or  penitentiary 
for  and  during  the  definite  term  in  said  sentence  named,  subject  to  trans- 
fer, subject  to  parole  and  subject  to  be  earlier  discharged,  as  in  this 
Act  provided,  by  the  Department  of  Public  Welfare,  and  it  shall  be 
deemed  and  taken  as  a  part  of  every  such  sentence  that  all  of  the  pro- 
visions for  transfer,  parole  and  discharge  in  this  Act  contained  shall  be 
a  part  of  said  sentence  as  fully  as  though  written  in  it. 

Every  person  sentenced  and  committed  under  this  section  "one" 
shall,  in  the  discretion  of  the  Department  of  Public  Welfare,  be  eligible 
to  parole  under  rules  and  regulations  adopted  therefor  by  the  Depart- 
ment of  Public  Welfare,  such  paroles  to  be  as  follows :  Persons  sentenced 
for  life  may  be  eligible  to  parole  at  the  end  of  twenty  years ;  persons  not 
sentenced  for  life  but  sentenced  for  a  definite  term  of  years  shall  not 
be  eligible  to  parole  until  he  or  she  shall  have  served  the  minimum 
sentence  provided  by  law  for  the  crime  of  which  he  or  she  was  convicted, 
good  time  being  allowed  as  provided  by  law;  nor  until  he  or  she  shall 
have  served  at  least  one-third  of  the  time  fixed  in  said  definite  sentence. 
It  is  expressly  provided  that  the  definite  sentence  provided  for  in  this 
section  "one"  shall  be  applicable  only  to  the  crimes  enumerated  in  this 
section  "one"  and  definite  sentences  shall  not  be  applicable  to  any  other 
crime  or  offense  enumerated  in  this  Act ;  and  further,  that  indeterminate 
or  general  sentences  shall  apply  to  all  other  crimes  and  offenses  enume- 
rated in  this  Act,  but  not  to  the  crimes  or  offenses  enumerated  in  this 
section  "one." 

§  3.  That  except  for  the  crimes  enumerated  in  section  one  of  this 
Act,  every  person,  male  or  female,  over  ten  years  of  age,  who  shall  be 
adjudged  guilty  of  a  felony,  or  other  crime  punishable  by  imprisonment 
in  the  penitentiary,  or  by  imprisonment  either  in  the  penitentiary  or 
jail,  and  as  to  whom  the  court  shall  not  have  assessed  the  jail  sentence, 
shall  in  all  such  cases,  except  as  herein  otherwise  provided,  in  clauses 
one  to  four,  inclusive,  be  sentenced  to  the  penitentiary  and  the  jury  in 
its  verdict  in  such  case  and  the  court  imposing  such  sentence,  shall  not 
fix  the  limit  or  duration  of  same,  but  the  term  of  such  imprisonment 
shall  not  be  less  than  the  minimum,  term  nor  shall  it  exceed  the  maxi- 
mum term  provided  by  law  for  the  crime  or  offense  of  which  the  person 
is  convicted,  making  allowance  for  good  time  as  is  provided  by  law: 
Provided, 

Clause  1.  That  every  male  person  between  the  ages  of  sixteen  and 
twenty-six  years,  except  in  capital  cases,  may,  in  the  discretion  of  the 
court,  be  sentenced  to  the  reformatory  instead  of  the  penitentiary. 

Clause  2.  That  every  male  person  between  the  ages  of  twenty-one 
and  twenty-six  years  who  has  previously  been  sentenced  to  the  peniten- 
tiary or  reformatory  in  this  or  any  other  state,  district  or  country,  may, 
in  the  discretion  of  the  court,  be  sentenced  to  the  penitentiary  instead 
of  the  reformatory. 


438  CRIMINAL    CODE. 


Clause  3.  That  every  male  person  between  the  ages  of  ten  and 
sixteen  years  adjudged  guilty  of  any  offense  enumerated  in  this  section, 
except  capital  offense,  may,  in  the  discretion  of  the  court,  be  sentenced 
and  committed  to  such  other  institution  (other  than  the  reformatory) 
as  is  provided  by  law  for  the  incarceration,  punishment,  discipline,  train- 
ing or  reformation  of  such  class  of  persons,  instead  of  the  penitentiary. 

Clause  4.  That  every  female  person  between  the  ages  of  ten  and 
eighteen  years,  adjudged  guilty  of  any  offense  enumerated  in  this  sec- 
tion, except  a  capital  offense,  may,  in  the  discretion  of  the  court,  be 
sentenced  and  committed  to  such  other  institution  as  is  now  provided  by 
law,  or  may  be  provided  by  law,  for  the  incarceration,  punishment,  dis- 
cipline, training  or  reformation  of  such  class  of  persons,  instead  of  the 
penitentiary. 

Clause  5.  That  every  person  of  the  age  of  twenty-one  years  or  more 
who  shall  be  found  guilty  of  robbery  while  armed  with  a  dangerous 
weapon,  or  if  he  has  any  confederate  present  so  armed  to  aid  or  abet  him 
shall  be  sentenced  to  the  penitentiary  and  not  to  the  reformatory  or 
other  State  institution;  and  every  person  of  the  age  of  twenty-one  years 
or  more  who  shall  be  found  guilty  of  burglary  of  a  dwelling  house  in  the 
night  time  and  who  at  the  time  of  committing  such  burglary  shall  be 
found  with  any  deadly  weapon,  deadly  drug,  or  anaesthetic  upon  his 
person  or  in  his  possession  shall  be  sentenced  to  the  penitentiary  and 
not  to  the  reformatory  or  other  State  institution. 

§  7.  The  said  Department  of  Public  Welfare  shall  have  power, 
and  it  shall  be  its  duty,  to  establish  rules  and  regulations  under  which 
prisoners  in  the  penitentiary,  in  the  reformatory  and  in  such  other  State 
institutions  as  are  now  or  may  hereafter  be  provided  for  the  incarcera- 
tion, punishment,  discipline,  training  or  reformation  of  the  prisoners  or 
wards  committed  thereto,  may  be  allowed  to  go  upon  parole  outside  of 
the  penitentiary,  reformatory  or  such  other  institutional  buildings  and 
enclosure:  Provided,  that  no  prisoner  or  ward  shall  be  released  from 
either  the  penitentiary  or  the  reformatory  or  such  other  institution 
herein  in  this  Act  mentioned  until  the  Department  of  Public  Welfare 
shall  have  made  arrangements  or  shall  have  satisfactory  evidence  that 
arrangements  have  been  made  for  his  or  her  honorable  and  useful  em- 
ployment while  upon  parole  in  some  suitable  occupation  and  also  for  a 
proper  and  suitable  home  free  from  criminal  influences  and  without 
expense  to  the  State :  And,  provided,  further,  that  all  prisoners  and 
wards  so  temporarily  released  upon  parole  shall,  at  all  times,  until  the 
receipt  of  their  final  discharge,  be  considered  in  the  legal  custody  of 
the  officers  of  the  Department  of  Public  Welfare,  and  shall,  during  the 
said  time,  be  considered  as  remaining  under  conviction  for  the  crime  or 
offense  of  which  they  were  convicted  and  sentenced  or  committed  and 
subject  to  be  taken  at  any  time  within  the  enclosure  of  such  peniten- 
tiary, reformatory  and  institutions  herein  mentioned.  Pull  power  to 
enforce  such  rules  and  regulations  and  to  retake  and  reimprison  any 
inmate  so  upon  parole  is  hereby  conferred  upon  the  officers  and  em- 
ployees of  the  Department  of  Public  Welfare.  The  order  or  writ  certi- 
fied  to    by    the    warden,    superintendent    or    managing   head    of    such 


CRIMINAL    CODE.  439 


penitentiary,  reformatory  or  of  such  other  institution  above  mentioned, 
with  the  seal  of  the  institution  attached  and  directed  to  all  sheriffs, 
coroners,  constables,  police  officers  or  to  any  other  particular  persons 
named  in  said  order  or  writ,  shall  be  sufficient  warrant  for  the  officer  or 
other  person  named  therein  to  authorize  the  said  officer  or  person  to 
arrest  and  deliver  to  the  proper  officer  of  said  penitentiary,  reformatory 
or  such  other  institution  the  body  of  the  conditionally  released  or  paroled 
prisoner  named  in  said  writ,  and  it  is  hereby  made  the  duty  of  all 
sheriffs,  coroners,  constables,  police  officers  or  other  persons  named 
therein  to  execute  said  order  or  writ  the  same  as  other  criminal  pro- 
cesses. In  case  any  prisoner  or  ward  so  conditionally  released  or  paroled 
shall  flee  beyond  the  limits  of  the  S.ate,  he  or  the  may  be  returned 
pursuant  to  the  provisions  of  the  laws  of  this  State  relating  to  fugitives 
from  justice.  That  no  prisoner  or  ward  sentenced  and  committed,  or 
committed,  under  a  general  or  indeterminate  sentence,  shall  be  eligible 
to  parole  after  his  or  her  commitment  in  said  penitentiary  or  reform- 
atory or  State  institution  in  this  Act  mentioned,  until  he  or  she  shall 
have  served  the  minimum  term  of  imprisonment  provided  by  law  for  the 
crime  or  offense  of  which  he  or  she  was  sentenced  and  stands  convicted 
or  committed.  In  all  cases  of  definite  sentences  provided  for  in  section 
one  of  this  Act,  persons  sentenced  for  life  or  for  a  definite  term  of 
imprisonment  may  be  paroled  in  the  discretion  of  the  Department  of 
Public  Welfare;  persons  sentenced  for  life  may  be  eligible  to  parole  at 
the  end  of  twenty  years;  persons  not  sentenced  for  life  but  sentenced 
for  a  definite  term  of  years  shall  not  be  eligible  to  parole  until  he  or  she 
shall  have  served  the  minimum  sentence  provided  by  law  for  the  crime 
for  which  he  or  she  was  convicted,  good  time  being  allowed  as  provided 
by  law,  nor  until  he  or  she  shall  have  served  at  least  one-third  of  the 
time  fixed  in  said  definite  sentence. 

§  7a.  The  Department  of  Public  Welfare  may  parole  a  non- 
resident prisoner  or  ward,  or  a  prisoner  or  ward  whose  family,  relatives 
or  friends  reside  outside  of  this  State,  to  a  person,  firm  or  company  in 
some  state  other  than  Illinois,  to  serve  his  parole.  Such  paroled  prisoner 
or  ward  shall  be  required  to  make  regular  monthly  reports  in  writing  to 
the  Department  of  Public  Welfare,  obey  the  rules  of  said  Department 
of  Public  Welfare,  obey  the  laws  of  such  other  state,  and  in  all  respects 
keep  faithfully  his  parole  agreement  until  discharged  as  in  this  Act 
provided  by  said  department.  Should  such  prisoner  or  ward  so  paroled 
violate  his  or  her  parole  agreement,  such  prisoner  or  ward  so  violating 
such  agreement  shall  from  the  date  of  such  violation  be  deemed  to  owe 
the  State  of  Illinois  service  for  the  remainder  of  his  or  her  maximum 
sentence,  and  should  such  prisoner  or  ward  so  violating  said  parole  again 
at  any  time  return  to  the  State  of  Illinois,  he  or  she  shall  be  subject  to 
be  again  arrested  or  apprehended  on  the  writ  or  order  of  the  warden, 
superintendent  or  managing  head  of  the  penitentiary,  reformatory  or 
institution  from  which  such  prisoner  or  ward  was  paroled  with  full  power 
and  authority  in  the  said  Department  and  its  employees  and  agents  and 
all  officers  as  is  provided  in  other  cases  to  return  such  parole  violator  to 
such  penitentiary,  reformatory  or  other  institution.     The  case  of  such 


440  DRAINAGE. 


parole  violator,  when  so  returned  shall  be  brought  before  the  said  De- 
partment of  Public  Welfare  for  determination  of  such  parole  violation, 
and  if  said  Department  shall  determine  upon  hearing,  such  prisoner 
violated  his  or  her  parole  agreement,  he  or  she  shall  be  detained  in  said 
penitentiary,  reformatory  or  other  institution  to  serve  the  maximum 
term  of  his  or  her  sentence,  giving  credit  only  for  time  faithfully  served 
in  prison  and  on  parole  before  violation :  Provided,  however,  such  re- 
turned prisoner  or  ward  may  again  be  paroled  or  discharged  earlier  than 
the  termination  of  the  maximum  sentence  in  the  discretion  of  the  De- 
partment of  Public  Welfare. 
Approved  June  28,  1919. 


DEAINAGE 


ABANDONMENT  OF  DISTRICT. 

§   1.     Amends  section  44,  Act  of  1879.  §   44.     Before    contract    let,    the 

court  may  order  com- 
missioners to  abandon 
— court  may  make  fur- 
ther orders. 

(House  Bill  No.  640.     Approved  June  28,  1919.) 

An  Act  to  amend  section  forty-four  (J/4)  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>  inforce  May  29th,  1879,  as  subsequently 
amended  by  amending  section  forty-four  (44)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  forty-four  (44) 
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  a  drainage  district,"  approved  and  in  force  May  29th, 
1879 ;  as  subsequently  amended,  be  and  the  same  is  hereby  amended 
to  read  as  follows: 

Petition  for  abandonment.  §  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  in  pursuance  thereof,  which  is  sought  to 
be  abandoned,  as  hereinafter  provided,  upon  petition  of  the  majority 
of  the  adult  land  owners  of  the  district  representing  one-third  of  its 
area,  the  County  Court  may  if  upon  due  inquiry  it  shall  be  satisfied 
that  justice  towards  all  the  land  owners  of  said  district  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  hearing  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 


DRAINAGE.  441 


and  in  the  manner  (so  far  as  applicable  to  the  nature  of  the  proceed- 
ings) 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,  continue  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  ex- 
tent the  cost  of  such  proposed  work  shall  be  diminished  thereby;  and 
if  the  assessments  for  benefits  shall  have  been  made,  such  portion  of 
said  assessments  shall  be  abated  in  such  uniform  proportion  as  such 
change  of  plans  shall  render  unnecessary  for  the  completion  of  such 
works  according  to  such  modified  or  altered  plans  and  if  any  lands 
shall  have  been  assessed  by  the  commissioners  which,  on  account  of 
such  change  of  plans,  will  be  wholly  deprived  of  the  benefits  contem- 
plated in  the  original  plans,  the  court  shall  order  that  the  entire  as- 
sessments 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  may  have  paid  the  same  or  their  lawful  representatives, 
and  for  non-compliance  with  such  order  the  commissioners  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  re- 
quire. And  at  any  time  before  the  contract  for  the  construction  of  the 
proposed  works  shall  have  been  made,  upon  presentation  to  the  County 
Court  of  a  petition  signed  by  a  majority  in  number  of  all*  the  land 
owners  of  such  district,  and  owning  more  than  one-half  in  area  of 
lands  in  the  district  to  which  the  petitioners  belong,  praying  that  the 
whole  system  of  proposed  works  may  be  abandoned  and  the  district 
abolished,  the  court  shall  enter  upon  its  record  an  order  granting  the 
prayer  of  such  petition,  upon  condition  that  the  petitioner  pay  all  court 
costs  within  thirty  (30)  days  from  the  rendition  of  such  order.  If 
such  petitioners  fail  to  comply  with  such  order,  it  shall  be  considered 
after  the  expiration  of  said  thirty  (30)  days,  as  of  no  force  or  effect 
whatever.  If  the  district  be  abolished  under  this  section,  assessments 
collected  shall  be  refunded  to  the  persons  who  have  paid  the  same,  or 
their  representatives.  Provided  that  the  petitioners  shall  have  the 
right  to  withdraw  from  said  petition  upon  the  same  grounds  and  in 
the  same  manner  as  is  provided  by  section  four  (4)  of  the  Act  to  which 
this  Act  is  an  amendment.  All  of  the  provisions  of  this  Act  shall  ap- 
ply, as  far  as  the  same  can  be  applied,  to  all  drainage  districts  hereto- 
fore organized  under  the  jurisdiction  of  justices  of  the  peace,  in  pur- 
suance of  the  provisions  of  the  Act  to  which  this  Act  is  an  amendment. 
Approved  June  28,  1919. 


442  DRAINAGE. 


ASSESSING  LANDS  OUTSIDE   OF  DISTRICT. 

§    1.     Amends  section  58.  Act  of  1879.  §   58.     Assessing  lands  benefited 

outside  of  district — 
proceedings — shall  be 
in  county  in  which 
majority   is   situated. 

(House  Bill  No.  68.     Filed  July  11,   1919.) 

An  Act  to  amend  section  fifty- eight  (58)  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  29th,  1879,  and  the  Acts 
amendatory  thereto. 

Section  1 :  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  fifty-eight  (58) 
of  an  Act  entitled :  '"An  Act  to  provide  for  the  construction,  repara- 
tion and  protection  of  drains,  ditches  and  levees  across  the  lands  of 
others  for  agricultural,  sanitary  and  mining  purposes  and  to  provide 
for  the  organization  of  drainage  districts"  be  amended  to  read  as 
follows : — 

§  58.  Any  land  lying  outside  of  the  drainage  district  as  organized, 
the  owner  or  owners  of  which  shall  thereafter  make  connection  with 
the  main  ditch  or  drain  or  with  any  ditch  or  drain  within  the  district 
as  organized  and  whose  lands  are  or  will  be  benefited  by  the  work. of 
such  district,  shall  be  deemed  to  have  made  voluntary  application  to 
be  included  in  such  drainage  district;  and  thereupon  the  commissioners 
shall  make  complaint  in  writing,  setting  forth  a  description  of  such 
land  or  lands  benefited,  and  amount  of  benefits;  the  name  of  the 
owner  or  owners  thereof,  also  a  description  of  the  drain  or  ditch  mak- 
ing connection  with  the  ditches  of  such  district,  as  near  as  may  be; 
and  file  said  complaint  in  the  County  Court  or  before  a  justice  of 
the  peace.  The  court  or  justice  of  the  peace  shall  fix  a  day,  not  less 
than  fifteen  days  from  such  filing,  when  he  will  hear  such  complaint. 
and  thereupon  the  commissioners  shall  give  ten  days'  notice  thereof 
in  writing;  said  notice  shall  embrace  a  copy  of  such  complaint,  and 
service  thereof  shall  be  by  reading  or  delivering  a  copy  thereof  to  such 
owner  or  owners,  or  by  either  publishing  a  copy  of  said  petition  or  post- 
ing copies  thereof  within  the  territory  sought  to  be  annexed  in  the 
same  manner  as  provided  by  section  three  (3)  of  said  Act;  and  af- 
fidavit of  such  service  shall  be  evidence  thereof.  At  the  time  fixed,  or 
at  a  time  continued  from  such  time  fixed,  the  court  or  justice  of  the 
peace,  shall  hear  said  cause,  and  if  the  complaint  is  before  a  justice 
of  the  peace,  and  judgment  is  rendered  in  favor  of  said  district,  he 
shall  record  a  copy  of  said  complaint,  and  service  of  notice  thereof  to- 
gether with  his  judgment  thereon  upon  his  docket,  and  if  the  district 
was  organized  before  the  Countv  Court,  he  shall  transmit  a  certified 
copy  of  such  complaint  and  judgment  to  the  clerk  of  such  court  who 
shall  file  and  record  the  same,  or  if  the  complaint  was  heard  by  the 
County  Court,  in  which  such  district  was  organized  and  judgment  given 
in  favor  of  said  district,  a  record  of  such  judgment  giving  a  description 


DRAINAGE. 


443 


of  such  land  annexed  shall  be  made,  and  such  lands  described  in  the 
complaint  in  either  case,  shall  be  deemed  a  part  of  such  district  and 
shall  be  assessed  as  other  lands  therein.  The  assessments  of  benefits 
against  such  lands  so  added  to  said  district,  may  be  made  at  any  time 
the  commissioners  may  deem  proper;  and  the  assessment  roll  thereof 
shall  be  filed  and  recorded  and  proceedings  thereon  had  as  in  other 
cases;  or  such  lands  may  be  assessed  when  all  lands  throughout  the 
district  are  assessed;  provided  that  when  the  lands  so  added  lie  in  an- 
other county  from  which  the  said  district  was  organized  and  have  the 
effect  of  changing  the  acreage  so  that  the  county  in  which  said  district 
was  organized  contains  no  longer  a  majority  of  the  acreage  of  said 
district  or  a  majority  of  the  land  owners  of  said  district,  then  all  pro- 
ceedings thereafter  had  pertaining  to  said  district  shall  be  in  the  county 
in  which  the  majority  of  the  acreage  and  a  majority  of  the  owners  of  the 
lands  of  said  district  is  situated.  And  the  county  clerk  of  the  county 
in  which  said  district  was  organized,  or  which  prior  to  said  annexation 
contained  a  majority  of  the  acreage,  shall  transmit  to  the  county  clerk 
of  the  county  in  which  a  majority  of  the  acreage  and  a  majority  of  the 
owners  of  the  lands  in  said  district  is  situated,  a  copy  of  the  order  organ- 
izing said  district,  a  copy  of  all  assessments  for  benefits  and  confirmed 
by  the  court  and  a  copy  of  such  other  records  as  may  be  designated  by 
the  court  in  which  the  majority  of  the  acreage  lies. 
Filed  July  11,  1919. 

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

Witness  my  hand  this  11th  day  of  July,  A.  D.   1919. 

Louis  L.   Emmerson,  Secretary  of  State. 


ASSESSMENT,  APPEAL,  ETC. 


§  1.  Amends  sections  23,  24,  25.  26,  29, 
42,  43,  52,  60,  73,  74,  adds  sec- 
tions 79,  80.  81.  and  repeals 
section  15b,  Act  of  1885. 

§  23.  Notice  of  meeting  to 
hear    objections. 

§  24.  Hearing  objections — ■ 
proceedings — appeal. 

§  25.  Appeals  to  County 
Court  —  jury  —  may 
correct  errors — 
record. 

§   26.      Special  assessment — 

how  made — validity 

not  affected      when 

not  Droperly      noti- 
fied. 

§  29.  Tax — when  and  how 
payable — estoppel  — 
no  writ  of  error  to 
review  judgment  to 
be  brought  after  six 
months    from    entry. 


§    42. 

§    43. 
§    52. 

5   60. 

§    73. 
§    74. 


Rights  of  land  owners 
within  and  without 
district — annexation. 

Organization  of  sub- 
districts. 

Proceeding  on  hearing 
— appointment  of 

commissioners. 

Commissioners  to  file 
classification  —  no- 
tice to  be   given. 

Compensation  of  offi- 
cers. 

District  or  commis- 
sioners not  liable  for 
building.  etc. — cost 
to  be  considered  in 
determining   damage. 

New  assessment  may 
be  made  if  special 
assessment  be  an- 
nulled —  proceed- 
ings. 


444  DRAINAGE. 


ASSESSMENT,    APPEAL,    ETC. — Concluded. 

§   80.     Defines     "ditch" — com-        §   2.     Repeals    section    15b. 
missioners    vested 
with  power  to  widen, 
etc.        such       water- 
course. 

§  81.  Sole  commissioner  of 
highways  to  be 
known  as  drainage 
commissioner. 

(Senate  Bill  No.   153.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  drainage 
for  agricultural  and  sanitary  'purposes  and  to  repeal  certain  acts  there- 
in named"  approved  June  21,  1885,  in  force  July  1,  1885,  as  amend- 
ed, by  amending  sections  23,  21+,  25,  26,  29,  1+2,  1+3,  52,  60,  13  and  11+, 
by  adding  thereto  three  sections  to  be  known  as  19,  80  and  81,  and 
by  repealing  section  15b  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled  "An  Act  to 
provide  for  drainage  for  agricultural  and  sanitary  purposes  and  to  re- 
peal certain  Acts  therein  named/'  approved  June  27,  1885,  in  force 
July  1,  1885,  as  amended,  by  amending  sections  23,  24,  25,  26,  29,  42, 
43,  52,  60,  73  and  74  thereof,  and  by  adding  three  sections  to  be  known 
as  sections  79,  80  and  81,  the  amended  and  additional  sections  to  read 
as  follows : 

§  23.  When  the  classification  of  lands  has  been  prepared  as  here- 
inabove provided,  the  commissioners  shall  fix  a  time  for  the  hearing 
of  objections  thereto  and  upon  such  classification  being  filed,  the  clerk 
of  said  drainage  district  shall  give  two  weeks'  notice  of  the  time  fixed 
for  such  hearing,  which  notice  may  be  in  substance  as  follows : 
"TO  WHOM  IT  MAY  CONCEKK: 

"You  are  hereby  notified  that  the  commissioners  of  the 
(here  insert  the  name  of  the  drainage  district;  and  in  the  case 
of  a  sub-district  or  minor  sub-district,  give  the  numbers  of  the 
sections,  with  township  and  range,  in  which  it  is  located)  have 
filed  their  classification  of  lands  benefited  therein,   and  that  they 

will  on  the day  of ,  A.  D.  19 , 

at  the  hour  of M.,  meet  at ,  to  hear  any 

and  all  objections  that  may  be  made  to  the  same,  when  and  where 
you  may  appear  and  be  heard,  if  you  see  fit. 

"Dated  this day  of ,  A.  D.,  19 

"Clerk  of  said  District." 
Such  notice  shall  be  published  once  each  week  for  two  successive 
weeks  in  a  newspaper  in  the  county  in  which  the  drainage  district  was 
organized,  and  a  copy  thereof  shall  be  posted  in  ten  public  places  in 
the  drainage  district,  and  a  like  copy  shall  be  mailed  at  least  ten  davs 
before  the  hearing  to  each  owner  of  lands  so  classified  who  resides  out- 
side of  the  county  or  counties  where  such  district  is  situated,  and  whose 
postoffice  address  is  known  to  the  commissioners,  but  the  failure  to  give 
the  proper  notice  as  to  any  owner  of  land,  or  to  any  commissioner  of  high- 
ways, shall  not  affect  in  any  way  the  validity  of  the  special  assessment 
levied  on  the  said  classification,  except  as  to  the  land  of  the  owner  thereof 


DRAINAGE.  445 


not  properly  notified  or  as  to  the  public  roads  under  the  jurisdiction  of 
the  commissioner  of  highways  not  properly  notified. 

§  24.  The  commissioners  or  a  majority  of  them,  shall  meet  at 
the  time  and  place  fixed  for  the  hearing  and  shall  hear  all  objections  to 
their  classification  that  may  be  urged  by  any  person  interested.  They 
may  adjourn  from  time  to  time,  or  to  a  future  day  fixed,  as  deemed 
necessary,  until  all  objections  have  been  heard  and  considered.  They 
shall' make  public  announcement  of  all  such  adjournments  and  cause  a 
notice  to  be  posted  thereof  at  the  place  of  the  said  meeting,  giving  the 
time  and  place  of  the  said  adjourned  meeting.  After  all  objections  that 
may  be  offered  have  been  heard  and  considered,  the  commissioners  shall, 
if  satisfied  that  justice  requires  that  their  said  classification  shall  be 
modified,  correct  the  same  in  accordance  with  the  rights  and  justice 
of  the  matter,  which  corrections  or  changes,  if  any,  may  be  made  on  the 
table  or  map  and  the  commissioners  shall  thereupon  confirm  such 
classification;  but  if  not  so  satisfied,  they  shall  confirm  their  classifica- 
tion as  originally  made  and  shall  enter  an  order  to  that  effect.  All 
orders  made  by  the  commissioners,  either  correcting  or  confirming  their 
classification,  shall  be  filed  in  the  office  of  the  clerk  of  the  drainage  dis- 
trict within  five  days  from  the  entry  thereof,  and  any  person  appearing 
and  urging  objections  who  is  not  satisfied  with  the  decision  of  the  com- 
missioners in  confirming  the  classification  of  the  lands,  may  appeal 
therefrom  within  ten  days  after  the  order  of  the  commissioners  is  filed, 
by  filing  with  the  clerk  of  the  County  Court  of  the  county  in  which  the 
district  was  organized,  and  in  which  court  said  appeal  shall  be  tried,  a 
bond  with  good  and  sufficient  security,  to  be  approved  by  the  clerk  or 
the  judge  of  said  court,  payable  to  said  drainage  district  and  conditioned 
for  the  payment  of  such  tax  as  may  be  levied  upon  the  land  in  question 
in  all  costs  occasioned  by  said  appeal  in  case  said  order  of  said  commis- 
sioners shall  be  affirmed. 

§  25.  Appeals  taken  to  the  County  Court  under  the  provisions  of 
this  Act  may  be  heard  at  any  common  law  or  probate  term  thereof : 
Provided,  that  ten  days  has  intervened  from  the  time  of  taking  the 
appeal  and  the  first  day  of  the  term,  otherwise  such  appeal  shall  be 
heard  at  the  next  term  of  said  court  as  herein  provided,  and  the  cost  of 
such  appeal  may,  at  the  discretion  of  the  court,  be  divided  between  the 
drainage  district  and  the  owner  of  the  land  who  may  appeal  from  the 
classification  of  the  commissioners.  It  shall  be  the  duty  of  the  County 
Court  to  cause  to  be  summoned  twelve  disinterested  land  owners  to 
meet  at  the  court  house  at  a  time  set  by  the  court  for  hearing  any 
appeal  or  appeals  that  may  be  taken  from  the  decision  of  the  commis- 
sioners. The  said  twelve  (12)  landowners  shall  be  men  who  have 
practical  knowledge  of  the  costs  and  benefits  of  farm  drainage,  and 
shall  be  sworn  in  as  a  special  jury  to  try  the  case  on  appeal.  Should 
any  of  the  said  landowners  fail  to  appear  at  the  time  named,  or  should 
any  of  those  summoned  be  rejected  under  the  exercise  of  the  usual  right 
of  challenge,  the  court  may  cause  to  be  summoned  any  other  qualified 
landowner,  or  owners,  as  required  by  this  section,  to  fill  such  vacancy 
or  vacancies,  or  the  case  may  be  tried  by  six  qualified  jurors,  if  both 


446 


DRAINAGE. 


parties  to  the  suit  so  agree.  Whenever  the  special  jury  summoned  to 
hear  appeals  shall  have  been  sworn  in  as  herein  provided,  it  shall  be  the 
duty  of  the  court  to  lay  before  them  the  classification  as  determined  by 
the  drainage  commissioners,  and  they  shall  examine  the  same  and  hear 
allegations  and  testimony  in  opposition  to  and  in  support  of  the  same, 
and  may,  if  requested  by  either  party  to  the  appeal,  visit  the  district  and 
view  the  lands.  If  they  find  the  tracts  of  land  in  question  are  marked 
too  high  or  too  low  in  the  classification,  they  shall  correct  the  errors; 
but  if  no  injustice  has  been  done,  they  shall  confirm  the  classification 
as  made  by  the  commissioners.  Their  final  determination  shall  be  made 
in  writing  and  filed  with  the  records  of  the  court.  The  classification, 
when  established  as  herein  provided,  shall  be  recorded  in  the  drainage 
record. 

§  26.  The  commissioners  by  resolution  shall  order  such  amount 
of  money  to  be  raised  by  special  assessment  upon  the  lands  of  the  district 
as  may  be  necessary,  and  such  amount  shall  be  apportioned  among  the 
several  tracts  in  the  name  of  the  owner  when  known,  according  to 
acreage  of  each  and  its  figure  of  classification  on  the  graduated  scale,  so 
that  each  tract  may  bear  its  equal  burden  in  proportion  to  benefits. 
They  shall  make  out  a  special  assessment  roll  hereinafter  designated 
tax  list,  setting  down  in  separate  columns  the  owners'  names,  when 
known,  and  when  unknown  stating  unknown,  a  description  of  the  land, 
the  number  denoting  the  classification,  the  tax,  the  damages  allowed, 
if  an}',  or  any  other  credit  to  be  given  to  the  owner.  The  balance  of 
tax  over  credits  or  of  damages  or  other  credits  over  the  tax  showing 
the  amount  due  to  the  district  by  each  land  owner  on  the  separate  tracts, 
or  due  to  the  land  owner  by  the  district,  shall  be  set  down,  in  final 
columns.  When  completed  the  list  shall  be  filed  with  the  town  clerk. 
The  tax  list  may  be  substantially  as  follows : — 


SPECIAL  ASSESSMENT  TAX  LIST  OF  . 


(Here  Insert  Name  of  District) 


OWNER'S 

Description  of  Land 

No.  Classifica- 
tion on  Scale 

Tax 

Total 

Bal. 

Due 

Bal. 

Due 

NAME 

Sec. 

Tp. 

R. 

Acre 

Levied 

Credits 

District 

Owners 

REMARKS 

1 

!    i 

Dol. 

Cts.  1  Dol. 

Cts. 

Dol. 

Cts. 

Doi. 

Cts.l 

! 

i 

i 

i     i    i 

| 

1 
i 

i    i    i 

1          1        1          1 

i 

If  any  land  owner  or  any  commissioner  of  highways  has  not  been 
properly  notified  in  accordance  herewith  of  the  hearing  in  reference  to 
the  classification  of  the  lands  and  public  roads,  this  shall  not  affect  the 
validity  of  the  tax  or  special  assessment  so  levied  against  any  land  or 
the  public  roads  except  the  tax  or  special  assessment  levied  against  the 
particular  tract  or  tracts  of  land  whose  owner  has  not  been  properly 


DRAINAGE.  447 


notified,  ur  the  road  in  reference  to  which  the  commissioner  of  highways 
has  not  received  the  proper  notice. 

§  2d.  It  shall  be  competent  for  the  commissioners  to  order  the  tax 
to  be  paid  in  installments  of  such  amounts  and  at  such  times  as  w 
convenient  for  the  accomplishment  of  the  proposed  work;  otherwise  the 
whole  amount  of  such  tax  shall  be  payable  thirty  days  after  such  con- 
firmation, and  shall  upon  a  certified  copy  of  the  tax  list  or  the  appro- 
priate part  thereof  being  filed  for  record  in  the  office  of  the  recorder  of 
deeds  of  the  county  where  the  land  lies,  be  a  lien  upon  the  land.-  assessed 
until  paid;  and  such  taxes  shall  draw  interest  until  they  are  paid,  and 
such  interest  may  be  collected  arid  enforced  as  part  of  the  taxes.  The 
payment  of  an  installment  of  any  assessment  or  judgment  therefor  shall 
be  an  estoppel  against  any  objections  to  succeeding  installments  of  the 
same  assessment  against  that  tract  which  might  have  been  urged  against 
such  prior  installment.  No  writ  of  error  to  review  any  judgment  or 
order  entered  under  this  Act  shall  be  brought  after  six  months  from  the 
entry  of  such  judgment;  nor  shall  the  organization  of  the  drainage 
district  or  its  jurisdiction  over  any  lands  therein  be  subject  to  attack 
by  quo  warranto  or  otherwise  after  the  confirming  of  any  assessment 
thereon. 

§  42.  Nothing  in  this  Act  shall  be  construed  to  forbid  the  land 
owners  within  the  district  to  more  completely  drain  their  lands  by  using 
the  common  drains  as  outlets  to  lateral  drains;  and  the  owners  of  lands 
outside  the  drainage  district,  or  in  other  drainage  districts,  may  con- 
nect with  the  ditches  of  the  district  already  made,  by  the  payment  of 
such  amount  as  they  would  have  been  assessed  if  originally  included 
in  the  district,  or  if  such  connection  shall  by  increase  of  water,  require 
an  enlargement  of  the  district  ditches,  then  the  outside  owners  of  land 
so  connecting,  or  other  drainage  districts,  as  may  be,  shall  pay  the  costs 
of  such  enlargement.  If  individual  land  owners  outside  the  district 
shall  so  connect,  they  shall  be  deemed  to  have  voluntarily  applied  to  be 
included  in  the  district,  and  their  lands  benefited  by  such  drainage  shall 
be  treated,  classified  and  taxed  like  other  lands  within  the  district. 
Drainage  commissioners  may,  at  any  time,  enlarge  the  boundaries  of 
their  district  by  attaching  new  areas  of  land  which  are  involved  in  the 
same  system  of  drainage  and  require  for  an  outlet  the  drains  of  the 
district  made  or  proposed  to  be  made,  as  the  case  may  be,  upon  petition 
of  as  great  a  proportion  of  the  land  owners  of  the  area  to  be  added  as  is 
required  for  the  original  district.  All  changes  thus  made  in  the  district 
shall  be  duly  noted  and  shown  upon  the  map  and  recorded  in  the 
drainage  record. 

If,  after  the  organization  of  any  drainage  district  the  commis- 
sioners thereof  shall  be  of  the  opinion  that  there  are  lands  lying  outside 
of  such  drainage  district,  as  organized,  which  are  or  will  be  benefited  by 
the  work  done  in  said  drainage  district,  or  by  work  ordered  to  be  done 
therein,  such  lands,  in  case  they  are  not  included  in  any  other  drainage 
district,  shall  be  deemed  to  have  made  voluntary  application  to  be  in- 
cluded in  said  drainage  district,  by  the  work  of  which  they  are  or  will 
be  benefited;  and  thereupon  the  commissioners  shall  prepare  a  petition 


448  DRAINAGE. 


setting  forth  a  description  of  such  lands  or  land  benefited,  giving  the 
name  of  the  owner  or  owners  thereof,  if  known,  and  the  postoffice 
address  of  such  owner,  together  with  a  general  description  of  the  drain 
or  ditch,  if  any,  making  connection  with  the  ditches  of  such  district; 
such  petition  shall  be  filed  in  the  County  Court  of  the  county  where 
such  district  was  organized.  The  court  shall  fix  a  day  when  the  court 
will  hear  such  petition  and  thereupon  the  commissioners  shall  give  ten 
days'  notice  thereof,  which  notice  shall  embrace  a  copy  of  the  petition 
and  service  thereof  shall  be  by  delivering  a  copy  thereof  to  each  owner 
named  therein,  or  by  publishing  a  copy  thereof  in  some  newspaper  in 
the  county  where  said  lands,  or  the  greater  part  thereof  lie,  or  by  post- 
ing ten  copies  thereof  in  ten  of  the  most  public  places  in  or  near  the 
land  sought  to  be  annexed  to  the  drainage  district,  the  certificate  of  the 
publisher  or  the  affidavit  of  the  person  delivering  or  posting  such  notices 
shall  be  evidence  thereof.  At  the  time  fixed,  or  at  a  time  continued 
from  such  time  fixed,  the  court  shall  hear  said  cause,  and  if  judgment  is 
rendered  in  favor  of  petitioners,  a  copy  of  the  petition,  and  proof  of 
service  thereof,  together  with  order  of  judgment  thereon,  shall  be  de- 
livered to  the  clerk  of  the  drainage  district,  who  shall  file  and  record 
the  same  in  the  drainage  record,  and  upon  entry  of  such  judgment  the 
lands  described  in  the  said  petition  shall  be  deemed  a  part  of  the  district 
and  subject  to  all  provisions  of  this  Act.  Every  land  owner  whose 
land  is  thus  annexed  to  any  drainage  district  shall  have  a  right  to 
appeal  from  the  order  of  the  County  Court  annexing  said  land  to  the 
said  drainage  district,  to  the  Circuit  Court  of  the  said  county,  upon 
filing  a  bond  in  a  sum  to  be  fixed  by  the  judge  of  the  County  Court,  the 
said  appeal  to  be  prayed  within  ten  (10)  days  after  the  order  has  been 
entered  by  the  court  annexing  the  said  land  to  the  said  drainage  dis- 
trict. Land  annexed  to  a  drainage  district  under  any  of  the  provisions 
of  this  section  shall  be  classified  and  assessed  with  the  other  lands 
therein,  unless  such  classification  shall  have  already  been  made,  in 
which  event  the  lands  so  annexed  to  the  district  shall  be  classified  pro- 
portionately to  such  established  classification  with  like  proceedings  in 
reference  to  assessment  and  right  of  appeal. 

§  43.  Sub-districts  may  be  formed  by  owners  of  land  in  main 
districts  for  the  purpose  of  local  or  more  minute  drainage  in  the  man- 
ner provided  in  this  Act  for  the  organization  of  main  districts.  Such 
sub-districts  shall  have  the  right  to  use  the  ditches  of  the  main  district 
for  outlets;  or  in  drainage  districts  organized  or  proposed  to  be  or- 
ganized which  have  one  or  more  lateral  drains  or  proposed  drains 
which  are  independent  of  each  other,  except  as  to  the  main  drain  or 
outlet,  and  which  do  now  or  will  drain  separate  areas  within  said  dis- 
trict, it  shall  be  and  may  be  lawful  for  the  commissioners,  at  their 
option,  to  divide  the  districts  into  as  many  sub-districts,  as  there  are 
separate  areas  for  the  purpose  of  making  assessments  of  benefits  for  the 
work  to  be  done  in  said  sub-district;  such  division  may  be  made  so  as 
to  form  one  or  more  such  districts  at  the  same  time,  or  from  time  to 
time  as  the  commissioners  may  deem  expedient:  Provided,  the  forma- 
tion of  sub-districts  on  either  method  as  above  provided  shall  not  operate 


DRAINAGE.  449 


to  release  the  lands  in  such  sub-districts  from  the  payment  of  any 
assessment  or  levy  made  prior  to  such  division  nor  from  any  assessment 
or  tax  levy  which  may  thereafter  be  made  for  the  completion,  main- 
tenance or  repair  of  the  main  work,  or  for  the  payment  of  the  principal 
and  interest  on  any  indebtedness  incurred  by  the  main  district,  nor 
shall  it  give  such  sub-district  any  claim  on  the  funds  of  the  main  dis- 
trict for  its  local  use :  Provided,  further,  that  when  sub-districts  are 
organized  under  this  Act,  which  have  one  or  more  lateral  drains  or 
proposed  drains,  which  are  independent  of  each  other,  except  as  to  the 
main  sub-district  ditch  or  outlet,  and  which  do  now  or  will  drain 
separate  areas  within  said  sub-district,  the  commissioners  may,  as  pro- 
vided for  in  this  section,  divide  such  sub-districts  into  as  many  minor 
'  sub-districts  as  there  are  separate  areas  within  such  sub-districts  to  be 
drained,  for  the  purpose  of  making  assessments  of  benefits  for  the  local 
or  minute  drainage  to  be  done  in  such  minor  sub-districts:  And,  pro- 
vided, further,  that  the  formation  of  such  minor  sub-districts  as  herein 
provided  for  shall  not  operate  to  release  the  lands  in  such  minor  sub- 
districts  from  the  payment  of  any  assessment  or  levy  made  prior  to  such 
division,  nor  from  any  assessment  or  tax  levy  which  thereafter  may  be 
made,  for  the  completion,  maintenance  or  repair  of  the  main  outlets  or 
ditches  in  sub-districts  or  in  main  districts,  or  for  the  payment  of  the 
principal  and  interest  of  any  indebtedness  incurred  by  the  sub-district 
or  main  district  nor  shall  it  give  such  minor  sub-district  any  claim 
upon  the  funds  of  the  sub-district  or  the  main  district  for  its  local  use. 
Sub-districts  which  contain  not  less  than  five  sections  of  land,  upon  the 
filing  of  a  petition  signed  by  a  majority  of  the  landowners  of  said 
sub-district  with  the  county  clerk  in  favor  of  the  election  of  a  board 
of  commissioners  for  said  sub-district,  shall  proceed  at  the  next  succeed- 
ing annual  election  of  drainage  commissioners  to  elect  such  a  drainage 
board.  The  notices  of  the  election  of  such  sub-district  commissioners, 
the  time  of  holding  and  making  returns  of  the  same,  and  the  term  of 
office,  shall  be  the  same  as  provided  in  this  Act  for  the  election  of  com- 
missioners in  original  or  main  districts,  and  the  compensation  of  such 
commissioners,  shall  be  the  same  as  is  provided  for  main  district  com- 
missioners. It  shall  be  the  duty  of  the  main  district  commissioners  to 
control  all  matters  pertaining  to  main  district  drainage  and  sub-districts 
not  having  independent  commissioners.  Sub-district  commissioners,  as 
provided  for  in  this  Act,  shall  have  charge  of  and  control  over  all  mat- 
ters pertaining  to  drainage  within  their  respective  sub-districts  and  of 
drainage  within  their  respective  minor  sub-districts,  as  provided  for 
in  this  Act,  except  such  work  as  belongs  exclusively  to  the  main  districts 
and  classification  and  assessments  made  within  such  sub-districts  and 
such  minor  sub-districts  on  account  of  the  main  work.  The  matter  of 
securing  right  of  way,  ascertaining  damages,  review  of  classification  and 
assessments  and  appeals  therefrom,  making  repairs,  additional  work 
and  additional  assessments  in  sub-districts,  and  minor  sub-districts  shall 
be  controlled  by  the  provisions  of  this  Act  applicable  to  the  main  district. 

—29  L 


450  DKAINAGE. 


§  52.  Should  the  court  find  against  the  petitioners,  it  shall  enter 
an  order  to  that  effect,  and  the  petition  shall  thereupon  be  dismissed  at 
the  cost  of  the  petitioners;  should  the  court  find  in  favor  of  the  peti- 
tioners, it  shall  enter  an  order  to  that  effect,  and  it  shall  thereupon  be 
the  duty  of  the  court  to  appoint  three  drainage  commissioners  for  said 
district,  who  shall  at  once  proceed  to  the  examination  of  the  lands  in 
said  proposed  district;  said  commissioners  shall  go  upon  the  lands  in- 
cluded in  said  proposed  district,  and  personally  examine  the  same;  they 
shall  have  power  to  employ  a  competent  civil  engineer  if,  in  their 
opinion,  the  services  of  an  engineer  be  necessary,  who  shall  make  such 
surveys  and  estimates  as  said  commissioners  may  direct,  and  shall,  if  re- 
quired by  the  commissioners,  make  and  return  to  them  a  map,  or  plat, 
of  his  survey,  and  a  full  report  of  all  estimates  required  of  him.  Said  ' 
commissioners  shall  make  out  and  file  with  the  clerk  of  the  court  a  full 
report  of  their  acts  and  doings  as  such  commissioners,  together  with  all 
maps,  plats,  surveys  and  estimates  made  or  caused  to  be  made  by  them 
or  the  engineer  employed  by  them,  and  may  put  into  said  report  any 
recommendation  they  may  deem  advisable,  which  report  shall  be  signed 
by  the  commissioners  or  the  majority  thereof  and  filed  as  aforesaid,  on 
or  before  the  time  fixed  by  the  court  for  the  hearing  to  complete  the 
organization  of  said  district  or  such  further  time  as  the  court  may  give 
for  filing  of  the  same.  It  shall  be  the  duty  of  the  court  at  the  time  of 
the  appointment  of  said  commissioners  to  fix  the  time  for  the  hearing 
of  said  commissioners'  report  as  aforesaid,  and  to  complete  the  organiza- 
tion of  said  district,  and  no  further  notice  thereof  shall  be  required,  and 
said  commissioners  shall  then  appear  before  said  court  and  file  their 
report,  with  all  maps,  plats,  surveys  and  estimates  if  the  same  have  not 
been  previously  filed  in  said  court.  The  time  fixed  by  the  court  for 
such  hearing  shall  not  be  more  than  thirty  clays  subsequent  to  the  date 
of  the  appointment  of  said  commissioners.  At  the  time  fixed  for  the 
said  hearing,  if  the  commissioners  have  not  completed  their  estimates, 
or  for  other  cause  have  their  report  completed,  the  court  may  continue 
the  hearing  to  such  further  time  as  will  enable  the  commissioners  to 
complete  their  work  and  file  their  report  and  other  papers  as  herein 
required.  At  the  time  fixed  by  the  court  for  the  hearing  on  the  report 
of  the  commissioners,  and  to  complete  the  organization  of  said  district, 
or  at  the  time  to  which  such  hearing  was  continued,  any  owner  of  land 
in  said  proposed  district  may  appear  in  person  or  by  attorney  and 
persons  under  guardianship,  by  their  guardians,  and  the  court  shall 
appoint  a  guardian  ad  litem,  as  in  other  civil  proceedings  and  any  party 
may  file  objections  in  writing,  or  file  an  alternative  plan  of  improve- 
ment and  be  heard  upon  said  objections,  and  said  report  or  alternative 
plan  of  improvement;  and  the  court  shall  hear  any  competent  testi- 
mony of  witnesses  then  introduced;  and  if  it  shall  appear  to  the  court 
that  the  lands  included  in  the  proposed  district  will  be  benefited  for 
agricultural  and  sanitary  purposes,  the  court  shall  so  find  and  enter  an 
order  declaring  sitch  district  organized,  unless  the  court  shall  find  from 
the  evidence  introduced  on  such  hearing  that  the  cost  of  the  proposed 
work,  or  any  modification  thereof  that  may  be  approved  by  the  court, 


DRAINAGE.  451 


after  such  hearing,  will  exceed  the  benefits  to  be  derived  therefrom.  In 
which  case  the  court  shall  so  find  and  enter  an  order  to  that  effect;  and 
dismiss  the  petition :  Provided,  however,  if  the  owners  of  lands'  lying 
in  said  district,  who  own  in  the  aggregate  more  than  one-half  of  the 
land  lying  therein,  still  desire  the  formation  of  said  district  and  such 
desire  shall  be  evidenced  by  a  failure  to  withdraw  their  signatures  from 
the  petition,  the  court  shall  enter  an  order  declaring  said  district  or- 
ganized, and  the  clerk  shall  enter  the  same  of  record,  and  the  district 
shall  thereupon  be   deemed   fully   organized   and   shall   be   known   and 

designated  as  "The special   drainage 

district,  in  the  county  (or  counties)  of 

and  State  of  Illinois."  The  commissioners  shall  be  the  corporate 
authorities  thereof,  and  shall  be  a  body  politic  and  corporate,  with  like 
powers  as  herein  conferred  upon  other  drainage  commissioners  either 
by  this  Act  or  other  laws  of  this  State ;  may  sue  and  be  sued,  plead  and  be 
impleaded,  with   their  corporate   name   and   capacity,   which   shall  be : 

"The  Commissioners  of  the Special 

Drainage  District  in  the  county  (or  counties)  of 

and  State  of  Illinois." 

§  60.  The  commissioners  shall  without  delay  make  out  and  file 
in  the  office  of  the  clerk  of  said  district  a  classification  of  the  lands  and 
premises  in  said  drainage  district,  which  classification  shall  be  prepared 
and  filed  and  notice  thereof  giving  as  hereinbefore  provided  in  the  case 
of  drainage  districts  located  within  a  single  town. 

§  73.  The  commissioners  provided  for  in  this  Act  shall  receive 
three  dollars  per  day  for  the  time  actually  employed  in  the  discharge  of 
the  duties  of  their  office.  They  shall  make  out  their  account  under 
oath,  and  in  all  districts  except  special  drainage  districts,  their  accounts 
shall  be  audited  and  allowed  by  the  board  of  auditors  of  the  town  in 
which  the  district  was  organized  and  in  special  drainage  districts  their 
account  shall  be  presented  to  and  allowed  by  the  judge  of  the  court  in 
which  the  district  was  organized;  and  the  amount  allowed  by  the  board 
of  auditors,  or  court,  as  the  case  may  be,  shall  be  paid  out  of  the  funds 
of  the  district  for  which  the  services  were  rendered.  The  clerk  of  the 
commissioners  shall  receive  the  same  fees  as  is  allowed  for  like  services 
in  matters  connected  with  his  office.  The  treasurer  shall  receive  for  his 
services  such  sum  of  money  as  may  be  fixed  by  the  commissioners,  not 
to  exceed  two  per  cent  of  moneys  collected  by  him,  and  not  to  exceed 
one  per  cent  on  moneys  paid  him  by  other  collectors  or  treasurers,  and 
in  no  case  shall  the  treasurer  receive  to  exceed  five  hundred  dollars  for 
his  services  in  any  one  year  for  any  one  district.  All  fees  and  allowances 
shall  be  paid  out  of  the  funds  of  the  district  for  which  the  services  were 
or  may  be  rendered. 

§  74.  Neither  the  drainage  district  nor  the  commissioners  thereof 
shall  be  liable  for  the  building,  enlarging  or  replacing  of  any  farm  or 
highway  bridge  across  the  open  drains  of  the  district,  nor  for  the  main- 
tenance thereof;  but  the  cost  thereof,  when  occasioned  by  the  work  of 
the  drainage  district,  shall  be  taken  into  consideration  in  determining 
the  amount  of  damage  to  be  allowed  to  the  land  owner  or  commissioner 


452  DRAINAGE. 


of  highways,  as  the  case  may  be,  and  shall  be  agreed  upon  or  ascertained 
at  the  same  time  and  in  the  same  manner  as  other  damages  arising  from 
the  construction  of  such  work  as  hereinbefore  provided  in  this  Act. 

§  79.  If  any  special  assessment  or  any  part  thereof,  for  the  con- 
struction or  repair  of  any  work  in  any  drainage  district  heretofore  or 
hereafter  organized  under  this  Act,  whether  the  same  is  made  prior  to 
the  taking  effect  of  this  amendment  or  hereafter  made,  has  been  or  shall 
hereafter  be  annulled  or  be  held  not  legally  made  by  any  court  of  com- 
petent jurisdiction,  on  account  of  the  failure  to  give  proper  notice  or 
the  failure  of  any  officer  to  perform  any  of  his  statutory  duties,  or  on 
account  of  any  other  matters  not  affecting  the  merits  of  the  assessment, 
a  new  assessment  may  be  made  and  returned  therefor,  and  the  proceed- 
ings therefor  shall  be  the  same  as  hereinbefore  provided  for  the  prior 
assessment,  and  all  parties  interested  shall  have  like  rights  and  like 
powers  in  relation  to  any  such  subsequent  assessment  as  are  hereby  given 
in  relation  to  prior  assessment,  and  if  only  a  part  of  the  said  special 
assessment  shall  be  so  annulled,  or  be  held  not  legally  made,  then  in 
making  the  reassessment  it  will  not  be  necessary  to  proceed  in  any  way 
against  the  lands  in  reference  to  which  the  assessment  has  not  been  set 
aside,  but  the  proceedings  shall  only  be  had  with  reference  to  the  lands 
in  reference  to  which  the  assessment  has  been  annulled  or  held  not 
legally  made  as  aforesaid.  No  such  special  assessment  shall  be  held  void 
because  levied  to  pay  for  work  already  done  or  contracted  for,  if  it 
appears  that  such  work  was  done  in  good  faith  under  a  contract  duly 
let  and  executed  in  substantial  compliance  with  the  plans  providing  for 
the  same.  The  fact  that  the  prior  assessment  may  have  been  held  invalid 
by  the  court  for  the  reason  that  the  meetings  of  the  drainage  commis- 
sioners in  reference  thereto  were  held  outside  of  the  drainage  district, 
or  that  lands  or  drains  of  another  drainage  district  were  included  in 
such  district,  or  that  the  same  was  held  insufficient  for  any  other  reason, 
shall  not  be  a  bar  to  a  subsequent  assessment  to  pay  for  the  Avork  done 
and  for  which  such  prior  assessment  was  ordered  to  be  made.  The  fact 
that  the  drainage  commissioners  have  already  made  or  attempted  to 
make  a  subsequent  assessment  to  pay  for  the  said  work  done  in  con- 
templation of  such  prior  assessment  set  aside,  annulled  or  held  invalid, 
by  the  court,  shall,  also,  not  be  construed  to  prevent  the  application 
of  this  section. 

§  80.  The  word  "ditch"  when  used  in  this  Act,  shall  be  held  to 
include  any  drain  or  watercourse,  and  when  the  word  "ditch"  is  used  in 
the  petition  for  any  drainage  district  it  shall  be  held  to  mean  and 
include  any  side,  lateral,  spur  or  branch  ditch  or  drain,  whether  opened, 
covered,  or  tiled,  and  any  natural  water-course  into  which  such  drains 
or  ditches  may  enter  for  the  purpose  of  outlet,  whether  such  water- 
course is  situated  in  or  outside  of  the  district.  And  to  secure  complete 
drainage  of  the  lands  within  any  drainage  district,  the  commissioners 
are  hereby  vested  with  full  power  to  widen,  straighten,  deepen,  or  enlarge 
any  such  watercourse,  and  when  it  is  necessary,  to  straighten  such 
natural  watercourses  by  cutting  a  new  channel  upon  other  lands,  the 
value  of  such  lands  to  be  occupied  by  such  new  channel  and  damages, 


DRAINAGE. 


if  any,  made  by  such  work  may  be  ascertained  and  paid  in  the  manner 
that  is  now  or  may  hereafter  be  provided  by  any  law  provided  for  the 
exercise  of  the  right  of  eminent  domain  in  force  in  this  State.  This 
section  shall  apply  to  any  and  all  drainage  districts  that  have  been 
heretofore  or  may  hereafter  be  organized  under  this  Act. 

§  81.  Where,  under  the  law  there  is  only  one  commissioner  of 
highway,  the  sole  commissioner  of  highways  in  each  town  in  the  several 
counties  under  township  organization  in  this  State  shall  be  the  drainage 
commissioner  in  and  for  all  drainage  districts  in  their  respective  towns, 
organized  under  this  law,  and  shall  be  known  by  the  corporate  name  of 

"Drainage  Commissioner  of  Drainage  District  ISTo of  the  Town 

of ,  County  of and  State 

of  Illinois,"  and  by  that  name  shall  be  a  body  politic  and  may  sue  and 
be  sued,  plead  and  be  impleaded,  contract  and  be  contracted  with,  and 
shall  have  all  of  the  powers  provided  by  this  Act  for  commissioners  of 
highways  and  all  of  the  provisions  of  this  Act  referring  to  "Commis- 
sioners of  Highways"  or  "Commissioners"  shall  apply  to,  and  all  of  the 
powers  given  them  shall  be  held  and  exercised  by  the  said  sole  commis- 
sioner of  highways,  when  acting  as  such  drainage  commissioner.  In  the 
case  of  a  union  drainage  district,  where  there  is  only  one  commissioner 
of  highways  in  each  of  the  two  townships-  in  which  the  lands  in  the  said 
drainage  district  lie,  that  the  sole  commissioners  of  highways  of  the  said 
two  townships  shall  exercise  the  powers  and  authorities  given  by  this 
Act  to  the  commissioners  of  highways  to  be  selected  by  the  town  clerk 
under  this  Act,  and  that  the  sole  commissioner  of  highways  of  the 
township  in  which  the  majority  of  the  lands  of  said  union  drainage 
district  lie,  shall,  in  all  matters,  where  there  is  any  disagreement  be- 
tween the  two  commissioners  of  highways  acting  as  drainage  commis- 
sioners, have  two  votes. 

§  2.  Section  15b  of  an  Act  entitled:  "An  Act  to  provide  for  drain- 
age for  agricultural  and  sanitary  purposes,  and  to  repeal  certain  Acts 
therein  named,"  approved  June  27,  1885,  in  force  July  1,  1885,  as 
amended,  is  repealed. 

Approved  June  28,  1919. 


COMMISSIONERS — ELECTION. 

§   1.     Amends  section   15a,   Act   of  1885.  §   15a.     Effect     of     organization 

of  drainage  districts 
— election — officers  — 
oath — vacancy. 

(House  Bill  No.  301.     Approved  June  28,  1919.) 

An  Act  to  amend  section  15a  of  an  Act  entitled,  "An  Act  to  provide 
for  drainage  for  agricultural  and  sanitary  purposes,  and  to  repeal 
certain  Acts  therein  named,"  approved  June  27,  1S85,  in  force  July 
1,  1885,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  15a  of  an  Act  entitled, 
"An  Act  to  provide  for  drainage  for  agricultural  and  sanitary  purposes, 
and  to  repeal  certain  Acts  therein  named,"  approve'd  June  27,  1885, 
in  force  July  1,  1885,  as  amended,  is  amended  to  read  as  follows: 


454  DKAINAGE. 


§  15a.  Upon  the  organization  of  any  drainage  district  as  pro- 
vided in  section  15  of  this  Act,  the  duties  and  obligations  of  the  com- 
missioners of  highways,  of  said  drainage  commissioners  of  such  dis- 
trict shall  cease  as  soon  as  drainage  commissioners  shall  have  been  elect- 
ed and  qualified  as  herein  provided.  It  shall  be  the  duty  of  the  town 
clerk  to  call  an  election  in  each  district  in  his  township,  including  the 
new  districts  organized  during  the  previous  year,  by  giving  ten  (10) 
days'  notice  that  an  election  will  be  held  (specifying  time  and  place), 
said  notice  shall  be  posted  in  three  (3)  conspicuous  places  in  said  dis- 
tricts. Elections  shall  be  held  in  the  several  drainage  districts  organ- 
ized under  this  Act  on  the  second  Saturday  in  March  of  each  year,  be- 
tween the  hours  of  2 :00  and  4 :00  o'clock  p.  m. :  Provided,  however, 
that  in  case  the  town  clerk  shall  at  any  time  fail,  refuse  or  neglect  to 
give  the  notice  herein  required  and  by  reason  thereof  no  election  is 
held  on  the  second  Saturday  of  March,  as  aforesaid,  then  the  clerk 
shall,  upon  the  demand  of  any  drainage  commissioner  or  any  person 
interested,  call  an  election  for  such  purpose  and  give  notice,  and  said  elec- 
tion may  be  held  at  any  time  in  such  case  after  the  second  Saturday 
of  March  of  each  year,  and  the  commissioners  elected  at  such  election 
shall  be  the  drainage  commissioners  of  said  district,  and  in  case  of 
the  expiration  of  the  term  of  office  of  any  commissioner,  or  all  of  them, 
a  new  set  of  commissioners  may  be  elected  as  the  case  may  be  under 
the  notice  as  aforesaid. 

At  the  first  election  in  each  district  there  shall  be  elected  three 
(3)  commissioners,  one  for  one  year,  one  for  two  years,  and  one  for 
three  years,  and  annually  thereafter,  one  drainage  commissioner  shall 
be  elected  who  shall  hold  his  office  three  years,  and  until  his  successor 
is  elected  and  qualified.  Every  adult  owner  of  land  in  the  district, 
whether  residing  within  or  without  the  district,  shall  be  a  voter,  and 
if  a  resident  of  the  county  in  which  the  district  or  any  part  thereof 
lies,  eligible  to  the  office  of  drainage  commissioner.  Said  elections  shall 
be  conducted  after  the  manner  provided  by  law  governing  school  elec- 
tions. Commissioners  of  highways  shall  act  as  judges  and  clerk  of  the 
first  election  held  in  any  district ;  thereafter  the  drainage  commissioners 
shall  act  as  judges  and  clerk  of  elections  in  their  respective  districts. 
If  said  commissioners  be  not  present,  it  shall  be  competent  for  the 
electors  present  to  select  judges  and  clerk  of  said  election.  Eeturns 
of  said  election  shall  be  made  to  the  town  clerk,  who  shall  record  the 
same  in  a  book  kept  for  that  purpose.  Said  commissioners  shall  take 
the  oath  of  office  before  some  officer  authorized  to  administer  oaths. 
Said  commissioners  shall  be  known  by  the  corporate  name  of  drainage 

commissioners  of District  No ,  of  the  town  of , 

county  of ._ ,   State  of  Illinois,  and  by  that  name  shall  be  a 

body  politic  and  corporate,  and  may  sue  and  be  sued,  plead  and  be 
impleaded,  contract  and  be  contracted  with,  and  shall  be  the  corporate 
authority  of  their  respective  districts.  Before  entering  upon  their 
duties  as  herein  provided,  the  drainage  commissioners  shall  take  and 
subscribe  an  oath  substantially  as  follows,  viz: 

We> drainage  commissioners  of 

Drainage  District  No ,  do  solemnly  swear  (or  affirm)  that  we 


DRAINAGE.  ID.") 


will  faithfully  and  impartially  perform  the  duties  required  of  us  to 
the  best  of  our  understanding  and  judgment  and  make  assessment  of 
damages  and  benefits  (or  benefits  as  the  case  may  be),  in  favor  of  or 
against  the  land  in  said  district,  according  to  law. 

When  a  vacancy  occurs  amongst  the  drainage  commissioners,  elect- 
ed under  this  Act,  it  shall  be  the  duty  of  the  surviving  commissioner 
or  commissioners  to  call  an  election  to  fill  the  vacancy.  The  commis- 
sioners shall  give  not  less  than  ten  (10)  days'  notice  of  the  time  when  and 
place  where  the  election  will  be  held,  and  the  ballot  shall  state  that  the 
commissioner  or  commissioners  are  being  elected  to  fill  a  vacancy. 

Approved  June  28-,  1919. 


LANDS  PROTECTED   FROM   INUNDATION   AND   OVERFLOW   TO    BE 

INCLUDED. 

§    1.     Adds  section   7  8,  Act  of   1879.  §   7  8.     Lawful      to      include      in 

drainage  district  all 
lands  protected  from 
inundation,   etc. 

(House  Bill  No.  69.     Filed  May  29.   1919.) 

An  Act  to  amend  an  Act  entitled:     "An  Act  to  provide  for  the  con- 
struction,  reparation   and  protection   of   drains,   ditches  and   levees, 
across  the  lands  of  others  for  agricultural,  sanitary  and  mining  pur- 
poses and  to  provide  for  the  organization  of  drainage  districts"  ap- 
proved and  in  force  May  29th,  1879,  and  the  Acts  amendatory  thereto. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in   the   General  Assembly:     That   an   Act   entitled:     "An 
Act  to  provide  for  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",  be   amended  by  adding  thereto   a  section,  to  be  known   as 
section  78,  to  read  as  follows : — 

§  78.  In  the  organization  of  drainage  districts  under  this  Act, 
where  the  works  of  the  district  include  the  construction  of  levees  to 
protect  the  lands  within  said  district  from  inundation  and  overflow, 
and  the  installation  of  a  pumping  plant,  it  shall  be  lawful  to  include 
within  the  boundaries  of  said  district  all  the  lands  protected  from 
inundation  and  overflow  and  all  lands  benefited  by  reason  of  the  con- 
struction of  levees,  and  the  installation  of  said  pumping  plant,  re- 
gardless of  whether  or  not  any  of  said  lands  are  included  within  the 
boundaries  of  any  other  district  organized  under  the  laws  of  the  State 
of  Illinois,  the  works  of  which  district  consist  only  of  ditches  and  drains 
and  do  not  include  the  construction  of  levees  and  the  installation  of 
pumping  plants. 

Filed  May  29,  1919. 

This  bill  having-  remained  with  the  Governor  ten  davs,   Sundavs  excepted,  the 
Gene'-al  Assembly  being-  in  session,   it  has  therebv  become  a   law. 
Witness  my  hand  this  twenty-ninth  day  of  May.  A.   D.   1919. 

Louis  L.   Emmerson.  Secretary  of  State. 


456  DRAINAGE. 


LEVEE  AS  PART  OP  WORK.  IN  DRAINAGE   DISTRICTS. 

§   1.     Amends  section  59,  Act  of  1879.  §   59.     May       build       additional 

drains,  etc.  —  may 
cause  additional  as- 
sessments. 

(Senate  Bill,  No.  167.     Approved  June  23,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  construc- 
tion, 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 
May  29,  1879,  in  force  May  29,  1879,  as  subsequently  amended,  by 
amending  section  fifty-nine   (59)   thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  the  construction,  reparation  and  protectiou  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  May  29,  1879,  in  force  May  29,  1879,  as  subsequently 
amended,  be  and  the  same  is  hereby  amended  by  amending  section  fifty- 
nine  (59)  to  read  as  follows: 

§  59.  If,  after  an  assessment  of  lands  throughout  the  district 
has  been  made  for  the  purpose  of  constructing  drains  or  ditches,  or  en- 
larging or  repairing  the  main  drains  or  ditches  of  said  district,  accord- 
ing to  the  profiles,  plans  and  specifications  of  the  commissioners,  as 
reported  and  confirmed,  there  remain  lands  in  particular  localities  in 
any  original  district  which  maintains  a  levee  as  a  part  of  its  work, 
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  any  original  district  which  maintains  a  levee  as  a  part  of  its  work, 
in  the  manner  hereinafter  set  forth  without  the  necessity  of  a  petition 
of  the  land  owners  therefor,  and  in  all  cases  in  any  original  district 
which  maintains  a  levee  as  a  part  of  its  work,  where,  upon  written 
application  to  the  commissioners  signed  by  a  majority  in  number  of 
the  adult  land  owners  in  such  locality  owning  in  the  aggregate  more 
than  one-third  of  the  land  affected,  or  by  the  adult  land  owners  of  a 
major  part  of  the  land  in  such  locality  who  constitute  one-third  or 
more  of  the  owners  of  the  land  affected,  it  shall  appear  that  additional 
ditches,  drains,  outlets,  levees,  pumping  plants  or  other  work  are  neces- 
sary in  order  to  afford  more  complete  drainage  to  such  locality,  it  shall 
be  the  duty  of  such  commissioners  to  examine  such  lands,  and  lay  off 
and  make  plans,  profiles  and  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  all  of  the  lands  which  will  be  either  benefited  or 
damaged  by  such  additional  work,  together  with  the  names  of  the  own- 
ers, when  known;  and  said  commissioners  may  use  any  money  in  their 
hands  not  otherwise  appropriated  to  pay  the  necessary  expenses  of  pre- 


DRAINAGE.  457 


paring  said  special  report :  Provided,  said  sum  to  be  expended  shall 
in  no  case  exceed  the  sum  of  $500.00;  the  special  report  when  pre- 
pared 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  application 
for  additional  work  or  not,  three  weeks'  notice  of  the  filing  and  hear- 
ing 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  amend- 
ed, 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  provided 
for  the  making  of  the  original  assessments  of  the  benefits  and  damages 
by  this  Act;  and  like  proceedings  shall  be  had  thereon  as  in  other 
cases  and  assessments  of  benefits  and  damages  provided  by  this  Act; 
and  said  commissioners  shall  have  the  power  to  cause  to  be  made  ad- 
ditional assessment  of  benefits  and  damages  for  the  same  purposes  and 
with  like  proceedings  as  in  cases  of  additional  assessment  of  benefits 
and  damages  made  for  original  districts  under  this  Act;  and  the  said 
commissioners  may  cause  to  be  levied  an  assessment  of  annual  benefits 
in  said  sub-district  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  pumping  plant,  such  annual  benefits  shall 
not  in  any  one  year  amount  to  more  in  the  aggregate  than  a  sum 
which  would  be  produced  by  a  levy  of  thirty  cents  per  acre  on  all  the 
lands  within  said  sub-district. 

The  affidavit  of  any  of  the  commissioners,  or  any  other  creditable 
person,  of  the  posting  and  mailing  thereof  affixed  fo  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  be- 
longing to  such  sub-district,  and  said  commissioner  shall  have  the  power 
if  necessary  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  principl  district  shall  be  ex-ofjicio  com- 
missioners of  the  sub-district. 

Any  lands  lying  outside  of  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  whose  lands  are  or  will  be  benefited 
by  the  work  of  such  sub-district,  shall  be  deemed  to  have  made  voluntary 
application  to  be  included  in  such  sub-district,  and  thereupon  the  com- 


458  DRAINAGE. 


raissioners  shall  make  complaint  as  provided  in  section  58  of  this  Act 
as  to  lands  lying  outside  of  a  drainage  district  as  organized,  and  like 
proceedings  shall  be  made  thereon  as  in  cases  of.  complaints  made  under 
said  section  58.  » 

Approved  June  23,  1919. 


LITTLE  WABASH  RIVER  DRAINAGE  DISTRICT. 
§    1.     Repeal.  8   2.     Proceedings    abated. 

(Senate  Bill  No.   355.     Approved  June  12,   1919.) 

An  Act  to  repeal  an  Act  entitled,  "An  Act  to  provide  for  the  organiza- 
tion of  Little  Wabash  Fiver  Drainage  District  and  for  the  changing 
and  improvement  of  the  channel  of  Little  Wabash  River  and  its 
tributaries  by  special  assessments  on  the  property  benefited  thereby," 
approved  and  in  force  June  26,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled.  "An  Act  to 
provide  for  the  organization  of  Little  Wabash  Eiver  Drainage  District 
and  for  the  changing  and  improvement  of  the  channel  of  Little  Wabash 
Eiver  and  its  tributaries  by  special  assessments  on  the  property  benefited 
thereby/'  approved  and  in  force  June  26,  1917,  is  hereby  repealed. 

§  2.  All  proceedings  heretofore  taken  by  virtue  of  the  said  Act 
in  any  of  the  courts  of  this  State  shall  be  abated  upon  the  taking  effect 
of  this  Act. 

Approved  June  12,  1919. 


ENLARGEMENT   OP   CORPORATE   LIMITS — CHICAGO    SANITARY   DISTRICT. 

§   1.     Extended   to   include   territory   de-        §   2.     Petition     for     adoption     of    Act — 
scribed.  election — duty,  of    election    offi- 

cers. 

(Senate  Bill  No.   2  40.     Approved  June  21,   1919.) 

An  Act  to  enlarge  the  corporate  limits  of  the  sanitary  district  of  Chi- 
cago. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  corporate  limits  of 
the  sanitary  district  of  Chicago  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  three  (3),  four  (4),  five  (5),  and  six  (6),  in  Township 
thirty-eight  (38),  North;  Range  twelve  (12),  East  of  the  Third  Prin- 
cipal Meridian;  sections  thirty-two  (32).  thirty-three  (33)  and  thirty- 
four  (34)  in  Township  thirty-nine  (39)  North,  Ean^e  twelve  (12), 
East  of  the  Third  Principal  Meridian,  in  the  county  of  Cook  and  State 
of  Illinois;  and  in  addition  thereto,  any  portion  or  portions  of  the  in- 
corporated villages  of  Brookfield,  LaGrange,  Western  Springs  and  La- 
Grange  Park  which  may  not  be  included  in  the  above  description. 

§  2.  If  within  one  hundred  and  twentv  (120)  davs  after  the 
passage  of  this  Act  a  petition,  signed  by  not  less  than  ten  (10)  per 
cent  of  the  legal  voters  within  the  above  described  territory,  praying 


DRAINAGE.  450 


that  the  question  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  adop- 
tion 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  majority  of  the  votes  cast  at  said  election,  upon  the  ques- 
tion of  the  adoption  of  this  Act,  shall  be  in  favor  of  the  adoption 
thereof. 

It  shall  be  the  duty  of  the  election  officers  having  charge  of  the 
preparation  of  the  ballots  and  the  giving  of  the  notices  of  election 
and  of  the  counting  and  canvassing*  and  making  returns  of  the  ballots, 
to  take  all  necessary  steps  and  do  all  necessary  acts  to  cause  the  said 
question  of  the  adoption  of  this  i\ct  to  be  submitted  to  a  vote  as  here- 
inbefore provided,  and  to  cause  the  result  of  such  election  to  be  can- 
vassed and  certified,  as  provided  by  law  in  other  similar  cases. 

Approved  June  21,  1919. 


NORTH   SHORE   SANITARY   DISTRICT. 
£    1.     Amends  Act  of  1911  by  extending  boundary  line. 

(Senate  Bill  No.  448.     Approved  June  28,  1919.) 

An  Act  to  enlarge  the  corporate  limits  of  the  North  Shore  Sanitary, 
District,  created  under  the  provisions  of  an  Act  entitled,  "An  Act 
to  create  sanitary  districts,  and  to  provide  for  sewage  disposal,"  ap- 
proved June  5,  1911,  in  force  July  1,  1911,  as  amended,  by  extending 
the  same  from  the  Northern  boundary  line  of  said  District  northerly 
to  the  state  line  between  the  States  of  Illinois  and  Wisconsin. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  corporate  limits  of  the 
North  Shore  Sanitary  District  in  the  county  of  Lake  and  State  of 
Illinois,  created  under  the  provisions  of  an  Act  entitled,  "An  Act  to 
create  sanitary  districts,  and  to  provide  for  sewage  disposal/'  approved 
June  5,  1911,  in  force  July  1,  1911,  as  amended,  are  hereby  extended 
from  the  Northern  boundary  line  of  said  District  to  the  state  line  be- 
tween the  States  of  Illinois  and  Wisconsin  so  as  to  embrace  and  include 
within  said  corporate  limits  the  territory  and  tract  of  land  situated  in 
the  county  of  Lake  and  State  of  Illinois,  hereinafter  described  as  fol- 
lows, to-wit: 

Fractional  section  two  (2)  ;  sections  three  (3)  and  four  (4)  ;  the: 
East  halves  of  sections  five  (5)  and  eight  (8)  ;  section  nine  (9), 
and  fractional  section  ten  (10)  ;  all  in  Township  forty-five  (45)  North, 
Range  twelve  (12),  East  of  the  Third  (3rd)  Principal  Meridian. 

Also  fractional  sections  two  (2)  ;  three  (3)  and  four  (4)  :  the 
East  halves  of  fractional  sections  five  (5),  and  eight  (8)  ;  sections 
nine  (9)  and  ten  (10)  ;  fractional  sections  eleven  (11)  and  fourteen 
(14)  ;  sections  fifteen  (15),  and  sixteen  (16) ;  the  East  halves  of  sections 
seventeen  (17)  and  twenty  (20)  ;  sections  twenty-one  (21)  and  twenty- 
two   (22)  ;  fractional  sections  twenty-three   (23)   and  twenty-six   (26)  ; 


460  DRAINAGE. 


sections  twenty-seven  (27),  and  twenty-eight  (28) ;  the  East  halves  of 
sections  twenty-nine  (29)  and  thirty-two  (32)  ;  sections  thirty-three 
(33)  and  thirty-four  (34)  and  fractional  section  thirty-five  (35)  ;  all 
in  Township  numbered  forty-six  (46)  Worth,  Eange  twelve  (12),  East 
of  the  Third  (3rd)  Principal  Meridian. 
Approved  June  28,  1919. 


SANITARY   DISTRICT   OF   CHICAGO. 

§    1.     Development  of  water  power.  §    3.     Electrical   energy — may   be   sold — 

minimum  rate. 
§   2.     Contracts. 

(Senate  Bill  No.   395.     Approved  June  17,   1919.) 

An  Act  in  relation  to  the  Sanitary  District  of  Chicago,  to  enable  said 
The  Sanitary  District  of  Chicago  to  develop,  lease,  purchase  and  sell 
waterpower  or  electrical  energy  rendered  available  by  the  Illinois 
Waterway  in  the  DesPlaines  River. 

Section.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  The  Sanitary  District  of 
Chicago  is  hereby  authorized  and  empowered,  upon  such  terms  and  con- 
ditions as  may  be  agreed  upon  between  the  board  of  trustees  of  said 
The  Sanitary  District  of  Chicago  and-  the  Department  of  Public  Works 
and  Buildings  of  the  State  of  Ilinois,  to  develop  into  electrical  energy  any 
water  power  in  the  DesPlaines  Eiver  rendered  available  by  the  con- 
struction of  The  Illinois  Waterway,  or  to  lease  or  purchase  any  electrical 
energy  developed  by  the  State  of  Ilinois  in  connection  with  said  The 
Illinois  Waterway  in  said  DesPlaines  Eiver. 

§  2.  In  case  any  contract  is  entered  into  as  contemplated  by  sec- 
tion 1  of  this  Act,  said  The  Sanitary  District  of  Chicago  is  hereby 
authorized  to  construct,  maintain  and  operate  such  works,  and  to  ac- 
quire and  use  such  machinery  and  appliances,  as  may  be  necessary  to 
carry  into  effect  the  powers  herein  granted. 

§  3.  The  electrical  energy  acquired  by  said  The  Sanitary  Dis- 
trict of  Chicago  under  the  provisions  of  this  Act  may  be  transmitted 
to  the  various  cities,  villages  and  towns  within  said  The  Sanitary  Dis- 
trict of  Chicago,  or  adjacent  to  the  main  channel  of  said  The  Sanitary 
District  of  Chicago,  or  the  city  of  Joliet,  and  sold  to  any  public  agency, 
person,  firm  or  corporation  for  public  or  private  consumption  upon 
such  terms  and  conditions  as  may  be  agreed  to  by  said  The  Sanitary 
District  of  Chicago,  subject,  however,  to  the  right  of  the  Public  Utili- 
ties Commission  of  the  State  of  Illinois  to  fix  the  maximum  rate  which 
may  be  charged  by  The  Sanitary  District  of  Chicago  or  its  assigns  for 
any  electrical  energy  developed  from  such  water  power. 
Approved  June  17,  1919. 


DRAINAGE. 


461 


SANITARY  DISTRICTS. 


Amends  sections  4,  7,  17  and  19, 
Act  of  1911  as  subsequently 
amended. 


§  17.  Board  of  trustees  may- 
enter  ,  into  contract 
for  disposal  of 
garbage,  etc. 

§  19.  Authority  of  board  of 
trustees  to  procure 
pure  water. 


§  4.  Powers  of  trustees — 
officers  and  em- 
ployees —  compensa- 
tion— r  u 1 e  s  and 
regulations. 

§  7.  Water  works  and 
sewage   disposals. 

(Senate  Bill  No.  494.     Filed  July  11,  1919.) 

An  Act  to  amend  sections  k  and  7  of  an  Act  entitled,  "An  Act  to> 
create  sanitary  districts  and  to  provide  for  sewage  disposal,"  approved 
June  5,  1911,  as  amended  by  an  Act  approved  June  30,  1913,  and 
also  to  re-enact  and  amend  sections  1%  and  19  of  the  said  Act  as 
approved  June  5,  1911. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  four  (4)  and  seven 
(7)  of  an  Act  entitled,  "An  Act  to  create  sanitary  districts  and  to 
provide  for  sewage  disposal,"  approved  June  5,  1911,  as  amended  by 
an  Act  approved  June  30,  1913,  be  and  the  same  are  hereby  amended; 
and  that  sections  seventeen  (17)  and  nineteen  (19)  of  the  first  men- 
tioned Act  be  re-enacted  and  amended  so  that  all  of  said  sections  shall 
read  as  follows: 

§  4.  The  trustees  elected  in  pursuance  of  the  foregoing  provisions 
of  this  Act  shall  constitute  a  board  of  trustees  for  the  district  by  which 
they  are  elected,  which  board  of  trustees  is  hereby  declared  to  be  the 
corporate  authorities  of  such  district,  and  shall  exercise  all  the  powers 
and  manage  and  control  all  the  affairs  and  property  of  such  district. 
Said  board  of  trustees  shall  have  the  right  to  elect  a  president  from 
among  their  own  number,  secretary,  treasurer,  chief  engineer,  superin- 
tendent and  attorney,  and  to  provide  by  ordinance  for  the  employ- 
ment of  such  clerks,  and  other  employees  as  said  board  may  deem 
necessary  for  such  municipality,  who  shall  hold  their  respective  offices 
during  the  pleasure  of  the  board,  and  who  shall  give  bond  as  may  be 
required  by  said  board.  Said  board  may  prescribe  the  duties  and  fix 
the  compensation  of  all  the  officers  and  employees  of  said  sanitary 
district:  Provided,  however,  that  the  salary  of  the  president  of  the 
said  board  of  trustees  shall  in  no  case  exceed  the  sum  of  one  thousand 
dollars  per  annum;  and  the  salary  of  the  other  members  of  said  board 
shall  not  exceed  five  hundred  dollars  per  annum:  And,  provided,  fur- 
ther,  that  the  amount  received  by  any  attorney  shall  not  exceed  the 
sum  of  two  thousand  dollars  ($2,000)  per  annum.  Said  board  of  trus- 
tees shall  have  full  power  to  pass  all  necessary  ordinances,  rules  and 
regulations  for  the  proper  management  and  conduct  of  the  business  of 
said  board  of  trustees  and  of  said  corporation,  and  for  the  carrying 
into  effect  the  objects  for  which  such  sanitary  district  is  formed. 

§  7.  The  board  of  trustees  of  any  sanitary  district  organized 
under  this  Act  shall  have  power  to  provide  for"  the  disposal  of  the 
sewage  thereof  and  to  save  and  preserve  the  water  supplied  to  the  in- 
habitants of  such   district  from   contamination   and   for  that   purpose 


462  DRAINAGE. 


may   construct   and  maintain   an   enclosed '  conduit   or   conduits,   main 
pipes,  wholly  or  partially  submerged,  buried  or  otherwise,  and  by  means 
of  pumps  or  otherwise  cause  such  sewage  to  flow  or  to  be  forced  through 
such  conduit  or  conduits,  pipe  or  pipes  to  and  into  any  ditch  or  canal 
constructed  and  operated  by  any  other  sanitary  district,  after  having 
first  acquired  the  right  so  to  do,  or  such  board  may  provide  for  the 
drainage  of  such  district  by  laying  out,  establishing,  constructing  and 
maintaining  one  or  more  channels,  drains,  ditches  and  outlets  for  car- 
rying off  and  disposing  of  the  drainage  (including  the  sewage)  of  such 
district,  together  with  such  adjuncts  and  additions  thereto  as  may  be 
necessary  or  proper  to  cause  such  channels  or  outlets  to  accomplish  the  end 
for  which  they  are  designed,  in  a  satisfactory  manner,  including  pumps 
and  pumping  stations  and  the  operation  of  the  same.     Such  board  shall 
provide  suitable  and  moclernly  equipped  sewage  disposal  works  or  plants 
for  the  separation  and  disposal  of  all  solids  and  deleterious  matter  from 
the  liquids,  and  shall  treat  and  purify  the  residue  of  such  sewage  so 
that  when  the  same  shall  flow  into  any  lake,  it  will  not  injuriously 
contaminate  the  waters  thereof,  and  shall  adopt  any  feasible  method 
to    accomplish    the    object    for    which    such    sanitary    district   may    be 
created,   and  may  also  provide  means  whereby  the   said  sanitary  dis- 
trict may  reach  and  procure  supplies  of  water  for  diluting  and  flushing 
purposes:     Provided,  however,  that  nothing  herein  contained  shall  be 
construed  to  empower,  authorize  or  require  such  board  of  trustees  to 
operate  a  system  of  water  works  for  the  purpose  of  furnishing  or  de- 
livering water  to  any  such  municipality  or  to  the  inhabitants  thereof 
without  the  payment  therefor  at  such  rates  as  such  board  may  deter- 
mine upon.    Nothing  in  this  Act  contained  shall  authorize  said  trustees 
to  flow  the  sewage  of  such  district  into  Lake  Michigan,  and  any  such 
plan  for  sewage  disposal  by  any  sanitary  district  organized  hereunder 
is  hereby  prohibited,  unless  such  sewage  shall  have  been  treated  and 
purified  as  provided  in  this  section,  all  laws  of  the  Federal  government 
relating  to  the  pollution  of  navigable  waters  have  been  complied  with, 
the  approval  of  plans  and  constructions  of  outlets  and  connection  with 
any  of  the  streams  or  navigable  bodies  of  water  within  or  bordering 
upon  the   State  obtained  from  the  Department  of   Public  Works  and 
Buildings   of  the   State,   and  the   discharge   of   any   sewage   from   any 
such   district   into   any   of   the   streams   or   navigable  bodies   of   water 
within  or  bordering  upon  the  State  subject  to  the  orders  of  said  De- 
partment of  Public  Works  and  Buildings  at  all  times  to  prevent  the 
pollution   and   contamination   of   such   streams   or  bodies   of  water   bv 
any  discharge  of  sewage  by  any  sanitary  district  therein.     Nothing  in 
this  Act  contained  shall  be  construed  as  in  any  manner  limiting  or 
preventing  the  control  of  sewage  disposal  or  the  pollution  of  streams, 
lakes  or  other  public  bodies  of  water  by  the  Department  of  Public  Works 
and  Buildings  of  the  State  as  provided  in  an  Act  entitled  "An  Act 
creating  a  Eivers  and  Lakes  Commission  for  the  State  of  Illinois,  and 
defining  the  duties  and  powers  thereof,"  approved  June   10,   1911,  in 
force  July  1,  1911,  with  all  subsequent  amendments. 

§  17.     The  board    of   trustees   of   any   such   sanitary   district   are 
hereby  vested   with  power  and   authority  to   enter  into   contract  with 


DRAINAGE.  463 


any  city  or  village  for  the  reduction,  treatment  and  disposal  of  any 
garbage  or  offal,  or  solid  matter  removed  from  sewage  at  any  disposal 
plant  or  treatment  works. 

§  19.  Whenever  within  any  such  sanitary  district  there  shall  be 
a  city,  incorporated  town  or  village,  which  owns  a  system  of  waterworks 
and  supplies  water  from  a  lake  or  other  source  which  will  be  saved 
and  preserved  from  sewage  pollution,  or  other  contamination,  by  the 
board  of  trustees  of  such  district  in  the  exercise  of  the  powers  and 
authority  by  this  Act  conferred,  and  there  shall  he  in  such  sanitary 
district  any  city,  incorporated  town  or  village,  which  does  not  own  or 
operate  any  system  of  water  works,  at  the  time  of  the  creation  of  such 
sanitary  district,  then  the  board  of  trustees  of  such  sanitary  district 
shall  have  and  they  are  hereby  vested  with  the  same  power  and  authority 
conferred  upon  the  board  of  trustees  of  any  district  organized,  or  that 
might  be  organized,  under  an  Act  entitled,  "An  Act  to  provide  for  the 
organization  of  water  districts  to  enable  certain  territory  to  procure 
pure  water,"  approved  June  5,  1911.  And  said  board  of  trustees  of 
said  sanitary  district  may  exercise  such  power  and  authority  as  and 
in  the  manner  provided  by  sections  number  four  (4)  to  and  including 
section  number  twenty  (20)  of  said  last  mentioned  Act.  Said  board 
of  trustees  of  such  sanitary  district  are  also  hereby  authorized  and 
empowered  to  take  a  lease  from  any  such  city  of  any  public  utilities 
specified  in  section  two  (2)  of  an  Act  entitled,  "An  Act  to  authorize 
cities  to  acquire,  construct,  own  and  to  lease  or  operate  public  utilities 
and  provide  the  means  therefor,"  approved  June  26,  1913,  as  amended 
by  an  Act  approved  June  22,  1915. 

Filed  July  11,  1919. 

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

Witness  my  hand  this  11th  day  of  July,  A.  D.  1919. 

Louis  L.   Emmerson,  Secretary  of  State. 


SANITARY  DISTRICTS. 

S    1.     Amends  section  18,  Act  of  1917.  §   2.     Adds  section   3a. 

§   18.     Pollution     of     waters  —  §   3a.     County   judge   to    fill   va- 

police   powers.  cancy     in     board     of 

trustees. 

(Senate  Bill  No.   386.     Approved  June  28,   1919.) 

An  Act  to  amend  section  18  of  an  Act  entitled,  "An  Act  to  create  sani- 
tary districts  and  to  provide  for  sewage  disposal,"  approved  June  22, 
1917,  in  force  July  1,  1917,  and  to  add  an  additional  section  to  said 
Act,  to  be  known  as  section  3a. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  18  of  an  Act  en- 
titled, "An  Act  to  create  sanitary  districts  and  to  provide  for  sewage 
disposal,"  approved  June  22,  1917,  in  force  July  1,  1917,  be  amended 
to  read  as  follows: 

§  18.  The  board  of  trustees  of  any  such  sanitary  district  shall 
have  power  and  authority  to  prevent  the  pollution  of  any  waters  from 


4G4  DRAINAGE. 


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  territory  included  within  a  radius  of  fifteen  miles  from  the 
intake  of  any  such  water  supply  in  any  such  waters,  for  the  purpose  of 
preventing  the  pollution  of  said  waters,  and  any  interference  with  any 
of  the  property  of  such  sanitary  district;  but  such  police  officers  when 
acting  within  the  limits  of  any  such  city,  town  or  village,  shall  act  in 
aid  of  the  regular  police  force  thereof,  and  shall  then  be  subject  to  the 
direction  of  its  chief  of  police,  city  or  village  marshals  or  other  head 
thereof;  provided,  that  in  so  doing,  they  shall  not  be  prevented  or 
hindered  from  executing  the  orders  and  authority  of  said  board  of 
trustees  of  such  sanitary  district:  Provided,  further,  that  before  com- 
pelling 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  have  provided  means  to  prevent  the  pollution  of  said  water 
from  sewage  or  refuse  originating  from  their  own  sanitary  district. 

§  2.  That  the  Act  entitled,  'An  Act  to  create  sanitary  districts 
and  to  provide  for  sewage  disposal/  approved  June  22,  1917,  in  force 
July  1,  1917,  be  amended  by  adding  thereto  one  new  section,  to  be 
known  as  section  3a,  which  shall  read  as  follows,  to-wit: 

§  3a.  Whenever  a  vacancy  in  said  board  of  trustees  shall  occur, 
either  from  death,  resignation,  refusal  to  qualify,  or  for  any  other  rea- 
son, the  county  judge  shall  have  power  to  fill  such  vacancy  by  appoint- 
ment; and  such  person  so  appointed  shall  qualify  for  office  in  the 
manner  hereinbefore  stated  and  shall  thereupon  assume  the  duties  of  the 
office  for  the  unexpired  term  to  which  such  person  was  appointed." 

Approved  June  28,  1919. 


SANITARY  DISTRICTS. 

§   1.     Organization    legalized.  §   3.     Emergency. 

§   2.     Authorized    acts    and    proceedings 
declared  legal. 

(House  Bill,  No.  307.     Approved  June  10,  1919.) 

An  Act  to  legalize  the  organization  of  sanitary  districts  where  such 
districts  have  been  organized  in  pursuance  of  "An  Act  to  create  sani- 
tary districts  and  to  provide  for  sewage  disposal",  approved  June  22, 
1917,  in  force  July'l,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  whenever  the  inhabitants 
of  any  area  of  contiguous  territory  shall  have  proceeded  to  organize  as  a 
sanitary  district  under  and  by  virtue  of  "An  Act  to  create  sanitary  dis- 
tricts and  to  provide  for  sewage  disposal",  approved  June  22,  1917,  in 
force  July  1,  1917,  and  a  meeting  of  the  board  of  commissioners  has 
been  held  for  the  purpose  of  fixing  and  determining  the  limits  and 
boundaries  of  such  proposed  district,  without  giving  the  notice  of  such 
meeting,  by  publication  thereof  the  required  number  of  times  prior  to 


DRAINAGE.  465 


said  meeting,  as  provided  by  law,  and  in  all  cases  where  a  majority  of 
the  inhabitants  of  such  territory  voting  on  the  proposition  having  voted 
at  any  election  called  for  the  purpose  of  organizing  said  district,  as 
provided  by  said  Act,  and  due  publication  of  said  notice  of  said  election 
and  the  posting  of  said  notices  in  the  respective  voting  districts  therein 
have  not  been  had  as  provided  by  law,  each  such  meeting  of  the  board 
of  commissioners  to  fix  and  determine  the  limits  and  boundaries  of  such 
proposed  district  and  each  such  election  so  held,  as  set  forth  herein,  are 
hereby  made  legal  and  valid,  and  such  territory  is  hereby  declared  legally 
and  validly  organized  and  established  as  a  sanitary  district  and  body 
politic  and  corporate  of  this  State  for  the  purpose  of  providing  for 
sewage  disposal. 

§  2.  All  acts  and  proceedings  heretofore  done,  had  or  performed 
by  each  such  district  and  the  persons  from  time  to  time  appointed  and 
acting  as  trustees  thereof,  such  as  are  authorized  to  be  done,  are  hereby 
declared  to  be  legal  and  valid  in  all  respects. 

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

Approved  June  10,  1919. 


SANITARY  DISTRICTS — DESPLAINES  AND   ILLINOIS  RIVERS. 

§    1.     Amends  section  17,  Act  of  1889.  .  §    17.     May  '  acquire     right     of 

way — requirements  for 
bridges — when  street 
becomes  part  of  pub- 
lic  highway. 

(House  Bill  No.  665.     Approved  June  28,  1919.) 

An  Act  to  amend  section  seventeen  of  an  Act  entitled:  "An  Act  to 
create  sanitary  districts  and  to  remove  obstructions  in  the  Des  Plaines 
and  Illinois  Rivers"  approved  May  29,  1889,  in  force  July  1,  1889,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  seventeen  of  an  Act 
entitled :  "An  Act  to  create  sanitary  districts  and  to  remove  obstruc- 
tions in  the  Des  Plaines  and  Illinois  Rivers/'  approved  May  29,  1889, 
in  force  July  1,  1889,  as  amended  is  amended  to  read  as  follows: 

§  17.  When  it  shall  be  necessary  in  making  any  improvements 
which  any  district  is  authorized  by  this  Act  to  make,  to  enter  upon  any 
public  property  or  property  held  for  public  use,  such  district  shall  have 
the  power  so  to  do  and  may  acquire  the  necessary  right  of  way  over  such 
property  held  for  public  use  in  the  same  manner  as  is  above  provided 
for  acquiring  private  property,  and  may  enter  upon,  use,  widen,  deepen 
and  improve  any  navigable  or  other  waters,  waterways,  canal  or  lake : 
Provided,  the  public  use  thereof  shall  not  be  unnecessarily  interrupted 
or  interfered  with,  and  that  the  same  shall  be  restored  to  its  former 
usefulness  as  soon  as  practicable. 

Every  such  district  may  build  suitable  bridges  with  suitable  ap- 
proaches thereto,  with  roadways  and  sidewalks  thereon  for  public  travel 

—30  L 


466  DRAINAGE. 


across  its  main  drainage  channel  on  the  line  of  Crawford  Avenue,  some- 
times called  40th  Avenue,  in  the  City  of  Chicago,  as  extended  across 
the  said  main  channel;  and  also  on  the  line  of  California  Avenue  in  the 
City  of  Chicago  as  extended  across  said  main  drainage  channel;  also  on 
the  line  of  Cicero  Avenue,  sometimes  called  48th  Avenue,  which 
lies  partly  in  the  City  of  Chicago  and  partly  in  the  township  of  Stick- 
ney,  as  extended  across  said  main  drainage  channel;  and  on  the  line  of 
Harlem  Avenue,  sometimes  called  72nd  Avenue,  as  extended  across 
said  main  drainage  channel,  all  in  the  county  of  Cook.  Provided, 
that  such  bridges  shall  be  without  center  piers  and  shall  otherwise 
conform  to  the  requirements  of  the  Federal  government  with  regard  to 
the  width  of  the  channel,  clearance  and  other  regulations  designed  to 
prevent  interference  with  commerce.  Said  bridges  with  approaches, 
roadways  and  sidewalks  thereon  shall  be  thereafter  maintained  in  good 
order  for  public  travel  by  any  such  district  as  a  corporate  expense,  and 
no  compensation  shall  be  demanded  or  required  to  be  paid  any  such 
district  for  its  land  necessarily  taken  to  form  part  of  a  street  or  high- 
way to  afford  access  to  any  such-  bridge  or  as  compensation  for  such 
bridges  and  their  appurtenances  as  aforesaid:  Provided,  however,  that 
if  any  such  bridges  with  approaches,  roadways  and  sidewalks  thereon 
shall  lie  wholly  within  the  territorial  limits  of  any  one  municipality, 
then  any  such  bridges  and  appurtenances  shall  on  completion  be  turned 
over  to  the  corporate  authorities  of  any  such  municipality  free  of  cost, 
and  shall  thereupon  become  the  property  of  such  municipality,  and  be 
maintained  in  good  order  for  public  travel  by  such  municipality:  And 
provided,  further,  however,  that  if  any  lands  of  such  district  is  neces- 
sarily taken  to  form  part  of  a  street  or  roadway  leading  to  any  such 
bridge,  which  land  lies  wholly  within  such  municipality,  or  if  such 
district  shall  enter  into  a  contract  with  any  such  municipality  for  the 
dedication  of  the  right  of  way  for  a  street  across  or  over  any  lands  of 
such  district  adjoining  such  main  channel  for  an  approach  or  roadway 
leading  to  any  such  bridge  lying  wholly  within  any  such  municipality, 
then  such  street  shall  become  a  part  of  the  public  highways  of  such 
municipality,  and  such  municipality  shall  thereafter  maintain  such 
street  and  all  parts  and  portions  thereof  and  shall  place  any  and  all 
improvements  that  such  municipality  may  deem  necessary  in  such  street 
without  any  cost  or  charge  of  any  kind  to  said  district. 
Approved  June  28,  1919. 


SANITARY  DISTRICTS — TO  BUILD  AND  MAINTAIN  HIGHWAYS. 

§   1.     Adds  section  10a,  Act  of  1889.  §   10a.     Districts    to    build    and 

maintain  highways. 

(House  Bill  No.  260.     Approved  June  21,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  create  sanitary  districts 
and  to  remove  obstructions  in  the  DesPlaines  and  Illinois  Rivers", 
approved  May  29,  1889,  in  force  July  1,  1889,  as  amended,  by  adding 
thereto  a  section  to  be  known  as  section  10a. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     An  Act  entitled,   "An   Act  to 


DRAINAGE.  4G7 


create  sanitary  districts  and  to  remove  obstructions  in  the  DesPlaincs 
and  Illinois  Rivers",  approved  May  29,  1889,  in  force  July  1,  1889, 
as  amended,  is  amended,  by  adding  thereto  a  section  to  be  known  as 
section  10a,  to  read  as  follows : 

§  10a.  Any  district  organized  under  this  Act  shall  have  power 
to  build  and  maintain  highways  along  or  near  any  canal  or  channel  built 
by  the  district,  upon  land  owned  by  said  district,  and  to  repair  and 
maintain  public  highways  near  or  along  any  such  canal  or  channel, 
whenever  such  highways  so  constructed,  or  so  repaired  or  maintained, 
are  necessary,  in  the  discretion  of  the  board  of  trustees,  to  make  acces- 
sible and  available  for  convenient  use  dock  property  owned  by  the  "dis- 
trict. 

Approved  June  21,  1919. 


SKILLET  FORK  RIVER  DRAINAGE  DISTRICT. 
§    1.     Repeals  Act  of   1917.  §   2.     All  proceedings  abated. 

(Senate  Bill  No.   356.     Approved  June  11,   1919.) 

An  Act  to  repeal  an  Act  entitled:  "An  Act  to  provide  for  the  organiza- 
tion of  Skillet  Fork  River  Drainage  District  and  for  the  improvement 
of  the  channel  of  Skillet  Fork  River  and  its  tributaries  by  speciaJl 
assessments  on  the  property  benefitted  [benefited]  thereby/'  approved 
and  in  force  April  11,  1917,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled:  "An  Act  to 
provide  for  the  organization  of  Skillet  Fork  Eiver  Drainage  District 
and  for  the  improvement  of  the  channel  of  Skillet  Fork  Eiver  and  its 
tributaries  by  special  assessment  on  the  property  benefitted  [benefited] 
thereby,"  approved  and  in  force  April  11,  1917,  as  amended,  is  hereby 
repealed. 

§  2.  All  proceedings  heretofore  taken  by  virtue  of  the  said  Act 
in  any  of  the  courts  of  this  State  shall  be  abated  upon  the  taking  affect 
of  this  Act. 

Approved  June  11,  1919. 


SPECIAL   DISTRICTS   ORGANIZED. 

§   1.     Amends  section  53,  Act  of  1885.  §   53.     When     special     drainage 

district  organized — fif- 
teen or  more  land 
owners  —  election — no- 
tice— voting    place. 

(House  Bill  No.  52.     Approved  June  28,  1919.) 

An  Act  to  amend  section  53  of  an  Act  entitled,  "An  Act  to  provide 
for  drainage  for  agricultural  and  sanitary  purposes  and  to  repeat 
certain  acts  therein  named,"  approved  June  27,  1885,  in  force  July 
1,  1885,  as  amended  by  an  Act  approved  June  25,  1915,  in  force 
July  1,  1915. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  53  of  an  Act  en- 
titled "An  Act  to  provide  for  drainage  for  agricultural  and  sanitary 
purposes   and  to  repeal   certain   Acts  therein   named",   approved   June 


468  EDUCATIONAL    QUALIFICATION'S. 


27,  1885,  in  force  July  1,  1885,  as  amended  by  an  Act  approved  June 
25,  1915,  in  force  July  1,  1915,  be  amended  to  read  as  follows: 

§  53.  As  soon  as  a  special  drainage  district  has  been  organized, 
containing  fifteen  (15)  or  more  landowners,  it  shall  be  the  duty  of  the 
county  clerk  of  the  county  in  which  the  proceedings  are  instituted,  who 
shall  be  ex  officio  clerk  of  the  commissioners  of  said  district,  to  give  notice 
by  posting  written  or  printed  notices  in  at  least  five  public  places  in 
said  district,  and  that  on  a  day  and  place  therein  named,  and  at  an 
hour  not  later  than  two  (2)  o^  clock  p.  m.,  and  not  less  than  ten  (10)  days 
from  the  date  of  notice,  an  election  will  be  held,  for  the  purpose  of 
electing  three  (3)  drainage  commissioners'  for  said  district,  and  the 
meetings  of  said  commissioners  shall  be  held  at  the  office  of  said  county 
clerk  or  at  some  place  within  such  drainage  district;  -provided  that 
meetings  of  the  commissioners,  except  those  of  which  notice  is  required 
to  be  given  to  the  landowners,  may  be  held  beyond  the  boundaries  of 
the  district,  but  within  the  county  in  which  the  district  is  organized, 
at  some  place  designated  by  an  order  duly  made  and  entered  in  the 
records  of  the  district  as  the  regular  meeting  place  of  the  commissioners 
and  the  adoption  of  which  meeting  place  a  notice  shall  be  published 
for  three  successive  weeks  in  at  least  one  newspaper  in  each  county  in 
which  such  special  drainage  district  or  a  part  thereof  may  be  situated; 
and  provided  further  that  elections  in  special  drainage  districts  shall 
be  held  within  the  boundaries  of  the  districts.  However,  upon  a  peti- 
tion signed  by  a  majority  of  the  adult  landowners  in  any  such  district 
petitioning  for  the  establishment  of  a  voting  place  outside  of  such 
district  and  specifically  describing  the  location  of  such  proposed  voting 
place,  being  filed  in  the  court  where  such  district  was  organized,  the 
court  may,  if  it  finds  it  will  be  for  the  convenience  of  the  landowners, 
enter  an  order  establishing  the  voting  place  petitioned  for,  notice  of 
the  hearing  on  such  petition  to  be  given  for  such  length  of  time  and 
in  such  manner  as  the  court  may  direct. 
Approved  June  28,  1919. 

EDUCATIONAL  QUALIFICATIONS. 


VALIDATION. 
§   1.     Requirements  to  take  examination  for  license  relating  to  practice  of  profes- 
sions, etc. 

(House  Bill  No.  484.     Approved  June  23,  1919.) 

An  Act  to  validate  the  educational  qualifications  of  applicants  for\ 
licenses  and  certificates  of  registration  under  the  laws  of  this  State 
relating  to  the  regulation  of  the  practice  of  professions,  trades  and 
occupations. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  any  person  who,  during 
the  school  year  1917-1918,  graduated  from  a  school  which,  at  the  time 
of  graduation,  was  deemed  by  the  appropriate  administrative  agency 
of  this  State  not  to  be  a  reputable  school  in  good  standing  shall,  never- 
theless, if  he  has  the  other  qualifications  required  by  law,  be  eligible 
to  take  an  examination  conducted  by  the  appropriate  administrative 
agency  of  this  State  to  determine  his  fitness  to  receive  a  license  or  a 
certificate  of  registration  under  the  laws  of  this  State  relating  to  the 


ELECTIONS. 


469 


regulation  of  the  practice  of  professions,  trades  and  occupations,  upon 
the  following  conditions : 

(a)  That  he  takes  the  examination  prior  to  the  30th  day  of 
June,  1920; 

(b)  That,  during  the  first  three  years  of  his  course  of  study  he 
attended  a  professional  school  deemed  by  the  appropriate  administrative 
agency  of  this  State  to  be  a  reputable  school  in  good  standing; 

(c)  That,  the  appropriate  administrative  agency  of  this  State, 
during  the  interval  between  the  completion  of  the  third  year  and  the 
beginning  of  the  fourth  year  of  his  course  of  study,  deemed  the  school 
from  which  he  graduated  to  be  no  longer  a  reputable  school  in  good 
standing ; 

(d)  That,  although  the  school  was  notified  of  this  action,  neither 
the  administrative  agency  nor  the  school  furnished  him  with  notice 
thereof  either  in  person  or  by  publication,  and 

(e)  That,  he  entered  in  good  faith  upon  the  fourth  year  of  his 
course  of  study  in  that  school,  without  any  actual  notice  of  the  fact 
that  the  school  was  deemed  by  the  appropriate  administrative  agency  of 
this  State  to  be  no  longer  a  reputable  school  in  good  standing. 

Any  such  person  who  has  the  other  qualifications  required  by  law 
and  who  passes  the  examination  shall  be  entitled  to  a  license  or  a  cer- 
tificate of  registration,  the  same  as  if  he  had  graduated  from  a  pro- 
fessional school  which  at  the  time  of  graduation  was  deemed  by  the 
appropriate  administrative  agency  of  this  State  to  be  a  reputable  school 
in  good  standing,  under  the  laws  of  this  State  relating  to  the  regulation 
of  the  practice  of  professions,  trades  and  occupations. 

Approved  June  23,  1919. 


ELECTIONS. 


ABSENT  VOTERS. 


§   1.     Amends  sections  1,   2.  3,  4,  5,   6,   9 
and  13,  Act  of  1917. 

§  1.  Any  qualified  elector 
duly  registered  ex- 
pecting to  be  absent 
.may    vote. 

§      2.     Application    for    ballot. 

§      3.     Form  of   application. 


§     5.     Envelope,  for   ballot. 

§  6.  Affidavits  —  marking 
and  returning  bal- 
lot. 

§  9.  Opening  envelope  and 
voting    ballot. 

§    13.     Penalties. 


§      4.     Official     to     deliver    or 
mail    ballot. 

(Senate  Bill  No.  141.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  a  method  of 
voting  at  any  special,  general  or  primary  election  by  electors  expect- 
ing in  the  course  of  their  business  or  duty  to  be  absent  from  the 
county  in  which  they  are  electors,"  approved  June  22,  1917,  in  force 
July  1,  1917,  and  by  amending  sections  1,  2,  3,  k,  5,  6,  9  and  13  of 
said  Act. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  an  Act  entitled.  "An  Act 


470  ELECTIONS. 


to  provide  a  method  of  voting  at  any  special,  general  or  primary  election 
by  electors  expecting  in  the  course  of  their  business  or  duty  to  be  absent 
from  the  county  in  which  they  are  electors/'  approved  June  22,  1917, 
in  force  July  1,  1917,  be  and  the  same  is  hereby  amended  by  amending 
sections  1,  2,  3,  4,  5,  6,  9  and  13  to  read  as  follows : 

§  1.  That  any  qualified  elector  of  the  State  of  Illinois  hav- 
ing duly  registered  where  such  registration  is  required,  who  expects 
in  the  course  of  his  business  or  duties  to  be  absent  from  the  county  in 
which  he  is  a  qualified  elector  on  the  day  of  holding  any  special,  general 
or  primary  election  at  which  any  presidential  preference  is  indicated  or 
any  candidates  are  chosen  or  elected,  for  any  congressional,  State,  dis- 
trict, county,  town,  city,  village,  precinct  or  judicial  offices,  or  at  which 
questions  of  public  policy  are  submitted,  may  vote  at  such  election  as 
hereinafter  provided. 

§  2.  Application  for  ballot.  Any  elector  as  defined  in  the 
foregoing  section  expecting  to  be  absent  from  the  county  of  his  residence 
on  the  day  of  such  election  may,  not  more  than  thirty  nor  less  than  ten 
days  prior  to  the  date  of  such  election  make  application  to  the  county 
clerk  or,  where  existing,  to  the  board  of  election  commissioners,  or 
other  officer  or  officers  charged  with  the  duty  of  furnishing  ballots  for 
such  election  in  his  voting  precinct,  for  an  official  ballot  for  said  precinct 
to  be  voted  at  such  election. 

§  3.     Poem  op  application.     Application,  for  such  ballot  shall  be 

^made  on  a  blank  to  be  furnished  by  the  county  clerk  or  the  board  of 

election  commissioners  or  other  officer  or  officers  charged  with  the  duty 

of  furnishing  ballots  as  aforesaid,   as  the  case  may  be,  and  shall   be 

substantially  in  the  following  form : 

Affidavit  and  Application  for  Ballot. 

To  be  voted  at  the election  in  the 

precinct  of  the v. ward  in  the  city  or  town  of 

county  of and  State  of  Illinois. 

State  of [  gg 

County  of \ 

I?  do  solemnly  swear  that  I  am 

a  resident  of  the precinct  of  the  town  of , 

or  of  the ward  in  the  city  of 

residing  at in  said  city  or  town  in  the  county  of 

and  State  of  Illinois;  that  I  have  lived  at  said 

address  for months  last  past ;  that  I  am  lawfully  entitled  to 

vote  in  such  precinct  at  a election  to  be  held  therein  on 

;  that  my  business  or  duties  are ,  for 

(employer)    of  street 

in  the  city  of and  State  of ,  and 

that  in  the  course  of  my  business  or  duties  I  expect  to  be  absent  from 

the  said  county  of  my  residence  at  the  city  of State 

of ,  on  the  date  of  holding  such  election,  and  that 

I  will  have  no  opportunity  to  vote  in  person  on  that  day. 


ELECTIONS.  471 


1  hereby  make  application  for  an  official  ballot  or  ballots  to  be 
voted  by  me  at  such  election  if  I  am  absent  from  the  said  county  of  my 
residence,  and  I  agree  that  I  shall  return  said  ballot  or  ballots  to  the 
official  issuing  the  same  in  sufficient  time  for  such  official  to  deliver  said 
ballot  or  ballots  to  the  proper  polling  place  prior  to  the  closing  of  the 
polls  on  the  date  of  the  election. 


Post  office  address  to  which  ballot  is  mailed 


Subscribed  and  sworn  to  by who  is 

personally  known  to  me,  before  me  this day  of 

A.  D....* 


Official  Capacity. 
(Penalty  clause  set  out  in  full) 

Provided,  that  if  application  be  made  for  a  primary  election  ballot, 
such  application  shall  designate  the  name  of  the  political  party  with 
which  the  applicant  is  affiliated. 

§  4.  Official  to  deliver  or  mail  ballot.  Immediately  upon 
the  receipt  of  such  application  either  by  mail  or  by  personal  delivery 
by  the  applicant,  not  more  than  thirty  (30)  nor  less  than  five  (5)  days 
prior  to  such  election,  at  the  office  of  such  county  clerk  or  board  of  elec- 
tion commissioners  or  the  officer  or  officers  charged  with  the  duty  of 
furnishing  ballots  as  aforesaid,  it  shall  be  the  duty  of  such  board  of 
election  commissioners,  if  any,  to  examine  the  records  to  ascertain 
whether  or  not  such  applicant  is  lawfully  entitled  to  vote  as  requested, 
and  if  found  so  to  be,  to  post  immediately  thereafter  the  name,  street 
address,  ward  and  precinct  number  by  such  applicant  given  on  a  list  to 
be  kept  by  such  officer  or  officers  for  such  purpose  in  a  conspicuous  place 
accessible  to  the  public  at  the  entrance  of  the  office  of  such  officer  or 
officers,  and  immediately  thereafter  to  mail,  postage  prepaid,  or  deliver 
in  person  an  official  ballot  or  ballots  if  more  than  one  are  to  be  voted 
at  said  election. 

§  5.  Envelope  for  ballot.  It  shall  be  the  duty  of  said  county 
clerk  or  board  of  election  commissioners  or  other  officer  or  officers  as 
aforesaid  to  fold  the  ballot  or  ballots  in  the  manner  specified  by  the  statute 
for  folding  ballots  prior  to  their  deposit  in  the  ballot  bos,  and  he  shall 
enclose  such  ballot  or  ballots  in  an  envelope  unsealed  to  be  furnished 
by  him,  which  envelope  shall  bear  upon  the  face  thereof  the  name, 
official  title  and  post  office  address  of  such  officer  or  officers,  and  upon 
the  other  side  a  printed  affidavit  in  substantially  the  following  form : 

State  of \ 

County  of ]  ss* 

I,   do  solemnly  swear  that  I 

am  a  resident  of  the precinct  of  the  town  of , 

or  of  the ward  in  the  city  of 

residing  at in  said  city  or  town  in  the  county  of 

and  State  of  Illinois,  that  I  have  lived  at  said 

address  for months  last  past;  that  I  am  lawfully  entitled 


472  ELECTIONS. 


to  vote  in  such  precinct  at  the election  to  be  held  on 

;  that  my  business  or  duties  are ; 

for    (employer)     

of street  in  the  city  of 

and  State  of ,  and  that  in  the  course  of  my  business 

or  duties  I  expect  to  be  absent  from  the  said  county  of  my  residence,  and 

at  the  city  of and  state  of ,  on  the 

date  of  said  election. 

I  further  swear  that  I  marked  the  enclosed  ballot  in  secret. 


Subscribed  and  sworn  to  before  me,  an  officer  duly  authorized  under 

the  laws  of  this  State  to  administer  oaths,  this day  of 

,  A.  D ,  and  I  hereby  certify  that  the  affiant 

exhibited  the  enclosed  ballot  to  me  unmarked,  and  that  he  then  in  my 
presence  and  in  the  presence  of  no  other  person  and  in  such  manner 
that  I  could  not  see  his  vote,  marked  such  ballot  and  enclosed  and 
sealed  the  same  in  this  envelope  without  my  seeing  or  knowing  his  vote, 
and  that  the  affiant  was  not  solicited  or  advised  by  me  to  vote  for  or 
against  any  candidate  or  proposition. 


Official  Capacity. 

Provided,  that  if  the  ballot  enclosed  is  to  be  voted  at  a  primary 
election,  the  affidavit  shall  designate  the  name  of  the  political  party  with 
which  the  voter  is  affiliated. 

In  addition  to  the  above,  the  said  officer  or  officers  shall  provide 
printed  slips  giving  full  instructions  regarding  the  manner  of  marking 
and  returning  the  ballot  in  order  that  the  same  may  be  counted,  and 
shall  furnish  one  of  said  printed  slips  to  each  of  said  applicants  at  the 
same  time  the  ballot  is  delivered  to  him. 

§  6.  Affidavits,  marking  and  returning  ballot.  Such  ab- 
sent voter  shall  make  and  subscribe  to  the  affidavits  provided  for  in  the 
application  and  on  the  return  envelope  for  said  ballot  before  an  officer 
authorized  by  law  to  administer  oaths  and  such  voter  shall  exhibit  the 
ballot  to  such  officer  unmarked,  and  shall  thereupon  in  the  presence  of 
such  officer  and  of  no  other  person  mark  such  ballot  or  ballots,  but  in 
such  manner  that  such  officer  can  not  see  or  know  how  such  ballot  is 
marked,  and  such  ballot  or  ballots  shall  then  in  the  presence  of  such 
officer  be  refolded  by  such  voter  in  the  manner  required  to  be  folded 
before  depositing  the  same  in  the  ballot  box,  and  be  in  the  presence  of 
such  officer  deposited  in  such  envelope  and  the  envelope  securely  sealed. 
Such  officer  shall  then  endorse  his  certificate  upon  the  back  of  said 
envelope  and  said  envelope  shall  be  mailed  by  such  voter,  postage  pre- 
paid, to  the  officer  issuing  the  ballot  or,  if  more  convenient,  it  may  be 
delivered  in  person,  but  in  any  event  it  must  be  returned  into  the  hands 
of  the  officer  in  sufficient  time  for  said  ballot  or  ballots  to  be  delivered 
by  such  officer  to  the  proper  polling  place  before  the  closing  of  the  polls, 
on  the  day  of  the  election. 

§  9.  Opening  envelope  and  voting  ballot.  At  the  close  of  the 
regular  balloting  and  at  the  close  of  the  polls  the  judges  of  election  of 


ELECTIONS.        *  47.'5 


each  voting  precinct  shall  proceed  to  cast  the  absent  voters'  ballots 
separately,  and  as  each  absent  voter's  ballot  is  taken  shall  open  the  outer 
or  carrier  envelope,  announce  the  absent  voter's  name,  and  compare  the 
signature  upon  the  application  with  the  signature  upon  the  affidavit  on 
the  ballot  envelope.  In  case  the  judges  find  the  affidavits  properly  exe- 
cuted, that  the  signatures  correspond,  that  the  applicant  is  a  duly 
qualified  elector  in  the  precinct,  and  the  applicant  has  not  been  present 
and  voted  within  the  county  where  he  represents  himself  to  be  a  quali- 
fied elector  on  such  election  day,  they  shall  open  the  envelope  containing 
the  absent  voter's  ballot  in  such  manner  as  not  to  deface  or  destroy  the 
affidavit  thereon,  or  mark  or  tear  the  ballots  therein,  and  take  out  the 
ballot  or  ballots  therein  contained  without  unfolding  or  permitting 
the  same  to  be  unfolded  or  examined,  and  having  endorsed  the  ballot  in 
like  manner  as  other  ballots  are  required  to  be  endorsed,  shall  deposit 
the  same  in  the  proper  ballot  box  or  boxes  and  enter  the  absent  voter's 
name  in  the  poll  book  the  same  as  if  he  had  been  present  and  voted  in 
person. 

In  case  such  affidavit  or  the  certificate  of  the  officer  before  whom 
the  same  is  taken  is  found  to  be  insufficient  or  that  the  signatures  do  not 
correspond,  or  that  the  applicant  is  not  a  duly  qualified  elector  in  such 
precinct  or  that  the  ballot  envelope  is  open  or  has  been  opened  and 
resealed,  or  that  said  voter  is  present  and  has  voted  within  the  county 
where  he  represents  himself  to  be  a  qualified  elector  on  the  day  of  such 
election  at  such  election,  such  previously  cast  vote  shall  not  be  allowed, 
but  without  opening  the  absent  voter's  envelope  the  judge  of  such  elec- 
tion shall  mark  across  the  face  thereof,  "Rejected",  giving  the  reason 
therefor. 

In  case  the  ballot  envelope  contains  more  than  one  ballot  of  any 
kind,  said  ballots  shall  not  be  counted,  but  shall  be  marked  "Rejected", 
giving  the  reason  therefor. 

The  absent  voters'  envelopes  and  affidavits  and  the  absent  voters'  en- 
velope with  its  contents  unopened,  when  such  absent  vote  is  rejected  shall 
be  retained  and  preserved  in  the  manner  as  now  provided  for  the  retention 
and  preservation  of  official  ballots  rejected  at  such  election. 

§  13.  Penalty  clause.  If  any  person  shall  wilfully  swear  falsely 
to  any  such  affidavit,  he  shall,  upon  conviction  thereof,  be  guilty  of 
perjury  and  shall  be  punished  as  in  such  case  is  by  law  provided.  If  any 
person  who,  having  procured  an  official  ballot  or  ballots  as  heretofore 
provided,  shall  wilfully  neglect  or  refuse  to  cast  or  return  same  in  the 
manner  heretofore  provided,  or  shall  wilfully  violate  any  provision  of 
this  Act,  he  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  not  less 
than  two  hundred  dollars,  nor  more  than  one  thousand  dollars  or  im- 
prisoned in  the  county  jail  not  less  than  sixty  days  nor  to  exceed  one 
year,  or  both.  If  any  county  clerk  or  member  or  clerk  of  the  board  of 
election  commissioners  or  any  other  election  officer  or  officers  shall  re- 
fuse or  neglect  to  perform  any  of  the  duties  prescribed  by  this  Act,  or 
shall  violate  any  of  the  provisions  thereof,  he  shall  upon  conviction  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  or  imprisoned  in  the  county  jail  not  to  exceed  ninety  days. 

Approved  June  28,  1919. 


474  *       ELECTIONS. 


COMPENSATION. 

§   1.     Amends  section  63,  Act  of  1872.  §   63.     Compensation    of    judges 

and  clerks. 

(House  Bill  No.   407.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  elections,  and 
to  provide  for  filling  vacancies  in  elective  offices"  approved  April  3, 
1872,  in  force  July  1,  1812,  as  amended,  by  amending  section  sixty- 
three  (63)   thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
in  regard  to  elections  and  to  provide  for  filling  vacancies  in  elective 
office/'  approved  April  3,  1872,  in  force  July  1,  1872,  as  amended,  be 
and  the  same  is  hereby  amended  by  amending  section  sixty-three  (63) 
thereof  so  as  to  read  as  follows: 

§  63.  All  judges  and  clerks  of  election  in  counties  of  the  first 
and  second  class  shall  be  allowed  the  sum  of  six  ($6.00)  dollars  per 
day  for  their  services,  including  all  cities  in  such  counties  under  the 
jurisdiction  of  a  board  of  election  commissioners,  and  for  the  day  of 
election  or  for  each  primary  judge  or  clerk  of  election  shall  only 
be  credited  with  one  day's  service  each;  and  judges  and  clerks  of  elec- 
tion in  counties  of  the  third  class,  shall  be  allowed  the  sum  of  six 
($6.00)  dollars  per  day  for  their  services,  provided,  that  all  judges  and 
clerks  of  election  in  cities  having  a  population  of  five  hundred  thousand 
inhabitants  or  over,  shall  be  allowed  the  sum  of  seven  ($7.00)  dollars 
for  their  services  for  each  regular  election  and  for  each  primary,  and 
five  ($5.00)  dollars  for  each  registration  and  revision. 
Approved  June  28,  1919. 


HOLIDAYS. 

§   1.     Amends    section    21    of   Article    II,  §    21.     Legal       holidays       de- 

Act   of    1885.  clared — exceptions. 

(Senate  Bill  No.   230.     Approved  June  28.   1919.) 

An  Act  to  amend  section  21  of  Article  II  of  an  Act  entitled,  "An  Act 

to  regulate  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  subsequently  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the   General  Assembly:     That  "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  subsequent  Acts,  be  and  the  same 

is  hereby  amended  by  amending  section   21   of  Article   II   thereof  to 

read  as  follows : 

§  21.  The  clays  upon  which  the  general  elections  for  members 
of  the  House  of  Eepresentatives  of  this  State  shall  hereafter  be  held 
in  such  city,  village  or  incorporated  town,  shall  be  holidavs,  and  shall 
for  all  purposes  whatever  as  regards  the  presenting  for  payment  or  ac- 
ceptance and  of  protesting  and  giving  notice  of  the  dishonor  of  bills 
of  exchange,  bank  checks  and  promissory  notes  and  as  regards   days 


ELECTIONS. 


475 


of  grace  upon  commercial  paper,  be  treated  and  considered  as  is  the 
first  day  of  the  week,  commonly  called  Sunday;  provided,  that  no  other 
election  day  shall  be  treated  and  considered  as  a  holiday. 
Approved  June  28,  1919. 


NOMINATION    OF    CANDIDATES 


§      1 

§      2 

§  3 
§  4 
S      5 

§  6 
§  7 
§  8 
§      9 

§  10 

§  10 

§  10b. 

§  10c. 

§  10d. 

§  10e. 

§  10f. 

§  11. 

§  12. 

§  13. 

§  14. 

§  15. 

§  16. 

§  17. 

§  18. 

§  19. 

§  20. 


BY 

21. 


Functions    of    conventions. 

State      convention      call — filing — 
form. 

Minority    representation    in    city 
council. 


Notice       of 
clerks. 


Judges   of   primary. 

Judges  hold  over. 

Primary    judges — absencies  filled. 

Selection  of  primary  clerks. 

Oath   of    judges    and    clerks — lia- 
bility. 

Administering     oath     to-     judges 
and   clerks. 

Judges     and     clerks — d  u  t  i  e  s — - 
powers,    penalties. 

Compensation      of      judges      and 
clerks. 


Elective  offices  enumerated  and 
defined. 

Political  party  defined — officers 
to    be    nominated. 

Party   vote   determined. 

Words   and   phrases   construed. 

Polling   places. 

Dates    of   primaries — hours. 

Voter's  leave  of  absence. 

Committees. 

Composition  of  committees — or- 
ganization—  powers,  duties, 
etc. 

Conventions    —    organization    — 

powers. 

Special  sessions  of  county  cen- 
tral committee. 

Congressional  convention  dates 
— time  and  place — notice — 
powers. 

State    convention    dates — powers.        §   31. 


Judicial  district  and  circuit  con- 
ventions— constituted  and.  as- 
sembled —  call  —  delegates 
chosen  by  county  committee — 
notice — powers. 


§    22. 

§    23. 

24. 
25. 
20. 
2  7. 
§    28. 

§    29. 

§   29a. 

§    30. 


33. 

34. 

35. 
36. 
37. 


POLITICAL    PARTIES. 

Challengers  —  qualifications  — 
powers. 

Booths  at  polling  places,  sup- 
plies, etc. — number  of  booths 
— electioneering    prohibited. 

Ballot    boxes. 

Furnishing     supplies. 

Payment  of   expenses. 

Poll   books. 

Tally   sheets. 

Petition  —  form  —  penalties  — 
number  of  signatures  required. 

Presidential  candidates  —  peti- 
tion— advisory    party    vote. 

National  nomination  convention 
delegates — form  of  petition — ■ 
disavowal  by  presidential  can- 
didate. 

Petitions — time  and  place  of 
filing  —  endorsement  —  with- 
drawal. 

Certification    of   candidates. 

Ballots — preparing    and    printing. 

Ballots — order  of   names  printed. 

Ballots — color,  size,  etc. — posting 
and    publishing    color. 


Ballots- 

Ballots- 

Specimen 
posting. 


-form, 
-endorsement. 

ballot  s — delivery- 


primary — duty       of        §   38. 


Ballots — number — time 
livery  to   judges. 


and     de- 


§    39. 

§  40. 

8  41. 

§  42. 

§  43. 


Ballots — how 
filed. 


put       up — receipt 


Extra   ballots. 

Polls — opening  and   closing. 

Ballot   box — care   and   custody. 

Qualifications  of  voters — sep- 
arate ballot  boxes  and  ballots 
for  women — regulations — affi- 
davit or  affirmation  for  regis- 
tration and  posting  of  same 
— r  evision  of  registration 
books — erasures  and  procedure 
— hearing  refused  applications 
— procedure — appeal  —  proce- 
dure primary  registration  de- 
fined. 


476 


ELECTIONS. 


NOMINATION   OF    CANDIDATES   BY    POLITICAL    PARTIES— Concluded. 


§   44.     Voting — procedure. 

voter — affidavits     re- 


§   45. 
§   46. 


§  48. 

§  49. 

§  50. 

§  51. 

§  52. 

§  53. 

§  54. 

§  55. 

§  56. 

§  57. 

§  58. 

§  59. 


Challenged 
quired. 

Marking  of  ballots  in  voting- 
writing  or  attaching  names  of 
candidates — voting  for  pre- 
cinct   committeemen. 

Ballot  —  folded  —  returned  —  de- 
posited in  ballot  box — record 
of  voting. 

Assistance  to  voter. 

Adjournment  or  recess. 

Canvass  of  votes  at  polling  place. 

Ballots  —  how  counted — judges 
initials — penalty  —  disposition 
of  ballots  not  counted. 

Procedure    in    canvassing    votes. 

Canvass — results  on  tally  sheets 
and  in  primary  poll  books. 

Ballots — strung,  sealed  in  en- 
velope  and   endorsed. 

Poll  books,  tally  sheets  and  bal- 
lots— enveloped,  sealed,  en- 
dorsed   and    returned    to    clerk. 

Canvass   of  returns. 

Certificates  of  nomination  and 
election — contest — procedure. 

Plurality    nominations — tie    vote. 


§   60a.   Committeeman 
filled. 


vacancies — how 


Preparing     official 
general   election. 


ballot     for 


§   59a.   Certification    of   convention   nom- 
inations. 


60.     Special    elections 
cies. 


filling    vacan- 
( Senate  Bill  No.   4  54. 


§  61. 

§  62. 

§  63. 

§  64. 

§  65. 

§  66. 

§  67. 

§  68. 

§  69. 

§  70. 

§  71. 

§  72. 

§  73. 

§  74. 

§  75. 

§  76. 

§  77. 

§  78. 

§  79. 

§  80. 


Board   of   election   commissioners 
— duties. 


of      hearing — 


Contests — places 
procedure. 


Independent   candidates. 

Sale    or    giving    away    of    liquor 
prohibited — penalty. 

False    swearing    deemed    perjury. 

Illegal      voting — bribery,       etc. — 
penalties. 

Bribery       defined — prosecution  — 
penalty. 

Disorderly    conduct — penalty. 

Wagers — penalty. 

Offenses    of    judge — penalties. 

Disclosing    how    elector    voted — 
penalties. 

Offenses   of   clerk — penalties. 

Failure  to  deliver  returns,   etc. — 
penalties. 


Clerk's 
duty- 


neglect 
-penalty. 


or     refusal     of 


Offenses  in  canvassing  returns — 
penalties. 

Stealing     or     defacing     returns — 
penalties. 

False    entries,    etc. — penalties. 

Other    violations — penalties. 

Repeal. 

Invalidity. 


Approved  June  28,   1919.) 

An  Act  in  relation  to  the  nomination  of  candidates  for  public  offices 

by  political  parties. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  nomination  of  candidates 
by  political  parties  as  defined  by  section  2  of  this  Act,  for  the  follow- 
ing elective  offices,  shall  be  made  at  a  primary  election  held  under  the 
provisions  of  this  Act,  and  not  otherwise :  All  elective  State  offices 
(except  trustees  of  the  University  of  Illinois)  ;  representatives  in  Con- 
gress from  each  congressional  district;  county  judge;  probate  judge; 
county  clerk;  probate  clerk;  clerk  of  the  Circuit  Court;  clerk  of  the 
Superior  Court  of  Cook  County ;  recorder  of  deeds ;  county  auditor ;  county 
treasurer ;  sheriff,  trustees  of  sanitary  districts ;  coroner ;  State's  attorney ; 
county  superintendent  of  schools ;  county  surveyor ;  county  commissioners 
in  counties  of  the  first  and  second  class  not  under  township  organization ; 
members  of  the  board  of  assessors ;  members  of  the  board  of  review ;  presi- 
dents of  boards  of  trustees  of  sanitary  districts ;  county  commissioners  of 


ELECTIONS.  477 


Cook  County;  president  of  the  county  board  of  Cook  County;  clerk  of  the 
Criminal  Court  of  Cook  County;  city  officers  in  cities  having  a  population 
of  five  thousand  or  more,  as  determined  by  the  then  last  preceding  Federal 
census;  township  officers  in  townships  co-extensive  with  cities  and  incor- 
porated towns  or  villages  having  a  population  of  5,000  or  more. 

The  nomination  of  all  other  candidates  for  State,  congressional, 
judicial,  county,  city  and  district  offices  by  political  parties,  as  de- 
fined in  section  2  of  this  Act,  shall  be  made  by  conventions  of  delegates 
as  provided  in  this  Act,  and  not  otherwise.  Each  political  party  as 
defined  in  section  2  shall  elect  district,  ward  or  precinct  committeemen 
in  the  manner  provided  by  this  Act.  Delegates  and  alternate  delegates 
from  Congressional  districts  to  national  nominating  convention  shall  be 
elected  by  the  voters  of  the  respective  parties  in  the  respective  Congres- 
sional districts  at  the  primary  election  to  be  held  on  the  second  Tuesday 
of  April  in  any  year  in  which  a  President  of  the  United  States  is  to  be 
elected. 

§  2.  A  political  party  which  at  the  general  election  for  State 
and  county  officers  then  next  preceding  a  primary  polled  more  than  5 
per  cent  of  the  entire  vote  cast  in  the  State,  is  hereby  declared  to  be  a 
political  party  within  the  State,  and  shall  nominate  all  candidates  pro- 
vided for  in  this  Act  under  the  provisions  hereof. 

A  political  party  which  at  the  general  election  for  State  and  county 
officers  then  next  preceding  a  primary  cast  more  than  5  per  cent  of 
the  entire  vote  cast  within  any  Congressional  district,  is  hereby  declared 
to  be  a  political  party  within  the  meaning  of  this  Act,  within  such 
Congressional  district,  and  shall  nominate  its  candidates  for  Kepre- 
sentatives  in  Congress  and  for  members  of  the  State  Board  of  Equaliza- 
tion within  said  district  under  the  provisions  hereof. 

A  political  party  which  at  the  general  election  for  State  and  county 
officers  then  next  preceding  a  primary  cast  more  than  5  per  cent  of 
the  entire  vote  cast  in  any  county,  is  hereby  declared  to  be  a  political 
party  within  the  meaning  of  this  Act  within  said  county,  and  shall 
nominate  all  county  officers  in  said  county  under  the  provisions  hereof. 

A  political  party  which  at  the  general  election  for  city  and  village 
officers  then  next  preceding  a  primary  cast  more  than  5  per  cent  of 
the  entire  vote  cast  in  any  city  or  village,  is  hereby  declared  to  be  a 
political  party  within  the  meaning  of  this  Act  within  said  city  or  vil- 
lage, and  shall  nominate  all  city  or  village  officers  in  said  city  or  vil- 
lage provided  for  in  this  Act  under  the  provisions  hereof. 

A  political  party  which  at  the  general  election  for  town  officers 
then  next  preceding  a  primary  cast  more  than  5  per  cent  of  the  entire 
vote  cast  in  said  town,  is  hereby  declared  to  be  a  political  party  within 
the  meaning  of  this  Act  within  said  town,  and  shall  nominate  all  town 
officers  in  said  town  provided  for  in  this  Act  under  the  provisions  hereof. 

A  political  party  which  at  the  general  election  in  any  other  munici- 
pality or  political  subdivision,  except  townships  and  school  districts. 
for  municipal  or  other  officers  therein,  then  next  preceding  a  primary, 
cast  more  than  5  per  cent  of  the  entire  vote  cast  in  such  municipality 
or  political  subdivision,  is  hereby  declared  to  be  a  political  party  within 
the  meaning  of  this  Act  within  said  municipality  or  political  subdivi- 


478  ELECTIONS. 


sion,  and  shall  nominate  all  municipal  or  other  officers  therein  under 
the  provisions  hereof,  except  candidates  for  the  offices  of  members  of 
the  General  Assembly. 

§  3.  In  determining  the  total  vote  of  a  political  party,  whenever 
required  by  this  Act,  the  test  shall  be  the  total  vote  cast  by  such  political 
party  for  its  candidate  who  received  the  greatest  number  of  votes. 

§  4.  The  following  words  and  phrases  in  this  Act  shall,  unless 
the  same  be  inconsistent  Avith  the  context,  be  construed  as  follows : 

(1)  The  word  "primary,"  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  here- 
after established  by  law  within  which  all  qualified  electors  vote  at  one 
polling  place; 

(4)  The  words  "State  office,"  or  "State  officer,"  an  office  to  be 
filled,  or  an  officer  to  be  voted  for,  by  qualified  electors  of  the  entire 
State,  including  United  State  Senator  and  Congressman  at  large ; 

(5)  The  words  "Congressional  office,"  or  "Congressional  officer," 
one  elector  of  President  and  Vice-President  of  the  United  States,  Kep- 
resentatives  in  Congress ; 

(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  commis- 
sioners of  Cook  County; 

(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,  including  aldermen; 

(9)  The  word  "ward,"  a  division  for  which  aldermen  are  elected. 
§  5.     The  primary  herein  provided  for  shall  be  held  at  the  regular 

polling  places  now  established,  or  which  may  hereafter  be  established, 
for  the  purposes  of  a  general  election. 

§  6.     Primary  elections  shall  be  held  as  follows: 

(1)  On  the  first  Wednesday  after  the  second  Tuesday  in  Sep- 
tember, A.  D.  1920,  and  every  two  years  thereafter  for  the  nomination  of 
candidates  as  provided  for  in  this  Act  to  be  voted  for  at  the  November 
election  next  ensuing,  which  shall  be  known  as  the  September  primary; 

(2)  On  the  last  Tuesday  of  February,  A.  D.  1921,  and  every 
two  years  thereafter,  for  the  nomination  of  candidates  to  be  voted  for 
at  the  city  election  then  next  ensuing  in  cities  having  a  population  of 
5,000  or  more ; 

(3)  On  the  second  Tuesday  in  April  in  any  year  in  which  a  President 
of  the  United  States  to  be  elected,  for  the  purpose  of  electing  ward  or 
precinct  committeemen  and  delegates  and  alternate  delegates  «from 
Congressional  districts  to  national  nominating  conventions  and  for  the 
purpose  of  securing  an   expression   of  the   sentiment   and   will   of  the 


ELECTIONS.  479 


party  voters  with  respect  to  candidates  for  nomination   for   the  office 

of  President  of  the  United  States. 

.  The  polls  shall  be  open  from  G  o'clock  a.  m.  to  5  o'clock  p.  m. 

§  7.  Any  person  entitled  to  vote  at  such  primary  shall  on  the 
day  of  such  primary  be  entitled  to  absent  himself  from  any  service  or 
employment  in  which  he  is  then  engaged  or  employed  for  a  period  of 
two  hours  between  the  time  of  opening  and  closing  the  polls,  and  such 
primary  elector  shall  not,  because  of  so  absenting  himself,  be  liable  to 
any  penalty  nor  shall  any  deduction  be  made  on  account  of  such  ab- 
sence from  his  usual  salary  or  wages:  Provided,  however,  that  applica- 
tions for  such  leave  of  absence  shall  be  made  prior  to  the  day  of 
primary.  The  employer  may  specify  the  hours  during  which  said 
employee  may  absent  himself. 

§  8.  The  following  committees,  to  be  selected  and  chosen  as  here- 
inafter provided,  shall  constitute  the  central  or  managing  committee 
of  each  political  party :  a  State  central  committee,  a  Congressional  com- 
mittee for  each  Congressional  district,  a  judicial  district  committee  for 
each  Supreme  Court  judicial  district,  a  judicial  circuit  committee  for 
each  judicial  circuit,  a  county  central  committee  for  each  county,  and 
a  city  central  committee  for  each  city  whose  city  officers  are  required 
to  be  nominated  under  the  provisions  of  this  Act :  Provided,  however, 
that  nothing  contained  herein  shall  prevent  a  political  party  from  elect- 
ing or  appointing  in  accordance  with  its  practice,  other  committees. 

§  9.  Clause  1.  The  State  central  committee  of  each  political  party 
shall  be  composed  of  one  member  from  each  Congressional  district 
in  the  State,  who  shall  be  chosen  in  the  year  1920  and  every  four 
years  thereafter  by  the  Congressional  convention  of  the  party  and  dis- 
trict in  which  he  resides.  The  members  of  the  State  central  committee 
shall,  within  thirty  days  after  they  are  chosen,  meet  in  the  city  of 
Springfield  and  organize  by  electing  from  their  own  number,  or  other- 
wise, a  chairman,  and  may  at  such  time  elect  such  officers  from  their 
own  number,  or  otherwise,  as  they  may  deem  necessary  or  expedient. 
The  outgoing  chairman  of  the  State  central  committee  of  each  party 
shall,  ten  days  before  the  meeting,  notify  each  member  of  the  State 
central  committee  so  chosen  of  the  time  and  place  of  such  meeting. 

Clause  2.  At  the  presidential  primary  held  in  April  1920,  and  at 
such  primary  held  every  four  years  thereafter,  there  shall  be  elected 
by  the  qualified  primary  electors  of  each  political  party,  respectively, 
in  each  election  precinct  outside  of  incorporated  cities  and  villages 
having  500,000  or  more  inhabitants,  a  precinct  committeeman,  who 
shall  be  a  qualified  elector  of  such  party  and  such  precinct.  At  such 
presidential  primary  held  in  1920,  and  at  such  primary  held  every 
four  years  thereafter,  there  shall  be  elected  by  the  qualified  electors  of 
each  political  party,  respectively,  in  each  ward  of  incorporated  cities 
and  villages  having  500,000  or  more  inhabitants,  a  ward  committeeman 
for  each  political  party,  who  shall  be  a  qualified  elector  of  the  ward 
and  party  he  is  chosen  to  represent:  Provided,  that  in  counties  hav- 
ing within  their  limits  an  incorporated  city  or  village  having  500,000 
or  more  inhabitants  the  county  central  committee  of  each  political  party 
of  such  county  at  its  regular  meeting  in  the  month  of  December,  or 


480  ELECTIONS. 


at  an  adjourned  meeting,  in  the  year  1919,  and  at  such  regular  meeting 
every  four  years  thereafter,  shall  divide  the  territory  in  such  count; 
lying  outside  of  such  city  or  cities  into  not  less  than  'six  and  not  mor> 
than  nine  districts  of  contiguous  territory,  to  be  known  as  count; 
committeeman's  districts  and  designated  as  such  by  number.  The  pre 
cinct  committeemen  of  each  political  party  residing  within  such  dis 
trict  shall  meet  separately  in  their  respective  districts  at  ten  o'clocl 
on  the  morning  of  the  first  Monday  after  the  primary  at  which  the; 
are  elected  and  choose,  from  their  own  number  or  otherwise,  a  dis 
trict  committeeman  for  their  respective  political  parties  and  thd| 
respective  districts.  The  place  of  such  political  meeting  for  eacl 
district  for  each  political  party  shall  be  determined  by  tht 
district  committeeman  thereof,  or  if  there  is  no  such  com 
mitteeman,  by  the  chairman  of  the  county  committee  of  th< 
respective  political  parties.  Due  notice  of  such  meeting  shal 
be  mailed  to  the  precinct  committeemen  residing  in  such  district 
at  their  last  known  places  of  residence,  by  the  person  whose  duty  i 
is  to  determine  the  place  of  such  meeting.  A  majority  of  the  precinc 
committeemen  of  the  respective  parties  residing  in  such  district  shal: 
be  necessary  to  the  election  of  such  district  committeeman.  The  name; 
of  all  candidates  for  precinct  committeemen  and  for  ward  committee- 
men shall  be  printed  upon  primary  ballot,  but  the  name  of  no  candi- 
date for  precinct  committeeman  or  ward  committeeman  shall  be  printec 
upon  such  ballot  unless  a  petition  for  nomination  shall  have  been  filec 
in  his  behalf  with  the  county  clerk  of  the  county  wherein  such  can 
didate  resides.  Such  petition  shall  be  signed  by  not  less  than  10  anc 
not  more  than  25  primary  electors  of  the  party  residing  in  the  pre- 
cinct or  ward  for  which  the  election  is  sought  and  shall  be  in  the  forn 
hereinafter  provided. 

Clause  3.  The  county  central  committee  of  each  political  part] 
shall  consist  of  the  various  precinct  committeemen  and  ward  or  dis- 
trict committeemen,  if  any,  of  such  party  in  the  county.  In  the  organ- 
ization and  proceedings  of  the  county  central  committee  each  precinci 
committeeman  shall  have  one  vote  and  one  additional  vote  for  eacl 
fifty  votes  or  major  fraction  thereof  of  his  party  cast  in  his  precinci 
for  Governor  at  the  last  general  election;  and  each  ward  or  distrid 
committeeman  shall  have  one  vote  for  each  precinct  in  his  ward  oi 
district  and  one  additional  vote  for  each  fifty  votes  or  major  fractior 
thereof  of  his  party  cast  in  each  precinct  of  his  ward  or  district  foi 
Governor  at  the  last  general  election:  Provided,  that  in  counties  con- 
taining one  or  more  cities  or  villages  having  five  hundred  thousand  oi 
more  inhabitants  the  precinct  committeemen  of  the  precincts  withir 
such  city,  village  or  county  shall  not  be  members  of  the  county  centra', 
committee. 

Clause  4.  The  Congressional  committee  of  each  political  part}: 
shall  be  composed  of  the  chairman  and  secretary  of  the  county  centra' 
committees  of  the  counties  composing  the  Congressional  district,  ex- 
cepting that  in  Congressional  districts  wholly  within  the  territorial 
limits  of  one  countv.  or  wholly  within  the  territorial  limits  of  one 
county  and  party  within  the  territorial  limits  of  another  county,  ther 


ELECTIONS.  481 


the  precinct  committeemen  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  viliage  having  a  population 
of  five  hundred  thousand  or  more  inhabitants,  or  partly  with  the  limits 
of  such  city  and  village  and  party  within  the  limits  of  such  city  or 
village,  then  the  ward  committeeman  of  the  party  in  the  wards  within 
such  city  or  village  and  such  Congressional  district  and  the  district 
committeemen  of  the  districts  outside  of  such  city  or  village  and  within 
such  Congressional  district  shall  compose  the  Congressional  committee. 

In  the  organization  and  proceedings  of  Congressional  committees 
composed  in  whole  or  in  part  of  precinct  committeemen,  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  in  the  organization  and 
proceedings  of  Congressional  committees,  composed  in  whole  or  in 
part  of  ward  or  district  committeemen,  each  ward  or  district  commit- 
teeman shall  have  one  vote  for  each  precinct  in  his  ward  and  one  ad- 
ditional vote  for  each  fifty  votes  or  major  fraction  thereof  of  his  party 
cast  in  each  precinct  of  his  ward  located  in  the  Congressional  district 
for  Governor  at  the  last  general  election. 

Clause  5.  The  city  central  committee  of  each  political  party  shall 
be  composed  of  the  precinct  committeemen  of  such  party  residing  in 
such  city,  except  that  in  incorporated  cities  or  villages  having  a  popula- 
tion of  five  hundred  thousand  or  more,  then  the  city  central  commit- 
tee shall  be  composed  of  the  ward  committeemen  residing  within  the 
territorial  limits  of  such  city  or  village. 

Clause  6.  Each  committee  and  its  officers  shall  have  the  powers 
usually  exercised  by  such  committees  and  by  the  officers  thereof,  not 
inconsistent  with  the  provisions  of  this  Act.  The  several  committees 
herein  provided  for  shall  not  have  power  to  delegate  any  of  their  func- 
tions or  powers  to  any  other  person,  officer  or  committee,  but  this  shall 
not  be  construed  to  prevent  the  committee  from  appointing  from  its 
own  membership  proper  and  necessary  sub-committees  and  particularly 
defining  by  resolution,  the  duties  of  such  subcommittees. 

Clause  7.  The  chairman  and  secretary  of  the  county  central 
committee  of  each  political  party,  respectively,  of  the  counties  com- 
posing a  Supreme  Court  judicial  district  shall  be  ex  officio  the  Supreme 
Court  judicial  committee  of  such  political  party. 

Clause  8.  In  case  a  judicial  circuit  is  composed  of  more  than 
one  county,  then  the  chairman  and  secretary  of  the  county  central  com- 
mittee of  each  political  party,  respectively,  of  the  counties  composing 
the  judicial  circuit,  shall  be  ex  officio  the  judicial  county  committee. 

Clause  9.  The  various  political  party  committees  now  in  existence 
are  hereby  recognized  and  shall  exercise  the  powers  and  perform  the 
dirties  herein  prescribed  until  committeemen  are  chosen  in  accordance 
with  the  provisions  of  this  Act. 

§  10.  On  the  second  Monday  next  succeeding  the  presidential 
primary  the  county  central  committee  of  each  political  party  shall  meet 

—31  L, 


482  ELECTIONS. 


at  the  county  seat  of  the  proper  county  and  proceed  to  organize  by 
electing  from  its  own  members  or  otherwise  a  chairman  and  such  other 
officers  as  such  committee  may  deem  necessary  or  expedient.  Such 
meeting  of  the  county  central  committee  shall  be  known  as  the  county 
convention.  In  the  organization  and  proceedings  of  the  county  con- 
vention, each  precinct  committeeman  shall  have  one  vote  and  one  ad- 
ditional vote  for  each  fifty  votes  or  major  fraction  thereof  of  his  party 
cast  in  the  precinct  for  Governor  at  the  general  election  then  next  pre- 
ceding, and  each  ward  or  district  committeeman  shall  have  one  vote 
for  each  precinct  in  his  ward  or  district  and  one  additional  vote  for 
each  fifty  votes  or  major  fraction  thereof  of  his  party  cast  in  the 
county  for  Governor  at  the  general  election  then  next  preceding. 
Such  convention  of  each  political  party  shall  have  power : 

(1)  To  select  delegates  and  alternate  delegates  to  the  State, 
judicial  and  other  district  conventions  then  next  ensuing.  Such  dele- 
gates and  alternate  delegates  to  the  State  convention  shall  be  ex  officio 
the  delegates  and  alternate  delegates  to  the  Congressional  convention 
of  the  respective  parties  of  the  Congressional  district  in  which  such 
delegates  and  alternate  delegates  reside; 

(2)  To  adopt  a  party  platform; 

(3)  To  nominate  candidates  for  judges  of  the  Circuit  Court 
where  any  county  constitutes  a  judicial  circuit  and  candidates  for 
judges  of  the  Superior  Court  of  Cook  County. 

(4)  To  nominate  candidates  for  county  officers,  except  where 
such  candidates  are  nominated  at  a  primary  election  held  as  herein 
provided ; 

(5)  To  direct  the  manner  in  which  any  vacancy  on  the  county 
ticket  shall  be  filled; 

(6)  To  transact  such  other  business  as  may  lawfully  come  be- 
fore it; 

If,  in  its  official  call  for  the  State  convention,  the  State  central 
committee  of  such  political  party  shall  prescribe  that  delegates  from 
any  county  shall  be  selected  from  wards,  precincts  or  commissioner's 
districts,  or  combinations  of  wards,  precincts  or  commissioner's  dis- 
tricts, then  only  delegates  to  the  county  convention  from  such  wards, 
precincts,  commissioner's  districts  or  combinations  of  wards,  precincts 
or  commissioner's  districts  shall  participate  in  the  selection  of  delegates 
and  alternate  delegates  therefrom  to  the  State  convention.  In  case  a 
county  has  within  its  limits  a  Congressional  or  Senatorial  district  then 
only  delegates  to  the  county  convention  from  such  Congressional  or 
Senatorial  districts  shall  participate  in  the  selection  of  delegates  and 
alternate  delegates  therefrom  to  such  Congressional  and  Senatorial  con- 
ventions. 

§  10a.  The  county  central  committee  may  be  convened  in-  special 
session  upon  giving'  each  member  thereof  ten  days'  written  notice  of 
the  time  and  place  of  holding  such  special  session,  which  notice  shall 
be  signed  by  the  chairman  and  attested  by  the  secretary. 

§  10b.  All  Congressional  conventions  occurring  in  any  year  where- 
in a  President  of  the  United  States  is  to  be  elected  shall  be  held  on 
the  first  Wednesdav  in  May  of  snch  year.     All   Congressional  conven- 


ELECTIONS.  483 


tions  occurring  in  any  other  year  shall  be  held  on  the  first  Wednesday 
after  the  first  Monday  next  succeeding  the  September  primary  of  such 
other  year.  All  Congressional  conventions  shall  be  held  in  the  Con- 
gressional district  wherein  the  delegates  thereto  reside,  at  a  place  and 
nour  to  be  designated  by  the  Congressional  committees  of  the  respective 
parties  of  such  district.  A  written  or  printed  notice  of  such  place 
and  hour  shall  be  mailed  to  each  delegate  and  alternate  to  such  con- 
vention at  least  five  (5)  days  prior  to  the  date  fixed  for  the  convening 
thereof,  by  the  secretary  of  such  committee. 

The  Congressional  convention  of  each  political  party  shall  have 
power : 

(1)  To  nominate  candidates  for  State  Board  of  Equalization  and 
to  fill  vacancies; 

(2)  To  direct  the  manner  in  which  any  vacancy  on  the  ticket 
shall  be  filled;     . 

(3)  To  recommend  to  the  State  convention  of  its  party  the 
nomination  of  candidate  or  candidates  for  elector  or  electors  of  Presi- 
dent and  Vice  President  of  the  United  States; 

(4)  To  adopt  resolutions; 

(5)  To  select  a  State  central  committeeman. 

§  10c.  All  State  conventions  shall  be  held  on  the  first  Friday 
after  the  first  Monday  next  succeeding  the  September  primary :  Pro- 
vided, that  in  any  year  in  which  a  President  of  the  United  States  is 
to  be  elected  all  State  conventions  shall  be  held  on  the  second  Monday 
of  May  of  such  year. 

The  State  convention  of  each  political  party  shall  have  power : 

(1)  To  nominate  candidates  for  all  State  offices,  except  where 
the  nomination  of  such  office  is  made  at  a  primary  election  held  pur- 
suant to  the  provisions  of  this  Act; 

(2)  To  nominate  candidates  for  electors  of  President  and  Vice 
President  of  the  United  States; 

(3)  To  nominate  candidates  for  the  offices  of  clerks  of  Appellate 
Courts :  Provided,  that  no  delegate  shall  be  permitted  to  vote  on  the 
nomination  for  the  office  of  clerk  of  the  Appellate  Court  of  any  district 
other  than  that  in  which  such  delegate  resides:  And,  provided,  further, 
that  in  any  Appellate  Court  district  comprising  only  one  county,  nom- 
inations for  such  office  shall  be  made  by  the  county  convention  of  the 
respective  parties  of  such  county; 

(3a)  To  select  delegates  and  alternate  delegates  at  large  to  na- 
tional nominating  conventions; 

(4)  To  direct  the  manner  in  which  any  vacancy  on  the  ticket 
shall  be  filled. 

(5)  To  adopt  a  party  platform; 

(6)  To  transact  such  other  business  as  mav  lawfully  come  before 
it. 

§  lOd.  The  judicial  district  convention  and  the  judicial  circuit 
convention  of  each  political  party  shall  be  constituted  and  assembled 
as  follows: 

At  least  seventy-five  days  before  a  judicinl  officer  is  to  bo  elected 
in  any  district,  except  in  districts  provided  for  in  section  10,  the  chair- 


484  ELECTIONS. 


man  of  the  judicial  district  of  each  political  party  in  such  district  shall 
file  in  the  office  of  the  Secretary  of  State  a  call  for  the  conventions  of 
their  respective  parties  to  make  such  nominations.  No  more  than  five 
days  thereafter  such  calls  shall  be  certified  by  the  Secretary  of  State 
to  the  chairman  of  the  county  committees  of  the  respective  political 
parties  composing  the  district  in  which  such  judicial  officer  is  to  be 
elected.  The  call  shall  specify  the  number  of  delegate?  comprising 
such  convention  and  the  number  of  delegates  and  alternate  delegates 
to  which  each  county  shall  be  entitled  in  such  convention,  which  num- 
ber shall  not  be  less  than  five  for  each  county.  In  determining  such 
number  of  delegates  for  each  county,  the  ratio  of  representation  through- 
out the  district  shall  be  uniform  and  shall  be  based  upon  the  votes  of 
each  of  the  parties  respectively  cast  in  such  district  for  Governor  at 
the  last  general  election.  Said  call  shall  also  state  the  time  and  place, 
designating  the  building  or  hall  for  holding  such  convention;  the  time 
designated  for  holding  much  convention  shall  be  not  more  than  forty 
nor  less  than  thirty  days  before  such  judicial  election.  The  county 
committee  of  each  party  of  each  county  in  such  district  shall  meet  for 
the  purpose  of  chosing  delegates  to  the  judicial  convention  on  the  first 
Tuesday  next  after  the  fiftieth  day  before  the  day  of  such  judicial 
election.  The  chairman  of  the  county  committee  of  each  political  party 
of  each  county  shall  mail  to  each  member  of  such  county  convention, 
not  less  than  ten  days  before  such  meeting,  a  written  or  printed  notice 
of  the  time  and  place,  designating  the  hall  or  building  of  the  meeting 
of  such  county  convention. 

Each  judicial  district,  or  judicial  circuit,  convention  of  each  party 
shall  have  power: 

(1)  To  nominate  candidates  for  judges  of  the  Supreme  or  Cir- 
cuit Courts,  as  the  case  may  be; 

(2)  To  direct  the  manner  in  which  any  vacancy  on  the  ticket 
shall  be  filled; 

(3)  To  adopt  resolutions. 

(4)  To  transact  such  other  business  as  may  lawfully  come  be- 
fore it. 

§  lOe.  Each  convention  may  perform  all  other  functions  inherent 
in  such  political  organization  and  not  inconsistent  with  this  Act. 

§  lOf.  At  least  thirty-three  days  before  the  September  primary 
the  State  committee  of  each  political  party  shall  file  in  the  office  of 
the  county  clerk  in  each  county  of  the  State  a  call  for  the  State  con- 
vention. Such  call  shall  state,  among  other  things,  the  time  and  place 
(designating  the  building  or  hall)  for  holding  the  State  convention, 
the  total  number  of  delegates  which  shall  compose  such  convention,  and 
the  call  for  the  State  convention  shall  state,  among  other  things,  the 
number  of  delegates  to  which  each  county  is  entitled  in  the  State  con- 
vention. Such  call  shall  be  signed  by  the  chairman  and  attested  by 
the  secretary  of  the  committee. 

§  11.  In  cities  which  have  adopted  minority  representation  in 
the  city  council,  the  city  central  committee  shall,  at  least  thirty  days 
prior  to  the  date  of  the  primary,  by  resolution,  fix  and  determine  the 
number  of  candidates  for  aldermen' in  each  of  the  wards  of  their  city 


ELECTIONS.  485 


to  be  nominated  by  their  party  at  the  primary  for  the  nomination  of 
candidates  for  city  offices. 

A  copy  of  said  resolutions,  duly  certified  by  the  chairman  and  at- 
tested by  the  secretary,  shall,  within  two  days  thereafter  be  filed  in 
the  office  of  the  city  clerk. 

In  all  primaries  for  the  nomination  of  candidates  for  alderman 
under  minority  representation,  each  qualified  (minority)  elector  may 
cast  as  many  votes  for  one  candidate  as  there  are  candidates  to  be 
nominated,  or  may  distribute  the  same,  or  equal  parts  thereof,  among 
the  candidates  for  nomination  as  he  shall  see  fit,  and  the  candidate 
for  nomination  highest  in  votes  shall  be  declared  nominated. 

§  12.  At  least  twenty  days  before  each  primary  the  county  clerk 
of  each  county,  or  the  city,  village  or  town  or  other  clerk,  whose  duty 
it  is  to  give  notice  of  general  elections  under  the  general  election  laws 
of  this  State,  for  the  election  of  officers  whose  nomination  is  required 
to  be  made  by  primary  election  under  the  provisions  of  this  Act,  shall 
prepare  in  the  manner  provided  in  the  general  election  laws  of  this 
State,  a  notice  of  such  primary,  which  notice  shall  state  the  time  and 
place  of  holding  the  primary,  the  hours  during  which  the  polls  will 
be  open,  the  offices  for  which  candidates  will  be  nominated  at  such 
primary  and  the  political  parties  entitled  to  participate  therein.  Such 
notices  shall  be  posted  at  least  fifteen  days  prior  to  the  primary  by 
the  same  authorities  and  in  the  same  manner  as  notices  of  election 
under  the  general  election  laws  are  required  to  be  posted. 

§  13.  The  judges  of  general  elections  for  State  and  county  of- 
ficers, for  city  and  village  officers  and  for  town  and  other  municipal 
officers,  are  hereby  constituted,  respectively,  the  judges  of  primary  elec- 
tions in  their  respective  precincts,  under  the  provisions  of  this  Act. 

§  14.  It  is  hereby  made  the  duty  of  the  respective  judges  of 
general  elections  to  act  as  judges  of  primary  elections  in  their  respec- 
tive precincts  until  their  successors,  as  judges  of  general  elections,  are 
duly  appointed  and  qualified. 

§  15.  If,-  at  the  time  for  opening  of  a  primary,  one  of  the 
primary  judges  be  absent,  or  refuse  to  act,  the  judges  present  shall  appoint 
some  qualified  primary  elector  of  the  precinct  to  act  in  his  place.  If 
two  of  the  primary  judges  be  absent  or  refuse  to  act,  the  judges  present 
shall  fill  the  vacancies  in  the  same  manner  as  above  provided.  If  all 
three  of  the  primary  judges  be  absent,  or  refuse  to  act,  the  primary 
electors  present,  who  reside  in  the  precinct,  shall  select  three  of  their 
number  to  act  as  primary  judges.  The  judges  so  selected  and  appointed 
shall  take  the  same  oath,  have  the  same  powers,  and  perform  the  same 
duties  and  be  subject  to  the  same  penalties  as  regularly  constituted 
election  judges. 

§  16.  The  primary  judges  in  each  precinct,  except  in  cities  hav- 
ing a  board  of  election  commissioners,  shall  select  three  qualified  pri- 
mary electors  of  said  precinct  to  act  as  primary  clerks,  who  shall  con- 
tinue to  serve  during  the  pleasure  of  said  primary  judges ;  but  no  more 
than  two  persons  of  the  same  political  party  shall  be  chosen  primarv 
clerks  in  the  same  precinct. 


48G  ELECTIONS. 


In  cities  having  a  board  of  election  commissioners '  the  regularly 
appointed  clerks  of  election  shall  act  as  clerks  of  the  primary  in  their 
respective  precincts. 

§  17.  Previous  to  any  vote  being  taken,  the  primary  judges  and 
clerks  shall  severally  subscribe  and  take  an  oath  or  affirmation  in  the 
following  form,  to-wit: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitution  of 
the  State  of  Illinois,  and  will  faithfully  and  honestly  discharge  the 
duties  of  primary  judge  (or  clerk,  as  the  case  may  be),  according  to 
the  best  of  my  ability,  and  that  I  have  resided  in  this  State  for  one 
year,  in  this  county  for  ninety  days,  and  in  this  precinct  thirty  days 
next  preceding  this  primary,  and  am  entitled  to  vote  at  this  primary." 

All  persons  subscribing  the  oath  as  aforesaid,  and  all  persons 
actually  serving  as  primary  judges  and  clerks,  whether  sworn  or  not, 
shall  be  deemed  to  be  and  are  hereby  declared  to  be>  officers  of  the 
County  Court  of  their  respective  counties;  and  such  persons  shall  be 
liable  to  punishment  by  such  court  in  proceeding  for  contempt  for  any 
misbehavior  as  such  primary  judges  or  clerks,  to  be  tried  in  open 
court,  on  oral  testimony,  in  a  summarv  manner,  without  written  plead- 
ings, but  such  trial,  or  punishment  for  contempt  of  court,  shall  not 
be  any  bar  to  any  criminal  proceedings  against  such  primary  judges 
or  clerks  for  any  violation  of  this  Act. 

§  18.  In  case  there  shall  be  no  justice  of  the  peace  or  notary 
public  present  at  the  opening  of  a  primary,  or  in  case  such  justice  of 
the  peace  or  notary  public  shall  be  appointed  one  of  the  primary  judges 
or  clerks,  it  shall  be  lawful  for  the  primary  judges  to  administer  the 
oath  or  affirmation  to  each  other,  and  to  the  primary  clerks. 

§  19.  The  primary  judges  and  clerks,  except  as  otherwise  pro- 
vided in  this  Act,  shall  perform  the  same  duties,  have  the  same  powers, 
and  be  subject  to  the  same  penalties  as  judges  and  clerks  of  general 
elections,  under  the  election  laws  of  this  State. 

§  20.  Primary  judges  and  clerks  shall  receive  the  same  pay,  and 
shall  be  paid  by  the  same  authorities  and  in  the  same  manner  as 
judges  and  clerks  under  the  election  laws  of  this  State. 

§  21.  The  candidate  or  candidates  of  each  party  may  appoint, 
in  writing  over  his  or  their  signature,  two  party  agents  or  representa- 
tives who  shall  act  as  challengers  or  watchers  for  such  respective  candi- 
date or  candidates  in  each  precinct.  Such  challengers  or  watchers  shall 
be  protected  in  the  discharge  of  their  duties  by  the  primary  judges  and 
peace  officers  and  shall  be  permitted  to  remain  within  the  polling  place 
in  such  position  as  will  enable  them  to,  see  each  person  as  he  offers 
his  vote,  and  said  challengers  or  watchers  may  remain  within  the 
polling  place  throughout  the  canvass  of  the  vote  in  such  position  as 
will  enable  them  to  see  the  said  canvass  and  until  the  returns  are 
signed.  All  challengers  or  watchers  shall  be  qualified  primary  electors 
residing  within  their  respective  wards,  senatorial  or  congressional  dis- 
tricts, and  shall  have  the  same  power  as  challengers  at  general  elections. 

§  22.  All  officers  upon  whom  is  imposed  by  law  the  duty  of 
designating   and    providing   polling    places   for   general    elections    shall 


ELECTIONS.  487 


provide  in  each  such  polling  place  so  designated  and  provided,  a  suf- 
ficient number  of  booths  for  such  primary  election.,  which  booths  shall 
be  provided  with  shelves,  such  supplies  and  pencils  as  will  enable  the 
voter  to  prepare  his  ballot  for  voting  and  in  which  voters  may  prepare 
their  ballots  screened  from  all  observation  as  to  the  manner  in  which 
they  do  so;  and  the  guard  rail  shall  be  so  constructed  and  placed  that 
only  such  persons  as  are  inside  said  rail  can  approach  within  six  feet 
of  the  ballot  box  and  of  such  voting  booths.  The  arrangement  shall 
be  such  that  the  voting  booths  can  only  be  reached  by  passing  within 
said  rail.  Such  booths  shall  be  within  plain  view  of  the  election  officers 
and  both  they  and.  the  ballot  boxes  shall  be  within  plain  view  of  those 
outside  the  guard  rail.  No  person  other  than  the  election  officers  and 
challengers  allowed  by  law  and  those  admitted  for  the  purpose  of 
voting,  as  hereinafter  provided,  shall  be  permitted  within  the  guard 
rail,  except  by  authority  of  the  primary  officers  to  keep  order  and  en- 
force the  law. 

The  number  of  such  voting  booths  shall  not  be  less  than  one  to 
every  seventy-five  voters  or  fraction  thereof,  who  voted  at  the  last  pre- 
ceding election  in  the  precinct  or  election  district. 

No  person  whatever  shall  do  any  electioneering  or  .  soliciting  of 
votes  on  primary  day  within  any  polling  place  or  within  one  hundred 
feet  of  any  polling  place. 

§  23.  Primary  ballot  boxes  shall  be  furnished  by  the  same  author- 
ities and  in  the  same  manner  and  shall  be  of  the  same  style  and  de- 
scription as  ballot  boxes  furnished  for  the  purpose  of  general  elections, 
under  the  general  election  laws  of  this  State. 

§  24.  All  necessary  primary  poll  books,  tally  sheets,  return  blanks, 
stationery  and  other  necessary  primary  supplies  shall  be  furnished  by 
the  same  authorities  upon  whom  is  imposed  by  law  the  duty  of  furnish- 
ing such  supplies  at  general  elections. 

§  25.  The  expense  of  conducting  such  primary,  including  the  per 
diem  of  judges  and  clerks,  furnishing,  warming,  lighting  and  maintain- 
ing the.  polling  place,  and  all  other  expenses  necessarily  incurred  in  the 
preparation  for  or  conducting  such  primarv  shall  be  paid  in  the  same 
manner,  and  by  the  same  authorities  or  officers  respectively  as  in  the 
case  of  elections. 

_  §  26.     The  primary  poll   books   shall   be  substantially-   in   the  fol- 
lowing1 form : 


ELECTIONS. 


Peimary  Poll  Books. 

Of  the  primary  held  in  the precinct  of  the  county  of 

on  the day  of A.  D 


Residence, 
Street 
and 
Number. 

Party  Affiliation. 

Name  of  Voter. 

Ph 
CD 

Ph 

O 
O 

a 

CD 

Prohibitionist 

co 

•i-H 

o 
o 
m 

1     John  Jones 

X 

2     Richard  Smith.  . 

X 

3     John  Doe 

X 

X 

4     Richard  Doe.  .  .  . 

5     Charles  Lee 

X 

This  is  to  certify  that  the  above  and  foregoing  is  a  correct  list 

of  primary  voters  at  a  primary  held  on  the day  of , 

A.  D ,  in  the ,  precinct,  in county,  and  State 

of  Illinois.  That  at  said  primary  the  undersigned  judges  and  clerks 
served  as  required  by  law  and  are  entitled  to  pay  therefor. 

Dated ,19 


Clerks  of  Primary.  Judges  of  Primary. 

Said  primary  poll  books  shall  otherwise  be  in  force  and  shall  con- 
tain the  same  certificates  as  nearly  as  may  be  as  the  poll  books  used 
in  the  regular  election  and  shall  be  signed  and  attested  in  the  same 
manner,  as  nearly  as  may  be,  as  the  poll  books  used  for  the  purpose  of 
regular  elections. 

§  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  precinct  or  ward 
committeeman,  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. 

§  28.  The  name  of  no  candidate  for  nomination,  or  for  delegate 
or  alternate  delegate  from  a  Congressional  district  to  a  national  nom- 
ination convention,  or  for  ward  or  precinct  committeeman,  shall  be 
printed  upon  the  primary  ballot  unless  a  petition  for  nomination  shall 
have  been  filed  in  his  behalf  as  provided  in  this  Act,  substantially  in  the 
following  form : 


ELECTIONS.  489 


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, 

do  hereby  petition  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  primary 
election  held  on  the day  of ,  A.  D 

Name.  Office.  Address. 

John  Jones Governor Belvidere,   111. 

Thomas  Smith Attorney  General Oakland,  111. 

Name Address 

State  of  Illinois,  ^ 

j-ss. 

County,  J 

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  correctly 

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  head- 
ing giving  the  information  as  to  name  of  candidate  or  candidates,  in 
whose  behalf  such  petition  is  signed,  the  office,  the  political  party  rep- 
resented, 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  elec- 
tors 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  of  over  ten  thousand  by  the  then  last  pre- 
ceding 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  nomination,  stating  his  residence  ad- 
dress (and  if  a  resident  of  a  city  having  a  population  of  over  ten  thous- 
and by  the  then  last  preceding  Federal  census,  also  stating  the  street 


490  ELECTIONS. 


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  oaths  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  petitions,  when  filed,  shall  not  be  withdrawn  or  added  to,  and-no 
signatures  shall  be  revoked  except  by  revocation  filed  in  writing  with 
the  clerk  or  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  convicted  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  by  primary  elections  shall  be 
signed : 

(a)  If  for  a  State  office,  by  not  less  than  one  thousand  nor  more 
that  two  thousand  primary  electors  of  his  party; 

(b)  If  for  a  Congressional  office,  by  at  least  one-half  of  one  per 
cent  of  the  qualified  primary  electors  of  his  party  in  his  Congressional 
district,  as  the  case  may  be ; 

(c)  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 
commissioner  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  dis- 
trict or  division  in  which  such  person  is  a  candidate  for  nomination ; 

(d)  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. 

(c)  If  for  a  ward  or  precinct  committeeman,  by  at  least  ten 
(10)   qualified  voters  of  his  party  residing  in  his  ward  or  precinct. 

§  29.  Any  candidate  for  President  of  the  United  States  may 
have  his  name  printed  upon  the  primary  ballot  of  his  political  party  by  fil- 
ing in  the  office  of  the  Secretary  of  State  not  less  than  forty  days  prior  to 
the  date  of  the  April  primary,  in  any  year,  a  petition  'signed  by  not 
less  than  three  thousand  nor  more  than  five  thousand  primary  electors, 
members  of  and  affiliated  with  the  party  of  which  he  is  a  candidate1, 


ELECTIONS.  49] 


unci  no  candidate  for  President  of  the  United  States,  who  fails  to  coin- 
ply  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  conventions  of  re- 
spective political  parties;  and  the  vote  of  the  respective  Congressional 
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. 

§  29a.  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  can- 
didates 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  nomination  convention  to  he  filed  unless  accompanied  by 
the  statement  aforesaid.  And  candidate  for  President  of  the  United 
States  from  [for]  whom  a  preference  is  stated  by  any  candidate  for 
delegate  or  alternate  delegate  to  a  nomination  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  dis- 
avowing the  candidacy  of  the  person  who  has  so  filed  a  nomination 
petition  for  delegate  or  alternate  delegate  to  a  national  nominating  con- 
vention and  in  case  such  candidate  for  president  of  the  United  States  shall 
disavow  the  candidacy  of  the  candidate  for  delegate  or  alternate  dele- 
gate, as  aforesaid,  the  name  of  such  candidate  for  delegate,  for  dele- 
gate or  alternate  delegate  so  disavowed  shall  not  be  certified  to  the 
various  county  clerks  for  printing  upon  the  official  primary  ballot. 

§  30.  All  petitions  for  nominations  by  primary  elections  shall  be 
filed  as  follows : 

(1)  Where  the  nomination  is  to  be  made  for  a  State,  Congres- 
sional or  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  peti- 
tion for  nomination  shall  be  filed  in  the  office  of  the  Secretary  of  State 
not  more  than  sixty  clays  and  less  than  forty  days  prior  to  the  date 
of  the  primary; 

(2)  Where  the  nomination  is  to  be  made  for  a  county  office,  or  for 
ward  or  precinct  committeeman,  then  such  petition  shall  be  filed  in  the 
office  of  the  county  clerk  not  more  than  sixty  nor  less  than  forty  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 


492  ELECTIONS. 


petitions  for  nomination  shall  be  filed 'in  the  office  of  the  city  or  village 
clerk  not  more  than  thirty  nor  less  than  twenty  clays  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  and  not  less 
than  twenty  days  prior  to  the  date  of  the  primary; 

(5)  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; 

(6)  Any  person  for  whom  a  petition  for  nomination  or  a  petition 
for  election  as  committeeman  has  been  filed  may  cause  his  name  to  be 
withdrawn  by  request  in  writing,  signed  by  him  and  duly  acknowledged 
before  any  officer  qualified  to  take  acknowledgments  of  deeds,  and  filed 
in  the  office  of  the  Secretary  of  State  not  less  than  thirty-five  days  or 
with  the  proper  clerk  not  less  than  twenty  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. 

§  31.  Not  less  than  twenty-seven  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  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  affiliation  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  pri- 
mary ballot,  said  names  (except  the  names  of  candidates  for  State 
offices),  to  appear  in  the  order  in  which  petition  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 
manner  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  on  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  certify- 
ing the  names  of  candidates  for  State  offices  to  the  county  clerk  or  county 
clerks  of  the  counties  composing  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 


ELECTIONS.  493 


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  each  of  the  State  offices  shall  be  rotated  by  senatorial 
districts. 

Not  less  than  twenty-five  days  prior  to  the  date  of  the  primary,  the 
county  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  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  candidates  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. 

§  32.  The  county  clerk  of  each  county  and  in  cities,  villages  and 
towns,  the  clerk  thereof,  as  the  case  may  be,  shall  prepare  and  cause  to 
be  printed  the  primary  ballot  of  each  political  party  for  each  precinct  in 
his  respective  county,  city,  village  or  town. 

§  3?  It  is  hereby  made  the  duty  of  the  county  clerk  of  each 
county  to  cause  to  be  printed  upon  the  primary  ballot  of  each  precinct 
in  his  county  in  the  order  above  prescribed  the  name  of  each  candidate 
whose  petition  for  nomination  has  been  filed  in  the  office  of  the  county 
clerk,  as  herein  provided;  and  also  the  name  of  each  candidate  whose 
name  has  been  certified  to  his  office  by  the  Secretary  of  State,  and  in 
the  order  hereinabove  provided. 

It  shall  be  the  duty  of  the  city  or  village  or  town  clerk,  as  the  case 
may  be,  to  cause  to  be  printed  upon  the  primary  ballot  of  each  political 
party  for  each  precinct  in  his  city,  village  or  town,  as  the  case  may  be. 
the  name  of  each  candidate  whose  petition  for  nomination  has  been  filed 
in  his  office,  as  herein  provided  and  which  is  to  be  voted  for  in  such 
precinct. 

§  34.  The  primary  ballot  of  each  political  party  shall  be  separately 
printed  upon  paper  of  uniform  quality,  texture,  and  size,  but  the 
primary  ballot  of  no  two  political  parties  shall  be  of  the  same  color  or 
tint. 

The  clerk,  whose  duty  it  shall  be  to  cause  to  be  printed  the  primary 
ballot  shall,  at  least  fifteen  days  prior  to  the  date  of  the  primary,  post 
in  a  conspicuous  place  in  his  office  an  announcement  of  the  color  of  the 
primary  ballots  of  the  respective  parties,  and,  in  the  case  of  the  county 
clerk,  shall  also  publish  such  announcement  for  at  least  once  in  two 
secular  newspapers  of  general  circulation  in  the  county.     In  the  case 


494  .  ELECTIONS. 


of  the  city  clerk,  such  publication  shall  be  made  at  least  one  week  in 
three  newspapers  printed  and  published  in  said  city. 

§  35.  The  primary  ballot  of  each  political  party  of  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  desig- 
nating words  shall  be  'REPUBLICAN  PRIMARY  BALLOT,"  if  a 
Democratic  ballot  the  designating  words  shall  be  "DEMOCRATIC 
PRIMARY  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,  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  pre- 
cinct or  ward  committeemen. 

Below  the  name  of  each  office  shall  be  printed  in  small  letters  the 
directions  to  voters :  "Vote  for  one ;"  "vote  for  two •"  "vote  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  alphabetical  order  of  the  first  letter 
of  the  surnames  of  the  respective  candidates,  except  as  otherwise  pro- 
vided in  this  Act,  for  the  nomination  for  such  offices  which  are  entitled 
to  be  placed  upon  the  respective  party  primary  ballot.  The  names  of 
all  candidates  upon  the  primary  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  sufficient  space  shall  separate  the  names  of  candi- 
dates for  one  office  from  the  names  of .  candidates  of  another  office  to 
avoid  confusion. 

§  36.  On  the  back  or  outside  of  the  primary  ballot  of  each  pre- 
cinct, so  as  to  appear  when  folded,  shall  be  printed  the  words  "Primary 
Ballot,"  followed  by  designation  of  said  precinct,  the  date  of  the  pri- 
mary and  a  fac  simile  of  the  signature  of  the  clerk  who  furnished  the 
ballot. 

§  37.  The  officer  whose  duty  it  shall  be  to  cause  the  printing  of 
the  primary  ballot  shall,  not  less  than  five  days  prior  to  the  primary, 
transmit  or  cause  to  be  delivered  to  the  primary  judges,  specimen  bal- 
lots of  each  political  party,  substantially  in  the  form  of  the  official 
primary  ballots,  to  be  used  at  the  primary,  which  specimen  ballot  shall 
be  printed  upon  paper  of  a  different  texture  and  color  from  the  official 
primary  ballot,  and  it  shall  be  the  duty  of  the  primary  judges  to  post  not 
less  than  five  of  each  of  such  specimen  ballots  in  the  precinct,  one  of 
each  such  specimen  ballots  to  be  posted  at  the  polling  place. 

§  38.  The  officer  so  charged  with  the  printing  of  the  primary 
ballots  shall  cause  to  be  delivered  to  the  primary  judges  of  each  precinct, 
not  less  than  twelve  hours  before  the  time  fixed  for  the  opening  of  the 


ELECTIONS.  495 


polls,  the  official  primary  ballot  of  each  political  party,  and  the  number 
thereof  for  each  political  party  in  each  precinct  shall  be  one  hundred 
for  each  fifty  votes  cast,  in  said  precinct  by  said  political  party  at  the 
last  preceding  election. 

§  39.  The  official  primary  ballots  shall  be  put  in  separate  sealed 
packages  with  marks  on  the  outside  thereof  clearly  designating  the  pre- 
cinct for  which  they  are  intended,  and  the  number  of  ballots  enclosed 
for  each  political  party  and  a  receipt  therefor  shall  be  given  by  the 
primary  judge  to  whom  such  ballots  are  delivered,  which  receipt  shall 
be  filed  by  the  proper  clerk  in  his  office. 

§  40.  The  officer  so  charged  with  the  printing  of  primary  ballots 
shall  provide  and  retain  in  his  office  until  after  the  primary,  an  ample 
supply  of  extra  primary  ballots  for  each  political  party  in  each  precinct, 
and  if,  at  any  time  before  or  during  the  primary,  ballots  of  any  precinct 
shall  be  lost,  destroyed  or  exhausted,  on  written  application,  signed  by 
the  primary  judges  of  said  precinct,  or  any  of  them,  he  shall  im- 
mediately cause  to  be  delivered  to  said  primary  judges  such  supply  of 
extra  ballots  as  may  be  required  to  comply  Avith  the  provisions  of 
this  Act. 

§  41.  Upon  the  opening  of  the  polls  one  of  the  primary  judges 
shall  make  proclamation  of  the  same.  And  at  least  thirty  minutes  before 
the  closing  of  the  polls  proclamation  shall  be  made  in  like  manner  that 
the  polls  will  be  closed  in  half  an  hour. 

§  42.  Before  voting  begins,  the  ballot  box  shall  be  emptied  and  it 
shall  be  opened  and  shown  to  those  present  ±o  be  empty,  after  which  it 
shall  be  locked  and  the  key  delivered  to  one  of  the  primary  judges,  and 
such  ballot  box  shall  not  be  removed  from  public  view  from  the  time  it 
is  shown  to  be  empty  until  after  the  close  of  the  polls. 

§  43.  Every  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  natural- 
ization 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  year,  in  the  county  ninety  days,  and  in  the  election 
district  thirty  days,  next  preceding  any  primary  election  held  therein, 
may  vote  at  such  primary  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  provided  for  women,  which 
ballots  shall  contain  the  names  of  candidates  for  nomination  for  such 
offices  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  affiliation  as  required  by  this 
Act; 


496  ELECTIONS. 


(b)  Who  shall  have  signed  the  petition  for  nomination  of  a  candi- 
date 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  any  inde- 
pendent candidate  for  any  office  for  which  office  candidates  for  nomina- 
tion are  to  be  voted  for  at  such  primary ;  or 

(d)  If  he  shall  have  voted  at  a  primary  held  under  this  Act  of 
another  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 
nominations  of  candidates  for  city  offices  only,  and  for  no  other  office  or 
offices,  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  pri- 
mary of  another  political  party. 

In  cities  having  a  board  of  election  commissioners,  the  following 
additional  regulations  shall  be  applicable : 

In  such  cities  only  Voters,  registered  as  herein  provided,  shall  be 
entitled  to  vote  at  such,  primary.  The  registration  books  prepared  for 
and  used  at  the  election  then  next  preceding  shall  be  used  for  the 
primary,  and  any  person  therein  registered  shall  be  entitled  to  vote  at 
the  primary  unless  he  shall  have  removed  from  the  election  precinct  or 
become  otherwise  disqualified.  In  any  such  city  having  a  population  of 
less  than  two  hundred  thousand,  any  person  whose  name  does  not  appear 
on  the  rigistry  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  primary  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  resi- 
dence at  his  then  present  address,  in  the  precinct,  county,  State  and 
United  States,  the  fact  of  his  naturalization,  if  the  applicant  is  a 
naturalized  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  regis- 
tered. 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  name  of  such  primary  elector  in  the 
original  registration  books  for  the  proper  precinct,  specifying  the  pre- 
cinct from  which  he  is  transferred,  if  previously  registered  in  another 
precinct,  and  shall  also  make  a  minute  opposite  his  name  in  the  original 
registration  books  of  the  precinct  from  which  he  was  removed,  showing 


ELECTIONS.  £97 


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  registration  thereof. 
At  least  five  days  prior  to  the  date  of  the  primary,  the  board  of 
election  commissioners  shall  cause  to  be  posted  at  each  polling  place  in 
each  precinct,  in  a  book  substantially  in  the  form  now  used  for  "verifica- 
tion lists,"  under  the  general  election  laws  of  this  State,  the  name  and 
address  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  two  hundred  thousand  or 
more,  and  in  any  incorporated  town,  under  the  jurisdiction  of  such 
board  of  election  commissioners  the  said  registration  books  shall  be 
revised  three  weeks  preceding  such  primaries  under  the  direction  of 
said  board  of  election  commissioners  in  the  same  manner  as  is  now  pro- 
vided by  law  for  intermediate  registration  in  cities  having  boards  of 
election  commissioners :  Provided,  that  when  an  intermediate  registra- 
tion and  revision  is  now  provided  for  by  law  to  be  held  within  thirty 
days  prior  to  such  primary  election  then  such  intermediate  registration 
and  revision  shall  be  the  registration  and  revision  for  such  primary 
election. 

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 
provided,  shall  be  erased  therefrom,  for  the  reason  that  such  person  so 
registered  is  not,  or  will  not  on  or  before  the  day  of  the  primary,  be  a 
legal  primary  elector  of  the  precinct,  which  application  shall  be  in  sub- 
stance, 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 

—32   L 


498  ELECTIONS. 


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  application 
to  erase  a  name  shall  subscribe  and  swear  to  an  answer  in  the  presence 
of  a  member  of  the  board  of  election  commissioners,  substantially  in 
the  following  form : 

'% ,  do  solemnly  swear  that  I  am  a  citizen 

of  the  United  States;  that  I  have  resided  in  the  State  of  Illinois  since 

the day  of ,  A.  D ,  and  in  the  county 

of ,  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  the  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  summarily  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  commissioners, 
and,  when  such  minute  indicates  that  the  name  of  the  applicant  shall  be 
restored  to  the  registry,  the  board  of  election  commissioners  shall  forth- 
with cause  such  name  to  be  placed  upon  the  appropriate  register,  and 
indicate  that  it  was  intered  [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  the 
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 
the  application  be  made  therefor  within  five  days  after  the  entry  of  said 
court,  and  such  appeal  shall  be  allowed  on  the  giving  of  an  appeal  bond 
in  the  penalty  of  $250.00,  conditioned  to  pay  the  expenses  of  such 
appeal.  The  time  for  filing  such  appeal  bond  and  certificate  of  evidence 
shall  be  fixed  by  the  court,  and  upon  presentation  to  the  court  of  a 
certificate  containing  the  evidence  heard  at  such  hearing,  within  the 
time  fixed  by  the  court,  the  court  shall  sign  the  same,  and  thereupon 
the  same  shall  become  part  of  the  record  in  said  cause. 

The  original  registration  books,  revised  as  herein  provided,  shall 
constitute  the  primary  registration. 


ELECTIONS.  L99 


§  44.  Any  person  desiring  to  vote  at  a  primary  shall  state  his 
name,  residence  and  party  affiliation  to  the  primary  judges,  one  of  whom 
shall  thereupon  announce  the  same  in  a  distinct  tone  of  voice,  sufficiently 
loud  to  he  heard  hy  all  persons  in  the  polling  place.  If  the  person 
desiring  to  vote  is  not  challenged,  one  of  the  primary  judges  shall  give 
to  him  one,  and  only  one,  primary  ballot  of  the  political  party  with 
which  he  declares  himself  affiliated,  on  the  back  of  which  such  primary 
judge  shall  endorse  his  initials  in  such  manner  that  they  may  be  seen 
when  the  primary  ballot  is  properly  folded.  If  the  person  desiring  to 
vote  is  challenged  he  shall  not  receive  a  primary  ballot  from  the  primary 
judges  until  he  shall  have  established  his  right  to  vote  as  hereinafter 
provided.  No  person  who  refuses  to  state  his  party  affiliation  shall  be 
allowed  to  vote  at  a  promary  [primary].   , 

§  45.  Whenever  a  person  offering  to  vote  at  a  primary  is  chal- 
lenged, the  person  so  challenged  shall  make  and  subscribe  an  affidavit  in 
the  following  form,  which  shall  be  presented  to  and  retained  by  the 
primary  judges  and  clerks,  and  returned  by  them  with  the  primary 
poll"  books: 
State  of  Illinois  1 

j-ss 
County  of J 

I,   do  solemnly  swear  (or  affirm)  that  I  am  a 

citizen  of  the  United  States,  of  the  age  of  twenty-one  years  or  over,  and 
am  qualified  to  vote  under  and  by  virtue  of  the  Constitution  and  laws 
of  the  State  of  Illinois,  and  am  a  legally  qualified  voter  of  this  precinct ; 

that  I  now  reside  at (insert  street  and  number,  if  any)  in 

this  precinct,  and  am  a  member  of  and  affiliated  with  the 

party;  that  I  have  not  voted  at  a  primary  of  another  political  party 
within  a  period  of  two  years  prior  to  this  date;  and  that  I  voted  at  the 

city,  village  or  town  primary,  with  the 

political  party,  at  the election  held  in 

A.  D ,  which  said political  party  was  entitled  at 

said  primary  to  make  nominations  of  candidates,  for  city,  village  or 
town  offices  only,  and  for  no  other  offices,  and  that  the  name  or  names 

of  no  candidate  or  candidates  of  the  political  party  (the 

political  party  with  which  the  primary  elector  declares  himself  affiliated) 
were,  at  such  city,  village  or  town  primary,  printed  on  the  primary 
ballot;  that  I  have  not  signed  the  petition  for  nomination  of  a  candi- 
date of  a  political  party  with  which  I  am  not  affiliated,  and  that  I  have 
not  signed  the  nominating  papers  of  an  independent  candidate  for  any 
office  for  which  office  candidates  for  nomination  are  voted  for  at  this 
primary. 

Subscribed  and  sworn  to  before  me,  this dav  of 

A.  D 


Judge  of  Primary. 
In  addition  to  such  affidavit  the  person  so  challenged  shall  produce 
the  affidavit  of  one  householder  of  the  precinct,  who  shall  be  a  qualified 
voter  at  such  primary,  and  who  shall  be  personally  known  or  proved  to 


500  ELECTIONS. 


the  judges  to  be  a  householder  in  the  precinct,  which  affidavit  shall  be 
in  the  following  form : 
State  of  Illinois  ] 

}-ss 
County  of J 

I, do  solemnly  swear  (or  affirm)  that  I  am  a 

householder  of  this  precinct  and  entitled  to  vote  at  this  primary;  that 
I  am  acquainted  with (name  of  the  party  chal- 
lenged), whose  right  to  vote  at  this  primary  has  been  challenged;  that  I 
know  him  to  be  an  actual  bona  fide  resident  of  this  precinct,  and  that 
he  has  resided  herein  thirty  days,  and  I  verily  believe  he  has  resided  in 
this  county  ninety  days,  and  in  this  State  one  year  next  preceding  this 
primary;  that  I  verily  believe  he  is  a  member  of  and  affiliated  with  the 
party. 

Subscribed  and  sworn  to  before  me,  this day  of 

A.  D.  19 


Judge  of  Primary. 

§  46.  On  receiving  from  the  primary  judges  a  primary  ballot  of 
his  party,  the  primary  elector  shall  forthwith  and  without  leaving  the 
polling  place,  retire  alone  to  one  of  the  voting  booths  and  prepare  such 
primary  ballot  by  marking  a  cross  (X)  in  the  square  in  front  of  and 
opposite  the  name  of  each  candidate  of  his  choice  for  each  office  to  be 
filled.  At  the  primary  at  which  a  precinct  committeeman  is  to  be 
elected  the  primary  elector  may  write  or  attach  at  the  bottom  of  his 
primary  ballot  in  the  space  provided  for  that  purpose,  the  name  of  one 
primary  elector  of  his  precinct,  member  of  and  affiliated  with  his 
political  party,  for  precinct  committeeman.  No  other  mark  or  designa- 
tion shall  be  necessary  to  indicate  the  primary  elector's  choice  for  pre- 
cinct committeeman. 

Any  primary  elector  may,  instead  of  voting  for  any  candidate  for 
nomination  or  for  committeeman  whose  name  is  printed  on  the  primary 
ballot,  write  in  the  name  of  any  other  person  affiliated  with  such  party 
as  a  candidate  for  the  nomination  for  any  office,  or  for  committeeman, 
and  indicate  his  choice  of  such  candidate  or  committeeman  by  placing, 
to  the  left  of  and  opposite  the  name  thus  written  a  square  and  by  placing 
in  the  square  a  cross  (X).  And  at  the  primary  at  which  precinct  com- 
mitteemen are  to  be  elected  he  shall  write  at  the  bottom  of  his  primary 
ballot,  in  the  space  provided  for  that  purpose,  the  name  of  one  primary 
elector  of  his  precinct,  member  of  and  affiliated  with  his  political  party, 
for  precinct  committeeman.  No  squares  need  be  placed  in  front  of  the 
names  of  persons  so  voted  for,  for  precinct  committeemen. 

§  47.  Before  leaving  the  booth,  the  primary  elector  shall  fold  his 
primary  ballot  in  such  manner  as  to  conceal  the  marks  thereon.  Such 
voter  shall  then  vote  forthwith  by  handing  the  primary  judge  the 
primary  ballot  received  by  such  voter.  Thereupon  the  primary  judge 
shall  deposit  such  primary  ballot  in  the  ballot  box.  The  primary  clerk 
shall  thereupon  enter  in  the  primary  poll  book  the  name  of  the  primary 
elector,  his  residence  and  his  party  affiliation. 


ELECTIONS.  501 


§  48.  Any  primary  elector  who  may  declare  upon  oath  that  he 
cannot  read  the  English  language,  or  that  by  reason  of  any  physical 
ability  [disability]  he  is  unable  to  mark  his  ballot,  shall,  upon  request, 
be  assisted  in  marking  his  primary  ballot  in  the  same  manner  as  pro- 
vided by  the  general  election  laws  of  this  State. 

§  49.  After  the  opening  of  the  polls  at  a  primary  no  adjournment 
shall  be  had  nor  recess  taken  until  the  canvass  of  all  votes  is  completed 
and  the  returns  carefully  enveloped  and  sealed. 

§  50.  The  votes  shall  be  canvassed  in  the  room  or  place  where  the 
primary  is  held  and  the  primary  judges  shall  not  allow  the  ballot  box  or 
any  of  the  ballots,  or  the  primary  poll  book,  or  any  of  the  tally  sheets  to 
be  removed  or  carried  away  from  such  room  or  polling  place  until  the 
canvass  of  the  votes  is  completed  and  the  returns  carefully  enveloped 
and  sealed. 

§  51.  If  the  primary  elector  marks  more  names  upon  the  primary 
ballot  than  there  are  persons  to  be  nominated  as  candidates  for  an  office, 
precinct  or  ward  committeeman,  or  if  for  any  reason  it  is  impossible  to 
determine  the  primary  elector's  choice  of  a  candidate  for  the  nomination 
for  an  office,  or  committeeman,  his  primary  ballot  shall  not  be  counted 
for  the  nomination  for  such  office  or  committeeman. 

No  primary  ballot,  without  the  endorsement  of  the  judge's  initials 
thereon,  shall  be  counted.  Any  judge  wilfully  omitting  to  endorse  his 
initials  on  a  primary  ballot  as  required  by  this  Act  shall  be  guilty  of  a 
misdemeanor  and  punishable  by  a  fine  not  exceeding  one  hundred  dol- 
lars for  each  offense. 

Primary  ballots  not  counted  shall  be  marked  "defective"  on  the 
back  thereof;  and  primary  ballots  to  which  objections  have  been  made 
by  either  of  the  primary  judges  or  challengers  shall  be  marked  "objected 
to"  on  the  back  thereof;  and  a  memorandum,  signed  by  the  primary 
judges,  stating  how  it  was  counted,  shall  be  written  on  the  back  of  each 
primary  ballot  so  marked;  and.  all  primary  ballots  marked  "defective"  or 
"objected  to"  shall  be  enclosed  in  an  envelope  and  securely  sealed,  and  so 
marked  and  endorsed  as  to  clearly  disclose  its  contents. 

All  primary  ballots  not  voted,  and  all  that  have  been  spoiled  by 
voters  while  attempting  to  vote,  shall  be  returned  to  the  proper  clerk, 
by  the  primary  judges,  and  a  receipt  taken  therefor,  and  shall  be  pre- 
served three  months.  Such  official  shall  keep  a  record  of  the  number 
of  primary  ballots  delivered  for  each  polling  place,  and  he  or  they  shall 
also  enter  upon  such  record  the  number  and  character  of  primary  ballots 
returned,  with  the  time  when  and  the  persons  by  whom  they  were  re- 
turned. 

§  52.  Immediately  upon  closing  the  polls,  the  primary  judges 
shall  proceed  to  canvass  the  votes  in  the  manner  following: 

(1)  They  shall  separate  and  count  the  ballots  of  each  political 
party; 

(2)  They  shall  then  proceed  to  ascertain  the  number  of  names 
entered  on  the  primary  poll  books  under  each  party  affiliation; 

(3)  If  the  primary  ballots  of  any  political  party  exceed  in  num- 
ber the  names  of  voters  of  such  political  party  entered  on  the  primary 


502 


ELECTIONS. 


poll  books,  the  primary  ballots  of  such  political  party  shall  be  folded  and 
replaced  in  the  ballot  box,  the  box  closed,  well  shaken  and  again  opened 
and  one  of  the  primary  judges,  who  shall  be  blindfolded,  shall  draw  out 
and  destroy  so  many  of  the  primary  ballots  of  such  political  party  as 
shall  be  equal  to  such  excess; 

(4)  The  primary  judges  shall  then  proceed  to  count  the  primary 
ballots  of  each  political  party  separately;  and  as  the  primary  judges 
shall  open  and  read  the  primary  ballots,  each  primary  clerk  shall  care- 
fully and  correctly  mark  upon  the  tally  sheets  the  votes  which  each  can- 
didate of  the  party  whose  name  is  written  or  printed  on  the  primary 
ballot  has  received,  in  a  separate  column  for  that  purpose,  with  the 
name  of  such  candidate,  the  name  of  his  political  party  and  the  name 
of  the  office  for  which  he  is  a  candidate  for  nomination  at  the  head  of 
such  column. 

§  53.  As  soon  as  the  ballots  of  a  political  party  shall  have  been 
read  and  the  votes  of  said  political  party  counted  as  provided  in  the 
last  above  section,  the  primary  clerk  shall  foot  up  the  tally  sheets  so  as  to 
show  the  total  number  of  votes  cast  for  each  candidate  of  said  political 
party  and  for  each  candidate  for  or  []  ward  or  precinct  committeeman. 
Thereupon  the  primary  judges  shall  set  down  in  the  primary  poll  books, 
under  the  name  of  said  political  party,  the  name  of  each  candidate 
voted  for  upon  the  primary  ballot,  written  at  full  length,  the  name  of 
the  office  for  which  he  is  a  candidate  for  nomination  or  for  committee- 
man, the  total  number  of  votes  which  said  candidate  receives,  and  the 
primary  poll  books  shall  be  substantially  in  the  following  form : 
PARTY. 

At  the  primary  election  held  in  this  precinct  on  the day  of 

,  A.   D.   19.  .  . .,  the   respective   candidates  whose  names 

were  written  or  printed  on  the  primary  ballot  of  said 

party  received  respectively  the  following  votes : 


Name  of  Candidate 


Title  or  Office 


No.  of  Votes 


John  Jones  .  .  . 
Sam  Smith  .  .  . 
Frank  Martin  . 
William  Preston 
Frederick  John 


Governor   100 

Governor   | 70 

Attorney  General I 150 

Representative  in  Congress . .  | 206 

County  Judge   | 59 


xAnd  so  on  for  each  candidate. 

We  hereby  certify  the  above  and  foregoing  to  be  true  and  correct. 

Dated  this .' .  .  .day  of '. A.  D.  19.  .  .  . 

Judges  of  Primary. 


ELECTIONS.  503 


§  54.  After  the  votes  of  a  political  party  have  been  counted  and 
set  down  and  the  tally  sheets  footed  and  the  entry  made  in  the  primary 
poll  books,  as  above  provided,  all  the  primary  ballots  of  said  political 
party,  except  those  marked  "defective"  or  "objected  to"  shall  be  strung 
upon  a  strong  thread  or  twine  separately  for  each  political  party  in  the 
order  in  which  said  primary  ballots  have  been  read,  and  shall  thereupon 
be  carefully  sealed  in  an  envelope,  which  envelope  shall  be  endorsed  as 
follows : 

"Primary  ballots  of  the party  of  the 

precinct  of  the  county  of and  State  of  Illinois." 

Below  each  endorsement,  each  primary  judge  shall  write  his  name. 

§  55.  The  primary  poll  books,  with  the  certificates  of  the  primary 
judges  written  thereon,  and  the  tally  sheets,  together  with  the  envelopes 
containing  the  ballots,  shall  be  carefully  enveloped  and  sealed  up  to- 
gether, properly  endorsed  and  put  into  the  hands  of  the  primary  judges, 
who  shall,  within  forty-eight  hours  thereafter,  deliver  the  same  to  the 
clerk  from  whom  the  primary  ballots  were  obtained,  which  clerk  shall 
safely  keep  the  same  for  three  months. 

§  56.  As  soon  as  complete  returns  are  delivered  to  the  proper 
clerk,  the  returns  shall  be  canvassed  as  follows : 

(1)  In  the  case  of  the  nomination  of  candidates  for  city  offices, 
by  the  mayor,  the  city  attorney  and  the  city  clerk ; 

(2)  In  the  case  of  nomination  of  candidates  for  village  offices,  by 
the  president  of  the  board  of  trustees,  one  member  of  the  board  of 
trustees,  and  the  village  clerk; 

(3)  The  officers  who  are  charged  by  law  with  the  duty  of  can- 
vassing returns  of  general  elections  made  to  the  county  clerk  shall 
also  open  and  canvass  the  returns  of  a  primary  made  to  such  county 
clerk.  Upon  the  completion  of  the  canvass  of  the  returns  by  the 
county  canvassing  board,  said  canvassing  board  shall  make  a  tabulated 
statement  of  the  returns  for  each  political  party,  separately,  stating 
in  appropriate  columns  and  under  proper  headings,  the  total  number 
of  votes  cast  in  said  county  for  each  candidate  for  nomination  by  such 
party  including  ward  and  precinct  committeemen.  Within  two  days 
after  the  completion  of  said  canvass  by  said  canvassing  board  the  county 
clerk  shall  mail  to  the  Secretary  of  State  a  certified  copy  of  such 
tabulated  statement  of  returns:  Provided,  however,  that  the  number 
of  votes  cast  for  the  nomination  for  offices,  the  certificates  of  election 
for  which  offices,  under  the  general  election  laws,  are  issued  by  the 
county  clerk  shall  not  be  included  in  such  certified  copy  of  said  tabu- 
lated statement  of  returns. 

(4)  In  the  case  of  the  nomination  of  candidates  for  offices,  cer- 
tified tabulated  statement  of  returns  for  which  are  filed  with  the  Sec- 
retary of  State,  such  returns  shall  be  canvassed  by  the  Governor,  Sec- 
retary of  State  and  State  Treasurer.  ' 

(5)  Where  in  cities  and  villages  which  have  a  board  of  election 
commissioners,  the  returns  of  a  primarv  are  made  to  such  board  of 
election  commissioners,  said  returns  shall  be  canvassed  by  such  board, 
and,  excepting  in  the  case  of  the  nomination  of  candidates  for  any  city 


504  ELECTIONS. 


of  [or]  town  office  in  such  city,  tabulated  statements  of  the  returns  of 
such  primary  shall  be  made  to  the  county  clerk. 

§  57.  Each  of  said  canvassing  boards,  respectively,  shall,  upon 
completion  of  the  canvassing  of  the  returns,  make  proclamation '  of  the 
result  of  said  primary  for  each  political  party,  and  shall  make  and 
execute  a  certificate,  and  unless  a  notice  of  contest  shall  have  been  filed 
with  said  canvassing  board  ten  days  after  completion  of  the  canvass,  shall 
file  such  certificates  in  the  office  of  the  Secretary  of  State,  or  in  the 
office  of  the  clerk  whose  duty  it  is  to  print  the  official  ballot  for  the 
election  for  which  the  nomination  is  made,  as  the  case  may  be,  stating 
therein  the  name  of  each  candidate  for  each  political  party  so  nomin- 
ated or  elected,  as  shown  by  the  returns,  together  with  the  name  of 
the  office  for  which  he  was  nominated  or  elected.  In  case  a  notice  of 
contest  shall  be  filed  with  any  canvassing  board,  such  canvassing  board 
shall  withhold  its  certificate  until  a  certified  copy  of  the  decree  or 
order  of  the  court  hearing  such  contest  shall  have  been  filed  with 
such  canvassing  board.  The  said  canvassing  board  shall,  within  one 
day  after  receiving  a  certified  copy  of  said  decree  or  order,  proceed  to 
finish  the  canvass  of  the  returns  as  corrected  by  such  decree  and  make 
proclamation  accordingly. 

Upon  the  filing  of  said  certificate  in  the  office  of  the  Secretary 
of  State,  or  in  the  office  of  the  proper  clerk,  as  the  case  may  be,  the 
Secretary  of  State  or  the  proper  clerk,  as  the  case  may  be,  shall  within 
one  day  thereafter,  issue  a  certificate  of  nomination  to  each  of  the  can- 
didates  so   proclaimed  nominated. 

§  58.  The  person  receiving  the  highest  number  of  votes  at  a 
primary  as  a  candidate  of  a  party  for  the  nomination  for  an  office, 
shall  be  the  candidate  of  that  party  for  such  office,  and  his  name  as 
such  candidate  shall  be  placed  on  the  official  ballot  at  the  election  then 
next  ensuing:  Provided,  that  where  there  are  two  or  more  persons  to 
be  nominated  for  the  same  office,  or  board,  the  requisite  number  of 
persons  receiving  the  highest  number  of  votes  shall  be  nominated  and 
their  names  shall  be  placed  on  the  official  ballot  at  the  following  elec- 
tion. 

In  the  case  of  candidates  for  nomination  for  members  of  the  board 
of  assessors,  where  five  are  to  be  elected,  four  of  whom  are  to  be  elected 
from  any  one  city  and  the  city  has  the  requisite  number,  then  the  can- 
didate for  nomination  living  outside  of  such  city  having  the  highest 
number  of  votes  of  his  party  shall  be  nominated  and  his  name  shall  be 
placed  on  the  official  ballot  at  the  following  election. 

When  two  or  more  persons  receive  an  equal  number  of  votes  for 
the  nomination  for  the  same  office  or  for  committeeman  of  the  same 
political  party,  or  where  more  than  one  person  of  the  same  political 
party  is  to  be  nominated  as  a  candidate  for  office  or  committeeman,  if 
it  appears  that  more  than  the  number  of  persons  to  be  nominated  for 
an  office  or  elected  committeman  have  the  highest  and  an  equal  number 
of  votes  for  the  nomination  for  the  same  office  or  for  election  as  com- 
mitteeman, the  board  by  which  the  returns  of  the  primary  are  can- 
vassed shall  decide  by  lot  which  of  such  persons  shall  be  nominated 
or  elected,  as  the  case  may  be.     In  such  case  such  canvassing  board 


ELECTIONS.  505 


shall  issue  notice  in  writing  to  such  persons  of  such  tie  vote,  stating 
therein  the  place,  the  day  (which  shall  not  be  more  than  five  days  there- 
after), and  the  hour  when  such  nomination  or  election  shall  be  bo 
determined. 

§  59.  When  the  nomination  is  made  for  an  office  to  be  filled  by 
the  electors  of  an  entire  county,  and  where  it  is  the  duty  of  the  county 
clerk  to  prepare  the  official  ballot  for  election,  it  shall  be  the  duty  of 
the  county  clerk,  under  this  Act,  to  place  upon  the  official  ballot  to  be 
voted  at  the  election  the  names  of  all  candidates  nominated  for  office, 
as  herein  provided,  as  shown  by  the  certificate  of  the  canvassing  board 
on  file  in  his  office,  and  the  names  of  all  candidates  certified  to  him 
by  the  Secretary  of  State,  as  herein  provided. 

When  the  nomination  is  made  for  an  office  to  be  filled  by  the  elec- 
tors of  an  entire  city  or  village,  including  alderman,  and  where  it  is  the 
duty  of  the  city  or  village  clerk  to  prepare  the  official  ballot  for  the  elec- 
tion, it  shall  be  the  duty  of  the  city  or  village  clerk,  under  this  Act, 
to  place  upon  the  official  ballot  to  be  voted  at  the  election  the  names 
of  all  candidates  nominated  for  office,  as  herein  provided,  as  shown 
by  the  certificate  of  the  canvassing  board  on  file  in  his  office. 

When  the  nomination  is  made  for  an  office  to  be  filled  by  the  elec- 
tors of  an  entire  town,  and  where  it  is  the  duty  of  the  town  clerk  to 
prepare  the  official  ballot  for  the  election,  it  shall  be  the  duty  of  the 
town  clerk,  under  this  Act,  to  place  upon  the  official  ballot  to  be  voted 
at  the  election,  the  names  of  all  candidates  nominated  for  office,  as 
herein  provided,  as  shown  by  the  certificate  of  the  canvassing  board  on 
file  in  his  office. 

Not  less  than  fifteen  days  before  an  election  to  fill  any  office,  the 
Secretary  of  State  shall  certify  to  the  county  clerk  of  each  county  within 
which  any  of  the  electors  may,  by  law,  vote  for  such  candidates  for 
such  offices,  the  name  and  description  of  each  person  nominated  for 
such  office,  as  shown  by  the  certificate  of  the  canvassing  board  on  file 
in  his  office. 

§  59a.  It  shall  be  the  duty  of  the  permanent  chairman  and  the 
permanent  secretary  of  each  convention  at  which  candidates  are  nom- 
inated for  public  offices  to  cause  a  certificate  of  nomination  to  be  duly 
filed  in  the  proper  office.  Each  certificate  of  nomination  shall  speci- 
fy: 

(1)  The  name  of  the  candidate  or  candidates  nominated; 

(2)  The  place  of  residence,  with  the  street  number  thereof,  if 
any,  of  each  candidate  nominated; 

( 3 )  The  office  to  which  he  is  nominated ; 

(4)  The  party  or  political  principle,  which  he  represents,  ex- 
pressed in  not  more  than  five  words; 

Each  such  certificate  of  nomination  of  candidates  for  State,  Con- 
gressional, senatorial  and  judicial  offices,  shall  be  filed  in  the  office  of 
the  Secretary  of  State  at  least  thirty  days  previous  to  the  day  of  elec- 
tion for  which  the  candidates  are  nominated.  The  certificate  of  nom- 
ination of  candidates  for  county  offices  shall  be  filed  in  the  office  of  the 
county  clerk  at  least  thirty  days  before  the  day  of  the  election.  Each 
such  certificate  shall  be  sworn  to  by  the  permanent  chairman  and  the 


506  ELECTIONS. 


permanent  secretary  of  the  convention  at  which  the  nomination  was 
made  to  be  true  to  the  best  of  their  knowledge  and  belief,  and  a  cer- 
tificate of  the  oath  shall  be  annexed  to  the  certificate  of  nomination. 

§  60.  Whenever  a  special  election  shall  be  necessary  the  pro- 
visions of  this  Act  shall  be  applicable  to  the  nomination  of  candidates 
to  be  voted  for  at  such  special  election.  The  officer  or  board  or  com- 
mission whose  duty  it  is  under  the  general  election  laws  of  this  State 
to  call  an  election,  shall  fix  a  date  for  the  primary  for  the  nomination 
of  such  candidates  to  be  voted  for  at  such  special  election  as  are  re- 
quired to  be  nominated  by  a  primary  election.  Where  candidates  at 
a  regular  election  are  required  to  be  nominated  by  conventions,  the 
convention  to  nominate  such  candidates  for  a  special  election  shall  be 
called  by  the  managing  committees  of  the  respective  political  parties 
for  the  territorial  area  in  which  such  vacancy  occurs.  At  least  fifteen 
days  notice  shall  be  given  of  such  primary  or  convention. 

In  case  a  candidate  who  has  been  nominated  under  the  provisions 
of  this  Act  shall  died  before  election,  or  decline  the  nomination,  or 
should  the  nomination  for  any  other  reason  become  vacant,  the  man- 
aging committees  of  the  respective  political  parties  for  the  territorial 
area  in  which  such  vacancy  occurs  shall  nominate  a  candidate  or  can- 
didates of  the  respective  parties  to  fill  such  vacancy  on  the  ticket. 

§  60a.  In  case  any  State,  precinct  or  ward  committeeman  shall 
die,  resign  or  refuse  to  accept  the  position  for  which  he  is  elected,  or 
shall  remove  from  the  district,  precinct  or  ward  which  he'was  elected 
to  represent,  the  vacancy  thus  created,  and  all  vacancies  in  any  such 
office  arising  from  any  cause,  shall  be  filled  by  appointing  a  duly  quali- 
fied voter  of  the  party  residing  in  the  district  wherein  such  vacancy  oc- 
curs. To  fill  vacancies  in  the  office  of  State  committeeman,  the  ap- 
pointment shall  be  made  by  the  State  central  committee  of  the  party; 
to  fill  vacancies  in  the  office  of  precinct  committeeman,  the  appoint- 
ment shall  be  made  by  the  county  committee :  Provided,  that  when  such 
vacancies  occur  in  incorporated  cities  or  villages  having  two  hundred 
thousand  or  more  inhabitants,  the  appointment  shall  be  made  by  the 
ward  committeeman  of  the  ward  wherein  such  vacancy  occurs;  to  fill 
vacancies  in  the  office  of  ward  committeeman,  the  appointment  shall 
be  made  by  the  precinct  committeemen  of  the  ward  wherein  the  vacancy 
occurs  at  a  meeting  of  such  committeemen  called  for  that  purpose  by 
the  chairman  of  the  county  committee. 

§  61.  In  cities  having  a  board  of  election  commissioners  the 
duties  herein  imposed  upon  the  county,  city  or  village  clerk,  as  the 
case  may  be,  shall  be  discharged  by  the  board  of  election  commissioners 
in  the  same  manner,  as  near  as  may  be,  and  to  the  same  extent  and 
with  like  effect  that  the  similar  duties  imposed  by  this  Act  are  dis- 
charged by  the  county,  city  or  village  clerk,  as  the  case  may  be;  and 
the  ballots  for  the  nomination  of  all  candidates  to  be  voted  for  in  such 
city  shall  be  printed  by  the  board  of  election  commissioners  and  the 
returns  of  the  primary  held  in  such  city  shall  be  made  to  such  board 
of  election  commissioners. 

§  62.  Any  candidate  whose  name  appears  upon  the  primary  bal- 
lot of  any  political  party  in  any  precinct  may  contest  the  election  of 


ELECTIONS.  507 


the  candidates  nominated  by  his  political  party,  upon  the  face  of  the 
returns,  if  he  so  desires,  and  may,  in  said  county  or  any  of  the  precinct 
[percincts]  thereof  as  to  the  office  for  which  he  was  a  candidate,  contest 
the  election  in  such  county  or  precinct  by  filing  with  the  clerk  of 
the  County  Court,  except  in  the  case  of  candidates  for  the  nomination 
for  State  and  Congressional  offices  and  for  the  office  of  county  judge, 
a  petition  in  writing,  setting  forth  the  grounds  of  contest,  which  peti- 
tion shall  be  verified  by  the  affidavit  of  the  petitioner  or  other  person, 
and  which  petition  shall  be  filed  within  five  days  after  the  completion 
of  the  canvass  of  the  returns.  The  contestant  shall  also  file  with  the 
canvassing  board,  which  canvasses  the  returns  for  such  nomination 
(and  if  for  the  nomination  for  an  office,  certified  tabulated  statements 
of  the  returns  of  which  are  to  be  filed  with  the  Secretary  of  State), 
also  with  the  county  canvassing  board,  a  notice  of  the  pendency  of  the 
contest.  In  the  case  of  a  contest  for  the  nomination  for  State  and 
Congressional  offices  and  for  the  office  of  county  judge,  said  petition 
shall  be  filed  in  the  office  of  the  clerk  of  the  Circuit  Court. 

Authority  and  jurisdiction  are  hereby  vested  in  the  County  Court 
or  in  the  judge  thereof  in  vacation,  or  in  the  Circuit  Court  or  in  the 
judges  thereof  in  vacation,  as  the  case  may  be,  to  hear  and  determine 
primary  contests.  When  a  petition  to  contest  a  primary  shall  be  filed 
in  the  office  of  the  clerk  of  the  court,  said  petition  shall  forthwith  be 
presented  to  the  judge  thereof,  who  shall  note  thereon  the  date  of 
presentation,  and  shall  also  note  thereon  the  day  when  he  will  hear 
the  same,  which  shall  not  be  more  than  five  days  thereafter,  and  shall 
order  issuance  of  summons  to  each  defendant  named  in  the  petition. 

Summons  shall  forthwith  issue  to  each  defendant  named  in  the 
petition  and  shall  be  served  in  the  same  manner  as  is  provided  in  cases 
in  chancery.  Summons  may  be  issued  and  served  in  any  county  in 
the  State.  The  case  may  be  heard  and  determined  by  the  County  or 
.  Circuit  Court  in  term  time,  or  by  the  judges  thereof  in  vacation,  at 
any  time  not  less  than  three  days  after  service  of  process,  and  shall 
have  preference  in  the  order  of  heaping  to  all  other  cases.  The  peti- 
tioner shall  give  security  for  all  costs. 

If,  in  the  opinion  of  the  court,  in  which  the  petition  is  filed,  the 
grounds  for  contest  alleged  are  insufficient  in  law,  the  petition  shall  be 
dismissed.  If  the  grounds  alleged  are  sufficient  in  law,  the  court  shall 
proceed  in  a  summary  manner  and  may  hear  evidence,  examine  the  re- 
turns, recount  the  ballots  and  make  such  orders  and  enter  such  judg- 
ment as  justice  may  require.  The  court  shall  ascertain  and  declare 
by  a  decree,  as  in  chancery  to  be  entered  of  record  in  the  proper  court, 
the  result  of  such  election  in  the  territorial  area  for  which  the  contest 
is  made.  The  judgment  of  the  court  shall  be  final.  A  certified  copy 
of  said  decree  shall  forthwith  be  made  by  the  clerk  of  the  court  and 
transmitted  to  the  board  canvassing  the  returns  for  such  office ;  and  in 
case  of  contest,  if  for  nomination  for  an  office,  tabulated  statements  of 
returns  for  which  are  filed  with  the  Secretary  of  State,  also  in  the  of- 
fice of  the  county  clerk  in  the  proper  county.  The  proper  canvassing 
board,  or  boards,  as  the  case  may  be,  shall  correct  the  returns  or  the 
tabulated   statement  of  returns  in   accordance  with   said  decree. 


508  ELECTIONS. 


§  63.  Nothing  in  this  Act  contained  shall  be  construed  to  pre- 
vent the  nomination  of  indepedent  candidates  by  petition,  as  is  now 
or  may  hereafter  be  provided  by  law. 

§  64.  No  spirituous,  malt,  vinous  or  intoxicating  liquor  shall 
be  sold  or  given  away,  nor  shall  any  saloon,  bar-room  or  place  where 
such  liquor  is  sold  or  given  away  be  open  during  the  holding  of  any 
primary.  Whoever  violates  the  provisions  of  this  section  shall  be  fined 
in  a  sum  not  less  than  twenty-five  nor  more  than  one  hundred  dollars.  It 
shall  be  the  duty  of  the  sheriff,  constable,  coroner  and  other  officers  of  the 
county,  the  magistrates  and  majors  of  cities  to  see  that  the  provisions  of 
this  section  are  enforced. 

§  65.  If  any  person  whose  vote  is  challenged,  or  any  witness 
sworn  under  the  provisions  of  this  Act,  shall  knowingly,  wilfully  and 
corruptly  swear  falsely,  he  shall  be  deemed  guilty  of  perjury  and  on 
conviction  thereof  shall  be  punished  accordingly. 

§66.  (1)  Whoever  unlawfully  votes  more  than  once  at  any 
primary  or  offers  to  vote  after  having  once  voted  at  such  primary,  or 
knowing  that  he  is  not  a  qualified  elector  at  a  primary,  wilfully  votes 
at  such  primary,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  one  thousand  dollars,  or  imprisoned  in  the  county  jail  not 
exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

(2)  Whoever  wilfully  aids  or  abets  any  one  not  legally  qualified 
to  vote  at  a  primary  in  voting  or  attempting  to  vote  at  such  primary; 
or 

(3)  By  unlawful  means  prevents  or  attempts  to  prevent  any 
primary  elector  from  attending  or  voting  at  a  primary;  or 

(4)  Gives  or  offers  to  give  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  a  primary,  as  a  consideration  of  some  act  to  be  done 
or  omitted  to  be  done  contrary  to  his  official  duty  in  relation  to  such 
primary,  shall,  on  conviction  thereof,  be  fined  in  a  sum  of  not  ex- 
ceeding one  thousand  dollars  or  imprisoned  in  the  county  jail  not  ex- 
ceeding one  year,  or  both,  in  the  discretion  of  the  court;  any  judge 
or  clerk  who  shall  receive,  request  or  demand  any  bribe  or  reward  for- 
bidden by  this  Act  shall,  on  conviction,  be  liable  to  the  same  penalties 
as  prescribed  in  this  Act  for  giving  or  offering  to  give  such  bribe  or 
reward. 

§  67.  (1)  Any  person  who  shall  give  or  solicit,  request,  demand 
or  receive,  directlv  or  indirectly,  any  money,  intoxicating  liquor  or 
other  thing  of  value,  or  the  promise  thereof,  either  to  influence  his 
vote,  or  to  be  used,  or  under  the  pretense  of  being  used,  to  procure  the 
vote  of  any  other  person  or  persons  or  to  be  used  at  any  poll  or  other 
place  prior  to  or  on  the  day  of  a  primary  for  or  against  any  candidate 
for  office,  or  for  or  against  any  measure  or  question  to  be  voted  upon 
at_  such  primary,  shall  be  deemed  guilty  of  the  infamous  crime  of 
bribery  in  primaries,  and  upon  conviction  thereof  in  any  court  of 
record  shall  be  sentenced  to  disfranchisement  by  the  judge  of  such 
court  for  a  term  of  not  less  than  five  and  not  more  than  fifteen  years, 
and  to  the  county  jail  not  less  than  three  months  or  more  than  one 
year,  and  to  pay  the  cost  of  prosecution  and  stand  committed  to  the 
county  jail  until  such  costs  are  fully  paid.     That  for  a  conviction  of 


ELECTIONS.  509 


a  second  offense  under  this  section,  the  first  being  alleged  and  proven, 
such  offender  shall  be  by  sentence  of  the  court  forever  thereafter  dis- 
franchised and  deprived  of  the  right  to  vote  at  a  primary  in  this  State, 
and  be  imprisoned  in  the  county  jail  not  less  than  one  year,  and  be 
committed  to  jail  in  default  of  the  payment  of  costs  of  prosecution 
until  such  costs  are  fully  paid.  Prosecutions  may  be  had  under  this  sec- 
tion by  indictment  in  the  Circuit  Court,  or  by  information  in  the  County 
Courts,  and  the  effect  of  a  sentence  of  disfranchisement  in  either  of  said 
courts,  both  having  jurisdiction  of  offenses  hereunder,  shall  be  to  deprive 
such  persons  sentenced  of  the  right  to  vote  at  any  primary  within  this 
State  for  a  period  of  time  fixed  by  the  court  where  such  person  shall 
be  convicted  under  this  section.  Solicitations  of  any  person,  or  giving 
of  a  loan  of  money,  of  the  purchase  of  anything  of  value,  or  any  other 
subterfuge,  shall  be  deemed  a  violation  thereof. 

(2)  Any  person  who  shall  have  been  legally  convicted  and  dis- 
franchised by  a  court  of  competent  jurisdiction,  who  shall,  before  the 
expiration  of  his  term,  of  disfranchisement,  vote  or  offer  to  vote  at 
any  primary  within  this  State  shall,  upon  indictment  and  conviction 
thereof  in  a  court  of  competent  jurisdiction,  be  confined  in  the  peni- 
tentiary for  a  term  of  years  not  less  than  one  nor  more  than  ten  years. 

§  68.  Whoever  is  disorderly  at  a  primary  shall  forfeit  a  sum 
not  exceeding  twenty-five  dollars. 

§  69.  Whoever  bets  or  wagers  any  money,  property  or  other 
valuable  thing  upon  the  result  of  the  primary,  or  bets  or  wagers  money, 
property  or  other  valuable  thing  upon  the  number  of  votes  which  may 
be  given  to  any  person  at  a  primary,  or  shall  receive  the  greatest  num- 
ber of  votes  at  a  primary,  or  agrees  to  pay  any  other  person  any  money, 
property  or  other  valuable  thing  in  the  event  that  a  primary  shall  result 
in  one  way,  or  in  the  event  that  any  person  shall  or  shall  not  be  nom- 
inated or  shall  receive  a  greater  number  of  votes  than  others,  upon 
conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  thousand 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

§  70.  (1)  If  any  judge  of  a  primary  shall  permit  a  person  to 
vote  whose  vote  is  challenged,  without  the  proof  required  in  this  Act ;  or 

(2)  Shall  knowingly  and  wilfully  permit  a  person  to  testify  as  a 
witness  contrary  to  the  provisions  of  this  Act;  or 

(3)  Shall  knowingly  permit  a  person  to  vote  who  is  not  qualified 
according  to  law;  or 

(4)  Shall  knowingly  receive  and  count  more  than  one  vote  from 
the  same  person  at  the  same  primary  for  the  same  office,  except  as 
allowed  by  law ;  or 

(5)  Shall  refuse  to  receive  the  vote  of  a  qualified  elector  at  such 
primary,  who  will  make  the  affidavit  of  and  proof  required  by  this 
Act;  or 

(6)  Shall  be  guilty  of  any  fraud,  corruption  or  manifest  misbe- 
havior; or 

(7)  Shall  open  or  unfold  any  ballot  when  the  same  is  presented 
to  be  deposited  in  the  ballot  box ;  or 


510  ELECTIONS. 


(8)  Shall  wilfully  neglect  to  perform  any  of  the  duties  required 
of  him  by  this  Act;  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  one  thousand  dollars,  or  imprisoned  in  the  county  jail  not 
exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

§  71.  If  any  person  wilfully  or  corruptly  ascertains,  publishes  or 
reveals  how  a  primary  elector  voted  at  a  primary,  he  shall,  on  conviction 
thereof,  be  fined  in  any  sum  not  exceeding  one  thousand  dollars,  or  im- 
prisoned in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  discre- 
tion of  the  court. 

§  72.  If  any  clerk  of  a  primary  shall  wilfully  neglect  to  perform 
any  duty  required  of  him  as  primary  clerk,  or  shall  be  guilty  of  a  fraud, 
corruption  or  misbehavior,  he- shall,  on  conviction  thereof,  be  fined  in 
a  sum  not  exceeding  five  hundred  dollars,  or  imprisoned  in  the  county 
jail  not  exceeding  six  months,  or  both,  in  the  discretion  of  the  court. 

§  73.  If  any  judge,  clerk  or  messenger,  after  having  been  deputed 
by  the  primary  judges  to  carry  the  primary  poll  books,  tally  sheets  and 
returns  of  such  election  to  the  place  where  by  law  they  are  required  to  be 
canvassed,  wilfully  or  negligently  fails  to  deliver  such  primary  poll 
books,  tally  sheets  or  returns  within  a  time  prescribed  by  law,  with  the 
seal  unbroken,  he  shall,  upon  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars,  or  imprisoned  in  the  county  jail  not 
exceeding  six  months,  or  both,  in  the  discretion  of  the  court. 

§  74.  If  any  county,  city  or  town  clerk  wilfully  refuses  to  perform 
any  duty  required  of  him  by  this  Act,  he  shall,  upon  conviction  thereof, 
be  fined  in  a  sum  not  exceeding  five  hundred  dollars  and  shall  be  liable 
to  the  person  injured  by  reason  of  such  neglect  or  refusal  in  an  amount 
not  exceeding  five  hundred  dollars,  to  be  recovered  in  an  action  on  the 
case. 

§  75.  If  any  person  whose  duty  it  is  to  canvass  the  returns  or  make 
a  tabulated  statement  thereof,  shall  be  guilty  of  fraud,  corruption  or 
misbehavior  in  not  canvassing  the  returns  or  making  a  tabulated  state- 
ment thereof,  he  shall,  upon  conviction,  be  fined  in  any  sum  not  exceed- 
ing five  hundred  dollars  or  be  imprisoned  in  the  county  jail  not  exceeding 
one  year,  or  both,  in  the  discretion  of  the  court. 

§  76.  Whoever  shall  wilfully  and  wrongfully  take  or  carry  away 
from  the  place  where  it  has  been  deposited  for  safe  keeping,  or  deface, 
mutilate  or  change  any  primary  poll  book,  tally  sheet  or  ballot,  or  any 
name  or  figure  therein,  shall,  upon  conviction  thereof,  be  fined  in  a 
sum  not  exceeding  one  thousand  dollars  or  imprisonment  in  the  county 
jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

§  77.  Any  person  or  member  of  a  board  or  any  primary  judge, 
clerk  or  other  officer  who  is  guilty  of  stealing,  wilfully  and  wrongfully 
breaking,  destroying,  mutilating,  defacing,  falsifying  or  unlawfully 
moving  or  secreting  or  detaining  the  whole  or  any  part  of  any  ballot 
box,  or  any  record,  primary  poll  book,  tally  sheet,  or  copy  thereof,  oath, 
returns,  or  any  other  paper  or  document  provided  for  in  this  Act,  or 
who  shall  fraudulently  make  any  entry,  erasure  or  alteration  therein, 
except  as  allowed  and  directed  by  the  provisions  of  this  Act,  or  who 
permits  any  other  person  so  to  do  shall,  upon  conviction  thereof,  be 


ELECTIONS.  511 


fined  in  a  sum  not  exceeding  one  thousand  dollars,  or  imprisoned  in 
the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the 
court. 

§  78.  If  any  person  shall  commit  any  act  prohibited  herein  or 
refrain  from  doing  any  act  or  duty  required  to  be  done  herein,  and  if  any 
person  shall  in  any  manner  be  guilty  of  a  violation  of  this  Act,  whether 
the  same  is  denominated  an  offense  or  not,  and  for  which  no  punishment 
is  herein  specially  provided,  such  person  shall,  upon  conviction  thereof, 
be  fined  in  a  sum  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or  both, 
in  the  discretion  of  the  court. 

§  79.  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  subsequently  amended,  and  all  other  Acts  and  parts  of 
Acts  inconsistent  with  this  Act,  are  hereby  repealed :  Provided,  how- 
ever, that  nothing  in  this  Act  contained  shall  be  construed  as  repealing 
or  amending  any  part  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  com- 
mitteemen," approved  March  9,  1910,  in  force  July  1,  1910,  and  as 
subsequently  amended. 

§  80.  The  invalidity  of  any  portion  of  this  Act  shall  not  affect 
the  validity  of  any  other  portion  thereof,  which  can  be  given  effect  with- 
out such  invalid  part. 

Approved  June  28,  1919. 


NOMINATIONS  OF  JUDGES   OF   SUPERIOR  COURT   OF  COOK  COUNTY  AND 

CIRCUIT  JUDGES. 

§   1.     Amends   section   1,   Act   of   1917.  §   2.     Emergency. 

§  1.  Provides  for  selection  of 
delegates  to  judicial 
conventions. 

(.Senate  Bill  No.  270.     Approved  April  25,  1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  for 
the  nomination  by  political  parties  of  the  judges  of  the  Superior  Court 
of  Cook  County,  and  of  all  circuit  judges/' 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  nomination  by  political  parties  of 
judges  of  the  Superior  Court  of  Cook  County  and  of  all  circuit  judges," 
approved  June  25,  1917,  in  force  July  1,  1917,  be,  and  the  same  is 
hereby  amended  so  as  to  read  as  follows: 

§  1.  That  candidates  of  any  political  party  as  defined  in  sec- 
tion two  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,  for  the  office  of  judge  of  -the  Circuit  Court  in  any  county 
of  the  State  of  Illinois,  and  for  the  office  of  judge  of  the  Superior  Court 
of  Cook  County,  shall  be  nominated  at  a  convention  of  delegates  of 
such  party. 


512 


ELECTIONS. 


If  any  such  judge  or  judges  are  to  be  elected  in  any  circuit  or  terri- 
tory comprised  of  only  one  county,  the  delegates  to  such  convention  shall 
consist  of  the  members  of  such  party's  county  convention  as  created 
by  section  10  of  said  Act,  as  amended  by  an  Act  approved  June  30, 
1913,  in  force  July  1,  1913. 

If  any  judge  or  judges  of  the  Circuit  Court  are  to  be  elected  in 
any  circuit  comprising  more  than  one  county,  such  convention  shall  be 
composed  of  delegates  from  the  several  counties  comprising  the  circuit. 
Each  county  shall  be  entitled  to  one  delegate  for  every  four  hundred 
voters  or  major  fraction  thereof  cast  in  such  county  for  the  candidate 
for  Governor  of  the  political  party  holding  the  convention,  at  the  last 
preceding  election  for  Governor;  and  such  delegates  from  each  county 
shall  be  selected  by  the  county  committee  of  that  county. 

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

Approved  April  25,  1919. 


REGISTRATION    OP   ELECTORS    UNDER    BOARD    OF   ELECTION 
COMMISSIONERS. 


§  1.  Amends  sections  3,  4,  5,  6.  8,  9, 
10.  13.  26  and  32  of  Article  III, 
Act  of  1885. 

§  3.  Meeting  of  board  of 
registry  —  registry 
books — control    of. 

§  4.  Signature  of  judges 
and   certificate. 

§  5.  Return  of  registers — 
challenge  —  affidavit 
—  form  —  misde- 
meanor —  penalty — 
application  for  reg- 
istration —  oath  — 
illness  or  absence 
from   city. 

§  6.  Revision  of  register — 
second  meeting — 
corrections,  etc. — 
copy. 

§  8.  Suspect  notices  to  be 
mailed  and  delivered 
— postage  provided 
for — penalties  and 
prosecution  for  ne- 
glect   of    duty. 


§    2. 


§  9.  Canvasser's  list  and 
affidavit  —  penalty 
for  neglect  to  file  or 
making  false  affi- 
davit —  revision  of 
register  —  affidavit 
and  examination  of 
suspect  —  names 
erased  —  application 
for    restoration. 

§  10.  Compare  and  correct 
registers  —  certifica- 
tion —  return  — 
copies — printing. 

§  13.  County  Court — appli- 
cation to  put  name 
on  or  erase  from 
register. 

§  26.  Return  of  registers 
to  commissioners  — 
when  lost  or  muti- 
lated. 

§  32.  Return  of  affidavits — 
procedure — penalty. 

Repeals   section   30   of  Article  III, 
Act  of   1885. 


(House  Biil  No.  606.     Approved  June  28,  1919.) 

An  Act  to  amend  sections  3,  ]+,  5,  6,  8,  9,  10,  13,  26  and  32  and  to  repeal 
section  30,  of  Article  III  of  an  Act  entitled:  "An  Act  regulating  the 
holding  of  elections  and  declaring  the  result  thereof  in  cities,  villages 
and  incorporated  towns  in  this  State,"  approved  June  19,  18S5,  in 
force  July  1,  1885,  as  amended. 

Section  1.  Be  it  enacted  b'y  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  3,  4,  5,  6,  8,  9,  10, 
13,  26  and  32  of  Article  III  of  an  Act  entitled :  "An  Act  regulating  the 
holding  of  elections  and  declaring  the  result  thereof  in  cities,  villages 


ELECTIONS.  513 


and  incorporated  towns  in  this  State,"  approved  June  19,  1885,  in  force 
July  1,  1885,  as  amended,  are  amended  to  read  as  follows: 

§  3.  Such  board  of  registry  and  the  election  clerks  shall  meet  in 
the  precinct  twice  prior  to  such  first  election  for  the  purpose  of  making 
a  registry;  the  first  day  for  such  registration  being  on  the  Saturday 
immediately  preceding  the  Tuesday  four  weeks  before  such  election,  and 
the  second  day  of  registration  being  on  the  Tuesday  three  weeks  before 
election  for  the  first  general  city,  village  or  town  election,  or  the  first 
general  State  or  county  election  which  may  occur  after  the  first  appoint- 
ment of  such  board  of  election  commissioners  at  the  place  designated  by 
such  board  of  commissioners  and  they  shall  then  proceed  to  make  a 
general  registration  of  all  the  voters  in  such  precinct.  A  new  general 
registration  shall  be  made  by  the  board  of  registry  in  every  year  in 
which  a  congressional  election  occurs  and  just  prior  thereto,  the  first 
day  of  such  registration  being  on  the  Saturday  immediately  precediDg 
the  Tuesday  four  weeks  before  such  election,  and  the  second  day  of 
registration  being  on  Tuesday  three  weeks  before  such  election.  Two 
registry  books  shall  be  furnished  to  such  board  of  registry  by  the  board 
of  election  commissioners  for  the  purpose  of  such  registration,  and 
shall  be  prepared  substantially  in  the  following  form : 


33    L 


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ELECTIONS. 


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Said  board  of  registry  shall  then  proceed  as  follows : 

First: — They  shall  open  the  registry  at  eight  o'clock  a.  m.  and 
continue  in  session  until  nine  o'clock  p.  m.  on  registration  days.  One  of 
the  judges  shall  administer  to  all  persons  who  shall  personally  apply 
to  register  the  following  oath  or  affirmation: 

"You  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  all  such  questions  as  shall  be  put  to  you  touching  your  place  of 
residence,  name,  place  of  birth,  your  qualifications  as  an  elector,  and  your 
right  as  such,  to  register  and  vote  under  the  laws  of  this  State." 

Second : — Each  of  said  clerks  of  election  and  one  of  said  judges  of 
election  shall  have  charge  of. the  registry  books,  and  shall  make  the 
entries  therein  required  by  this  Act,  and  one  of  the  judges  shall  ask 
the  questions  as  to  qualifications,  and  after  he  is  through,  either  of  the 
judges  may  ask  questions.  As  many  questions  may  be  asked  by  any 
judge  as  may  be  deemed  necessary  to  fully  determine  the  qualification 
of  the  applicant  to  register,  and  any  answer  that  is  deemed  material 
and  that  is  not  in  response  to  a  qiiestion  provided  for  on  the  register, 
may  be  stated  in  the  column  headed  "Remarks".  One  of  the  judges 
of  election  may,  when  necessary,  relieve  one  of  the  clerks  from  time  to 
time  as  necessity  may  seem  to  demand,  in  making  entries  in  said  book. 

Third: — The  name  of  every  applicant  shall  be  entered  in  such 
registry  books,  and  all  the  facets  shall  be  therein  stated,  as  hereinafter 
provided,  whether  he  be  entitled  to  vote  or  not.  If  it  shall  be  de- 
termined by  the  board  that  he  is  not  a  qualified  voter  in  such  precinct,- 
then  an  entry  shall  be  made  in  the  appropriate  column,  "No,"  and  if 
qualified,  an  entry  shall  be  made  in  the  same  column  "Yes." 

Fourth : — Only  such  male  persons  of  the  age  of  twenty-one  years, 
residing  in  such  precinct,  as  apply  personally  for  registration,  shall  be 
entered  in  such  registers;  but  every  applicant  who  would  be  twenty-one 
years  of  age  on  the  day  of  next  election,  if  otherwise  qualified,  shall  be 
entered  on  such  registers.  Every  applicant  who  has  commenced  to  re- 
side in  such  precinct  at  least  thirty  days  before  such  election  shall  be 
entered  in  such  registry  and  shall  be  marked  "qualified"  or  "disqualified," 
as  the  case  may  be;  but  unless  on  the  day  of  election  he  shall  have 
resided  for  thirty  full  days  in  such  election  precinct,  he  can  not  vote 
therein,  although  otherwise  qualified. 

Fifth : — The  headings  to  the  registry  book  shall  be  so  prepared 
that  the  registry  shall  be  made  alphabetically,  according  to  the  surname 
of  each  person  applying,  but  it  shall  be  arranged  so  that  the  residences 
of  such  persons  shall  appear  in  the  first  column.  The  register  shall 
be  ruled,  and  one  name  shall  be  written  on  each  line,  but  no  names 
shall  be  written  between  the  lines.     The  entries  shall  be  as  follows: 

First : — Under  the  column  "Residence"  the  name  and  number  of  the 
street,  avenue,  or  other  location  of  the  dwelling,  if  there  be  a  definite 
number,  and  if  there  shall  not  be  a  number,  such  clear  and  definite 
description  of  the  place  of  such  dwelling  as  shall  enable  it  to  be  readily 
ascertained.  If  there  shall  be  more  than  one  house  at  the  number 
given  by  the  applicant  as  his  place  of  residence,  state  in  which  house 
he  resides.     And   if  there  be  more  than  one  family  residing  in  said 


516  ELECTIONS. 


house,  either  the  floor  on  which  he  resides,  or  the  number,  or  location  of 
the  room  or  rooms  occupied  by  him.  whether  front  or  rear;  every  floor 
below  the  level  of  the  street  or  ground  being  designated  as  the  basement ; 
the  first  floor  above  that  as  the  second  or  such  other  floor  as  it  may  be. 
If  there  shall  be  a  flat  building  or  an  apartment  house  at  the  number 
given,  state  the  number  of  the  flat  or  apartment,  as  the  case  may  be,  in 
which  he  resides. 

Second : — Under  the  column  "Name,"  the  name  of  the  applicant, 
writing  the  surname  first,  and  given  or  Christian  name  after. 

Third: — Under  the  column  "Nativity/'  the  State,  country,  king- 
dom, empire  o.r  dominion,  as  the  fact  stated  by  applicant  shall  be. 

Fourth : — Under  the  subdivision  of  the  general  column  "Term  of 
residence,"  the  periods  by  days,  months  or  years  stated  by  the  applicant 
respectively,  as  to  "At  present  address,''  "Precinct,"  "County,"  "State," 
and  the  "United  States." 

Under  the  subdivision  headed  "At  present  address,"  the  term  of 
applicant's  residence  at  the  street  and  number  given,  and  if  that  period 
is  less  than  thirty  days  prior  to  the  day  of  election,  then  the  applicant 
shall  state  at  what  location  in  the  same  precinct  he  resided  immediately 
prior  thereto,  and  the  length  of  time,  which  statement  shall  be  entered 
in  the  column  headed  "Remarks." 

Fifth : — Under  the  column  "Age,"  the  age  of  the  applicant.  Under 
"Naturalized,"  the  word  "Yes,"  according  to  the  fact  stated. 

Sixth : — Under  the  column  "Date  of  papers,"  the  date  of  natural- 
ization, if  naturalized,  or  about  the  date. 

Seventh : — Under  the  column  "Court,"  the  designation  of  the  court 
in  which,  if  naturalized,  such  naturalization  was  had;  and,  if  the  name 
of  the  court  can  not  be  had  with  certainty,  then  the  name  of  the  place 
in  which  such  court  was  located. 

Eighth : — Under  the  column  "By  Act  of  Congress,"  the  word  "Yes," 
in  case  such  person,  though  foreign  born,  has  been  made  a  citizen  by 
Act  of  Congress,  without  taking  out  his  naturalization  papers. 

Ninth: — Under  the  column  "Qualified  voter,"  the  word  "Yes,"  or 
"No,"  as  the  facts  shall  appear,  or  be  determined  by  a  majority  of  the 
board  of  registry,  it  being,  however,  required  of  them  to  designate  as 
a  qualified  voter  any  male  person  who,  if  otherwise  qualified,  shall  not, 
at  the  time  of  making  application,  be  of  age :  Provided,  the  time  when 
such  applicant  shall  be  of  the  age  of  twenty-one  shall  be  subsequent  to 
the  date  of  his  application  and  not  later  than  the  day  of  election  im- 
mediately following  such  time  of  applying;  but  no  applicant  shall  be 
designated  as  a  qualified  voter  who  having  been  challenged  has  not  filed 
with  said  board  of  registry  his  affidavit  of  qualification,  according  to 
the  provisions  of  this  Act. 

Tenth: — Under  the  column  "Date  of  application,"  the  month, 
day  and  year,  when  the  applicant  presented  himself  and  was  adjudged  a 
qualified  voter  in  election  precinct. 

Eleventh  :■ — Under  the  column  "Residence  when  last  registered," 
the  name  and  number  of.  the  street  or  avenue  from  which  applicant 
Avas  last  registered,  in  the  same  city,  village,  or  town,  and  the  month 


ELECTIONS.  517 


and  year  in  which  the  election  was  held  for  which  such  registration 
was  made.  If  the  applicant  has  not  previously  been  registered  in  said 
city,  village  or  town,  state  "first  registration." 

§  4.  At  the  end  of  each  day's  registry  or  revision  of  registration, 
said  judges  shall  each  sign  his  name  at  the  end  of  the  list  on  each 
page,  so  that  no  new  name  can  be  added  without  discovery,  and  shall 
also  sign  a  certificate,  as  hereinafter  provided,  but  before  doing  so, 
the  said  judges  and  clerks  shall  compare  the  registers  so  kept  and  cause 
any  differences  to  be  corrected,  and  to  make  the  same  agree  in  all  re- 
spects; and  said  judges  shall  then  attach  at  the  end  of  each  register 
in  substance  in  the  words  and  figures  following: 

"We,  the  undersigned  judges  of  election  in precinct  of  the 

ward  of  the  city  of.  ... ,  in  the  State  of  Illinois,  do 

jointly  and  severally  certify  that  at  the  general  registration  of  electors 

in  said  election  precinct  on  the day  of ,  there  were 

registered  by  us  in  the  said  election  precinct  the  names  which  in  this 
book  are  entered,  and  that  the  number  of  registered  and  qualified 
voters  was  and  is  the  number  of " 

"Dated ". 

§  5.  Said  board  of  registry  shall,  by  noon  of  the  day  following 
such  registry,  return  the  registers  to  the  board  of  election  commis- 
sioners. 

Any  voter  of  the  ward,  village  or  town  shall  be  permitted  to  br 
present  at  the  place  of  registration  in  said  ward  and  shall  have  the 
right  to  challenge  any  applicant  who  applies  to  be  registered.  And 
when  challenged  such  applicant  must  make  oath  and  sign  an  affidavit 
in  writing  as  follows : 

"I  do  solemnly  swear  that  I  am  a  citizen  of  the  United  States,  am 

years  of  age,  and  that  I  have  resided  in  the  State  of  Illinois  for 

the  period  of ,  in  the  county  of for  the  period 

of ,  in  the precinct  "of  the ward 

in  the  city  of ,  said  county  and  State,  for  the  period  of 

,  and   at   No street,   in  said  precinct,   for  the 

period  of ,  and  that  I  last  registered  in  said  city  for  the 

election  of from  No street,  and  that  I 

have  never  been  convicted  of  any  crime  (or  if  convicted,  state  the  time 
and  when  pardoned  by  the  Governor  of  any  state)." 

This  affidavit  shall  be  signed  and  sworn  to  before  one  of  such 
board  of  registry,  and  it  shall  be  preserved  and  returned  to  the  office 
of  said  election  commissioners  immediately.  If  said  board  of  registry 
shall  deem  such  affidavit  sufficient,  and  if  the  board  is  convinced  that 
such  person  is  a  qualified  voter,  then  he  must  be  admitted  to  such 
register  as  qualified.  Blank  affidavits  of  the  character  aforesaid  shall 
be  sent  out  to  the  judges  of  all  the  precincts,  and  the  judges  of  election 
shall  furnish  the  same  on  demand  and  administer  the  oath  without 
criticism.  If  any  judge  of  election,  poll  clerk  or  other  person,  when 
such  applicant  has  been  challenged,  shall  designate  such  person  upon 
any  of  the  registers  as  a  qualified  voter  before  he  has  made  and  filed 
'  with  the  board  of  registry  the  affidavit  of  the  character  aforesaid,  such 
judge  of  election,  poll  clerk  or  other  person  shall,  upon  conviction  there- 


518  ELECTIONS. 


of,  be  adjudged  guilty  of  a  misdemeanor  and  shall  by  [be]  punished  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  (10)  days  nor 
more  than  sixty  (60)  days,  or  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

And  any  person  claiming  to  be  an  elector  of  any  election  precinct 
in  such  city  and  who,  upon  application,  is  denied  to  the  right  to  be 
registered  as  a  qualified  voter  in  such  precinct,  may  make  and  sign  an 
application  in  writing,  under  oath,  to  said  board  of  election  commis- 
sioners in  substance  in  the  following  form: 

"I  do  solemnly  swear  that  I, did  on 

make  application  to  the  board  of  registry  of  the precinct  of 

ward,  of  the  city  of and  that  said  board  re- 
fused to  register  me  as  a  qualified  voter  in  said  precinct,  that  I  reside 
in  said  precinct,  am  a  duly  qualified  voter  and  entitled  to  vote  in  said 
precinct  at  the  next  election." 

All  such  applications  shall  be  presented  to  the  board  of  election 
commissioners  by  the  applicant,  in  person,  between  the  hours  of  nine 
o'clock  a.  m.  and  five  o'clock  p.  m.  on  Tuesday  or  Wednesday  of  the 
second  week  prior  to  the  week  in  which  such  election  is  to  be  held. 

Immediately  following  the  first  day  of  registration  and  up  to  and 
until  noon  of  the  day  before  the  second  day  of  registration,  any  voter 
who  shall  make  affidavit  before  the  board  of  election  commissioners  or 
its  clerk  authorized  to  administer  oaths,  that  he  was  unable  to  go  to 
his  polling  place  on  the  first  clay  of  registration  and  that  he  expects 
to  be  by  reason  of  absence  from  the  city  or  sickness,  unable  to  go  to 
the  polls  on  the  second  day  of  registration,  may  file  with  such  board 
an  application  for  registration.  Such  affidavit  shall  be  in  the  follow- 
ing form : 

"I,   ,  do  solemnly  swear  that  I  am  a  legal 

voter  in  the precinct  of  the ward  in  the   city   of 

,  Illinois,  and  that  by  reason  of I  was  unable 

to  be  present  at  the  poling  place  in  said  precinct  on  the  last  day  of 

registration,  and  will,  by  reason  of be  unable  to  be 

present  on  the  next  day  of  registration. 

Signed 

After  making  such  affidavit,  said  board  of  election  commissioners, 
or  its  clerk,  shall  administer  to  him  the  oath  required  of  applicants 
for  registration  in  section  3  hereof  and  shall  require  him  to  answer 
the  same  questions  required  in  section  3  and  shall  receive  his  answers 
on  a  blank  provided  by  said  board  for  that  purpose.  Said  question 
[questions],  with  the  answers  thereto,  shall  be  upon  the  same  blank  and 
immediately  following  the  oath  as  above  provided  for  and  shall  be  signed 
and  certified  to  be  correct  by  the  applicant. 

All  such  affidavits  required  in  this  section,  together  with  the  ques- 
tions and  answers  certified  to  as  above  required  in  the  office  of  th'e 
election  board,  shall  be  enclosed  and  sealed  in  envelopes  by  precincts 
and  be  delivered  by  them  to  the  judges  of  the  respective  precincts,  to- 
gether with  the  registers  on  'the  day  before  the  second  day  of  registration 
and  said  judges  during  their  session  on  said  second  day  of  registration, 


ELECTIONS. 


519 


shall  enter  such  names  and  answers  in  the  registers  in  the  same  man- 
ner as  though  such  persons  were  registering  in  person.  Said  affidavits, 
with  the  questions  and  answers,  shall  be  returned  to  the  office  of  tin- 
election  board  with  the  other  returns. 

In  the  event  that  a  voter  shall,  by  reason  of  illness  or  absence 
from  the  city,  be  unable  to  appear  in  person  at  the  office  of  the  board 
of  election  commissioners,  during  the  interval  between  the  first  and 
second  days  of  registration,  he  may,  upon  application  made  by  him 
or  by  another  for  him,  to  the  board  of  election  commissioners,  be  fur- 
nished a  blank  such  as  is  provided  for  herein  which  may  be  executed 
by  him  before  any  clerk  of  court  of  record,  and  under  its  seal  and  re- 
turned to  the  board  of  election  commissioners  who  shall  cause  such 
voter  to  be  registered  in  the  same  manner  as  though  he  had  appeared 
before  said  board  in  person:  Provided,  such  application  for  registra- 
tion is  received  by  said  board  after  the  first  day  of  registration  and 
not  later  than  noon  of  the  day  before  the  second  day  of  registration. 

§  6.  On  Tuesday,  three  weeks  preceding  said  city,  village,  town, 
State  or  county  election,  said  board  of  registry  shall  again  meet  at 
the  place  designated,  and  said  clerks  of  election  shall  meet  with  them, 
and  they  shall  remain  in  session  from  eight  o'clock  a.  m.  until  nine  o'clock 
p.  m.,  for  the  purpose  of  registering  all  qualified  voters  not  before 
registered  and  who  shall  apply  in  person  to  be  registered.  The  same 
form  shall  be  observed  as  to  applications  made  on  the  second  day  as 
are  required  on  the  first  day  of  registry. 

At  the  end  of  such  day's  registration  the  said  registers  shall  be 
examined,  compared  and  made  to  agree :  Provided,  that  they  shall 
then  be  signed  by  the  judges  in  the  same  way  as  at  the  end  of  the 
first  day's  registry,  and  similar  certificates  shall  be  attached  thereto. 

The  board  of  election  commissioners  shall  furnish  to  the  board  of 
registry  in  each  precinct  a  blank  book,  which  shall  be  named  "Verifica- 
tion lists,"  each  page  of  which  shall  be  ruled  into  three  columns,  and 
shall  be  marked  thus : 

Eegistered  Names. 


(name) 

STREET    NUMBER 

STREET 

Such  book   shall   contain   pages   sufficient   to   allow   six   pages   for 
each  street,  avenue,  alley  and  court  in  the  precinct.     During  the  prog- 


520  ELECTIONS. 


ress  of  the  registration  or  immediately  thereafter,  the  clerks  of  said 
board  shall  transfer  all  the  names  upon  the  register  to  such  "verification 
lists,"  arranging  them  according  to  the  streets,  avenues,  alleys  or  courts, 
beginning  with  the  lowest  residence  number  and  placing  them  numeri- 
cally, as  near  as  possible,  from  the  lowest  up  to  the  highest  number. 
They  shall  first  write  the  name  of  such  street,  avenue,  alley  or  court 
at  the  top  of  the  second  column  and  then  proceed  to  transfer  the  names 
to  such  "verification  lists,"  according  to  the  street  numbers  as  above 
indicated. 

If,  during  either  clay  of  registration,  any  registered  voter  of  the 
ward,  village  or  incorporated  town  shall  come  before  the  board  of 
registry  and  make  oath  that  he  believes  that  any  particular  person  upon 
said  registiy  is  not  a  qualified  voter,  such  fact  shall  be  noted;  and  after 
the  completion  of  such  "verification  lists,"  such  board  or  one  of  said 
judges  shall  make  a  cross  or  check  mark  in  ink  opposite  such  name. 
If  said  judges  shall,  however,  know  any  person  so  complained  of  is  a 
qualified  voter,  and  shall  believe  that  such  complaint  was  made  only 
to  vex  and  harass  such  qualified  voter,  then  such  name  shall  not  t>e  put 
upon  such  list,  but  shall  go  upon  such  list  in  case  any  one  of  the 
judges  desires.  Said  judges  shall,  before  noon  of  the  next  day,  return 
the  registers  to  the  office  of  said  election  commissioners. 

§  8.  Immediately  upon  the  completion  of  such  canvass,  said 
canvassers,  or  one  of  them,  shall  sign  a  notice  and  send  the  same 
through  the  United  States  mail,  duly  stamped,  to  the  address  given 
upon  the  registry  and  "verification  lists,"  of  all  persons  named  therein 
against  whose  names  they  have  made  a  cross  or  check  mark,  indicating 
that  they  did  not  reside  at  such  place  as  before  stated,  and  also  to 
the  address  of  all  persons  against  whose  names  said  registry  board 
or  judge  of  election  has  placed  a  check  mark  or  cross  in  such  "verifica- 
tion lists,"  which  notice  shall  require  such  person  to  appear  before 
the  board  of  registry  upon  the  Saturday  following,  giving  the  time  of 
such  session,  and  to  show  cause  why  his  name  should  not  be  erased 
from  such  registry:  Provided,  that  in  cities,  villages  and  incorporated 
towns  of  less  than  two  hundred  thousand  inhabitants,  the  notice  shall 
require  the  person  to  appear  before  the  board  of  election  commissioners 
upon  the  Monday  or  Tuesday  following,  between  the  hours  of  eight 
o'clock  a.  m.  and  ten  o'clock  p.  m.  Proper  blanks  and  postage  stamps 
shall  be  furnished  for  the  purpose  to  said  canvassers  by  the  board  of 
commissioners.  A  similar  notice  shall  be  also  served  by  one  of  the  said 
canvassers  either  at  the  time  such  canvass,  is  being  made  or  before 
the  following  Saturday,  by  leaving  the  same  with  the  party,  if  found. 
or  if  he  is  not  found  at  the  place  designated  in  such  registry  and 
"verification  lists,"  by  leaving  the  same  at  such  address  if  there  be 
such  a  place.  Such  notice,  to  be  sent  through  the  mail,  must  be  mailed 
not  later  than  12  o'clock  Friday  noon  of  the  week  of  such  canvass.  If 
sufficient  postage  stamps  are  not  delivered  to  such  canvassers  by  said 
board  for  the  purpose  aforesaid,  then  any  one  may  furnish  such  post- 
age stamps  to  such  canvassers  for  that  purpose,  or  such  canvassers  may 
procure  the  same  at  their  own  expense  and  afterwards  render  an  ac- 
count therefor  to  said  commissioners,  dulv  sworn  to,   and  it  shall  be 


ELECTIONS.  521 


the  duty  of  the  said  commissioners  to  audit  such  account  and  cause 
the  same  to  be  paid.  It  shall  be  the  duty  of  such  commissioners  upon 
application,  to  deliver  to  such  canvassers  postage  stamps  sufficient  for 
the  purpose  aforesaid,  when  not  delivered  before,  and  it  shall  be  the 
duty  of  such  canvassers,  or  one  of  them,  to  apply  to  said  commissioners 
for  such  postage  stamps,  if  sufficient  number  have  not  been  delivered 
to  them  for  the  purpose  aforesaid,  and  any  wilful  neglect  of  said  can- 
vassers to  make  application  for  sufficient  postage  stamps,  as  aforesaid, 
and  any  wilful  neglect  of  such  canvassers  to  mail  the  notice  aforesaid 
to  all  of  the  parties  checked  and  designated  as  aforesaid,  and  the  wil- 
ful neglect  of  such  canvassers  to  leave  the  notice  aforesaid  at  the  place 
designated  for  such  person  so  designated,  and  any  wilful  neglect  to 
check  the  name  of  any  person  on  said  "verification  lists,"  transferred 
from  the  registry  as  aforesaid  and  not  found  at  the  place  designated, 
and  any  wilful  neglect  to  transfer  all  the  names  from  the  registry  as 
aforesaid  to  such  "verification  lists"  in  the  manner  aforesaid,  shall  be 
deemed  a  misdemeanor,  and  such  canvasser  or  canvassers  shall  be  pun- 
ished, upon  conviction  thereof,  by  imprisonment  in  the  county  jail 
for  not  less  than  one  month  nor  more  than  one  year,  and  such  can- 
vassers shall  also  be  liable  to  be  punished  by  the  County  Court  of  the 
proper  county  as  for  contempt,  and  be  fined  not  less  than  fifty  dollars, 
or  imprisoned  in  the  county  jail  by  such  court  for  a  period  not  ex- 
ceeding one  hundred  days,  or  both,  in  the  discretion  of  the  court.  And 
it  shall  be  the  duty  of  said  board  of  election  commissioners,  when  com- 
plaint is  made  to  them,  to  investigate  the  action  of  such  clerks  or  can- 
vassers, and  to  cause  them  to  be  brought  before  such  County  Court  and 
to  prosecute  them  as  for  contempt,  and  also,  at  their  discretion,  to 
cause  them  to  be  prosecuted  criminally  for  such  wilful  neglect  of  duty. 
§  9.  The  canvassers,  or  one  of  them,  shall  make  out  a  list  of 
the  names  of  the  parties  checked  and  designated,  as  aforesaid,  and  to 
whom  such  notice  has  been  sent,  given  or  left  with  the  address,  and 
make  and  attach  his  or  their  affidavit  or  affidavits  thereto,  stating  that 
notice,  duly  stamped,  was  mailed  to  each  of  said  parties  at  the  places 
designated  on  such  list,  on  or  prior  to  12  o'clock  m.  of  the  Friday  fol- 
lowing the  canvass,  and  that  notice  was  also  personally  left  at  the  said 
address  of  each  of  said,  parties  named  in  said  list  so  attached,  if  there 
be  any  such  address,  and  said  canvasser  shall  also  file  in  the  office  of 
the  election  commissioners  on  or  prior  to  6  o'clock  p.  m.  on  the  Fri- 
day following  the  canvass,  an  exact  duplicate  of  such  list  and  affidavit 
or  affidavits.  Blank  affidavits  shall  be  furnished  by  said  commissioners 
for  the  purposes  aforesaid ;  but  if  none  are  furnished,  such  canvassers 
shall  cause  the  same  to  be  drawn,  and  they  shall  swear  to  such  affi- 
davit before  one  of  the  judges  of  such  precinct,  or  a  member  of  the 
board  of  election  commissioners  or  the  chief  clerk.  If  either  of  said 
canvassers  shall  wilfully  neglect  and  fail  to  make  such  affidavit,  with 
the  list  aforesaid  attached,  he  shall  be  -punished  in  the  same  man- 
ner as  last  above  provided,  and  if  such  affidavit  shall  be  wilfully  false, 
the  maker  thereof  shall  also  be  punished  in  the  manner  last  aforesaid, 
and  shall  also  be  liable  for  perjury. 


522  ELECTIONS. 


Ill  cities  having  a  population  of  over  two  hundred  thousand,  on 
the  Saturday  following  the  Tuesday  three  weeks  preceding  such  gen- 
eral election,  said  board  of  registry  shall  again  meet  at  the  place  desig- 
nated, and  the  said  clerks  of  election  shall  meet  with  them  and  they 
shall  remain  in  session  from  six  o'clock  p.  m.  to  ten  o'clock  p.  m.  for 
the  sole  purpose  of  revising  their  registry,  and  no  new  name  shall  be 
added. 

In  cities,  villages  and  incorporated  towns  having  a  population  of 
less  than  two  hundred  thousand,  the  hearing  herein  provided  and  the 
final  revision  shall  be  by  the  board  of  election  commissioners  for  such 
city,  village  or  incorporated  town.  The  commissioners  shall  meet  for 
this  purpose  and  remain  in  session  upon  the  Monday  and  Tuesday  fol- 
lowing the  canvass  between  the  hours  of  eight  o'clock  a.  m.  and  ten 
o'clock  p.  m.  and  the  clerks  of  election  in  such  city,  village  or  incor- 
porated town  shall  meet  with  them,  as  may  be  required  by  the  board 
of  election  commissioners. 

If  any  person  to  whom  such  notice  has  been  sent,  shall  appear  be- 
fore the  board  of  registry,  or  the  board  of  election  commissioners,  as 
the  case  may  be,  during  the  session,  he  shall  make  oath  and  sign  an 
affidavit,  in  substance,  as  follows: 

"I  do  solemnly  swear  that  I  am  a  citizen  of  the  United  States, 

and  that  I  have  resided  in  the precinct,  of  the 

ward  in  the  city  of and  the  county  of and 

the  State  of  Illinois,  since  the day  of and  that 

I  have  never  been  convicted  of  any  crime    (or  if  convicted,  state  the 
time  and  when  pardoned  by  the  Governor  of  any  state)." 

This  affidavit  shall  be  signed  and  sworn  to  before  one  of  such  board 
of  registry  or  board  of  election  commissioners,  or  clerk  of  the  board 
and  it  shall  be  preserved  and  filed  in  the  office  of  said  election  commis- 
sioners. Thereupon,  said  board  of  registry,  or  board  of  election  com- 
missioners shall  further  examine  him  and  shall  also  swear  such  can- 
vassers, and  hear  them  upon  the  question,  and  they  shall  also  have  the 
power  to  send  one  or  both  of  said  canvassers  to  make  further  examina- 
tion, and  inquire  at  the  place  claimed  by  such  person  to  be  his  residence, 
and  again  examine  such  canvassers  touching  the  same ;  and  if  after  such 
further  examination  and  hearing,  the  majority  of  such  board  are  of  the 
opinion  that  such  person  is  not  a  qualified  voter  in  such  precinct,  they 
shall  mark  the  word  "yes"  under  the  column  of  the  register  marked 
"erase"  and  shall  also  draw  a  line  in  ink  under  his  name,  which  memo- 
randum, in  case  of  any  registration,  shall  indicate  that  the  name  of  such 
person  is  erased  from  the  register,  and  such  person  shall  not  be  entitled 
to  vote  unless  his  name  be  restored  as  hereinafter  provided.  At  the 
close  of  said  session,  if  any  person  so  notified  to  appear  at  such  session 
has  not  appeared  and  shown  cause  why  his  name  should  not  be  erased 
from  such  register,  the  same  shall  be  erased  in  the  manner  aforesaid. 
In  cities  in  which  such  hearing  and  revision  shall  be  before  the  board  of 
registrjr,  any  person  who  has  appeared  at  the  session  of  the  board  of 
registry,  and  whose  name  has  been  so  erased,  may  make  application,  in 
writing,  under  oath,  to  the  election  commissioners,  upon  the  Tuesday  and 
"Wednesday  following  such  revision,  between  the  hours  of  nine  o'clock 


ELECTIONS.  Tyl-', 


a.  m.  and  six  o'clock  p.  m.,  to  be  restored  to  such  register.  Either  of 
said  clerks  shall  have  the  power  and  right  of  both  in  the  matter  pertain- 
ing to  such  canvass ;  but  in  case  either  refuses  or  neglects  to  go  and  make 
such  canvass,  as  aforesaid,  then  the  other  may  make  such  canvass  alone. 
But  a  clerk  who  wilfully  neglects  to  perform  his  duty  in  making  such 
canvass,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  imprisoned  in  the  county  jail  not  exceeding  sixty  days  nor  less 
than  thirty  days  and  shall  also  be  deemed  guilty  of  a  contempt  of  court, 
and  be  punished  accordingly  as  an  officer  of  said  County  Court.  In  case 
of  temporary  disability  on  the  part  of  either  canvasser  or  clerk,  the 
judge  who  belongs  to  the  same  party  may  appoint  a  temporary  clerk  or 
canvasser,  who  shall  belong  to  the  same  party,  and  administer  to  him 
the  usual  oath  of  office,  and  he  shall  perform  all  the  duties  of  the  office 
until  the  disability  of  the  regular  clerk  or  canvasser  is  removed.  The 
"verification  lists"  aforesaid  after  the  final  revision,  if  such  revision  is 
by  the  board  of  registry,  shall  be  at  once  returned  by  said  board  to  the 
board  of  election  commissioners. 

§  10.  At  the  end  of  the  last  session  above  provided  for,  the  said 
board  of  registry  and  said  clerks  shall  compare  and  correct  the  registers 
aforesaid  and  make  them  correspond  and  agree;  and  said  judges  shall 
then,  immediately  following  the  last  name  on  each  page  of  the  register, 
sign  their  names  so  that  no  other  names  can  be  added  without  discovery, 
and  shall  add  the  certificate  as  provided  at  former  sessions.  And  there- 
upon, and  during  the  forenoon  of  the  next  day,  said  judges  shall  return 
the  two  registers  to  the  possession  of  the  board  of  election  commissioners ; 
and  thereupon,  the  said  board  of  commissioners  shall  at  once  cause 
copies  to  be  made  of  such  registers  of  all  names  upon  the  same  with  the 
address,  not  marked  erased,  and  shall  have  the  same  arranged  according 
to  the  streets,  avenues,  courts  or  alleys,  commencing  with  the  lowest 
number,  and  arranging  the  same  in  order  according  to  the  street  num- 
bers, and  shall  then  cause  such  precinct  register,  under  such  arrange- 
ment, to  be  printed  in  plain,  large  type  in  sufficient  numbers  to  meet 
all  demands,  and  upon  application  a  copy  of  the  same  shall  be  given 
to  any  person  in  such  precinct. 

§  13.  The  County  Court  of  the  county  in  which  such  city,  village 
or  incorporated  town  shall  be  located,  shall,  on  Friday  and  Saturday  of 
the  week  prior  to  the  week  in  which  such  election  is  to  be  held,  especially 
sit  to  hear  such  applications  as  shall  be  made  to  it  to  be  placed  upon 
the  register  in  any  particular  precinct.  Such  applications  shall  be  sworn 
to,  and  shall  state  that  the  party  making  the  same  has  applied  to  the 
board  of  registry  of  the  precinct,  or  to  the  board  of  election  commis- 
sioners, as  the  case  may  be,  and  that  one  or  both  boards  refused  to  place 
him  upon  such  registry,  or  has  stricken  his  name  from  such  registry,  as 
the  case  may  be.  Application  shall  be  made  on  or  before  the  opening 
of  the  court  on  the  Friday  last  aforesaid,  and  the  court  shall  cause  a 
docket  of  such  applications  to  be  made  out,  arranged  by  wards  and 
precincts,  and  the  same  shall  be  heard  summarily  and  evidence  may  be 
introduced  for  and  against  such  applications.  Each  case  shall  be  de- 
cided at  once  on  hearing,  and  the  clerk  of  the  court  shall  make  a  minute 


524  '  ELECTIONS 


of  the  disposition  of  each  application;  a  copy  of  such  minute  shall  at 
once  be  given  to  said  commissioners,  who  shall  forthwith  cause  such 
names  to  be  placed  upon  the  appropriate  register,  and  indicate  that  it 
was  entered  by  order  of  court.  After  the  entry  of  the  applications,  so 
allowed  by  said  court,  no  further  change  shall  be  permitted,  and  the 
appropriate  stamp  prepared  shall  be  affixed  to  the  end  of  each  page  of 
names  in  each  precinct  registered  by  said  board  of  commissioners.  Said 
books  of  registry  so  prepared  shall,  on  the  day  prior  to  the  election,  be 
delivered  to  the  judges  of  election,  one  only,  however,  to  be  delivered 
to  the  judge  or  judges  representing  the  same  political  party.  No  person 
admitted  to  the  registry  by  order  of  such  court  or  such  board  shall  be 
protected  by  such  order  in  case  he  should  be  indicted  for  false  registra- 
tion or  false  voting. 

§  26.  On  the  next  day  after  election  day  said  registers  shall  be 
returned  to  the  board  of  election  commissioners,  and  in  case  any  register 
of  any  precinct  shall  be  lost  or  mutilafed,  said  board  of  election  commis- 
sioners shall  cause  a  true  copy  to  be  made  from  the  other  register.  This 
section  is  made  applicable,  and  it  shall  be  the  duty  of  the  judges  of 
election  to  observe  it,  after  each  and  every  election. 

§  32.  All  affidavits  left  with  the  judges  of  election  at  any  registra- 
tion, revision  of  registration  or  election  shall  be  immediately  returned 
to  the  office  of  the  election  commissioners.  Said  affidavits,  before  being 
so  returned,  must  be  enclosed  in  an  envelope  provided  for  that  purpose, 
which  shall  then  be  securely  sealed  with  sealing  wax  or  other  adhesive 
material  and  each  of  the  judges  shall  write  his  name  across  the  seal. 
Said  judges  of  election  of  any  precinct  shall,  on  the  day  preceding  any 
registration  or  election,  and  upon  the  clay  of  any  revision,  call  at  the 
office  of  said  commissioners  and  receive  the  registers  of  such  precinct, 
said  registers  being  enclosed  in  an  envelope  and  sealed  with  a  stamp  of 
the  chief  clerk  of  the  election  commissioner's  office.  Such  envelope  shall 
not  be  opened  by  the  judges  of  election  until  the  beginning  of  the 
session  of  registration,  revision  or  election  at  which  the  registers  are  to 
be  used,  and  shall  only  be  opened  when  all  of  the  judges  are  present. 
Immediately  at  the  close  of  any  registration,  revision  or  election,  the 
said  registers  shall  be  enclosed  in  an  envelope  provided  for  that  purpose 
and  securely  sealed  with  sealing  wax  or  other  adhesive  material,  and 
each  of  the  judges  and  each  of  the  election  clerks  shall  write  his  name 
across  every  fold  at  which  the  envelope,  if  unfastened,  could  be  opened. 
Thereupon  said  judges  shall  take  such  registers  so  enclosed  and  sealed 
and  the  affidavits  and,  within  the  time  specified  in  this  Act,  shall  deliver 
said  envelope  with  registers  enclosed  to  the  board  of  election  commis- 
sioners, with  the  seal  unbroken,  and  receive  a  receipt  therefor.  There 
shall  be  endorsed  upon  the  back  of  such  envelope  the  number  of  the 
precinct  and  ward  of  the  enclosed  registers  and  the  signature  of  the 
judge  who  delivered  the  same  to  the  election  commissioners.  If  any 
judge  of  election  shall  break  the  seal  of  or  open  any  envelope  containing 
affidavits  or  registers  or  shall  permit  any  person  to  open  any  such 
envelope  or  break  the  seal  thereof  while  the  same  is  in  his  custody,  he 
shall  be  deemed  guiltv  of  a  misdemeanor,  and  upon  conviction,  shall  be 


ELECTIONS.  525 


imprisoned  in  the  county  jail  not  less  than  three  (3)  months  nor  more 
than  twelve  (12)  months. 

§  2.  Section  30  of  Article  III  of  an  Act  entitled :  "An  Act  regu- 
lating 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,  is  repealed. 

Appkoved  June  28,  1919. 

REGISTRATION — WHO  MAY  VOTE   WITHOUT. 

§    1.     Amends     section     22     of     Election        §   2.     Emergency. 
Law. 

§22.  Provides  voters  in 
service  may  vote  in 
person  without  regis- 
tration —  form  of 
affidavit. 

(Senate  Bill  No.   32.     Approved  March   26,   1919.) 

An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  fov  the  printing 

and  distribution  of  ballots  at  public  exepense  and  .for  the  nomination 

of  candidates  for  public  offices,  to  regulate  the  manner  of  holding 

elections  and  to  enforce  the  secrecy  of  the  ballot,"  approved  June  22, 

1891,  and  in  force  July  1,  1891,  as  amended  by  subsequent  Acts. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly.     That  section  twenty-two    (22) 

of  an  Act  entitled  "An  Act  to  provide  for  the  printing  and  distribution 

of  ballots  at  public  expense  and  for  the  nomination  of  candidates  for 

public  offices,  to  regulate  the  manner  of  holding  elections  and  to  enforce 

the  secrecy  of  the  ballot,"  approved  June  22,  1891,  and  in  force  July  1, 

1891,  as  amended  by  subsequent  Acts,  be  and  the  same  is  hereby  amended 

so  as  to  read  as  follows : 

§  22.  Any  person  desiring  to  vote  shall  give  his  name  and,  if 
required  to  do  so,  his  residence  to  the  judges  of  election,  one  of  whom 
shall  thereupon  announce  the  same  in  a  loud  and  distinct  tone  of  voice, 
clear,  and  audible;  and  if  such  name  is  found  on  the  register  of  voters 
by  the  officer  having  charge  thereof,  he  shall  likewise  repeat  said  name, 
and  the  voter  shall  be  allowed  to  enter  the  space  enclosed  by  the  guard 
rail,  as  above  provided.  One  of  the  judges  shall  give  the  voter  one, 
and  only  one  ballot,  on  the  back  of  which  such  judge  shall  indorse  his 
initials  in  such  manner  that  they  may  be  seen  when  the  ballot  is  properly 
folded,  and  the  voter's  name  shall  be  immediately  checked  on  the  register 
list.  At  all  elections,  when  a  registry  may  be  required,  if  the  name  of 
any  person  so  desiring  to  vote  at  such  election  is  not  found  on  the 
register  of  voters,  he  shall  not  receive  a  ballot  until  he  shall  have  com- 
plied with  the  law  prescribing  the  manner  and  conditions  of  voting  by 
unregistered  voters.  If  any  person  desiring  to  vote  at  any  election  shall 
be  challenged,  he  shall  not  receive  a  ballot  until  he  shall  have  established 
his  right  to  vote  in  the  manner  provided  by  law;  and  if  he  shall  be 
challenged  after  he  has  received  his  ballot,  he  shall  not  be  permitted  to 
vote  until  he  has  fully  complied  with  such  requirements  of  the  law 
upon  being  challenged.  Besides  the  election  officer,  not  more  than  two 
voters  in  excess  of  the  whole  number  of  voting  booths  provided  shall  be 
allowed  in  said  enclosed  space  at  one  time.     The  provisions  of  this  Act, 


526  ELECTIONS. 


so  far  as  they  require  the  registration  of  voters  as  a  condition  to  their 
being  allowed  to  vote  shall  not  apply  to  persons  otherwise  entitled  to 
vote,  who  are,  at  the  time  of  the  election,  or  at  any  time  within  thirty 
days  prior  to  such  election,  have  been  engaged  in  the  military  or  naval 
service  of  the  United  States,  and  who  shall  produce  to  the  judges  of 
election  satisfactory  evidence  thereof,  but  such  persons,  if  otherwise 
qualified  to  vote,  shall  be  permitted  to  vote  at  such  election  without 
previous  registration,  but  shall  not  be  permitted  to  vote  without  such 
registration  at  any  election  held  after  the  expiration  of  the  period  of 
sixty  days  next  succeeding  the  completion  of  the  demobilization  of  the 
National  Army  of  the  United  States,  or  at  any  election  subsequent  to  the 
first  day  of  registration  occurring  not  less  than  thirty  days  after  such 
persons  have  been  discharged  or  released  from  the  military  or  naval 
service  oi  the  United  States. 

"All  such  persons  shall  also  make  an  affidavit  which  shall  be  in  sub- 
stantially the  following  form : 
State  of  Illinois  ] 

j-ss.  • 

County  of J 

Precinct  Ward 

I,  ,  do  solemnly  swear  (or  affirm),  that 

I  am  a  citizen  of  the  United  States,  of  the  age  of  twenty-one  years  or 
over,  and  that  within  the  past  thirty  days  prior  to  the  date  of  this  elec- 
tion  at   which   I   am   applying  to   vote,   I   have   been   engaged   in  the 

(military  or  naval)  service  of  the  United  States;  and 

I  am  qualified  to  vote  under  and  by  virtue  of  the  Constitution  and  laws 
of  the  State  of  Illinois,  and  that  I  am  >a  legally  qualified  voter  of  this 
precinct  and  ward  except  that  I  have,  because  of   such  service,  been 

unable  to  register  as  a  voter ;  that  I  now  reside  at 

(insert  street  and  number,  if  any)  in  this  precinct  and  ward;  that  I 
have  maintained  a  legal  residence  in  this  precinct  and  ward  for  thirty 
days,  in  this  county  ninety  days,  and  in  this  State  one  year  next  pre- 
ceding this  election. 


Subscribed  and  sworn  to  before  me  this day 

of ,  A.  D.  1919. 


Judge  of  Election. 
The  affidavit  of  any  such  person  shall  be  supported  by  the  affidavit 
of  a  resident  and  qualified  voter  of  any  such  precinct  and  ward,  which 
affidavit  shall  be  in  substantially  the  following  form : 
State  of  Illinois  ] 

j-ss. 

County  of J 

Precinct  Ward 

I, ,  do  solemnly  swear  (or  affirm),  that 

I  am  a  resident  of  this  precinct  and  ward  and  entitled  to  vote  at  this 

election ;  that  I  am  acquainted  with (name 

of  the  applicant)  ;  that  I  verily  believe  him  to  be  an  actual  bona  fide 


ELECTIONS.  527 


resident  of  this  precinct  and  ward  and  that  I  verily  believe  that  he  has 
maintained  a  legal  residence  therein  thirty  days,  and  in  this  county 
ninety  days,  and  in  this  State  one  year  next  preceding  this  election. 


Subscribed  and  sworn  to  before  me  this day 

of A.  D.  1919. 


Judge  of  Election." 

All  affidavits  made  under  the  provisions  of  this  section  shall  be 
enclosed  in  a  separate  envelope  securely  sealed,  and  shall  be  transmitted 
with  the  returns  of  the  elections  to  the  county  clerk  or  to  the  board  of 
election  commissioners,  who  shall  preserve  the  said  affidavits  for  the 
period  of  six  months,  during  which  period  such  affidavits  shall  be  deemed 
public  records  and  shall  be  freely  open  to  examination  as  such. 

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

Approved  March  26,  1919. 


SCHOOLS. 

§   1.     Board    of    education    to    establish        §   3.     Notice  to  be  given   or  posted. 

polling  place. 

§   4.     Emergency. 
§   2.     Board   of  education   to   appoint   at 

least    one    judge    and    one    clerk 

for  each  polling  place. 

(Senate  Bill  No.  49.     Approved  Mat  21,  1919.) 

An  Act  to  regulate  the  manner  of  holding  elections  in  school  districts 

having  hoards  of  education  a<rhd  operating  under  special  charters. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  In  all  elections  in  any  school 
district  having  a  board  of  education  elected  by  the  people  o.f  the  said 
district  and  operating  under  a  special  charter,  it  shall  be  the  duty  of 
the  board  of  education  to  establish  a  polling  place,  or  polling  places,  at 
such  school  building  or  school  buildings,  in  such  district  as  will  in  its 
judgment  accommodate  the  voters  o.f  such  district,  provided  that  in  such 
districts  having  10  or  more  school  buildings  used  as  school  houses, 
there  shall  be  not  less  than  5  polling  places  established. 

§  2.  It  shall  be  the  duty  of  the  board  of  education  in  any  such 
district  to  appoint  for  any  election  therein,  at  least  one  election  judge 
and  one  election  clerk  for  each  polling  place.  So  far  as  possible,  at 
least  one  member  of  such  board  of  education  shall  be  assigned  to  each 
polling  place. 

§  3.  Notice  of  any  election  in  any  such  district  shall  be  given 
o.r  posted  in  the  manner  provided  by  law  for  the  giving  or  posting  of 
notices  of  election  in  such  district. 

§  4.  Because  of  an  emergency,  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

Approved   May   21,   1919. 


528  EMBALMERS. 


EMBALMEBS. 


REGULATION  OF  PRACTICE — REVISION. 

§      1.     Unlawful      to      practice      without        §  9.     Renewal, 
license. 

§  10.     When  certificate  may  be  refused, 

§      2.     What   constitutes — registered   ap-  revoked,    etc. 
prentice    may   assist. 

§11.     Requirements     of    embalmer     of 

§      3.     Exceptions.  another  state. 

§      4.     Who    qualified   to    receive    certifi-        §  12.     Fees. 

cate. 

'%         §  13.     Department    of   Registration   and 

§      5.     Application    to    be    made    to    De-  Education   to   adopt   rules. 

partment    of    Registration    and 

Education.                                                 §  14.     What     constitutes     misdemeanor 


6.     To  hold  examinations. 


-penalty. 


§   15.     Department    of   Registration   and 
7.     Certificate    of    registration    to    be  Education   to   keep   record. 


issued. 


§   16.     Repeal. 


§      8.     Certificate     to     be     displayed     in 

conspicuous    place.  §   17.     To    be    known    as    "The    Illinois 

Embalming   Act." 

(Senate  Bill  No.   2  65.     Approved  June  2  4,   1919.) 

An  Act  to  revise  the  law  in  relation  to  the  regulation  of  the  practice  of 

embalming. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  It  is  unlawful  for  any  person  to 
practice,  or  to  attempt  to  practice,  embalming  without  a  certificate  of 
registration  as  a  registered  embalmer,  issued  by  the  Department  of 
Eegistration  and  Education,  pursuant  to  the  provisions  of  "An  Act  in 
relation  to  the  civil  administration  of  the  State  government,  and  to 
repeal  certain  Acts  therein  named,"  approved  March  7,  1917,  in  force 
July  1,  1917. 

After  the  first  day  of  July,  1920,  it  shall,  also,  be  unlawful  for  any 
person  to  serve,  or  to  attempt  to  serve,  as  an  apprentice  under  a  regis- 
tered embalmer  without  a  certificate  of  registration  as  a  registered 
apprentice,  issued  by  the  Department  of  Eegistration  and  Education, 
pursuant  to  the  provisions. of  "An  Act  in  relation  to  the  civil  administra- 
tion of  the  State  government,  and  to  repeal  certain  Acts  therein  named/' 
approved  March  7,  1917,  in  force  July  1,  1917. 

§  2.  Either  the  embalming  of  dead  human  bodies  or  the  prepara- 
tion for  transportation  of  human  bodies  dead  of  a  contagious  or  in- 
fectious disease,  constitutes  the  practice  of  embalming. 

jSTo  registered  apprentice  may  independently  practice  embalming. 
A  registered  apprentice  may,  however,  under  the  immediate  personal 
supervision  of  a  registered  embalmer,  assist  a  registered  embalmer  in 
the  practice  of  embalming. 

§  3.  This  Act  shall  not  apply  to  undertakers  or  others  conducting 
funerals  or  burying  dead  human  bodies,  who  neither  practice  nor  attempt 
to  practice  embalming. 

§  4.  A  person  is  qualified  to  receive  a  certificate  of  registration  as 
a  registered  embalmer: 

(a)     Who  is  at  least  twenty-one  years  of  age; 


EMBALMERS.  529 


(b)  Who  is  of  good  moral  character  and  temperate  habits; 

(c)  Who  has  graduated  from  the  eighth  grade  of  a  common  school, 
approved  by  the  Department  of  Registration  and  Education;  or  who 
has  completed  an  equivalent  course  of  study,  as  determined  by  an  ex- 
amination conducted  by  the  Department  of  Eegistration  and  Education; 

(d)  Who  has  graduated  from  a  school  oi  embalming  which  re- 
quires as  a  prerequisite  to  graduation  the  completion  of  a  course  of 
study  of  at  least  six  months'  duration,  approved  by  the  Department  of 
Eegistration  and  Education; 

(e)  Who  has  studied  embalming  in  this  State  under  a  registered 
embalmer  for  at  least  one  year.  However,  no  credit  shall  be  given  for 
the  study  of  embalming  in  this  State  under  a  registered  embalmer  after 
the  first  day  of  July  1920,  unless  the  applicant,  during  the  period  of 
study  was  a  registered  apprentice.  The  time  spent  in  the  study  of 
embalming  under  an  embalmer,  registered  or  licensed  under  the  laws 
of  another  state  or  territory  of  the  United  States  or  of  a  foreign  country 
or  province,  may  be  credited  on  the  period  of  study  required  by  the 
provisions  of  this  paragraph;  and 

(f)  Who  has  passed  an  examination  conducted  by  the  Depart- 
ment of  Registration  and  Education  to  determine  his  fitness  to  receive 
a  certificate  of  registration  as  a  registered  embalmer. 

A  person  is  qualified  to  receive  a  certificate  of  registration  as  a 
registered  apprentice: 

(a)  Who  is  at  least  eighteen  years  of  age; 

(b)  Who  is  of  good  moral  character  and  temperate  habits; 

(c)  Who  has  graduated  from  the  eighth  grade  of  a  common 
school,  approved  by  the  Department  of  Eegistration  and  Education,  or 
who  has  completed  an  equivalent  course  of  study,  as  determined  by  an 
examination  conducted  by  the  Department  of  Registration  and  Educa- 
tion; and 

(d)  Who  has  entered  upon  the  study  of  embalming  under  a  regis- 
tered embalmer,  or  who  has  indicated  his  intention  of  doing  so. 

§  5.  Every  person  who  desires  to  obtain  a  certificate  of  registra- 
tion shall  apply  therefor  to  the  Department  of  Eegistration  and  Educa- 
tion, in  writing,  upon  blanks  prepared  and  furnished  by  the  Department 
of  Eegistration  and  Education.  Each  application  shall  contain  proof 
of  the  particular  qualifications  required  of  the  applicant,  shall  be  veri- 
fied by  the  applicant  under  oath,  and  shall  be  accompanied  by  the 
required  fee. 

§  6.  The  Department  of  Eegistration  and  Education  shall -hold 
examinations  of  applicants  for  certificates  of  registration  as  registered 
embalmers  at  such  times  and  places  as  it  may  determine. 

The  examination  of  applicants  for  certificates  of  registration  as 
registered  embalmers  may  include  both  practical  demonstrations  and 
written  and  oral  tests,  and  shall  embrace  the  subjects  of  anatomy,  sani- 
tary science,  and  the  care,  preservation,  embalming,  transportation  and 
burial  of  dead  human  bodies.  The  Department  of  Eegistration  and 
Education  may,  by  rule,  prescribe  additional  subjects  for  examination. 

—34  L 


530  EMBALMERS. 


§  7.  Whenever  the  provisions  of  this  Act  have  been  complied  with, 
the  Department  of  Eegistration  and  Education  shall  issue  a  certificate 
of  registration  as  a  registered  embalmer,  or  a  certificate  of  registration 
as  a  registered  apprentice,  as  the  case  may  be.  Any  license  or  certifi- 
cate of  registration  heretofore  issued  under  the  laws  of  this  State, 
authorizing  its  holder  to  practice  embalming,  shall,  during  the  unexpired 
period  for  which  it  was  issued,  serve  the  same  purpose  as  the  certificate 
of  registration  as  a  registered  embalmer,  provided  for  by  this  Act. 

§  8.  Every  holder  of  a  certificate  of  registration  shall  display  it  in 
a  conspicuous  place  in  his  principal  office,  place  of  business  or  employ- 
ment. 

§  9.  Every  registered  embalmer  and  every  registered  apprentice 
who  continues  in  active  practice  or  service,  shall,  annually,  on  or  before 
the  first  day  of  January,  renew  his  certificate  of  registration  and  pay 
the  required  renewal  fee.  Every  certificate  of  registration  which  has 
not  been  renewed  during  the  month  of  January  in  any  year  shall  expire 
on  the  first  day  of  February  in  that  year.  A  registered  embalmer  or  a 
registered  apprentice  whose  certificate  of  registration  has  expired  may 
have  his  certificate  of  registration  restored  only  upon  payment  of  the 
required  restoration  fee. 

Any  registered  embalmer  who  retires  from  the  practice  of  embalm- 
ing for  not  more  than  five  years  may  renew  his  certificate  of  registration 
upon  payment  of  all  lapsed  renewal  fees.  However,  if  any  registered 
embalmer  who  has  retired  from  the  practice  of  embalming  for  more 
than  five  years,  has  been  practicing  embalming  under  the  laws  of  an- 
other state  or  territory  of  the  United  States  or  of  a  foreign  country  or 
province,  he  may  renew  his  certificate  of  registration  upon  the  pavment 
of  ten  dollars  ($10.00). 

§  10.  The  Department  of  Eegistration  and  Education  may  either 
refuse  to  issue,  or  may  refuse  to  renew,  or  may  suspend,  or  may  revoke 
any  certificate  of  registration  for  any  one,  or  any  combination,  of  the 
following  causes : 

(a)  Conviction  of  a  felony,  as  shown  by  a  certified  copy  of  the 
record  of  the  court  of  conviction; 

(b)  The  obtaining  of  or  an  attempt  to  obtain,  a  certificate  of 
registration,  or  practice  in  the  profession,  or  money,  or  any  other  thing 
of  value,  by  fraudulent  representation; 

(c)  Continued  practice  by  a  person  knowingly  having  an  in- 
fectious or  contagious  disease; 

(d)  Habitual  drunkenness,  or  habitual  addiction  to  the  use  of 
morphine,  cocaine  or  other  habit-forming  drugs.- 

The  Department  of  Eegistration  and  Education  may  neither  refuse 
to  issue,  nor  refuse  to  renew,  nor  suspend,  nor  revoke,  any  certificate  of 
registration,  however,  for  any  of  these  causes,  unless  the  person  accused 
has  been  given  at  least  twenty  days'  notice,  in  writing,  of  the  charge 
against  him  and  a  public  hearing  by  the  Department  of  Eegistration  and 
Education. 

Upon  the  hearing  of  any  such  proceeding,  the  Director  of  Eegistra- 
tion and  Education,  the  Assistant  Director  of  Eegistration  and  Educa- 


EMBALMERS.  531 


tion  and  the  Superintendent  of  Eegistration  may  administer  oaths  and 
the  Department  of  Eegistration  and  Education  may  procure,  by  its 
subpoena,  the  attendance  of  witnesses  and  the  production  of  relevant 
books  and  papers. 

Any  Circuit  Court  or  any  judge  of  a  Circuit  Court,  either  in  term 
time  or  in  vacation,  upon  application  cither  of  the  accused  or  of  the 
Department  of  Eegistration  and  Education,  may,  by  order  duly  entered, 
require  the  attendance  of  witnesses  and  the  production  of  relevant  books 
and  papers  before  the  Department  of  Eegistration  and  Education  in 
any  hearing  relating  to  the  refusal,  suspension  or  revocation  of  certifi- 
cates of  registration.  Upon  refusal  or  neglect  to  obey  the  order  of  the 
court  or  judge,  the  court  or  judge  may  compel,  by  proceedings  for 
contempt  of  court,  obedience  of  its  or  his  order. 

§  11.  Upon  payment  of  the  required  fee,  an  applicant  who  is  an 
embalmer,  registered  or  licensed  under  the  laws  of  another  state  or 
territory  of  the  United  States  or  of  a  foreign  country  or  province,,  may, 
without  examination,  be  granted  a  certificate  of  registration  as  a  regis- 
tered embalmer  by  the  Department  of  Eegistration  and  Education,  in 
its  discretion,  upon  the  following  conditions : 

(a)  That  the  applicant  is  at  least  twenty-one  years  of  age,  of 
good  moral  character  and  temperate  habits ;  and 

(b)  That  the  requirements  for  the  registration  of  licensing  of 
embalmers  in  the  particular  state,  territory,  country  or  province,  were, 
at  the  date  of  the  license,  substantially  equal  to  the  requirements  then 
in  force  in  this  State. 

§  12.  The  fee  to  be  paid  by  an  applicant  for  an  examination  to 
determine  his  fitness  to  receive  a  certificate  of  registration  as  a  regis- 
tered embalmer  is  five  dollars  ($5.00). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
as  a  registered  apprentice  is  one  dollar  ($1.00). 

The  fee  to  be  paid  by  an  applicant  for  an  examination  to  determine 
his  preliminary  education  is  two  dollars  ($2.00). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
as  a  registered  embalmer  who  is  an  embalmer,  registered  or  licensed 
under  the  laws  of  another  state  or  territory  of  the  United  States  or  of 
a  foreign  country  or  province  is  ten  dollars  ($10.00). 

The  fee  to  be  paid  upon  the  renewal  of  a  certificate  of  registration 
is  one  dollar  ($1.00). 

The  fee  to  be  paid  for  the  restoration  of  an  expired  certificate  of 
registration  is  two  dollars  ($2.00). 

§  13.  The  Department  of  Eegistration  and  Education  may  adopt 
reasonable  rules  and  regulations  relating  to  the  enforcement  of  the 
provisions  of  this  Act. 

§  14.  Each  of  the  following  Acts  constitutes  a  misdemeanor,  pun- 
ishable, upon  conviction,  by  a  fine  of  not  less  than  twenty-five  dollars 
($25.00),  nor  more  than  two  hundred  dollars   ($200.00)  : 

(a)  The  practice  of  embalming  or  an  attempt  to  practice  embalm- 
ing, without  a  certificate  of  registration  as  a  registered  embalmer; 


532  EMPLOYMENT. 


(b)  Service  as  an  apprentice  under  a  registered  embalmer  or  an 
attempt  to  serve  as  an  apprentice  under  a  registered  embalmer  without 
a  certificate  of  registration  as  an  apprentice; 

(c)  Permitting  any  person  in  one's  employ,  supervision  or  con- 
trol, to  practice  embalming,  unless  that  person  has  a  certificate  of 
registration  as  a  registered  embalmer; 

(d)  Permitting  any  person  in  one's  employ,  supervision  or  con- 
trol, to  serve  as  an  apprentice  under  a  registered  embalmer  unless  that 
person  has  a  certificate  of  registration  as  a  registered  apprentice; 

(e)  The  obtaining  of,  or  an  attempt  to  obtain,  a  certificate  of 
registration,  or  practice  in  the  profession,  or  money,  or  any  other  thing 
of  value,  by  fraudulent  representation; 

(f )  The  making  of  any  wilfully  false  oath  or  affirmation  whenever 
an  oath  or  affirmation  is  required  by  this  Act; 

(g)  The  violation  of  the  provisions  of  section  8  of  this  Act. 

All  fines  and  penalties  shall  inure  to  the  Department  of  Kegistra- 
tion  and  Education. 

§  15.  The  Department  of  Eegistration  and  Education  shall  keep 
a  record,  which  shall  be  open  to  public  inspection  at  all  reasonable  times, 
of  its  proceedings  relating  to  the  issuance,  refusal,  renewal,  suspension 
and  revocation  of  certificates  of  registration.  This  record  shall,  also, 
contain  the  name,  known  place  of  business  and  residence,  and  the  date 
and  number  of  the  certificate  of  registration  of  every  registered  .em- 
balmer and  registered  apprentice  in  this  State. 

§  16.  "An  Act  providing  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,"  approved  May  13,  1905,  in  force  July  1,  1905,  as 
amended,  is  repealed. 

§  17.  This  Act  may  be  known  and  cited  as  "The  Illinois  Em- 
balming Act". 

Approved  June  24,  1919. 


EMPLOYMENT. 

EMPOYMENT  OFFICES  AND  AGENCIES. 

§   1.     Amends  section  1,  Act  of  1903.  §    1.     Creation  of  offices  in  cer- 

tain   cities  —  purpose  — 
name. 

(House  Bill  No.    25.     Approved  June   11,   1919.) 

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, 
as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Ilinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled : 
"An  Act  relating  to  employment  offices  and  agencies,"  approved  and  in 
force  May  11,  1903,  as  amended,  is  hereby  amended  to  read  as  follows: 


EMPLOYMENT. 


533 


§  1.  That  free  employment  offices  are  hereby  created  as  follows: 
One  in  each  city  of  not  less  than  fifty  thousand  population ;  one  in  two  or 
more  contiguous  cities  or  towns  having  an  aggregate  or  combined 
population  of  not  less  than  fifty  thousand  population,  and  in  each  city 
containing  a  population  of  one  million  or  over,  one  central  office  with 
as  many  departments  as  would  be  practical  to  handle  the  various  classes 
of  labor  and  such  branch  offices  not  to  exceed  four  at  any  one  time, 
the  location  of  branch  offices  to  be  approved  by  the  Governor,  for  the 
purpose  of  receiving  applications  of  persons  seeking  employment  and 
applications  of  persons  seeking  to  employ  labor.  Such  offices  shall  be 
designated  and  known  as  Illinois  Free  Employment  Offices. 

Approved  June  If,  1919. 


REHABILITATION  IN  INDUSTRY  OF  DISCHARGED  SAILORS  AND  SOLDIERS. 

§    1.     Employer    to    file    statement    with        §   4.     Penalty  for  failing  to  furnish  in- 
Director   of  Labor.  formation. 

§   2.     Director    of    Labor    to    investigate        §    5.     Emergency, 
re-employment. 

§   3.      Department    of    Labor    to    enforce 
Act. 

(Senate  Bill  No.   121.     Approved  June  21,   1919.) 

An  Act  to  authorize  the  Director  of  Labor  to  secure  information  for 
statistical  purposes  and  to  promote  the  rehabilitation  in  industry  of 
discharged  sailors  and  soldiers. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  every  employer  of  labor, 
employing  five  or  more  employees  shall  annually  between  the  1st  day 
of  January,  and  the  15th  day  thereof,  or,  upon  the  request  of  the  Direc- 
tor of  Labor  in  case  of  an  emergency,  or  where  employment  is  in  an 
occupation  seasonal  in  character,  file  with  the  Director  of  Labor  a 
statement  on  a  blank  to  be  furnished  by  the  Department  of  Labor, 
which  statement  shall  set  forth  facts  substantially,  as  follows : 

1.  Name  of   employer 

2.  Nature  of  business 

3.  Is  ownership  individual,  corporate  or  partnership? 

4.  Name  of  manager  or  acting  executive  officer 

5.  Address 

6.  Furnish  the  following  data: 


Over  16  Yrs.  Under  16  Yrs. 

Male.  Female-Male.  Female-Total 


Usual  No.   employees 

Usual  No.  hrs.  employment  per  day.. 
Usual  No.  hrs.  employment  per  week. 


" 


534  EMPLOYMENT. 


7.  No.  of  employees  who  left  your  employment  to  enter  naval 
or  military  service  of  the  U.  S.,  between  April  25,  1917  and  November 
12,   1918 

8.  No  of  such  former  employees  who  have  been  re-employed 

§  2.     The   Director   of   Labor   is   hereby   authorized   and   directed 

to  investigate  the  matter  of  re-employment  of  soldiers  and  sailors  hon- 
orably discharged  from  the  military  or  naval  service  of  the  United 
States,  in  order  to  bring  about  and  to  promote  their  speedy  restora- 
tion to  the  industrial  status  formerly  occupied  by  them.  To  that  end 
he  shall  make  use  of  all  available  information  disclosed  by  records  and 
statistics  of  his  office,  and  he  shall  wherever  and  whenever  possible  and 
practicable  advise  with,  and  mediate  between,  employers  and  such  dis- 
charged soldiers  and  sailors  and  he  shall  co-operate  with  patriotic  organ- 
izations in  efforts  to  bring  about  a  prompt  rehabilitation  in  industry  of 
such  discharged  soldiers  and  sailors ;  he  shall  from  time  to  time  make  such 
recommendations  to  employers  as  shall  be  deemed  fit  and  reasonable 
in  order  to  advance  and  promote  such  replacements  in  industry  as 
shall  be  most  advantageous  to  soldiers  and  sailors  discharged  from  naval 
or  military  service  of  the  United  States. 

§  3.  It  shall  be  the  duty  of  the  State  Department  of  Labor  to 
enforce  the  provisions  of  this  Act  and  to  classify  the  information  there- 
by received,  for  statistical  purposes  and  for  such  other  purposes  as  are 
authorized  by  this  Act :  Provided  that  in  no  case  shall  the  statistics 
be  so  arranged,  or  information  so  used  as  to  reveal  the  affairs  of  any 
single  employer. 

§  4.  Any  employer  failing  or  refusing  to  furnish  the  information 
as  provided  herein  shall  be  deemed  guilty  of  a  misdemeanor  and  shall, 
upon  conviction,  be  fined  a  sum  not  less  than  $5.00  nor  more  than 
$25.00. 

§.5.  This  Act  shall  become  effective  upon  its  passage  and  ap~ 
proval. 

Approved  June  21,  1919. 


REHABILITATION    OP    PHYSICALLY    HANDICAPPED    PERSONS. 

§    1.     Definition.  §   3.     Shall  employ  such  persons  as  may 

be  necessary. 

§    2.     Duties  and  powers  of  Department 

of    Public    Welfare.  §    4.     To    promulgate    rules   and    regula- 

tions. 

(Senate  Bill  No.  449.     Approved  June  28,  1919.) 

An  Act  in  relation   to  the  rehabilitation  of  physically  handicapped 

persons. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  It  shall  be  the  duty  of  the  De- 
partment of  Public  Welfare  to  direct,  as  hereinafter  provided,  the  re- 
habilitation of  every  physically  handicapped  person,  sixteen  (16)  years 
of  age  or  over,  residing  in  the  State  of  Illinois. 

"A  physical  handicapped  person"  shall  mean  any  person  who,  by 
reason  of  a  physical  defect  or  infirmity,  whether  congential  or  acquired 
by  accident,  injury  or  disease,  is,  or  may  be  expected  to  be,  incapitated 
for  remunerative  occupation. 


EMPLOYMENT.  535 


"Rehabilitation"  shall  mean  the  rendering  of  a  person  physically 
handicapped,  fit  to  engage  in  a  remunerative  occupation. 

"Person  residing  in  the  State  of  Illinois"  shall  mean  any  person 
who  is  and  has  been  domiciled  within  the  State  for  one  year  or  more. 

This  Act,  however,  shall  not  be  construed  to  apply  to  aged  or 
helpless  persons  requiring  permanent  custodial  care,  or  to  blind  persons 
under  the  care  of  the  State,  or  to  deaf  persons  under  the  care  of  the 
State,  or  to  any  epileptic  or  feeble-minded  person  or  to  any  person 
who  may,  in  the  judgment  of  the  Department  of  Public  Welfare,  not 
be  susceptible  of  such  rehabilitation. 

§  2.  The  Department  of  Public  Welfare  shall  have  power,  and 
it  shall  be  its  duty: 

(a)  To  establish  relations  with  all  public  and  private  hospitals 
to  receive  prompt  and  complete  reports  of  any  persons  under  treat- 
ment in  such  hospitals  for  any  injury  or  disease  that  may  permanently 
impair  their  earning  capacity.  The  persons  thus  reported  shall  be 
visited  by  representatives  of  the  Department  of  Public  Welfare  who 
shall  make  records  of  their  condition  and  report  to  the  Department  of 
Public  Welfare.  The  Department  of  Public  Welfare  shall  then  de- 
termine whether  the  person  is  susceptible  of  rehabilitation.  Such  per' 
sons  as  may  be  found  so  susceptible  shall  be  acquainted  by  the  De- 
partment of  Public  Welfare  with  the  rehabilitation  facilities  offered  by 
the  State  and  the  benefits  of  entering  upon  remunerative  work  at  an 
early  date.  Any  person  who  chooses  to  take  advantage  of  these  rehab- 
ilitation facilities  shall  be  registered  with  the  Department  of  Public 
Welfare,  and  a  record  shall  be  kept  of  every  such  person  and  the 
measures  taken  for  his  or  her  rehabilitation.  The  Department  of  Pub- 
lic Welfare  shall  offer  to  any  such  person  counsel  regarding  the  selec- 
tion of  a  suitable  occupation  and  of  an  appropriate  course  of  training, 
and  shall  initiate  definite  plans  for  beginning  rehabilitation  as  soon  as 
the  physical  condition  of  the  person  permits. 

(b)  To  arrange  with  the  Department  of  Labor  to  receive  reports 
of  all  cases  of  injuries  received  by  employes  in  the  course  of  employ- 
ment  which  may  result  in  permanent  disability.  The  persons  thus 
known  to  be  injured  shall  be  visited,  examined,  registered  and  advised 
in  the  same  manner  and  for  the  same  purposes  as  specified  in  Clause 
(a)   of  this  section. 

(c)  To  receive  applications  of  any  physically  handicapped  per- 
sons residing  within  the  State  for  advice  and  assistance  regarding  their 
rehabilitation.  The  persons  thus  known  to  be  physically  handicapped 
shall  be  visited,  examined  and  advised  in  the  same  manner  and  for 
the  same  purposes  as  specified  in  Clause   (a)    of  this  section. 

(d)  To  make  a  survey  to  ascertain  the  number  and  condition  of 
physically  handicapped  persons  within  the  State.  The  persons  thus 
known  to  be  physically  handicapped  shall  be  visited,  examined,  regis- 
tered, and  advised  in  the  same  manner  and  for  the  same  purposes  as 
specified  in  Clause  (a)  of  this  section. 

(e)  To  arrange  for  such  therapeutic  treatment  as  may  be  neces- 
sary for  the  rehabilitation  of  any  physically  handicapped  person  reg- 
istered with  the  Department  of  Public  Welfare. 


536  EMPLOYMENT. 


(f)  To  procure  and  furnish  at  cost  to  physically  handicapped 
persons  registered  with  the  Department  of  Public  Welfare,  artificial 
limbs  and  other  orthopedic  and  prosthetic  appliances,  to  be  paid  for 
in  easy  installments. 

(g)  To  establish,  equip,  maintain  and  operate  in  one  of  the 
large  cities  in  the.  State,  a  School  of  Kehabilitation,  and  to  establish, 
equip,  maintain  and  operate  branches  of  the  school  at  such  other  places 
as  may  in  the  judgment  of  the  Department  of  Public  Welfare  be  neces- 
sary. There  shall  be  provided  at  the  school  and  its  branches  courses 
of  training  in  selected  occupation  for  physically  handicapped  persons 
registered  with  the  Department  of  Public  Welfare  whose  physical  con- 
dition may,  in  the  judgment  of  the  Department  of  Public  Welfare, 
require  special  courses  of  training  to  render  them  fit  to  engage  in 
remunerative  employment  and  who  are  assigned  by  the  Department  of 
Public  Welfare  to  the  school  or  to  any  of  its  branches  for  the  purpose 
of  such  special  training. 

The  Department  of  Public  Welfare  shall  make  the  necessary  rules 
for  the  proper  conduct  and  management  of  the  school  and  its  branches ; 
shall  have  control  and  care  of  the  building  and  grounds  used  by  the 
State  for  the  school  and  its  branches,  and  shall  prescribe  the  course 
and  methods  of  training  to  be  given  at  the  school  and  its  branches. 

(h)  To  arrange  with  the  State  and  local  school  authorities  for 
training  courses  in  the  public  schools  of  the  State  in  selected  occupa- 
tions for  physically  handicapped  persons  registered  with  the  Depart- 
ment of  Public  Welfare. 

(i)  To  arrange  with  any  educational  institution  for  training 
courses  in  selected  occupations  for  physically  handicapped  persons  reg- 
istered with  the  Department  of  Public  Welfare. 

(j)  To  arrange  with  any  public  or  private  organization  or  com- 
mercial, industrial  or  agricultural  establishment  for  training  courses 
in  selected  occupations  for  physically  handicapped  persons  registered 
with  the  Department  of  Public  Welfare. 

(k)  To  provide  for  the  maintenance,  during  the  prescribed 
period  of  training,  of  physically  handicapped  persons  registered  with 
the  Department  of  Public  Welfare:  Provided,  that  the  cost  of  such 
maintenance  shall  not  exceed  ten  dollars  ($10.00)  per  week  for  twenty 
weeks,  unless  an  extension  of  time  is  granted  by  the  Department  of 
Public  Welfare. 

(1)  To  arrange  for  social  service  to  and  for  the  visiting  ^ 
physically  handicapped  persons  registered  with  the  Department  of 
Public  Welfare  and  their  families  in  their  homes  during  the  period 
of  treatment  and  training  and  after  its  completion,  and  to  give  advice 
regarding  any  matter  that  may  effect  rehabilitation. 

(m)  To  co-operate  with  the  Department  of  Labor  in  the  place- 
ment in  remunerative  employment  of  physically  handicapped  persons 
registered  with  the  Department  of  Public  Welfare. 

(n)  To  conduct  investigations  and  surveys  of  the  several  in- 
dustries located  in  the  State  to  ascertain  the  occupations  within  each 
industry  in  which  physically  handicapped  persons  can  enter  upon  re- 
munerative   employment    under    favorable    conditions    and    work    with 


EMPLOYMENT.  53? 


normal  effectiveness  and  to  determine  what  practicable  changes  and 
adjustments  in  industrial  operations  and  practices  may  facilitate  such 
employment. 

(o)  To  make  such  studies  and  reports  as  may  be  helpful  for 
the  operation  of  this  Act. 

(p)  To  keep  the  people  of  the  State  informed  regarding  the 
operation  of  this  Act. 

(q)  To  co-operate  with  any  department  of  the  Federal  or  State 
government  or  with  any  private  agency  in  the  operation  of  this  Act. 

(r)  Provided,  however,  that  no  person  shall  be  subject  to  this 
Act  or  to  any  of  its  provisions,  and  shall  not  be  examined,  registered, 
or  advised  unless  such  person  first  elects  to  take  advantage  of  the 
privileges  afforded  by  this  Act  and  to  come  under  its  terms  and  con- 
ditions. 

§  3.  The  Department  of  Public  Welfare,  subject  to  the  provi- 
sions of  civil  service  law  which  is  now  or  which  hereafter  may  be  in 
force  in  this  State,  shall  employ  such  persons  as  may  be  necessary  for 
the  enforcement  of  the  provisions  of  this  Act,  and  shall  prescribe  their 
duties,  compensation  and  terms  of  employment. 

§  4.  The  Department  of  Public  Welfare  shall  promulgate  rea- 
sonable rules  and  regulations  relating  to  the  enforcement  of  the  pro- 
visions of  this   Act. 

Approved  June  28,  1919. 


WASH   ROOMS    IN   CERTAIN    EMPLOYMENTS. 

§    1.     Amends  section  2,  Act  of  1913.  §   2.     Arrangement    ■ — ■    number 

and  how  provided. 

(Senate  Bill  No.   578.     Approved  June  28,   1919.) 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  provide  for 
wash  rooms  in  certain  employments  to  protect  the  health  of  employes 
and  secure  public  comfort,"  approved  June  26,  1913,  in  force  July 
1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  2  of  an  Act  en- 
titled, "An  Act  to  provide  for  wash  rooms  in  certain  employments  to 
protect  the  health  of  employes  and  secure  public  comfort,"  approved 
June  26,  1913,  in  force  July  1,  1913,  is  amended  to  read  as  follows: 

§  2.  Such  wash  rooms  shall  be  so  arranged  that  employees  may 
change  their  clothing  therein,  and  shall  be  sufficient  for  the  number  of 
employees  engaged  regularly  in  such  employment;  shall  be  provided  with 
lockers  or  hangers  in  which  employees  may  keep  their  clothing ;  shall 
be  provided  with  hot  and  cold  water  and  with  sufficient  and  suitable 
places  and  means  for  using  the  same;  and  during  cold  weather,  shall  be 
sufficiently  heated. 

Approved  June  28,  1919. 


538 


EMPLOYMENT. 


WORKMEN'S   COMPENSATION. 


Amends  sections  3,  7,  8,  14,  19 
21,  24,  26,  28  and  31,  Act  of 
1911. 

§  3.  Applies  to  certain  ex- 
tra hazardous  em- 
ployments. 

§  7.  Compensation  for  fatal 
injury. 


§   21. 


§   24. 
§    26. 


§    28. 


§    31. 


Award  not  subject  to 
lien — lien  upon  em- 
ployer's property  — 
compensation  e  x  - 
tinguished  at  death 
— exception. 

Notice    of   accident. 

Provision  by  employer 
to  pay  compensation 
— approved  by  In- 
dustrial Commission 
— insolvent  or  un- 
fair industrial  in- 
surers— misdemeanor 
- — fine. 

Failure  of  employer  to 
pay  insurer  prim- 
arily liable  —  joint 
award. 

Who  included  in  term 
empolyers  ■ — ■  con- 
tracting with  others 
to  do  the  work — re- 
covery from  others — 
liability. 


§  8.  Compensation  for  non- 
fatal   injury. 

§  14.  Salaries,  members  of 
board,  secretary,  ar- 
bitrators ■ — •  expenses 
— seal. 

§  19.  Disputed  question  of 
law  or  fact  —  arbi- 
bitration  —  decision 
—  review — physician 
compensation  re- 
duced or  suspended 
■ — review  by  Circuit 
Court  —  bond  —  re- 
view by  Supreme 
Court — Circuit.  Court 
make  judgment  con- 
form —  review  after 
award  —  review  of 
award  by  Industrial 
Commission  —  ad- 
dress for  service  — 
testimony  of  de- 
ceased witness  addi- 
tional   compensation. 

(Senate  Bill  No.   384.     Approved  June  28,   1919.) 

An  Act  to  amend  sections  three   (3),  seven  (7),  eight   (8),  fourteen 
(14),  nineteen   {19),  twenty-one  (21),  twenty-four  (24),  twenty-six 
(26),   twenty-eight    (28)    and  thirty-one    (31)    of  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  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,"  as  subsequently  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  sections  three  (3),  seven  (7), 
eight  (8),  fourteen   (14),  nineteen   (19),  twenty-one    (21),  twenty-four 
(24),  twenty-six  (26),  twenty-eight  (28)  and  thirty-one  (31)  of  an  Act 
entitled :  "An  Act  to.  promote  the  general  welfare  of  the  people  of  this 
State    hy    providing    compensation    for    accidental    injuries    or    death 
suffered  in  the  course  of  employment  within  this  State;  providing  for 
the  enforcement  and  administering  thereof,  and  a  penalty  for  its  vio- 
lation, and  repealing  an  Act  entitled,  'An  Act  to  promote  the  general 
welfare  of  the  people  o.f  this  State  by  providing  compensation  for  acci- 
dental injuries  or  death  suffered  in  the  course  of  employment,'  approved 


EMPLOYMENT.  539 


June  10,  1911,  in  force  May  1,   1912,"  as  subsequently  amended,  be 
amended  so  as  to  read  as  follows : 

§  3.  The  provisions  of  this  Act  herein  after  following  shall 
apply  automatically,  and  without  election  to.  the  State,  county,  city, 
town,  township,  incorporated  village  or  school  district,  body  politic 
or  municipal  corporation,  and  to  all  employers  and  their  employees, 
engaged  in  any  of  the  following  enterprises  or  businesses  which  are 
declared  to  be  extra  hazardous,  namely : 

1.  The  erection,  maintaining,  removing,  remodeling,  altering  or 
demolishing  of  any  structure,  except  as  provided  in  sub-paragrapb 
8  of  this  section. 

2.  Construction,  excavating  or  electrical  work,  except  as  pro- 
vided in  sub-paragraph  8  of  this  section. 

3.  Carriage  by  land  or  water  and  loading  or  unloading  in  con- 
nection therewith,  including  the  distribution  of  any  commodity  by  horse- 
drawn  or  motor  driven  vehicle  where  the  employer  employs  more  than 
three  employees  in  the  enterprise  or  business,  except  as  provided  in 
sub-paragraph  8  of  this  section. 

4.  The  operation  o.f  any  warehouse  or  general  or  terminal  store 
houses. 

5.  Mining,  surface  mining  or  quarrying. 

6.  An}r  enterprise  in  which  explosive-materials  are  manufactured, 
handled  or  used  in  dangerous  quantities. 

7.  In  any  enterprise  wherein  molten  metal,  or  explosive  or  injur- 
ious gases  or  vapors,  or  inflammable  vapors  or  fluids,  or  corrosive 
acids,  are  manufactured,  used,  generated,  stored  or  conveyed  in  danger- 
ous quantities. 

8.  In  any  enterprise  in  which  statutory  or  municipal  ordinance 
regulations  are  now  or  shall  hereafter  be  imposed  for  the  regulating, 
guarding,  use  or  the  placing  of  machinery  or  appliances  or  for  the 
protection  and  safeguarding  of  the  employees  or  the  public  therein ; 
each  of  which  occupations,  enterprises  or  businesses  are  hereby  de- 
clared to  be  extra  hazardous;  provided,  nothing  contained  herein  shall 
be  construed  to  apply  to  any  work^  employment  or  operations  done, 
had  or  conducted  by  farmers  and  others  engaged  in  farming,  tillage 
of  the  soil,  or  stock  raising,  or  to  those  who  rent,  demise  or  lease 
land  for  any  such  purposes,  or  to  any  one  in  their  employ  or  to  any 
work  done  on  a  farm,  or  country  place,  no  matter  what  kind  of  work  or 
service  is  being  done  or  rendered. 

§  7.  The  amount  of  compensation  which  shall  be  paid"  for  an 
injury  to  the  employee  resulting  in  death  shall  be : 

(a)  If  the  employee  leaves  any  widow,  child  or  children  whom 
he  was  under  legal  obligation  to  support  at  the  time  of  his  injury, 
a  sum  equal  to  four  times  the  average  annual  earnings  of  the  em- 
ployee, but  not  less  in  any  event  than  one  thousand  six  hundred  fifty 
dollars  and  not  more  in  any  event  than  three  thousand  five  hundred 
dollars.  Any  compensation  payments  other  than  necessary  medical, 
surgical  or  hospital  fees  or  services  shall  be  deducted  in  ascertaining 
the  amount  payable  on  death. 


540  EMPLOYMENT. 


(b)  If  no  amount  is  payable  under  paragraph  (a)  of  this  sec- 
tion and  the  employee  leaves  any  parent,  husband,  child  or  children 
who  at  the  time  of  injury  were  totally  dependent  upon  the  earnings  of 
the  employee,  then  a  sum  equal  to  four  times  the  average  annual  earn- 
ings of  the  employee,  but  not  less  in  any  event  than  one  thousand  six 
hundred  fifty  dollars,  and  not  more  in  any  event  than  three  thousand 
five  hundred  dollars. 

(c)  If  no  amount  is- payable  under  paragraphs  (a)  or  (b)  of  this 
section  and  the  employee  leaves  any  parent,  child  or  children,  grand- 
parent or  grandchild,  who  at  the  time  of  injury  were  dependent  upon 
the  earnings  of  the  employee,  then  such  proportion  of  a  sum  equal  to 
four  times  the  average  annual  earnings,  of  the  employee  as  such  de- 
pendency bears  to  total  dependency,  but  not  less  in  any  event  than  one 
thousand  six  hundred  fifty  dollars  and  not  more  in  any  event  than  three 
thousand  five  hundred  dollars.  Any  compensation  payments  other  than 
necessary  medical,  surgical  or  hospital  fees  or  services  shall  be  deducted 
in  ascertaining  the  amounts  payable  on  death. 

(d)  If  no  amount  is  payable  under  paragraphs  (a),  (b)  or  (c) 
of  this  section  and  the  employee  leaves  collateral  heirs  dependent  at 
the  time  of  the  injury  to  the  employee  upon  his  earnings,  such  a  per- 
centage of  the  sum  provided  in  paragraph  (a)  of  this  section  as  the 
average  annual  contributions  which  the  deceased  made  to  the  support 
of  such  dependent  collateral  heirs  during  the  two  years  preceding  the 
injury  bears  to  his  average  annual  earnings  during  such  two  years. 

(e)  If  no  amount  is  payable  under  paragraphs  (a),  (b),  (c)  or 
(d)  of  this  section,  a  sum  not  to  exceed  one  hundred  and  fifty  dol- 
lars for  burial  expenses  to  be  paid  by  the  employer  to  the  undertaker 
or  to  the  person  or  persons  incurring  the  expense  of  burial. 

(f)  For  all  compensation,  except  for  burial  expenses  provided  in 
this  section  to  be  paid  in  case  injury  results  in  death,  shall  be  paid 
in  installments  equal  to  one-half  the  average  earnings,  at  the  same 
intervals  at  which  the  wages  or  earnings  of  the  employee  were  paid; 
or  if  this  shall  not  be  feasible,  then  the  installments  shall  be  paid 
weekly :  Provided,  such  compensation  may  be  paid  in  a  lump  sum  upon 
petition  as  provided  in  section  9  of  this  Act. 

(g)  The  compensation  to  be  paid  for  injury  which  results  in 
death,  as  provided  in  this  section,  shall  be  paid  to  the  persons  who 
form  the  basis  for  determining  the  amount  of  compensation  to  be 
paid  by  the  employer,  the  respective  shares  to  be  in  the  proportion 
of  their  respective  dependency  at  the  time  of  the  injury  on  the  earn- 
ings of  the  deceased,  provided  that  the  Industrial  Commission  or  an 
arbitrator  thereof  may,  in  its  or  his  discretion,  order  or  award  the 
payment  to  the  parent  or  grandparent  of  a  child  for  the  latter's  support 
the  amount  of  compensation  which  but  for  such  order  or  award  would 
have  been  paid  to  such  child  as  its  share  of  the  compensation  payable, 
which  order  or  award  may  be  modified  from  time  to  time  by  the  com- 
mission in  its  discretion  with  respect  to  the  persons  to  whom  shall  be 
paid  the  amount  of  said  order  or  award  remaining  unpaid  at  the  time  of 
said  modification. 


EMPLOYMENT.  5  I  I 


The  payments  of  compensation  by  the  employer  in  accordance  with 
the  order  or  award  of  the  Industrial  Commission  shall  discharge  such 
employer  from  all  further  obligation  as  to  such  compensation. 

In  a  case  where  any  of  the  persons  who  would  be  entitled  to  com- 
pensation is  living  at  any  place  outside  of  the  United  States,  then 
payment  shall  be  made  to  the  personal  representative  "of  the  deceased 
employee.  The  distribution  by  such  personal  representative  to  the  per- 
sons entitled  shall  be  made  to  such  persons  and  in  such  manner  as  the 
commission  shall  order. 

(h)  1.  Whenever  in  paragraph  (a)  of  this  section  a  minimum 
of  one  thousand  six  hundred  fifty  dollars  is  provided,  such  minimum 
shall  be  increased  in  the  following  cases  to  the  following  amounts : 

One  thousand  seven  hundred  fifty  dollars  in  case  of  a  widow  and 
one  child  under  the  age  of  16  years  at  the  time  of  the  death  of  the 
employee. 

One  thousand  eight  hundred  fifty  dollars  in  case  of  a  widow  and 
two  or  more  children  under  the  age  of  10  years  at  the  time  of  the  death 
'of  the  employee. 

2.  Wherever  in  paragraph  (a)  of  this  section  a  maximum  of  three 
thousand  five  hundred  dollars  is  provided,  such  maximum  shall  be  in- 
creased in  the  following  cases  to  the  following  amounts : 

Three  thousand  seven  hundred  fifty  dollars  in  case  of  a  widow 
and  one  child  under  the  age  of  16  years  at  the  time  of  the  death  of  the 
employee. 

Four  thousand  dollars  in  case  of  a  widow  and  two  or  more  children 
under  the  age  of  16  years  at  the  time  of  the  death  of  the  employee. 

§  8.  The  amount  of  compensation  which  shall  be  paid  to  the 
employee  for  an  injury  not  resulting  in  death  shall  be : 

(a)  The  employer  shall  provide  the  necessary  first  aid  medical 
and  surgical  services;  all  necessary  hospital  services  during  the  period 
for  which  compensation  may  be  payable;  also  all  necessary  medical  and 
surgical  services  for  a  period  not  longer  than  eight  weeks,  not  to  exceed, 
however,  an  amount  of  two  hundred  dollars,  and  in  addition  such  med- 
ical or  surgical  services  in  excess  of  such  limits  as  may  be  necessary 
during  the  time  such  hospital  services  are  furnished.  All  of  the  fore- 
going services  shall  be  limited  to  those  which  are  reasonably  required  to 
cure  and  relieve  from  the  effects  of  the  injury.  The  employee  may  elect 
to  secure  his  own  physician,  surgeon  or  hospital  services  at  his  own 
expense. 

(b)  If  the  period  of  temporary  total  incapacity  for  work  lasts 
for  more  than  six  working  days,  compensation  equal  to  fifty  percentum 
of  the  earnings,  but  not  less  than  $7.00  nor  more  than  $12.00  per  week, 
beginning  on  the  eighth  day  of  such  temporary  total  incapacity,  and 
continuing  as  long  as  the  temporary  total  incapacity  lasts,  but  not  after 
the  amount  of  compensation  paid  equals  the  amount  which  would  have 
been  payable  as  a  death  benefit  under  paragraph  (a),  section  7,  if  the 
employee  had  died  as  a  result  of  the  injury  at  the  time  thereof,  leaving 
heirs  surviving  as  provided  in  said  paragraph  (a),  section  7:  Provided, 
that  in  the  case  where  temporary  total  incapacity  for  work  continues  for 


542  EMPLOYMENT. 


a  period  of  four  weeks  from  the  day  of  the  injury,  then  compensation 
shall  commence  on  the  day  after  the  injury. 

(c)  For  any  serious  and  permanent  disfigurement  to  the  hand, 
head  or  face,  the  employee  shall  be  entitled  to  compensation  for  such 
disfigurement,  the  amount  fixed  by  agreement  or  by  arbitration  in  ac- 
cordance with  the  provisions  of  this  Act,  which  amount  shall  not  exceed 
one-quarter  of  the  amount  of  the  compensation  which  would  have  been 
payable  as  a  death  benefit  under  paragraph  (a),  section  7,  if  the  em- 
.  ployee  had  died  as  a  result  of  the  injury  at  the  time  thereof,  leaving 
heirs  surviving,  as  provided  in  said  paragraph  (a),  section  7:  Provided, 
that  no  compensation  shall  be  payable  under  this  paragraph  where  com- 
pensation is  payable  under  paragraph  (d),  (e)  or  (f)  of  this  section: 
And,  provided  further,  that  when  the  disfigurement  is  to  the  hand,  head 
or  face  as  a  result  of  any  injury,  for  which  injury  compensation  is  not 
payable  under  paragraph  (d),  (e)  or  (f)  of  this  section,  compensation 
for  such  disfigurement  may  be  had  under  this  paragraph. 

'(d)  If,  after  the  injury  has  been  sustained,  the  employee  as  a 
result  thereof  becomes  partially  incapacitated  from  pursuing  his  usual ' 
and  customary  line  of  employment,  he  shall,  except  in  the  cases  covered 
by  the  specific  schedule  set  forth  in  paragraph  (e)  of  this  section, 
receive  compensation,  subject  to  the  limitations  as  to  time  and  maxi- 
mum amounts  fixed  in  paragraphs  (b)  and  (h)  of  this  section,  equal  to 
fifty  percentum  of  the  difference  between  the  average  amount  which  he 
earned  before  the  accident,  and  the  average  amount  which  he  is  earning 
or  is  able  to  earn  in  some  suitable  employment  or  business  after  the 
accident. 

(e)  For  injuries  in  the  following  schedule,  the  employee  shall 
receive  in  addition  to  compensation  during  the  period  of  temporary  total 
incapacity  for  work  resulting  from  such  injury,  in  accordance  with  the 
provisions  of  paragraphs  (a)  and  (b)  of  this  section,  compensation, 
for  a  further  period,  subject  to  the  limitations  as  to  time  and  amounts 
fixed  in  paragraphs  (b)  and  (h)  of  this  section,  for  the  specific  loss 
herein  mentioned,  as  follows,  but  shall  not  receive  any  compensation  for 
such  injuries  under  any  other  provisions  of  this  Act. 

1.  For  the  loss  of  a  thumb,  or  the  permanent  and  complete  loss 
of  its  use,  fifty  percentum  of  the  average  weekly  wage  during  sixty 
weeks ; 

2.  For  the  loss  of  a  first  finger,  commonly  called  the  index  finger, 
or  the  permanent  and  complete  loss  of  its  use,  fifty  percentum  of  the 
average  weekly  wage  during  thirty-five  weeks; 

3.  For  the  loss  of  a  second  finger,  or  the  permanent  and  complete 
loss  of  its  use,  fifty  percentum  of  the  average  weekly  wage  during 
thirty  weeks; 

4.  For  the  loss  of  a  third  finger,  or  the  permanent  and  complete 
loss  of  its  use,  fifty  percentum  of  the  average  weekly  wage  during 
twenty  weeks; 

5.  For  the  loss  of  a  fourth  finger,  commonly  called  the  little 
finger,  or  the  permanent  and  complete  loss  of  its  use,  fifty  percentum 
of  the  average  weekly  wage  during  fifteen  weeks; 


EMPLOYMENT.  543 


6.  The  loss  of  the  first  phalange  of  the  thumb,  or  of  any  finger 
shall  be  considered  to  be  equal  to  the  loss  of  one-half  of  such  thumb 
or  linger  and  compensation  shall  be  one-half  the  amounts  above  speci- 
fied; 

7.  The  loss  of  more  than  one  phalange  shall  be  considered  as  thi 
loss  of  the  entire  finger  or  thumb;  provided,  however,  that  in  no  case 
shall  the  amount  received  for  more  than  one  finger  exceed  the  amount 
provided  in  this  schedule  for  the  loss  of  a  hand; 

8.  For  the  loss  of  a  great  toe,  fifty  percentum  of  the  average 
weekly  wage  during  thirty  weeks ; 

9.  For  the  loss  of  one  toe  other  than  the  great  toe,  fifty  percentum 
of  the  average  weekly  wage  during  ten  weeks,  and  for  the  additional 
loss  of  one  or  more  toes  other  than  the  great  toe,  fifty  percentum  of  the 
average  weekly  wage  during  an  additional  ten  weeks; 

10.  The  loss  of  the  first  phalange  of  any  toe  shall  be  considered 
to  be  the  equal  to  the  loss  of  one-half  of  such  toe,  and  compensation 
shall  be  one-half  of  the  amount  above  specified ; 

11.  The  loss  of  more  than  one  phalange  shall  be  considered  as  the 
loss  of  the  entire  toe ; 

12.  For  the  loss  of  a  hand,  or  the  permanent  and  complete  loss  of 
its  use,  fifty  percentum  of  the  average  weekly  wage  during  one  hundred 
and  fifty  weeks; 

13.  For  the  loss  of  an  arm  or  the  permanent  and  complete  loss  of 
its  use,  fifty  percentum  of  the  average  weekly  wage  during  two  hundred 
weeks ; 

14.  For  the  loss  of  a  foot,  or  the  permanent  and  complete  loss  of 
its  use,  fifty  percentum  of  the  average  weekly  wage  during  one  hundred 
and  twenty-five  weeks; 

15.  For  the  loss  of  a  leg,  or  the  permanent  and  complete  loss  of 
its  use,  fifty  percentum  of  the  average  weekly  wage  during  one  hun- 
dred and  seventy-five  weeks; 

16.  For  the  loss  of  the  sight  of  an  eye  or  for  the  permanent  and 
complete  loss  of  its  use,  fifty  percentum  of  the  average  weekly  wage 
during  one  hundred  weeks; 

17.  For  the  permanent  partial  loss  of  use  of  a  member  or  sight 
of  an  eye,  fifty  percentum  of  the  average  weekly  wage  during  that 
portion  of  the  number  of  weeks  in  the  foregoing  schedule  provided  for 
the  loss  of  such  member  or  sight  of  an  eye  which  the  partial  loss  of 
use  thereof  bears  to  the  total  loss  of  use  of  such  member  or  sight  of  eye. 

18.  The  loss  of  both  hands,  or  both  arms,  or  both  feet,  or  both 
legs,  or  both  eyes,  or  of  any  two  thereof,  or  the  permanent  and  com- 
plete loss  of  use  thereof,  shall  constitute  total  and  permanent  disability, 
to  be  compensated  according  to  the  compensation  fixed  by  paragraph 
(f )  of  this  section :  Provided,  that  these  specific  cases  of  total  and 
permanent  disability  shall  not  be  construed  as  excluding  other  cases. 

(f)  In  case  of  complete  disability,  which  renders  the  employee 
wholly  and  permanently  incapable  of  work,  compensation  equal  to  fifty 
percentum  of  his  earnings,  but  not  less  than  $7.00  nor  more  than  $12.00 
per  week,  commencing  on  the  day  after  the  injury,  and  continuing  until 


544 


EMPLOYMENT. 


the  amount  paid  equals  the  amount  which  would  have' been  payable  as  a 
death  benefit  under  paragraph  (a),  section  7,  if  the  employee  had  died 
as  a  result  of  the  injury  at  the  time  thereof,  leaving  heirs  surviving  as 
provided  in  said  paragraph  (a),  section  7,  and  thereafter  a  pension 
during  life  annually  equal  to  8  per  cent  of  the  amount  which  would 
have  been  payable  as  a  death  benefit  under  paragraph  (a),  section  7,  if 
the  employee  had  died  as  a  result  of  the  injury  at  the  time  thereof, 
leaving  heirs  surviving,  as  provided  in  said  paragraph  (a),  section  7. 
Such  pension  shall  not  be  less  than  $10.00  per  month  and  shall  be 
payable  monthly. 

(g)  In  case  death  occurs  as  a  result  of  the  injury  before  the 
total  of  the  payments  made  equals  the  amount  payable  as  a  death 
benefit,  then  in  case  the  employee  leaves  any  widow,  child,  or  children, 
parents,  grandparents  or  other  lineal  heirs,  entitled  to  compensation 
under  section  7,  the  difference  between  the  compensation  for  death 
and  the  sum  of  the  payments  made  to  the  employee  shall  be  paid,  at 
the  option  of  the  employer,  either  to  the  personal  representative  or 
to  the  beneficiaries  of  the  deceased  employee,  and  distributed,  as  pro- 
vided in  paragraph  (f)  of  section  7,  but  in  no  case  shall  the  amount 
payable  under  this  paragraph  be  less  than  $500.00. 

(h)  In  no  event  shall  the  compensation  to  be  paid  exceed'  fifty 
percentum  of  the  average  weekly  wage  or  exceed  $12.00  per  week  in 
amount;  nor,  except  in  case  of  complete  disability,  as  defined  above, 
shall  any  payments  extend  over  a  period  of  more  than  eight  years  from 
the  date  of  the  accident.  In  case  an  injured  employee  shall  be  incom- 
petent at  the  time  when  any  right  or  privilege  accrues  to  him  under  the 
provisions  of  this  Act  a  conservator  or  guardian  may  be  appointed, 
pursuant  to  law,  and  may,  on  behalf  of  such  incompetent,  claim  and 
exercise  any  such  right  or  privilege  with  the  same  force  and  effect  as  if 
the  employee  himself  had  been  competent  and  had  claimed  or  exercised 
said  right  or  privilege;  and  no  limitations  of  time  by  this  Act  provided 
shall  run  so  long  as  said  incompetent  employee  is  without  a  conserva- 
tor or  a  guardian. 

(i)  All  compensation  provided  for  in  paragraphs  (b),  (c),  (d), 
(e),  and  (f)  of  this  section,  other  than  cases  of  pension  for  life,  shall 
be  paid  in  installments  at  the  same  intervals  at  which  the  wages  or 
earnings  of  the  employee  were  paid  at  the  time  of  the  injury,  or  if  this 
shall  not  be  feasible,  then  the  installments  shall  be  paid  weekly. 

(j)  1.  Wherever  in  this  section  there  is  a  provision  for  fifty  per- 
centum, such  percentum  shall  be  increased  five  percentum  for  each 
child  of  the  employee  under  16  years  of  age  at  the  time  of  the  injury 
to  the  employee  until  such  percentum  shall  reach  a  maximum  of  sixty- 
five  percentum. 

2.  Wherever  in  this  section  a  weekly  minimum  of  $7.00  is  pro- 
vided, such  minimum  shall  be  increased  in  the  following  cases  to  the 
following  amounts : 

$8.00  in  a  case  of  any  employee  having  one  child  under  the  age  of 
1  fi  years  at  the  time  of  the  injury  to  the  employee ; 


EMPLOYMENT.  545 


$9.00  in  a  case  of  an  employee  having  two  children  under  the  age 
of  16  years  at  the  time  of  the  injury  to  the  employee; 

$10.00  in  a  case  of  an  employee  having  three  or  more  children 
under  the  age  of  16  years  at  the  time  of  the  injury  to  the  employee. 

3.  Wherever  in  this  section  a  weekly  maximum  of  $12.00  is  pro- 
vided, such  maximum  shall  be  increased  in  the  following  cases  to  the 
following  amounts: 

$13.00  in  case  of  an  employee  with  one  child  under  the  age  of  16 
years  at  the  time  of  the  injury  to  the  employee; 

$11.00  in  case  of  an  employee  with  two  children  under  the  age  of 
16  years  at  the  time  of  injury  to  the  employee. 

$15.00  in  case  of  an  employee  with  three  or  more  children  under 
the  age  of  16  years  at  the  time  of  injury  to  the  employee. 

4.  The  increases  in  the  above  percentum  and  the  minimum  and 
maximum  amounts  shall  be  paid  only  so  long  as  the  child  upon  which 
the  increase  is  based  remains  under  the  age  of  16  years. 

§  14.  The  salary  of  each  of  the  members  of  the  commission  ap- 
pointed by  the  Governor  shall  be  five  thousand  dollars  ($5,000.00)  per 
year.  The  commission  shall  appoint  a  secretary  and  shall  employ  such 
assistants  and  clerical  help  as  may  be  necessary. 

The  salary  of  the  arbitrators  designated  by  the  commission  shall 
be  at  the  rate  of  three  thousand  dollars  ($3,000.00)  per  year. 

The  members  of  the  commission  and  the  arbitrators  shall  have 
reimbursed  to  them  their  actual  traveling  expenses  and  disbursements 
made  or  incurred  by  them  in  the  discharge  of  their  official  duties  while 
away  from  their  places  of  residence  in  the  performance  of  their  duties. 
The  commission  shall  provide  itself  with  a  seal  for  the  authentication 
of  its  orders,  awards,  and  proceedings,  upon  which  shall  be  inscribed 
the  name  of  the  commission  and  the  words  "Illinois — Seal". 

§  19.  Any  disputed  question  of  law  or  fact  shall  be  determined  as 
herein  provided. 

(a)  It  shall  be  the  duty  of  the  Industrial  Commission  upon  noti- 
fication that  the  parties  have  failed  to  reach  an  agreement,  to  designate 
an  arbitrator:  Provided,  that  if  the  compensation  claimed  is  for  a 
partial  permanent  or  total  permanent  incapacity  or  for  death,  then  the 
dispute  may,  at  the  election  of  either  party,  be  determined  by  a  com- 
mittee of  arbitration,  which  election  for  determination  by  a' committee 
shall  be  made  by  petitioner  filing  with  the  commission  his  election  in 
writing  with  his  petition  or  by  the  other  party  filing  with  the  commis- 
sion his  election  in  wilting  within  five  clays  of  notice  to  him  of  the 
filing  of  the  petition,  and  thereupon  it  shall  be  the  duty  of  the  Indus- 
trial Commission,  upon  either  of  the  parties  having  filed  their  election 
for  a  committee  of  arbitration  as  above  provided,  to  notify  both  parties 
to  appoint  their  respective  representatives  on  the  committee  of  arbitra- 
tion. The  commission  shall  designate  an  arbitrator  to  act  as  chairman, 
and  if  either  party  fails  to  appoint  its  member  on  the  committee  within 
seven  days  after  notification  as  above  provided,  the  commission  shall 
appoint  a  person  to  fill  the  vacancy  and  notify  the  parties  to  that  effect. 

—35  L 


546  EMPLOYMENT. 


The  party  filing  his  election  for  a  committee  of  arbitration  shall  with  his 
election  deposit  with  the  commission  the  sum  of  twenty  dollars,  to  be 
paid  by  the  commission  to  the  arbitrators  selected  by  the  parties  as  com- 
pensation for  their  services  as  arbitrators,  and  upon  a  failure  to  deposit 
as  aforesaid,  the  election  shall  be  void  and  the  determination  shall  be  by 
an  arbitrator  designated  by  the  commission.  The  members  of  the 
committee  of  arbitration  appointed  by  either  of  the  parties  or  one 
appointed  by  the  commission  to  fill  a  vacancy  by  reason  of  the  failure  of 
one  of  the  parties  to  appoint,  shall  not  be  a  member  of  the  commission 
or  an  employee  thereof. 

(b)  The  arbitrator  or  committee  of  arbitration  shall  make  such 
inquiries  and  investigations  as  he  or  they  deem  necessary,  and  may 
examine  and  inspect  all  books,  papers,  records,  places,  or  premises  re- 
lating to  the  questions  in  dispute,  and  hear  such  proper  evidence  as  the 
parties  may  submit.  The  hearings  before  the  arbitrator  or  committee 
of  arbitration  shall  be  held  in  the  vicinity  where  the  injury  occurred, 
after  ten  days'  notice  of  the  time  and  place  of  such  hearing  shall  have 
been  given  to  each  of  the  parties  or  their  attorneys  of  record.  The 
decision  of  the  arbitrator  or  committee  of  arbitration  shall  be  filed  with 
the  Industrial  Commission,  which  commission  shall  immediately  send 
to  each  party  or  his  attorney  a  copy  of  such  decision,  together  with  a 
notification  of  the  time  when  it  was  filed,  and  unless  a  petition  for  a 
review  is  filed  by  either  party  within  fifteen  days  after  the  receipt  by 
said  party  of  the  copy  of  said  decision  and  notification  of  time  when 
filed,  and  unless  such  party  petitioning  for  a  review  shall  within  twenty 
days  after  the  receipt  by  him  of  the  copy  of  said  decision,  file  with  the 
commission  either  an  agreed  statement  of  the  facts  appearing  upon  the 
hearing  before  the  arbitrator  or  committee  of  arbitration,  or  if  such 
party  "shall  so  elect,  a  correct  stenographic  report  of  the  proceedings  at 
such  hearings,  then  the  decision  shall  become  the  decision  of  the  In- 
dustrial Commission  and  in  the  absence  of  fraud  shall  be  conclusive: 
Provided,  that  such  Industrial  Commission  may  for  sufficient  cause 
shown  grant  further  time,  not  exceeding  thirty  days,  in  which  to  peti- 
tion for  such  review  or  to  file  such  agreed  statement  or  stenographic 
report.  Such  agreed  statement  of  facts  or  correct  stenographic  report, 
as  the  case  may  be,  shall  be  authenticated  by  the  signatures  of  the  par- 
ties or  their  attorneys  and  in  the  event  they  do  not  agree  as  to  the  cor- 
rectness of  the  stenographic  report  it  shall  be  authenticated  by  the  sig- 
nature of  the  arbitrator  designated  by  the  commission. 

(c)  The  Industrial  Commission  may  appoint,  at  its  own  expense, 
a  duly  qualified,  impartial  physician  to  examine  the  injured  employee 
and  report  to  the  commission.  The  fee  for  this  service  shall  not  ex- 
ceed five  dollars  and  traveling  expenses,  but  the  commission  may  allow 
additional  reasonable  amounts  in  extraordinary  cases.  The  fees  and 
the  payment  thereof  of  all  attorneys  and  physicians  for  services 
authorized  by  the  commission  under  this  Act  shall,  upon  request  of 
either  the  employer  or  the  employee  or  the  beneficiary  affected,  be  sub- 
ject to  the  review  and  decision  of  the  Industrial  Commission. 


EMPLOYMENT.  .547 


(d)  If  any  employee  shall  persist  in  insanitary  or  injurious 
practices  which  tend  to  either  imperil  or  retard  his  recovery  or  shall 
refuse  to  submit  to  such  medical  or  surgical  treatment  as  is  reasonably 
essential  to  promote  his  recovery,  the  commission  may,  in  its  discretion, 
reduce  or  suspend  the  compensation  of  any  such  injured  employee. 

(e)  If  a  petition  for  review  and  agreed  statement  of  facts  or 
stenographic  report  is  filed,  as  provided  herein,  the  Industrial  Com- 
mission shall  promptly  review  the  decision  of  the  arbitrator  or  com- 
mittee of  arbitration  and  all  questions  of  law  or  fact  which  appear 
from  the  said  statement  of  facts  or  stenographic  report,  and  such  ad- 
ditional evidence  as  the  parties  may  submit.  After  such  hearing  upon 
review,  the  commission  shall  file  in  its  office  its  decision  thereon,  and 
shall  immediately  send  to  each  party  or  his  attorney  a  copy  of  such 
decision  and  a  notification  of  the  time  when  it  was  filed. 

Such  review  and  hearing  may  be  held  in  its  office  or  elsewhere 
as  the  commission  may  deem  advisable :  Provided,  that  the  taking  of 
testimony  on  such  hearing  may  be  had  before  any  member  of  the  com- 
mission and  in  the  event  either  of  the  parties  may  desire  an  argument 
before  others  of  the  commission  such  argument  may  be  had  upon 
written  demand  therefor  filed  with  the  commission  within  five  days 
after  the  commencement  of  such  taking  of  testimony,  in  which  event 
such  argument  shall  be  had  before  not  less  than  a  majority  of  the 
commission :  Provided,  that  the  commission  shall  give  ten  days'  notice 
to  the  parties  or  their  attorneys  of  the  time  and  place  of  such  taking 
of  testimony  and  of  such  argument. 

In  any  case  the  commission  in  its  decision  may  in  its  discretion 
find  specially  upon  any  question  or  questions  of  law  or  fact  which 
shall  be  submitted  in  writing  by  either  party,  whether  ultimate  or 
otherwise.  Any  party  may,  within  twenty  days  after  receipt  of  notice 
of  the  commission's  decision,  or  within  such  further  time,  not  exceeding 
thirty  days,  as  the  commission  may  grant,  file  with  the  commission 
either  an  agreed  statement  of  the  facts  appearing  upon  the  hearing,  or, 
if  such  party  shall  so  elect  a  correct  stenographic  report  of  the  addi- 
tional proceedings  presented  before  the  commission,  in  which  report  the 
party  may  embody  a  correct  statement  of  such  other  proceedings  in  the 
case  as  such  party  may  desire  to  have  reviewed,  such  statement  of  facts 
or  stenographic  report  to  be  authenticated  by  the  signature  of  the 
parties  or  their  attorneys,  and  in  the  event  that  they  do  not  agree,  then 
the  authentication  of  such  stenographic  report  shall  be  by  the  signature 
of  any  member  of  the  commission.  The  applications  for  adjustment  of 
claim  and  other  documents  in  the  nature  of  pleadings  filed  by  either 
party,  together  with  the  decisions  of  the  arbitrator  and  of  the  Industrial 
commission  and  the  statement  of  facts  or  stenographic  reports  herein- 
before provided  for  in  paragraphs  (b)  and  (c)  shall  be  the  record  of  the 
proceedings  of  said  commission,  and  shall  be  subject  to  review  as  here- 
inafter provided. 

(f)  The  decision  of  the  Industrial  Commission,  acting  within  its 
powers,  according  to  the  provisions  of  paragraph    (e)    of  this  section 


548  EMPLOYMENT. 


shall,  in  the  absence  of  fraud,  be  conclusive,  unless  reviewed  as  in  this 
paragraph  hereinafter  provided. 

(1)  The  Circuit  Court  of  the  county  wnere  any  of  the  parties  de- 
fendant may  be  found  shall  by  writ  of  certiorari  to  the  Industrial  Com- 
mission have  power  to  review  all  questions  of  law  presented  by  such 
record,  except  such  as  arise  in  a  proceeding  in.  which  under  paragraph 
(b)  of  this  section  a  decision  of  the  arbitrator  or  committee  of  arbi- 
tration has  become  the  decision  of  the  Industrial  Commission.  Such 
writ  shall  be  issued  by  the  clerk  of  such  court  upon  praecipe.  Service 
upon  any  member  of  the  Industrial  Commission  or  the  secretary  thereof 
shall  be  service  on  the  commission  and  service  upon  other  parties  in- 
terested shall  be  by  scire  facias,  or  service  may  be  made  upon  said 
commission  and  other  parties  in  interest  by  mailing  notice  of  the  com- 
mencement of  the  proceedings  and  the  return  day  of  the  writ  to  the 
office  of  said  commission  and  the  last  known  place  of  residence  of  the 
other  parties  in  interest  at  least  ten  days  before  the  return  day  of  said 
writ.  Such  suit  by  writ  of  certiorari  shall  be  commenced  within  twenty 
days  of  the  receipt  of  notice  of  the  decision  of  the  commission. 

The  Industrial  Commission  shall  not  be  required  to  certify  the 
record  of  their  proceedings  to  the  Circuit  Court,  unless  the  party  com- 
mencing the  proceedings  for  review  in  the  Circuit  Court,  as  above  pro- 
vided, shall  pay  to  the  commission  the  sum  of  five  cents  per  one  hundred 
words  of  testimony  taken  before  said  commission  and  three  cents  per 
one  hundred  words  of  all  other  matters  contained  in  such  record. 

(2)  ISTo  such  writ  of  certiorari  shall  issue  unless  the  one  against 
whom  the  Industrial  Commission  shall  have  rendered  an  award  for  the 
payment  of  money  shall  upon  the  filing  of  his  praecipe  for  such  writ 
filed  with  the  clerk  of  said  court  a  bond  conditioned  that  if  he  shall  not 
successfully  prosecute  said  writ,  he  will  pay  the  said  award,  and  the  costs 
of  the  proceedings  in  said  court.  The  amount  of  the  bond  shall  be  fixed 
by  any  member  of  the  Industrial  Commission  and  the  surety  or  sureties 
on  said  bond  shall  be  approved  by  the  clerk  of  said  court. 

The  court  may  confirm  or  set  aside  the  decision  of  the  Industrial 
Commission.  If  the  decision  is  set  aside  and  the  facts  found  in  the 
proceedings  before  the  commission  are  sufficient,  the  court  may  enter 
such  decision  as  is  justified  by  law,  or  may  remand  the  cause  to  the 
Industrial  Commission  for  further  proceedings,  and  may  state  the  ques- 
tions requiring  further  hearing,  and  give  such  other  instructions  as  may 
be  proper. 

Judgments  and  orders  of  the  Circuit  Court  under  this  Act  shall  he 
reviewed  only  by  the  Supreme  Court  upon  a  writ  of  error  which  the 
Supreme  Court  in  its  discretion  may  order  to  issue,  if  applied  for  not 
Inter  than  the  second  day  of  the  first  term  of  the  Supreme  Court  fol- 
lowing the  rendition  of  the  Circuit  Court  judgment  or  order  sought  to  be 
reviewed,  provided  that  if  the  first  day  of  said  term  is  less  than  thirty 
days  from  the  rendition  of  said  judgment  or  order,  then  application  for 
said  writ  of  error  may  be  made  not  later  than  the  second  day  of  the 
second  term  following  the  rendition  of  said  judgment  or  order. 

The  writ  of  error  when  issued  shall  operate  as  a  supersedeas. 


EMPLOYMENT.  549 


The  bond  filed  with  the  praecipe  for  the  write  of  certiorari  as 
provided  in  this  paragraph  shall  operate  as  a  stay  of  the  judgment 
or  order  of  the  Circuit  Court  until  the  time  shall  have  passed  within 
which  an  application  for  a  writ  of  error  can  be  made,  and  until  the 
Supreme  Court  has  acted  upon  the  application  for  a  writ  of  error,  if 
such  application  is  made. 

The  decision  of  a  majority  of  the  members  of  a  committee  of 
arbitration  or  of  the  Industrial  Commission  shall  be  considered  the 
decision  of  such  committee  or  commission,  respectively. 

(g)  Either  party  may  present  a  certified  copy  of  the  decision 
of  the  Industrial  Commission,  when  no  proceedings  for  review  thereof 
have  been  taken,  or  of  the  decision  of  such  arbitrator  or  committee 
of  arbitration  when  no  claim  for  review  is  made,  or  of  the  decision 
of  the  Industrial  Commission  after  hearing  upon  review,  providing  for 
the  payment  of  compensation  according  to  this  Act,  to  the  Circuit 
Court  of  the  county  in  which  such  accident  occurred  or  either  of  the 
parties  are  residents,  whereupon  said  court  shall  render  a  judgment 
in  accordance  therewith;  and  in  case  where  the  employer  does  not 
institute  proceedings  for  review  of  the  decision  of  the  Industrial  Com- 
mission and  refuses  to  pay  compensation  according  to  the  award  upon 
which  such  judgment  is  entered,  the  court  shall,  in  entering  judgment 
thereon,  tax  as  costs  against  him  the  reasonable  costs  and  attorney 
fees  in  the  arbitration  proceedings  and  in  the  court  entering  the  judg- 
ment, for  the  person  in  whose  favor  the  judgment  is  entered,  which 
judgment  and  costs,  taxed  as  herein  provided  shall,  until  and  unless  set 
aside,  have  the  same  effect  as  though  duly  rendered  in  an  action  duly 
tried  and  determined  by  said  court,  and  shall,  with  like  effect,  be  entered 
and  docketed.  The  Circuit  Court  shall  have  power,  at  any  time,  upon 
application,  to  make  any  such  judgment  conform  to  any  modification 
required  by  any  subsequent  decision  of  the  Supreme  Court  upon  appeal, 
or  as  the  result  of  any  subsequent  proceedings  for  review,  as  provided 
in  this  Act. 

Judgment  shall  not  be  entered  until  fifteen  days'  notice  of  the  time 
and  place  of  the  application  for  the  entry  of  judgment  shall  be  served 
upon  the  employer  by  filing  such  notice  with  the  Industrial  Commission 
which  commission  shall,  in  case  it  has  on  file  the  address  of  the  employer 
or  the  name  and  address  of  its  agent,  upon  whom  notices  may  be  served, 
immediately  send  a  copy  of  the  notice  to  the  employer  or  such  designated 
agent ;  and  no  judgment  shall  be  entered  in  the  event  the  employer  shall 
file  with  the  said  commission  its  bond,  with  good  and  sufficient  surety 
in  double  the  amount  of  the  award,  conditioned  upon  the  payment  of 
said  award  in  the  event  the  said  employer  shall  fail  to  prosecute  with 
effect  proceedings  for  review  of  the  decision  or  the  said  decision,  upon 
review,  shall  be  affirmed. 

(h)  An  agreement  or  award  under  this  Act,  providing  for  com- 
pensation in  installments,  may  at  any  time  within  eighteen  months 
after  such  agreement  or  award  be  reviewed  by  the  Industrial  Com- 
mission at  the  request  of  either  the  employer  or  the  employee,  on  the 
ground  that  the  disability  of  the  employee  has  subsequently  recurred. 


550  EMPLOYMENT. 


increased,  diminished  or  ended;  and  on  such  review,  compensation  pay- 
ments may  be  re-established,  increased,  diminished  or  ended:  Pro- 
vided, that  the  commission  shall  give  fifteen  days'  notice  to  the  parties 
of  the  hearing  for  review:  And  provided  further,  any  employee,  upon 
any  petition  for  such  review  being  filed  by  the  employer,  shall  be  entitled 
to  one  day's  notice  for  each  one  hundred  miles  necessary  to  be  traveled 
by  him  in  attending  the  hearing  of  the  commission  upon  said  petition 
and  three  days  in  addition  thereto,  and  such  employee,  shall,  at  the 
discretion  of  the  commission,  also  be  entitled  to  five  cents  per  mile, 
necessarily  traveled  by  him  in  attending  such  hearing  not  to  exceed  a 
distance  of  300  miles,  to  be  taxed  by  the  commission  as  costs  and  de- 
posited with  the  petition  of  the  employer. 

(i)  Each  party,  upon  taking  any  proceedings  or  steps  whatsoever 
before  any  arbitrator,  committee  of  arbitration,  Industrial  Commis- 
sion or  court,  shall  file  with  the  Industrial  Commission  his  address, 
or  the  name  and  address  of  an  agent  upon  whom  all  notices  to  be 
given  to  such  party  shall  be  served,  either  personally  or  by  registered 
mail  addressed  to  such  party  or  agent  at  the  last  address  so  filed  with 
the  Industrial  Commission :  Provided,  that  in  the  event  such  party  has 
not  filed  his  address,  or  the  name  and  address  of  an  agent,  as  above 
provided,  service  of  any  notice  may  be  had  by  filing  such  notice  with 
the  Industrial  Commission. 

(j)  Whenever  in  any  proceeding  testimony  has  been  taken  or  a 
final  decision  has  been  rendered,  and  after  the  taking  of  such  testi- 
mony, or  after  such  decision  has  become  final,  the  injured  employee 
dies,  then  in  any  subsequent  proceeding  brought  by  the  personal  repre- 
sentative or  beneficiaries  of  the  deceased  employee,  such  testimony  in 
the  former  proceeding  may  be  introduced  with  the  same  force  and  effect 
as  though  the  witness  having  so  testified  were  present  in  person  in  such 
subsequent  proceeding  and  such  final  decision,  if  any  shall  be  taken  as 
a  final  adjudication  of  any  of  the  issues  which  are  the  same  in  both 
proceedings. 

(k)  In  any  case  where  there  has  been  any  unreasonable  or  vexa- 
tious delay  of  payment  or  intentional  underpayment  of  compensation,  or 
proceedings  have  been  instituted  or  carried  on  by  the  one  liable  to  pay 
the  compensation,  which  do  not  present  a  real  controversy,  but  are  merely 
frivolous  or  for  delay,  then  the  commission  may  award  compensation 
additional  to  that  otherwise  payable  under  this  Act  equal  to  fifty  per- 
centnm  of  the  amount  payable  at  the  time  of  such  award. 

§  21.  No  payment,  claim,  award  or  decision  under  this  Act  shall 
be  assignable  or  subject  to  any  lien,  attachment  or  garnishment,  or  be 
held  liable  in  any  way  for  any  lien,  debt,  penalty  or  damages.  A  de- 
cision or  award  of  the  Industrial  Commission  against  an  employer  for 
compensation  under  this  Act,  or  a  written  agreement  by  an  employer 
to  pay  such  compensation  shall,  upon  the  filing  of  a  certified  copy  of 
the  decision  or  said  agreement,  as  the  case  may  be,  with  the  recorder 
of  deeds  of  the  county,  constitute  a  lien  upon  all  property  of  the  em- 
ployer within  said  county,  paramount  to  all  other  claims  or  liens,  ex- 
cept mortgages,  trust  deeds,  or  for  wages  or  taxes,  and  such  liens  may 


EMPLOYMENT.  551 


be  enforced  in  the  maimer  provided  for  the  foreclosure  of  mortgages 
under  the  laws  of  this  State.  Any  right  to  receive  compensation  here- 
under shall  be  extinguished  by  the  death  of  the  person  or  persons  en- 
titled thereto,  subject  to  the  provisions  of  this  Act  relative  to  compen- 
sation for  death  received  in  the  course  of  employment :  Provided,  that 
upon  the  death  of  a  benficiary,  who  is  receiving  compensation  provided 
for  in  section  7,  leaving  surviving  a  parent,  sister  or  brother  of  the  de- 
ceased employee,  at  the  time  of  his  death  dependent  upon  him  for  sup- 
port, who  were  receiving  from  such  beneficiary  a  contribution  to  sup- 
port, then  that  proportion  of  the  compensation  of  the  beneficiary  which 
would  have  been  paid  but  for  the  death  of  the  benificiary,  but  in  no 
event  exceeding  said  unpaid  compensation,  Avhich  the  contribution  of 
the  beneficiary  to  the  dependent's  support  within  one  year  prior  to  the 
death  of  the  beneficiary  bears  to  the  compensation  of  the  beneficiary 
within  that  year,  shall  be  continued  for  the  benefit  of  such  dependents, 
notwithstanding  the  death  of  the  beneficiary. 

§  24.  No  proceedings  for  compensation  under  this  Act  shall  be 
maintained  unless  notice  of  the  accident  has  been  given  to  the  em- 
ployer as  soon  as  practicable,  but  not  later  than  30  days  after  the  ac- 
cident. In  cases  of  mental  incapacity  of  the  employee,  notice  must  be 
given  within  six  months  after  such  accident.  No  defect  or  inaccuracy 
of  such  notice  shall  be  a  bar  to  the  maintenance  of  proceedings  by  arbi- 
tration or  otherwise  by  the  employee,  unless  the  employer  proves  that 
he  is  unduly  prejudiced  in  such  proceedings  by  such  defect  or  inac- 
curacy. Notice  of  the  accident  shall  state  the  name  and  address  of  the 
employee  injured,  the  approximate  date  and  place  Of  the  accident,  if 
known,  and  in  simple  language  the  cause  thereof;  which  notice  may  be 
served  personally  or  by  registered  mail,  addressed  to  the  employer  at 
his  last  known  residence  or  place  of  business :  Provided,  that  the  failure 
on  the  part  of  any  person  entitled  to  such  compensation  to  give  such 
notice  shall  not  relieve  the  employer  from  his  liability  for  such  com- 
pensation, when  the  facts  and  circumstances  of  such  accident  are  known 
to  such  employer,  his  agent  or  vice  principal  in  the  enterprise.  No 
proceedings  for  compensation  under  this  Act  shall  be  maintained  unless 
claim  for  compensation  has  been  made  within  six  months  after  the  ac- 
cident, or  in  the  event  that  payments  have  been  made  under  the  pro- 
visions of  this  Act  unless  written  claim  for  compensation  has  been  made 
within  six  months  after  such  payments  have  ceased  and  a  receipt  there- 
for or  a  statement  of  the  amount  of  compensation  paid  shall-  have  been 
'filed  with  the  commission:  Provided,  that  no  employee  who  after  the 
accident  returns  to  the  emplo}anent  of  the  employer  in  whose  services 
he  was  injured  shall  be  barred  for  failure  to  make  such  claim  if  an 
application  for  adjustment  of  such  claim  is  filed  with  the  Industrial 
Commission  within  eignteen  months  after  he  returns  to  such  employ- 
ment and  the  said  commission  shall  give  notice  to  the  employer  of  the 
filing  of  such  application  in  the  manner  provided  in  this  Act. 

§  26.  (a)  Any  employer  who  shall  come  within  the  provisions 
of  section  3  of  this  Act,  and  any  other  employer  who  shall  elect  to  pro- 
vide and  pay  the  compensation  provided  for  in  this  Act  shall : 


552  EMPLOYMENT. 


(1)  .  File  with  the  commission  a  sworn  statement  showing  his 
financial  ability  to  pay  the  compensation  provided  for  in  this  Act,  or 

(2)  Furnish  security,  indemnity  or  a  bond  guaranteeing  the 
payment  by  the  employer  of  the  compensation  provided  for  in  this 
Act,  or 

(3)  Insure  to  a  reasonable  amount  his  liability  to  pay  such  com- 
pensation in  some  corporation  or  organization  authorized,  licensed  or 
permitted  to  do  such  insurance  business  in  this  State,  or 

(4)  Make  some  other  provisions  for  the  securing  of  the  payment 
of  compensation  provided  for  in  this  Act,  and 

(5)  Upon  becoming  subject  to  this  Act  and  thereafter  as  often 
as  the  commission  may  in  writing  demand,  file  with  the  Commission 
in  form  prescribed  by  it  evidence  of  his  compliance  Avith  the  provisions 
of  this  paragraph. 

(b)  The  sworn  statement  of  financial  ability,  or  security,  in- 
demnity or  bond,  or  amount  of  insurance,  or  other  provision,  filed,  fur- 
nished, carried,  or  made  by  the  employer,  as  the  case  may  be,  shall  be 
subject  to  the  approval  of  the  commission,  upon  the  approval  of  which, 
the  commission  shall  send  to  the  employer  written  notice  of  its  approval 
thereof.  The  filing  with  the  commission  of  evidence  of  compliance  with 
paragraph  (a)  of  this  section  as  therein  provided  shall  constitute  such 
compliance  until' ten  days  after  written  notice  to  the  employer  of  the 
disapproval  by  the  commission. 

(c)  Whenever  the  Industrial  Commission  shall  find  that  any  cor- 
poration, company,  association,  aggregation  of  individuals,  or  other 
insurer  affecting  workmen's  compensation  insurance  in  this  State  shall 
be  insolvent,  financially  unsound,  or  unable  to  fully  meet  all  payments 
and  liabilities  assumed  or  to  be  assumed  for  compensation  insurance 
in  this  State,  or  shall  practice  a  policy  of  delay  or  unfairness  toward 
employees  in  the  adjustment,  settlement,  or  payment  of  benefits  due 
such  employees,  the  said  Industrial  Commission  may  after  reasonable 
notice  and  hearing  order  and  direct  that  such  corporation,  company, 
association,  aggregation  of  individuals,  or  insurer,  shall  from  and  after 
a  date  fixed  in  such  order  discontinue  the  writing  of  any  such  work- 
men's compensation  insurance  in  this  State.  Subject  to  such  modifica- 
tion of  said  order  as  the  commission  may  later  make  on  review  of  said 
order,  as  herein  provided,  it  shall  thereupon  be  unlawful  for  any  such 
corporation,  company,  association,  aggregation  of  individuals,  or  in- 
surer to  effect  any  workmen's  compensation  insurance  in  this  State. 
Any  such  order  made  by  said  Industrial  Commission  shall  be  subject 
to  review  by  the  courts,  as  in  the  case  of  other  orders  of  said  Industrial 
Commission,  provided  that  upon  said  review  the  Circuit  Court  shall 
have  power  to  review  all  questions  of  fact  as  well  as  of  law. 

(d)  The  failure  or  neglect  of  an  employer  to  comply  with  the 
provisions  of  paragraph  (a)  of  this  section  shall  be  deemed  a  mis- 
demeanor punishable  by  a  fine  equal  to  ten  cents  per  each  employee 
of  such  employer,  at  the  time  of  such  failure  or  neglect,  but  not  less 
than  one  dollar  nor  more  than  fifty  dollars,  for  each  day  of  such  re- 
fusal or  neglect  until  the  same  ceases.  Each  day  of  such  refusal  or 
neglect  shall  constitute  a  separate  offense. 


FEES    AND    SALARIES.  553 


§  28.  In  the  event  the  employer  does  not  pay  the  compensation 
for  which  he  is  liable,  then  an  insurance  company,  association  or  in- 
surer which  may  have  insured  such  employer  against  such  liability  shall 
become  primarily  liable  to  pay  to  the  employee,  his  personal  repre- 
sentative or  beneficiary  the  compensation  required  by  the  provisions  of 
this  Act  to  be  paid  by  such  employer.  The  insurance  carrier  may  be 
made  a  party  to  the  proceedings  to  which  the  employer  is  a  party  and 
an  award  may  be  entered  jointly  against  the  employer  and  the  insur- 
ance carrier. 

§  31.  Any  one  engaging  in  any  business  or  enterprise  referred 
to  in  sub-sections  1  and  2  of  section  3  of  this  Act  who  undertakes  to 
do  any  work  enumerated  therein,  shall  be  liable  to  pay  compensation 
to  his  own  immediate  employees  in  accordance  with  the  provisions  of 
this  Act,  and  in  addition  thereto  if  he  directly  or  indirectly  engages 
any  contractor  whether  principal  or  sub-contractor  to  do  any  such  work, 
he  shall  be  liable  to  pay  compensation  to  the  employees  of  any  such 
contractor  or  sub-contractor  unless  such  contractor  or  sub-contractor 
shall  have  insured,  in  any  company  or  association  authorized  under  the 
laws  of  this  State  to  insure  the  liability  to  pay  compensation  under 
this  Act,  or  guaranteed  his  liability  to  pay  such  compensation. 

In  the  event  any  such  person  shall  pay  compensation  under  this 
section  he  may  recover  the  amount  thereof  from  the  contractor  or  sub- 
contractor, if  any,  and  in  the  event  the  contractor  shall  pay  compensa- 
tion under  this  section  he  may  recover  the  amount  thereof  from  the 
sub-contractor,  if  any. 

This  section  shall  not  apply  in  any  case  where  the  accident  occurs 
elsewhere  than  on,  in  or  about  the  immediate  premises  on  which  the 
principal  has  contracted  that  the  work  shall  be  done. 

Approved  June  28,  1919. 


FEES  AND  SALAEIES. 


CIRCUIT  AND   SUPERIOR  JUDGES. 

§   1.     Amends  section  3,  Act  of  1872.  §   3.     Judges  of  Cook  County  to 

receive      annual     salary 
of    $6,500.00. 

(House   Bill   No.    97.     Approved    June    16,    1919.) 

An  Act  to  amend  section  8  of  an  Act  entitled,  "An  Act  concerning 
fees  and  salaries  and  to  classify  the  several  counties  of  this  State 
with  reference  thereto/'  approved  March  29,  1872,  in  force  Jul;/  1, 
1872,  and  as  the  same  has  been  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  3  of  an  Act  en- 
titled, "An  Act  concerning  fees  and  salaries,  and  to  classify  the  several 
counties  of  this  State  with  reference  thereto,"  approved  March  29, 
1872,  in  force  July  1,  1872,  as  the  same  has  been  subsequently  amended 
be  and  the  same  is  hereby  amended  to  read  as  follows : 

§  3.  That  each  judge  of  the  Circuit  Courts  of  this  State  and 
each  judge  of  the  Superior  Court  of  Cook  County,  who  shall  be  elected 


554:  FEES    AND    SALARIES. 


on  or  after  the  first  Monday  in  June,  A.  D.  1919,  shall  receive  and 
be  paid  out  of  the  State  treasury  of  this  State  an  annual  salary  of  six 
thousand  five  hundred  dollars  ($6,500)  :  Provided,  that  such  provision 
shall  not  apply  to  any  judge  elected  or  appointed  to  serve  an  unex- 
pired term  which  began  prior  to  said  first  Monday  of  June,  A.  D. 
1919;  and,  provided,  further,  that  the  provisions  of  this  Act  shall  not 
prevent  the  payment  of  such  additional  compensation  to  the  judges 
of  the  Circuit  and  Superior  Courts  of  Cook  County  out  of  the  treasury 
of  said  county  as  is  or  may  be  provided  by  law. 
Approved  June  16,  1919. 

CORONERS. 

§    1.     Amends  section  26,  Act  of  1872.  §   26.     Coroner — inquests — when 

acting   as   sheriff. 

(Senate  Bill  No.  151.     Approved  June  24,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  concerning  fees  and  salaries, 
and  to  classify  the  several  counties  of  this  State  with  reference  there- 
to/' approved  March  29,  1872,  in  force  July  1,  1872,  as  amended,  by 
amending  section  26  thereof. 

Section  1.  Be  it  enacted  oy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
concerning  fees  and  salaries,  and  to  classify  the  several  counties  of 
this  State  with  reference  thereto,"  approved  March  29,  1872,  in  force 
July  1,  1872,  as  amended,  is  hereby  amended  by  amending  section  26 
thereof  to  read  as  follows: 

§  26.  For  holding  an  inquest  over  a  dead  body,  when  required  by 
law,  in  counties  of  first  and  second  class,  fifteen  dollars;  in  counties  of 
third  class,  five  dollars.  For  summoning  the  jury,  one  dollar,  in  all 
counties. 

For  burial  expenses,  in  counties  of  first  class,  fifteen  dollars;  in 
counties  of  second  class,  twelve  dollars;  in  counties  of  third  class,  ten 
dollars. 

All  of  which  fees  shall  be  certified  by  the  court,  and  paid  out  of 
the  treasury  when  the  same  cannot  be  collected  out  of  the  estate  of 
the  deceased. 

And  whenever  the  coroner  shall  be  required  by  law  to  perform  any 
of  the  duties  appertaining  to  the  office  of  the  sheriff,  he  shall  be  en- 
titled to  the  like  fees  and  compensation  as  shall  be  at  the  time  being 
allowed  by  law  to  the  sheriff  for  the  performance  of  similar  services. 

Approved  June  24,  1919. 

COUNTY  OFFICERS. 

§    1.      Amends  section  14,  Act  of  1872.  §   14.     Fees   of   county   officers. 

(House  Bill  No.   159.     Approved  June  28,   1919.) 

An  Act  to  amend  section  IJf  of  an  Act  entitled,  "An  Act  concerning! 
fees  and  salaries,  and  to  classify  the  several  counties  of  this  State 
with  reference  thereto,"  approved  March  29,  1872,  in  force  July  1, 
1872,  as  amended, 

Section  1.     Be  it  enacted  oy  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     Section  14  of  an  Act  entitled 


FEES    AND   8ALAEIE8.  555 


"An  Act  concerning  fees  and  salaries,  and  classify  the  several  counties 
of  this  State  with  reference  thereto"  approved  March  29,  1872,  in 
force  July.'l,  1872,  as  amended,  is  amended  to  read  as  follows: 

§  14.  The  fees  of  the  clerk  of  the  Circuit  Court  in  counties  of 
the  first  and  second  class  shall  be  paid  in  advance,  except  as  herein 
provided,  and  shall  be  as  follows : 

For  each  judgment  by  confession  in  vacation  or  in  term  time,  $5.00. 

In  each  case  of  appeal  from  or  petition  for  a  writ  of  certiorari  to 
a  justice  of  the  peace  or  any  court  of  record  and  in  each  case  of  a  change 
of  venue  from  a  court  of  record,  $5.00. 

In  each  case  of  transcript  of  a  judgment  from  a  justice  of  the 
peace  or  a  court  of  record  for  the  purpose  of  creating  a  lien,  including 
one  execution,  $5.00. 

In  each  case  for  the  exercise  of  eminent  domain,  $20.00 ;  and  also 
$10.00  for  each  and  every  lot  or  tract  of  land  or  right  or  interest  there- 
in subject  to  be  condemned,  the  damages  in  respect  to  which  shall  re- 
quire separate  assessments  by  the  jury. 

In  each  other  civil  action  at  common  law,  $10.00. 

In  each  cause  in  chancery  for  divorce  or  separate  maintenance,  in- 
cluding injunctions,  $8.00. 

In  each  suit  for  partition,  $15.00. 

In  each  other  chancery  case,  $10.00. 

In  each  criminal  case,  but  not  in  advance,  $5.00. 

In  each  petition  for  a  writ  of  habeas  corpus,  $5.00. 

If  any  cause  shall  be  remanded  to  the  Circuit  Court  from  the 
Supreme  Court  or  Appellate  Court,  the  clerk  shall  be  entitled  to  the 
same  fee  before  the  filing  of  the  remanding  order  and  the  reinstating 
of  the  cause  as  if  it  were  the  commencement  of  a  new  suit. 

For  issuing  each  execution  after  the  first,  $1.00. 

For  issuing  a  procedendo,  25c. 

For  each  record  of  proceedings  and  judgment  or  decree,  whether 
on  appeal,  error  or  change  of  venue,  certified  copies  of  orders  and  de- 
crees, and  all  other  instruments,  20c  for  each  one  hundred  words. 

For  comparing  a  bill  of  exceptions  or  a  certificate  of  evidence, 
3c  for  each  one  hundred  words. 

For  recording  decrees,  reports  of  a  master,  receivers,  trustees,  com- 
missioners or  a  commissioner,  or  other  like  officers,  15c  for  each  100 
words :  Provided,  however,  there  shall  be  no  charge  for  recording  the 
first  1,500  words  of  any  decree. 

In  all  cases  except  criminal  cases  wherein  the  same  are  dismissed 
or  settled  without  trial  at  the  term  to  which  process  is  made  returnable, 
one-half  the  fees  provided  in  foregoing  shall  be  refunded. 

For  taking  deposition  and  certifying  and  sealing  the  same,  15c 
for  each  one  hundred  words. 

For  taking  the  acknowledgement  of  a  deed  or  other  instrument  in 
writing  with  seal,  25c. 

Any  person  desiring  to  bring  a  suit  or  to  file  .papers  upon  an  ap- 
peal or  certiorari  or  change  of  venue,  as  a  poor  person,  shall  first  file 
a  motion  for  leave  to  do  so,  supported  by  an  affidavit  describing  in 
detail  all   property,  real   and   personal,   which  he  owns.     Such  motion 


556  FEES   AND    SALARIES. 


shall  be  heard  by  the  court  in  term  time  or  by  a  judge  thereof  in  vaca- 
tion, or  by  a  master  in  chancery  if  no  judge  be  present  in  the  county, 
and  the  proposed  plaintiff  may  be  orally  examined  under  oath,  and 
if  such  court,  judge  or  master  finds  that  said  proposed  plaintiff  is  a 
poor  person  and  unable  to  prosecute  such  suit  and  pay  the  costs  and 
expenses  thereof,  an  order  shall  be  entered  permitting  him  to  begin 
and  prosecute  such  suit  without  paying  in  advance  the  fee  herein  speci- 
fied therefor.  Such  order  shall  be  subject  to  review  in  term  time  on 
motion.  If  the  defendant  shall  settle  or  compromise  such  suit,  or  pay 
or  deliver  to  plaintiff  or  his  counsel  any  money  or  valuable  thing  be- 
cause of  such  suit,  without  causing  such  fee  to  be  paid  to  the  clerk  of 
the  court,  the  court  may  enter  an  order  that  the  defendant  pay  such 
fee,  and  the  same  shall  be  collected  from  the  defendant  upon  a  fee  bill 
to  be  issued  by  the  clerk  to  the  sheriff  therefor. 

The  fees  of  the  clerk  of  the  Circuit  Court  when  he  is  also  ex- 
offfcio  recorder  of  deeds  of  his  county,  shall  be  paid  in  advance  and 
shall  be  as  follows : 

For  recording  each  deed  or  other  instrument  in  writing,  15c  for 
each  hundred  words. 

Each  certificate  by  such  recorder  of  the  recording  of  the  deed  or 
other  writing  and  of  the  date  of  recording  the  same  signed  by  such 
clerk  and  ex-officio  recorder  shall  be  sufficient  evidence  of  the  recording 
thereof,  and  for  such  certificate  including  the  indexing  of  the  record,  the 
fee  shall  be  25c. 

For  a  certified  copy  of  a  record,  the  same  fee  as  for  recording. 

"For  entering  each  tract  in  entry  book  of  conveyances,  in  counties 
of  the  first  class,  10c,  and  counties  of  the  second  class,  5c,  and  for  en- 
tering each  tract  of  land  or  town  lot  made  in  any  one  deed  above  five, 
in  the  entry  book,  5c  in  counties  of  the  first  and  second  class." 

For  recording  every  city,  town,  or  assessor's  plat,  for  each  lot  or 
tract  of  land  included  in  said  plat,  10c,  when  the  number  of  lots  does 
not  exceed  twenty,  and  for  each  additional  lot  5c,  and  for  the  certificates 
attached  thereto  the  same  fee  as  for  recording  other  instruments. 

For  each  attestation  of  a  release  or  an  assignment  of  an  instru- 
ment on  the  margin  of  the  record  thereof  and  for  indexing  the  same 
in  the  book  kept  for  that  purpose,  25c. 

Approved  June  24,  1919. 


COUNTY  OFFICERS. 

§   1.     Amends  section  3,  Act  of  1905.  §    3.     Fees  —  sheriff  —  recorder 

— county    clerk. 

(Senate  Bill  No.   146.     Approved  June  24,   1919.) 

An  Act  to  amend  an  Act  entitled:  "An  Act  to  provide  for  the  fees  of 
certain  officers  therein  named  in  counties  of  the  third  class,  to-wit: 
Sheriff,  recorder  and  county  clerk"  approved  May  16,  1905,  in  force 
July  1,  1905,  by  amending  section  three  (3)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  3  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  fees  of  certain  officers  therein  named 


FEES    AND    SALARIES.  557 


in  counties  of  the  third  class  to-wit :  Sheriff,  recorder  and  county 
clerk"  approved  May  16,  1905,  in  force  July  1,  1905,  is  hereby  amended 
to  read  as  follows : 

§  3.  For  each  license  and  taking  bond  for  ferry,  toll  bridge,  turn- 
pike road,  tavern,  saloon,  grocery  or  peddler,  two  dollars. 

For  issuing  each  marriage  license,  sealing,  filing,  and  recording  the 
same,  and  the  certificate  thereto  (one  charge)  one  dollar,  and  fifty 
cents. 

For  each  copy  of  rates  for  ferry,  toll-bridge  or  turn  pike  road, 
twenty-five  cents. 

For  taking  and  certifying  to  the  acknowledgment  of  a  deed,  power 
of  attorney,  or  other  writing  and  sealing  the  same,  twenty-five  cents. 

For  filing  certificates  in  case  of  estrays,  entering  the  same  and  fur- 
nishing notices  for  publication  thereof  (one  charge),  seventy-five  cents. 

For  recording  all  papers  and  documents  required  by  law  to  be 
recorded  in  the  office  of  the  county  clerk,  for  every  one  hundred  words, 
ten  cents. 

For  swearing  any  person  to  an  affidavit,  not  to  be  used  in  a  case  in 
the  court  of  which  he  is  a  clerk,  with  certificate  and  seal,  twenty-five 
cents. 

For  certificate  and  seal,  not  in  a  case  in  a  court  whereof  he  is  clerk, 
twenty-five  cents. 

For  making  and  certifying  a  copy  of  any  record  or  paper  in  his 
office,  for  every  one  hundred  words,  ten  cents. 

For  filing  papers  in  his  office,  for  each  paper  filed,  ten  cents. 

For  making  transcript  of  taxable  property  for  the  assessors,  three 
cents;  for  each  tract  of  land  or  town  lot,  and  for  extending  other  than 
State  and  county  taxes,  three  cents  for  each  tax  on  each  tract  or  lot,  and 
each  person's  personal  tax,  to  be  paid  by  the  authority  for  whose  benefit 
the  transcript  is  made,  and  the  taxes  extended.  And  it  shall  be  the 
duty  of  the  county  clerk  to  certify  to  the  county  collector  the  amount  due 
from  each  authority,  and  the  collector,  in  his  settlement  with  such 
authority,  shall  reserve  such  amount  from  the  amount  due  and  payable 
by  him  to  such  authority. 

For  adding  and  bringing  forward  with  current  tax  warrants, 
amounts  due  for  forfeited  or  withdrawn  special  assessments,  for  each  lot 
or  tract  of  land  described  and  transcribed,  three  cents;  for  computing 
and  extending  each  assessment  or  installment  thereof,  and  interest,  three 
cents  on  each  description  and  for  computing  and  extending  each  pen- 
alty, three  cents,  on  each  description.  Said  fees  to  be  paid  by  the  city, 
village,  or  taxing  body  for  whose  benefit  the  transcript  is  made,  and  the 
assessment  and  penalties  are  extended,  and  it  shall  be  the  duty  of  the 
county  clerk  to  certify  to  the  county  collector  the  amount  due  from  each 
city,  village  or  taxing  body  and  the  collector  in  his  settlement  with  such 
taxing  body  shall  reserve  such  amount  from  the  amount  due  and  pay- 
able by  him  to  such  city,  village  or  other  taxing  body. 

For  cancelling  certificates  of  sale,  for  each  tract  or  lot,  twenty-five 
cents. 


558  PEES    AND    SALARIES. 


For  certificates  of  deposit  for  redemption,  seventy-five  cents;  and 
for  furnishing  estimate  of  cost  of  redemption  (when  deposit  for  redemp- 
tion is  not  made  at  the  time  of  furnishing  estimate)  twenty-five  cents. 

For  noting  on  collectors'  warrants  tax  sales  subject  to  redemption, 
for  each  tract  or  lot  of  land,  ten  cents.  Said  fee  of  ten  cents,  to  be  paid 
by  either  the  person  making  redemption  from  tax  sale,  the  person  sur- 
rendering the  certificate  of  sale  for  cancellation  or  the  person  taking  out 
tax  deed. 

For  nothing  [noting]  on  collectors'  warrant  special  assessment  with- 
drawn from  collection,  for  each  tract  or  lot  of  land,  ten  cents.  Said  fee 
of  ten  cents  to  be  charged  against  the  lot  assessed  in' the  withdrawn 
special  assessment,  when  brought  forward  with  current  tax  warrant,  and 
it  shall  be  the  duty  of  the  county  clerk  to  certify  to  the  county  collector 
the  amount  due  from  each  city,  village  or  taxing  body  for  such  fees,  each 
year,  and  the  county  collector  in  his  settlement  which  such  taxing  body 
shall  reserve  such  amount  from  the  amount  due  and  payable  by  him 
to  such  taxing  body. 

For  taking  and  approving  official  bond  of  a  constable,  justice  of 
peace,  police  magistrate  or  town  assessor,  filing  and  recording  same,  and 
issuing  certificate  of.  election  or  qualification  to  such  official  or  to  the 
Secretary  of  State,  one  dollar,  to  be  paid  by  the  officer-elect. 

For  certified  copies  of  plats,  ten  cents  for  each  lot  shown  in  copy. 

For  tax  search  and  issuing  statement  regarding  same  on  new  plats 
to  be  recorded,  fifty  cents. 

The  following  fees  shall  be  allowed  for  services  in  matters  of  taxes 
and  assessments,  and  shall  be  charged  as  costs  against  the  delinquent 
property,  and  collected  with  the  taxes  thereon : 

For  entering  judgment,  for  each  tract  or  lot,  three  cents. 

For  services  in  attending  the  tax  sales,  and  issuing  certificates  of 
sales,  and  sealing  the  same,  for  each  tract  or  lot,  twenty-five  cents. 

For  making  list  of  delinquent  lands  and  town  lots  sold,  to  be  filed 
with  the  State  Auditor,  for  each  tract  or  lot  sold,  five  cents. 

The  following  fees  shall  be  audited  and  allowed  by  the  board  of 
county  commissioners  and  paid  from  the  county  treasurer. 

For  computing  and  extending  State  or  county  taxes  on  each  descrip- 
tion of  real  estate  and  each  person's,  firm's  or  corporation's  personal 
property  tax,  for  each  extension  of  each  tax,  three  cents,  which  shall 
include  the  transcribing  of  the  collectors'  books. 

For  making  duplicate  or  triplicate  sets  of  books  containing  tran- 
scripts of  taxable  property  for  board  of  assessors  and  board  of  review, 
three  cents,  for  each  description  written  in  each  book. 

For  filing,  indexing  and  recording  or  binding  each  birth,  death,  or 
still-birth  certificate  or  report,  ten  cents,  which  fee  shall  be  in  full  for 
all  services  in  connection  therewith,  including  the  keeping  of  accounts, 
with  district  registrars. 

For  posting  new  subdivisions  or  plats,  in  official  atlases  ten  cents 
for  each  lot. 


FEES    AND    SALARIES.  559 


For  compiling  new  sheets  for  atlases,  fifteen  cents  for  each  lot. 

For  compiling  new  atlases  (including  necessary  record  searches) 
twenty  cents  for  each  lot. 

For  investigating  and  reporting  on  each  new  plat,  referred  to 
county  clerk  by  the  county  board,  one  dollar. 

For  title  search  necessary  in  investigating  claims  for  exemption 
from  taxes,  twenty-five  cents. 

For  attending  sessions  of  the  board  of  county  commissioners  or 
committees  thereof,  five  dollars  per  day,  for  each  clerk  in  attendance. 

For  recording  proceedings  of  the  board  of  county  commissioner.s 
fifteen  cents  per  one  hundred  words. 

For  filing  papers  which  must  be  kept  in  office  of  comptroller,  of 
Cook  County,  for  each  paper  filed,  ten  cents. 

For  filing  and  indexing  contracts,  bonds,  communications,  etc. 
which  must  be  kept  in  office  of  comptroller,  Cook  County!,  fifteen  cents 
for  each  document. 

For  swearing  any  person  to  necessary  affidavits  relating  to  the  cor- 
rectness of  claims  against  the  county,  twenty-five  cents. 

For  issuing  warrants  in  payment  of  salaries,  supplies  and  other 
accounts,  and  all  necessary  auditing  and  bookkeeping  work  in  connec- 
tion therewith,  ten  cents  each. 

No  fees  shall  be  allowed  to  the  county  clerk  for  duties  in  conducting 
elections,  making  election  returns,  and  abstracts  of  votes,  or  for  other 
county  business,  not  otherwise  provided  for  in  this  Act.  But  the  board 
of  county  commissioners  shall  allow  for  such  services  an  ex-officio  fee,  in 
the  sum  of  nine  thousand  dollars  per  annum,  when  needed.  But  in  no 
event  should  the  compensation  allowed  to  the  county  clerk  for  his 
services  exceed  the  amount  otherwise  provided  by  law. 

Approved  June  24,  1919. 


COUNTY    SUPERINTENDENTS    OP    SCHOOLS. 
§   1.     Amends  section  27,  Act  of  1872.  §   27.     Compensation. 

(Senate  Bill  No.  162.     Filed  July  11,  1919.) 

An  Act  to  amend  section  27  of  an  Act  entitled:  "An  Act  concerning 
fees  and  salaries  and  to  classify  the  several  counties  of  this  State  with 
reference  thereto"  approved  March  29,  1872,  in  force  July  1,  1872, 
as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  27  of  an  Act  entitled: 
"An  Act  concerning  fees  and  salaries  and  to  classify  the  several  counties 
of  this  State  with  reference  thereto,"  approved  March  29,  1872,  in  force 
July  1,  1872,  as  amended,  is  amended  to  read  as  follows : 

§  27.  County  superintendents  of  schools  who  shall  enter  upon  the 
discharge  of  their  duties  after  July  1,  1919,  shall  receive  for  their 
services  in  counties  which,  according  to  the  census  of  1910,  contained  a 
population  not  exceeding  twelve  thousand,  $1,900  per  annum;  in  coun- 
ties which,  according  to  the  census  of  1910,  contained  a  population  of 
more  than  twelve  thousand,  and  not  exceeding  twenty  thousand,  $2,100 


560  FEES    AND    SALARIES. 


per  annum;  in  counties  which,  according  to  the  census  of  1910,  con- 
tained a  population  of  more  than  twenty  thousand,  and  not  exceeding 
twenty-eight  thousand,  $2,400  per  annum;  in  counties  which,  according 
to  the  census  of  1910,  contained  a  population  of  more  than  twenty-eight 
thousand,  and  not  exceeding  thirty-six  thousand,  $2,600  per  annum;  in 
counties  which,  according  to  the  census  of  1910,  contained  a  population 
of  more  than  thirty-six  thousand,  and  not  exceeding  fifty  thousand, 
$2,800  per  annum;  in  counties  which  according  .to  the  census  of  1910, 
contained  a  population  of  more  than  fifty  thousand,  and  not  exceeding 
seventy-five  thousand,  $3,000  per  annum;  in  counties  which,  according 
to  the  census  of  1910,  contained  a  population  of  more  than  seventy-five 
thousand,  and  not  exceeding  five  hundred  thousand,  $3,400  per  annum; 
and  in  counties  which,  according  to  the  census  of  1910,  contained  a 
population  of  more  than  five  hundred  thousand,  $9,000  per  annum, 
payable  quarterly  from  the  State  school  fund :  Provided,  however,  that 
the  board  of  supervisors  or  board  of  county  commissioners  may  allow 
additional  compensation  for  such  services,  payable  quarterly  from  the 
county  treasury.  The  Auditor  in  making  his  warrant  to  any  county  for 
the  amount  due  it  from  the  State  school  fund,  shall  deduct  from  it  the 
several  amounts  for  which  warrants  have  been  issued  to  the  county 
superintendent  of  schools  of  said  county  since  the  preceeding  apportion- 
ment of  the  State  school  fund. 
Filed  July  11,  1919. 

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

Witness  my  hand  this   11th  day  of  July,  A.   E>.    1919. 

Louis  L.   Emmerson,   Secretary  of  State. 


PILING   PRAECIPE,    ETC.— CLERK   OF    SUPREME    COURT. 
§    1.     Amends  section  12,  Act  of  1872.  §   2.     Fees. 

(House  Bill  No.  306.     Approved  June  28,   1919.) 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  concerning 
-fees  and  salaries  and  to  classify  the  several  counties  of  this  State  with 
reference  thereto",  approved  March  29,  1872,  in  force  July  1,  1872, 
title  as  amended  by  an  Act  approved  March  28,  187k,  in  force  July  1, 
187 k,  as  amended  by  an  Act  approved  April  8,  1875,  as  amended  by 
an  Act  approved  May  21,  1877,  in  force  July  1,  1877. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  12  of  an  Act  en- 
titled, "An  Act  concerning  fees  and  salaries  and  to  classify  the  several 
counties  in  this  State  with  reference  thereto/'  approved  March  29,  1872, 
in  force  July  1,  1872,  title  as  amended  by  an  Act  approved  March  26, 

1874,  in  force  July  1,  1874,  as  amended  by  an  Act  approved  April  8, 

1875,  in  force  July  1,  1875,  as  amended  by  an  Act  approved  May  21, 
1877,  in  force  July  1,  1877,"  be,  and  the  same  is  hereby  amended  so  as  to 
read  as  follows : 

§  12.  At  the  time  of  filing  a  praecipe,  petition  or  record  the  plain- 
tiff in   error,   petitioner   or   appellant,    shall   pay   to   the   clerk   of   the 


FEES    AND    SALARIES.  561 


Supreme  Court  the  sum  of  twenty  dollars,  which  sum  shall  be  in  full 
payment  of  all  services  of  the  said  clerk  on  behalf  of  the  said  plaintiff 
in  error,  petitioner  or  appellant,  and  the  defendant  in  error,  respondent 
or  appellee,  before  entering  an  appearance  or  filing  any  paper,  shall 
pay  to  the  clerk  of  the  said '  court  the  sum  of  ten  dollars,  which  sum 
shall  be  in  full  payment  of  all  services  of  such  clerk  on  behalf  of  the 
said  defendant  in  error,  respondent,  or  appellee,  except  the  making  of  a 
complete  record,  or  copies  of  records,  papers  or  orders.  Provided,  how- 
ever, that  in  all  cases  where  the  defendant  in  error,  respondent,  or 
appellee,  as  the  case  may  be,  fails  to  file  an  appearance  and  desires  a 
mandate  or  final  order,  he  shall  pay  the  clerk  the  sum  of  five  dollars 
before  obtaining  such  writ. 

For  each  official  certificate  and  seal,  one  dollar. 

For  making  a  complete  record,  copy  of  a  record,  or  other  papers  in 
this  office,  for  each  100  words,  fifteen  cents,  except  that  the  clerk  shall 
furnish  without  cost,  parties  in  interest  or  their  attorneys  of  record, 
with  printed  copies  of  opinions. 

Law  license — for  preparing  license,  certifying  same  with  seal,  ad- 
ministering oath,  and  transcribing  name  on  roll  of  attorneys,  five  dollars. 

And  in  no  event  shall  the  said  clerk  charge  or  receive  any  other 
or  different  fees  than  those  specified  in  this  section. 

Approved  June  28,  1919. 


JUSTICES    OF    THE    PEACE    AND    POLICE    MAGISTRATES. 

§    1.      Amends    sections    40    and    41,    Act  §   41.     Fees    of    constables    to 

of   1872.  be   same    as   sheriffs. 

§   40.     Fees.  §   2.     Repeal. 

(House  Bill  No.   259.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled.  "An  Act  concerning  fees  and  salaries 
and  to  classify  the  several  counties  of  this  State  with  reference  there- 
to", approved  March  29,  1872,  in  force  July  1,  1872,  as  amended,  by 
amending  sections  1^0  and  Ifl,  and  repealing  section  J+2  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  40  and  41  of  an  Act 
entitled,  "An  Act  concerning  fees  and  salaries  and  to  classify  the  sev- 
eral counties  of  this  State  with  reference  thereto,"  approved  March 
29,  1872,  in  force  July  1,  1872,  as  amended,  are  amended  to  read  as 
follows : 

§  40.  Justices  of  the  peace  and  police  magistrates  in  counties 
of  the  first,  second  and  third  class,  shall  be  entitled  to  collect  a  fee  of 
two  dollars  in  each  case  in  advance.  Should  the  defendant  fail  to 
appear,  the  justice  of  the  peace  or  police  magistrate  shall  be  entitled 
to  no  additional  fee  in  that  case  for  any  orders  or  proceedings  prior 
to  and  including  judgment  by  default.  Should  the  defendant  appear, 
the  justice  of  the  peace  or  police  magistrate  before  whom  the  case  is 
tried  or  who  enters  judgment  in  the  case,  shall  be  entitled  to  an  ad- 
ditional trial  fee  of  three  dollars. 

Justices  of  the  peace  and  police  magistrates  shall  also  be  entitled 
to  the  following  fees: 
—36  L 


562  FEES    AND    SALARIES. 


For  each  subpoena,  twenty-five  cents;  for  each  execution,  writ  of 
restitution,  writ  of  retorno  Jiabenda  or  mittimus,  fifty  cents;  for  ap- 
proving each  bond  or  recognizance  including  all  orders  and  affidavits 
in  relation  thereto,  one  dollar;  for  each  transcript,  one  dollar;  for 
each  transcript  to  secure  a  lien  on  real  estate,  one  dollar  and  fifty  cents. 
The  fees  in  cases  of  estrays  shall  be  one  dollar. 

The  above  shall  be  the  only  fees  allowed  a  justice  of  the  peace 
or  police  magistrate  in  a  case  pending  before  him. 

A  justice  of  the  peace  or  police  magistrate  shall  also  be  entitled 
to  the  following  fees  in  a  case  not  pending  before  him:  For  each 
certificate  or  jurat,  twenty-five  cents ;  for  taking  the  acknowledgment 
of  each  chattel  mortgage  and  entering  same  on  his  docket,  fifty  cents; 
for  taking  depositions  for  each  one  hundred  words,  fifteen  cents;  for 
each  marriage  ceremony  performed  by  him,  including  certificate,  two 
dollars. 

In  all  counties  of  the  first,  second  and  third  class  the  fees  of  the 
justices  of  the  peace,  police  magistrates,  constables,  jurors  and  witnesses 
in  criminal  cases,  shall  be  the  same  as  those  allowed  for  similar  ser- 
vices in  civil  cases,  and  in  all  criminal  cases  where  the  fees  cannot  be 
collected  of  the  party  convicted,  or  where  the  prosecution  fails,  the 
county  board  shall  direct  that  the  cost  of  the  prosecution,  or  so  much 
thereof  as  shall  seem  just  and  equitable,  shall  be  paid  out  of  the  coun- 
ty treasury:  Provided,  that  the  costs  in  criminal  and  quasi-criminal 
prosecutions  for  the  violation  of  an  ordinance  of  an  incorporated  city, 
town  or  other  municipal  body  where  the  provisions  of  the  charters  of 
such  towns,  cities  or  municipal  bodies  do  not  prohibit  the  payment  of 
such  costs,  may  be  paid  by  such  city,  town  or  other  municipal  body  in 
the  discretion  of  the  city  council  or  board  of  trustees  or  commissioners 
of  such  incorporated  cities,  towns  or  other  municipal  bodies. 

§  41.  The  fees  of  constables  in  counties  of  the  first,  second  and 
third  class  for  any  service  rendered  by  them  shall  be  the  same  as  the 
fees  allowed  to  the  sheriffs  of  said  counties  for  similar  services. 

§  2.  Section  42  of  an  Act  entitled,  "An  Act  concerning  fees  and 
salaries  and  to  classify  the  several  counties  in  this  State  with  reference 
thereto",  approved  March  29,  1872,  in  force  July  1,  1872,  as  amended, 
is  repealed. 

Approved  June  28,  1919. 


MASTERS   IN   CHANCERY. 
§    1.     Amends  section  20,  Act  of  1872.  §   20.     Fees. 

(House  Bill  No.   599.     Approved  June  28,  1919.) 

An  Act  to  amend  section  20  of  an  Act  entitled,  "An  Act  concerning' 
fees  and  salaries,  and  to  classify  the  several  counties  of  this  State! 
with  reference  thereto",  approved  March  29,  1872,  in  force  July  1 , 
1812,  title  as  amended  by  Act  approved  March  28,  1874,  in  force 
July  1,  187 Jf,  said  section  20  being  amended  by  Act  approved  May 
25,  1877,  in  force  July  1,  1877,  and  by  Act  approved  April  22, 
1907,  in  force  July  1,  1907. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois 

represented  in  the  General  Assembly:     That  section  20  of  Act  entitled, 


FEES    AND    SALARIES.  56H 


"Aii  Act  concerning  fees  and  salaries,  and  to  classify  the  several  coun- 
ties of  this  State  with  reference  thereto",  approved  March  29,  1872,  in 
force  July  1,  1872,  title  as  amended  by  Act  approved  March  28,  1874, 
in  force  July  1,  1874,  said  section  20  being  amended  by  Act  approved 
May  25,  1877,  in  force  July  1,  1877,  and  being  further  amended  by 
Act  approved  April  22,  1907,  in  force  July  1,  1907,  be  amended  so 
that  said  section  20  shall  read  as  follows: 

Masters  in  Chancery 

§  20.  Fees  of]  For  administering  oaths  and  signing  jurat,  when 
not  taking  evidence  or  depositions,  ten  cents.  For  taking  acknowledge- 
ment or  proof  of  any  deed,  or  written  instrument,  twenty-five  cents. 
For  taking  depositions  and,  certifying,  for  every  one  hundred  words, 
fifteen  cents.  For  taking  and  reporting  testimony  under  order  of 
court,  the  same  fee  as  for  taking  depositions.  For  issuing  certificates 
of  indebtedness,  redemption  and  satisfaction  upon  decrees  providing  for 
sales  at  end  of  redemption  period,  two  dollars  for  each  certificate  and 
duplicate  thereof.  For  making  sales  and  certificates  and  deeds  thereon, 
the  same  fees,  commissions  and  allowances  as  sheriffs;  but  in  no  suit 
or  other  proceeding  shall  such  commission  exceed  two  hundred  dollars. 
"For  making  a  deed  alone,  in  other  cases,  when  required  by  order  or 
decree  of  court,  three  dollars.  For  report  of  sale  in  every  suit  or  pro- 
ceeding when  a  sale  is  had,  three  dollars.  For  report  of  distribution 
of  proceeds  of  sale,  when  made  separately  from  report  of  sale,  three 
dollars.  For  hearing  and  deciding  application  for  writs  of  ne  exeat 
or  injunction,  to  be  advanced  by  the  complainant  and  taxed  with  costs, 
five  dollars.  For  ordering,  or  refusing  to  order,  a  writ  of  habeas  corpiis 
or  certiorari,  five  dollars.  In  all  cases  where  a  special  master  in 
chancery  has  been  appointed  he  shall  receive  for  his  services  the  same 
fees  as  those  allowed  by  law  to  the  master  in  chancery. 

In  all  counties  hereafter  masters  in  chancery  may  receive  for  ex- 
amining questions  in  issue  referred  to  them,  and  reporting  conclusions 
thereon,  and  also  in  cases  where  the  defendants  are  in  default  but 
under  the  order  of  reference  the  master  is  required  to  find  and  report 
conclusions,  such  compensation  as  the  court  may  deem  just;  and  for 
services  not  enumerated  above  in  this  section  and  which  has  been  and 
may  be  imposed  by  statute  or  special  order,  they  may  receive  such 
compensation  as  the  court  may  allow.  The  court  may  also  include  as 
a  part  of  such  master's  fees  a  reasonable  allowance  not  to  exceed  fifteen 
cents  per  hundred  words  for  stenographer's  services  in  cases  where  the 
master  shall  certify  that  a  stenographer  was  necessarily  employed,  and 
shall  attach  to  his  report  a  certified  copy  of,  the  testimony  taken  by 
such  stenographer.  Upon  reference  of  any  matter  to  the  master  in 
chancery  the  court  may,  in  its  discretion,  at  the  time  of  such  reference 
or  at  any  subsequent  time,  order  any  party  seeking  to  offer  evidence 
before  the  master  to  deposit  with  the  clerk  of  the  court  such  sum  or 
sums  as  may  be  fixed  by  the  court  to  secure  the  payment  of  any  part 
or  all  of  the  costs  of  such  reference;  and  the  court  may,  in  its  discre- 
tion, before  the  master  shall  be  required -to  make  a  report  in  any  cause, 


564  FEES    AND    SALARIES. 


order  the  payment  of  all  costs  incurred  before  the  master,  the  same 
to  be  taxed  equitably  in  such  manner  as  directed  by  the  court. 
Approved  June  28,  1919. 


RECORDER  OF  DEEDS. 
§    1.     Amends  section  2,  Act  of  1905.  §   2.     Fees. 

(House  Bill  No.   58.     Approved  June   28,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  fees  of 

certain  officers  therein  named  in  counties  of  the  third  class,  to  wit: 

Sheriff,  recorder  and  county  cleric,"  approved  May  16,  1905,  in  force 

July  1,  1905,  as  subsequently  amended,  by  amending  section  2  thereof. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  an  Act  entitled,  "An  Act 

to  provide  for  the  fees  of  certain  officers  therein  named  in  counties  of 

the  third  class,  to  wit:     Sheriff,  recorder  and  county  clerk,"  approved 

May  16,  1905,  in  force  July  1,  1905,  as  subsequently  amended,  be  and 

the  same  is  hereby  amended  by  amending  section  2  thereof  to  read 

as  follows : 

Fees  of  recorder  oe  deeds].  §  2.  For  recording  any  deed  or 
other  instrument  in  writing,  for  every  one  hundred  words,  or  fraction, 
thereof,  ten  cents,  and  twenty-five  cents  for  the  certificate  of  the  re- 
corder of  the  time  of  filing  the  deed  or  instrument  for  record,  and  the 
book  and  page  of  the  record. 

For  recording  maps  or  plats  of  additions,  subdivisions  or  other- 
wise, for  each  tract,  parcel  or  lot  contained  therein,  ten  cents,  and 
twenty-five  cents  for  the  certificate  of  the  time  of  filing  the  same  for 
record,  and  the  book  and  page  of  the  record  thereof. 

For  certified  copies  of  records,  the  same  fees  as  herein  allowed  for 
recording. 

Approved  June  28,  1919. 


SHERIFFS. 
§    1.     Amends  section  19,  Act  of  1872.  §   19.     Fees. 

(House  Bill  No.  741.     Approved  June  28,   1919.) 

An  Act  to  amend  section  19  of  an  Act  entitled,  "An  Act  concerning 
fees  and  salaries  and  to  classify  the  several  counties  of  this  State  with 
reference  thereto,"  approved  March  29,  1872,  in  force  July  1,  1872,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  19  of  an  Act  entitled, 
"An  Act  concerning  fees  and  salaries  and  to  classify  the  several  coun- 
ties of  this  State  with  reference  thereto,"  approved  March  29,  1872,  in 
force  July  1,  1872,  as  amended,  is  amended  to  read  as  follows: 

§  19.  The  fees  of  sheriffs  in  counties  of  the  first  and  second  class 
shall  be  as  follows: 

For  serving  a  writ  of  summons  on  each  defendant  in  counties  of 
the  first  class,  one  'dollar;  second  class,  one  dollar. 


FEES    AND    SALARIES.  565 


For  serving  chancery  summons  and  copy,  or  writ  of  injunction  and 
copy,  in  counties  of  the  first  class,  one  dollar;  second  class,  one  dollar. 

For  taking  special  bail,  seventy-five  cents  in  each  county. 

For  serving  a  subpoena  on  each  witness,  in  counties  of  the  first 
class,  fifty  cents;  second  class,  fifty  cents. 

For  advertising  property  for  sale,  one  dollar. 

For  returning  each  writ  or  other  process,  twenty-five  cents.  Mile- 
age for  each  mile  of  necessary  travel  to  serve  any  such  writ  or  process 
as  aforesaid,  calculating  from  the  place  of  holding  the  court  to  the 
place  of  residence  of  the  defendant,  or  witness,  seven  and  one-half 
cents  each  way,  except  subpoena  which  shall  be  five  cents  per  mile. 

For  summoning  each  juror,  in  counties  of  first  class,  fifty  cents ; 
second  class,  fifty  cents,  with  five  cents  mileage  each  way  in  all  counties. 

For  serving  notice  of  executions,  or  levying  an  execution  or  serv- 
ing an  attachment,  in  counties  of  first  class,  one  dollar;  in  second 
class,  one  dollar,  and  mileage  seven  and  one-half  cents  each  way  in 
all  counties. 

For  taking  possession  of  and  removing  property  levied  on,  the 
officer  shall  be  allowed  to  tax  the  actual  cost  of  such  possession  or  re- 
moval. 

For  serving  and  returning  a  scire  facias  to  revive  a  judgment, 
foreclose  a  mortgage,  or  against  bail,  in  counties  of  first  class,  one 
dollar;  in  second  class,  one  dollar. 

For  committing  each  prisoner  to  jail,  in  counties  of  first  class, 
fifty  cents;  second  class,  fifty  cents,  payable  out  of  the  county  treasury, 
unless  paid  by  the  defendant. 

For  discharging  each  prisoner  from  jail,  in  counties  of  first  and 
second  class,  fifty  cents,  payable  out  of  the  county  treasury,  unless  paid 
by  the  defendant. 

For  dieting  each  prisoner,  such  compensation  to  cover  the  actual 
cost  as  may  be  fixed  by  the  county  board,  but  such  compensation  shall 
be  considered  a  part  of  the  fees  of  the  office. 

For  attending  before  a  judge  with  prisoner,  on  a  writ  of  habeas 
corpus,  in  counties  of  first  and  second  class,  two  dollars  and  fifty  cents 
per  day. 

For  each  mile  of  necessary  travel  in  taking  such  prisoner  before 
the  judge,  as  aforesaid,  five  cents  each  way. 

For  serving  a  writ  of  possession,  restitution,  assistance  or  eject- 
ment without  aid,  two  dollars,  and  when  aid  is  necessary  the  sheriff 
shall  be  allowed  to  tax  in  addition  the  actual  cost  thereof,  and  for 
each  mile  of  necessary  travel,  ten  cents  each  way. 

For  executing  a  writ  of  ad  quod  damnum,  attending  the  inquest 
and  returning  the  writ  with  the  verdict  of  the  jury,  two  dollars. 

For  attending  the  Circuit  and  County  Courts,  and  for  attending  the 
County  Court  sitting  for  probate  business  at  request  of  the  judge,  the 
time  to  be  certified  to  by  the  judge,  not  more  than  five  dollars  per  day, 
to  be  allowed  and  paid  out  of  the  county  treasury . 

For  executing  and  acknowledging  a  deed  of  sale  of  real  estate,  in 
counties  of  first  class,  two  dollars;  in  counties  of  second  class,  two 
aollars. 


566  FEES    AND    SALARIES. 


For  preparing,  executing  and  acknowledging  a  deed  on  redemption 
hi.  m  a  master's  sale  of  real  estate  in  counties  of  first  class,  three  dollars , 
in  counties  of  second  class,  three  dollars. 

For  making  certificates  of  sale,  and  making  and  filing  duplicate, 
in  counties  of  first  class,  one  dollar;  in  counties  of  second  calss  [class], 
one  dollar. 

For  making  certificate  of  redemption,  one  dollar  and  fifty  cents. 

For  certificate  of  levy  and  filing,  one  dollar,  and  the  fee  for  re- 
cording shall  be  advanced  by  plaintiff  in  execution  and  charged  up  as 
costs. 

For  taking  all  bonds  on  legal  process,  in  counties  of  first  class, 
one  dollar;  in  second  class,  one  dollar. 

For  serving  grand  jury  witnesses,  fifty  cents  and  mileage  five  cents 
each  way,  payable  out  of  the  county  treasury. 

For  executing  capias  in  criminal  cause,  where  the  offense  is  in- 
famous, three  dollars,  and  milage  for  each  mile  of  necessary  travel 
five  cents  each  way. 

For  executing  capias  where  the  offense  is  not  infamous,  in  coun- 
ties of  first  class,  one  dollar;  second  class,  one  dollar,  and  mileage  for 
each  mile  of  necessary  travel  seven  and  one-half  cents  each  way. 

For  executing  requisitions  from  other  states,  five  dollars. 

For  conveying  each  prisoner  from  his  own  county  to  the  jail  of 
a  foreign  county,  per  mile,  for  going,  only,  twenty-five  cents. 

For  conveying  convicts  to  the  penitentiary  or  reform  school  from 
any  county,  the  following  fees,  payable  out  of  the  State  treasury,  viz : 
Where  only  one  convict  is  conveyed  at  and  after  the  rate  of  twenty- 
five  cents  for  each  and  every  mile  necessarily  traveled  in  going  to  the 
penitentiary  or  the  reform  school  from  the  place  of  conviction.  Where 
two  convicts  are  conveyed  by  the  said  sheriff  at  the  same  time,  he 
shall  receive  at  and  after  the  rate  of  twenty-five  cents  per  mile  for 
first,  and  fifteen  cents  per  mile  for  the  second  convict.  Where  more 
than  two  are  conveyed  at  the  same  time  to  the  penitentiary  or  reform 
school  as  aforesaid,  he  shall  be  allowed  twenty-five  cents  per  mile  for 
the  first,  fifteen  cents  per  mile  for  the  second,  and  ten  cents  per  mile 
for  each  of  the  residue. 

For  conveying  any  person  to  or  from  any  of  the  charitable  insti- 
tutions of  the  State,  when  properly  committed  by  some  competent 
authority,  twenty-five  cents  per  mile. 

For  conveying  a  convict  from  the  penitentiary  to  the  county  jail 
when  required  by  law,  thirty  cents  per  mile. 

For  attending  Supreme  Court,  three  dollars  per  day. 

In  addition  to  the  above  fees,  there  shall  be  allowed  to  the  sheriffs 
in  counties  of  the  first  and  second  class,  a  commission  of  3  per  centum 
on  all  sales  of  real  and  personal  estate,  which  shall  be  .made  by  virtue 
of  any  execution  or  any  decree  of  a  court  of  chancery,  where  the  money 
arising  from  such  sales  shall  not  exceed  two  hundred  dollars;  but  in 
all  cases  where  the  amount  of  such  sale  shall  exceed  that  sum,  then 


FEES    AND    SALARIES.  567 


one  and  one  half  per  cent  commission  on  the  excess  only  shall  be  al- 
lowed :  Provided,  that  in  all  cases  where  the  execution  shall  be  set- 
tled by  the  parties,  replevied,  stopped  by  injunction  or  paid,  or  where 
the  property  levied  upon  shall  not  be  actually  sold,  the  sheriff  shall 
be  allowed  his  fee  for  levying  and  mileage,  together  with  half  the  com- 
mission on  all  money  collected  by  him  which  he  would  be  entitled  to 
if  the  same  was  made  by  sale  or  execution;  execept  the  necessary  ex- 
penses for  keeping  personal  property,  to  be  ascertained  and  allowed 
by  the  court  of  which  the  same  shall  be  issued.  In  all  criminal  cases 
where  the  defendant  shall  be  acquitted  or  otherwise  legally  discharged, 
without  payment  of  costs,  the  sheriff  shall  be  paid  such  fees  from  the 
county  treasury :  Provided,  that  no  such  fees  shall  be  paid  to  the  sheriff 
from  the  county  treasury  when  the  fees  collected  by  him  during  such 
year  shall  equal  the  compensation  or  salary  allowed  him  by  the  county 
board :  And,  provided,  further,  that  no  more  of  such  fees  shall  in  any 
case  be  paid  from  the  county  treasury  than  shall  be  sufficient,  with  the 
fees  collected,  to  make  the  salary  or  compensation  of  said  sheriff. 

In  all  cases  where  any  of  the  sheriffs  of  this  State  shall  be  required 
by  law  to  execute  any  sentence  or  punishment  other  than  imprisonment, 
for  which  no  fee  is  allowed  by  this  Act,  it  shall  be  the  duty  of  the 
county  board  of  the  proper  county  to  allow  a  reasonable  compensation 
for  the  same,  to  be  paid  out  of  the  county  treasury,  not  exceeding  one 
hundred  dollars.  It  shall  be  the  duty  of  each  sheriff  entitled  to  mile- 
age under  this  Act,  to  endorse  on  each  writ,  summons,  subpoena  or 
other  process  that  he  may  execute  the  distance  he  may  travel  to  execute 
the  same,  ascertaining  the  distance  and  the  charge  properly  allowable 
therefor,  in  conformity  with  the  foregoing  regulations. 

The  sheriff  in  counties  of  the  first  and  second  class  shall  in  all 
cases  be  entitled  to  demand  the  payment  of  all  fees  for  service  in  ad- 
vance so  far  as  the  same  can  be  ascertained.  Provided  if  service  shall 
not  be  made  such  fees  and  mileage  so  advanced  shall  be  returned  to 
the  party  advancing  same  on  demand. 

Approved  June  28,  1919. 


TOWNSHIP  OFFICERS. 

§   1.     Amends    sections    36    and    39.    Act  §    39.      Salaries     of    supervis- 

ed  18.72.  ors. 

§   36.     Fees    of   township    offi-        §   2.     Repeals   section   130,   Act  of   1874. 
cers. 

(Senate  Bill  No.   246.     Approved  June  24,  1919.) 

An  Act-  to  amend  sections  30  and  39  of  an  Act  entitled,  "An  Act  con- 
cerning fees  and  salaries  and  to  classify  the  several  counties  of  this 
State  with  reference  thereto,"  approved  March  29,  1872,  in  force  July 
1,  1872,  as  amended,  and  to  repeal  section  130  of  an  Act  entitled,  "An 
Act  to  revise  the  law  in  relation  to  township  organization,"  approved 
and  in  force  March  4,  1874,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois. 
represented  in  the  General  Assembly:  Sections  36  and  39  of  an  Act 
entitled,  "An  Act  concerning  fees  and  salaries  and  to  classify  the  several 


568  J<'EES    AND    SALARIES. 


counties  of  this  State  with  reference  thereto,"  approved  March  29,  1872, 
in  force  July  1,  1872,  as  amended,  are  amended  to  read  as  follows : 

§  36.  Supervisors  and  assistant  supervisors  when  attending  the 
sessions  of  the  county  board  of  supervisors  or  engaged  in  the  regular 
committee  work  of  such  board,  shall  receive  such  compensation  and 
mileage  as  is  prescribed  in  section  39  of  this  Act. 

Supervisors  when  attending  to  town  business  outside  their  towns 
shall  receive  three  dollars  ($3.00)  per  day  and  when  attending  to  town 
business  within  their  towns  shall  receive  two  dollars  and  fifty  cents 
($2.50)  per  day. 

Supervisors  when  attending  to  their  duties  as  overseers  of  the  poor 
in  counties  where  the  system  of  town  support  of  paupers  prevails  shall 
receive  three  dollars  ($3.00)  per  day  for  business  transacted  outside 
their  towns  and  two  dollars  and  fifty  cents  ($2.50)  per  day  for  business 
transacted  within  their  towns. 

Supervisors  when  attending  to  their  duties  as  overseers  of  the  poor 
in  counties  where  the  county  system  of  support  of  paupers  prevails  shall 
receive  three  dollars  ($3.00)  per  day  for  business  transacted  outside 
their  towns,  and  two  dollars  and  fifty  cents  ($2.50)  per  day  for  business 
transacted  within  their  towns,  payable  out  of  the  county  treasury. 

Overseers  of  the  poor  in  towns  of  four  thousand  (4,000)  inhabit- 
ants or  over,  when  appointed  by  the  county  board  of  supervisors  shall 
receive  such  compensation  as  may  be  provided  by  the  county  board  of 
supervisors  in  accordance  with  the  provisions  of  section  18  of  an  Act 
entitled,  "An  Act  to  revise  the  law  in  relation  to  paupers,"  approved 
March  23,  1874,  in  force  July  1,  1874,  as  amended. 

Town  clerks  shall  receive  for  their  services  three  dollars  per  day 
when  attending  to  town  business  out  of  town,  and  two  and  a  half  dollars 
per  day  for  town  business  in  town :  Provided,  that  town  clerks  shall 
receive  fees  and  not  a  per  diem  for  the  following  services : 

For  serving  notices  of  election  upon  town  officers,  as  required  by 
law,  twenty-five  cents  each. 

For  filing  any  paper  required  by  law  to  be  filed  in  his  office,  ten 
cents  each. 

For  posting  up  notices,  required  by  law,  twenty-five  cents  each. 

For  recording  any  order  or  instrument  of  writing  authorized  by  law, 
eight  cents  for  each  one  hundred  words. 

For  copying  any  record  in  his  office,  and  certifying  to  same,  eight 
cents  for  every  one  hundred  words,  to  be  paid  by  the  person  applying 
for  the  same. 

For  copying  by-laws  for  posting  or  publication,  eight  cents  for  eadi 
one  hundred  words,  to  be  paid  by  the  town. 

The  town  assessor  shall  receive  for  his  services  as  assessor  such 
sum  and  amount  as  may  be  provided  for  by  the  board  of  town  auditors : 
Provided,  that  in  towns  of  fifty  thousand  inhabitants  and  upwards,  in 
counties  of  the  third  class,  the  assessor  shall  receive  five  dollars  per  day. 

The  pound  master  shall  be  allowed  the  following  fees  for  his 
services,  to-wit : 


FENCES.  509 


For  taking  into  the  pound  and  discharging  therefrom  horses,  asses, 
mules  and  meat  cattle,  ten  cents  each;  sheep  or  lambs,  three  cents  each; 
and  swine,  large  or  small,  five  cents  each. 

He  may  also  be  allowed  to  receive  his  reasonable  charges  for  the 
keeping  of  such  animals.  The  amount  which  he  shall  charge  therefor 
may  be  regulated  by  the  town  meeting. 

The  officers  composing  the  board  of  appointment,  in  case  of 
vacancy,  when  they  shall  meet  for  that  purpose,  and  the  officers  com- 
posing the  board  of  town  auditors,  shall  each  be  entitled  to  one  dollar 
and  fifty  cents  a  day  for  their  services. 

No  justice  of  the  peace  or  town  officer  shall  be  entitled  to  any  fee 
or  compensation  from  any  individual  elected  or  appointed  to  a  town 
office,  for  administering  to  him  the  oath  of  office. 

Each  town  or  district  collector  shall  be  allowed  a  commission  of 
two  per  cent  on  all  moneys  collected  by  him,  to  be  paid  out  of  the  re- 
spective funds  collected :  Provided,  that  in  any  case  where  the  compen- 
sation so  allowed  shall  be  insufficient  the  town  or  county  board  may 
allow  an  additional  compensation  or  per  diem  in  lieu  of  other  or  greater 
commissions,  in  which  case  said  additional  compensation  shall  be  paid 
out  of  the  town  or  county  treasury,  as  the  case  may  require :  And, 
provided,  further,  that  all  excess  of  commissions  and  fees  over  fifteen 
hundred  dollars  in  counties  of  the  first  and  second  class  and  over  three 
thousand  dollars  in  counties  of  the  third  class  shall  be  paid  into  the  town 
or  district  treasury. 

§  39.  Supervisors  and  assistant  supervisors  when  attending  the 
sessions  of  the  county  board  of  supervisors  or  engaged  in  the  regular 
committee  work  of  such  board  shall  receive  for  their  services  the  sum 
of  five  dollars  ($5.00)  per  day  and  five  cents  per  mile  for  each  mile 
necessarily  traveled  in  going  to  or  from  the  county  seat  or  place  of  com- 
mittee meeting,  payable  out  of  the  county  treasury. 

Supervisors  and  assistant  supervisors  shall  receive,  directly  or  in- 
directly, no  other  allowance  or  emolument. 

§  2.  Section  130  of  an  Act  entitled,  "An  Act  to  revise  the  law  in 
relation  to  township  organization,"  approved  and  in  force  March  4,  1874, 
as  amended,  is  repealed. 

Appkoved  June  24,  1919. 


FENCES. 


DESTROYED— REPAIR. 

§    1.     Amends    sections    12    and    13,    Act  §   13.     Refusing-    to    make    or 

of    1874.  repair. 

§   12.     Making    and    repairing 
fences    destroyed.  . 

(House  Bill  No.  438.     Approved  June  23,   1919.) 

An  Act  to  amend  sections  12  and  13  of  an  Act  entitled:  "An  Act  to 
revise  the  law  in  relation  to  fences,"  approved  March  21,  lSIlt,  in 
force  July  1,  181 'k,  as  amended,. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  sections  12  and  13  of  an 


570  EIRE   ESCAPES. 


Act  entitled :  "An  Act  to  revise  the  law  in  relation  to  fences/'  approved 
March  21,  1874,  in  force  July  1,  1874,  as  amended,  are  amended  to  read 
as  follows: 

§  12.  Whenever  a  division  fence  shall  be  injured  or  destroyed  by 
fire,  floods,  or  other  casualty,  the  person  bound  to  make  and  repair  such 
fence,  or  any  part  thereof,  shall  make  or  repair  the  same,  or  his  just 
proportion  thereof,  within  ten  days  after  he  shall  be  thereto  required  by 
any  person  interested  therein — such  requisition  to  be  in  writing,  and 
signed  by  the  party  making  the  same :  Provided,  that  when  a  flood  gate 
or  that  portion  of  a  division  fence  which  crosses  a  stream  or  natural 
water  course  is  destroyed  by  flood,  the  person  bound  to  make  or  repair 
the  same  shall  make  or  repair  the  same  or  his  just  proportion  thereof 
within  two  days  after  he  shall  be  thereto  required  by  any  interested 
person. 

§  13.  If  any  such  person  shall  neglect  or  refuse  to  make  or  repair 
his  proportion  of  such  fence  or  flood  gate  within  the  periods  specified 
in  section  12  of  this  Act,  the  party  injured  may  make  or  repair  the  same 
at  the  expense  of  the  party  so  refusing  or  neglecting,  to  be  recovered 
with  costs  of  suit. 

Approved  June  23,  1919. 


FIEE   ESCAPES. 


FOR   BUILDINGS. 

§    1.     Fire    escapes    to    be    put    on    cer-        §   5.     Disposition   of  fines. 
tain     buildings     within     six 

months — kind  and  number  of.  §   6.     Duty     of     authorities     to     inspect 

buildings. 
§   2.     On      certain     buildings     hereafter 

erected.  §   7.     Department    of    Trade    and    Com- 

merce  shall   have   power  to   en- 
§   3.     To  place  on  buildings  thirty  days  force    Act — exceptions. 


§   8.     Repeal. 


after    notice. 
4.     Penalty  for  failure  to  place. 

(Senate  Bill  No.   415.     Approved  June  28,   1919.) 


An  Act  relating  to  fire  escapes. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  within  six  (6)  months 
after  the  passage  of  this  Act,  all  buildings  in  this  State  which  are  four 
or  more  stories  in  height,  excepting  such  as  are  used  for  private  resi- 
dences exclusively,  but  including  fiats  and  apartment  buildings,  shall 
be  provided  with  one  or  more  metallic  ladder  or  stair  or  other  approved 
fire  escapes  attached  to  the  outer  walls  thereof  and  extending  from,  or 
suitably  near  the  ground,  to  the  uppermost  story  thereof,  and  provided 
with  platforms  of  such  forms  and  dimensions,  and  in  such  proximity  to 
one  or  more  hinged  windows  or  doors  of  each  story  above  the  first,  as  to 
render  access  to  such  ladder  or  stairs  from  each  such  story  easy  and  safe : 
Provided,  however,  that  all  buildings  more  than  two  stories  in  height, 
used  for  manufacturing  purposes  or  for  hotels,  dormitories,  schools, 
seminaries,  hospitals  or  asylums,  shall  have  at  least  one  such  fire  escape 
for  every,  fifty  (50)   persons  for  which  working,  sleeping  or  living  ac- 


FIRE    ESCAPES.  571 


commodations  are  provided  above  the  second  stories  of  said  buildings 5 
and  that  all  public  halls,  which  provide  seating  room  above  the  first  or 
ground  story,  shall  be  provided  with  such  numbers  of  said  ladder  or 
stair  or  other  approved  fire  escapes  as  the  officers  herein  named  may 
direct. 

§  2.  All  buildings  of  the  number  of  stories  and  used  for  the 
purposes  set  forth  in  section  one  (1)  of  this  Act,  which  shall  be  here- 
after erected  within  this  State,  shall  upon  or  before  their  completion 
each  be  provided  with  fire  escapes  of  the  kind  and  number,  and  in  the 
manner  set  forth  in  said  section  one  (1)  of  this  Act. 

§  3.  The  notice  to  provide  fire  escapes  shall  be  in  writing  and 
shall  be  served  on  the  owner,  trustees,  lessee  or  occupant  of  any  building 
not  provided  with  fire- escapes  in  accordance  with  the  provisions  of  this 
Act,  commanding  such  owner  or  owners,  trustees,  lessee  or  occupant,  or 
either  of  them,  to  place  or  cause  to  be  placed  upon  such  building  or 
buildings,  such  fire  escape  or  escapes,  within  thirty  (30)  days  after  the 
service  of  such  notice. 

§  4-  Any  such  owner  or  owners,  trustees,  lessee  or  occupant,  or 
either  of  them,  so  served  with  notice  as  aforesaid,  who  shall  not  within 
thirty  (30)  days  after  the  service  of  such  notice,  upon  him  or  them, 
place  or  cause  to  be  placed  such  fire  escape  or  escapes  upon  such  build- 
ings as  required  by  this  Act  and  the  terms  of  such  notice,  shall  be 
subject  to  a  fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more 
than  two  hundred  dollars  ($200),  and  to  a  further  fine  of  fifty  dollars 
($50)  for  each  additional  week  of  neglect  to  comply  with  such  notice. 

§  5.  All  the  money  or  moneys  collected  as  fines  under  and  by 
virtue  of  this  Act,  shall  be  paid  into  or  placed  to  the  credit  of  the  com- 
mon school  fund  of  the  counties  in  which  they  are  collected. 

§  6.  Any  person  may  at  any  time  make  complaint  in  writing  to 
the  authorities  whose  duty  it  is  hereunder  to  enforce  this  law,  that  such 
escape  or  escapes  are  needed  or  are  unsafe  or  insufficient,  and  it  shall 
be  the  duty  of  such  authorities  to  inspect  such  building  or  buildings, 
and  escape  or  escapes,  and  cause  notice  to  be  served  on  the  owner  or 
owners,  trustees,  lessee  or  occupant,  as  provided  in  section  three  (3)  of 
this  Act,  and  such  owner  or  owners,  trustees,  lessee  or  occupant  shall 
immediately  take  steps  to  overcome  the  cause  of  complaint. 

§  7.  The  Department  of  Trade  and  Commerce  shall  have  power 
to  enforce  the  provisions  of  this  Act  and  to  require  by  written  notice, 
either  upon  complaint  by  any  person  or  without  complaint,  any  owner 
or  owners,  trustees,  lessees  or  occupant  of  buildings  to  place  fire  escapes 
upon  same  within  thirty  (30)  clays,  in  accordance  with  this  Act.  Pro- 
vided, however,  the  provisions  of  this  Act  shall  not  apply  to  cities, 
villages  and  towns  within  the  State  of  Illinois  that  have  passed  and 
adopted  or  may  by  their  proper  legislative  authority  pass  or  adopt 
ordinances,  by-laws  or  resolutions  governing  the  kind,  number,  location, 
material  and  construction  of  fire  escapes  to  be  required  on  buildings 
within  the  corporate  limits  of  such  cities,  villages  and  towns. 


572  FOODS    AND    DAIRIES. 


§  8.  That  an  Act  entitled,  "An  Act  relating  to  fire  escapes," 
approved  and  in  force  April  21,  1899,  and  all  amendments  thereof  be 
and  the  same  are  hereby  repealed. 

Approved  June  28,  1919. 

HOTELS,   INNS  AND  LODGING  HOUSES. 

§   1.     Adds  section  7a,  Act  of  1913.  §   7a.  Department  of  Trade  and 

Commerce      shall     have 
power  to  enforce  Act. 

(Senate  Bill  No.  440.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  relating  to  fire  escapes  in 
hotels,  inns  and  'public  lodging  houses,  and  providing  that  such  build- 
ings 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  or  parts  of  Acts  in  conflict  therewith," 
approved  June  26,  1913,  in  force  July  1,  1913,  by  adding  thereto  a 
section  to  be  known  as  section  la. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled,  "An  Act  re- 
lating to  fire  escapes  in  hotels,  inns  and  public  lodging  houses,  and  pro- 
viding 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  or  parts  of  Acts  in 
conflict  therewith,"  approved  June  26,  1913,  in  force  July  1,  1913,  be 
and  the  same  is  hereby  amended  by  adding  thereto  a  section  to  be  known 
as  section  7a,  to  read  as  follows : 

§  7a.     The  Department  of  Trade  and  Commerce  shall  have  power 
to  enforce  the  provisions  of  this  Act." 
Approved  June  28,  1919. 

FOODS  AND  DAIRIES. 


DESTRUCTION  OP  FOOD. 
§   1.     Wilful  destruction   of  food  declared   a   misdemeanor — penalty. 

(House  Bill  No.   61.     Approved  June  21,  1919.) 

An  Act  to  define  and  punish  the  crime  of  destroying  food  with  the 

intent  to  influence  the  market  price  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Any  person  who  shall  wilfully 
destroy  or  permit  to  waste  any  food  fit  for  human  or  animal  consump- 
tion, of  the  original  value  of  twenty-five  dollars  ($25)  or  more,  so  that 
such  food  becomes  unfit  for  such  use,  with  the  intent  to  cause  scarcity  or 
to  increase,  control,  maintain  or  influence  the  market  price  of  such 
food,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  b<? 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25)  or  more 
than  five  hundred  dollars  ($500)  or  by  imprisonment  in  the  county  jail 
for  a  period  of  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Approved  June  21,  1919. 


FOODS    AND    DAIRIES.  573 


HANDLING  AND  SALE  OF  EGGS. 

§      1.     When     unfit     for     food  —  to     be        §  6.     Eggs    coming    from    other    states 
candled  —   licensee    to    k  e  e  p  to   be   candled, 

record. 

§  7.     Egg    breaking    establishments    to 

§      2.     Who   shall   be  licensed.  be   licensed — fee. 

$      3.     Beginning  of  license  year — fee.  §      8.     Violation   of   Act   a   misdemeanor 

— penalty. 


§      4.     Candling   certificate — definition. 


9.     Construction   of   Act. 


§      5.     Department  of  Agriculture  to  en- 
force Act.  §   10.     Repeal. 

(House  Bill  No.   702.     Approved  June  28,   1919.) 

An  Act  in  relation  to  the  handling  and  sale  of  eggs  and  the  manufac- 
ture of  egg  products  and  to  repeal  parts  of  Acts  therein  named. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  for  the  purposes  of  this 
Act  an  egg  shall  be  deemed  unfit  for  human  food  if  it  be  addled  or 
moldy,  a  black  rot,  a  white  rot,  or  a  blood  ring;  or  if  it  has  an  adherent 
yolk,  or  a  bloody  or  green  white;  or  if  it  be  incubated  beyond  the  blood 
ring  stage;  or  if  it  consist  in  whole  or  in  part  of  a  filthy,  decomposed 
or  putrid  substance. 

It  shall  be  unlawful  for  a  person,  firm  or  corporation  to  sell,  offer 
for  sale  or  have  in  possession  with  intent  to  sell,  eggs  for  human  food 
purposes  which  are  not  fit  for  human  food  within  the  meaning  of  this 
Act  and  the  pure  food  laws  as  so  known  in  this  State. 

Every  person,  firm  or  corporation  who  purchases  eggs  from  the 
producer,  for  sale  at  retail  or  wholesale,  shall  candle  all  eggs  offered 
to  him,  them  or  it  and  shall  refuse  to  buy  eggs  unfit  for  human  food 
as  in  this  Act  defined,  and  such  producer  so  tendering  for  sale  any 
egg  or  eggs  so  unfit  shall  be  docked  accordingly.  Such  candling  shall 
be  done  in  the  presence  of  the  producer  if  he  so  requests. 

All  eggs  included  by  the  candling  or  other  method  as  unfit  for 
human  food  may  only  be  sold  and  used  for  mechanical  purposes  or 
destroyed  as  shall  be  from  time  to  time  prescribed  by  rules  and  regula- 
tions of  the  Department  of  Agriculture.  All  licensees  shall  keep  an 
accurate  record  of  candling  and  dockage  of  eggs  unfit  for  human  food 
purposes  subject  to  inspection  of  said  Department  of  Agriculture. 

§  2.  On  and  after  November  1,  1919,  every  person,  firm  or  cor- 
poration why  [who]  buy  eggs  from  producers  and  sells  eggs  to  other 
merchants,  dealers  or  for  storage  or  shipment  shall  first  obtain  a  license 
therefor  as  in  this  Act  provided,  to  be  known  as  Class  one  (1). 

On  and  after  November  1,  1919.  every  person,  firm  or  corporation 
dealing  in,  buying  or  selling  eggs,  buying  in  whole  or  in  part  from 
other  merchants,  dealers,  hucksters  or  from  storage,  even  if  also  buy- 
ing from  producers,  shall  first  obtain  a  license  therefor  as  is  in  .this 
Act  provided,  to  be  known  as  Class  two  (II),  provided  this  shall  not 
apply  to  the  retailer  who  only  sells  to  the  retail  trade  for  consumption 
and  not  for  resale  or  storage;  provided,  however,  producers  shall  not  as 
such  be  required  to  procure  a  license. 

§  3.  The  license  year  shall  begin  November  1,  1919,  and  each 
year  thereafter.     Al    [All]   licenses  shall  be  to  the  end  of  the  license 


574  FOODS   AND. DAIRIES. 


year  and  the  fee  shall  be  the  same  although  the  license  is  for  a  frac- 
tional part  instead  of  a  full  year.  Licenses  in  Class  one  (1)  shall  be 
one  dollar  ($1)  for  the  year  or  fraction  of  a  year;  in  Class  two  (II) 
it  shall  be  five  dollars  ($5)   for  the  year  or  fraction  of  a  year. 

Applications  for  license  shall  be  upon  forms  prescribed  by  the  De- 
partment of  Agriculture  of  Illinois  and  licenses  issued  by  it  shall  be  under 
its  rules  and  regulations.  It  shall  be  a  provision  of  each  and  every 
license  issued  under  this  Act  that  the  same  be  revoked  and  canceled 
for  a  violation  of  this  Act  or  the  rules  and  regulations  of  the  said 
Department  of  Agriculture,  and  a  renewal  of  license  may  be  refused 
for  violations  of  this  Act  and  the  rules  and  regulations  of  the  said 
Department  of  Agriculture. 

§  4.  That  there  shall  be  placed  by  all  licenses  [licensees]  on  the 
top  layer  under  the  top  flat  of  every  case  of  eggs,  a  candling  certificate, 
as  shall  be  required  by  the  rules  and  regulations  of  the  Department  of 
Agriculture  showing  that  all  the  eggs  in  the  case  in  which  is  placed  said 
certificate  have  been  candled  in  compliance  with  the  provisions  of  this 
Act  and  rules  and  regulations  adopted  for  the  enforcement  of  this 
Act  by  the  said  Department  of  Agriculture. 

The  term  "candling"  as  used  herein  shall  be  construed  to  mean 
the  careful  examination,  in  a  partially  dark  room  or  place,  of  the 
whole  egg  by  means  of  a  strong  light,  .the  apparatus  and  method  em- 
ployed to  be  such  as  shall  be  approved  by  the  said  Department  of 
Agriculture.  Every  licensee  under  this  Act  shall  in  accordance  with 
the  rules  and  regulations  of  said  Department  of  Agriculture  provide 
and  maintain  an  adequate  place  for  the  accurate  candling  of  eggs  and  a 
suitable  place  for  the  proper  handling  of  eggs  which  are  intended  to  be 
used  for  human  food. 

§  5.  That  the  Department  of  Agriculture  shall  enforce  the  pro- 
visions of  this  Act  and  shall  make  suitable  rules  and  regulations  for 
the  same  and  tolerances  on  account  of  weather,  labor  and  transporta- 
tion conditions  for  carrying  out  its  provisions,  and  shall  determine  the 
conditions  under  which  eggs  previously  candled  shall  be  recandled  for 
resale  or  sale,  in  order  to  safeguard  the  purchaser  against  buying  as  a  lot, 
or  a  part  of  a  lot,  eggs  unfit  for  human  food. 

§  6.  All  eggs  coming  into  this  State  from  other  states  which  do 
not  have  an  egg  candling  law  or  from  a  state  that  does  not  have  an 
egg  candling  law  as  rigid  as  this  Act,  must  be  candled  by  the  first 
receiver  in  this  State  according  to  the  provisions  of  this  Act.  Eggs 
coming  into  this  State  from  states  that  do  candle  and  which  are  not 
provided  with  egg  candling  certificates,  shall  be  candled  by  the  first 
receiver  in  this  State  and  the  candling  certificates  shall  be  placed  in 
the  case  and  all  other  provisions  of  this  Act  complied  with  from  then  on. 

§  7.  That  no  person,  firm  or  corporation  shall  engage  in  the 
State  of  Illinois,  in  the  business  of  removing  eggs  from  their  shells, 
in  the  manufacture  or  preparation  of  frozen,  liquid,  desiccated  or  any 
other  forms  of  whole  eggs,  yolks,  whites  or  any  mixture  of  yolks  and 
whites  for  food  purposes,  with  or  without  the  addition  of  any  other 
wholesome  ingredients,  without  first  obtaining  a  license  from  the  De- 
partment of  Agriculture.     Before  such  license  shall  be  granted  the  De- 


FOODS   AND  DAIRIES.  575 


partment  of  Agriculture  shall  inspect  the  establishment  and  the  equip- 
ment to  be  used  in  said  egg  breaking  establishment,  and  shall  also 
ascertain  if  the  said  establishment  complies  in  method  and  equipment 
with  the  sanitary  law  and  the  rules  and  regulations  in  regard  to  sani- 
tation which  shall  from  time  to  time  be  established  by  the  Department 
of  Agriculture  to  govern  these  establishments.  If,  after  such  inspec- 
tion, it  shall  appear  that  such  establishment  complies  with  the  provi- 
sions of  the  sanitary  law  and  the  rules  and  regulations  in  regard  to 
sanitation  governing  egg  breaking  establishments,  then  the  Department 
of  Agriculture  shall  issue  an  annual  license  to  said  establishment  upon 
payment  annually  of  a  fee  of  $300.00. 

That  every  egg  breaking  establishment  shall  include  its  license 
number  as  a  part  of  the  proper  labeling  of  all  cans  or  other  receptacles 
in  which  frozen  or  desiccated  egg  products  are  sold  or  offered  for  sale 
for  human  food.  The  form  and  manner  of  placing  or  affixing  said 
license  number  on  containers  shall  be  in  accordance  with  regulations 
promulgated  by  the  Department  of  Agriculture. 

§  8.  That  any  person,  firm  or  corporation  failing  to  comply  with 
the  requirements  of,  or  violating  any  of  the  provisions  of  this  Act  or 
the  rules  and  regulations  for  the  enforcement  of  this  Act  made  by  the 
Department  of  Agriculture,  shall  be  guilty  of  a  misdemeanor,  and 
shall  upon  conviction  for  the  first  offense  be  fined  not  less  than  $15.00 
nor  more  than  $50.00.  For  the  second  offense  he  shall  be  fined  not  less 
than  $50.00  nor  more  than  $100.00,  and  for  the  third  or  any  subsequent 
offense,  he  shall  be  fined  not  less  than  $100.00  nor  more  than  $200.00, 
and  in  addition  to  such  fines,  in  the  discretion  of  the  court,  for  the  first 
offense  his  license  may  be  suspended  for  not  more  than  thirty  days;  for 
the  second  offense  not  more  than  sixty  days,  and  for  the  third  or  any 
subsequent  offense  his  license  may  be  revoked. 

§  9.  That  the  words  used  in  this  Act  shall  be  construed  to  im- 
port the  plural  or  singular,  as  the  case  demands. 

§  10.  Section  39al  of  an  Act  entitled,  "An  Act  to  amend  an 
Act  entitled,  'An  Act  to  prevent  fraud  in  the  sale  of  dairy  products, 
their  imitation  or  substitutes,  to  prohibit  and  prevent  the  manufacture 
and  sale  of  unhealthful,  adulterated  or  misbranded  food,  liquors  or 
dairy  products,  to  provide  for  the  appointment  of  a  State  Food  Com- 
missioner and  his  assistants,  to  define  their  powers  and  duties  and  to 
repeal  all  Acts  relating  to  the  production,  manufacture  and  sale  of 
dairy  and  food  products  and  liquors  in  conflict  therewith,"  approved 
May  14,  1907,  and  in  force  July  1,  1907,  as  subsequently  amended  is 
hereby  repealed. 

Approved  June  28,  1919. 


576  FOODS   AND   DAIEIES. 


REQUIREMENTS  OP  FOOD   OFFERED  FOR   SALE. 

§    1.     Amends  section  39,  Act  of  1907.  •        §   39.     Standard    of    purity    and 

strength — license  —  fee 
— penalty  for  violation 
of  Act. 

(House  Bill  No.   701.     Approved  June   28,    1919.) 

An  Act  to  amend  section  39  of  an  Act  entitled,  "'An  Act  to  prevent 
fraud  in  the  sale  of  dairy  products,  their  imitation  or  substitutes,  to 
prohibit  and  prevent  the  manufacture  and  sale  of  unhealthful,  adult- 
erated or  misbranded  foods,  liquors  or  dairy  products,  to  provide  for 
the  appointment  of  a  State  Food  Commissioner  and  his  assistants,  to 
define  their  powers  and  duties  and  to  repeal  all  Acts  relating  to  the 
production,  manufacture  and  sale  of  dairy  and  food  products  and 
liquors  in  conflict  herewith",  approved  May  1J/-,  1907,  in  force  July 
1,  1907,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  39  of  an  Act  en- 
titled, "An  Act  to  prevent  fraud  in  the  sale  of  dairy  products,  their 
imitation  or  substitutes,  to  prohibit  and  prevent  the  manufacture  and 
sale  of  unhealthful,  adulterated  or  misbranded  foods,  liquors  or  dairy 
products,  to  provide  for  the  appointment  of  a  State  Food  Commissioner 
and  his  assistants,  to  define  their  powers  and  duties  and  to  repeal  all 
Acts  relating  to  the  production,  manufacture  and  sale  of  dairy  and  food 
products  and  liquors  in  conflict  herewith,"  approved  May  14,  1907,  in 
force  July  1,  1907,  as  amended,  is  amended  to  read  as  follows : 

§  39.  (a)  In  the  enforcement  of  this  Act,  and  in  the  construc- 
tion thereof,  the  following  named  articles  of  foodstuffs,  when  offered 
for  sale  or  exposed  for  sale,  or  sold,  shall  conform  to  the  analytical  re- 
quirements set  opposite  each  respectively : 

Milk  shall  contain  not  less  than  three  (3)  per  cent  of  milk  fat 
and  not  less  than  eight  and  one-half  (8%)  per  cent  of  solids,  not  fat. 

Cream  shall  contain  not  less  than  eighteen  (18)  per  cent  of  milk 
fat. 

Maple  sugar  shall  contain  not  less  than  sixty-five  one  hundredths 
(0.65)   per  cent  of  maple  ash  in  the  water-free  substance. 

Honey  is  a  leavo-rotatory,  contains  not  more  than  twenty-five 
(0.25)  per  cent  of  water,  not  more  than  twenty-five  hundredths  (0.25) 
per  cent  of  ash,  and  not  more  than  eight  (8)  per  cent  of  sucrose. 

Cloves  shall  contain  not  more  than  five  (5)  per  cent  of  clove  stems, 
not  less  than  ten  (10)  per  cent  of  volatile  ether  extract,  not  less  than 
twelve  (12)  per  cent  of  quercitannic  acid,  not  more  than  eight  (8) 
per  cent  of  total  ash,  not  more  than  five-tenths  (0.5)  per  cent  of  ash 
insoluble  in  hydrochloric  acid,  and  not  more  than  ten  (10)  per  cent 
of  crude  fiber. 

Black  pepper  shall  contain  not  less  than  six  (6)  per  cent  of  non- 
volatile ether  extract,  not  less  than  twenty-give  [five]  (25)  per  cent 
of  pepper  starch,  nor  more  than  seven  (7)  per  cent  of  total  ash,  not 
more  than  two  (2)  per  cent  of  ash  insoluble  in  hydrochloric  acid,  and 
not  more  than  fifteen  (15)   per  cent  of  crude  fiber. 

Lemon  extract  shall  contain  not  less  than  five  (5)  per  cent  of 
oil  of  lemon  by  volume. 


FOODS   AND   DAIRIES.  577 


Orange  extract  shall  contain  not  less  than  five  (5)  per  cent  of 
oil  of  orange  by  volume. 

Vanilla  extract  shall  contain  in  one  hundred  (100)  cubic  centi- 
meters the  soluble  matters  from  not  less  than  ten  (10)  grams  of  vanilla 
bean. 

Olive  oil  has   a  refractive   index    (25°C)    not   less   than    one   and 
forty-six  hundred  and  sixty  ten-thousandths   (1.4660)   and   not  exceed- 
ing one  and  forty-six  hundred  and   eighty   ten-thousandths    (1.4680), 
and  an  iodin  number  not  less  than  seventy-nine   (79)   and  not  <■■ 
ing  ninety   (90). 

All  vinegars  shall  contain  four  (4)  grams  of  acetic  acid  in  one 
hundred  (100)  cubic  centimeters  (20°C.) 

Cider  vinegar  shall  contain  not  less  than  one  and  six-tenths  (1.6) 
grams  of  apple  solids,  and  not  less  than  twenty-five  hundredths  (0.25) 
grams  of  apple  ash  in  one  hundred  (100)  cubic  centimeters  (20°C.). 

Malt  vinegar  shall  contain  in  one  hundred  (100)  cubic  centimeters 
(20°C.)  not  less  than  two  (2)  grams  of  solids  and  not  less  than  two- 
tenths  (0.2)  grams  of  ash. 

Wine  vinegar  shall  contain  not  less  than  one  (1)  gram  of  grape 
solids  and  not  less  than  thirteen-hundredths  (0.13)  gram  of  grape  ash 
in  one  hundred  cubic  centimeters  (20°C). 

(b)  Tee  cream  is  a  frozen  substance,  made  from  cream,  or  milk 
and  cream,  and  sugar,  with  or  without  the  additions  of  such  other 
wholesome  substances  as  have  customarily  been  used  in  making  ice 
cream,  and  contains  not  less  than  eight  per  cent  (8%)  milk  fat,  and 
manufactured,  stored,  distributed  and  dispensed  in  a  sanitary  manner. 
The  following  other  substances  have  customarily  been  used  in  making 
ice  cream :  Eggs,  flours,  starches,  butter,  gelatin,  flavoring,  harmless 
colors,  nuts,  fruits,  partries.   [pastries]   and  condensed  milks. 

In  the  enforcement  of  this  Act  and  in  the  construction  thereof 
all  articles  of  food  not  defined  in  this  Act,  when  offered  for  sale,  or  ex- 
posed for  sale,  or  sold,  shall  conform  to  the  definition  and  analytical 
requirements  of  the  standard  adopted  and  promulgated  from  time  to 
time  by  the  Food  Standards  Commission:  Provided,  that  standards  of 
quality,  purity  or  strength,  for  food  products,  adopted  from  time  to 
time  by  the  Food  Standards  Commission  and  the  regulations  concern- 
ing the  labeling  of  food  products,  adopted  from  time  to  time  by  the 
State  Food  Commissioner,  shall  constitute  prima  facie  evidence  in  the 
trial  of  all  cases  in  court  of  the  proper  standard  or  of  the  proper  label- 
ing: Provided,  that  nothing  in  this  section  shall  be  construed  to  pre- 
vent the  sale  of  any  wholesome  food  product  which  is  below  such  stand- 
ard, if  such  article  of  food  be  labeled  so  as  to  clearly  indicate  such 
variation:  Provided,  further,  that  in  all  places  where  foods  below  such 
standards  are  sold  in  bulk  or  have  been  removed  from  its  original 
package,  there  shall  be  placed  in  a  prominent  position  a  placard  in 
large  letters  of  not  less  than  one  inch  in  length  which  shall  clearly 
indicate  such  variation  so  as  to  be  easily  read  by  customers. 

(c)  All  persons,  firms  or  corporations  in  the  State  of  Illinois 
now  engaged  in  the  manufacture  of  ice  cream,  water  ices,  frozen  pud- 

—37  L  • 


578  FOODS   AND    DAISIES. 


dings  or  any  other  food  products  made  in  part  from  milk  or  cream 
and  frozen,  for  sale  shall,  before  the  first  day  of  September,  1919,  make 
application  to  the  Department  of  Agriculture  for  a  license;  and  all 
persons,  firms  or  corporations  that  hereafter  engage  in  the  manufac- 
ture of  ice  cream,  water  ices,  frozen  puddings  or  any  other  food  products 
made  in  part  from  milk  or  cream  and  frozen,  for  sale,  except  churches, 
charitable  institutions,  picnics,  chautauquas  or  other  social  gatherings 
which  are  not  regularly  engaged  in  such  business,  shall  before  engaging 
in  such  business  apply  to  the  Department  of  Agriculture  for  a  license. 
Thereupon  the  Director  of  the  Department  of  Agriculture,  or  his  agents, 
shall  inspect  the  establishment,  equipment  and  utensils,  and  shall  also 
ascertain  if  the  building  and  equipment  comply  with  the  sanitary  law 
and  the  rules  and  regulations  of  the  Department  of  Agriculture  that 
shall  be  made  from  time  to  time  governing  these  establishments. 

After  the  inspectors  of  the  Department  of  Agriculture  have  ex- 
amined the  premises  and  have  been  satisfied  that  the  places  now  in 
existence  or  about  to  be  established  comply  with  the  sanitary  law  of 
the  State,  the  Department  of  Agriculture  shall  notify  the  applicant 
that  his  place  does  comply,  and  the  applicant  shall  then  mail  a  check 
to  the  State  Treasurer  covering  the  amount  of  license  fee.  Upon  re- 
ceipt of  same  the  State  Treasurer  shall  notify  the  Director  of  the  De- 
partment of  Agriculture  of  the  receipt  of  said  license  fee  and  there- 
upon the  Director  of  the  Department  of  Agriculture  shall  issue  a  license 
to  such  applicant. 

The  license  fee  for  persons,  firms  or  corporations  who  manufac- 
ture ice  cream,  water  ices,  frozen  puddings  or  any  other  food  products 
made  in  part  from  milk  or  cream  and  frozen,  for  their  own  retail  pur- 
poses, except  churches,  charitable  institutions,  picnics,  chautauquas  or 
other  social  gatherings  which  are  not  regularly  engaged  in  such  busi- 
ness shall  be  one  dollar  annually,  which  shall  be  paid  into  the  State 
treasury  before  the  first  of  September  of  each  year. 

All  persons,  firms  or  ■  corporations  who  manufacture  ice  cream, 
water  ices,  frozen  puddings  or  any  other  food  products  made  in  part 
from  milk  or  cream,  and  frozen,  in  a  wholesale  manner,  for  sale  to 
persons,  firms  or  corporations  who  re-sell  the  same,  shall  pay  a  license 
fee  of  ten  dollars  annually. 

(d)  Whosoever  shall  violate  any  of  the  provisions  of  Paragraph 
(c)  of  this  section  shall  be  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished as  provided  in  section  41  of  this  Act;  and  in  addition  thereto, 
the  Director  of  the  Department  of  Agriculture  may,  after  three  days' 
notice  in  writing,  revoke  such  offender's  license,  or  he  may  suspend  it 
for  such  time  as  may  be  necessary  for  such  offender  to  put  his  place 
in  order  to  comply  with  the  law.  Upon  request,  the  Director  of  Agri- 
culture shall  re-inspect,  and  if  the  legal  requirements  are  found  ful- 
filled, he  shall  be  reinstated. 

Approved  June  28,  1919. 


FORESTRY.  579 


FORESTEY. 


FOREST  PRESERVE   DISTRICTS. 

§    1.     Amends  section  12,  Act  of  1913.  §   2.     Emergency. 

§  12.  Powers  and  duties  of 
president  —  right  of 
veto — passage  of  ordi- 
nances. 

(Senate  Bill  No.   72.     Approved  June  28,   1919.) 

An  Act  to  amend  section  12  of  an  Act  entitled  "An  Act  to  provide 
for  the  creation  and  management  of  forest  preserve  districts  and  re- 
pealing certain  Acts  therein  named"  approved  June  27,  1913,  in  force 
July  1,  1913,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  tlie  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  12  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  creation  and  management  of  forest 
preserve  districts  and  repealing  certain  Acts  therein  named"  approved 
June  27,  1913,  in  force  July  1,  1913,  as  subsequently  amended,  be  and 
the  same  is  hereby  amended  so  as  to  read  as  follows : 

§  12.  The  president  of  the  board  of  commissioners  of  any  dis- 
trict organized  hereunder,  shall  preside  at  all  meetings  of  the  board 
and  be  the  executive  officer  of  such  district ;  he  shall  sign  all  ordinances, 
resolutions  and  other  papers  necessary  to  be  signed  and  shall  execute 
all  contracts  entered  into  by  such  district  and  perform  such  other  duties 
as  may  be  prescribed  by  ordinances.  He  shall  have  the  right  to  veto 
any  ordinance  and  also  all  orders,  resolutions  and  actions,  or  any  items 
therein  contained,  of  the  board  which  provides  for  the  purchase  of  real 
estate,  or  for  the  construction  of  any  power  plant,  comfort  station  or 
shelter  house  to  be  erected  thereon ;  provided,  that  such  veto  shall  be 
filed  with  the  secretary  of  such  board  within  five  days  after  the  passage 
of  such  ordinance,  order,  resolution  or  action  and  when  so  vetoed  such 
ordinance,  order,  resolution  or  action  or  any  item  therein  contained 
shall  not  be  effective  unless  the  same  be  again  passed  by  two-thirds 
vote  of  all  the  members  of  such  board.  The  president  shall  be  en- 
titled to  the  same  right  to  vote  as  the  other  commissioners  possess.  In 
the  temporary  absence  or  inability  of  the  president,  the  commissioners 
may  elect  from  their  own  number  a  president,  pro  tern. 

The  "Yeas"  and  "Nays"  shall  be  taken  upon  the  passage  of  all 
ordinances  and  all  proposals  to  create  any  liability  or  for  the  expendi- 
ture or  appropriation  of  money  and  in  all  other  cases  at  the  request 
of  any  member  of  the  board  and  shall  be  entered  on  the  journal  of 
the  board's  proceedings,  and  the  concurrence  of  a  majority  of  all  the 
members  appointed  to  the  board  shall  be  necessary  to  the  passage  of 
any  such  ordinance  or  provision. 

§  2.  Whereas,  an  emergency  exists,  this  Act  shall  take  effect  im- 
mediately upon  its  passage. 

Approved  June  28,  1919. 


580  GENERAL   ASSEMBLY. 


GENEEAL  ASSEMBLY. 


OFFICERS   AND   EMPLOYEES. 
Senate  officers  to  be  elected.  §      6.     No    compensation    for    recess 


§      2.     House   officers  to   be   elected. 


temporary   adjournment. 
§     7.     Certificate  to  Auditor. 


Power  to  appoint — number  to  be 

determined   by   majority   vote.  §      8.     Persons    designated    in    Act    con- 

sidered  officers    and   employees 
Private    secretary,    etc.,    for    pre-  — how   paid. 


siding   officers. 
§      5.     Pate  of  compensation. 


§      9.     Repeals  Act  of   1911. 


§   10.     Emergency. 
(Senate  Bill  No.   48.     Approved  March  4,   1919.) 

An  Act  in  relation  to  the  officers  and  employees  of  the  General  Assembly 
and  to  repeal  an  Act  therein  named. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  Senate  at  each  session  of  the 
General  Assembly  shall  elect  the  following  officers :  A  president  of  the 
Senate,  pro  tern,  a  secretary,  a  sergeant-at-arms,  a  postmaster,  and  a 
clerk  of  the  enrolling,  transcribing  and  typing  of  bills  committee.  The 
clerk  of  the  enrolling,  transcribing  and  typing  of  bills  committee  shall 
not  be  elected  until  the  chairman  of  the  enrolling,  transcribing  and 
typing  of  bills  committee  of  the  Senate  shall  report  to  the  Senate  that 
the  services  of  such  clerk  are  necessary. 

The  Senate  shall  fix  the  compensation  of  the  secretary,  sergeant-at  ■ 
arms,  postmaster,  and  clerk  of  the  enrolling,  transcribing  and  typing  of 
bills  committee. 

All  officers  provided  for  in  this  section,  except  the  president  of  the 
Senate,  pro  tern,  shall,  for  inefficiency  or  neglect  of  duty,  be  subject  to 
removal  or  discharge  by  the  Senate. 

§  2.  The  House  of  Eepresentatives  at  each  session  of  the  General 
Assembly  shall  elect  the  following  officers :  A  presiding  officer  to  be 
known  as  Speaker,  a  chief  clerk,  a  doorkeeper,  a  postmaster,  and  a  clerk 
of  the  enrolling,  transcribing  and  typing  of  bills  committee.  The  clerk 
of  the  enrolling,  transcribing  and  typing  of  bills  committee  shall  not  be 
elected  until  the  chairman  of  the  enrolling,  transcribing  and  typing  of 
bills  committee  of  the  House  of  Eepresentatives  shall  report  to  the 
House  of  Eepresentatives  that  the  services  of  such  clerk  are  necessary. 

The  House  of  Eepresentatives  shall  fix  the  compensation  of  the 
chief  clerk,  doorkeeper,  postmaster,  and  clerk  of  the  enrolling,  tran- 
scribing and  typing  of  bills  committee. 

All  officers  provided  for  in  this  section,  except  the  Speaker,  shall, 
for  inefficiency  or  neglect  of  duty,  be  subject  to  removal  or  discharge  by 
the  House  of  Eepresentatives. 

§  3.  The  Senate  at  each  session  of  the  General  Assembly  shall 
have  power  to  appoint  such  employees,  as  may  be  necessary,  not  to  exceed 
sixty,  except  that  when  emergency  arises  the  President  of  the  Senate 
may  appoint  for  the  duration  of  such  emergency  such  necessary  em- 
ployees at  a  per  diem  to  be  determined  by  the  Senate. 

The  Speaker  of  the  House  of  Eepresentatives  at  each  session  of  the 
General  Assembly  shall  have  power  to  appoint  such  employees  as  may 


GENERAL   ASSEMBLY.  5ft  1 


be  deemed  necessarjr,  not  to  exceed  ninety-seven  (97)  except  that 
when  emergency  arises  the  Speaker  of  the  House  may  appoint  for  the 
duration  of  such  emergency  such  necessary  employees  at  a  per  diem  to  be 
determined  by  the  House. 

Each  House  shall,  by  a  majority  vote  of  all  members  elected,  de- 
termine the  number  of  its  employees  and  their  compensation.  Any 
person  appointed  under  the  provision  of  this  section  shall,  for  inefficiency 
or  neglect  of  duty,  be  subject  to  removal  or  discharge  by  the  Speaker 
in  the  House  of  Representatives  and  by  the  President,  the  Senate  con- 
curring therein,  in  the  Senate. 

§  4.  The  presiding  officer  of  each  House  shall  have  the  power  to 
appoint  a  private  secretary,  a  stenographer,  a  messenger  and  a  janitor 
for  his  office,  aud  shall  also  have  power  to  appoint  a  chaplain  and  a  mail 
carrier  for  the  House  over  which  he  presides. 

Each  House  shall,  by  a  majority  vote  of  all  members  elected,  fix 
the  compensation  of  the  persons  appointed  by  its  presiding  officer. 

Any  person  appointed  under  the  provisions  of  this  section  shall,  for 
inefficiency  or  neglect  of  duty,  be  subject  to  removal  or  discharge  by 
the  presiding  officer  making  the  appointment. 

§  5.  Except  as  otherwise  provided  in  this  section,  no  person 
elected  or  appointed  under  the  provisions  of  this  Act  shall  receive  com- 
pensation for  services  in  excess  of  the  number  of  days  that  the  General 
Assembly  is  in  session. 

The  Senate,  by  a  majority  vote  of  all  members  elected,  may 
authorize  the  secretary  of  the  Senate,  his  first  assistant  and  steno- 
graphers, and  the  clerk  of  the  enrolling,  transcribing  and  typing  of 
bills  committee  of  the  Senate,  or  any  of  them,  for  the  purpose  of 
finishing  up  the  work  in  their  respective  offices,  to  receive  compensation 
for  a  period  not  to  exceed  twenty  (20)  days  after  the  adjournment  of 
the  session. 

The  House  of  Representatives,  by  a  majority  vote  of  all  members 
elected,  may  authorize  the  chief  clerk,  his  first  assistant  and  stenographers, 
and  the  clerk  of  the  enrolling,  transcribing  and  typing  of  bills  com- 
mittee of  the  House  of  Representatives,  or  any  of  them,  for  the  purpose 
of  finishing  up  the  work  in  their  respective,  offices,  to  receive  compen- 
sation for  a  period  not  to  exceed  twenty  (20)  days  after  the  adjourn- 
ment of  the  session. 

The  private  secretary  and  stenographer  of  each  presiding  officer  on 
the  certificate  of  the  presiding  officer  by  whom  such  private  secretary  or 
stenographer  is  appointed,  shall  be  entitled  to  compensation  for  a  period 
not  to  exceed  twenty  (20)   days  after  the  adjournment  of  the  session. 

§  6.  In  the  event  of  a  recess  or  temporary  adjournment  of  the 
General  Assembly,  or  of  either  House  thereof,  for  a  period  of  two  {'2) 
weeks  or  more,  no  officer  or  employee  other  than  the  officers  provided  for 
in  sections  1  and  2  of  this  Act  shall  receive  any  compensation  during 
the  period  of  such  recess  or  temporary  adjournment  except  on  the  certi- 
ficate of  the  presiding  officer  of  the  House  in  which  such  officer  or 
employee  is  employed,  that  the  public  business  requires  the  continuation 
of  the  services  of  such  officer  or  employee  during  such  recess  or  tem- 
porary adjournment. 


582 


GUARDIANS    AND   WARDS. 


§  7.  Upon  the  presentation  of  proper  vouchers  certified  to  by  the 
President  of  the  Senate,  the  Auditor  of  Public  Accounts  shall  draw  his 
warrants  in  favor  of  all  officers  and  employees  of  the  Senate  elected  or 
appointed  pursuant  to  the  provisions  of  this  Act. 

Upon  the  presentation  of  proper  vouchers  certified  to  by  the 
Speaker  of  the  House  of  Eepresentatives,  the  Auditor  of  Public  Accounts 
shall  draw  his  warrants  in  favor  of  all  officers  and  employees  of  the 
House  of  Eepresentatives  elected  or  appointed  pursuant  to  the  provisions 
of  this  Act. 

§  8.  All  officers  and  employees  of  either  House  of  the  General 
Assembly  elected  or  appointed  pursuant  to  the  provisions  of  this  Act, 
shall  be  considered  as  officers  and  emplo3rees  of  the  General  Assembly 
and  shall  be  paid  out  of  the  appropriation  or  appropriations  for  the  pay 
or  compensation  of  the  members,  officers  and  employees  of  the  General 
Assembly. 

§  9.  An  Act  entitled :  "An  Act  to  provide  for  the  election  and 
appointment  of  officers  and  employees  of  the  General  Assembly  of  the 
State  and  fix  their  compensation  and  to  repeal  certain  Acts  therein 
named,"  approved  and  in  force  May  25,  1911,  as  amended,  is  repealed. 

§  10.  Because  of  an  emergency,  this  Act  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

Approved  March  4,  1919. 


GUAEDIANS  AND  WAEDS. 


AMENDMENTS   OF   1919. 


§  1.  Amends  sections  2,  13,  15,  16,  24, 
25,  29  and  47  ;  adds  sections  51, 
52,    53,   54    and   55,  Act  of   1872. 

§  2.  Appointment — jurisdic- 
tion —  non-resident 
shall  not  be  ap- 
pointed. 

§   13.     Form  of  inventory. 

§  15.     Final    settlement. 

§  16.  Accounting  on  final 
settlement  —  County 
Court  to  enforce  set- 
tlement. 

§   24.     Mortgaging  real  estate. 

§   25.     Petition    to    mortgage. 

§  29.  Form  of  petition  — 
when  filed. 

§  47.  Sale  of  real  estate  by 
non-resident  guard- 
ian. 

(House  Bill  No.  726.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  guardians  and 
wards,"  approved  April  10,  1872,  in  force  July  1,  1872,  as  amended, 
by  amending  sections  2,  13,  15,  16,  2k,  25,  29  and  lf7  thereof,  and  by 
adding  thereto  five  new  sections  to  be  known  as  sections  51,  52,  53, 
5k  and  55. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  an  Act  entitled:  "An  Act 


§    51. 


§   52. 


§    53. 


§    54. 


§    55. 


When  guardian  may 
assent  to  sale  of 
minor's  interest  in 
real  estate  about  to 
be  sold  by  decree  of 
court — -court  to  as- 
certain fair  cash 
value. 

Unlawful  possession  of 
any  goods,  etc.,  be- 
longing to  minor — 
duty  of   court. 

Penalty  for  non-com- 
pliance of  court 
order. 

Claims  to  be  filed — 
summons  to  issue — - 
may   demand   jury. 

Depositions       of       wit-, 
nesses. 


GUARDIANS    AND   WARDS.  583 


in  regard  to  guardians  and  wards,"  approved  April  10,  1872,  in  force 
July  1,  1872,  as  amended,  is  amended  by  amending  sections  2,  13,  15, 
16,  24,  25,  29  and  47  thereof,  and  by  adding  thereto  five  new  sections, 
to  be  known  as  sections  51,  52,  53,  54  and  55,  the  amended  and  added 
sections  to  read  as  follows: 

§  2.  The  County  Courts  in  their  respective  counties  may,  when  it 
shall  appear  necessary  or  convenient,  appoint  guardians  of  minors,  in- 
habitants of  or  residents  in  the  same  county,  and  to  such  as  reside  out 
of  this  State  and  have  an  estate  within  the  same,  in  the  county  where 
the  real  estate  or  some  part  thereof  may  lie;  or  if  he  has  no  real  estate, 
then  in  any  county  where  he  may  have  personal  property;  provided,  no 
non-resident  of  this  State  shall  be  appointed  under  this  Act  as  guardian. 

§  13.  The  inventory  shall  describe  the  real  estate,  its  probable 
value  and  rental,  how  derived  and  state  whether  the  same  is  encumbered, 
and  if  encumbered,  how  and  for  how  much;  what  amount  of  money  is 
on  hand ;  and  contain  a  list  of  all  personal  property,  including  annuities 
and  credits  of  the  ward,  and  in  case  of  notes,  bonds  or  other  securities, 
giving  the  rate  of  interest,  to  what  date  interest  has  been  paid,  when  due 
and  how  secured,  designating  them  as  "good",  "doubtful,"  or  "desperate," 
as  the  case  may  be. 

§  15.  At  the  expiration  of  his  trust,  or  sooner  if  the  court  shall 
direct,  the  guardian  shall  pay  and  deliver  to  those  entitled  thereto,  all 
the  property,  money,  estate  and  title  papers  in  his  hands  as  guardian,  or 
with  which  he  is  chargeable  as  such.  Whenever  any  ward,  of  whose  estate 
a  guardian  is  appointed  under  this  Act,  shall  die,  seized  or  possessed  of  or 
interested  in  any  real  or  personal  estate,  then  such  guardian  shall  have 
full  power  and  authority  under  the  letters  issued  to  him  or  her,  and 
subject  to  the  direction  of  the  County  Court  to  make  final  settlement  and 
distribution  of  the  estate  of  such  deceased  ward  without  further  letters 
of  administration  in  such  time  and  manner  as  is  required  by  law  of 
administrators  of  the  estates  of  deceased  persons. 

§  16.  On  any  accounting  and  final  settlement  of  the  guardian, 
he  shall  exhibit  and  file  his  account  as  such  guardian  setting  forth 
specifically,  in  separate  items,  on  what  account  expenditures  were  made 
by  him,  and  all  sums  received  and  paid  out  since  his  last  accounting, 
and  of  all  moneys  due  his  ward  from  all  sources,  and  of  all  money  on 
hand,  and  an  itemized  account  of  all  notes,  bonds,  accounts  and  evi- 
dences of  indebtedness  composing  the  personal  estate  of  his  ward,  and 
said  guardian  shall  produce  and  exhibit  to  the  court  the  notes,  bonds, 
accounts  and  evidences  of  indebtedness  so  itemized,  and  it  is  hereby 
made  the  duty  of  the  court  to  inspect  the  assets  so  exhibited.  Such  ac- 
count shall  be  accompanied  by  proper  vouchers  and  signed  by  him  and 
verified  by  his  affidavit. 

If  the  guardian  shall  fail  to  present  a  full,  complete  and  true  ac- 
count, as  required  by  law,  the  County  Court  shall  have  full  power  to 
state  such  an  account,  which  account  so  stated  by  the  court,  when  en- 
tered of  record,  shall  be  binding  and  conclusive  against  such  guardian, 
and  the  surety  or  sureties  on  his  bond  or  bonds;  subject,  however,  to 
the  right  of  appeal  as  in  other  cases. 


584  GUARDIANS    AND   WAEDS. 


The  County  Courts  of  this  State  shall  enforce  the  settlements  of 
estates  within  the  time  prescribed  by  law,  and  upon  the  failure  of  the 
guardian  to  make  settlement,  as  provided  by  law,  the  court  shall  order 
a  citation  to  issue  to  the  sheriff  of  the  county  where  the  guardian  re- 
sides, or  may  be  found,  requiring  said  guardian  to  appear  at  a  time  to 
be  fixed  by  the  court  and  make  settlement  of  the  estate  or  show  cause  why 
the  same  is  not  done;  and  if  the  guardian  fails  to  appear  at  the  time 
required  by  such  citation,  the  court  shall  order  an  attachment  requir- 
ing the  sheriff  of  the  county  where  the  guardian  resides  or  may  be 
found,  to  bring  the  body  of  said  guardian  before  the  court;  and  upon 
a  failure  of  the  guardian  to  make  settlement  under  the  order  of  the 
court  after  having  been  so  attached,  he  may  be  dealt  with  as  for  con- 
tempt, and  shall  be  forthwith  removed  by  the  court,  and  some  discreet 
person  appointed  in  his  stead;  the  costs  of  such  citation  or  attachment 
to  be  paid  by  the  delinquent  guardian,  and  the  court  shall  enter  a  judg- 
ment therefor,  and  a  fee  bill  and  execution  may  issue  thereon. 

§  24.  The  guardian  may,  by  leave  of  the  County  Court,  mort- 
gage the  real  estate  of  the  ward  for  a  term  of  years  not  exceeding  the 
minority  of  the  ward,  -or  in  fee;  but  the  time  of  the  maturity  of  the 
indebtedness  secured  by  such  mortgage  shall  not  be  extended  beyond 
the  time  of  minority  of  the  ward. 

The  guardian  of  the  estate  of  a  minor  may,  by  leave  of  the  County 
Court,  join,  on  behalf  of  said  board,  with  the  husband  or  wife  of  said 
ward,  in  the  execution  and  delivery  of  any  mortgage  or  deed  of  trust 
in  the  nature  of  a  mortgage,  upon  such  husband's  or  wife's  real  estate, 
and  release,  for  the  benefit  only  of  such  mortgage  or  deed  of  trust  in 
the  nature  of  a  mortgage,  the  dower  and  homestead  interest  of  said 
ward  in  said  real  estate. 

§  25.  Before  any  mortgage  shall  be  made,  or  joined  in  by  the 
guardian,  pursuant  to  the  preceding  section,  the  guardian  shall  petition 
the  County  or  Probate  Court  of  the  county  where  the  ward  resides,  or 
if  the  ward  does  not  reside  in  the  State,  then  of  the  county  where 
the  real  estate  or  some  part  of  it  is  situated,  as  the  case  may  be, 
for  an  order  authorizing  such  mortgage  to  be  made,  or  authoriz- 
ing the  guardian  to  join  therein  as  above  provided,  in  which  petition 
shall  be  set  out  the  condition  of  the  estate,  and  the  facts  and  circum- 
stances on  which  the  petition  is  founded,  and  a  description  of  the 
premises  sought  to  be  mortgaged.  The  petition  shall  be  signed  by  the 
guardian  and  verified  by  his  affidavit,  and  shall  be  filed  at  least  ten 
days  before  a  hearing  shall  be  had  thereon.  Notice  of  such  applica- 
tion shall  be  given  at  least  ten  days  before  the  hearing  thereof  to 
"All  Persons  Concerned"  by  publication  in  some  newspaper  published 
in  the  county  where  the  application  is  made  at  least  once  or  by  setting  up 
written  or  printed  notices  in  four  of  the  most  public  places  in  the 
county  and  the  ward  shall  be  served  with  a  copy  of  such  notice  in  the 
manner  provided  for  service  of  summons  in  suits  in  chancery.  Such 
application  shall  be  docketed  as  other  causes,  and  the  petition  may  be 
amended,  heard  or   continued  for  further  notice,  or  for   other  cause. 


GUARDIANS   AND    WARDS.  585 


The  practice  in  such  cases  shall  be  the  same  as  in  other  cases  in 
chancery.  It  shall  be  the  duty  of  the  guardian  after  making  or  join- 
ing in  such  mortgage,  as  soon  as  may  be,  to  make  a  report  of  his 
action  to  the  court  granting  the  order  which,  if  approved,  shall  be  re- 
corded and  vest  in  the  mortgagee  a  good  and  valid  lien  on  the  minor's 
interest  in  the  mortgaged  premises  for  the  full  amount  of  such  mort- 
gage. The  word  "mortgage"  as  used  in  this  Act  shall  include  a  trust 
deed  and  any  instrument  in  the  nature  of  a  mortgage. 

§  29.  The  petition  shall  set  forth  the  facts  and  circumstances 
on  which  the  petition  is  founded,  the  condition  of  the  estate,  a  par- 
ticular description  of  the  real  estate  sought  to  be  sold,  the  interest  of 
the  ward  therein,  and  the  nature  and  extent  of  all  liens  upon,  and 
other  interest,  if  any,  in  said  real  estate,  so  far  as  the  same  may  be 
known  to  the  petitioner.  The  petition  shall  be  signed  by  the  guardian 
and  verified  by  his  affidavit,  and  shall  be  filed  at  least  ten  days  before 
the  commencement  of  the  term  of  court,  at  which  the  application  shall 
be  made. 

§  47.  Where  any  person  residing  in  any  other  state  of  the  United 
States,  or  any  'territory  thereof,  or  in  any  foreign  country,  shall  have 
been  or  may  hereafter  be  appointed  guardian,  in  the  state,  territory 
or  country  in  which  such  person  resides,  of  any  infant  or  other  person 
owning  real  estate  within  this  State,  not  having  a  guardian  in  this 
State,  it  shall  and  may  be  lawful  for  every  such  guardian  to  file  his 
or  her  petition  in  the  Circuit,  County  or  Probate  Court  of  the  county 
in  which  said  real  estate,  or  the  major  part  thereof,  may  lie,  for  sale 
of  said  real  estate,  for  the  purpose  of  educating,  and  supporting  such 
infant  or  other  person,  or  for  the  purpose  of  investing  the  proceeds  of 
such  real  estate,  or  for  such  other  purpose  as  the  court  which  appointed 
such  guardian  may  order  and  direct ;  and  the  said  Circuit,  County 
or  Probate  Court  is  hereby  fully  authorized  and  empowered  to  order 
a  sale  of  such  real  estate,  conformably  to  the  prayer  of  said  petition: 
Provided,  that  every  such  guardian  applying  for  such  sale  shall  file 
with  his  or  her  petition  an  authenticated  copy  of  his  or  her  letters  of 
guardianship;  and,  provided,  further,  that  the  said  Circuit,  County 
or  Probate  Court  shall  make  no  order  for  sale  under  said  petition,  until 
the  said  guardian  shall  have  executed  and  filed,  in  the  court  which 
appointed  said  guardian,  a  bond,  with  sufficient  security,  approved  by 
said  last  mentioned  court,  for  the  due  and  faithful  application  of  the 
proceeds  of  every  such  sale,  in  such  manner  as  the  said  last  mentioneed 
["mentioned]  court  may  direct,  an  authenticated  copy  of  which  said  bond, 
and  the  approval  thereof,  shall  be  deemed  and  taken  by  the  Circuit, 
County  or  Probate  Court  as  sufficient  evidence  of  the  execution  and  filing 
of  the  same.  The  proceeding  and  practice  and  the  powers  of  the  court 
in  such  case  shall  be  the  same,  as  near  as  ma}r  be,  as  is  provided  by 
law  in  cases  of  applications  and  proceedings  by  resident  guardians  to 
sell  lands  of  their  wards. 

§  51.  Whenever  real  estate  is  about  to  be  sold  by  virtue  of  the 
decree  of  any  court  in  this  State,  in  which  any  minor  has  an  estate 
of  homestead,  dower  or  any  other  interest  whatever,  the  guardian  of 


586  GUARDIANS   AND   WARDS. 


the  estate  of  such  minor  may  petition  the  court  wherein  such  proceed- 
ings are  or  may  be  pending,  appointing  such  guardian  for  authority 
to  assent  in  behalf  of  his  ward  to  the  sale  of  such  minor's  homestead 
estate  or  dower,  or  other  interest  in  the  real  estate  so  sought  to  be 
sold,  and  if  the  court  shall  find  that  the  interests  of  such  minor  will 
be  conserved  thereby,  or  that  it  is  to  the  best  interest  of  said  minor 
that  the  said  interest  in  said  real  estate  be  sold,  it  shall  be  lawful  for 
the  court  to  enter  an  order  so  authorizing  said  guardian  to  assent  to 
the  sale  of  said  minor's  homestead,  dower,  and  any  and  all  other  in- 
terests of  said  minor  in  such  real  estate,  and  said  guardian  shall  then 
so  assent  in  writing  in  the  proceeding  for  such  sale,  whereupon  it  shall 
be  lawful  for  the  court  wherein  such  proceeding  to  sell  such  real  estate 
is  or  may  be  pending  to  enter  an  order,  or  embody  in  its  decree  a  pro- 
vision, directing  such  real  estate  to  be  sold  free  and  clear  of  said 
minor's  homestead  estate  or  dower,  and  any  and  all  other  estate  and 
interest  of  said  minor  in  such  real  estate  or  any  part  thereof;  and 
the  conveyance  pursuant  to  such  decree,  shall  be  valid  and  effectual 
to  convey  to  the  purchaser  the  homestead  estate,  dower  and  any  and 
all  other  interest  of  such  minor  in  and  to  the  real  estate  so  conveyed; 
provided,  that  before  any  disposition  or  distribution  of  the  proceeds 
of  such  sale,  the  court  shall  ascertain  the  fair  cash  value  of  said  home- 
stead estate,  dower  and  other  interest,  if  any,  of  said  minor  in  said 
real  estate,  which  shall  be  paid  over  to  his  guardian,  less  any  portion 
of  the  costs  of  the  proceeding  equitably  chargeable  to  said  minor's  in- 
terest in  such  proceeds  of  such  sale. 

§  52.  If  any  guardian  of  the  estate  of  a  minor,  or  any  other 
person  interested  in  said  minor  or  his  estate,  or  any  other  person  shall 
state  upon  oath,  to  any  County  Court,  that  he  believes  that  any  person 
has  in  his  possession  or  control,  or  has  concealed,  converted  or  em- 
bezzled, any  goods,  chattels,  moneys  or  effects,  books  of  account,  papers 
or  any  evidence  of  debt  whatever,  or  titles  to  lands,  belonging  to  said 
minor;  or  that  he  believes  that  any  person  has  any  knowledge  or  in- 
formation of  or  concerning  any  indebtedness  or  evidences  of  indebted- 
ness, or  property,  titles  or  effects,  belonging  to  such  minor,  which 
knowledge  or  information  is  necessary  to  the  recovery  of  the  same,  by 
suit  or  otherwise,  by  the  guardian  of  said  minor,  or  said  minor,  and 
that  such  person  refuses  to  give  to  the  guardian  such  knowledge  or  in- 
formation, the  court  shall  require  such  person  to  appear  before  it  by 
citation,  and  may  examine  him  on  oath,  and  hear  the  testimony  of  such 
guardian,  and  other  evidence  offered  by  either  party,  and  make  such 
order  in  the  premises  as  the  case  may  require. 

§  53.  If  any  such  person  so  cited,  refuses  to  answer  such  proper 
interrogatories  as  may  be  propounded  to  him,  or  refuses  to  deliver  up 
such  property  or  effects,  or  in  case  the  same  has  been  converted,  the 
proceeds  or  value  thereof,  upon  a  requisition  being  made  for  that  pur- 
pose by  an  order  of  the  said  court,  such  court  may  commit  such  person ' 
to  jail  until  he  shall  comply  with  the  order  of  the  court  therein. 

§  54.  It  shall  be  lawful  for  any  peraon  having  a  claim  or  demand 
against  a  minor  who  has  a  guardian  of  his  estate  appointed  under  this 


GUARDIANS    AND    WARDS. 


587 


Act,  to  file  the  same  in  the  office  of  the  clerk  of  the  court  appointing 
such  guardian;  which  claim  shall  be  itemized  and  give  the  date  of  each 
item  and  be  verified  by  the  oath  of  the  claimant  and,  unless  the  guardian 
of  the  estate  of  said  minor  waives  the  issuance  of  process,  the  clerk  of 
the  court  shall  issue  a  summons  directed  to  the  sheriff  of  the  county 
where  such  guardian  resides,  requiring  such  guardian  to  appear  and 
defend  such  claim  at  any  clay  of  any  term  of  court,  fixed  by  the  court, 
not  less  than  ten  days  nor  more  than  thirty  days  from  the  service  of 
such  summons,  whereupon  or  at  such  time  thereafter  as  the  court  may 
fix,  the  court  may  proceed  to  hear  the  same,  as  in  cases  of  claims  against 
the  estate  of  deceased  persons,  and  the  practice  in  the  hearing  of  such 
claims  and  demands  shall  be  the  same,  as  near  as  may  be  as  the  practice 
in  the  trials  of  claims  filed  against  the  estates  of  decedents,  in  the 
County  Court,  and  the  court  may  dismiss  the  claim,  or  allow  the  same  in 
whole  or  in  part,  or  make  any  other  order  therein,  as  may  be  just  and 
equitable,  and  order  the  same  to  be  paid  by  the  guardian  as  he  shall  have 
funds  applicable  thereto;  nothing  herein  shall  be  construed  to  abrogate 
any  of  the  legal  defenses  of  a  minor  according  to  law.  Either  party 
may' demand  a  jury  of  six  or  twelve  men  to  try  the  issue  and  it  shall  be 
the  duty  of  the  County  or  Probate  Court  where  a  jury  is  demanded  to 
issue  a  venire  to  the  sheriff  of  the  county  to  summon  a  jury,  to  be  com- 
posed of  the  number  demanded.  When  a  claim  is  filed,  in  the  County 
Court  against  the  estate  of  a  minor,  and  it  appears  on  the  trial  thereof 
that  such  claimant  is  indebted  to  said  minor,  the  said  court  may  give 
judgment  against  the  claimant  therefor  and  execution  may  issue  thereon 
in  favor  of  the  guardian  or  said  minor;  provided,  nothing  in  this  section 
shall  exclude  the  jurisdiction  of  other  courts. 

§  55.  Depositions  of  witnesses  in  proceedings  under  this  Act  shall 
be  taken  in  the  same  manner,  as  near  as  may  be,  as  is  now  or  may  here- 
after be  provided  by  law  for  the  depositions  of  such  witnesses  in  suits 
at  law  or  in  chancery. 

Approved  June  28,  1919. 


SALE   OF  REAL.  ESTATE   OR  MINING  RIGHTS. 


§    1- 


Amends    sections    28    and    32,    Act 
of    1872. 


§   32. 


Sale     of     real      estate, 
mining  rights,    etc. 


§  28.  Proceedings  to  sell  real 
estate  or  to  mine  or 
drill  the  land  of 
ward. 

(House  Bill  No.  543.     Approved  June  28,  1919.) 

An  Act  to  amend  sections  twenty-eight  (28)  and  thirty-two  (32)  of  an 
Act  entitled,  "An  Act  in  regard  to  guardians  and  wards" ,  approved 
April  10,  1812,  in  force  July  1,  1872: 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  twenty-eight  (28) 
and  thirty-two  (32),  of  an  Act  entitled:  "An  Act  in  regard  to 
guardians  and  wards"  approved  April  10,  1872,  in  force  July  1,  1872  be 
and  the  same  are  hereby  amended  to  read  as  follows : 


588  GUARDIANS   AND   WARDS. 


§  28.  On  the  petition  of  the  guardian,  the  County  Court  of  the 
county  where  the  ward  resides,  or  if  the  ward  does  not  reside  in  the 
State,  of  the  county  where  the  real  estate,  or  some  part  of  it  is  situated, 
may  order  the  sale  of  the  real  estate  of  the  ward,  or  of  the  right  to  mine 
and  obtain  any  mineral  or  the  right  to  drill  and  obtain  oil  or  gas  from 
the  land  of  the  ward,  for  his  support  and  education,  when  the  court 
shall  deem  it  necessary  or  to  invest  the  proceeds  in  other  real  estate  or 
for  the  purpose  of  otherwise  investing  the  same :  Provided,  the  said 
County  Court  shall  make  no  order  for  a  sale  under  said  petition  until 
the  said  guardian  shall  have  executed  and  filed  a  bond,  payable  to  the 
People  of  the  State  of  Illinois,  with  at  least  two  sufficient  sureties,  to  be 
approved  by  the  court,  in  double  the  value  of  the  real  estate  or  mining 
rights  by  said  petition  sought  to  be  sold,  conditioned  for  the  clue  and 
faithful  accounting  for,  and  disposition  of  the  proceeds  of  all  real  estate 
or  mining  rights  that  may  be  sold  by  him  under  such  order,  in  the 
manner  provided  by  law;  provided,  further  that  in  case  of  the  sale  of 
any  mining  right  of  a  ward  upon  a  royalty  basis  and  not  for  a  lump  sum, 
the  bond  herein  provided  for  shall  be  for  such  sum  as  the  court  may 
direct;  which  bond  may  be  put  in  suit  in  the  name  of  the  People  of  the 
State  of  Illinois,  to  the  use  of  any  person  entitled  to  recover  on  a  breach 
thereof,  and  damages  assessed  and  proceedings*  had  thereon  as  in  other 
cases  of  penal  bonds.  And  the  court  may  also  investigate  and  determine 
all  questions  of  conflicting  or  controverted  titles  arising  between  any 
of  the  parties  to  such  proceeding,  and  may  remove  clouds  from  the  title 
to  any  real  estate  or  mining  right  sought  to  be  sold  or  mortgaged,  and 
invest  purchasers  or  mortgagees  with  a  good  and  indefeasible  title  to  the 
premises  sold  or  mortgaged. 

§  32.  ISTo  lands  or  tenements  or  mining  rights  shall  be  sold  by 
virtue  of  any  order  or  decree  of  the  County  or  Probate  Court  unless 
such  sale  is  at  public  vendue  and  between  the  hours  of  ten  o'clock  in  the 
forenoon  and  five  o'clock  in  the  afternoon  of  the  same  day,  nor  unless 
the  time,  place  and  terms  of  holding  such  sale  were  previously  published 
for  the  space  of  four  weeks  by  posting  up  notices  thereof  in  at  least  four 
of  the  most  public  places  in  the  county  where  such  real  estate  shall  be 
sold,  and  also  by  causing  a  similar  notice  thereof  to  be  published  four 
successive  weeks  prior  to  the  sale,  in  some  newspaper  published  in  such 
county,  or  if  there  be  no  such  newspaper,  then  in  such  other  newspaper 
in  this  State  as  the  court  shall  direct,  nor  unless  such  real  estate  or 
mining  rights  shall  be  described  with  common  certainty  in  such  notices. 
And  the  court  may  direct  the  sale  to  be  made  on  reasonable  credit  and 
when  mining  rights  only  are  sold  the  court  may  direct  the  sale  thereof 
to  be  made  either  upon  a  royalty  basis  or  for  a  lump  sum  in  such  man- 
ner and  upon  such  terms  as  may  appear  to  the  court  to  be  for  the  best 
interest  of  the  ward  and  may  require  such  security  of  the  guardian  or 
purchaser  as  the  interests  of  the  ward  may  require. 
'Approved  June  28,  1919. 


HEALTH.  589 

HEALTH. 

COMMUNICABLE   DISEASES. 

$   1.     Counties  or  cities  may  provide  for       §  3.     To  whom   to   apply. 

segregation   of   persons   suffering 

with   communicable   diseases.  §   4.     Person    charged    with    crime    may 

be  sent  to  hospital  if  suffering 
§   2.     May  provide   hospitals — cost  to  be  with   disease. 

paid  from  public  funds. 

(Senate  Bill  No.  253.     Approved  June  28,   1919.) 

An  Act  to  enable  counties  or  cities  to  segregate  and  treat  persons  suf- 
fering from  certain  communicable  diseases. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  That  any  county  or  city  ma}r 
by  ordinance  or  order  provide  for  the  segregation  and  treatment  of 
persons  suffering  from  communicable  venereal  diseases. 

§  2.  Such  counties  or  cities  may  provide  for  the  procurement  and 
maintenance  of  hospitals,  sanitaria  or  clinics  or  for  the  segregation  or 
treatment  in  hospitals,  sanitaria  or  clinics  already  established  and  pay 
the  cost  and  expenses  thereof  from  the  public  funds  of  such  county 
or  city. 

§  3.  Any  person  suffering  from  any  communicable  venereal 
disease  may  apply  to  the  county  or  city  clerk,  the  clerk  of  any  County 
or  City  Court  or  to  any  peace  officer  for  admission  to  treatment  in  such 
county  or  city  hospital,  sanitarium  or  clinic  and  it  shall  be  the  duty 
of  such  officer  to  refer  such  applicants  to  the  director  or  person  in 
charge  of  such  institution  to  treat  such  applicant  as  the  case  may  re- 
quire. 

§  4.  When  it  appears  to  any  judge  or  justice  of  the  peace  from 
the  evidence  or  otherwise  that  any  person  coming  before  him  on  any 
criminal  charge  may  be  suffering  from  any  communicable  venereal 
disease,  it  shall  be  the  duty  of  such  judge  or  justice  of  the  peace  to 
refer  such  person  to  the  director  of  such  hospital,  sanitarium  or  clinic, 
or  to  such  other  officer  as  shall  be  selected  or  appointed,  for  the  pur- 
pose of  examining  the  accused  person  and  if  such  person  be  found  to 
be  suffering  from  any  communicable  venereal  disease,  he  or  she  may  by 
order  of  the  court  be  sent  for  treatment  to  a  hospital,  sanitarium  or  clinic 
if  any  be  available  and  if  necessary  to  be  segregated  for  such  term  as 
the  court  may  impose  at  such  hospital,  sanitarium  or  clinic. 

Approved  June  28,  1919. 


590  HOMESTEADS. 


HOMESTEADS. 


EXEMPTION. 
§    1.     Amends   section    4,   Act   of    1873.  §   4.     Procedure   in  validating. 

(House  Bill  No.  516.     Appkoved  June  23,  1919.) 

An  Act  to  amend  section  4-  of  an  Act  entitled,  "An  Act  to  amend  an 
Act  entitled  'An  Act  to  exempt  the  homestead  from  forced  sale,  and 
to  provide  for  setting  off  the  same,  and  to  exempt  certain  personal 
property  from  attachment  and  sale  on  execution,  and  from  distress 
for  rent";  approved  April  30,  1873;  in  fotce  July  1,  1873,  as  subse- 
quently amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  4  of  an  Act  en- 
titled "An  Act  to  amend  an  Act  entitled  'An  Act  to  exempt  the  home- 
stead from  forced  sale,  and  to  provide  for  setting  off  the  same,  and  to 
exempt  certain  personal  property  from  attachment  and  sale  on  execu- 
tion, and  from  distress  for  rent" ;  approved  April  30,  1873 ;  in  force 
July  1,  1873,  as  subsequently  amended,  so  that  said  section  when 
amended  will  read  as  follows : 

§  4.  No  release,  waiver  or  conveyance  of  the  estate  so  exempted, 
shall  be  valid,  unless  the  same  is  in  writing,  subscribed  by  said  house- 
holder and  his  or  her  wife  or  husband,  if  he  or  she  have  one,  and  ac- 
knowledged in  the  same  manner  as  conveyances  of  real  estate  are  re- 
quired to  be  acknowledged,  or  possession  is  abandoned  or  given  pur- 
suant to  the  conveyance;  or  if  the  exemption  is  continued  to  a  child 
or  children,  without  the  order  of  a  court  of  competent  jurisdiction  di- 
recting a  release  thereof :  Provided  that  where  a  conveyance  is  made 
by  a  husband,  who  is  such  householder  as  grantor,  to  his  wife,  or  by  a 
wife  who  is  such  householder  as  grantor,  to  her  husband,  such  convey- 
ance shall  be  effectual  to  pass  the  title  expressed  therein  to  be  conveyed 
thereby  whether  the  grantor  in  such  conveyance  is  joined  therein  by 
such  wife  or  husband,  as  the  case  may  be  or  not.  And  provided  fur- 
ther, in  all  cases  where  such  release,  waiver  or  conveyance  shall  be 
taken  by  way  of  mortgage  or  security,  the  same  shall  only  be  operative 
as  to  such  specific  release,,  waiver  or  conveyance;  and  when  the  same 
includes  different  pieces  of  land,  or  the  homestead  is  of  greater  value 
than  one  thousand  dollars,  said  other  lands  shall  first  be  sold  before 
resorting  to  the  homestead,  and  in  case  of  the  sale  of  such  homestead, 
if  any  balance  shall  remain  after  the  payment  of  the  debt  and  costs, 
such  balance  shall,  to  the  extent  of  one  thousand  dollars  ($1,000)  be 
exempt,  and  be  applied  upon  such  homestead  exemption  in  the  man- 
ner provided  by  law. 

Approved  June  23,  1919. 


HOUSING.  591 


HOUSING. 


POWERS  AND  DUTIES  OF  COMMISSION. 

§   1.     Members — how   chosen.  §  3.     Duty. 

8   2.     Organization — term    of   service.  §   4.     Sources  of  information  and  assist- 

ance. 

(Senate  Bill  No.  530.     Approved  June  28,  1919.) 

An  Act  to  establish  the  Illinois  Housing  and  Building  Commission  and 
to  define  its  powers  and  duties. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Illinois  Housing  and 
Building  Commission  is  hereby  created.  Such  commission  shall  con- 
sist of  seven  members,  all  to  be  appointed  by  the  Governor.  Of  the 
seven  members. of  said  commission,  two  shall  be  members  of  the  Senate  of 
the  51st  General  Assembly,  two  shall  be  members  of  the  House  of 
Representatives  of  the  51st  General  Assembly,  one  shall  be  an  archi- 
tect, one  shall  be  a  building  contractor,  and  the  seventh  member  any 
voter  in  the  State  of  Illinois.  The  Governor  shall  designate  the  chair- 
man of  said  commission. 

§  2.  The  commissioners  shall  meet  and  organize  as  soon  as  pos- 
sible after  their  appointment.  The  duties  and  functions  of  the  com- 
mission shall  cease  and  the  terms  of  office  of  the  members  thereof  shall 
terminate  upon  the  convening  of  the  52nd  General  Assembly. 

§  3.  It  shall  be  the  duty  of  the  commission  to  prepare  and  draft 
a  State  housing  code,  a  State  building  code,  and  a  zoning  bill  for  the 
State  of  Illinois,  for  presentation  to  the  52nd  General  Assembly. 

§  4.  The  Department  of  Public  Works  and  Buildings,  the  De- 
partment of  Public  Welfare,  the  Department  of  Public  Health,  the 
Department  of  Trade  and  Commerce,  the  Department  of  Labor,  the 
Joint  Legislative  Reference  Bureau  and  all  other  departments  and  agea- 
cies  of  the  State  government  shall  furnish  such  information  and  assist- 
ance as  may  be  required  of  them  by  the  commission,  with  reference  to 
the  performance  of  its  duties  under  the  provisions  of  this  Act. 

Approved  June  28,  1919. 


592 


INCOMPETENTS. 


INCOMPETENTS. 


IDIOTS,   LUNATICS,    DRUNKARDS  AND   SPENDTHRIFTS. 

§   44 


§    46. 

§    47. 

§    48. 

§   49. 
§   50. 

§   51. 

§    52. 


Bond  for  sale  of  real 
estate. 

Assent  to  sale  of 
homestead  or  other 
interest  of  ward  in 
real  estate — petition 
— hearing — decree  — 
disposition  of  pro- 
ceeds. 

Sale  of  dower  in  real 
estate — procedure. 

Decree  for  sale  of 
estate  in  dower. 

Conveyances    validated. 

Additional  bond  for 
sale  of  ward's  dower 
interest. 

Time  and  manner  of 
sale  ordered  by 
court  —  report — or- 
ders. 

Words  "insane  per- 
son", "spendthrift", 
"incompetent"  and 
"drunkard"      defined. 


§  1.  Amends  sections  1,  2,  10,  18,  20, 
21,  24,  26,  Z7,  28,  29.  42  and  44. 
Act  of  1874,  and  adds  sections 
46,  47,  48,  49,  50,  51,  52,  53,  54, 
55   and  56. 

§      1.      Courts  of  inquiry. 

§  2.  Procedure  for  appoint- 
ment  of   conservator. 

§  10.  Accounting  and  final 
settlement. 

§   18.     Investment    of    money. 

§    20.     Mortgaging  real  estate. 

§  21.  Procedure — "mortgage" 
defined. 

§  24.  Petition — how  prepared 
— filing. 

§  26.  Hearing  on  petition — 
practice — bond. 

§  27.  Sale  'at  public  vendue 
— time  —  publishing 
and  posting  notice — 
terms   of   sale. 

§  28.  Report  of  sale — excep- 
tions— hearing. 

§  29.  Money  and  securities 
from  sale  subject  to 
order   of    court. 

§  42.  Foreign  conservator's 
sale  of  non-resident's 
real  estate — proceed- 
ing, practice  and 
powers    of    court. 

(House  Bill  No.  759. 

An  Act  to  amend  an  Act  entitled:  "An  Act  to  revise  the  law  in  rela- 
tion to  idiots,  lunatics,  drunkards  and  spendthrifts/'  approved  March 
26,  1874,  in  force  July  1,  1874,  as  amended,  by  amending  sections  1, 
2,  10,  18,  20,  21,  M,  26,  27,  28,  29,  1$  and  U  'thereof,  and  by  adding 
thereto  eleven  sections  to  be  known  as  sections  46,  47,  48,  49,  50,  51, 
52,  53,  54,  55  and  56. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly;  An  Act  entitled:  "An  Act  to 
revise  the  law  in  relation  to  idiots,  lunatics,  drunkards  and  spend- 
thrifts/' approved  March  26,  ]874,  in  force  July  1,  1874,  as  amended, 
is  amended  by  amending  sections  1,  2,  10,  18,  20,  21,  24,  26,  27,  28, 
29,  42  and  44  thereof,  and  by  adding  thereto  eleven  sections  to  be 
known  as  sections  46,  47,  48,  49,  50,  51,  52,  53,  54,  55  and  56,  the 
amended  and  added  sections  to  read  as  follows: 

§  1.  When  any  person  having  any  estate,  real  or  personal,  shall 
be,  or  be  supposed  to  be,  an  insane  person,  who,  by  reason  of  unsound- 
ness of  mind,  is  incapable  of  managing  and  caring  for  his  own  estate, 
or  when  any  person  having  any  estate  shall  be,  or  be  supposed  to  be 


§   53. 

Recovery  of  withheld 
property  of  ward. 

§   54. 

Refusal  to  deliver — 
penalty. 

§   55. 

Claims — filing  —  hear- 
ing. 

§   56. 

Depositions. 

Approved  June  28, 

1919.) 

INCOMPETENTS.  593 


a  drunkard  or  spendthrift  or  otherwise  incompetent,  as  defined  in  this 
Act,  the  County  Court  of  the  county  wherein  such  person  resides,  or 
if  such  person  resides  out  of  this  State  and  has  an  estate  within  this 
State,  then,  the  County  Court  of  the  county  where  his  real  estate  or 
a  part  thereof  may  lie,  or  if  such  non-resident  has  no  real  estate  in 
this  State  then  the  County  Court  of  the  county  where  he  may  have 
personal  property,  shall,  on  the  proper  petition  of  any  reputable  citizen 
of  such  county,  for  the  appointment  of  a  conservator  of  the  person  or 
estate  (or  both)  of  such  person,  proceed  in  the  manner  hereinafter 
provided,  to  ascertain  whether  such  person  be  an  insane  person,  who, 
by  reason  of  unsoundness  of  mind,  is  incapable  of  managing  and  caring 
for  his  own  estate,  a  drunkard,  spendthrift  or  incompetent  as  afore- 
said: Provided,  that  in  any  county  wherein  a  Probate  Court  is  or 
hereafter  may  be  established,  such  application  shall  be  made  to  said 
Probate  Court. 

§  2.  On  any  petition  for  the  appointment  of  a  conservator  of 
any  person  being  filed,  the  court  shall  set  said  cause  for  hearing,  sum- 
mons shall  be  issued  returnable  on  any  day  of  the  term,  and  service 
thereof  shall  be  had  upon  the  person  for  whom  a  conservator  is  sought 
to  be  appointed,  in  the  same  manner  by  summons  or  otherwise  as 
service  is  had  in  chancery,  excepting  that  where  personal  service  of 
such  summons  is  had,  such  service  shall  be  had  at  least  three  days 
before  the  return  day  of  such  summons.  At  the  time  fixed  for  the 
hearing,  a  jury  of  six  persons  (or  at  the  request  of  either  the  peti- 
tioner or  the  respondent  twelve  persons)  shall  be  empaneled  to  try  the 
case.  The  court  may,  for  2;ood  cause,  continue  the  case  from  time  to 
time.  If  any  person  be  found  to  be  an  insane  person,  as  defined  in  this 
Act,  who  by  reason  of  such  condition,  is  incapable  of  managing  or 
caring  for  his  estate,  or  a  drunkard,  spendthrift  or  incompetent  person, 
as  defined  by  this  Act,  it  shall  be  the  duty  of  the  court  to  _  appoint  a 
conservator  for  such  person,  or  his  estate  or  both :  Provided,  no  non- 
resident of  this  State  shall  be  appointed  under  this  Act  as  conservator. 
ISTo  petition  filed,  under  the  provisions  of  this  Act  for  the  appointment 
of  a  conservator,  shall  be  dismissed  or  withdrawn,  without  leave  of  the 
court  in  which  such  petition  is  filed. 

The  trial  shall  proceed  in  the  same  manner,  as  near  as  may  be, 
as  trials  at  law  in  the  Circuit  Court,  except  as  otherwise  provided  in 
this  Act.  Upon  the  return  of  the  finding  of  the  jury,  the  court  shall  cause 
the  same  to  be  recorded  at  large  by  the  clerk  of  the  court,  and  unless 
the  court  shall  grant  a  new  trial,  the  court  shall  enter  the  proper  order 
in  accordance  with  the  findings  of  the  jury.  Motions  for  a  new  trial 
in  such  causes  may  be  made  orally  and  when  so  made  shall  be  entered 
upon  the  records. 

§  10.  On  every  accounting  or  final  settlement  of  a  conservator, 
he  shall  exhibit  and  file  his  account  as  such  conservator,  setting  forth, 
specifically,  in  separate  items,  on  what  account  expenditures  were  made 
by  him,  and  all  sums  received  and  paid  out  since  his  last  accounting, 
and  on  what  account  each  was  received  and  paid  out,  and  showing  the 
true  balance  of  money  on  hand — and  an  itemized  account  of  all  notes, 
—38  L 


594  INCOMPETENTS. 


bonds,  investments,  accounts  and  evidences  of  indebtedness  composing 
the  personal  estate  of  his  ward  and  said  conservator  shall  produce  and 
exhibit  to  the-  court,  the  notes,  bonds,  investments,  accounts  and  evi- 
dences of  indebtedness  so  itemized,  and  it  is  hereby  made  the  duty 
of  the  court  to  inspect  the  assets  so  exhibited.  Such  account  shall  be 
accompanied  by  the  proper  vouchers  and  be  signed  by  the  conservator 
and  verified  by  his  affidavit. 

If  the  conservator  shall  fail  to  present  a  full,  complete  and  true 
account,  as  required  by  law,  the  County  Court  shall  have  full  power  to 
state  such  an  account,  which  account  so  stated  by  the  court,  when  en- 
tered of  record,  shall  be  binding  and  conclusive  against  such  conserva- 
tor and  the  surety  or  sureties  on  his  bond  or  bonds ;  subject,  however,  to 
the  right  of  appeal  as  in  other  cases. 

The  County  Courts  of  this  State  shall  enforce  the  settlements  of 
estates  as  prescribed  by  law,  and  upon  the  failure  of  the  conservator 
to  make  settlement,  as  provided  by  law,  the  court  shall  order  a  citation 
to  issue  to  the  sheriff  of  the  county  where  the  conservator  resides,  or 
may  be  found,  requiring  said  conservator  to  appear  at  a  time  to  be 
fixed  by  the  court,  and  make  settlement  of  the  estate,  or  show  cause 
why  the  same  is  not  done;  and  if  the  conservator  fails  to  appear  at 
the  time  required  by  such  citation,  the  court  shall  order  an  attachment 
requiring  the  sheriff  of  the  county  where  the  conservator  resides,  or 
may  be  found,  to  bring  the  body  of  said  conservator  before  the  court; 
and  upon  a  failure  of  the  conservator  to  make  settlement  under  the 
order  of  the  court  after  having  been  so  attached,  he  may  be  dealt  with 
as  for  contempt,  and  shall  be  forthwith  removed  by  the  court,  and  some 
discreet  person  appointed  in  his  stead;  the  costs  of  such  citation  or 
attachment  to  be  paid  by  the  delinquent  conservator,  and  the  court 
shall  enter  a  judgment  therefor,  and  a  fee  bill  and  execution  may  issue 
thereon. 

§  18.  It  shall  be  the  duty  of  the  conservator  to  place  and  keep 
his  ward's  money  at  interest,  upon  security  to  be  approved  by  the  court, 
by  investing,  on  approval  of  the  court,  the  same  in  United  States  bonds 
or  in  the  bonds  of  any  state,  county,  city  or  municipality,  which  are 
not  issued  in  aid  of  railroads  and  where  the  laws  do  not  permit  said 
counties,  cities  or  municipalities  to  become  indebted  in  excess  of  five 
per  cent  of  the  assessed  valuation  of  property  for  taxation  therein,  and 
where  the  total  indebtedness  of  such  county,  city  or  municipality  does 
not  exceed  five  per  cent  of  the  assessed  valuation  of  property  for  taxa- 
tion at  the  time  of  such  investment.  Personal  security  may  be  taken 
for  loans  not  exceeding  $100.  Loans  upon  real  estate  shall  be  secured 
by  first  mortgage,  or  trust  deed  thereon  and  not  to  exceed  one-half 
the  value  thereof.  All  loans  shall  'be  subject  to  the  approval  of  the 
court.  The  conservator  shall  be  chargeable  with  interest  upon  any 
money  which  he  shall  wrongfully  or  negligently  allow  to  remain  in 
bis  hands  uninvested,  after  the  same  might  have  been  invested. 

§  20.  The  conservator  may,  by  leave  of  the  court,  mortgage  the 
real  estate  of  the  ward  for  a  term  of  years,  or  in  fee. 

The  conservator  may,  by  leave  of  the  County  Court,  join  on  behalf 
of  his  ward,  with  the  husband  or  wife  of  his  ward,  in  the  execution 


INCOMPETENTS.  595 


and  delivery  oi  an'y  mortgage  or  deed  of  trust  in  the  nature  of  a  mort- 
gage upon  such  husband's  or  wife's  real  estate  and  to  release  for  the 
benefit  only  of  such  mortgage  or  deed  of  trust,  the  dower  and  home- 
stead interest  of  said  ward  in  said  real  estate. 

§  21.  Before  any  mortgage  shall  be  made,  or  joined  in  by  the 
conservator  pursuant  to  the  preceding  section,  the  conservator  shall 
petition  the  County  or  Probate  Court  appointing  such  conservator,  for 
an  order  authorizing  such  mortgage  to  be  made,  or  authorizing  the 
conservator  to  join  in  a  mortgage  as  above  provided,  in  which  petition 
shall  be  set  out  the  condition  of  the  estate  and  the  facts  and  circum- 
stances on  which  the  petition  is  founded,  and  a  description  of  the 
premises  sought  to  be  mortgaged.  The  petition  shall  be  signed  by  the 
conservator  and  verified  by  his  affidavit. 

If  the  court  shall  grant  to  the  conservator  the  authority  prayed 
for,  it  shall  be  the  duty  of  the  conservator  after  making,  or  joining 
in  such  mortgage,  as  soon  as  may  be,  to  make  a  report  of  his  action 
to  the  court  granting  the  authority,  which,  if  approved,  shall  be  re- 
corded and  vest  in  the  mortgagee  a  good  and  valid  lien  on  the  ward's 
interest  in  the  mortgaged  premises  for  the  full  amount  of  such  mort- 
gage. The  word  "mortgage"  as  used  in  this  Act  shall  include  a  trust 
deed  and  any  instrument  in  the  nature  of  a  mortgage. 

§  24.  The  petition  shall  set  forth  the  facts  and  circumstances 
on  which  the  petition  is  founded,  the  condition  of  the  estate,  a  par- 
ticular description  of  the  real  estate  sought  to  be  sold,  the  interest  of 
the  ward  therein,  and  the  nature  and  extent  of  all  liens  upon,  and 
other  interest,  if  any,  in  said  real  estate,  so  far  as  the  same  may  be 
known  to  the  petitioner.  The  petition  shall  be  signed  by  the  conserva- 
tor and  verified  by  his  affidavit,  and  shall  be  filed  at  least  ten  days 
before  the  commencement  of  the  term  of  court  at  which  the  application 
shall  be  made. 

§  26.  Such  petition  shall  be  docketed  as  other  causes,  and  the 
petition  may  be  amended,  heard  or  continued  for  notice  or  other  cause, 
and  the  practice  in  such  cases  shall  be  the  same  as  in  cases  in  chancery. 

The  court  shall  make  no  order  for  the  sale  of  real  estate  under 
said  petition,  until  the  conservator  shall  have  executed  and  filed  an 
additional  bond  payable  to  the  People  of  the  State  of  Illinois,  with 
at  least  two  sufficient  sureties,  to  be  approved  by  the  court,  in  at  least 
double  the  value  of  the  real  estate,  and  all  interest  therein,  by  said 
petition  sought  to  be  sold,  conditioned  for  the  due  and  faithful  account- 
ing for  and  distribution  of  the  proceeds  of  real  estate  that  may  be 
sold  by  him  or  her  under  such  order,  in  the  manner  provided  by  law, 
which  bond  may  be  put  in  suit  in  the  name  of  the  People  of  the  State 
of  Illinois,  to  the  use  of  a,ny  person  or  persons  entitled  to  recover  on  a 
breach  thereof,  and  damages  assessed  and  proceedings  had  thereon  as 
in  other  cases  of  penal  bonds. 

§  27.  No  lands  or  tenements  shall  be  sold  by  any  conservator 
by  virtue  of  any  order  or  decree  of  the  County  Court  unless  such 
sale  is  at  public  vendue  and  between  the  hours  of  ten  o'clock  in  the 
forenoon  and  five  o'clock  in  the  afternoon  of  the  same  day.  nor 
unless    the    time,    place    and    terms    of    holding    such    sale    were    pre- 


596  INCOMPETENTS. 


viously  published  for  the  space  of  four  weeks  by  posting  up  notices 
thereof  in  at  least  four  of  the  most  public  places  in  the  county  where 
such  real  estate  shall  be  sold,  and  also  by  causing  a  similar  notice 
thereof  to  be  published  once  each  week  for  four  successive  weeks  prior 
to  the  sale,  in  some  newspaper  published  in  such  county,  or  if  there 
be  no  newspaper  published  in  such  county,  then  in  such  other  newspaper 
published  in  this  State  as  the  court  shall  direct,  nor  unless  such  real 
estate  shall  be  described  with  common  certainty  in  such  notices.  And 
the  court  may  direct  the  sale  to  be  made  on  reasonable  credit  and 
require  such  security  of  the  purchaser  as  the  interests  of  the  ward, 
and  other  parties  in  interest,  may  require. 

§  28.  It  shall  be  the  duty  of  the  conservator  making  such  sale, 
on  or  before  the  first  day  of  the  next  term  of  the  court  thereafter,  to 
file  in  the  office  of  the  clerk  of  the  court  granting  the  order  for  such 
sale,  a  complete  report  of  said  sale,  giving  a  description  of  the  premises 
sold,  to  whom,  where  and  upon  what  terms  sold,  and  a  general  state- 
ment of  the  manner  in  which  the  terms  of  the  decree  were  executed. 
Any  person  interested  in  the  premises  sold  may  file  exceptions  to  such 
•report,  and  upon  the  hearing  thereof  the  court  may  approve  such  re- 
port and  confirm  the  sale,  or  disapprove  the  same  and  order  the 
premises  to  be  resold. 

§  29.  An  account  of  all  moneys  and  securities  received  by  any 
conservator  for  the  sale  of  real  estate  of  his  ward,  or  in  which  his  ward 
had  any  interest,  together  with  moneys  and  securities  received  by  any 
conservator  for  the  sale  of  real  estate  in  which  any  party  to  the  pro- 
ceedings had  any  interest,  shall  be  returned,  on  oath  of  such  conserva- 
tor, to  the  County  Court  of  the  county  where  letters  of  conservatorship 
were  obtained,  and  such  money  and  securities  shall  be  accounted  for 
and  distribution  made  under  order  of  the  court,  as  to  all  interests  in 
or  liens  upon  said  real  estate  sold,  as  shall  to  equity  appertain,  and  the 
ward's  portion  of  such  proceeds  shall  be  subject  'to  the  order  of  the 
court,  in  like  manner  as  other  moneys  and  securities  belonging  to  such 
ward.  In  case  of  sale  for  re-investment  in  this  State,  the  ward's 
money  received  on  account  of  said  sale  shall  be  re-invested  under  the 
direction  of  the  court. 

§  42.  It  shall  be  lawful  for  any  foreign  conservator,  guardian, 
curator  or  committee  of  any  non-resident  insane  person,  spendthrift, 
drunkard,  or  incompetent,  who  shall  obtain  an  order  from  the  proper 
court  in  the  state,  territory  or  country  in  which  such  conservator,  guar- 
dian, curator  or  committee  was  appointed,  authorizing  him  to  make 
application  for  the  sale  of  his  ward's  real  estate  or  personal  property 
in  this  State,  upon  filing  a  certified  copy  of  such  order  for  record  in 
the  office  of  the  clerk  of  the  Circuit  or  County  Court  of  the  county  in 
this  State  in  which  the  property  or  the  major  part  thereof  is  situated, 
to  petition  such  court  to  obtain  an  order  authorizing  such  conservator, 
guardian,  curator  or  committee  to  sell  and  transfer  any  such  prop- 
erty or  interest  therein,  belonging  to  any  insane  person,  spendthrift, 
drunkard,  or  incompetent,  and  to  make  deeds  and  conveyances  there- 
of; which  deeds  and  conveyances  executed  and  acknowledged  in  pur- 
suance of  the  laws  of  this  State,  or  of  the  state,  territory  or  country 


INCOMPETENTS.  597 


in  which  such  conservator,  guardian,  curator  or  committee  was  ap- 
pointed, shall  be  effectual  in  law  and  equity  to  pass  to  the  grantee  or 
grantees  therein  all  the  right,  title  and  interest  of  such  insane  person, 
spendthrift,  drunkard,  or  incompetent  therein.  The  court  ordering  the 
sale  may  authorize  any  person  to  act  as  auctioneer  of  the  property, 
but  the  deed  shall  be  executed  by  the  conservator,  guardian,  curator 
or  committee.  The  proceeding  and  practice  and  the  powers  of  the 
court  in  such  case  shall  be  the  same  as  near  as  may  be,  as  is  provided 
by  law  in  cases  of  the  application  and  proceedings  by  resident  con- 
servators to  sell  lands  of  their  wards. 

§  44.  The  said  Circuit  or  County  Court  may,  in  its  discretion, 
require  such  conservator,  curator,  guardian,  or  committee  to  file  a  bond, 
with  sufficient  securities,  conditioned  for  the  faithful  application  of  the 
money  which  may  be  received  for  any  such  property,  for  the  benefit, 
and  to  the  use  of  such  insane  person,  spendthrift,  drunkard  or  incom- 
petent. 

§  46.  Whenever  real  estate  is  about  to  be  sold  by  virtue  of  the 
decree1  of  any  court  in  this  State,  in  which  any  insane  person,  spend- 
thrift, drunkard  or  incompetent,  has  an  estate  of  homestead  or  dower, 
or  any  other  interest  or  estate  whatever,  the  conservator  of  such  insane 
person,  spendthrift,  drunkard  or  incompetent,  may  petition  the  court 
wherein  such  proceedings  are  or  may  be  pending,  or  the  court  appoint- 
ing such  conservator,  for  authority  to  assent  in  behalf  of  his  ward 
to  the  sale  of  the  homestead,  dower,  or  any  and  all  estate  or  interest 
of  his  ward  in  the  real  estate  so  sought  to  be  sold;  and  if  the  court 
shall  find  that  the  interests  of  such  ward  will  be  conserved  thereby, 
it  shall  be  lawful  for  the  court  to  enter  an  order  so  authorizing  such 
conservator  to  assent  to  the  sale,  of  the  homestead,  dower  and  any 
and  all  other  estate  or  interest  of  his  ward,  in  such  real  estate,  or  any 
part  thereof,  and  said  conservator  shall  then  so  assent  in  writing  in 
the  proceeding  for  such  sale;  whereupon  it  shall  be  lawful  for  the 
court  wherein  such  proceeding  to  sell  such  real  estate  is,  or  may  be 
pending  to  enter  an  order  or  embody  in  its  decree  a  provision,  direct- 
ing such  real  estate  to  be  sold  free  and  clear  of  the  homestead,  dower, 
and  any  and  all  other  estate  and  interest  of  such  ward,  in  such  real 
estate,  or  any  part  thereof;  and  the  conveyance  pursuant  to  such  de- 
cree, shall  be  valid  and  effectual  to  convey  to  the  purchaser  the  home- 
stead, dower,  and  any  and  all  other  estate  or  interest  of  said  ward, 
in  and  to  such  real  estate  so  conveyed  or  any  part  thereof;  provided, 
that  before  any  disposition  or  distribution  of  the  proceeds  of  such  sale, 
the  court  shall  ascertain  the  fair  cash  value  'of  said  homestead,  dower, 
and  any  and  all  other  estate  or  interest  of  such  ward,  in  such  real 
estate,  which  shall  be  paid  over  to  his  conservator,  less  any  portion  of 
the  costs  of  proceeding  equitably  chargeable  to  his  ward's  interest  in 
such  proceeds  of  such  sale. 

§  47.  Whenever  the  ward  is  the  owner  of  an  estate  in  dower, 
in  any  real  estate,  the  conservator  of  such  ward  may  petition  the 
court  in  which  the  estate  of  his  ward  is  being  administered  for  author- 
ity to  sell  the  ward's  said  estate  in  dower  in  such  real  estate;  and  if 
the  court  shall  find  that  the  interests  of  such  ward  will  be  conserved 


600  INSURANCE. 


of  the  conservator  or  said  ward :  Provided,  nothing  in  this  section  shall 
exclude  the  jurisdiction  of  other  courts. 

§  56.  Depositions  of  witnesses  in  all  proceedings  under  this  Act 
shall  be  taken  in  the  same  manner  as  near  as  may  be,  as  is  now  or  may 
hereafter  be  provided  by  law  for  the  taking  of  the  depositions  of  such 
witnesses  in  suits  at  law  or  in  chancery. 

Approved  June  28,  1919. 


INSURANCE. 


CASUALTY   COMPANIES. 


§   1.     Amends    sections    3    and    5,    Act   of  §   5.     Investment     of     surplus 

1899.  money. 

§  3.  Capital — how  invested 
and  deposits  required 
before  doing  business. 

(Senate  Bill  No.  372.     Approved  June  28,   1919.) 

An  Act  to  amend  sections  S  and  5  of  an  Act  entitled,  "An  Act  to  in- 
corporate and  to  govern  casualty  insurance  companies  and  to  control 
such  companies  of  this  State  and  of  other  states  doing  business  in  the 
State  of  Illinois,  and  providing  and  fixing  the  punishment  for  viola- 
tion of  the  provisions  thereof,  and  to  repeal  all  laws  now  existing 
which  conflict  therewith."  (Approved  April  21,  1899;  in  force  July 
1,  1899,  as  subsequently  amended.) 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  3  and  5  of  an  Act 
entitled,  "An  Act  to  incorporate  and  to  govern  casualty  insurance  com- 
panies and  to  control  such  companies  of  this  State  and  of  other  states 
doing  business  in  the  State  of  Illinois,  and  providing  and  fixing  the 
punishment  for  violation  of  the  provisions  thereof,  and  to  repeal  all  laws 
now  existing  which  conflict  therewith."  (Approved  April  21,  1899;  in 
force  July  1,  1899,  as  subsequently  amended),  be  amended  to  read  as 
follows : 

§  3.  No  such  corporation,  for  any  of  the  purposes  specified  in  this 
Act  shall  do  business  with  a  capital  stock  of  less  than  $100,000  fully 
paid  in,  in  cash,  with  an  additional  $50,000,  fully  paid  in,  in  cash,  for 
every  kind  of  insurance,  more  than  one,  which  it  is  authorized  to  do : 
Provided,  that  it  may  not  do  the  business  named  in  subdivision  two  (2) 
of  section  1  hereof,  on  a  capital  of  less  than  $200,000,  fully  paid  in,  in 
cash.  Before  any  corporation  commences  business,  its  whole  capital 
must  be  invested  in  such  class  of  securities  as  are  permitted  by  the  laws 
of  this  State  applying  to  life  insurance  companies;  at  least  $100,000 
worth  of  such  securities  aforesaid,  approved  by  the  Director  of  Trade 
and  Commerce,  shall  be  duly  made  or  assigned  to  him,  in  trust  for  the 
purposes  hereinafter  mentioned. 

Said  Director  of  Trade  and  Commerce  shall  hold  such  securities  for 
the  benefit  and  protection  of  the  policy  holders  of  the  corporations,  and 
so  long  as  any  such  corporation  continues   solvent  shall  permit  it  to 


INSURANCE.  601 


collect  the  interest  of  dividends  thereon,  and  from  time  to  time  with- 
draw such  securities,  or  any  part  thereof,  on  depositing  with  said 
Director  of  Trade  and  Commerce  other  securities  of  the  kind  heretofore 
named,  and  of  equal  value  with  those  withdrawn.  If  such  company 
shall  at  any  time  cause  all  of  its  unexpired  policies  to  be  paid  or  can- 
celled, and  all  its  liabilities  under  such  policies  thereby  be  extinguished, 
then  the  Director  of  Trade  and  Commerce,  on  application  of  such  com- 
pany, under  oath  of  its  president  or  secretary,  on  satisfying  him,  by 
examination  of  its  books  and  its  officers,  under  oath,  that  all  of  its 
policies  are  so  paid,  cancelled  or  extinguished,  shall  deliver  up  to  it  such 
securities :  Provided,  that  companies  formed  for  the  purpose  of  in- 
suring live  stock  against  death  from  any  cause,  injury  or  theft,  shall 
only  be  required  to  have  a  subscribed  capital  of  one  hundred  thousand 
dollars  ($100,000),  of  which  fifty  thousand  dollars  ($50,000)  shall  be 
paid  in,  in  cash,  and  shall  only  be  required  to  make  a  deposit  of  twenty- 
five  thousand  dollars  ($25,000)  with  the  Director  of  Trade  and  Com- 
merce before  it  shall  commence  business.  But  no  such  company  shall 
expose  itself  to  loss  on  any  risk  or  hazard  to  an  amount  exceeding  five 
per  cent  of  its  paid  up  capital,  unless  the  excess  shall  be  reinsured  in 
some  other  responsible  and  reliable  company  authorized  to  transact  busi- 
ness in  this  State. 

§  5.  Any  corporation  organized  under  these  provisions  may  invest 
any  surplus  money  in  excess  of  its  capital  stock  in  such  class  of  securities 
as  are  permitted  by  the  laws  of  this  State  applying  to  life  insurance 
companies. 

Approved  June  28,  1919. 


CASUALTY   COMPANIES. 

§   1.     Amends   section    12a,   Act   of    1899.       §   2.     Amends  title  of  Act. 

§  12a.  Procedure  in  determin- 
ing condition  —  ex- 
empts life  or  acci- 
dent companies 
under  Act  of  1893 — 
terms    defined,    etc. 

(House  Bill  No.  597.     Approved  June  30,  1919.) 

An  Act  to  amend  section  12a  of  an  Act  entitled,  "An  Act  to  incorporate 
and  to  govern  casualty  insurance  companies  and  to  control  such  com- 
panies of  this  State  and  of  other  states  doing  business  in  the  State  of 
Illinois,  and  providing  and  fixing  the  punishment  for  violation  of  the 
provisions  thereof,  and  to  repeal  all  laws  now  existing  which  conflict 
therewith,"  approved  April  21,  1S99,  in  force  July  1,  1899,  and  to 
amend  the  title  of  said  Act." 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  12A  of  an  Act  en- 
titled, "An  Act  to  incorporate  and  to  govern  casualty  insurance  com- 
panies and  to  control  such  companies  of  this  State  and  of  other  states 
doing  business  in  the  State  of  Illinois  and  providing  and  fixing  the 
punishment  for  violation  of  the  provisions  thereof,  and  to  repeal  all 
laws  now  existing  which  conflict  therewith/'  approved  April  21,  1899, 


602  INSURANCE. 


in  force  July  1,  1899,  be  and  the  same  is  hereby  amended  so  as  to  read 
as  follows: 

§  12a.  That  in  determining  the  condition  of  any  corporation, 
company,  association  or  aggregation  of  individuals  transacting  any 
business  of  casualty  insurance  in  this  State,  whether  organized  within 
or  without  this  State,  the  Department  of  Trade  and  Commerce,  herein 
called  "Department"  shall  charge  as  liabilities  all  outstanding  indebted- 
ness and  the  premium  reserve  on  policies  in  force  equal  to  the  unearned 
portions  of  the  gross  premiums  charged  for  covering  the  risks  computed 
on  each  respective  risk  from  the  date  of  issuance  of  the  policy;  pro- 
vided, however,  that  this  bill  shall  not  apply  to  any  such  corporation, 
company  or  association  operating  in  this  State  under  the  provisions  of 
an  Act  entitled,  'vAn  Act  to  incorporate  companies  to  do  the  business 
of  life  or  accident  insurance  of  this  State  and  of  other  states  doing 
business  in  this  State,  and  to  repeal  a  certain  Act  therein  named,  and 
providing  and  fixing  the  punishment  for  violation  of- the  provisions 
thereof,"  approved  June  22,  1893,  in  force  July  1,  1893.  There  shall 
also  be  charged  as  a  liability  to  each  such  corporation,  company,  asso- 
ciation or  aggregation  of  individuals  which  has  issued  any  policy  of 
liability,  workmen's  compensation  or  other  casualty  insurance,  additional 
reserves  which  shall  be  fully  adequate  to  meet  all  liabilities  not  other- 
wise provided  for  and  shall  be  computed  in  a  manner  and  on  a  basis 
conforming  as  nearly  as  may  be  practicable  to  the  general  practice 
throughout  the  United  States,  as  far  as  the  same  shall  be  prescribed  or 
approved  by  the  Department. 

Except  as  otherwise  ordered,  the  liability  for  such  additional  re- 
serves shall  be  determined  and  charged  as  follows : 

1.  For  all  liability  suits  being  defended  under  policies  written 
more  than : 

(a)  Ten  years  prior  to  the  date  as  of  which  the  statement  is  made, 
one  thousand  five  hundred  dollars  for  each  suit. 

(b)  Five  and  less  than  ten  years  prior  to  the  date  as  of  which  the 
statement  is  made,  one  thousand  dollars  for  each  suit. 

(c)  Three  and  less  than  five  years  prior  to  the  date  as  of  which 
the  statement  is  made,  eight  hundred  and  fifty  dollars  for  each  suit. 

2.  For  all  liability  policies  written  during  the  three  years  im- 
mediately preceding  the  date  as  of  which  the  statement  is  made,  such 
reserve  shall  be  sixty  per  centum  of  the  earned  liability  premiums  of 
each  of  such  three  years  less  all  loss  and  loss  expense  payments  made 
under  liability  policies  written  in  the  corresponding  years;  but  in  any 
event,  such  reserve  shall,  for  the  first  of  such  three  years,  be  not  less 
than  seven  hundred  and  fifty  dollars  for  each  outstanding  liability  suit 
on  said  year's  policies. 

3.  For  all  compensation  claims  under  policies  written  more  than 
three  years  prior  to  the  date  as  of  which  the  statement  is  made,  the 
present  values  at  four  per  centum  interest  of  the  determined  and  the 
estimated  future  payments. 

4.  For  all  compensation  claims  under  policies  written  in  the  three 
years  immediately  preceding  the  date  as  of  which  the  statement  is  made, 
such  reserve  shall  be  sixty-five  per  centum  of  the  earned  compensation 


INSURANCE.  603 


premiums  of  each  of  such  three  years,  less  all  loss  and  loss  expense 
payments  made  in  connection  with  such  claims  under  policies  written  in 
the  corresponding  years ;  but  in  any  event  in  the  case  of  the  first  year  of 
any  such  three-year  period  such  reserve  shall  not  be  less  than  the  present 
value  at  four  per  centum  interest  of  the  determined  and  the  estimated 
unpaid  compensation  claims  under  policies  written  during  such  year. 

5.  The  term  "earned  premiums"  as  used  herein  shall  include  gross 
premiums  charged  on  all  policies  written,  including  all  determined  ex- 
cess and  additional  premiums  on  policies  cancelled,  and  less  unearned 
premiums  on  policies  in  force,  and  in  case  of  companies  or  associations 
or  aggregations  of  individuals  transacting  business  upon  the  partici- 
pating plan,,  less  any  portion  of  the  premium  so  charged  which  is  re- 
turned or  credited  to  policy-holders,  a  schedule  of  which  return  or 
credit  has  been  filed  with  and  has  not  been  disapproved  by  the  Depart- 
ment. 

6.  The  term  "compensation"  as  used  in  this  Act  shall  relate  to  all 
insurances  effected  by  virtue  of  statutes  providing  compensation  to 
employees  for  personal  injuries  irrespective  of  fault  of  the  employer. 
The  term  "liability"  shall  relate  to  all  insurance,  except  compensation 
in  urance,  against  loss  or  damage  from  accident  to  or  injuries  suffered 
by  an  employee  or  other  person  and  for  which  the  insurer  is  liable. 

7.  The  terms  "loss  payments"  and  "loss  expense  payments"  as 
used  herein  shall  include  all  payments  to  claimants,  including  payments 
for  medical  and  surgical  attendance,  legal  expenses,  salaries  and  ex- 
penses of  investigators,  adjusters  and  field  men,  rents,  stationery,  tele- 
graph and  telephone  charges,  postage,  salaries  and  expenses  of  office 
employees,  home  office  expenses,  and  all  other  payments  made  on  account 
of  claims,  whether  such  payments  shall  be  allocated  to  specific  claims  or 
unallocated. 

8.  All  unallocated  liability  loss  expense  payments  made  in  a  given 
calendar  year  subsequent  to  the  first  four  years  in  which  an  insurer  has 
been  issuing  liability  policies  shall  be  distributed  as  follows :  Thirty- 
five  per  centum  shall  be  charged  to  the  policies  written  in  that  year, 
forty  per  centum  to  the  policies  written  in  the  preceding  year,  ten  per 
centum  to  the  policies  written  in  the  second  year  preceding,  ten  per 
centum  to  the  policies  written  in  the  third  year  preceding  and  five 
per  centum  to  the  policies  written  in  the  fourth  year  preceding,  and 
such  payments  made  in  each  of  the  first  four  calendar  years  in  which  an 
insurer  issues  liability  policies  shall  be  distributed  as  follows :  In  the 
first  calendar  year  one  hundred  per  centum  shall  be  charged  to  the 
policies  written  in  that  year,  in  the  second  calendar  year  fifty  per  centum 
shall  be  charged  to  the  policies  written  in  that  year  and  fifty  per  centum 
to  the  policies  Avritten  in  the  preceding  year,  in  the  third  calendar  year 
forty  per  centum  shall  be  charged  to  the  policies  written  in  that  year, 
forty  per  centum  to  the  policies  written  in  the  preceding  year,  and 
twenty  per  centum  to  the  policies  written  in  the  second  year  preceding, 
and  in  the  fourth  calendar  year  thirty-five  per  centum  shall  be  charged 
to  the  policies  written  in  that  year,  forty  per  centum  of  the  policies 
written  in  the  preceding  year,  fifteen  per  centum  to  the  policies  written 
in  the  second  year  preceding,  and  ten  percentum  to  the  policies  written 


604  '  INSURANCE. 


in  the  third  year  preceding,  and  a  schedule  showing  such  distribution 
shall  be  included  in  the  annual  statement. 

9.  All  unallocated  compensation  loss  expense  payments  made  in 
a  given  calendar  year  subsequent  to  the  first  three  years  in  which  an 
insurer  has  been  issuing  compensation  policies  shall  be  distributed  as 
follows :  Forty  per  centum  shall  be  charged  to  the  policies  written  in 
that  year,  forty-five  per  centum  to  the  policies  written  in  the  preceding 
year,  ten  per  centum  to  the  policies  written  in  the  second  year  preceding 
and  five  per  centum  to  the  policies  written  in  the  third  year  preceding, 
and  such  payments  made  in  each  of  the  first  three  calendar  years  in 
which  an  insurer  issues  compensation  policies  shall  be  distributed  as 
follows :.  In  the  first  calendar  year  one  hundred  per  centum  shall  be 
charged  to  the  policies  written  in  that  year,  in  the  second  calendar  year 
fifty  per  centum  shall  be  charged  to  the  policies  written  in  that  year 
and  fifty  per  centum  to  the  policies  written  in  the  preceding  year,  in 
the  third  calendar  year  forty-five  per  centum  shall  be  charged  to  the 
policies  written  in  that  year,  forty-five  per  centum  to  the  policies  written 
in  the  preceding  year  and  ten  per  centum  to  the  policies  written  in  the 
second  year  preceding,  and  a  schedule  showing  such  distribution  shall  he 
included  in  the  annual  statement. 

10.  Whenever,  in  the  judgment  of  the  Department,  the  liability 
or  compensation  loss  reserves  of  any  insurer  under  its  supervision,  cal- 
culated in  accordance  with  the  foregoing  provisions,  are  inadequate,  the 
Department  may,  in  its  discretion,  require  such  insurer  to  maintain 
reserves  based  upon  estimated  individual  claims. 

11.  Each  insurer  that  writes  liability  or  compensation  policies 
shall  include  in  the  annual  statement  required  by  law  a  schedule  of  its 
experience  thereunder  in  such  form  as  the  Department  may  prescribe. 

§  2.     The  title  of  said  Act  shall  be  amended  to  read  as  follows: 
"An  Act  concerning  the  business  of  casualty  insurance." 
Approved  June  30,  1919. 


CONSOLIDATION  AND  REINSURANCE. 

Words    and    phrases    defined.  §      9.     Between      resident    and    non- 

resident companies. 


Authority   outlined. 
Limitations. 


§10.     Adjustment    of    State    deposits. 


§11.     Certificate     of     costs     filed     with 
Submission    of    proposition.  Director    of    Trade    and    Corn- 


Voting — requisites. 


merce. 

§    12.     Compensations. 


Certified     copy,     etc.      filed     with 

Director    of    Trade    and    Com-       §   13.     Penalties, 
merce — approval     required. 

§   14.     Pending  actions. 
§      7.     Resident    fire    and    casualty    com- 
panies. §   15.     Repeal. 

§     8.     Resident    fraternal    benefit    com- 
panies. 

(House  Bill  No.  527.     Approved  June  28,  1919.) 

An  Act  relating  to  the  consolidation  and  reinsurance  of  insurance  com- 
panies, associations  and  societies. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  the  word  "company"  when 


INSURANCE.  605 


used  in  this  Act  shall  include  any  corporation,  association  or  society 
authorized  to  transact  the  business  of  insurance  on  the  stock,  mutual, 
stock  and  mutual,  assessment  or  fraternal  plan;  the  word  "member" 
shall  mean  the  insured  under  a  policy  or  certificate  issued  by  any  com- 
pany other  than  a  purely  stock  company ;  the  words  "stock  company" 
shall  mean  a  company  whose  directors  are  elected  by  the  stockholders 
alone;  the  words  "stock  and  mutual  company"  shall  mean  a  company 
whose  directors  are  elected  by  its  stockholders  and  policy-holders;' the 
words  "mutual  company"  shall  mean  a  company  all  of  whose  directors 
are  elected  by  its  policy-holders;  a  "resident  companv"  shall  mean  a 
company  incorporated  in  this  State;  a  "non-resident  company"  shall 
mean  a  company  incorporated  in  some  other  state  or  territory  of  the 
United  States ;  a  "consolidated  company"  shall  mean  a  company  formed 
by  the  consolidation  of  two  or  more  other  companies ;  a  "reinsured 
company"  shall  mean  a  company  which  reinsures  its  risks,  in  whole 
or  in  part,  in  another  company;  a  "reinsuring  company"  shall  mean 
a  company  which  accepts,  by  transfer  to  itself,  the  risks,  in  whole  or 
in   part,  of  another  company. 

§  2.  Upon  complying  with  the  provisions  of  this  Act,  any  resi- 
dent company  is  hereby  authorized  and  empowered  to : 

(1)  Consolidate  with  any  other  resident  company; 

(2)  Eeinsure  its  risks,  in  whole  or  in  part,  with  any  other  resi- 
dent company; 

(3)  Eeinsure  the  risks,  in  whole  or  in  part,  of  any  other  resi- 
dent company; 

(4)  Consolidate  with  any  non-resident  company  which  is  author- 
ized to  engage  in  the  insurance  business  in  this  State  if  such  consoli- 
dation is  authorized  by  the  laws  of  the  state  or  territory  in  which  such 
non-resident  company  is  organized; 

(5)  Eeinsure  its  risks  in  whole  or  in  part  with  any  non-resident 
company  which  is  authorized  to  engage  in  the  insurance  business  in 
this  State; 

(6)  Eeinsure  the  risks  in  whole  or  in  part  of  any  non-resident 
company. 

§  3.  Nothing  in  this  Act  contained  shall  be  construed  to  enlarge 
the  charter  power  of  any  insurance  company,  nor  to  authorize  any 
insurance  company  to  engage  in  any  kind  of  insurance  business  not 
authorized  by  its  charter,  nor  to  authorize  any  non-resident  insurance 
company  to  engage  in  any  kind  of  insurance  business  in  this  State  not 
covered  by  its  certificate  of  authoritv  to  do  business  in  this  State ;  but 
nothing  in  this  Act  contained  shall  prevent  any  life  company  from 
reinsuring  all  or  any  portion  of  an  individual  risk  in  any  insurance 
company  authorized  to  transact  business  in  this  State  and  receiving 
credit  for  the  reserve  on  any  such  reinsured  portion,  nor  prevent  any 
other  company  from  reinsuring  all  or  any  portion  of  an  individual 
risk  in  any  insurance  company,  in  the  manner  as  is  now  or  may  here- 
after be  authorized  by  law.  and  receiving  credit  for  the  reserve  on  any 
such  reinsured  portion. 

§  4.  When  any  resident  company  shall  propose  to  enter  into 
articles  of  consolidation  or  a  contract  of  reinsurance  with   anv  other 


606  INSUEANCE. 


company,  the  board  of  directors,  trustees,  or  other  governing  body, 
shall  submit  the  question  of  such  consolidation  or  reinsurance  to  the 
stockholders  or  members,  or  both,  as  the  case  may  be,  of  such  com- 
pany, at  any  regular,  annual  or  periodic  meeting  thereof,  provided  a 
full,  true  and  correct  copy  of  such  proposed  contract  shall,  together 
with  notice,  stating  the  time,  place  and  purposes  for  such  meeting, 
shall  be  delivered  personally,  or  deposited  in  the  post  office  at  least 
thirty  clays  prior  to  the  time  fixed  for  such  meeting,  addressed  to  each 
stockholder,  or  member,  or  both,  as  the  case  may  be,  at  his  last  post- 
office  address  appearing  on  the  records  of  the  company.  Or  a  special 
meeting  may  be  called  by  the  board  of  directors,  trustees  or  other 
governing  body,  or  a  majority  thereof,  by  delivering  to  each  stock- 
holder, or  member,  or  both  a  copy  of  such  proposed  contract,  together 
with  a  thirty  days'  notice,  as  provided  for  in  the  submission  of  such 
question  of  consolidation,  merger  or  reinsurance  at  any  regular  an- 
nual or  periodic  meeting. 

§  5.  At  any  such  meeting  of  the  stockholders  or  members,  or 
both,  as  the  case  may  be,  held  pursuant  to  notice,  or  specially  called, 
for  the  purpose  of  entering  into  any  such  articles  of  consolidation  or 
contract  of  reinsurance,  the  stockholders  or  members  may  vote  in  per- 
son or  by  proxy,  each  stockholder  to  be  entitled  to  one  vote  for  each 
share  of  stock  held  by  him  and  each  member  to  one  vote  for  each  one 
thousand  dollars  of  insurance  held  by  him :  Provided,  however,  that 
each  member  holding  less  than  one  thousand  dollars  of  insurance  shall 
be  entitled  to  one  vote;  and  votes  representing  two-thirds  of  all  the 
stock  in  the  case  of  purely  stock  companies,  or  two-thirds  of  all  the 
stock,  if  any,  and  of  two-thirds  of  all  the  votes  cast  by  members  rep- 
resented at  the  meeting  in  person  or  by  proxy  in  the  case  of  other 
companies,  shall  be  necessary  for  the  adoption  of  such  proposed  articles 
of  consolidation  or  contract  of  reinsurance.  In  the  case  of  a  con- 
solidation the  articles  thereof  shall  contain  the  proposed  charter  or 
articles  of  association  of  the  consolidated  company,  and  such  other  par- 
ticulars as  may  be  necessary  to  explain  and  make  manifest  the  objects 
and  purposes  of  the  consolidated  company  and  the  manner  in  which  it 
is  to  be  conducted;  and  the  approval  of  such  articles  of  consolidation 
shall  constitute  an  approval  of  such  proposed  charter  of  articles  of 
association. 

§  6.  Upon  the  adoption  of  the  articles  of  consolidation  or  con- 
tract of  reinsurance,  as  provided  for  herein,  said  proposed  articles  of 
consolidation  or  contract  of  reinsurance  shall  be  duly  executed  by  the 
president  and  attested  by  the  secretary,  or  the  executive  officers  cor- 
responding thereto,  under  the  corporate  seal  of  each  of  the  consolidat- 
ing or  contracting  companies,  and  thereupon  a  certified  copy  of  such 
articles  of  consolidation  or  contract  of  reinsurance,  together  with  a 
certificate  of  its  adoption,  as  provided  for  herein,  verified  by  the  af- 
fidavits of  such  officers  and  under  the  seal  of  each  of  said  companies, 
shall  be  submitted  to  the  Director  of  Trade  and  Commerce  for  his 
approval.  The  Director  of  Trade  and  Commerce  shall  thereupon  con- 
sider such  articles  of  consolidation  or  contract  of  reinsurance,  and  if 
satisfied  that  the  same  is  in  accordance  with  the  provisions  of  this  Act, 


INSURANCE.  007 


not  inconsistent  with  the  laws  and  the  Constitution  of  this  State  and 
of  the  United  States,  and  that  no  reasonable  objection  exists  thereto, 
he  shall  approve  said  articles  or  contract  as  submitted,  and  shall  cause 
the  same  to  be  recorded  in  a  book  kept  for  that  purpose.  If  the  Di- 
rector of  Trade  and  Commerce  shall  refuse  to  approve  such  articles  of 
consolidation  or  contract  of  reinsurance,  notification  of  such  refusal, 
assigning  the  reasons  therefor,  shall,  within  fifteen  days  from  the  date 
of  submission  to  him  of  such  articles  or  contract,  be  given  in  writing 
by  such  director  to  each  of  said  companies  parties  thereto.  No  articles 
of  consolidation  or  contract  of  reinsurance  shall  take  effect  unless  and 
until  the  provisions  of  this  Act  have  been  complied  with  and  the  ap- 
proval of  the  Director  of  Trade  and  Commerce  has  been  obtained  as 
herein  provided. 

§  7.  Any  resident  company,  desiring  to  reinsure  its  fire  or 
casualty  business,  in  lieu  of  complying  with  sections  4,  5  and  0  of 
this  Act,  may,  for  good  cause  shown  to  the  Director  of  Trade  and  Com- 
merce and  subject  to  the  conditions  hereinafter  set  forth,  enter  into  a 
reinsurance  contract  with  another  company  when  a  resolution  authoriz- 
ing the  same  has  been  duly  adopted  by  its  board  of  directors  or  other 
managing  body.  Said  company  shall  thereupon  file  with  the  said  Di- 
rector of  Trade  and  Commerce  a  copy  of  said  contract  and  copies  of 
all  papers  relating  thereto,  certified  under  the  seal  of  said  corporation 
to  be  true  and  correct  copies  of  the  originals,  which  said  certificate 
shall  be  signed  and  verified  by  the  affidavits  of  the  president  and  secre- 
tary of  said  company,  or  executive  officers  corresponding  thereto.  If 
the  said  Director  shall  find  no  reasonable  objection  to  such  contract, 
he  shall  approve  the  fame ;  provided,  that  in  case  either  of  the  parties 
to  said  contract  is  a  mutual  company,  then  the  reinsuring  company 
shall  forthwith  mail  to  each  person  holding  a  policy  so  reinsured  a 
notice  of  the  fact  of  such  reinsurance,  and  the  said  reinsurance  shall 
take  effect  when  and  not  until  the  said  contract  has  been  approved 
as  aforesaid,  and  there  shall  have  been  filed  with  the  said  Director  an 
affidavit,  signed  by  the  president  or  secretary  of  such  reinsuring  com- 
pany, having  knowledge  of  the  fact  that  a  notice  has  been  mailed  to 
each  policy  holder  as  aforesaid :  Provided,  further,  that  if  not  less 
than  five  per  cent  of  such  policy-holders  so  reinsured  shall,  within  thirty 
days  after  the  filing  of  such  affidavit,  file  a  petition  with  the  said  Direc- 
tor of  Trade  and  Commerce  for  a  hearing  on  the  question  of  such  re- 
insurance, the  Director  of  Trade  and  Commerce  shall  order  a  hearing 
on  the  said  petition,  notice  of  which  shall  be  given  by  the  reinsuring 
company,  by  mail,  to  each  holder  of  a  policy  so  reinsured,  at  least  ten 
days  before  such  hearing.  At  the  time  and  place  fixed  in  such  notice, 
or  at  the  time  or  times  and  place  or  places  to  which  such  hearing  shall 
be  adjourned,  the  Director  of  Trade  and  Commerce  shall  proceed  with 
the  hearing  and  may  make  or  order  such  examination  into  the  affairs 
and  condition  of  either  or  both  of  such  companies  as  he  may  deem 
proper.  Said  Director  shall  have  the  power  to  summon  and  compel  the 
attendance  and  testimony  of  witnesses  and  the  production  of  books  and 
papers  before  him  at  such  hearing.  Any  policy-holder  or  stockholder, 
as  the  case  may  be,  of  the  company  so  petitioning  may  appear  before  said 


60S  INSURANCE. 


Director  and  be  heard  with  reference  to  said  reinsurance.  If  upon  such 
hearing  being  had,  said  Director  is  not  satisfied  that  the  interests 
of  the  policy-holders  or  stockholders,  as  the  case  may  be,  of  such  com- 
pany are  properly  protected,  or  if  he  finds  that  any  reasonable  objection 
exists  to  such  reinsurance,  he  shall  revoke  the  approval  already  given, 
and  the  said  contract  of  reinsurance  shall  thereupon  become  null  and 
void.  And  said  Director  shall  have  like  power  to  revoke  any  approval 
of  any  such  contract  of  reinsurance  if  any  officer,  director  or  employee 
of  either  company  party  to  such  reinsurance  shall,  after  reasonable 
notice,  fail  or  refuse  to  attend  and  testify  at  such  hearing,  or  to  produce 
any  books  or  papers  called  for  by  said  Director. 

§  8.  Any  resident  fraternal  benefit  association  or  society  desir- 
ing to  enter  into  a  contract  of  consolidation  or  reinsurance  may  follow 
the  procedure  set  forth  in  this  section  in  lieu  of  complying  with  the 
provisions  contained  in  sections  4  and  5  hereof.  Such  consolidation 
or  reinsurance  shall  be  evidenced  by  a  contract  in  writing,  setting  forth 
in  full  the  terms  and  conditions  thereof.  The  board  of  managers,  di- 
rectors or  trustees  of  such  association  or  society  shall  submit  such  con- 
tract to  the  supreme  legislative  and  governing  body  of  such  association 
or  society  at  any  regular  or  special  meeting  thereof,  provided,  a  full, 
true  and  correct  copy  of  such  proposed  consolidation  or  reinsurance 
shall  he  given  with  the  notice  of  such  meeting.  Such  notice  shall  be 
given  as  provided  in  the  laws  of  the  respective  association  or  society 
for  the  convening  of  such  supreme  legislative  and  governing  body  in 
regular  or  special  session,  as  the  case  may  be.  The  affirmative  votes  of 
two-thirds  of  all  members  of  such  supreme  legislative  and  governing  body 
shall  be  necessary  for  the  approval  of  such  contract;  provided,  that  the 
provisions  of  the  law  or  the  certificate  of  association  of  any  such  society 
or  association  with  reference  to  age  limit  and  as  to  medical  examina- 
tion shall,  for  the  purposes  hereof,  be  declared  to  be  inoperative  in  so 
far  as  contracts  contemplated  herein  are  concerned. 

§  9.  In  case  of  a  consolidation  or  contract  of  reinsurance  between 
a  resident  and  a  non-resident  company,  the  articles  of  consolidation  or 
the  contract  of  reinsurance  shall  be  executed  by  the  proper  officers  of 
said  non-resident  company  when  they  are  duly  authorized  thereto  by 
such  action  on  the  part  of  the  directors,  stockholders  or  members  of 
said  non-resident  company  as  may  be  required  by  the  laws  of  the  state 
where  the  same  is  incorporated;  and  upon  execution,  said  articles  of 
consolidation  or  contract  of  reinsurance  shall  be  submitted  to  the  com- 
missioner of  insurance  or  other  officer  at  the  head  of  the  insurance  de- 
partment in  the  state  where  such  non-resident  company  is  incorpor- 
ated; and  no  such  consolidation  or  contract  of  reinsurance  shall  take 
effect  until  it  shall  have  been  approved  by  the  Director  of  Trade  and 
Commerce  of  this  State,  and  by  such  insurance  official  of  the  state 
where  said  non-resident  company  is  incorporated,  and  a  certificate  of 
his  approval,  signed  by  such  proper  official  of  such  state,  has  been  filed 
in  the  office  of  the  Director  of  Trade  and  Commerce  of  this  State : 
Provided,  that  such  submission  to  and  approval  by  the  proper  official 
of  such  other  state  shall  not  be  required  unless  the  same  are  required 
by  the  laws  of  such  state. 


INSURANCE.  609 


No  such  consolidation  or  contract  of  reinsurance  between  a  resi- 
dent and  non-resident  company  shall  take  effect,  unless  and  until  the 
consolidated  or  reinsuring  company,  if  such  company  is  a  non-resident, 
shall  file  with  the  Director  of  Trade  and  Commerce  of  this  State  a 
power  of  attorney  appointing  said  Director  of  Trade  and  Commerce, 
and  his  successors  in  office,  or  any  official  who  shall  hereafter  be  charged 
with  the  supervision  of  the  business  of  insurance  in  this  State,  the 
attorney  for  service  of  said  non-resident  company,  upon  whom  all  law- 
ful process  against  said  company  may  be  served.  Said  power  of  at- 
torney shall  be  irrevocable  so  long  as  said  non-resident  company  has 
outstanding  in  this  State  any  contract  of  insurance,  reinsurance  or 
other  obligation  whatsoever,  and  shall  by  its  terms  so  provide.  Service 
upon  said  attorney  shall  be  deemed  sufficient  service  upon  the  company. 

§  10.  If  the  state  in  which  a  non-resident  consolidated  company, 
or  non-resident  company  reinsuring  the  risks  in  whole  or  in  part  of  a 
resident  company,  is  incorporated  shall  require  the  maintenance  with 
any  official  of  such  state  of  a  deposit  of  the  legal  reserve  on  the  poli- 
cies so  assumed,  and  such  non-resident  company  shall  maintain  such 
deposit,  then  the  Director  of  Trade  and  Commerce  of  this  State  is 
authorized  to  deliver  to  the  proper  custodian  of  such  funds  in  the 
state  in  which  the  said  non-resident  company  is  incorporated  such  de- 
posits as  he  may  hold  pertaining  to  the  policies  so  assumed  by  the  con- 
solidated or  reinsuring  company.  If  a  consolidated  or  reinsuring  resi- 
dent company  assumes  the  risks,  in  whole  or  in  part,  of  a  non-resident 
company  incorporated  in  a  state  which  requires  the  maintenance  with 
a  state  official  of  a  deposit  of  the  legal  reserve  on  the  policies  so  as- 
sumed, then  the  Director  of  Trade  and  Commerce  of  this  State  is 
authorized  to  receive  from  such  official  such  deposits  as  he  may  hold 
pertaining  to  the  policies  so  assumed.  Such  consolidated  or  reinsuring 
company  shall,  within  sixty  days  after  the  transfer  of  such  deposit, 
notify  the  holder  of  every  policy  secured  by  such  transferred  deposit 
that  the  transfer  has  been  made;  and  the  president  and  secretary  of 
such  company  shall,  within  thirty  days  thereafter,  file  with  the  Direc- 
tor of  Trade  and  Commerce  an  affidavit  of  the  fact  that  due  notifica- 
tion to  policy-holders,  as  provided  for  herein,  has  been  given.  The 
amount  of  deposit  to  be  maintained  from  time  to  time  for  each  policy 
on  _  which  liability  is  assumed  shall  be  at  least  equal  to  the  amount 
which  would  be  required  in  the  state  where  such  deposit  has  thereto- 
fore been  maintained.  Except  as  herein  otherwise  provided,  such  de- 
posit so  maintained  in  this  State  shall  consist  of  securities  authorized 
by,  and  shall  be  subject  to,  and  transactions  in  regard  thereto  shall  be 
regulated  by  the  provisions  of  an  Act  of  this  State  entitled,  "An  Act 
to  provide  for  the  deposit  of  reserve  and  the  registration  of  policies 
and  annuity  bonds  by  life  insurance  companies  of  this  State",  ap- 
proved April  18,  1899,  in  force  July  1,  1899,  and  all  Acts  amendatory 
thereof. 

§  11.  Whenever  articles  of  consolidation  or  a  contract  of  rein- 
surance shall  be  filed  with  the  Director  of  Trade  and  Commerce,  there 
shall  also  be  filed  with  him  a  certificate,  executed  by  the  president  and 

—39  L 


610  INSURANCE. 


attested  by  the  secretary,  or  the  executive  officers  corresponding  there- 
to, and  under  the  corporate  seal  of  each  of  the  consolidating  or  con- 
tracting companies,  verified  by  the  affidavits  of  all  such  officers,  set- 
ting forth  all  fees,  commissions  or  other  compensations  or  valuable 
considerations  paid  or  to  be  paid,  directly  or  indirectly,  to  any  person 
or  persons,  firm  or  firms,  corporation  or  corporations  whomsoever,  for 
in  any  manner  securing,  aiding,  promoting  or  assisting  in  any  such 
consolidation  or  reinsurance. 

§  12.  JSTo  director,  officer,  or  member  of  any  such  company  or 
companies,  except  as  fully  expressed  in  the  articles  of  consolidation  or 
contract  of  reinsurance,  shall  receive  any  fee,  commission,  other  com- 
pensation or  valuable  consideration  whatever,  directly  or  indirectly, 
for  in  any  manner  aiding,  promoting  or  assisting  in  such  consolidation 
or  reinsurance. 

§  13.  Any  person  violating  the  provisions  of  section  12  of  this 
Act  shall  be  punished  by  a  fine  of  not  less  than  one  thousand  dollars 
and  not  more  than  five  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  one  year,  or  by  both  fine  and  imprison- 
ment, as  may  be  determined  by  the  court. 

§  14.  No  action  or  proceeding,  pending  at  the  time  of  the  con- 
solidation or  reinsurance,  to  which  either  of  the  consolidating  com- 
panies or  the  contracting  companies  may  be  a  party,  shall  be  abated 
or  discontinued  by  reason  of  such  consolidation  or  reinsurance,  but  the 
same  may  be  prosecuted  to  final  judgment  in  the  same  manner  as  if 
the  consolidation  or  reinsurance  had  not  taken  place,  or  the  consoli- 
dated or  reinsuring  company,  if  the  reinsurance  agreement  so  provides, 
may  be  substituted  in  place  of  any  such  company  so  consolidated  or 
reinsured,  as  the  case  may  be,  by  order  of  the  court  in  which  the  action 
or  proceedings  may  be  pending. 

§  15.  An  Act  entitled,  "An  Act  in  relation  to  consolidation  and 
reinsurance  of  life  insurance  companies",  approved  May  29,  1909,  in 
force  July  1,  1909,  and  all  Acts  or  parts  of  Acts  inconsistent  herewith, 
are  hereby  repealed. 

Approved  June  28,  1919. 


COUNTY  FIRE. 

§   1.     Amends   section    8,   Act   of   1877.  §   8.     Property    insured — policies 

— duration  —  amount — 
obligations. 

(Senate  Bill  No.   346.     Approved  June   23,   1919.) 

An  Act  to  amend  section  8  of  an  Act  entitled:  "An  Act  to  organize 
and  regulate  county  fire  insurance  companies,"  approved  June  2, 
1877,  in  force  July  1,  1871 ,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  8  of  an  Act  entitled: 
"An  Act  to  organize  and  regulate  county  fire  insurance  companies," 
approved  June  2,  1877,  in  force  July  1,  1877,  as  amended,  is  amended 
to  read  as  follows : 

§  8.  Such  companies  may  issue  policies  only  on  detached  dwellings, 
barns  (except  livery,  boarding  and  hotel  barns)  and  other  farm  build- 


INSURANCE.  611 


ings,  school  houses  and  churches  and  such  property  as  may  be  properly 
contained  therein ;  also  other  property  on  the  premises  and  owned  by  the 
insured;  also  live  stock  (hay  and  grain  in  the  stack)  on  the  premises  of 
the  insured,  and  anywhere  in  the  territory  of  the  company  for  any  time 
not  exceeding  five  years  and  not  to  extend  beyond  the  limited  duration 
of  the  charter,  and  for  an  amount  not  to  exceed  fifteen  thousand  dollars 
($15,000)  on  any  one  risk.  Said  policies  may  cover  loss  of,  or  damage 
to,  live  stock,  harness  and  vehicles  temporarily  taken  from  the  territory 
of  the  company :  Provided,  said  live  stock,  harness  and  vehicles  be  not 
removed  to  exceed  twenty-five  miles  from  the  territory  of  the  company. 
All  persons  so  insured  shall  give  their  obligations  to  the  company,  bind- 
ing themselves,  their  heirs  and  assigns,  to  pay  their  pro  rata  share  to 
the  company  of  the  necessary  expenses  and  of  all  losses  by  fire  or 
lightning  which  may  be  sustained  by  any  member  thereof  during  the 
time  for  which  their  respective  policies  are  written  and  they  shall  also, 
at  the  time  of  effecting  the  insurance,  pay  such  percentage  in  cash  and 
such  other  charge  as  may  be  required  by  the  rules  and  by-laws  of  the 
company. 

Approved  June  23,  1919. 


COUNTY    MUTUAL   WINDSTORM    INSURANCE    COMPANIES. 

§   1.     Amends  sections  3,  14  and  16,  Act                            §  14.     Annual    statement. 
of    1889. 

§  16.      Statement    of   condition 

§     3.     Number    of    directors — ■  to    be    filed    with    Di- 

quorum — manner     of  rector   of    Trade    and 

election.  Commerce — fee. 

(House  Bill  No.  193.     Approved  June  6,   1919.) 

An  Act  to  amend  sections  3,  11+  and  16  of  an  Act  entitled,  "An  Act  to 
authorize  the  organization  and  to  regulate  county  mutual  windstorm 
insurance  companies" ,  approved  June  If,  1889,  in  force  July  1,  1889. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  3,  14  and  16  of  an 
Act  entitled,  "An  Act  to  authorize  the  organization  and  to  regulate 
county  mutual  windstorm  insurance  companies",  approved  June  4,  1889, 
in  force  July  1,  1889,  be  amended  to  read  as  follows : 

§  3.  The  number  of  directors  shall  be  not  less  than  nine  nor  more 
than  fifteen,,  a  majority  of  whom  shall  constitute  a  quorum  to  do  busi- 
ness— to  be  elected  by  ballot  from  the  corporators  and  hold  their  offices 
until  their  successors  are  elected  and  qualified.  In  the  election  of  the 
first  board  of  directors  each  corporator  shall  be  entitled  to  vote  in  the 
manner  as  hereinafter  designated.  All  subsequent  elections,  except  to 
fill  vacancies,  shall  be  held  at  the  annual  meeting  of  the  company,  which 
shall  be  on  the  second  Saturday  in  January  in  each  year,  and  every 
person  insured  shall  be  entitled  to  cast  in  person  by  ballot  one  vote  for 
each  one  of  the  number  of  directors  to  be  elected. 

§  14.  It  shall  be  the  duty  of  the  secretary  to  prepare  an  annual 
statement  showing  the  condition  of  such  company  on  the  thirty-first  day 
of  December  and  present  the  same  at  the  annual  meeting. 


612 


INSURANCE. 


§  16.  It  shall  be  the  duty  of  the  president  and  secretary  of  every 
such  company  on  the  first  day  of  January  of  each  year,  or  within  one 
month  thereafter,  to  prepare  under  their  own  oath,  and  transmit  to  the 
Director  of  Trade  and  Commerce  a  statement  of  the  condition  of  the 
company,  on  the  thirty-first  day  of  December  then  next  preceding,  in 
such  form  as  the  Director  of  Trade  and  Commerce  may  direct.  If  upon 
examination  he  is  of  the  opinion  that  such  company  is  doing  business 
correctly  in  accordance  with  the  provisions  of  this  Act,  he  shall  there- 
upon furnish  the  company  his  certificate,  which  shall  be  deemed 
authority  to  continue  business  the  ensuing  year,  subject,  however,  to  the 
provisions  of  this  Act.  For  such  examination  and  certificate  the  com- 
pany shall  pay  one  dollar  ($1).  Each  company  shall  pay  at  the  time 
of  organization  ten  dollars  ($10)  for  the  services  of  the  Director  of 
Trade  and  Commerce,  all  of  which  shall  be  paid  into  the  State  treasury 
and  applied  to  the  insurance  fund. 

Approved  June  6,  1919. 


DISSOLUTION  OF  COMPANIES. 


§   1.     Amends   section    3,    Act   of   1874.  §   3.     Shall    be    held    extinct    if 

ceased  to  do  business 
for  one  year — Circuit 
Court  may  be  petitioned 
to  fix  time  when  com- 
panies shall  close  their 
concerns. 

(House  Bill  No.  179.     Approved  Mat  21,  1919.) 

An  Act  to  amend  section  8  of  an  Act  entitled,  "An  Act  in  regard  to  the 
dissolution  of  insurance  companies/'  approved  February  17/1874,  in 
force  July  1,  187\. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  3  of  an  Act  en- 
titled, "An  Act  in  regard  to  the  dissolution  of  insurance  companies", 
approved  February  17,  1874,  in  force  July  1,  1874,  be  amended  to  read 
as  follows : 

§  3.  The  charters  of  all  insurance  companies  incorporated  in  this 
State,  which,  either  from  neglect  or  by  vote  of  their  members  or  officers, 
or  in  obedience  to  the  decree  of  any  court,  have  ceased,  or  shall  here- 
after cease,  for  the  period  of  one  year,  to  transact  the  business  for  which 
they  were  organized,  shall  be  deemed  and  held  extinct  in  all  respects, 
as  if  they  had  expired  by  their  own  limitation;  and  the  Circuit  Court 
shall  have  authority,  upon  application,  by  the  petition  of  the  Director 
of  Trade  and  Commerce,  or  of  any  person  interested,  to  fix,  by  decree, 
the  time  within  which  such  companies  shall  close  their  concerns;  pro- 
vided, that  no  legal  proceeding  shall  be  necessary  against  any  mutual 
corporation  when  such  corporation  is  shown  by  affidavit  of  its  officers  to 
have  no  assets,  liabilities  or  members,  and  provided,  further,  that  this 
section  shall  not  be  construed  to  relieve  any  such  company  from  its  lia- 
bilities to  the  assured  or  any  of  its  creditors. 

Approved  May  21,  1919. 


INSURANCE.  613 


FIRE,    MARINE    AND    INLAND    NAVIGATION    INSURANCE    COMPANIES. 

§   1.     Amends   section    1,   Act   of   1869.  §   1.     Not     less     than     13     may 

form       company  —  what 
may  be   insured. 

(House  Bill  No.  188.     Approved  Mat  21,  1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  incorporate 
and  to  govern  fire,  marine  and  inland  navigation  insurance  companies 
doing  business  in  the  State  of  Illinois/'  approved  and  in  force  March 
11,  1869,  and  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  en- 
titled, "An  Act  to  incorporate  and  to  govern  fire,  marine  and  inland 
navigation  insurance  companies  doing  business  in  the  State  of  Illinois," 
approved  and  in  force  March  11,  1869,  and  as  subsequently  amended,  be 
amended  to  read  as  follows : 

§  1.  That  any  number  of  persons,  not  less  than  thirteen  (13), 
may  associate  and  form  an  incorporated  company  for  the  following  pur- 
poses, to-wit :  To  make  insurance  on  dwelling  houses,  stores,  and  all 
kinds  of  buildings,  and  upon  household  furniture  and  other  property, 
against  loss  or  damage  by  fire,  lightning  and  tornadoes,  or  either  or  any 
of  said  causes  and  the  risks  of  inland  navigation  and  transportation. 
Any  and  all  insurance  companies  heretofore  or  hereafter  incorporated 
under  the  provisions  of  this  Act,  which  shall,  in  the  declaration  and 
charter  provided  to  be  filed,  have  expressed  an  intention  to  make  in- 
surance, or  shall  have  power  to  make  insurance  against  loss  or  damage 
by  the  risks  of  inland  navigation  or  transportation,  shall  have  power 
to  make  insurance  upon  vessels,  boats,  cargoes,  goods,  merchandise, 
freights,  and  other  property,  against  loss  and  damage  by  all  or  any  of 
the  risks  of  ocean,  lake,  river,  canal  and  inland  navigation  and  trans- 
portation, and  against  loss  or  damage  by  explosion,  whether  fire  ensues 
or  not,  except  upon  steam  boilers  and  pipes,  fly  wheels,  engines  and 
machinery  connected  therewith  or  operated  thereby. 
Approved  May  21,  1919. 

FRATERNAL   BENEFICIARY    SOCIETIES. 

§   1.     Amends   section    7%.   Act   of    1893.  §   7%.     Change     in     articles     of 

association  effective 
only  when  approved 
by  Director  of  Trade 
and   Commerce. 

(House  Bill  No.  186.     Approved  Mat  21,  1919.) 

An  Act  to  amend  section  7y2  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  bene- 
ficiaries 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  laivs  now  existing  which  conflict  hereioitli" ,  approved  and 
in  force  June  22,  1893,  as  subsequently  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois. 

represented  in   the   General  Assembly:     That   section   7%   of  an   Act 


614  INSURANCE. 


entitled  "An  Act  to  provide  for  the  organization  and  management  of 
fraternal  beneficiary  societies  for  the  purpose  of  furnishing  life  in- 
demnity or  pecuniary  benefits  to  beneficiaries  of  deceased  members  or 
accident  or  permanent  indemnity  disability  to  members  thereof;  and  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  con- 
flict herewith",  approved  and  in  force  June  22,  1893,  as  subsequently 
amended,  be  amended  to  read  as  follows : 

§  7^.  Any  corporation,  association  or  society  organized  under  the 
provisions  of  this  Act  may  change  its  articles  of  association  in  the  man- 
ner prescribed  by  its  own  rules,  but  no  such  change  shall  be  of  legal 
effect  until  a  certificate  setting  forth  fully  and  definitely  the  changes 
proposed  shall  have  been  submitted  to  and  approved  by  the  Director  of 
Trade  and  Commerce  and  filed  in  his  office.  Every  corporation,  associa- 
tion or  society  organized  having  adopted  such  change  in  its  articles  of 
association  shall  comply  with  the  provisions  of  this  section  within  sixty 
(60)  days. 

Approved  May  21,  1919. 

FRATERNAL,  BENEFICIARY   SOCIETIES. 

§    1.     Provides  that  funds  and  assets  be  held  for  benefits  promised   in   certificates. 

(Senate  Bill  No.  354.     Approved  June  16,  1919.) 

An  Act  relating  to  fraternal  beneficiary  societies  and  providing  that 
funds  and  assets  shall  be  held  for  the  benefits  promised  in  its  certi- 
ficates. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  A  fraternal  beneficiary  society, 
heretofore  or  hereafter  organized  in  or  admitted  to  this  State,  which 
shall  have  issued  or  shall  hereafter  issue  certificates  on  rates  which  shall 
create  and  maintain  a  reserve  thereon,  without  reference  to  the  particu- 
lar mortality  table  used,  may  at  its  option,  as  may  be  provided  in  its 
articles  of  incorporation,  constitution,  or  by-laws,  provide  that  the  assets 
representing  the  reserves  contributed  upon  such  certificates  shall  be 
maintained  separate  and  distinct  from  other  assets  of  said  society  in 
trust  for  and  to  be  applied  to  the  protection  and  payment  of  the  sums 
agreed  to  be  paid  as  expressed  in  said  certificates  upon  which  such 
reserve  was  contributed;  provided  that  equitable  provision  may  be  made 
for  a  merger  of  the  mortality  upon  all  members,  and  that  such  separa- 
tion of  reserves  aforesaid  shall  not  be  rescinded  or  discontinued;  and 
provided  that  any  fraternal  beneficiary  society,  heretofore  or  hereafter 
organized  in  or  admitted  to  this  State,  may  at  its  option  as  may  be  pro- 
vided in  its  articles  of  incorporation,  constitution  or  by-laws,  classify  its 
members  with  or  without  the  segregation  of  the  fund  contributed  by 
either  class  of  members  for  the  payment  of  the  benefits  provided  for  in 
the  certificates  held  by  such  members. 
Approved  June  16,  1919. 


INSURANCE.  615 


FRATERNAL   BENEFICIARY   SOCIETIES. 

§    1.     Legalizing    consolidation,    mergers       §   2.     Validation    of    contracts, 
or    reinsurance    agreements. 

§   3.     Emergency. 

(House  Bill  No.  187.     Approved  June  21,  1919.) 

An  Act   to  legalize   the  consolidations,  mergers  or  reinsurance  agree- 
ments of  fraternal  beneficiary  societies. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cases  where  a  fra- 
ternal beneficiary  society,  organized  under  the  laws  of  the  State  of 
Illinois,  has  entered  into  a  contract  of  reinsurance  or  articles  of  con- 
solidation or  merged  with  any  other  fraternal  beneficiary  society,  whether 
organized  under  the  laws  of  the  State  of  Illinois  or  any  other  state,  with- 
out express  authority  of  law,  whereby  members  of  such  societies  have 
been  transferred  from  one  society  to  another,  or  certificates  of  member- 
ship issued  by  one  society  have  been  assumed  by  another  society,  or  new 
certificates  issued  by  such  reinsuring  or  consolidated  society  in  lieu  of 
certificates  held  by  such  members,  notwithstanding  the  fact  that  such 
members  were  at  the  time  of  such  reinsurance,  merger  or  consolidation 
above  the  age  of  applicants  for  membership  as  limited  by  law  or  by  the 
certificate  of  association  of  such  reinsuring  society,  or  were  not  at  the 
time  of  such  reinsurance,  consolidation  or  merger  medically  examined 
as  provided  by  law,  each  such  contract  of  reinsurance  or  articles  of  con- 
solidation or  merger,  except  as  hereinafter  provided,  is  hereby  declared 
to  be  legal  and  valid  and  to  be  in  full  force  and  effect. 

No  such  reinsuring  or  consolidated  society  shall  interpost  [inter- 
pose] any  defense  in  any  action  now  pending,  or  hereafter  brought,  on 
any  such  certificate,  based  upon  the  fact  that  the  member  described  in 
such  certificate  was  above  the  age  of  applicants  for  membership  as 
limited  by  law  or  by  the  certificate  of  association  of  such  reinsuring 
society  at  the  time  of  such  reinsurance,  merger  or  consolidation,  or  was 
not  medically  examined  at  such  time,  provided  such  member  shall  have 
complied  in  all  other  respects  with  all  of  the  laws,  rules  and  regulations 
of  such  reinsuring  society  applicable  to  such  member. 

§  2.  The  validation  of  such  contracts  as  provided  for  in  section  1 
hereof  shall  not  be  taken  as  precluding  the  right  of  any  society  or  of  any 
member  of  any  such  society,  party  to  such  contract,  to  bring  an  appro- 
priate action  for  the  recovery,  for  and  on  behalf  of  any  such  society,  of 
any  sum  or  sums  of  money  or  assets  of  any  kind,  wrongfully  or  illegally 
paid  out  or  taken  from  any  such  society  as  and  for  commissions,  fees  or 
other  similar  expenditures,  in  furtherance  of  any  such  contracts  of  con- 
solidation, merger  or  reinsurance;  and  the  reasonableness  of  any  such 
sums  or  transfer  of  assets,  paid  out  as  compensation,  commission  or 
otherwise,  may  be  properly  inquired  into  in  such  action. 

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

Approved  June  21,  1919. 


616  INSURANCE. 


FRATERNAL,  BENEFICIARY   SOCIETIES. 

S   1.     Amends   section    1,   Act   of   1893.  §   1.     Defines     corporation — pay- 

ment of  benefits — mem- 
berships confined  to  cer- 
tain classes. 

(Senate  Bill  No.   156.     Approved  June  21,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  organiza- 
tion 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  existing  which  conflict  therewith,"  approved  and  in  force 
June  22,  1893,  as  subsequently  amended,  by  amending  the  first  section 
of  such  Act. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  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  pro- 
viding 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  subsequently  amended,  be  and  the  same 
is  hereby  amended,  by  amending  the  first  section  of  such  Act  to  read 
as  follows: 

§  1.  A  fraternal  beneficiary  society  is  hereby  declared  to  be 
a  corporation,  society  or  association  formed,  organized  or  carried  on  for 
the  sole  benefit  of  its  members  and  their  beneficiaries,  and  not  for  profit. 
Each  society  shall  have  a  lodge  system,  with  ritualistic  form  of  work 
and  representative  form  of  government,  and  may  make  provisions  for 
the  payment  of  benefits  in  case  of  disability  and  death,  or  of  either, 
resulting  from  either  disease,  accident  or  old  age  of  its  members.  In  all 
meetings  of  any  such  society,  organized  under  this  law  or  heretofore 
organized,  no  member  shall  be  allowed  to  cast  more  than  one  vote  in  any 
election  of  its  officers,  or  on  any  question  submitted  therein,  and  the 
members,  officers,  representatives  or  delegates  of  a  fraternal  beneficiary 
society  shall  not  vote  by  proxy.  Any  such  society,  order  or  association 
may  create,  maintain  and  disburse  a  reserve  fund  in  accordance  with 
its  constitution  and  by-laws.  Such  reserve  fund,  if  any,  shall  represent 
certain  prescribed  accumulations  or  percentage,  retained  for  the  benefit 
of  its  members  or  their  beneficiaries,  and  no  part  thereof  shall  be  used 
for  expenses,  nor. for  any  purpose  except  the  payment  of  death  and  dis- 
ability claims.  The  payment  of  such  benefits  in  all  cases  being  subject 
to  compliance  by  the  member  with  the  contract  rules  and  laws  of  the 
society:  Provided,  the  period  in  life  at  which  payment  of  physical  dis- 
ability benefits  on  account  of  age  may  commence  shall  not  be  under 
seventy  (70)  years.    The  fund  from  which  the  payments  of  such  benefits 


INSURANCE.  617 


shall  be  made,  and  the  fund  from  which  the  expenses  of  such  society 
shall  be  defrayed,  shall  be  derived  from  assessments  or  dues  collected 
from  its  members.  Any  fraternal  benefit  society  which  shall  collect  and 
maintain  a  reserve  fund  may,  by  its  constitution  and  by-laws,  grant  to 
its  members  such  extended  and  paid  up  protection,  or  such  withdrawal 
equities,  as  shall  not  exceed  in  value  the  portion  of  the  reserve  to  the 
credit  of  such  member  or  members  to  whom  such  grant  is  made.  Pay- 
ments of  death  benefits  shall  only  be  paid  to  the  families,  heirs,  blood 
relations,  affianced  husband  or  affianced  wife  of  or  to  persons  dependent 
upon  the  members :  Provided,  that  a  member  who  is  totally  and  perm- 
anently disabled,  either  from  accident,  disease  or  old  age,  or  is  without 
means  of  support,  may,  with  the  consent  of  the  society,  if  the  by-laws 
so  provide,  make  a  charitable  institution,  trust  company,  the  lodge  or 
subordinate  body  of  the  society  of  which  he  is  a  member,  or  any  person 
or  persons  entering  into  an  agreement  in  writing  in  manner  and  form 
satisfactory  to  said  society,  to  support  such  member,  the  beneficiary  in 
his  certificate :  Provided,  that  a  member  having  no  wife  or  children 
living  may,  with  the  consent  of  the  society,  make  a  charitable  institution 
his  beneficiary:  Provided,  however,  that  societies  formed  to  include 
only  the  membership  of  any  religious  denomination  may  be  permitted  to 
provide  that  benefits  under  their  certificates  of  membership  may  be  paid 
to  religious  or  charitable  institutions.  The  members  of  any  religious 
denomination  may  incorporate  under  this  Act,  and  shall  only  be  required 
to  have  a  lodge  or  branch  system  and  a  representative  form  of  govern- 
ment. 

Membership  in  such  corporation  shall  be  confined  to  the  members 
of  such  religious  organization.  Commercial  travelers  shall  also  be 
allowed  to  incorporate  under  the  provisions  of  this  Act,  but  membership 
of  such  incorporation  shall  be  confined  to  those  actively  engaged  as  com- 
mercial travelers,  and  officers,  buyers  or  sellers  for  corporations,  associa- 
tions and  co-partnerships,  or  individuals  who  employ  commercial 
traveling  men.  Such  commercial  travelers'  incorporation  shall  have  a 
lodge  or  branch  system  and  representative  form  of  government.  All 
such  societies  shall  be  governed  by  this  Act,  and  shall  be  exempt  from 
the  provisions  of  all  insurance  laws  in  this  State,  and  no  law  hereafter 
passed  shall  apply  to  them,  unless  they  be  expressly  designated  therein: 
Provided,  that  this  Act  shall  not  be  construed  to  prevent  any  society 
having  a  supreme  lodge  with  separate  jurisdiction,  which  by  their  law 
provides  for  a  general  relief  or  reserve  fund,  for  making  assessments  to 
pay  its  pro  rata  share  of  such  relief  or  reserve  fund,  or  from  receiving 
their  pro  rata  of  any  such  fund. 

Approved  June  21,  1919. 


618  INSURANCE. 


FRATERNAL   BENEFICIARY   SOCIETIES — RESERVE   FUNDS. 

§   1.     Amends   section    1,   Act   of  1903.  §   1.     Investment    of    funds — ap- 

proval      by       insurance 
superintendent. 

(Senate  Bill  No.   366.     Filed  June   24,   1919.) 

An  Act  to  amend  section  1  of,  "An  Act  to  regulate  and  control  the  in- 
vestment and  safekeeping  of  the  reserve  funds  of  fraternal  beneficiary 
societies,  and  to  enable  such  societies  to  deposit  their  reserve  fund 
securities  in  the  custody  of  the  State  of  Illinois,  and  provide  for  the 
registry  thereof  and  provide  compensation  therefor  and  providing  a 
penalty  for  the  violation  thereof,"  approved  May  11/.,  1903,  in  force 
July  1,  1903. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  "An  Act  to  regulate  and 
control  the  investment  and  safekeeping  of  the  reserve  funds  of  fraternal 
beneficiary  societies,  and  to  enable  such  societies  to  deposit  their  reserve 
fund  securities  in  the  custody  of  the  State  of  Illinois,  and  to  provide  for 
the  registry  thereof  and  provide  compensation  therefor  and  providing  a 
penalty  for  the  violation  thereof,"  approved  May  14,  1903,  in  force  July 
1,  1903,  is  amended  by  amending  section  1  thereof  to  read  as  follows: 
§  1.  It  shall  be  lawful  for  any  fraternal  beneficiary  society  or- 
ganized or  doing  business  in  this  State,  to  invest  its  funds  or  accumula- 
tions in  the  stocks  or  bonds  of  the  United  States  or  of  this  State,  or  of 
any  county,  city  or  town  in  this  State,  or  any  State  or  National  bank,  or 
mortgages  (being  first  liens)  on  real  estate  being  worth  at  least  twice 
the  amount  of  the  money  loaned  thereon,  and  such  other  securities  only 
as  are  approved  by  the  Insurance  Superintendent  of  this  State. 
Filed  June  24,  1919. 

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  twenty-fourth   day   of  June,   A.   D.   1919. 

Louis  L.  Emmerson,  Secretary  of  State. 


LIFE,  ACCIDENT  AND  HEALTH. 

§   1.     Who   may   engage    in   business.  §   4.     Denosit    with    Department    of 

Trade   and   Commerce. 
§   2.     Corporations  may  avail  themselves 

of   provisions   of  Act.  §   5.     Investment    of    capital    stock,    etc. 

§   3.     Amendment    of    charter — recording 
certificate. 

(Senate  Bill  No.  3  07.     Approved  June  21,  1919.) 

An  Act  relating  to  the  business  of  life,  accident  and  health  insurance, 
and  to  repeal  a  certain  Act  therein  named. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  any  corporation  which 
possesses  a  capital  stock  fully  paid  in,  in  cash,  of  at  least  two  hundred 
thousand  dollars  ($200,000.),  and  any  mutual  or  stock  and  mutual  cor- 
poration which  possesses  a  capital  stock  fully  paid  in,  in  cash,  or  a 
surplus,  or  both  together,  amounting  to  not  less  than  two  hundred  thou- 
sand dollars  ($200,000.),  and  which  is  now  or  hereafter  organized  under 
the  laws  of  this  State  for  the  purpose  of  making  insurance  upon  the 


INSUIUNCE.  G1!J 


lives  of  persons,  may  also,  upon  compliance  with  the  requirements  of 
this  Act,  engage  in  the  business  of  insuring  persons  against  bodily  in- 
jury, disability  or  death  resulting  from  accident,  and  providing  benefits 
for  disability  caused  by  disease;  or  if  such  corporation  be  now  or  here- 
after organized  under  the  laws  of  this  State  for  the  sole  purpose  of 
insuring  any  person  against  bodily  injury,  disability  or  death  resulting 
from  accident,  and  providing  benefits  for  disability  caused  by  disease,  it 
may  also,  upon  compliance  with  the  requirements  of  this  Act,  engage  in 
the  business  of  making  insurance  upon  the  lives  of  persons,  and  every 
insurance  pertaining  thereto  or  connected  therewith  and  of  granting  or 
disposing  of  annuities. 

§  2.  Any  such  corporation  hereafter  organized  under  the  laws  of 
this  State  for  the  purpose  of  making  insurance  upon  the  lives  of  persons 
or  for  the  otherwise  sole  purpose  of  insuring  persons  against  bodily 
injury,  disability  or  death  resulting  from  accident,  and  providing  bene- 
fits for  disability  caused  by  disease,  may  avail  itself  of  the  provisions  of 
this  Act  by  including  in  its  charter  a  declaration  of  its  desire  so  to  do. 

§  3.  Any  such  corporation  heretofore  organized  under  the  laws 
of  this  State  for  the  purpose  of  making  insurance  upon  the  lives  of 
persons  or  for  the  sole  purpose  of  insuring  persons  against  bodily  injury, 
disability  or  death  resulting  from  accident,  and  providing  benefits  for 
disability  caused  by  disease,  may  avail  itself  of  the  provisions  of  this  Act 
by  amending  its  charter  as  hereinafter  provided.  Whenever  the  board  of 
directors,  managers  or  trustees  of  any  such  company  desire  to  so  amend 
the  charter  of  said  company,  they  may  call  a  special  meeting  of  the 
stockholders  of  said  company,  if  the  same  is  a  stock  company,  or  of  the 
members  of  said  company,  if  the  same  is  a  mutual  company,  or  of  the 
stockholders  and  members,  if  the  same  is  a  stock  and  mutual  company, 
for  the  purpose  of  submitting  the  question  of  such  change  or  amend- 
ments to  a  vote  of  such  stockholders  or  members,  or  both,  as  the  case 
may  be.  Said  meeting  shall  be  called  by  delivering  personally  or  de- 
positing in  the  postoffice,  at  least  thirty  days  before  the  time  fixed  for 
such  meeting,  a  notice  properly  addressed  to  each  stockholder,  or  to  each 
member,  signed  by  a  majority  of  said  directors,  managers  or  trustees, 
stating  the  time,  place  and  specific  object  of  such  meeting.  A  general 
notice  of  the  time,  place  and  object  of  such  meeting  shall  also  be  pub- 
lished for  three  successive  weeks  in  some  newspaper  printed  in  or  nearest 
the  county  in  which  the  principal  business  office  of  said  company  is 
located.  At  any  such  meeting  stockholders  or  members  may  vote  in 
person  or  by  proxy.  Each  stockholder,  in  the  case  of  a  stock  company 
or  of  a  stock  and  mutual  company,  shall  be  entitled  to  one  vote  for  each 
share  of  stock  held  by  him,  and  each  member,  in  the- case  of  a  mutual 
company  or  of  a  stock  and  mutual  company,  shall  be  entitled  to  one 
vote  for  each  one  thousand  dollars  of  insurance  held  by  him,  and  each 
member  shall  have  at  least  one  vote;  and  votes  representing  two-thirds 
of  all  the  stock  in  the  case  of  a  stock  company,  or  of  two-thirds  of  all 
the  stock,  if  any,  and  of  two-thirds  of  all  the  votes  cast  by  the  members 
present  at  the  meeting  in  person  or  by  proxy  in  the  case  of  other  com- 
panies, shall  be  necessary  for  the  adoption  of  the  proposed  amendment. 


620  INSURANCE. 


If  it  shall  appear  at  any  such  meeting  that  a  sufficient  vote  to  adopt 
the  same  has  been  cast  in  favor  of  such  proposed  amendment,  a  certifi- 
cate thereof,  verified  by  the  affidavit  of  the  president,  and  under  the 
seal  of  said  company,  shall  be  submitted  to  the  Department  of  Trade  and 
Commerce.  If  the  said  Department,  upon  examination  of  such  certifi- 
cate, finds  that  the  proposed  amendment  has  been  adopted  in  accordance 
with  the  provisions  of  this  section,  then,  upon  receipt  of  the  deposit 
required  by  the  succeeding  section  of  this  Act,  and  upon  evidence  satis- 
factory to  it,  either  through  examination  of  the  company  or  otherwise, 
that  the  requirement  set  forth  in  section  1  hereof,  regarding  capital 
stock  or  surplus,  has  been  fulfilled,  it  shall  cause  such  certificate  to  be 
recorded  in  a  book  kept  for  the  purpose,  and  thereupon  the  amendment 
shall  be  and  is  hereby  declared  to  be  effected  and  in  force. 

After  the  recording  of  the  said  certificate  by  the  Department  of 
Trade  and  Commerce  as  aforesaid,  a  like  certificate  of  the  amendment 
shall  be  filed  for  record  in  the  office  of  the  recorder  of-  deeds  of  the 
county  where  the  principal  office  of  said  insurance  company  is  located, 
and  said  company  shall  also  cause  to  be  published  in  some  newspaper, 
in  or  nearest  the  county  in  which  its  principal  office  is  located,  a  notice 
containing  a  copy  of  such  amendment  in  its  charter,  for  three  successive 
weeks. 

§  4.  Before  any  corporation  of  this  State  availing  itself  of  the 
provisions  of  this  Act  shall  engage  in  the  forms  of  insurance  business 
permitted  hereby,  it  shall  deposit  with  the  Department  of  Trade  and 
Commerce,  if  it  has  not  already  done  so,  at  least  two  hundred  thousand 
dollars  ($200,000).  Such  deposit  shall  be  in  lieu  of  and  for  the  same 
purposes  as  the  deposits  now  required  by  law  of  life  insurance  com- 
panies and  of  accident  and  health  insurance  companies,  as  a  condition 
precedent  to  the  commencement  of  such  classes  of  business.  Such 
deposits  shall  be  held  in  trust  by  the  Department  of  Trade  and  Com- 
merce for  the  purposes  now  or  hereafter  prescribed  by  law,  and  all 
securities  so  deposited  shall  be  made  to  or  assigned  to  the  Director  of 
such  Department  and  to  his  successors,  in  trust,  for  such  purposes. 

Any  deposit  held  by  the  Department  of  Trade  and  Commerce,  at 
the  time  this  Act  takes  effect,  in  accordance  with, the  provisions  of  an 
Act  entitled,  "An  Act  relating  to  insurance  and  permitting  stock  cor- 
porations organized  under  the  laws  of  the  State  of  Illinois  to  engage  in 
the  business  of  life,  accident  and  health  insurance;  to  regulate  and 
control  such  business  in  this  State,  and  to  repeal  all  laws  now  existing 
which  conflict  with  the  provisions  of  this  Act,"  in  force  July  1,  1911, 
herein  repealed,  shall  continue  to  be  held  by  such  Department  in  accord- 
ance with  the  provisions  of  this  section. 

§  5.  Any  corporation  of  this  State  availing  itself  of  the  provisions 
of  this  Act  shall  thereafter  invest  its  capital  stock,  surplus  or  other 
funds  only  in  such  investments  as  are  permitted  by  the  laws  of  this 
State  to  be  acquired  by  life  insurance  companies  of  this  State. 

§  6.  Any  life  or  casualty  insurance  corporation,  except  as  herein- 
after stated,  organized  under  the  laws  of  any  other  state  or  country,  may 
be  authorized  to  transact  in  this   State  the  business  of  accident  and 


\ 

INSURANCE.  G21 


health  insurance,  or  either  of  them,  and  in  addition  thereto,  the  busi- 
ness of  life  insurance,  if  so  authorized  by  its  charter;  provided  that  it 
possesses  and  maintains  the  minimum  amount  of  capital  stock,  or 
surplus,  or  both  together,  as  required  of  like  companies  of  this  State  by 
this  Act :  And,  provided,  further,  that  it  shall  deposit  with  the  Depart- 
ment of  Trade  and  Commerce  securities  of  the  amount  and  character 
required  hereby  of  like  companies  of  this  State,  or,  in  lieu  thereof,  shall 
furnish  a  certificate  of  deposit  from  a  state  officer  of  one  of  the  states 
of  the  United  States,  showing  to  the  satisfaction  of  the  Department  of 
Trade  and  Commerce  that  the  corporation  has  on  deposit  with  such  state 
officer  the  amount  of  deposit  required  hereby  of  like  companies  of  this 
State,  and  that  the  same  is  held  for  the  benefit  and  security  of  the 
policyholders  of  such  corporation  in  the  United  States,  which  certificate 
shall  be  renewed  annually. 

§  7.  The  minimum  amount  of  capital  stock,  or  surplus,  or  both 
together,  required  hereunder,  shall  be  maintained  at  all  times  as  an  un- 
impaired fund  for  policyholders  by  any  company  availing  itself  of  the 
provisions  of  this  Act :  Provided,  that  if  the  Department  of  Trade  and 
Commerce  shall  find  that  any  impairment  exists  therein,  it  shall  give 
notice  to  the  company  of  the  amount  of  such  impairment  as  determined 
by  it,  and  require  that  the  deficiency  be  made  good  within  such  period 
as  it  may  designate  in  its  notification,  which  shall  be  not  less  than  fifteen 
days,  nor  more  than  ninety  days,  from  the  issuance  of  such  notification ; 
and,  provided,  further,  that  if  such  impairment  shall  exceed  twenty  per 
centum  of  such  minimum  capital  stock  or  surplus,  such  Department 
shall  notify  the  company  to  discontinue  the  issuance  of  new  policies 
until  the  impairment  shall  have  been  made  good. 

If  the  impairment  be  not  made  good  within  the  period  limited  by 
the  Department  of  Trade  and  Commerce  in  its  notification,  then,  in  the 
case  of  a  company  of  this  State,  it  shall  be  deemed  insolvent  and  it  shall 
be  the  duty  of  the  Department  of  Trade  and  Commerce  to  take  such 
proceedings  against  such  company  as  may  be  authorized  by  law  to  be 
taken  against  insolvent  life  insurance  companies,  and,  in  the  case  of  a 
company  organized  under  the  laws  of  any  other  state  or  country,  its 
license  to  operate  in  this  State  shall  be  cancelled  forthwith  by  the  De- 
partment of  Trade  and  Commerce. 

Any  company  or  officer  thereof  that  issues  or  delivers  a  new  policy 
for  and  on  behalf  of  such  company,  after  notice  has  been  given  by  the 
Department  of  Trade  and  Commerce  to  discontinue  the  issuance  of  new 
policies,  or  after  the  expiration  of  the  period  limited  in  its  notification, 
and,  in  either  case,  before  such  impairment  shall  have  been  made  good, 
shall  forfeit  for  each  offense  the  sum  of  one  thousand  dollars,  to  be 
recovered  in  any  court  of  competent  jurisdiction  in  any  [an]  action 
brought  in  the  name  of  the  People  of  the  State  of  Illinois  by  the  Attor- 
ney General  on  application  by  the  Department  of  Trade  and  Commerce. 

§  8.  Any  corporation  availing  itself  of  the  provisions  of  this  Act 
shall,  with  respect  to  its  business  of  life  insurance,  be  subject  to  all  re- 
quirements of  existing  or  hereafter  enacted  law  pertaining  thereto  and 
not  inconsistent  with  the  provisions  of  this  Act,  and  with  respect  to  its 


622 


INSURANCE. 


business  of  accident  and  health  insurance  shall  be  subject  to  all  require- 
ments of  existing  or  hereafter  enacted  law  pertaining  thereto  and  not 
inconsistent  with  the  provisions  of  this  Act. 

§  9.  Nothing  in  this  Act  contained  shall  be  construed  to  prevent 
any  company  authorized .  to  transact  the  business  of  life  insurance  in 
this  State  from  incorporating  provisions  in  its  policies  of  life  insurance 
operating  (a)  to  grant  insurance  against  death  by  accident,  or  (b)  in 
the  event  the  insured  shall  become  totally  and  permanently  disabled 
from  any  cause,  to  safeguard  the  insurance  against  lapse,  or  to  grant 
a  special  surrender  value,  or  to  grant  an  annuity  payable  for  a  limited 
period  or  during  the  life  of  the  insured. 

§  10.  This  Act  shall  not  apply  to  any  fraternal  beneficiary  society 
or  to  any  company  or  association  operating  on  the  assessment  plan  or 
to  any  mutual  casualty  company. 

§  11.  An  Act  entitled,  "An  Act  relating  to  insurance  and  per- 
mitting stock  corporations  organized  under  the  laws  of  the  State  of 
Illinois  to  engage  in  the  business  of  life,  accident  and  health  insurance; 
to  regulate  and  control  such  business  in  this  State,  and  to  repeal  all 
laws  now  existing  which  conflict  with  the  provisions  of  this  Act,"  in 
force  July  1,  1911,  and  all  Acts  or  parts  of  Acts  inconsistent  with  the 
provisions  of  this  Act,  are  hereby  repealed. 

Appeoved  June  21,  1919. 


LIFE  COMPANIES. 


§   1.     Amends  section   10,  Act  of  1869.  §   10.     When     assets     less     than 

liabilities  —  procedure 
— policy  valuations — 
preliminary  term  in- 
surance —  premium — 
payment  period  de- 
fined. 

(House  Bill  No.  326.     Approved  June  28,  1919.) 

An  Act  to  amend  section  10  of  an  Act  entitled  "An  Act  to  organize  and 
regulate  the  business  of  life  insurance''',  in  force  July  1,  1869,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  10  of  an  Act  en- 
titled "An  Act  to  organize  and  regulate  the  business  of  life  insurance", 
in  force  July  1,  1869,  as  amended,  be,  and  the  same  is,  hereby  amended 
to  read  as  follows,  to-wit: 

§  10.  If  the  Department  of  Trade  and  Commerce  shall  find,  in 
the  case  of  any  company  doing  business  under  this  Act,  that  the  ad- 
mitted assets  of  a  stock  life  insurance  company  in  excess  of  the  minimum 
amount  of  capital  stock  required  under  this  Act,  or  the  admitted  assets 
of  a  mutual  life  insurance  company,  are  less  than  its  liabilities,  in- 
cluding the  net  value  of  its  policies  computed  by  the  standard  of  valua- 
tion established  by  this  section,  such  Department  shall  give  notice  to  the 
company  of  the  amount  of  such  deficit  as  determined  by  it,  and  shall 
require  that  the  deficit  be  made  good  within  such  period  as  it  may  desig- 
nate in  its  notification,  which  shall  be  not  less  than  fifteen  days  nor 
more  than  ninety  clays,  from  the  issuance  of  such  notification;  provided 


INSURANCE.  C23 


that,  in  the  case  of  a  stock  Hie  insurance  company  where  the  deficit  shall 
exceed  twenty  per  centum  of  such  minimum  capital  stock,  or  in  the  case 
of  a  mutual  life  insurance  company,  the  Department  shall  further  notify 
the  company  to  discontinue  the  issuance  of  new  policies  until  the  deficit 
shall  have  been  made  good. 

If  the  deficit  be  not  made  good  within  the  period  limited  by  the 
Department  of  Trade  and  Commerce  in  its  notification,  then,  in  the 
case  of  a  company  of  this  State,  it  shall  be  deemed  insolvent  and  it  shall 
be  the  duty  of  the  Department  of  Trade  and  Commerce  to  take  such 
proceedings  against  such  company  as  may  be  authorized  by  law  to  be 
taken  against  insolvent  life  insurance  companies,  and,  in  the  case  of  a 
company  organized  under  the  laws  of  any  other  state  or  country,  its 
license  to  operate  in  this  State  shall  be  cancelled  forthwith  by  the  De- 
partment of  Trade  and  Commerce. 

Any  company  or  officer  thereof  that  issues  or  delivers  a  new  policy 
for  and  on  behalf  of  such  company,  after  notice  has  been  given  by  the 
Department  of  Trade  and  Commerce  to  discontinue  the  issuance  of 
new  policies,  or  after  the  expiration  of  the  period  limited  in  its  notifi- 
cation, and,  in  either  case,  before  the  deficit  shall  have  been  made  good, 
shall  forfeit  for  each  offense  the  sum  of  one  thousand  dollars,  to  be 
recovered  in  any  court  of  competent  jurisdiction  in  an  action  brought  in 
the  name  of  the  People  of  the  State  of  Illinois  by  the  Attorney  General 
on  application  by  the  Department  of  Trade  and  Commerce. 

The  Department  of  Trade  and  Commerce  shall  annually  make 
valuations  of  all  outstanding  policies,  additions  thereto,  unpaid  dividends 
and  all  other  obligations  of  every  life  insurance  corporation  doing  busi- 
ness in  this  State.  All  valuations  made  by  it  or  by  its  authority  shall 
be  made  upon  the  net  premium  basis.  The  legal  minimum  standard  for 
valuation  of  contracts  issued  before  the  first  day  of  January,  1908,  shall 
be  the  Actuaries'  or  Combined  Experience  Table  of  Mortality  with  in- 
terest at  4  per  centum  per  annum  and  for  valuation  of  contracts  issued 
on  or  after  said  date  shall  be  the  American  Experience  Table  of  Mor- 
tality with  interest  at  3-Vo  per  centum  per  annum.  The  Department 
of  Trade  and  Commerce  may  vary  the  standards  of  interest  and  mortality 
in  the  case  of  corporations  from  foreign  countries  as  to  contracts  issued 
by  such  corporations  in  other  countries  than  the  United  States,  and  in 
particular  cases  of  invalid  lives  and  other  extra  hazards;  and  value 
policies  in  groups,  use  approximate  averages  for  fractions  of  a  year  and 
otherwise,  and  accept  the  valuation  of  the  department  of  insurance  of 
any  other  state  or  country  if  made  upon  the  basis,  and  according  to  the 
standards  not  lower  than  herein  required  or  authorized,  in  place  of  the 
valuation  herein  required. 

Policies  issued  by  companies  doing  business  in  this  State  may  pro- 
vide for  not  more  than  one  year  preliminary  term  insurance  by  incor- 
porating in  the  provision  thereof,  specifying  the  premium  consideration 
to  be  received,  a  clause  plainly  showing  that  the  first  year's  insurance 
under  such  policies  is  term  insurance,  purchased  by  the  whole  or  a  part 
of  the  premium  to  be  received  during  the  first  policy  year. 


624  INSURANCE. 


If  the  premium  charged  for  term  insurance  under  a  limited  pay- 
ment life  preliminary  term  policy  providing  for  the  payment  of  all 
premiums  thereon  in  less  than  twenty  years  from  the  date  of  the  policy 
or  under  an  endowment  preliminary  term  policy,  exceeds  that  charged 
for  like  insurance  under  twenty  payment  life  preliminary  term  policies 
of  the  same  company,  the  reserve  thereon  at  the  end  of  any  year,  in- 
cluding first,  shall  not  be  less  than  the  reserve  on  a  twenty  payment  life 
preliminary  term  policy  issued  in  the  same  year  and  at  the  same  age 
together  with  an  amount  which  shall  be  equivalent  to  the  accumulation 
of  a  net  level  premium  sufficient  to  provide  for  a  pure  endowment  at 
the  end  of  the  premium-payment  period  equal  to  the  difference  between 
the  value  at  the  end  of  such  period  of  such  a  twenty  payment  life  pre- 
liminary term  policy  and  the  full  reserve  at  such  time  of  such  a  limited 
payment  life  or  endowment  policy.  The  premium-payment  period  is  the 
period  during  which  premiums  are  concurrently  payable  under  such 
twenty  payment  life  preliminary  term  policy  and  such  limited  payment 
life  or  endowment  policy. 

Approved  June  28,  1919. 


MUTUAL,  INSURANCE   COMPANIES. 

§   1.     Adds    sections    22a    and    22b,    Act  §   22b.     Fees    required, 

of   1915. 

§  22a.  Subject  to  visitation 
and  inspection  by 
Director  of  Trade 
and   Commerce. 

(House  Bill  No.  203.     Approved  June  6,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  organiza- 
tion and  management  of  mutual  insurance  corporations,  other  than 
life;  and  repealing  certain  Acts  and  parts  of  Acts  therein  referred 
to",  approved  June  29,  1915,  in  force  July  1,  1915,  by  adding  addi- 
tional sections  to  be  known  as  sections  22a  and  22b. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled  "An  Act 
to  provide  for  the  organization  and  management  of  mutual  insurance 
corporations,  other  than  life;  and  repealing  certain  Acts  and  parts  of 
Acts  therein  referred  to",  approved  June  29,  1915,  in  force  July  1, 
1915,  be  amended  by  adding  additional  sections  to  be  known  as  sec- 
tions 22a  and  22b  and  to  read  as  follows: 

§  22a.  All  corporations  to  which  this  Act  is  applicable,  with 
their  books,  papers  and  vouchers,  shall  be  subject  to  visitation  and  in- 
spection by  the  Director  of  Trade  and  Commerce,  or  such  person  as 
he  may  designate. 

The  Director  of  Trade  and  Commerce  may  address  any  inquiries 
to  any  such  corporation  in  relation  to  its  doings  or  condition  or  any 
other  matter  connected  with  its  transactions  relative  to  the  business 
contemplated  by  this  Act. 

All  officers  of  such  corporation  shall  promptly  reply  in  writing  to 
all  such  inquiries,  under  the  oath  of  its  president,  secretary  or  other 
officers  if  required. 


INSURANCE.  625 

§  22b.  The  following  fee  shall  be  paid  to  the  Director  of  Trade 
and  Commerce  by  all  corporations  operating  under  the  provisions  of 
this  Act;  for  filing  articles  of  association,  ten  dollars  ($10) ;  for  filing 
annual  statement,  ten  dollars  ($10)  ;  for  issuing  license,  five  dollars 
($5)  ;  for  certificate  of  compliance,  one  dollar  ($1)  ;  for  the  necessary 
expenses  incurred  therein  in  making  examination  of  companies  operat- 
ing under  the  provisions  of  this  Act. 

Approved  June  6,  1919. 

TOWNSHIP  INSURANCE  COMPANIES. 

§   1.     Amends  section   8,   Act   of   1874.  §  8.     Policies  not  to  exceed  five 

years — an     amount     not 
to   exceed   $7,500.00. 

(House  Bill  No.  222.     Approved  Mat  21,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  township  insurance  companies"  approved  March  21f,  181k,  in  force 
July  1,  181k,  as  subsequently  amended,  by  amending  section  eight 
(8)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  township  insurance  companies,"  approved 
March  24,  1874,  in  force  July  1,  1874,  as  subsequently  amended,  be 
and  the  same  is  hereby  amended  by  amending  section  eight  (8)  to 
read  as  follows : 

§  8.  Such  companies  may  issue  policies  only  on  detached  dwell- 
ings, barns  (except  livery,  boarding  and  hotel  barns)  and  other  farm 
buildings,  school  houses  and  churches,  and  such  property  as  may  be 
properly  contained  therein;  also  other  property  on  the  premises  and 
owned  by  the  insured;  also  livestock  (hay  and  grain  in  the  stack)  on 
the  premises  of  the  insured  and  anywhere  in  the  territory  of  the  com- 
pany, for  any  time  not  exceeding  five  years  and  not  to  extend  beyond 
the  limited  duration  of  the  charter  and  for  an  amount  not  to  exceed 
seven  thousand  five  hundred  dollars  ($7,500.00)  on  any  one  risk.  Said 
policies  may  cover  loss  of  or  damage  to  livestock,  harness  and  vehicles 
temporarily  taken  from  the  territory  of  the  company;  provided  said 
livestock,  harness  and  vehicles  be  not  removed  to  exceed  twenty-five 
miles  from  the  territory  of  the  company.  Such  companies  may  under- 
write or  reinsure  the  whole  or  any  part  of  the  risks  of  other  township 
fire  insurance  companies,  and  may  reinsure  the  whole  of  [or]  any  part 
of  their  risks  in  other  township  fire  insurance  companies  organized 
under  this  Act. 

All  persons  so  insured  shall  give  their  obligations  to  the  company, 
binding  themselves,  their  heirs,  and  assigns  to  pay  their  pro  rata  share 
to  the  company  of  the  necessary  expenses,  and  of  all  losses  by  fire  or 
lighting  which  may  be  sustained  by  any  member  thereof  during  the 
time  for  which  their  respective  policies  are  written,  and  they  shall 
also  at  the  time  of  the  effecting  of  the  insurance,  pay  such  percentage 
in  cash  and  such  other  charge  as  may  be  required  by  the  rules  and  by- 
laws of  the  company. 

Approved  May  21,  1919. 

—40  L, 


626  INSURANCE. 


ORGANIZATION  OF  COMPANIES. 

§   1.     Examinations  by  Director  of  Trade       §   4.     Misrepresentations, 
and    Commerce. 

§   5.     Penalties. 
§   2.     Sale  of  stock. 

§   3.     Time   limit   for   organization. 

(House  Bill  No.  582.     Approved  June  28,  1919.) 

An  Act  in  relation  to   the  promotion  and  organization  of  insurance 

corporations. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Director  of  Trade  and 
Commerce  shall,  as  often  as  deemed  expedient,  make  or  cause  to  be 
made  an  examination  into  the  affairs  of  any  insurance  corporation  in 
process  of  organization  on  the  capital  stock  plan  under  the  terms  of 
the  following  Acts,  to-wit : 

(a)  "An  Act  to  incorporate  and  to  govern  fire,  marine  and  in- 
land navigation  insurance  companies  doing  business  in  the  State  of 
Illinois.      (Approved  March  11,  1869,  as  amended,) 

(b)  "An  Act  to  organize  and  regulate  the  business  of  life  insur- 
ance.    (Approved  March  26,  1869,  as  amended,) 

(c)  "An  Act  to  incorporate  and  to  govern  casualty  insurance 
companies  and  to  control  such  companies  of  this  State  and  of  other 
states  doing  business  in  the  State  of  Illinois,  and  providing  and  fixing 
the  punishment  for  violation  of  the  provisions  thereof,  and  to  repeal 
all  laws  now  existing  which  conflict  therewith.  (Approved  April  21, 
1899,  as  amended.,)   or 

(d)  "An  Act  to  provide  for  the  organization,  management  and 
regulation  of  surety  companies,  (Approved  April  17,  1899,  as  amend- 
ed.) 

Any  such  corporation  in  process  of  organization,  its  incorporators 
and  the  officers,  agents  or  employees  thereof  shall  be  subject  to  the  pro- 
visions of  the  respective  Act  under  which  it  is  being  organized,  so  far 
as  the  same  may  relate  to  examinations  by  the  Department  of  Trade 
and  Commerce  as  fully  as  if  its  organization  had  been  completed.  All 
the  expenses  of  any  examination  made  under  authority  of  this  section 
shall  be  paid  by  the  corporation  examined. 

§  2.  (a)  No  person,  firm  or  corporation  shall,  for.  the  purpose 
of  organizating  or  promoting  any  insurance  corporation  to  be  organ- 
ized or  proposed  to  be  organized  within  or  without  this  State,  or  pro- 
moting the  sale'  of  stock  of  such  corporation  by  it  after  organization  as 
principal  or  agent,  sell  or  agree  or  attempt  to  sell  within  this  State 
any  stock  in  such  insurance  corporation,  unless  the  contract  of  sub- 
scription or  of  sale  shall  be  in  writing  and- contain  a  provision  in  the 
following  language : 

"ISTo  sum  shall  be  used  for  commission,  promotion  and  organiza- 
tion expenses  on  account  of  any  share  of  stock  in  this  corporation,  in 

excess   of per  cent   of  the   amount   actually   paid   upon   separate 

subscription   (or  in  lieu  thereof  there  may  be  inserted  of  $ 

per  share  from  every  fully  paid  subscription),  for  such  stock,  and  the 
remainder  of  such  payments  shall  be  held  or  invested  as  authorized  by 


INSURANCE.  152*3 


the  law  governing  such  insurance  corporation  and  held  by  the  organ- 
izers (or  trustees,  as  the  case  may  be)  and  the  directors  and  officers 
of  such  corporation  after  organization  as  bailees  for  the  subscriber,  to 
be  used  only  in  the  conduct  of  the  business  of  insurance  by  such  cor- 
poration after  having  been  licensed  therefor  by  proper  authority." 

(b)  The  term  ''stock"  as  used  in  this  section,  shall  include  bonds 
and  any  other  evidences  of  indebtedness  or  of  interest  in  the  profits  of 
any  such  corporation. 

(c)  Funds  and  securities  held  by  the  corporators,  organizers, 
trustees,  directors  or  officers  as  bailees  shall  be  deposited  with  a  bank 
or  trust  company  of  this  State  until  such  corporation  has  been  duly 
authorized  to  carry  on  the  business  of  insurance  for  which  it  is  being 
organized. 

(d)  Every  contract  within  sub-section  (a)  shall  contain  a  state- 
ment giving  the  names  of  the  corporators  (or  trustees,  as  the  case  may 
be)  and  their  residence,  the  par  value  of  the  shares  and  the  prices  at 
which  shares  have  been,  are,  or  are  to  be  sold,  the  number  of  shares 
at  each  price,  the  total  number  of  shares,  and  be  filled  in  with  the 
percentage  or  amount  which  may  be  used  for  commission,  promotion 
or  organization  expenses,  which  together  shall  not  exceed  fifteen  per 
cent  of  the  amount  actually  paid  upon  separate  subscriptions  for  such 
stock,  provided  that  the  provisions  of  this  sub-section  in  regard  to 
limitation  of  expenses  shall  not  apply  during  the  organization  of  any 
domestic  stock  insurance  corporation  of  which  the  declaration  of  organ- 
ization has  been  filed  with  the  Department  of  Trade  and  Commerce 
and  approved  and  certified  to  by  it,  as  required  by  law,  prior  to  the 
taking  effect  of  this  Act. 

§  3.  The  organization  of  any  domestic  stock  insurance  corpora- 
tion referred  to  in  section  1  hereof,  now  in  process  of  organization  or 
hereafter  organized  must  be  completed  within  two  years  from  the  date 
of  filing  of  the  declaration  of  organization  with  the  Department  of 
Trade  and  Commerce  and  approval  and  certification  to  by  it  as  re- 
quired by  law. 

If  the  organization  of  any  such  corporation  be  not  completed  with- 
in the  said  period  then  the  Department  of  Trade  and  Commerce  is 
empowered  to  proceed  in  any  court  of  competent  jurisdiction  in  the 
county  in  which  the  principal  office  of  the  company  is  to  be  located  as 
prescribed  in  its  charter  for  an  injunction  to  restrain  its  further  organ- 
ization, to  annul  the  same,  apply  for  a  receiver  to  liquidate  its  affairs 
and  for  such  other  relief  as  may  be  deemed  just. 

§  4.  No  such  corporation  referred  to  hereunder  and  no  officer, 
director,  agent  or  employe  thereof  or  any  person,  firm  or  corporation 
shall  issue,  circulate  or  employ  or  cause  or  permit  to  be  used,  issued, 
circulated  or  employed,  any  circular  or  statement,  whether  printed,  or 
oral,  of  any  sort,  misrepresenting  or  exaggerating  the  earnings  of  such 
corporations  or  the  value  of  their  corporate  stock  or  other  securities 
or  the  profits  to  be  derived,  either  directly  or  indirectly,  from  their 
organization  and  management. 

§  5.  Any  person,  partnership,  organization,  association  or  cor- 
poration, or  any  member  of  such  partnership,  organization  or  associa- 


0'28  INSURANCE. 


tion  or  officer  or  director  of  such  corporation  violating  any  of  the 
provisions  of  this  Act  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars  and  not  to  exceed  one  thousand  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment as  may  be  determined  by  the  court. 
Approved  June  28,  1919. 


TAXATION  OF  NON-RESIDENT   COMPANIES. 

1.  Annual    State    tax.  §   11.     Collecting  judgment. 

2.  Privilege    tax.  §   12.     Revocation   of   license. 

3.  Report    to    Department    of    Trade       §   13.     Payment    for    unexpired    portion 

and   Commerce.  ,  of   first   year. 

4.  Additional   reports.  §   14.     Tax    fixed — how    computed — pen- 
alty on   delinquent  tax. 


5.  Assessment  of  tax 

6.  When  payable. 


§   15.     License. 


§   16.     Reservations     on     revocation     of 

7.  Penalty    for    non-compliance.  license. 

8.  Objections.  §   17.     Limitations     on     construction     of 

Act. 


IS.     Repeal. 


§     9.     Notice  of  tax. 

§   10.     Penalty  for  non-payment. 

(House  Bill  No.  663.     Approved  June -28,  1919.) 

An  Act  in  relation  to  the  taxation  of  non-resident  corporations,  com- 
panies and  associations  for  the  privilege  of  doing  an  insurance  busi- 
ness in  this  State. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  each  non-resident  corpor- 
ation, company  and  association  licensed  and  admitted  to  do  an  insur- 
ance business  in  this  State  shall,  except  as  herein  otherwise  provided, 
pay  an  annual  State  tax  for  the  privilege  of  doing  an  insurance  business 
in  this  State,  equal  to  two  per  centum  on  the  gross  amount  of  premiums 
received  during  the  preceding  calendar  year  on  contracts  covering  risks 
within  this  State,  which  gross  amount  of  premiums  shall  include  all 
premiums  received  during  the  preceding  calendar  year  on  all  policies, 
annuity  contracts,  certificates,  renewals,  policies  subsequently  cancelled, 
insurance  and  reinsurance  executed,  issued  and  delivered  during  such 
preceding  calendar  year,  and  all  premiums  that  are  received  during 
such  preceding  calendar  year  on  all  policies,  annuity  contracts,  cer- 
tificates, renewals,  policies  subsequently  cancelled,  insurance  and  rein- 
surance executed,  issued  and  delivered  in  all  years  prior  to  such  pre- 
ceding calendar  year,  whether  such  premiums  were  in  the  form  of 
money,  notes,  credits  or  any  other  substitute  for  money,  after  deduct- 
ing from  such  gross  amount  of  premiums  the  amount  of  returned 
premiums  on  cancelled  policies  covering  risks  within  this  State  (but 
returns  on  life  insurance  policies,  commonly  known  as  surrender  values, 
shall  not  be  considered  returned  premiums  on  cancelled  policies)  ;  also 
the  amount  paid  for  reinsurance  of  risks  within  this  State  to  com- 
panies duly  licensed  to  transact  business  in  this  State,  and  also  the 
amount  returned  to  holders  of  policies  on  risks  within  this  State  as 
dividends,  paid  in  cash  or  applied  in  the  reduction  of  premiums. 


INSURANCE.  629 


There  shall  be  deducted  from  the  tax  thus  computed  the  amount 
(if  auy)  paid  by  such  corporation,  company  or  association,  to  cities  and 
villages  as  a  tax  on  premiums  received  by  such  corporation,  company 
or  association  in  such  cities  and  villages  during  the  preceding  calendar 
year  for  the  benefit  of  organized  fire  departments,  and  the  remainder 
shall  be  assessed  against  such  corporation,  company  or  association  as 
its  annual  privilege  tax. 

This  Act  shall  apply  to  all  corporations,  companies,  and  associations 
organized  under  the  laws  of  any  other  state,  territory  or  foreign  country 
and  admitted  to  transact  the  business  of  insurance  in  this  State  on 
the  stock,  mutual,  stock  and  mutual,  or  assessment  plan.  This  Act, 
however,  shall  not  apply  to  fraternal  beneficiary  associations  or  societies. 

The  tax  herein'  provided  for  shall  be  in  lieu  of  all  license  fees  or 
privilege  or  occupation  taxes  levied  or  assessed  by  any  municipality  in 
this  State,  and  no  municipality  shall  impose  any  license  fee  or  privi- 
lege or  occupation  tax  upon  any  such  corporation,  company  or  associa- 
tion, or  any  of  its  agents,  for  the  privilege  of  doing  an  insurance  busi- 
ness therein;  but  this  Act  shall  not  be  construed  to  prohibit  the  levy 
and  collection  of  any  State,  county  or  municipal  taxes  upon  the  real 
and  personal  property  of  such  corporations,  companies  and  associations, 
nor  to  prohibit  the  levy  and  collection  of  taxes  for  the  benefit  of 
organized  fire  departments  in  cities  and  villages,  nor  to  prevent  the 
levy  and  collection  of  taxes  for  the  purpose  of  maintaining  the  office 
of  the  Fire  Marshal  of  this  State  and  paying  the  expenses  incident, 
nor  to  prevent  the  levy  and  collection  of  the  tax  authorized  by  section 
30  of  an  Act  entitled,  "An  Act  to  incorporate  and  to  govern  fire, 
marine  and  inland  navigation  insurance  companies  doing  business  in 
the  State  of  Illinois,"  approved  March  11,  1869,  in  force  July  1,  1869, 
as  amended. 

§  2.  If  the  laws  of  another  state  or  territory  shall  require  of 
insurance  corporations,  companies  or  associations  organized  under  the 
laws  of  this  State,  and  doing  business  in  such  other  state  or  territor}r, 
payments  for  taxes,  fines,  penalties,  certificates  of  authority,  license 
fees  or  otherwise,  on  a  basis  or  rate  which  will  produce  amounts  greater 
than  would  be  produced  by  the  application  of  the  basis  or  rate  pro- 
vided for  herein  and  by  any  other  laws  of  this  State,  then  and  in 
every  such  case  insurance  corporations,  companies  and  associations  of 
such  state  or  territory,  when  admitted  and  licensed  to  do  an  insurance 
business  in  this  State,  shall  be  required  to  pay  for  such  privilege  on 
the  same  basis  or  rate  as  is  imposed  by  the  laws  of  such  state  or  terri- 
tory upon  similar  insurance  corporations,  companies  and  associations 
organized  under  the  laws  of  this  State. 

In  the  imposition  of  any  privilege  tax  under  this  section  all  of 
the  provisions  of  this  Act,  so  far  as  applicable,  shall  be  observed. 

§  3.  Each  insurance  corporation,  company  and  association  sub- 
ject to  the  provisions  of  this  Act  shall,  in  addition  to  all  other  state- 
ments and  reports  required  by  law,  make  a  report  in  writing  to  the 
Department  of  Trade  and  Commerce,  not  later  than  the  first  day  of 
August,  A.  D.  1919.  and  not  later  than  the  first  day  of  March  in  each 


630  INSURANCE. 


year  thereafter,  on  such  forms  as  the  Department  of  Trade  and  Com- 
merce may  prescribe.    Such  report  shall,  among  other  things,  state : 

(1)  The  name  of  the  corporation,  company,  or  association. 

(2)  The  location  of  its  principal  office  (if  any)  in  this  State, 
and  the  location  of  its  principal  office  in  the  state  of  its  domicile  or 
entry. 

(3)  The  gross  amount  of  premiums  received  by  it  during  the 
preceding  calendar  year  ending  December  31,  on  contracts  covering 
risks  within  this  State,  which  gross  amount  of  premiums  shall  include 
all  premiums  received  during  the  preceding  calendar  year  on  all  poli- 
cies, annuity  contracts,  certificates,  renewals,  policies  subsequently  can- 
celled, insurance  and  reinsurance  executed,  issued  and  delivered  during 
such  prededing  [preceding]  calendar  year,  and  all  premiums  that  are 
received  during  such  preceding  calendar  year  on  all  policies,  annuity 
contracts,  certificates,  renewals,  policies  subsequently  cancelled,  insur- 
ance and  reinsurance  executed,  issued  and  delivered  in  all  years  prior 
to  such  preceding  calendar  year,  whether  such  premiums  were  in  the 
form  of  money,  notes,  credits,  or  any  other  substitute  for  money. 

(4)  The  amount  of  returned  premiums  on  cancelled  policies  cov- 
ering risks  within  this  State  (but  returns  on  life  insurance  policies, 
commonly  known  as  surrender  values,  shall  not  be  considered  returned 
premiums  on  cancelled  policies),  the  amount  paid  for  reinsurance  of 
risks  within  this  State  to  companies  duly  licensed  to  transact  business 
in  this  State,  and  the  amount  returned  to  holders  of  policies  on  risks 
within  this  State  as  dividends,  paid  in  cash  or  applied  in  the  reduc- 
tion of  premiums. 

(5)  The  amount  (if  any)  paid  to  cities  and  villages  as  a  tax 
on  premiums  received  by  such  corporation,  company  or  association  in 
such  cities  and  villages  during  the  preceding  calendar  year  for  the 
benefit  of  organized  fire  departments. 

Such  report  shall  be  signed  and  sworn  to  by  the  president,  vice 
president,  secretary,  treasurer,  or  manager  of  the  company,  and  in 
case  the  company  is  in  the  hands  of  an  assignee  or  receiver,  then  such 
report  shall  be  signed  and  sworn  to  by  such  assignee  or  receiver. 

§  4.  The  Department  of  Trade  and  Commerce  may  require  at 
any  time  further  or  supplemental  reports,  verified  as  herein  prescribed, 
with  reference  to  any  matter  pertinent  to  the  proper  assessment  of 
the  tax  herein  provided  for,  and  it  shall  be  the  duty  of  such  corpora- 
tions, companies  and  associations  to  promptly  furnish  such  reports. 

§  5.  The  Department  of  Trade  and  Commerce  shall,  from  the 
reports  herein  required  to  be  filed  with  it,  assess  a  tax  at  the  rate 
herein  prescribed  against  each  corporation,  company  and  association 
required  herein  to  make  such  reports. 

§  6.  Except  as  otherwise  provided  in  section  14  hereof,  the  tax 
herein  provided  to  be  paid  shall  be  due  and  payable  on  the  first  day 
of  July  of  each  year,  and  shall  be  the  tax  for  the  year  commencing 
on  the  first  day  of  July  in  which  it  is  due  and  ending  on  the  thirtieth 
day  of  June  next  thereafter. 

§  7.  If  any  corporation,  company  or  association,  subject  to  the 
provisions  of  this  Act,  shall  fail  or  refuse  to  file  its  annual  report  within 


INSURANCE.  H31 


the  time  required  by  this  Act,  the  Department  of  Trade  and  Com- 
merce shall  assess  a  tax  against  such  corporation,  company  or  associa- 
tion, based  upon  the  best  possible  available  information,  adding  to  such 
assessment  a  penalty  of  ten  per  centum  upon  such  assessment. 

§  8.  The  Department  of  Trade  and  Commerce  shall  have  power 
to  hear  and  determine  objections  to  any  assessment,  and,  after  hearing, 
to  change  or  modify  any  assessment. 

§  9.  On  or  before  the  fifteenth  day  of  May  of  each  year,  the 
Department  of  Trade  and  Commerce  shall  mail  a  notice  in  writing 
to  each  corporation,  company  and  association  against  which  a  tax  is  as- 
sessed, stating  the  amount  of  the  tax  assessed  against  it  for  the  year  next 
ensuing  commencing  on  July  1,  and  that  objections  (if  any)  to  such 
assessment  will  be  heard  by  the  Department  of  Trade  and  Commerce 
on  a  day  stated  therein,  not  later  than  the  twenty-fifth  day  of  June. 
Such  notice  shall  further  state  that  the  tax  therein  assessed  is  payable 
to  the  Department  of  Trade  and  Commerce  on  July  1  after  the  date 
of  said  notice.  The  notice  required  by  this  section  shall  be  mailed  to 
the  corporation,  company  or  association,  addressed  to  its  postoffice 
address  as  shown  by  the  records  in  the  office  of  the  Department  of 
Trade  and  Commerce.  A  failure  to  receive  the  notice  mentioned  in 
this  section  shall  not  relieve  any  corporation,  company  or  association, 
of  the  obligation  to  pay  such  taxes,  nor  shall  it  invalidate  the  assess- 
ment of  the  tax. 

§  10.  If  the  tax  assessed  in  accordance  with  the  provisions  of 
this  Act  shall  not  be  paid  on  or  before  the  thirty-first  day  of  July 
of  the  year  in  which  the  assessment  is  made,  it  shall  be  deemed  to  be 
delinquent,  and  there  shall  be  added  a  penalty  of  five  per  centum  for 
each  month  or  part  of  month  that  the  same  is  delinquent,  commencing 
with   the  month  of  August. 

§  11.  The  Department  of  Trade  and  Commerce,  through  the 
Attorney  General,  may  at  any  time  after  the  tax  becomes  delinquent 
institute  an  action  of  debt,  in  the  name  of  the  people  of  the  State  of 
Illinois,  in  any  court  of  competent  jurisdiction,  for  the  recovery  of 
the  amount  of  such  taxes  and  penalties  due,  and  prosecute  the  same  to 
final  judgment,  and  take  such  steps  as  may  be  necessary  to  collect  the 
same. 

§  12.  If  any  corporation,  company  or  association  shall  fail,  neglect 
or  refuse  to  make  and  file  any  report  herein  required,  or  shall  fail, 
neglect  or  refuse  to  pay  any  tax  assessed  against  it  under  the  provisions 
of  this  Act,  within  thirty  days  after  the  same  becomes  due  and  payable, 
the  Department  of  Trade  and,  Commerce  shall  have  power  to  revoke 
the  license  of  such  defaulting  corporation,  company  or  association  to 
transact  the  business  of  insurance  in  this  State,  or  it  may  suspend  the 
same  until  such  report  or  reports  are  filed  or  such  tax  and  penalties 
(if  any)   are  paid. 

§  13.  Each  corporation,  company  and  association  applying  for 
a  license  to  do  an  insurance  business  in  this  State,  and  which  was  not 
licensed  to  do  such  business  in  this  State  during  the  preceding  calendar 
year,  or  any  part  thereof,  shall,  before  said  license  is  issued,  pay  to  the 
Department  of  Trade  and  Commerce  at  the  rate  of  three  hundred  dol- 


630  INSURANCE. 


year  thereafter,  on  such  forms  as  the  Department  of  Trade  and  Com- 
merce may  prescribe.     Such  report  shall,  among  other  things,  state : 

(1)  The  name  of  the  corporation,  company,  or  association. 

(2)  The  location  of  its  principal  office  (if  any)  in  this  State, 
and  the  location  of  its  principal  office  in  the  state  of  its  domicile  or 
entry. 

(3)  The  gross  amount  of  premiums  received  by  it  during  the 
preceding  calendar  year  ending  December  31,  on  contracts  covering 
risks  within  this  State,  which  gross  amount  of  premiums  shall  include 
all  premiums  received  during  the  preceding  calendar  year  on  all  poli- 
cies, annuity  contracts,  certificates,  renewals,  policies  subsequently  can- 
celled, insurance  and  reinsurance  executed,  issued  and  delivered  during 
such  prededing  [preceding]  calendar  year,  and  all  premiums  that  are 
received  during  such  preceding  calendar  year  on  all  policies,  annuity 
contracts,  certificates,  renewals,  policies  subsequently  cancelled,  insur- 
ance and  reinsurance  executed,  issued  and  delivered  in  all  years  prior 
to  such  preceding  calendar  year,  whether  such  premiums  were  in  the 
form  of  money,  notes,  credits,  or  any  other  substitute  for  money. 

(4)  The  amount  of  returned  premiums  on  cancelled  policies  cov- 
ering risks  within  this  State  (but  returns  on  life  insurance  policies, 
commonly  known  as  surrender  values,  shall  not  be  considered  returned 
premiums  on  cancelled  policies),  the  amount  paid  for  reinsurance  of 
risks  within  this  State  to  companies  duly  licensed  to  transact  business 
in  this  State,  and  the  amount  returned  to  holders  of  policies  on  risks 
within  this  State  as  dividends,  paid  in  cash  or  applied  in  the  reduc- 
tion of  premiums. 

(5)  The  amount  (if  any)  paid  to  cities  and  villages  as  a  tax 
on  premiums  received  by  such  corporation,  company  or  association  in 
such  cities  and  villages  during  the  preceding  calendar  year  for  the 
benefit  of  organized  fire  departments. 

Such  report  shall  be  signed  and  sworn  to  by  the  president,  vice 
president,  secretary,  treasurer,  or  manager  of  the  company,  and  in 
case  the  compan}r  is  in  the  hands  of  an  assignee  or  receiver,  then  such 
report  shall  be  signed  and  sworn  to  by  such  assignee  or  receiver. 

§  4.  The  Department  of  Trade  and  Commerce  may  require  at 
any  time  further  or  supplemental  reports,  verified  as  herein  prescribed, 
with  reference  to  any  matter  pertinent  to  the  proper  assessment  of 
the  tax  herein  provided  for,  and  it  shall  be  the  duty  of  such  corpora- 
tions, companies  and  associations  to  promptly  furnish  such  reports. 

§  5.  The  Department  of  Trade  and  Commerce  shall,  from  the 
reports  herein  required  to  be  filed  with  it,  assess  a  tax  at  the  rate 
herein  prescribed  against  each  corporation,  company  and  association 
required  herein  to  make  such  reports. 

§  6.  Except  as  otherwise  provided  in  section  14  hereof,  the  tax 
herein  provided  to  be  paid  shall  be  due  and  payable  on  the  first  day 
of  July  of  each  year,  and  shall  be  the  tax  for  the  year  commencing 
on  the  first  clay  of  July  in  which  it  is  due  and  ending  on  the  thirtieth 
day  of  June  next  thereafter. 

§  7.  If  any  corporation,  company  or  association,  subject  to  the 
provisions  of  this  Act,  shall  fail  or  refuse  to  file  its  annual  report  within 


INSURANCE.  031 


the  time  required  by  this  Act,  the  Department  of  Trade  and  Com- 
merce shall  assess  a  tax  against  such  corporation,  company  or  associa- 
tion, based  upon  the  best  possible  available  information,  adding  to  such 
assessment  a  penalty  of  ten  per  centum  upon  such  assessment. 

§  8.  The  Department  of  Trade  and  Commerce  shall  have  power 
to  hear  and  determine  objections  to  any  assessment,  and,  after  hearing, 
to  change  or  modify  any  assessment. 

§  9.  On  or  before  the  fifteenth  day  of  May  of  each  year,  the 
Department  of  Trade  and  Commerce  shall  mail  a  notice  in  writing 
to  each  corporation,  company  and  association  against  which  a  tax  is  as- 
sessed, stating  the  amount  of  the  tax  assessed  against  it  for  the  year  next 
ensuing  commencing  on  July  1,  and  that  objections  (if  any)  to  such 
assessment  will  be  heard  by  the  Department  of  Trade  and  Commerce 
on  a  day  stated  therein,  not  later  than  the  twenty-fifth  day  of  June. 
Such  notice  shall  further  state  that  the  tax  therein  assessed  is  payable 
to  the  Department  of  Trade  and  Commerce  on  July  1  after  the  date 
of  said  notice.  The  notice  required  by  this  section  shall  be  mailed  to 
the  corporation,  company  or  association,  addressed  to  its  postofflce 
address  as  shown  by  the  records  in  the  office  of  the  Department  of 
Trade  and  Commerce.  A  failure  to  receive  the  notice  mentioned  in 
this  section  shall  not  relieve  any  corporation,  company  or  association, 
of  the  obligation  to  pay  such  taxes,  nor  shall  it  invalidate  the  assess- 
ment of  the  tax. 

§  10.  If  the  tax  assessed  in  accordance  with  the  provisions  of 
this  Act  shall  not  be  paid  on  or  before  the  thirty-first  day  of  July 
of  the  year  in  which  the  assessment  is  made,  it  shall  be  deemed  to  be 
delinquent,  and  there  shall  be  added  a  penalty  of  five  per  centum  for 
each  month  or  part  of  month  that  the  same  is  delinquent,  commencing 
with   the  month  of  August. 

§  11.  The  Department  of  Trade  and  Commerce,  through  the 
Attorney  General,  may  at  any  time  after  the  tax  becomes  delinquent 
institute  an  action  of  debt,  in  the  name  of  the  people  of  the  State  of 
Illinois,  in  any  court  of  competent  jurisdiction,  for  the  recovery  of 
the  amount  of  such  taxes  and  penalties  due,  and  prosecute  the  same  to 
final  judgment,  and  take  such  steps  as  may  be  necessary  to  collect  the 
same. 

§  12.  If  any  corporation,  company  or  association  shall  fail,  neglect 
or  refuse  to  make  and  file  any  report  herein  required,  or  shall  fail, 
neglect  or  refuse  to  pay  any  tax  assessed  against  it  under  the  provisions 
of  this  Act,  within  thirty  days  after  the  same  becomes  due  and  payable, 
the  Department  of  Trade  and,  Commerce  shall  have  power  to  revoke 
the  license  of  such  defaulting  corporation,  company  or  association  to 
transact  the  business  of  insurance  in  this  State,  or  it  may  suspend  the 
same  until  such  report  or  reports  are  filed  or  such  tax  and  penalties 
(if  any)   are  paid. 

§  13.  Each  corporation,  company  and  association  applying  for 
a  license  to  do  an  insurance  business  in  this  State,  and  which  was  not 
licensed  to  do  such  business  in  this  State  during  the  preceding  calendar 
year,  or  any  part  thereof,  shall,  before  said  license  is  issued,  pay  to  the 
Department  of  Trade  and  Commerce  at  the  rate  of  three  hundred  dol- 


632  INSURANCE. 


lars  per  annum  for  as  many  months  as  will  elapse  between  the  date  of 
issuance  of  such  license  and  the  first  day  of  July  of  the  calendar  year 
succeeding  the  calendar  year  in  which  such  license  is  issued,  and  such 
payment  shall  be  for  the  privilege  of  doing  an  insurance  business  in 
this  State  during  the  period  aforesaid. 

§  14.  Each  insurance  corporation,  company  and  association  re- 
quired by  this  Act  to  make  a  report  on  or  before  the  first  day  of 
August,  A.  D.  1919,  shall  pay  a  tax  equivalent  to  two  per  centum  of 
the  gross  amount  of  premiums  received  by  it  during  the  preceding 
calendar  year  ending  December  31,  on  contracts  covering  risks  within 
this  State,  which  gross  amount  of  premiums  shall  include  all  premiums 
received  during  such  preceding  calendar  year  on  all  policies,  annuity 
contracts,  certificates,  renewals,  policies  subsequently  cancelled,  insur- 
ance and  reinsurance  executed,  issued  and  delivered  during  such  pre- 
ceding calendar  year,  and  all  premiums  that  are  received  during  such 
preceding  calendar  year  on  all  policies,  annuity  contracts,  certificates, 
renewals,  policies  subsequently  cancelled,  insurance  and  reinsurance 
executed,  issued  and  delivered  in  all  years  prior  to  such  preceding 
calendar  year,  whether  such  premiums  were  in  the  form  of  money, 
notes,  credits,  or  any  other  substitute  for  money,  after  deducting  from 
such  gross  amount  of  premiums  the  amount  of  returned  premiums  on 
cancelled  policies  covering  risks  within  this  State  (but  returns  on  life 
insurance  policies,  commonly  known  as  surrender  values,  shall  not  be 
considered  returned  premiums  on  cancelled  policies),  and  after  deducting 
the  amount  paid  for  reinsurance  of  risks  within  this  State  to  companies 
duly  licensed  to  transact  business  in  this  State,  and  also  the  amount  re- 
turned to  holders  of  policies  on  risks  within  this  State  as  dividends,  paid 
in  cash  or  applied  in  reduction  of  premiums.  From  the  amount  of  the 
tax  thus  computed  there  shall  be  deducted  the  amount  paid  (if  any) 
by  such  corporation,  company  or  association  to  cities  and  villages,  dur- 
ing the  year  1918,  as  a  tax  on  premiums  received  in  such  cities  and 
villages,  for  the  benefit  of  organized  fire  departments;  also  one-half 
of  the  amount  (if  any)  theretofore  paid  by  such  corporation,  company 
or  association,  in  the  year  1919,  to  this  State  under  any  reciprocal  law 
of  this  State  as  a  tax  on  its  gross  premiums,  and  the  remainder  shall 
be  assessed  against  such  corporation,  company  or  association  as  a  tax 
for  the  privilege  of  doing  an  insurance  business  in  this  State  for  the 
year  commencing  on  the  first  day  of  July,  A.  D.  1919  and  ending  on 
the  thirtieth  day  of  June,  A.  D.  1920,  and  which  tax  shall  be  due 
and  pavable  on  or  before  the  first  day  of  October,  A.  D.  1919.  Said 
tax  shall  be  assessed  as  provided  in  section  5  hereof  and  notice  thereof 
given  as  provided  in  section  9  hereof  on  or  before  September  1,  1919. 
If  said  tax  is  not  paid  on  or  before  the  last  day  of  October,  1919,  it 
shall  be  deemed  to  be  delinquent  and  there  shall  be  added  a  penalty 
of  five  per  centum  for  each  month  or  part  of  month  that  the  same  is 
delinquent,  commencing  with  the  month  of  November,  1919. 

§  15.  The  authority  of  each  non-resident  corporation,  company 
and  association,  admitted  to  do  an  insurance  business  in  this  State, 
shall  be  evidenced  by  a  license  to  be  issued  by  the  Department  of  Trade 


JOINT   RIGHTS    AND   OBLIGATIONS.  633 


and  Commerce,  in  which  shall  be  stated  the  kind  or  kinds  of  insurance 
business  authorized  to  be  transacted.  All  licenses  issued  by  virtue  of 
the  provisions  hereof  shall  terminate  on  the  thirtieth  day  of  June  next 
after  the  date  thereof,  and  may  be  ■  renewed  annually  thereafter  upon 
compliance  with  the  laws  of  this  State. 

§  16.  Nothing  in  this  Act  contained  shall  be  so  construed  as 
to  prevent  the  Department  of  Trade  and  Commerce  from  cancelling 
or  revoking  any  license  issued  to  any  corporation,  company  or  associa- 
tion for  any  cause  now  or  hereafter  provided  by  law,  and  in  case  the 
license  of  any  such  corporation,  company  or  association  is  revoked  by 
the  Department  of  Trade  and  Commerce  for  any  such  cause,  such  cor- 
poration, company  or  association  shall  not  be  entitled  to  a  return  of 
any  part  of  any  privilege  tax  theretofore  paid  by  it. 

§  17.  If  any  clause,  sentence,  paragraph,  or  riart  of  this  Act 
shall  be  adjudged  by  any  court  of  competent  jurisdiction  to  be  invalid 
or  unconstitutional,  such  judgment  shall  not  affect,  impair,  invalidate 
or  nullify  the  remainder  of  this  Act;  but  the  effect  thereof  shall  be 
confined  to  the  clause,  sentence,  paragraph,  or  part  thereof  immedi- 
ately involved  in  the  controversy  in  which  such  judgment  or  decree 
shall  be  rendered. 

§  18.  All  Acts  and  part  of  Acts  in  conflict  herewith  are  hereby 
repealed. 

Approved  June  28,  1919. 


JOINT  EIGHTS  AND  OBLIGATIONS. 


TENANCY.      • 

§    1.     Joint  tenancy  defined.  §   4.     Trespass    or   trover. 

§   2.     Survivorship      rights      abolished —       §   5.     Repeals    section    5,    Act    of    1872, 
proviso    as   to    bank   account.  concerning  conveyances. 

§  3.     What   held   joint  and  several. 

(House  Bill  No.  107.     Approved  June  30,  1919.) 

An  Act  to  revise  the  law  in  relation  to  joint  rights  and  obligations. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  no  estate  in  joint  tenancy 
in  any  lands,  tenements  or  hereditaments  shall  be  held  or  claimed  under 
any  grant,  devise  or  conveyance  whatsoever  heretofore  or  hereafter  made, 
other  than  to  executors  and  trustees  unless  the  premises  therein  men- 
tioned shall  expressly  be  therebv  declared  to  pass  not  in  tenancy  in 
common  but  in  joint  tenancy;  and  every  such  estate  other  than  to 
executors  and  trustees  (unless  otherwise  expressly  declared  as  afore- 
said), shall  be  deemed  to  be  in  tenancy  in  common  and  that  all  con- 
veyances heretofore  made,  or  which  hereafter  may  be  made,  wherein 
the  premises  therein  mentioned  were  or  shall  be  expressly  declared  to 
pass  not  in  tenancy  in  common  but  in  joint  tenancy,  are  hereby  de- 
clared to  have  created  an  estate  in  joint  tenancy  with  the  accompanying 
right  of  survivorship  the  same  as  it  existed  prior  to  the  passage  of  an 
Act  entitled :  "An  Act  to  amend  section  1  of  an  Act  entitled :  "'An  Act 
to  revise  the  law  in  relation  to  joint  rights  and  obligations.'  approved 


634  JUSTICES   OF   THE   PEACE  AND   CONSTABLES. 


February  25,  1874,  in  force  July  1,  1874/'  approved  June  26,  1917, 
in  force  July  1,  1917. 

§  2.  Except  as  to  executors  and  trustees,  and  except  also  where 
by  will  or  other  instrument  in  writing  expressing  an  intention  to  create 
a  joint  tenancy  in  personal  property  with  the  right  of  survivorship,  the 
right  or  incident  of  survivorship  as  between  joint  tenants  or  owners 
of  personal  property  is  hereby  abolished,  and  all  such  joint  tenancies 
or  ownerships  shall,  to  all  intents  and  purposes,  be  deemed  tenancies 
in  common;  provided,  that  when  a  deposit  in  any  bank  or  trust  com- 
pany transacting  business  in  this  State  has  been  made  or  shall  here- 
after be  made  in  the  names  of  two  or  more  persons  payable  to  them 
when  the  account  is  opened  or  thereafter,  such  deposit  or  any  part 
thereof  or  any  interest  or  dividend  thereon  may  be  paid  to  any  one 
of  said  persons  whether  the  other  or  others  be  living  or  not,  and  when 
an  agreement  permitting  such  payment  is  signed  by  all  said  persons 
at  the  time  the  account  is  opened  or  thereafter  the  receipt  or  acquit- 
tance of  the  person  so  paid  shall  be  valid  and  sufficient  discharge  from 
all  parties  to  the  bank  for  any  payments  so  made. 

§  3.  Except  as  otherwise  provided  in  this  Act,  all  joint  obliga- 
tions and  covenants  shall  be  taken  and  held  to  be  joint  and  several 
obligations  and  covenants. 

§  4.  If  any  person  shall  assume  and  exercise  exclusive  owner- 
ship over,  or  take  away,  destroy,  lessen  in  value,  or  otherwise  injure 
or  abuse  any  property  held  in  joint  tenancy  or  tenancy  in  common, 
the  party  aggrieved  shall  have  his  action  of  trespass  or  trover  for  the 
injury  in  the  same  manner  as  he  would  have  if  such  joint  tenancy  or 
tenancy  in  common  did  not  exist. 

§  5.  Section  5  of  an  Act  entitled :  "An  Act  concerning  convey- 
ances," approved  March  29,  1872,  in  force  July  1,  1872,  as  amended, 
is  repealed. 

§  6.  An  Act  entitled:  "An  Act  to  revise  the  law  in  relation  to 
joint  rights  and  obligations/'  approved  February  25,  1874,  in  force 
July  1,  1874,  as  amended,  is  repealed. 

Approved  June  30,  1919. 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 


JUSTICES   OP   THE    PEACE   AND    CONSTABLES. 

§    1.     Amends   section   1,   Article   X,   Act  §   1.  Appeals — fee    to    be    paid 

of  1895.  within    twenty    days 

from  rendition  of  judg- 
ment— form  of  bond. 

(Senate  Bill  No.   166.     Approved  June  12,   1919.) 

An  Act  to  amend  section  1  of  Article  X  of  an  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  justices  of  the  peace  and  constables" , 
■  approved  June  26,  1895,  in  force  July  1,  1895,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  1  of  Article  X  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to'  justices  of  thfi 


JUSTICES    OF   THE    PEACE    AND    CONSTABLES.  635 


peace  and  constables",  approved  June  26,  1895,  in  force  July  1,  1895,  as 
amended,  is  amended  to  read  as  follows : 

Article  X. 

§  1.  Appeals  from  judgments  of  justices  of  the  peace  and  police 
magistrates  to  the  Circuit  or  County  Court,  and  in  the  City  Court  in 
cities  in  which  there  is  a  City  Court,  shall  be  granted  in  all  cases  except 
on  judgments  confessed,  and  in  the  county  of  Cook  appeals  may  also  be 
granted  to  the  Superior  Court  of  said  county.  The  party  praying  for  an 
appeal  shall,  within  twenty  days  from  the  rendition  of  the  judgment, 
pay  the  fee  provided  by  law  for  the  filing  of  such  appeal,  and  enter  into 
bond  with  security  to  be  approved  and  conditioned  as  hereinafter  pro- 
vided, in  substance  as  follows: 

Know  all  Men  by  these  Presents,  That  we,  A  B  and  C  D,  are  held 
and  firmly  bound  unto  E  F  in  the  penal  sum  of  (here  insert  double  the 
amount  of  judgment  and  costs),  lawful  money  of  the  United  States,  for 
the  payment  of  which  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs  and  administrators  jointly,  severally  and  firmly  by  these  presents. 

Witness  our  hand  and  seal,  this day  of , 

19 

The  condition  of  the  above  obligation  is  such  that  whereas  the  said 

E.  F.  did,  on  the day  of A  D,  19 ,  before 

a  justice  of  the  peace  (or  police  magistrate)  for 

county,  (city  or  village),  recover  a  judgment  against  the 

above  bounden  A  B  for  the  sum  of dollars  (or  for  costs, 

as  the  case  may  be),  from  which  judgment  the  said  A  B 

has  taken  an  appeal  to  the Court  in  the  county  of 

Now,  if  the  said  A  B  shall  prosecute  his  appeal  with  effect,  and  pay 
whatever  judgment  shall  be  rendered  against  him  by  said  court  upon 
the  trial  of  said  appeal,  or  by  consent,  or  in  case  the  appeal  is  dismissed, 
or  in  case  the  matter  in  controversy  is  settled  between  the  parties  to 
the  action  without  a  trial  by  the.  court  appealed  to,  will  pay  the  judg- 
ment rendered  against  him  by  the  said  justice  (or  police  magistrate)  and 
all  costs  occasioned  by  said  appeal  (or  if  the  judgment  appealed  from  is 
in  favor  of  the  appellant,  omit  the  words,  judgment  rendered  against 
him  by  said,  justice  or  police  magistrate)- — then  the  above  obligation  to 
be  void;  otherwise  to  remain  in  full  force  and  effect. 

A.  B.     (seal) 
C.  D.     (seal) 

Approved  by  me,  this day  of ,  A.  D.  19.  .  .  . 

The  bond  shall  be  approved  by  and  filed  with  either  the  justice  of 
the  peace  rendering  said  judgment  or  the  clerk  of  the  court  to  which 
the  appeal  is  taken.  When  the  bond  is  filed  with  the  justice  and  pay- 
ment of  the  fee  for  the  appeal  made  to  him,  he  shall  suspend  all  pro- 
ceedings in  the  case,  and  if  execution  shall  have  been  issued  he  shall 
recall  the  same  and  shall,  within  twenty  days  after  receiving  the  appeal 
fee  and  receiving  and  approving  the  bond,  file  the  bond  in  the  office  of 
"the  clerk  of  the  court  to  which  the  appeal  is  taken,  and  pay  to  him  the 
fee  for  the  appeal.     If  the  bond  is  filed  with  the  clerk  of  the  court  to 


636  LAND   TITLES. 


which  the  appeal  is  taken,  it  shall  be  approved  by  him,  and  upon  the 
approval  of  the  bond,  the  clerk  shall  issue  a  supersedeas  enjoining  the 
justice  and  constable  from  proceeding  any  further  in  said  suit,  and  sus- 
pending all  proceedings  in  relation  thereto,  and  he  shall  issue  a  summons 
to  the  appellee  to  appear  at  the  term  of  the  court  to  which  the  appeal 
is  returnable,  which  summons  and  supersedeas  shall  be  served  and  re- 
turned as  summons  in  other  cases.  As  soon  as  the  supersedeas,  issued  as 
aforesaid,  shall  be  served  on  the  justice  who  gave  the  judgment  and  the 
constable  in  whose  hands  an  execution  or  other  process  may  be  in  rela- 
tion thereto,  they  shall  suspend  all  further  proceedings  thereon.  The 
justice  shall,  within  twenty  days  after  the  filing  of  the  bond  with  him 
and  the  payment  of  the  appeal  fee,  or  the  service  upon  him  of  the  super- 
sedeas, deliver  to  the  clerk  of  the  court  to  which  the  appeal  is  taken,  all 
the  papers  in  the  case  and  a  transcript  of  his  docket  in  the  case  with  a 
certificate  under  his  hand  that  said  transcript  and  papers  contain  a  full 
and  perfect  statement  of  all  the  proceedings  before  him. 
Approved  June  12,  1919. 


LAND  TITLES. 


CONVEYANCES — PROCEEDINGS  IN  CHANCERY. 

§   1.     Amends  section  96,  Act  of  1897.  §   96.     Award    of    damages    and 

costs  —  payable  out  of 
indemnity  fund. 

(House  Bill  No.    59.     Approved  June    28,    1919.) 

An  Act  to  amend  section  96  of  an  Act  entitled,  "An  Act  concerning 
land  titles/'  approved  and  in  force  May  1,  1S97. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  96  of  an  Act  en- 
titled, "An  Act  concerning  land  titles,"  approved  and  in  force  May  1, 
1897,  be  and  the  same  is  hereby  amended  so  as  to  read  as  follows: 

§  96.  The  court  may  in  any  case  contemplated  in  sections  93  and 
94  in  addition  to  the  costs,  award  such  damages  as  it  shall  deem  just 
in  the  premises.  The  damages  and  costs  so  awarded  shall  be  payable  out 
of  the  indemnity  fund  created  by  sections  99  and  100  of  this  Act  in  the 
manner  provided  by  section  102  of  this  Act. 

Approved  June  28,  1919. 


CONVEYANCES — REGISTRATION    OF   TITLES. 

§   1.     Amends   sections   5   and   6,   Act  of  §   6.     Liability  of  registrar  for 

1897.  acts  of  deputy. 

§  5.  Examiners  —  appoint- 
ment —  compensation 
■ — oath — bond  —  chief 
examiner — duties. 

(House  Bill  No.   60.      Approved   June    28,    1919.) 

An  Act  to  amend  sections  5  and  6  of  an  Act  entitled,  "An  Act  concern- 
ing land  titles,"  approved  and  in  force  May  1,  1897. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois,  ■ 
represented  in  the  General  Assembly:     That  sections  5  and  6  of  an  Act 


LAND    TITLES.  637 


entitled,  "An  Act  concerning  land  titles,"  approved  and  in  force  May  1, 
1897,  be  and  the  same  are  hereby  amended  so  as  to  read  as  follows: 

§  5.  The  Registrar  may  appoint  in  his  county  two  or  more  com- 
petent attorneys  to  be  examiners  of  titles  and  legal  advisers  of  the 
registrar.  Their  compensation  shall  be  fixed  in  the  same  manner  as  that 
of  deputy  registrars. 

Every  examiner  of  titles  shall,  before  entering  upon  the  duties  of 
his  office,  take  and  subscribe  the  oath  prescribed  by  the  Constitution, 
and  shall  also  give  a  bond  in  such  amount  with  such  security  as  shall  be 
approved  by  the  judge  of  the  County  Court  payable  in  like  manner  and 
with  like  conditions  as  required  of  the  registrar.  A  copy  of  the  bond 
shall  be  entered  upon  the  records  of  said  court  and  the  original  shall  be 
deposited  with  the  registrar. 

The  registrar  shall  designate  one  of  the  examiners  of  title  so  ap- 
pointed as  chief  examiner  of  titles.  Said  chief  examiner  of  titles  shall 
have  general  charge  and  supervision  of  the  work  of  all  examiners  of 
title  in  the  county  for  which  he  is  appointed,  and  it  shall  be  his  duty  to 
secure,  insofar  as  possible,  uniformity  in  the  work  of  all  examiners  of 
title  in  said  county. 

§  6.  The  registrar  shall  be  liable  for  any  neglect  or  omission  of 
the  duties  of  his  office,  when  occasioned  by  a  deputy,  in  the  same  manner 
as  for  his  own  personal  neglect  or  omission. 

Appkoved  June  28,  1919. 


MORTGAGES,  LEASES  AND  OTHER  CHARGES. 

§   1.     Amends  section  60,  Act  of  1897.  §   60.     Piling  instrument  to  cre- 

ate charge  —  proceed- 
ings— mortgagee's  du- 
plicate certificate — fee 
— procedure. 

(House  Bill  No.  77.     Approved  June  28,  1919.) 

An  Act  to  amend  section  60  of  an  Act  entitled,  "An  Act  concerning 
land  titles,"  approved  and  in  force  May  1,  1897. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  60  of  an  Act  en- 
titled, "An  Act  concerning  land  titles,"  approved  and  in  force  May  1, 
1897,  be  and  the  same  is  hereby  amended  so  as  to  read  as  follows : 

§  60.  On  the  filing  of  the  instrument  intended  to  create  the  charge 
in  the  registrar's  office,  and  the  production  of  the  duplicate  certificate  of 
title,  and  it  appearing  to  the  registrar  that  the  person  intending  to 
create  the  charge  has  the  title  and  right  to  create  such  charge,  and  that 
the  person  in  whose  favor  the  same  is  sought  to  be  created  is  entitled 
by  the  terms  of  this  Act  to  have  the  same  registered,  he  shall  enter  upon 
the  proper  folium  of  the  register,  and  also  upon  the  owner's  certificate,  a 
memorial  of  the  purport  thereof,  and  the  date  of  filing  the  instrument 
with  a  reference  thereto  by  its  file  number,  which  memorial  shall  be 
signed  by  the  registrar.  The  registrar  shall  also  note  upon  the  instru- 
ment on  file  the  volume  and  folium  of  the  register  where  the  memorial 
is  entered.  It  shall  not  be  essential  to  the  lien  of  a  mortgage  or  trust 
deed  in  the  nature  of  a  mortgage,  that  the  owner's  duplicate  certificate 


638  LAND    TITLES. 


of  title  be  delivered  to  and  retained  by  the  mortgagee  or  trustee  named 
in  such  mortgage  or  trust  deed,  or  be  delivered  to  or  retained  by  the 
owner  of  the  note  or  notes  secured  by  such  mortgage  or  trust  deed;  but 
the  registrar  of  titles  on  the  filing  of  such  mortgage  or  trust  deed  and 
the  entry  of  a  memorial  of  the  same  on  the  register  of  titles,  shall  issue 
to  the  mortgagee  or  trustee  therein  named,  or  to  the  owner  of  the  note 
or  notes  secured  thereby,  a  certificate  to  be  known  as  mortgagee's  dupli- 
cate certificate,  which  mortgagee's  duplicate  certificate  shall  bear  in  large 
plain  letters  the  words  "Mortgagee's  Duplicate  Certificate."  Said  mort- 
gagee's duplicate  certificate  of  title  shall  be  printed  on  a  paper  differing 
in  color  than  that  of  the  owner's  duplicate  certificate  of  title.  The 
registrar  of  titles  shall  be  entitled  to  receive  as  a  fee  or  charge  for  issuing 
a  mortgagee's  duplicate  certificate  of  title,  the  sum  of  $1.00.  Upon  the 
issuance  of  said  mortgagee's  duplicate  certificate  of  title,  the  registrar 
of  titles  shall  enter  as  a  memorial  on  the  proper  folium  of  the  register 
of  titles  the  fact  of  the  issuance  of  said  mortgagee's  duplicate  certificate 
of  title.  Upon  the  release  of  the  mortgage  or  trust  deed  for  which  said 
mortgagee's  duplicate  certificate  of  title  was  issued,  said  mortgagee's 
duplicate  certificate  of  title  shall  be  surrendered  to  the  registrar,  or 
proof  made  that  said  mortgagee's  duplicate  certificate  of  title  has  been 
lost  or  destroyed.  The  fee  for  the  filing  of  all  instruments  required  for 
the  making  of  proof  that  a  mortgagee's  duplicate  certificate  of  title  has 
been  lost  or  destroyed  shall  be  $1.00. 

In  case  of  the  transfer  of  the  land,  or  of  any  estate  or  interest 
therein,  or  in  case  of  any  other  action  of  the  registrar  of  titles  affecting 
the  ownership  of  the  same,  or  title  thereto,  and  requiring  a  new  certifi- 
cate of  title  to  be  issued,  it  shall  not  be  necessary  to  take  up  and  cancel 
such  outstanding  mortgagee's  duplicate  certificate  of  title,  and  the  fact 
of  the  issuance  of  said  mortgagee's  duplicate  certificate  of  title  shall  be 
carried  forward  on  said  new  certificate  of  title  as  a  memorial ;  but  in  any 
such  case  such  mortgagee,  trustee  or  owner  of  notes,  holding  a  mort- 
gagee's duplicate  certificate,  may  surrender  the  same  and  receive  in 
place  thereof  a  mortgagee's  duplicate  of  the  new  certificate  of  title 
made  on  such  transfer  or  change  of  title,  without  the  payment  of  any 
fee  or  charge  to  the  registrar  of  titles.  And  thereupon  the  fact  of  the 
issuance  of  said  new  mortgagee's  duplicate  certificate  of  title  shall  be 
entered  by  the  registrar  of  titles  upon  the  proper- folium  of  the  register, 
and  also  upon  the  owner's  duplicate  certificate  of  title.  If  on  such 
transfer  or  change  of  title  the  mortgagee,  trustee  or  owner  of  notes  is 
unable  to  produce  the  outstanding  mortgagee's  duplicate  certificate  of 
title,  by  reason  of  its  loss  or  destruction,  he  shall  make  proof  of  such 
loss  or  destruction  to  the  registrar  of  titles  and  the  registrar  of  titles 
upon  receiving  proper  proof  of  such  loss  or  destruction  may  issue  a 
mortgagee's  duplicate  of  the  new  certificate  of  title.  The  registrar  of 
titles  shall  be  entitled  to  receive  as  a  fee  or  charge  for  filing  all  instru- 
ments by  which  proof  of  the  loss  or  destruction  of  said  mortgagee's 
duplicate  certificate  of  title  is  made  the  sum  of  $1.00. 

Whenever  any  person  or  corporation,  by  reason  of  the  foreclosure  of 
any  mortgage  or  trust  deed  upon  registered  land  and  of  such  subse- 


Libraries.  639 


quent  proceedings  as  are  now  or  may  hereafter  be  required  by  law,  shall 
become  entitled  to  an  owner's  certificate  of  title  to  such  registered  land, 
it  shall  not  be  essential  that  the  original  owner's  duplicate  certificate  of 
title  on  which  such  mortgage  or  trust  deed  was  noted  as  a  lien  be  de- 
livered to,  and  retained  by,  the  registrar  of  titles,  but  the  mortgagee's 
duplicate  certificate  of  title  may  be  delivered  to,  received  and  retained 
by  the  registrar  of  titles  with  the  same  force  and  effect  as  if  the  original 
owner's  duplicate  certificate  of  title  had  been  delivered  to,  received  and 
retained  by  him. 

Approved  June  28,  1919. 


LIBRARIES. 


CITY  AND  TOWNSHIP. 

§    1.     Amends   sections   5   and   7,   Act   of  §   7.     Reports — how  made  and 

1872.  where   filed. 

§  5.  Organization  of  direc- 
tors— depost  of  money 
— appointment  of  li- 
brarian. 

(Senate  Bill  No.  30.     Approved  May  10,  1919.) 

An  Act  to-  amend  sections  5  and  7  of  an  Act  entitled,  "An  Act  to 
authorize  cities,  incorporated  towns  and  townships,  to  establish  and 
maintain  free  public  libraries  and  reading  rooms,"  approved  and  in 
force  March  7,  1872,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  5  and  7  of  an  Act  en- 
titled, "An  Act  to  authorize  cities,  incorporated  towns  and  townships, 
to  establish  and  maintain  free  public  libraries  and  reading  rooms,"  ap- 
proved and  in  force  March  7,  1872,  as  amended,  are  amended  to  read 
as  follows: 

§  5.  Said  directors,  shall,  immediately  after  appointment,  meet 
and  organize  by  the  election  of  one  of  their  number  president,  and  by 
the  election  of  such  other  officers  as  they  may  deem  necessary.  They 
shall  make  and  adopt  such  by-laws,  rules  and  regulations  for  their  own 
guidance  and  for  the  government  of  the  library  and  reading  room  as 
may  be  expedient,  not  inconsistent  with  this  Act.  They  shall  have 
the  exclusive  control  of  the  expenditure  of  all  moneys  collected  to  the 
credit  of  the  library  fund,  and  of  the  construction  of  any  library  build- 
ing, and  of  the  supervision,  care  and  custody  of  the  grounds,  rooms 
or  buildings  constructed,  leased  or  set  apart  for  that  purpose.  All 
moneys  received  for  such  library  shall  be  deposited  in  the  treasury  of 
said  city  to  the  credit  of  the  library  fund,  and  shall  be  kept  separate 
and  apart  from  other  moneys  of  such  city,  and  drawn  upon  by  the 
proper  officers  of  said  library,  upon  the  properly  authenticated  vouch- 
ers of  the  library  board.  Said  board  shall  have  power  to  purchase  or 
lease  grounds,  to  occupy,  lease  or  erect  an  appropriate  building  or 
buildings  for  the  use  of  said  library,  shall  have  power  to  appoint  a 
suitable  librarian  and  necessary  assistants,  and  fix  their  compensation, 
and  shall  also  have  power  to  remove  such  appointees,  and  shall,  in  gen- 


640  LIENS. 


eral,  carry  out  the  spirit  and  intent  of  this  Act,  in  establishing  and 
maintaining  a  public  library  and  reading  room. 

§  7.  Within  fifteen  days  after  the  expiration  of  each  fiscal  year 
of  the  city,  incorporated  town,  township  or  village,  the  board  of  direc- 
tors shall  make  a  report  of  the  condition  of  their  trust  on  the  last 
day  of  the  fiscal  year,  to  the  city  council,  board  of  town  auditors  or 
board  of  trustees,  as  the  case  may  be.  This  report  shall  be  made  in 
writing  and  shall  be  verified  under  oath  by  the  secretary,  or  some  other 
responsible  officer  of  the  board  of  directors.  It  shall  contain  (a)  an 
itemized  statement  of  the  various  sums  of  money  received  from  the 
library  fund  and  from  other  sources;  (b)  an  itemized  statement  of  the 
objects  and  purposes  for  which  those  sums  of  money  have  been  expended; 
(c)  a  statement  of  the  number  of  books  and  periodicals  available  for 
use,  and  the  number  and  character  thereof  circulated;  (d)  a  statement 
of  the  real  and  personal  property  acquired  by  devise,  bequest,  purchase, 
gift  or  otherwise;  (e)  a  statement  of  the  character  of  any  extensions 
of  library  service  which  have  been  undertaken;"  (f)  a  statement  of  the 
financial  requirements  of  the  library  for  the  ensuing  fiscal  year,  and 
of  the  rate  of  tax  which,  in  the  judgment  of  the  board  of  directors, 
it  will  be  necessary  to  levy  for  library  purposes  in  the  next  annual  tax 
levy  ordinance;  and  (g)  any  other  statistics,  information  and  sugges- 
tions that  may  be  of  interest.  A  report  shall  also  be  filed,  at  the  same 
time,  with  the  Illinois  Library  Extension  Commission. 

Approved  May  10,  1919! 


LIENS. 


MECHANICS. 


§     1.     Amends  section  1,  Act  of  1903  as  §    1.     When   lien   given, 

subsequently    amended. 

(House  Bill  No.    105.     Approved   June   28,    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  mechanics'  liens,  to  whom,  what  for,  and  when 
lien  is  given;  who  is  a  contractor ;  area  covered  by  and  extent  of  lien; 
when  the  lien  attaches,"  approved  May  18,  1903,  in  force  July  1, 
1903,  as  amended  by  an  Act  approved  June  16,  1913,  in  force  July 
1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  en- 
titled, "An  Act  to  revise  the  law  in  relation  to  mechanics*  liens,  to 
whom,  what  for,  and  when  lien  is  given;  who  is  a  contractor;  area  cov- 
ered by  and  extent  of  lien;  when  the  lien  attaches,"  approved  May  18, 
1903,  in  force  July  1,  1903,  as  amended  by  an  Act  approved  June  16, 
1913,  in  force  July  1,  1913,  be  and  the  same  is  hereby  amended  to 
read  as  follows : 

§  1.  When  lien  given.]  That  any  person  who  shall  by  any 
contract  or  contracts,  express  or  implied,  or  partly  expressed  or  implied, 
with  the  owner  of  a  lot  or  tract  of  land,  or  with  one  whom  such  owner 
has  authorized  or  knowingly  permitted  to  contract  for  the  improvement 


LIENS.  G41 


of,  or  to  improve  the  same,  furnish  material,  fixtures,  apparatus  or 
machinery,  forms  or  form  work  used  in  the  process  of  construction 
where  cement,  concrete  or  like  material  is  used  for  the  purpose  of  or 
in  the  building,  altering,  repairing  or  ornamenting  any  house  or  other 
building,  walk  or  sidewalk,  whether  such  walk  or  sidewalk  be  on  the 
land  or  'bordering  thereon,  driveway,  fence  or  improvement  or  appur- 
tenances thereto  on  such  lot  or  tract  of  land  or  connected  therewith, 
and  upon,  over  or  under  a  sidewalk,  street  or  alley  adjoining;  or  fill, 
sod  or  excavate  such  lot  or  tract  of  land,  or  do  landscape  work  thereon 
or  therefor;  or  raise  or  lower  any  house  thereon  or  remove  any  house 
thereto;  or  perform  services  as  an  architect  or  as  a  structural  engineer 
for  any  such  purpose;  or  furnish  or  perform  labor  or  services  as  super- 
intendent, timekeeper,  mechanic,  laborer  or  otherwise,  in  the  building, 
altering,  repairing  or  ornamenting  of  the  same;  or  furnish  material, 
fixtures,  apparatus,  machinery,  labor  or  services,  forms  or  form  work 
used  in  the  process  of  construction  where  concrete,  cement  or  like 
material  is  used,  on  the  order  of  his  agent,  architect,  structural  engi- 
neer or  superintendent  having  charge  of  the  improvements,  building, 
altering,  repairing  or  ornamenting  the  same,  shall  be  known  under 
this  Act  as  a  contractor,  and  shall  have  a  lien  upon  the  whole  of  such 
lot  or  tract  of  land  and  upon  the  adjoining  or  adjacent  lots  or  tracts 
of  land  of  such  owner  constituting  the  same  premises  and  occupied  or 
used  in  connection  with  such  lot  or  tract  of  land  as  a  place  of  residence 
or  business;  and  in  case  the  contract  relates  to  two  or  more  buildings, 
on  two  or  more  lots  or  tracts  of  land,  upon  all  such  lots  and  tracts  of 
land  and  improvements  thereon  for  the  amount  due  to  him  for  such 
material,  fixtures,  apparatus,  machinery,  services  or  labor,  and  interest 
from  the  date  the  same  is  due.  This  lien  shall  extend  to  an  estate  in 
fee,  for  life,  for  years,  or  any  other  estate  or  any  right  of  redemption, 
or  other  interest  which  such  owner  may  have  in  the  lot  or  tract  of 
land  at  the  time  of  making  such  contract  or  may  subsequently  acquire 
therein,  and  shall  be  superior  to  any  right  of  dower  of  husband  or  wife 
in  said  premises,  provided  the  owner  of  such  dower  interest  had  knowl- 
edge of  such  improvement  and  did  not  give  written  notice  of  his  or 
her  objection  to  such  improvement  before  the  making  thereof;  nor 
shall  the  taking  of  additional  security  by  the  contractor  or  sub-con- 
tractor be  a  waiver  of  any  right  of  lien  which  he  may  have  by  virtue 
of  this  Act,  unless  made  a  waiver  by  express  agreement  of  the  parties; 
and  this  lien  shall  attach  as  the  date  of  the  contract. 
Approved  June  28,  1919. 


—  41    L 


042  LIENS. 


MECHANICS' — LIEN  AGAINST  FUND  DUE,   ETC. 

§   1.     Amends    section    23,    Act   of    1903,  §   23.     Lien   against  fund   due 

as   subsequently   amended.  or     to     become     due 

contractors  for  pub- 
lic improvement  — 
notice — statement  of 
claim  —  proceedings 
for  accounting  — 
duty  and  liability  of 
official. 

(House  Bill  No.  681.      Approved  June   28,    1919.) 

An  Act  to  amend  section  23  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  mechanics'  liens,  to  whom,  what  for,  and  when 
lien  is  given;  who  is  a  contractor ;  area,  covered  by  and  extent  of 
lien;  when  the  lien  attached/'  [attaches]  approved. May  IS,  1903,  in 
force  July  1,  1903,  as  amended  by  an  Act  approved  June  16,  1913,  in 
force  July  1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  23  of  an  Act  en- 
titled, "An  Act  to  revise  the  law  in  relation  to  mechanics'  liens,  to 
whom,  what  for,  and  when  lien  is  given;  who  is  a  contractor;  area 
covered  by  and  extent  of  lien;  when  the  lien  attaches,"  approved  May 
18,  1903,  in  force  July  1,  1903,  as  amended  by  an  Act  approved  June 
16,  1913,  in  force  July  1,  1913,  be  and  the  same  is  hereby  amended  to 
read  as  follows : 

§  23.  Any  person  who  shall  furnish  material,  apparatus,  fixtures, 
machinery  or  labor  to  any  contractor  having  a  contract  for  public  im- 
provement for  any  county,  township,  school  district,  city  or  municipality 
in  this  State,  shall  have  a  lien  on  the  money,  bonds  or  warrants  due 
or  to  become  due  such  contractor  under  such  contract :  Provided  such 
person  shall,  before  payment  or  delivery  thereof  is  made  to  such 
contractor,  notify  the  official  or  officials  of  the  county,  township,  school 
district,  city  or  municipality  whose  duty  it  is  to  pay  such  contractor 
of  his  claim  by  a  written  notice;  and,  provided  further,  that  such  lieu 
shall  attach  only  to  that  portion  of  such  money,  bonds  or  warrants 
against  which  no  voucher  or  other  evidence  of  indebtedness  has  been 
issued  and  delivered  to  the  contractor  by  or  on  behalf  of  the  county, 
township,  school  district,  city  or  municipality  as  the  case  may  be  at 
the  time  of  such  notice.  It  shall  be  the  duty  of  any  such  official  so 
notified  to  withhold  a  sufficient  amount  to  pay  such  claim  until  the 
same  is  admitted  by  the  contractor,  or  adjusted  by  the  agreement  of  the 
parties,  or  there  has  been  an  adjudication  of  the  same  in  a  court  of 
competent  jurisdiction,  and  thereupon  to  pay  the  amount  so  determined 
to  be  due  such  claimant,  if  any,  and  to  that  end  the  said  county,  town- 
ship, school  district,  city  or  municipality  or  any  of  the  other  parties 
interested  may  institute  suit  in  the  same  manner  as  is  provided  herein 
in  case  of  privately  owned  real  estate  to  determine  the  rights  of  the 
parties  when  such  claim  is  filed. 

Any  person  who  shall  furnish  material,  apparatus,  fixtures,  ma- 
chinery or  labor  to  any  contractor  having  a  contract  for  public  im- 
provement for  the  State,  may  have  a  lien  on  the  money,  bonds  or  war- 
rants due  or  about  to  become  due  such  contractor  under  the  contract, 
by  filing  with  the  official  whose   duty  it  is  to  pay  such  contractor  a 


LOCAL    IMPROVEMENTS.  643 


sworn  statement  of  the  claim  showing  with  particularity  the  several 
items  and  the  amount  claimed  to  be  due  on  each;  but  the  lien  shall 
attach  to  only  that  portion  of  the  money,  bonds  or  warrants  against 
which  no  voucher  or  other  evidence  of  indebtedness  has  been  issued 
and  delivered  to  the  contractor  by  or  on  behalf  of  the  State. 

The  person  so  claiming  a  lien  shall,  within  thirty  (30)  days  after 
filing  notice  with  the  State  official,  commence  proceedings  by  bill  in 
equity  for  an  accounting,  making  the  contractor  to  whom  such  material, 
apparatus,  fixtures,  machinery  or  labor  was  furnished,  party  defendant, 
and  shall,  within  the  same  period  notify  the  official  of  the  State  of 
the  commencement  of  such  suit  by  delivering  to  him  a  certified  copy 
of  the  bill  filed;  provided,  that  suit  shall  be  commenced  and  a  copy 
of  the  bill  served  upon  the  State  official  not  less  than  fifteen  (15) 
days  before  the  date  when  the  appropriation  from  which  such  money 
is  to  be  paid,  will  lapse.  It  shall  be  the  duty  of  the  State  official  after 
the  sworn  statement  has  been  filed  with  him,  to  withhold  payment  of 
a  sum  sufficient  to  pay  the  amount  of  such  claim,  for  the  period  limited 
for  the  filing  of  suit,  unless  otherwise  notified  by  the  person  claiming 
the  lien. 

Upon  the  expiration  of  this  period  the  money,  bonds  or  warrants 
so  withheld  shall  be  released  for  payment  to  the  contractor  unless  the 
person  claiming  the  lien  shall  have  instituted  proceedings  and  served 
the  official  of  the  State  with  the  certified  copy  of  the  bill  as  herein  pro- 
vided, in  which  case,  the  amount  claimed  shall  be  withheld  until  the 
final  adjudication  of  the  suit  is  had :  Provided,  the  State  official  may 
pay  over  to  the  clerk  of  the  court  in  which  such  suit  is  pending,  a  sum 
sufficient  to  pay  the  amount  claimed  to  abide  the  result  of  such  suit 
and  be  distributed  by  the  clerk  according  to  the  decree  rendered. 

Any  payment  so  made  to  such  claimant  or  to  the  clerk  of  the 
court  shall  be  a  credit  on  the  contract  price  to  be  paid  to  such  con- 
tractor. Any  officer  violating  the  duty  hereby  imposed  upon  him  shall 
be  liable  on  his  official  bond  to  the  claimant  serving  such  notice  for 
the  damages  resulting  from  such  violation,  which  may  be  recovered  in 
an  action  at  law  in  any  court  of  competent  jurisdiction.  There  shall 
be  no  preference  between  the  persons  serving  such  notice,  but  all  shall 
be  paid  pro  rata  in  proportion  to  the  amount  due  under  their  respec- 
tive contracts." 

Approved  June  28.  1919. 


LOCAL  IMPBOVEMENTS. 


PUBLICATION   OF  ORDINANCE. 

§   1.     Amends  section  11,  Act  of  1897.  §   11.     Publication  of  ordinance. 

(Senate  Bill  No.  138.     Approved  Mat  10,  1919.) 

An  Act  to  amend  section  11  of  an  Act  entitled,  "An  Act  concerning 
local  improvements,"  approved  June  lit,  1891 ,  ih  force  July  1, 1891. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  section  11  of  an  Act  en- 
titled,  "An   Act  concerning  local   improvements/'   approved   June   14, 


644  LOCAL   IMPEOVEMENTS. 


1897,  in  force  July  1,  1897,  be  and  the  same  is  hereby  amended  so  as  to. 
read  as  follows: 

§  11.  Publication  op  ordinance]  Upon  the  presentation  to 
the  common  council  or  board  of  trustees  of  such  proposed  ordinance, 
together  with  such  recommendation  and  estimate,  if  the  said  estimate  of 
cost  shall  exceed  the  sum  of  one  hundred  thousand  dollars  ($100,000.00), 
(exclusive  of  the  amount  to  be  paid  for  land  to  be  taken  or  damaged), 
such  ordinance  shall  be  referred  to  the  proper  committee  and  published 
in  the  proceedings  of  the  council  or  board  of  trustees,  in  the  usual  way, 
in  full,  with  the  recommendation  and  estimates,  at  least  one  week  before 
any  action  shall  be  taken  thereon  by  the  council  or  board  of  trustees. 

Provided,  however,  that  in  any  city,  village  or  incorporated  town 
which  does  not  regularly  publish  the  proceedings  of  its  council  or  board 
of  trustees,  such  ordinance  after  having  been  referred  to  the  proper 
committee  shall,  together  with  the  recommendation  and  estimates,  be 
published  in  full  in  some  daily  newspaper  of  said  city,  village  or  town, 
or  if  no  daily  newspaper  is  published  in  such  city,  village  or  town,  and 
a  weekly  paper  is  published  therein,  then  in  some  weekly  newspaper ;  or 
if  no  daily  or  weekly  newspaper  is  published  in  such  city,  village  or 
town,  then  in  some  other  newspaper  published  in  the  county  in  which 
such  city,  village  or  town  is  situated  to  be  designated  by  said  council 
or  board  of  trustees.  Such  publication  shall  be  at  least  one  week  before 
any  action  shall  be  taken  on  such  ordinance  by  the  council  or  board  of 
trustees. 

Approved  May  10,  1919. 


SUPPLEMENTAL  assessments. 

§    1.     Amends  section  59,  Act  of  1897.  §   59.     Supplemental      assess- 

ments— rebates. 

(Senate   Bill   No.    234.     Approved  June   21,    1919.) 

An  Act  to  amend  section  59  of  an  Act  entitled,  "An  Act  concerning 
local  improvements/'  approved  June  Ik,  1897,  and  in  force  July  1, 
1897,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  59  of  an  Act  en- 
titled, "An  Act  concerning  local  improvements,"  approved  June  14, 
1897,  in  force  July  1,  1897,  as  subsequently  amended,  be  and  the  same  is 
hereby  amended,  said  section  as  amended  to  read  as  follows : 

§  59.  Supplemental  assessments — "rebates.]  At  any  time 
after  bids  have  been  received  pursuant  to  the  provisions  of  this  Act,  if  it 
shall  appear  to  the  satisfaction  of  the  board  of  local  improvements  that 
the  first  assessment  is  insufficient  to  pay  the  contract  price  or  the  bonds 
or  vouchers  issued  or  to  be  issued  in  payment  of  such  contract  price,  to- 
gether with  the  amount  required  to  pay  the  accruing  interest  thereon, 
said  board  shall  make, and  file  an  estimate  of  the  amount  of  such  de- 
ficiency and  thereupon  a  second  or  supplemental  assessment  for  such 
estimated  deficiency  of  the  cost  of  the  work  and  interest  may  be  made 
In  the  same  manner  as  nearly  as  may  be  as  in  the  first  assessment,  and 
so  on  until  sufficient  money  shall  have  been  realized  to  pay  for  such 


MEDICINE   AND    SURGERY.  645 


improvement  and  such  interest.  It  shall  be  no  objection  to  such  assess- 
ment that  the  prior  assessment  has  been  levied,  adjudicated  and  col- 
lected unless  it  shall  appear  that  in  such  prior  cause  upon  proper  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.  If -too  large  a  sum  shall  at 
any  time  be  raised,  the  excess  shall  be  refunded  ratably  to  those  against 
whom  the  assessment  was  made:  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  judgment  of  con- 
firmation is  rendered,  and  begin  new  proceedings  for  the  same  or  a 
different  improvement  as  provided  in  section  56  of  this  Act  as  amended. 

Provided,  further,  that  if  said  estimated  deficiency  shall  exceed  ten 
per  centum  of  the  original  estimate,  then  no  contract  shall  be  awarded 
until  a  public  hearing  shall  be  had  on  said  supplemental  proceeding  in 
like  manner  as  in  the  original  proceedings :  And,  provided,  further, 
that  no  more  than  one  (1)  supplemental  assessment  shall  be  levied  to 
meet  any  deficiency  where  said  deficiency  is  caused  by  the  original  esti- 
mate made  by  the  engineer,  being  insufficient.  And,  provided,  further, 
that  if  any  local  improvement  has  heretofore  been  constructed  or  is  now 
in  process  of  construction  or  contracts  have  been  entered  into  for  its 
construction,  under  the  direction  of  the  board  of  local  improvements 
pursuant  to  an  ordinance  providing  that  such  improvement  should  be 
constructed  and  paid  for  by  special  assessment,  it  shall  be  no  objection 
to  any  supplemental  assessment  proceeding  now  pending  or  hereafter 
instituted  with  respect  to  any  such  improvement  that  a  public  hearing 
on  said  supplemental  proceeding  was  not  had  before  the  execution  of 
the  contract  for  the  construction  of  such  improvement. 

Approved  June  21,  1919. 


MEDICINE  AND  SURGERY. 


COLLEGE    OP    VETERINARY    MEDICINE    AND    SURGERY    AT    UNIVERSITY 

OP  ILLINOIS. 

§   1.     Who   to  establish.  §   3.     Plan  to   be   submitted. 

§   2.     Course   of  instruction. 

(Senate  Bill  No.   181.     Approved  June   16,    1919.) 

An  Act  to  provide  for  a  veterinary  college  at  the  University  of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  trustees  of  the  University 
of  Illinois  are  authorized  and  directed  to  establish  as  a  department  of 
the  University,  a  college  of  veterinary  medicine  and  surgery. 

§  2.  The  veterinary  college  shall  offer  and  give  such  courses  of 
instruction  as  will,  in  the  opinion  of  the  trustees,  best  serve  to  educate 
and  equip  candidates  for  the  practice  of  veterinary  medicine  and  surgery. 

§  3.  In  pursuance  of  this  authority  and  direction,  the  trustees 
are  further  directed  to  prepare  and  submit  to  the  next  General  As- 
sembly a  plan  for  such  a  college,  based  upon  study  of  similar  colleges 


646  MEDICINE  AND    SUEGEET. 


elsewhere  and  consultation  with  the  livestock  and  veterinary  interests 
of  this  State,  together  with  budget  estimates  of  the  appropriation  neces- 
sary to  carry  out  the  intent  of  this  Act. 
Appeoved  June  16,  1919. 


DENTAL  SURGERY. 
§   1.     Repeals  section  14,  Act  of  1909. 

(House  Bill  No.    541.     Filed  July    11,    1919.) 

An  Act  to  repeal  section  11/.  of  an  Act  entitled:.  "An  Act  to  regulate 
the  practice  of  dental  surgery  and  dentistry  in  the  State  of  Illinois, 
and  to  repeal  certain  Acts  therein  named"  approved  June  11,  1909, 
in  force  July  1,  1909,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  14  of  an  Act  en- 
titled :  "An  Act  to  regulate  the  practice  of  dental  surgery  and  dentistry 
in  the  State  of  Illinois,  and  to  repeal  certain  Acts  therein  named," 
approved  June  11,  1909,  in  force  July  1,  1909,  as  amended,  is  repealed. 
Filed  July  11,  1919. 

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

Witness  my  hand  this   11th   day  of  July,   A.   D.    1919. 

Louis   L.   EmmersoNj   Secretary  of  State. 


OPTOMETRY. 

Certificate     of     registration      re-        §   10.     When  certificate  may  be  refused 
quired.  or  revoked. 

Practice  defined.  §   n.     Requirements    when    licensed 

under  laws  of  another  state. 


Who   exempt. 

Qualifications  for  certificate. 


§    12.     Fee  to  be  paid. 


§   13.     Department    of   Registration    and 
Application   for   certificate.  Education  may  adopt  rules  and 


regulations. 
14.     What  constitutes  misdemeanor. 


Who   shall  hold  examinations. 

When   certificate  shall   issue. 

§   15.     Department    of   Registration    and 
Certificate  to  be  displayed — when  Education  to  keep  record, 

certificate        of        identification 
necessary.  §   16.     Act    to    be    known    as    "The    Illi- 

nois Optometry  Act". 
§      9.     Renewal. 

(House  Bill  No.  80.     Approved  April  19,  1919.) 

An  Act  in  relation  to  the  regulation  of  the  practice  of  optometry. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  After  the  first  day  of  October, 
1919,  it  shall  be  unlawful  for  any  person  to  practice,  or  to  attempt  to 
practice  optometry,  without  a  certificate  of  registration  as  a  registered 
optometrist,  issued  by  the  Department  of  Eegistration  and  Education, 
pursuant  to  the  provisions  of  "An  Act  in  relation  to  the  civil  admin- 
istration of  the  State  government,  and  to  repeal  certain  Acts  therein 
named,"  approved  March  7,  1917,  in  force  July  1,  1917. 

After  the  first  day  of  October,  1919,  it  shall,  also,  be  unlawful  for 
any  person  to  serve,  or  to  attempt  to  serve,  as  an  apprentice  under  a 


MEDICINE   AND   SURGERY.  647 


registered  optometrist  without  a  certificate  of  registration  as  a  registered 
apprentice,  issued  by  the  Department  of  Registration  and  Education, 
pursuant  to  the  provisions  of  "An  Act  in  relation  to  the  civil  admin- 
istration of  the  State  government,  and  to  repeal  certain  Acts  therein 
named,"  approved  March  7,  1917,  in  force  July  1,  1917. 

§  2.  Any  one  or  any  combination  of  the  following  practices  con- 
stitutes the  practice  of  optometry : 

(a)  The  examination  of  the  human  eye,  without  the  use  of  drugs, 
medicines  or  surgery,  to  ascertain  the  presence  of  defects  or  abnormal 
conditions  which  can  be  corrected  by  the  use  of  lenses,  prisms,  or  ocular 
exercises ; 

(b)  The  employment  of  objective  or  subjective  mechanical  means 
to  determine  the  accommodative  or  refractive  states  of  the  human  eye  or 
the  range  or  power  of  vision  of  the  human  eye ; 

(c)  The  prescription  or  adoption  without  the  use  of  drugs,  medi- 
cines or  surgery,  of  lenses,  prisms,  or  ocular  exercises  to  correct  defects 
or  abnormal  conditions  of  the  human  eye  or  to  adjust  the  human  eye  to 
the  conditions  of  a  special  occupation. 

No  registered  apprentice  may  independently  practice  optometry.  A 
registered  apprentice  may,  however,  under  the  immediate  personal  super- 
vision of  a  registered  optomerist,  assist  a  registered  optometrist  in  the 
practice  of  optometry. 

§  3.  The  following  persons,  firms  and  corporations  are  exempt 
from  the  operation  of  this  Act : 

(a)  Persons  authorized  under  the  laws  of  this  State  to  practice 
medicine  and  surgery; 

(b)  Persons,  firms  and  corporations  who  sell  eye  glasses  or  spec- 
tacles in  a  store,  shop,  or  other  permanently  established  place  of  business 
on  prescription  from  persons  authorized  under  the  laws  of  this  State  to 
practice  either  optometry  or  medicine  and  surgery ; 

(c)  Persons,  firms  and  corporations  who  manufacture  or  deal  in 
eye  glasses  or  spectacles  in  a  store,  shop  or  other  permanently  established 
place  of  buisness  and  who  neither  practice,  nor  attempt  to  practice 
optometry. 

§  4.  A  person  is  qualified  to  receive  a  certificate  of  registration  as  a 
registered  optometrist : 

(a)  Who  is  at  least  21  years  of  age; 

(b)  Who  is  of  good  moral  character  and  temperate  habits; 

(c)  Who  has  graduated  from  high  school  or  secondary  school  ap- 
proved by  the  Department  of  Registration  and  Education,  or  wlio  nas 
completed  an  equivalent  course  of  study,  as  determined  by  an  examin- 
ation conducted  by  the  Department  of  Registration  and  Education ; 

(d)  Who  has  either  studied  optometry  for  two  years  as  a  registered 
apprentice  under  an  optometrist  registered  under  the  laws  of  this  State, 
or  has  graduated  from  a  school  of  optometry  approved  by  the  Depart- 
ment of  Registration  and  Education.  No  school  of  optometry  shall  be 
approved  by  the  Department  of  Registration  and  Education  unless  it  has 
a  minimum  requirement  of  a  course  of  study  of  one  thousand  hours, 
distributed  over  one  school  year  of  eight  months  duration.  Time  spent 
in  the  study  of  optometry  under  an  optometrist  registered  or  licensed 


648  MEDICINE   AND    SURGERY. 


under  the  laws  of  another  state  or  territory  of  the  United  States  or  of  a 
foreign  country  or  province,  pursuant  to  the  provisions  of  section  11  of 
this  Act,  shall,  however,  be  credited  upon  the  period  of  study  required  by 
the  provisions  of  this  paragraph; 

(e)  Who  has  passed  a  satisfactory  examination  conducted  by  the 
Department  of  Eegistration  and  Education  to  determine  his  fitness  to 
receive  a  certificate  of  registration  as  a  registered  optometrist. 

A  person  is  qualified  to  receive  a  certificate  as  a  registered  ap- 
prentice : 

(a)  Who  is  at  least  18  years  of  age ; 

(b)  Who  is  of  good  moral  character  and  temperate  habits; 

(c)  Who  has  graduated  from  a  high  school  or  secondary  school 
approved  by  the  Department  of  Eegistration  and  Education,  or  who  has 
completed  an  equivalent  course  of  study,  as  determined  by  an  examin- 
ation conducted  by  the  Department  of  Registration  and  Education; 

(d)  Who  has  entered  upon  the  study  of  optometry  under  an  op- 
tometrist registered  under  the  laws  of  this  State. 

Any  person  who,  upon  the  first  day  of  July,  1919,  is  a  student  in  a 
school  of  optometry,  or  is  studying  optometry  under  a  practicing  optome- 
trist, is  exempt  from  the  provisions  of  this  section  relating  to  a  high 
school  or  secondary  school  education  and  is  also  exempt  from  the  pro- 
visions of  this  section  relating  to. the  minimum  requirements  of  a  school 
of  optometry  approved  by  the  Department  of  Eegistration  and  Edu- 
cation. 

§  5.  Every  person  who  desires  to  obtain  a  certificate  of  registra- 
tion shall  apply  therefor  to  the  Department  of  Eegistration  and  Educa- 
tion, in  writing,  on  blanks  prepared  and  furnished  by  the  Department 
of  Eegistration  and  Education.  Each  application  shall  contain  proof 
of  the  particular  qualifications  required  of  the  applicant,  shall  be  veri- 
fied by  the  applicant  under  oath,  and  shall  be  accompanied  by  the 
required  fee. 

§  6.  The  Department  of  Eegistration  and  Education  shall  hold 
examinations  of  applicants  for  certificates  of  registration  as  registered 
optometrists  at  such  times  and  places  as  it  may  determine. 

The  examination  of  applicants  for  certificates  of  registration  as 
registered  optometrists  may  include  both  practical  demonstrations  and 
written  and  oral  tests,  and  shall  embrace  the  subjects  normally  taught 
in  schools  of  optometry  approved  by  the  Department  of  Eegistration 
and  Education. 

§  7.  Whenever  the  provisions  of  this  Act  have  been  complied  with, 
the  Department  of  Eegistration  and  Education  shall  issue  a  certificate 
of  registration  as  a  registered  optometrist,  or  a  certificate  of  registra- 
tion as  a  registered  apprentice,  as  the  case  may  be. 

Any  resident  of  this  State  who,  prior  to  the  first  day  of  October, 
1919,  applies  to  the  Department  of  Eegistration  and  Education  and 
proves  either:  (a)  that  for  one  year  immediately  preceding  the  first 
day  of  July,  1919,  he  was  continuously  engaged,  at  an  established  place 
of  business  in  this  State,  in  the  practice  of  optometry;  or  (b)  that  he 
had,  prior  to 'the  first  day  of  July,  1919,  graduated  from  a  school  of 


MEDICINE   AND    SURGERY.  649 


optometry  shall  be  granted,  without  examination,  upon  payment  of  the 
required  fee,  a  certificate  of  registration  as  a  registered  optometrist. 

Any  person  who,  prior  to  the  first  day  of  October,  1919,  applies  to 
the  Department  of  Registration  and  Education  and  proves  that  im- 
mediately prior  to  the  date  of  his  application  he  was  studying  optometry 
under  an  optometrist  in  this  State,  shall  be  granted  a  certificate  of 
registration  as  a  registered  apprentice,  and  shall  be  credited  with  the 
time  thus  spent  in  the  study  of  optometry. 

Service  in  the  military  or  naval  forces  of  the  United  States  since 
the  6th  day  of  April,  1917,  shall  not  disqualify  any  person  from  re- 
ceiving the  benefits  of  the  provisions  of  this  section  if  that  person,  prior 
to  the  date  of  the  beginning  of  his  service  in  the  military  or  naval  forces 
of  the  United  States  was  practicing  optometry  at  an  established  place 
of  business  in  this  State,  had  graduated  from  a  school  of  optometry,  or 
was  studying  optometry  under  an  optometrist  in  this  State. 

§  8.  Every  holder  of  a  certificate  of  registration  shall  display  it 
in  a  conspicuous  place  in  his  principal  office,  place  of  business  or  em- 
ployment. 

Whenever  a  registered  optometrist  practices  optometry  outside  of 
or  away  from  his  principal  office,  place  of  business  or  enrployment,  he 
shall  deliver  to  each  patient  in  his  care  a  certificate  of  identification. 
This  certificate  shall  contain  his  signature,  the  number  and  date  of  his 
certificate  of  registration,  the  post  office  address  of  his  principal  office, 
place  of  business  or  employment,  and  the  date  upon  which  the  certifi- 
cate of  identification  is  delivered  to  the  patient. 

§  9.  Every  registered  optometrist  and  every  registered  apprentice 
who  continues  in  active  practice  or  service,  shall,  annually,  on  or  before 
the  first  day  of  April,  renew  his  certificate  of  registration  and  pay  the 
required  renewal  fee.  Every  certificate  of  registration  which  has  not 
been  renewed  during  the  month  of  April  in  any  year  shall  expire  on  the 
first  day  of  May  in  that  year.  A  registered  optometrist  or  a  registered 
apprentice  whose  certificate  of  registration  has  expired  may  have  his 
certificate  of  registration  restored  only  upon  payment  of  the  required 
restoration  fee. 

Any  registered  optometrist  who  retires  from  the  practice  of  op- 
tometry for  not  more  than  five  (5)  years  may  renew  his  certificate  of 
registration  upon  payment  of  all  lapsed  renewal  fees. 

§  10.  The  Department  of  Registration  and  Education  may  either 
refuse  to  issue,  or  may  refuse  to  renew,  or  may  suspend,  or  may  revoke 
any  certificate  of  registration  for  any  one,  or  any  combination,  of  the 
following  causes: 

(a)  Conviction  of  a  felony,  as  shown  by  a  certified  copy  of  the 
record  of  the  court  of  conviction ; 

(b)  The  obtaining  of  or  an  attempt  to  obtain,  a  certificate  of 
registration,  or  practice  in  the  profession,  or  money,  or  any  other  thing 
of  value,  by  fraudulent  misrepresentation; 

(c)  Gross  malpractice; 

(d)  Continued  practice  by  a  person  knowingly  having  an  in- 
fectious or  contagious  disease; 


650  MEDICINE   AND    SURGERY. 


(e)  Advertising  by  means  of  knowingly  false  or  deceptive  state- 
ments ; 

(f)  Advertising,  practicing  or  attempting  to  practice  under  a 
name  other  than  one's  own; 

(g)  Habitual  drunkenness,  or  habitual  addiction  to  the  use  of 
morphine,  cocaine  or  other  habit-forming  drugs. 

The  Department  of  Eegistration  and  Education  may  neither  refuse 
to  issue,  nor  refuse  to  renew,  nor  suspend,  nor  revoke,  any  certificate  of 
registration,  however,  for  any  of  these  causes,  unless  the  person  accused 
has  been  given  at  least  20  days'  notice  in  writing  of  the  charge  against 
him  and  a  public  hearing  by  the  Department  of  Eegistration  and 
Education. 

Upon  the  hearing  of  any  such  proceeding,  the  Director  of  Eegistra- 
tion and  Education,  the  Assistant  Director  of  Eegistration  and  Educa- 
tion and  the  Superintendent  of  Eegistration  may  administer  oaths  and 
the  Department  of  Eegistration  and  Education  may  procure,  by  its 
subpoena,  the  attendance  of  witnesses  and  the  production  of  relevant 
books  and  papers. 

Any  Circuit  Court  or  any  judge  of  a  Circuit  Court,  either  in  term 
time  or  in  vacation,  upon  application  either  of  the  accused  or  of  the 
Department  of  Eegistration  and  Education,  may,  by  order  duly  entered, 
require  the  attendance  of  witnesses  and  the  production  of  relevant  books 
and  papers  before  the  Department  of  Eegistration  and  Education  in  any 
hearing  relating  to  the  refusal,  suspension  or  revocation  of  certificates 
of  registration.  Upon  refusal  or  neglect  to  obey  the  order  of  the  court 
or  judge,  the  court  or  judge  may  compel,  hj  proceedings  for  contempt  of 
court,  obedience  of  its  or  his  order. 

§  11.  Upon  payment  of  the  required  fee,  an  applicant  who  is  an 
optometrist,  registered  or  licensed  under  the  laws  of  another  state  or 
territory  of  the  United  States  or  of  a  foreign  country  or  province,  may, 
without  examination,  be  granted  a  certificate  of  registration  as  a 
registered  optometrist  by  the  Department  of  Eegistration  and  Edu- 
cation, in  its  discretion,  upon  the  f  olowing  conditions : 

(a)  That  the  applicant  is  at  least  twenty-one  years  of  age,  of  good 
moral  character  and  temperate  habits;  and 

(b)  That  the  requirements  for  the  registration  or  licensing  of 
optometrists  in  the  particular  state  territory,  country  or  province,  were, 
at  the  date  of  the  license,  substantially  equal  to  the  requirements  then  in 
force  in  this  State. 

The  Department  of  Eegistration  and  Education  shall  prescribe 
reasonable  rules  and  regulations  governing  the  recognition  of  and  the 
credit  to  be  given  to  the  study  of  optometry  under  an  optomerist  registered 
or  licensed  under  the  laws  of  another  state  or  territory  of  the  United 
States  or  of  a  foreign  country  or  province,  by  an  applicant  for  a  cer- 
tificate of  registration  as  a  registered  optometrist. 

§  12.  The  fee  to  be  paid  by  an  applicant  for  an  examination  to 
determine  his  fitness  to  receive  a  certificate  of  registration  as  a  registered 
optometrist  is  ten  dollars  ($10). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration  as 
a  registered  optometrist  is  five  dollars  ($5). 


MEDICINE   AND    SURGERY.  651 


The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration  as 
a  registered  apprentice  is  one  dollar  ($1). 

The  fee  to  be  paid  by  an  applicant  for  an  examination  to  determine 
his  preliminary  education  is  five  dollars  ($5). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration  as 
a  registered  optometrist,  who  applies  therefor,  pursuant  to  the  provisions 
of  section  7  of  this  Act,  prior  to  the  first  day  of  October,  1919,  is  five 
dollars  ($5). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration  as 
a  registered  optometrist  who  is  an  optometrist  registered  or  licensed 
under  the  laws  of  another  state  or  teritory  of  the  United  States,  or  a 
foreign  country  or  province  is  fifteen  dollars  ($15). 

The  fee  to  be  paid  upon  the  renewal  of  a  certificate  of  registration 
is  one  dollar  ($1). 

The  fee  to  be  paid  for  the  restoration  of  an  expired  certificate  of 
registration  as  a  registered  optometrist  is  five  dollars  ($5). 

The  fee  to  be  paid  for  the  restoration  of  an  expired  certificate  of 
registration  as  a  registered  apprentice  is  two  dollars  ($2). 

§  13.  The  Department  of  Eegistration  and  Education  may  adopt 
reasonable  rules  and  regulations  relating  to  the  enforcement  of  the  pro- 
visions of  this  Act. 

§  14.  Each  of  the  following  constitute  a  misdemeanor,  punish- 
able, upon  conviction,  by  a  fine  of  not  less  than  $25.00  nor  more  than 
$200.00: 

(a)  The  practice  of  optometry  or  an  attempt  to  practice  op- 
tometry, without  a  certificate  of  registration  as  a  registered  optometrist; 

(b)  Service  as  an  apprentice  under  a  registered  optometrist  or  an 
attempt  to  serve  as  an  apprentice  under  a  registered  optometrist,  without 
a,  certificate  of  registration  as  an  apprentice ; 

(c)  Permitting  any  person  in  one's  employ,  supervision  or  control, 
to  practice  optometry,  unless  that  person  has  a  certificate  of  registration 
as  a  registered  optometrist; 

(d)  Permitting  any  person  in  one's  employ,  supervision  or  control, 
to  serve  as  an  apprentice  under  a  registered  optometrist  unless  that 
person  has  a  certificate  of  registration  as  a  registered  apprentice; 

(e)  The  obtaining  of,  or  an  attempt  to  obtain,  a  certificate  of 
registration,  or  practice  in  the  profession,  or  money,  or  any  other  thing 
of  value,  by  fraudulent  misrepresentation; 

(f )  The  making  of  any^  wilfully  false  oath  or  affirmation  whenever 
an  oath  or  affirmation  is  required  by  this  Act; 

(g)  The  violation  of  the  provisions  of  section  8  of  this  Act. 

All  fines  and  penalties  shall  inure  to  the  Department  of  Registra- 
tion and  Education. 

§  15.  The  Department  of  Eegistration  and  Education  shall  keep 
a  record,  which  shall  be  open  to  public  inspection  at  all  reasonable  times, 
of  its  proceedings  relating  to  the  issuance,  refusal,  renewal,  suspension 
and  revocation  of  certificates  of  registration.  This  record  shall,  also, 
contain  the  name,  known  place  of  business  and  residence,  and  the  date 
and  number  of  the  certificate  of  registration  of  every  registered  optome- 
trist and  registered  apprentice  in  this  State. 


652  MEDICINE  AND    SUEGEET. 


§  16.     This  Act  may  be  known  and  cited  as  "The  Illinois  Optometry 
Act." 

Appeoved  April  19,  1919. 

REGULATION  OF  THE  PRACTICE  OF  NURSING. 

Unlawful    to    practice    as    regis-        §      8.     Requirements   for   certificate 
tered  nurse  without  certificate.  when    licensed    under    another 

state. 
Who   may   qualify. 

To     whom    application    shall    he 
made. 


Examinations  to  be  held. 
Certificate   to   be   issued. 
Renewal   of   certificate. 
Certificate    may   be   revoked. 


§      9- 

Fees. 

§  10. 

Rules  may  be  adopted. 

§    11. 

What  constitutes  a  misdemeanor. 

§    12. 

Record    to    be   kept. 

§    13. 

Repeal. 

§    14. 

Act      known      as      "The      Illinois 
Nursing   Act". 

Approved  June   19,   1919.) 

(Senate  Bill  No.    116. 

An  Act  to  revise  the  law  in  relation  to  the  regulation  of  the  practice  of 

nursing. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  It  is  unlawful  for  any  person 
to  practice,  or  attempt  to  practice,  nursing,  as  a  registered  nurse,  with- 
out a  certificate  of  registration  as  a  registered  nurse,  issued  by  the 
Department  of  Eegistration  and  Education,  pursuant  to  the  provisions 
of  an  Act  entitled,  "An  Act  in  relation  to  the  civil  administration  of 
the  State  Government,  and  to  repeal  certain  Acts  therein  named,"  ap- 
proved March  7,  1917,  in  force  July  1,  1917. 

§  2.  A  person  is  qualified  to  receive  a  certificate  as  a  registered 
nurse : 

(a)  Who  is  at  least  twenty-two  years  of  age; 

(b)  Who  is  of  good  moral  character  and  temperate  habits; 

(c)  Who  has  completed  at  least  a  one  year's  course  of  study  in  a 
high  school  or  secondary  school,  approved  by  the  Department  of  Eegis- 
tration and  Education,  or  who  has  completed  an  equivalent  course  of 
study  as  determined  by  an  examination  conducted  by  the  Department 
of  Eegistration  and  Education; 

(d)  Who  has  completed  a' course  of  at  least  twenty-four  months 
of  study  in  a  school  of  nursing,  inspected  and  approved  by  the  Depart- 
ment of  registration  and  Education; 

(e)  Who  has  passed  an  examination"  conducted  by  the  Department 
of  Eegistration  and  Education  to  determine  his  or  her  fitness  to  receive 
a  certificate  of  registration  as  a  registered  nurse. 

§  3.  Every  person  who  desires  to  obtain  a  certificate  of  registra- 
tion shall  apply  to  the  Department  of  Eegistration  and  Education,  in 
writing,  upon  blanks  prepared  and  furnished  by  the  Department  of 
Eegistration  and  Education.  Each  application  shall  contain  proof  of 
the  particular  qualifications  required  of  the  applicant,  shall  be  verified 
by  the  applicant,  under  oath,  and  shall  be  accompanied  by  the  required 
fee. 


MEDICINE   AND    SURGERY.  653 


§  4.  The  Department  of  Registration  and  Education  shall  hold 
examinations  of  applicants  for  certificates  of  registration  as  registered 
nurses  at  such  times  and  places  as  it  may  determine. 

The  examination  of  applicants  for  certificates  of  registration  as 
registered  nurses  may  include  both  practical  demonstrations  and  written 
and  oral  tests  and  shall  embrace  the  subjects  usually  taught  in  schools 
of  nursing,  approved  by  the  Department  of  Kegistration  and  Education. 

§  5.  Whenever  the  provisions  of  this  Act  have  been  complied  with, 
the  Department  of  Eegistration  and  Education  shall  issue  a  certificate 
of  registration  as  a  registered  nurse. 

Any  certificate  of  registration  heretofore  issued  under  the  laws  of 
this  State  authorizing  its  holder  to  practice  nursing,  as  a  registered 
nurse,  shall  serve  the  same  purpose  as  the  certificate  of  registration  as  a 
registered  nurse  provided  for  by  this  Act. 

§  6.  Every  registered  nurse  who  continues  in  active  practice  shall, 
annually,  on  or  before  the  first  day  of  April,  renew  his  or  her  certificate 
of  registration  and  pay  the  required  renewal  fee.  Every  certificate  of 
registration  which  has  not  been  renewed  during  the  month  of  April  in 
any  year  shall  expire  on  the  first  day  of  May  in  that  year.  A  registered 
nurse  whose  certificate  of  registration  has  expired  may  renew  his  or  her 
certificate  of  registration  only  upon  payment  of  the  required  restora- 
tion fee. 

Any  registered  nurse  who  retires  from  the  practice  of  nursing  for 
not  more  than  five  years  may  renew  his  or  her  certificate  of  registration 
upon  payment  of  all  lapsed  fees. 

§  7.  The  Department  of  Eegistration  and  Education  may  either 
refuse  to  issue,  or  may  refuse  to  renew,  or  may  suspend,  or  may  revoke, 
any  certificate  of  registration,  for  any,  or  any  combination,  of  the  fol- 
lowing causes: 

(a)  The  wilful  violation  of,  or  the  wilful  procuring  of,  or  know- 
ingly assisting  in  the  violation  of,  any  Act  which  is  now  or  which  here- 
after may  be  in  force  in  this  State  relating  to  the  use  of  habit  forming 
drugs ; 

(b)  The  wilful  violation  of,  or  the  Avilful  procuring  of,  or  know- 
ingly assisting  in  the  violation  of  any  Act  which  is  now  or  which  here- 
after may  be  in  force  in  this  State  relating  to  the  practice  of  abortion; 

(c)  The  obtaining  of,  or  attempt  to  obtain,  a  certificate  of  regis- 
tration, or  practice  in  the  profession,  or  money,  or  any  other  thing  of 
value,  by  fraudulent,  representation ; 

(d)  Gross  negligence  in  the  practice  of  nursing; 

(e)  Continued  practice  by  a  person  knowingly  having  an  in- 
fectious, communicable,  or  contagious  disease; 

(f)  Habitual  drunkenness,  or  habitual  addiction  to  the  use  of 
morphine,  cocaine  or  other  habit  forming  drugs. 

The  Department  of  Eegistration  and  Education  may  neither  refuse 
to  issue,  nor  refuse  to  renew,  nor  suspend,  nor  revoke  any  certificate  of 
registration,  however,  for  any  of  these  causes,  unless  the  person  accused 
has  been  given  at  least  20  days'  notice,  in  writing,  of  the  charge  against 


654  MEDICINE   AND    SURGERY. 


him  or  her,  and  a  public  hearing  by  the  Department  of  Registration  and 
Education. 

Upon  the  hearing  of  any  such  proceeding,  the  Director  of  Registra- 
tion and  Education,  the  Assistant  Director  of  Registration  and  Educa- 
tion or  the  Superintendent  of  Registration,  may  administer  oaths,  and 
the  Department  of  Registration  and  Education  may  procure  by  its 
subpoena,  the  attendance  of  witnesses  and  the  production  of  relevant 
books  and  papers. 

Any  Circuit  Court,  or  any  judge  of  a  Circuit  Court  either  in  term 
time  or  in  vacation,  upon  the  application,  either  of  the  accused  or  of  the 
Department  of  Registration  and  Education,  may,  by  order,  fully  entered, 
require  the  attendance  of  witnesses  and  the  production  of  relevant  books 
and  papers,  before  the  Department  of  Registration  and  Education,  in 
any  hearing  relating  to  the  refusal,  suspension  or  revocation  of  certifi- 
cates of  registration.  Upon  refusal  or  neglect  to  obey  the  order  of  the 
court  or  judge,  the  court  or  judge  may  compel,  by  proceedings  for  con- 
tempt of  court,  obedience  of  its  or  his  order. 

§  8.  Upon  payment  of  the  required  fee,  an  applicant  who  is  a 
nurse,  registered  or  licensed  under  the  laws  of  another  State  or  terri- 
tory of  the  United  States,  or  of  a  foreign  country  or  province  may, 
without  examination,  be  granted  a  certificate  of  registration  as  a  regis- 
tered nurse  by  the  Department  of  Registration  and  Education,  in  its 
discretion,  upon  the  following  conditions : 

(a)  That  the  applicant  is  at  least  twenty-two  years  of  age,  of  good 
moral  character  and  temperate  habits;  and 

(b)  That  the  requirements  for  the  registration  or  licensing  of 
nurses  in  the  particular  state,  territor}r,  county  or  province,  were  at 
the  date  of  the  license,  substantially  equal  to  the  requirements  then  in 
force  in  this  State. 

§  9.  The  fee  to  be  paid  by  an  applicant  for  an  examination  to 
determine  his  or  her  fitness  to  receive  a  certificate  of  registration  as  a 
registered  nurse  is  ten  dollars  ($10.00). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
as  a  registered  nurse  is  two  dollars  ($2.00). 

The  fee  to  be  paid  upon  the  renewal  of  a  certificate  of  registration 
is  one  dollar  ($1.00). 

The  fee  to  be  paid  by  an  applicant  for  an  examination  to  determine 
his  or  her  preliminary  education  is  two  dollars  ($2.00). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
who  is  a  nurse  registered  or  licensed  under  the  laws  of  another  state  or 
territory  of  the  United  States  or  of  a  foreign  country  or  province  is 
twelve  dollars  ($12.00). 

The  fee  to  be  paid  for  the  restoration  of  an  expired  certificate  of 
registration  as  a  registered  nurse  is  two  dollars  ($2.00). 

§  10.  The  Department  of  Registration  and  Education  may  adopt 
reasonable  rules  and  regulations  relating  to  the  enforcement  of  the  pro- 
visions of  this  Act. 


MILITARY    AND   NAVAL    CODE.  655 


§  11.  Each  of  the  following  Acts  constitutes  a  misdemeanor, 
punishable  upon  conviction  by  a  fine  of  not  less  than  twenty-five  dollars 
($25.00),  nor  more  than  two  hundred   dollars    ($200.00)  : 

(a)  The  practice  of  nursing,  or  an  attempt  to  practice  nursing  as 
a  registered  nurse  without  a  certificate  of  registration  as  a  registered 
nurse ; 

(b)  The  obtaining  of,  or  an  attempt  to  obtain,  a  certificate  of 
registration,  or  practice  in  the  profession,  or  money,  or  any  other  thing 
of  value,  by  fraudulent  representation; 

(c)  The  making  of  any  wilfully  false  oath  or  affirmation  as  re- 
quired by  this  Act. 

All  fines  and  penalties  shall  inure  to  the  Department  of  Registration 
and  Education. 

§  12.  The  Department  of  Registration  and  Education  shall  keep 
a  record  which  shall  be  open  to  public  inspection  at  all  reasonable  times, 
of  its  proceedings  relating  to  the  issuance,  refusal,  renewal,  suspension, 
and  revocation  of  certificates  of  registration.  This  record  shall  also  con- 
tain the  name,  known  place  of  business  and  residence,  and  the  date  and 
number  of  certificate  of  registration  of  every  registered  nurse  in  this 
State. 

§  13.  An  Act  entitled  "An  Act  to  provide  for  the  registration  of 
nurses  and  to  repeal  a  certain  Act  therein  named,"  approved  June  30, 
1913,  in  force  July  1,  1913,  as  amended,  is  repealed. 

§  14.  This  Act  may  be  known  and  cited  as  "The  Illinois  Nursing 
Act." 

Approved  June  19,  1919. 


MILITARY  AND  NAVAL  CODE. 


RESERVE  MILITIA. 
§   1.     Amends  section   6   of  the  Act.  §   2.     Emergency. 

§   6.     Expense   borne   by   State. 

(Senate  Bill  No.   188.     Approved  May  15,   1919.) 

An  Act  to  amend  section  6  of  an  Act  entitled,  "An  Act  to  provide  for 
the  organization  of  reserve  militia  from  the  unorganized  militia  of 
the  State,"  approved  June  25,  1917,  in  force  July  1,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  6  of  an  Act  entitled,  "An 
Act  to  provide  for  the  organization  of  reserve  militia  from  the  unor- 
ganized militia  of  the  State"  is  amended  to  read  as  follows : 

§  6.  The  expense  of  the  organization,  equipment  and  maintenance 
of  the  reserve  militia  shall  be  borne  by  the  State.  Such  expense  shall  be 
the  same  as  that  allowed  by  law  for  the  organization,  equipment  and 
maintenance  of  the  National  Guard. 

§  2.  Because  of  an  emergency,  this  Act  shall  take  effect  from 
and  after  its  passage. 

Approved  May  15,  1919. 


656 


MINES    AND   MINING. 


MINES  AND  MINING. 


HEALTH  AND  SAFETY  OP  PERSONS  EMPLOYED. 


6   1       Amends  sections   9,    14,   19,   20,    21 
and   27,  Act  of  1911. 


§     9 


§    14. 


19. 


(a)   Two    places    of 
egress. 

(b)  Distance     from 
main    shaft. 

(c)  Maximum      number 

employed  in  mine 
before  completion 
o  f  escapement 
shaft  —  time  al- 
lowed. 

(d)  Stairways — cages — 

protection. 

(e)  Passageways     and 

directions  to  es- 
capement. 

(f)  Joint  escapement 
for  contiguous 
mines. 

Ventilation  —  safety 
lamps  —  appeals  to 
Department  of  Mines 
and  Minerals  — 
closed  electric  lamps 
—  examinations  for 
noxious  or  infilam- 
mable   gases. 

(a)  Amount  of  powder 

kept    in    mine  — 
regulations. 

(b)  Place    and   manner 

o  f     keeping     i  n 
mine. 


(d)  Quantity  permitted 

in   one   shot. 

(e)  Standard  charger. 

(f)  Dead  holes. 

(g)  Kind  of  explosives, 
(h)    Copper    tools. 

(i)    Tamping. 

(j)    Squibs. 

(k)   Warning    before 
firing. 

(1)    Intervals     between 
explosions. 

(m)   Missed  shots. 

(n)    Withdrawal    of 
missed  shots. 

(o)    Length  of  fuse. 

§   20.    Duty  of  mine   manager 
— power — assistants. 

§   21.    Certificated     mine     ex- 
aminer— duty. 

§27.     (a)    Scales — weights. 

(b)  Weigher  —  citizen 

of  United  States 
— oath. 

(c)  Check     weigher  — 

duty — citizen  of 
United  States — 
oath. 


(c)    Manner 
ing. 


of    handl- 


(Senate   Bill   No.    580.     Approved   June    28,    1919.) 

An  Act  to  amend  sections  9,  11+,  19,  20,  21  and  21  of  an  Act  entitled, 
"An  Act  to  revise  the  laws  in  relation  to  coal  mines  and  subjects  re- 
lating thereto,  and  providing  for  the  health  and  safety  of  persons 
employed  therein,"  approved  June  6,  1911,  in  force  July  1,  1911,  as 
amended. 

Section  1.  Be  it  enacted-  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  9,  14,  19,  20,  21  and 
27  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,  as  amended,  are  amended  to  read  as  follows : 

§  9.  (a)  For  every  coal  mine  in  this  State,  whether  worked  by 
shaft,  slope  or  drift,  there  shall  be  provided  and  maintained,  in  addi- 
tion to  the  hoisting  shaft,  or  other  place  of  delivery,  an  escapement  shaft 
or  opening  to  the  surface,  or  an  underground  communicating  passage- 
way with  a  contiguous  mine,  so  that  there  shall  be  at  least  two  distinct 


MINES   AND    MINING.  G57 


and  available  means  of  egress  to  all  persons  employed  in  such   coal 
mines. 

(b)  In  mines  sunk  after  the  passage  of  this  Act,  the  first  escape- 
ment shaft  shall  be  separated  from  the  main  shaft  by  such  extent  of 
natural  strata  as  may  be  agreed  upon  by  the  inspector  of  the  district  and 
the  owner  of  the  property,  but  the  distance  between  the  main  shaft  and 
the  escapement  shaft  shall  not  be  less  than  500  feet  nor  more  than 
2,000  feet:  Provided,  that  in  mines  employing  ten  (10)  men  or  less 
the  distance  between  the  hoisting  shaft  and  the  escapement  shaft  shall 
not  be  less  than  two  hundred  and  fifty  (250)  feet. 

(c)  It  shall  be  unlawful  to  employ  underground,  at  any  one  time, 
more  men  than  in  the  judgment  of  the  inspector  are  necessary  to  com- 
plete speedily  the  connections  with  the  escapement  shaft  or  adjacent 
mine;  and  said  number  must  not  exceed  ten  men  at  any  one  time  for 
any  purpose  in  said  mine  until  such  escapement  or  connection  is  com- 
pleted. 

The  time  allowed  for  completing  such  escapement  shaft  or  making 
such  connections  with  an  adjacent  mine,  as  is  required  uy  the  terms  of 
this  Act,  shall  be  three  months  for  shafts  200  feet  or  less  in  depth,  and 
six  months  for  shafts  less  than  500  feet  or  more  than  200  feet,  and 
nine  months  for  all  other  mines,  slopes  or  drifts,  or  connections  with 
adjacent  mines.  The  time  to  date  in  all  cases  from  the  hoisting  of 
coal  from  the  hoisting  shaft :  Provided,-  that  in  mines  employing  ten 
(10)  men  or  less,  the  time  for  completing  the  escapement  shaft  shall 
not  be  more  than  six  months  from  the  time  of  hoisting  coal. 

(d)  The  escapement  shaft  at  every  mine  opened  after  the  passage 
of  this  Act  shall  be  equipped  with  a  substantial  stairway,  set  at  an 
angle  not  greater  than  forty-five  degrees,  which  shall  be  provided  with 
hand  rails  and  with  platforms  or  landings  at  each  turn  of  the  stairway: 

Provided,  that  all  coal  mines  more  than  two  hundred  (200)  feet  in 
depth,  opened  on  or  after  July  1,  1919,  the  escapement  shaft  shall  be 
equipped  with  both  a  cage  and  stairway:  Provided,  further,  that  if  the 
coal  mine  is  equipped  with  a  stairway  in  the  main  shaft,  no  stairway 
shall  be  required  in  the  escapement  shaft. 

If  any  escapement  shaft,  at  the  time  of  the  passage  of  this  Act,  be 
equipped  with  a  cage  for  hoisting  men,  such  shaft,  cage  and  all  equip- 
ment used  in  connection  therewith  must  conform  to  the  requirements  of 
this  Act  in  reference  to  the  hoisting  and  lowering  of  men. 

Where  an  escapement  way  is  connected  to  a  compartment  in  which 
coal  is  hoisted  in  such  manner  that  men  using  the  escapement  way  are 
endangered  by  falling  coal  or  by  themselves  falling  into  such  hoisting 
compartment,  the  State  Mine  Inspector  shall  have  power  to  order  suit- 
able protection  against  such  dangers. 

(e)  Such  escapement  shaft  or  opening  or  communication  with  a 
contiguous  mine  as  aforesaid,  shall  be  constructed  in  connection  with 
every  seam  of  coal  worked  in  such  mine,  and  all  passageways  com- 
municating with  the  escapement  shaft  or  place  of  exit  from  the  main 
hauling  ways  to  said  place  or  exit,  shall  be  maintained  free  of  obstruc- 

—42  L 


658  MINES   AND   MINING. 


tion  at  least  5  feet  high  and  5  feet  wide.  Such  passageways  must  be  so 
graded  and  drained  that  it  will  be  impossible  for  water  to  accumulate  in 
any  depression  or  dip  of  the  same  in  quantities  sufficient  to  obstruct  the 
free  and  safe  passage  of  men.  No  passageway  to  an  escapement  shaft 
shall  pass  through  a  stable.  At  all  points  where  the  passageway  to  the 
escapement  shaft  or  other  place  of  exit  is  intersected  by  other  roadways 
or  entries,  conspicuous  signboards  'shall  be  placed  indicating  the  direc- 
tion it  is  necessary  to  take  in  order  to  reach  such  place  of  exit. 

(f)  When  operators  of  adjacent  mines  have,  by  agreement,  estab- 
lished underground  communications  between  said  mines  as  an  escape- 
ment outlet  for  the  men  employed  in  both,  the  intervening  doors  shall 
remain  unlocked  and  ready  at  all  times  for  immediate  use. 

When  such  communication  has  once  been  established  between  con- 
tiguous mines,  the  operator  of  either  shall  not  close  the  same  without 
the  consent  of  the  operator  of  the  contiguous  mine  and  of  the  State 
inspector  for  the  district:  Provided,  that  when  either  operator  desires 
to  abandon  mining  operations  the  expense  and  duty  of  maintaining 
such  communication  shall  develop  upon  the  party  continuing  the  opera- 
tions and  using  the  same. 

§  14.  (a)  At  every  coal  mine  there  shall  be  provided,  supplied 
and  maintained  an  amount  of  air  which  shall  not  be  less  than  one 
hundred  (100)  cubic  feet  per  minute  for  each  person,  and  not  less  than 
five  hundred  (500)  cubic  feet  per  minute  for  each  animal  in  the  mine, 
measured  at  the  foot  of  the  downcast  and  of  the  upcast;  except  that  in 
gaseous  mine  there  shall  be  not  less  than  one  hundred  and  fifty  (150) 
cubic  feet  of  air  per  minute  for  each  person  in  the  mine.  The  inspector 
shall  have  power  by  order  in  writing  to  require  these  quantities  to  be 
increased. 

(b)  The  main  current  of  air  shall  be  split  or  subdivided  as  to 
give  a  separate  current  of  reasonably  pure  air  to  every  100  men  at 
work,  and  the  inspector  shall  have  authority  to  order,  in  writing,  sepa- 
rate currents  for  smaller  groups  of  men,  if,  in  his  judgment,  special 
conditions  render  it  necessary. 

(c)  Doors,  curtains  or  brattices  shall  be  placed  at  such  places  as 
may  be  designated  by  the  mine  manager,  subject  to  the  approval  of 
the  State  inspector,  to  conduct  into  the  working  places  an  amount  of 
air  sufficient  to  render  the  working  places  reasonably  free  from  dele- 
terious air  of  every  kind. 

(d)  Away  from  the  pillar  for  the  mine  bottom,  cross-cuts  between 
entries  shall  be  made  not  more  than  sixty  feet  apart  without  permission 
of  the  State  inspector  of  the  district  and  then  only  in  case  of  "faults." 
When  such  consent  is  given,  brattice  or  other  means  must  be  provided 
within  sixty  feet  of  the  face  to  convey  the  air  to  the  working  place 
until  a  cross-cut  is  opened  up. 

When  undercut  or  sheared,  the  entry,  cross-cut  and  room-neck  may 
be  advanced  concurrently,  but  not  more  than  one  cutting  shall  be  shot 
in  the  room-neck  until  the  cross-cut  is  finished;  and  after  the  entry 
has  advanced  fifteen  feet  beyond  the  location  of  the  new  cross-cut,  only 


MINES    AND   MINING.  G59 


one  shot  shall  be  fired  in  the  entry  to  two  in  either  or  both  the  i 
cut  and  room-neck,  at  the  same  shooting  time. 

When  not  undercut  or  sheared,  the  entry  and  cross-cut  may  be 
advanced  concurrently,  but  no  room  shall  be  opened  in  advance  of  the 
last  open  cross-cut,  and  after  the  entry  has  advanced  fifteen  i'eet  beyond 
the  location  of  a  new  cross-cut  only  one  shot  shall  be  fired  in  the  entry 
to  two  in  the  cross-cut  at  the  same  shooting  time. 

Not  more  than  three  shots  shall  be  exploded  at  one  shooting  time 
ahead  of  the  last  open  cross-cut. 

(e)  After  the  taking  effect  of  this  Act,  the  first  cross-cut  between 
all  rooms  off  any  entry  shall  not  be  more  than  sixty  (60)  feet  from  the 
rib  of  the  entry.  Additional  cross-cuts  shall  not  be  more  than  sixty  (60) 
feet  apart :  Provided,  hoivever,  that  if  in  any  mine  the  conditions  are 
such  that  in  the  judgment  of  the  duly  accredited  representative  of  the 
Department  of  Mines  and  Minerals,  expressed  in  writing,  it  is  con- 
sidered equally  safe  and  more  advantageous  to  leave  a  blind  pillar  be- 
tween not  less  than  every  three  rooms,  the  Department  of  Mines  and 
Minerals  shall  have  power  to  grant  the  authority  to  leave  said  pillar 
subject  to  review  by  the  Department  of  Mines  and  Minerals  on  formal 
complaint  of  the  representative  of  either  party  in  interest  and  after  an 
open  hearing. 

(f)  All  cross-cuts  connecting  inlet  and  outlet  air  courses,  except 
the  last  one  nearest  the  face,  shall  be  closed  with  substantial  stoppings 
to  be  made  as  nearly  air-tight  as  possible.  In  the  making  of  the  air- 
tight partitions  or  stoppings,  no  loose  material  or  refuse  shall  be  used. 

Cross-cuts  between  rooms,  except  the  one  nearest  the  face,  shall  be 
closed  sufficiently  to  carry  to  the  working  places  the  amount  of  air 
required  by  law. 

(g)  All  possible  care  and  diligence  shall  be  exercised  in  the  ex- 
amination of  working  places,  especially  for  the  investigation  and  detec- 
tion of  explosive  gases  therein,  and  where  found,  such  gas  shall  be 
removed  by  a  special  current  of  air  produced  by  bratticing  or  from  a 
pipe,  before  men  are  permitted  to  work  in  such  places  with  other  lights 
than  safety  lamps. 

(h)  If,  in  any  mine,  the  conditions  are  such  that  in  the  judgment 
of  the  mine  manager  or  the  judgment  of  the  State  Mine  Inspector  ex- 
pressed in  writing,  it  is  necessary  to  use  safety  lamps  only  in  working 
said  mine,  other  lights  shall  not  be  used  therein:  Provided,  however, 
that  if  in  the  opinion  of  the  miners  or  operators,  an  injustice  has  been 
done  by  ordering  said  mine  to  use  safety  lamps  only,  the  miners  or 
operators  have  a  right  to  appeal  to  the  Department  of  Mines  and 
Minerals,  its  decision  in  the  case  to  be  final. 

(i)  The  air  from  the  outlet  of  the  stable  shall  not  pass  into  the 
intake  air  current  used  for  ventilating  the  working  parts  of  the  mine. 

(j)  All  doors  in  mines,  used  in  guiding  and  directing  the  venti- 
lating currents  shall  be  hung  and  adjusted  so  as  to  close  automatically. 

(k)  At  all  doors  through  which  three  or  more  drivers  are  hauling 
coal  on  any  one  shift,  an  attendant  shall  be  employed  on  said  shaft 
[shift]  for  the  purpose  of  opening  and  closing  said  doors  when  trips  of 


660  MINES   AND   MINING. 


cars  are  passing  to  and  from  the  workings:  Provided,  the  mine  in- 
spector in  case  of  specially  dangerous  conditions,  shall  have  power  to 
require  in  writing  that  an  attendant  be  placed  at  doors  through  which 
less  than  three  drivers  shall  pass.  Places  for  shelter  shall  be  provided 
at  such  doorways  to  protect  the  attendants  from  being  injured  by  the 
cars  while  attending  to  their  duties :  Provided,  that  in  any  or  all  mines, 
where  doors  are  constructed  in  such  a  manner  as  to  open  and  close 
automatically,  attendants  and  places  for  shelter  shall"  not  be  required. 

(1)  If  the  inspector  shall  find  men  working  without  the  amount 
of  air  required  by  law,  he  shall  at  once  notify  the  mine  manager  to 
increase  the  amount  of  air  in  accordance  with  the  law.  Upon 
failure  or  refusal  of  the  manager  to  act  promptly,  and  in  all  cases 
where  men  are  endangered  by  such  lack  of  air,  the  inspector  shall  at 
once  order  the  men  affected  out  of  the  mine. 

(m)  In  case  the  passageways,  roadways  or  entries  of  any  mine  are 
so  dry  that  the  air  becomes  charged  with  dust,  the  operator  of  such 
mine  must  have  such  roadways  regularly  and  thoroughly  sprayed, 
sprinkled  or  cleaned. 

(n)  At  all  mines  employing  over  one  hundred  (100)  men  under- 
ground and  in  all  mines  generating  fire  damp,  the  ventilating  fan  shall 
be  run  both  day  and  night;  at  all  mines  employing  less  than  one  hun- 
dred (100)  men  underground,  the  fan  shall  be  run  at  its  usual  speed  for 
six  (6)  hours  before  men  go  into  the  mine  to  work.  A  recording 
pressure  gauge  shall  be  maintained  in  connection  with  each  fan  at  all 
times :  Provided,  nothing  in  this  clause  shall  apply  to  mines  employing 
ten  men  or  less. 

(o)  In  all  mines  where  closed  electric  lamps  are  used  exclusively, 
a  sufficient  number  of  practical,  experienced  miners  shall  be  employed 
by  the  company,  whose  duty  it  shall  be  to  examine  the  mine  for  noxious 
or  inflammable  gases  while  men  are  working  therein;  and,  further  pro- 
vided, that  the  mine  shall  be  examined  by  a  competent  person  with  a 
safety  gas  testing  lamp  on  idle  clays,  holidays  and  Sundays  preceding 
the  time  the  night  shift  goes  on  duty. 

§  19.  (a)  No  blasting  powder,  or  other  explosives,  shall  be 
stored  in  any  coal  mine,  and  no  workman  shall  have  at  any  time  in  the 
mine  more  than  thirty-five  pounds  of  black  powder  nor  more  than 
twenty-five  pounds  of  permissible  explosives,  nor  more  than  three  pounds 
of  other  high  explosives :  Provided,  that  nothing  in  this  section  shall 
be  construed  to  prevent  the  operator  of  any  mine  from  taking  into  the 
mine,  when  miners  are  not  therein,  and  in  electrically  equipped  mines, 
while  the  current  is  turned  off  on  roadways  through  which  it  is  trans- 
ported, a  sufficient  quantity  of  powder  for  the  reasonable  requirements 
of  such  mine  for  the  next  succeeding  working  day.  The  delivery  of 
powder  into  coal  mines  shall  be  during  the  interval  after  the  shot  firers 
have  come  out  of  the  mine  and  prior  to  the  entry  of  the  day  shift  into 
the  mine  in  the  morning;  but  in  the  interim  before  such  powder  is 
delivered  to  the  men,  it  shall  be  kept  in  a  closed  receptacle. 

Explosives  shall  not  be  carried  in  the  same  car  with  tools  or  other 
materials. 


MINES    AND    MINING.  661 


(b)  Every  person  who  has  powder  or  other  explosives  in  a  mine 
shall  keep  the  same  in  a  wooden  box  securely  locked,  with  hinged  lid, 
and  said  box  shall  be  kept  as  far  as  practicable  from  the  track;  and  all 
powder  boxes  shall  be  kept  as  far  as  practicable  from  each  other  and 
each  in  a  scheduled  place.  Black  powder  and  high  explosives  or  caps 
shall  not  be  kept  in  the  same  box.  Detonating  explosives  and  detonators 
shall  not  be  kept  in  the  same  box. 

(c)  Whenever  a  workman  is  about  to  open  a  box  or  keg  contain- 
ing powder  or  other  explosives,  and  while  handling  the  same,  he  shall 
place  and  keep  his  lamp  at  least  five  feet  distant  from  said  explosive,  and 
in  such  position  that  the  air  current  can  not  convey  sparks  to  it,  and 
no  person  shall  approach  nearer  than  five  feet  to  an  open  box  containing 
an  open  keg  of  powder  or  other  explosive  with  a  lighted  lamp,  lighted 
pipe  or  other  thing  containing  fire.  No  miner,  workman  or  other  per- 
son shall  open  any  receptacle  containing  an  explosive  except  by  the 
means  of  opening  the  same  provided  by  the  manufacturer  thereof,  and 
it  shall  be  unlawful  for  any  person  to  have  in  his  possession  in  any  mine 
any  receptacle  containing  explosive  which  has  been  opened  in  violation 
of  this  Act. 

(d)  The  quantity  of  powder  to  be  used  in  the  preparation  of  shots 
shall  not,  in  any  case,  exceed  five  (5)  standard  chargers  full  of  powder 
in  coal  seams  five  and  one-half  (5%)  feet  or  over  in  thickness;  and 
shall  not,  in  any  case,  exceed  four  (4)  standard  chargers  full  of  powder 
in  coal  seams  under  five  and  one-half  (5^4)  feet  in  thickness. 

(e)  For  the  purpose  of  determining  the  quantity  of  powder  to  be 
used  in  the  preparation  of  any  given  shot,  a  standard  charger  is  defined 
and  prescribed  to  be  a  cylindrical  metallic  charger  not  to  exceed  twelve 
(12)  inches  in  length  and  not  to  exceed  one  and  one-half  (IV2)  inches 
in  diameter. 

(f)  No  person  shall  drill  or  shoot  a  dead  hole  as  hereinafter  de- 
fined. A  "dead  hole"  is  a  hole  where  the  width  of  the  shot  at  the  point 
measured  at  right  angles  to  the  line  of  the  hole  is  so  great  that  the  heel 
is  not  of  sufficient  strength  to  at  least  balance  the  resistance  at  the  point. 
The  heel  means  that  part  of  the  shot  which  lies  outside  of  the  powder. 

In  solid  shooting,  the  width  of  the  shot  at  the  point,  in  seams  of 
coal  six  (6)  feet  or  less  in  height,  shall  not  be  greater  than  the  height 
of  the  coal,  and  in  seams  of  coal  more  than  six  (6)  feet  in  thickness, 
the  width  of  the  shot  at  the  point  shall,  in  no  case,  be  more  than  six 
(6)  feet. 

In  undercut  coal,  no  hole  shall  be  drilled  "on  the  solid"  for  any  part 
of  its  length. 

(g)  In  no  case  shall  more  than  one  kind  of  explosive  be  used  in 
the  same  drill  hole. 

(h)  The  needle  used  in  preparing  a  blast  shall  be  made  of  copper, 
and  any  metallic  tamping-bar  or  scraper  which  is  used  for  placing  ex- 
plosives for  shots  shall  be  tipped  with  at  least  five  inches  of  copper.  A 
scraper  shall  not  be  used  for  tamping. 

(i)  Every  blasting  hole  shall  be  tamped  full  from  the  explosive  to 
the  mouth  of  the  hole,  and  no  coal  dust  or  anv  material  that  is  in- 


662  MINES   AND   MINING. 


flammable  or  that  may  create  a  spark,  whether  the  same  shall  be  wet 
or  dry,  shall  be  used  for  tamping. 

(j)  When  a  squib  is  used  to  fire  a  shot  it  shall  be  unlawful  to 
shorten  or  oil  the  match  of  the  squib  or  to  ignite  it  except  at  the  end. 

(k)  Before  firing  a  shot,  the  person  firing  the  same  shall  see  that 
all  persons  are  out  of  danger  from  the  probable  effects  of  such  shot,  and 
shall  take  measures  to  prevent  any  one  approaching  by  shouting  "fire" 
before  lighting  the  same. 

(1)  Not  more  than  one  shot  shall  be  lighted  at  the  same  time  in 
any  working  place  unless  the  firing  is  done  by  electricity  or  by  fuses 
of  such  length  that  the  interval  between  the  explosions  of  any  two 
shots  shall  be  not  less  than  one  minute,  and  in  no  case  shall  any  shot 
or  shots  be  fired  or  lighted  which  are  termed  depending  or  dependent 
shots,  until  after  the  expiration  of  ten  minutes  from  the  successful  firing 
of  the  relieving  shot  or  shots.  When  successive  shots  are  to  be  fired  in 
any  working  place  in  which  the  roof  is  broken  or  faulty,  the  smoke  shall 
be  allowed  to  clear  away  and  the  roof  examined  and  made  secure 
between  shots. 

(m)  No  person  shall  return  to  a  missed  shot,  if  lighted  with  a 
squib,  until  five  (5)  minutes  have  elapsed  from  the  time  of  lighting  the 
same,  or,  if  lighted  with  fuse,  until  the  following  day;  and  no  person 
shall  return  to  a  missed  shot  when  the  firing  is  done  by  electricity  unless 
the  wires  are  disconnected  from  the  battery. 

(n)  No  missed  shot  shall  be  withdrawn  excepting  by  the  use  of 
coppertipped  or  wooden  tools. 

(o)  Where  shot  firers  are  employed  and  fuse  is  used  to  fire  shots, 
the  length  of  the  fuse  shall  be  not  less  than  three  and  one-half  (3%) 
feet  outside  the  powder. 

§  20.     (a)     It  shall  be  the  duty  of  the  mine  manager: 

1.  To  visit  each  working  place  in  the  mine  at  least  once  in  two 
weeks. 

2.  To  provide  a  suitable  checking  system  whereby  the  entrance 
into  and  departure  from  the  mine  of  each  employee  shall  be  indicated. 

3.  To  have  the  underground  working  of  the  mine  examined  by  a 
certificated  mine  examiner  within  eight  hours  preceding  every  day  upon 
which  the  mine  is  to  be  operated.  Such  a  mine  examiner  shall  make 
the  examination  as  provided  in  this  Act,  and  he  shall  enter  his  report 
thereof  with  indelible  pencil  or  ink  in  a  well  bound  or  properly  pro- 
tected loose  leaf  book  provided  for  that  purpose,  before  the  men  are 
permitted  to  enter  the  mine  in  the  morning.  This  book  shall  be  kept 
in  some  convenient  place  on  top,  but  not  in  the  engine  room,  for  the 
information  of  the  inspector  and  other  persons  interested  therein. 

4.  To  examine  the  mine  examiner's  report  in  the  morning,  and 
if  the  working  places  are  reported  dangerous,  he  shall  withhold  the 
entrance  checks  of  men  working  in  such  places  until  he  has  taken 
every  proper  precaution  to  advise  such  men  of  the  danger  and  instructed 
them  not  to  work  in  such  places  until  the  reported  danger  has  been 
removed,  except  for  the  purpose  of  removing  same. 


MINES    AND    MINIXfl.  663 


5.  When  there  is  to  be  a  night  shift  mining  coal,  the  mine  man- 
ager shall  require  the  places  in  which  such  night  shift  are  expected 
to  work  to  be  examined  for  gas,  or  falls  or  dangerous  roof,  by  the 
person  in  charge  of  such  night  shift  or  some  competent  person  duly 
authorized  by  him  before  the  men  enter  such  places  for  work.  The 
night  shift  may  go  into  the  mine  while  the  night  examiner  is  in  the 
mine,  excepting  in  mines  where  marsh  gas  has  been  detected  in  danger- 
ous quantities,  provided  they  do  not  go  into  the  working  places  until 
the  required  examination  is  made. 

Certificated  mine  examiners  shall  not  be  required  for  the  exam- 
ination preceding  the  night  shift,  excepting  in  mines  where  marsh  gas 
is  detected  in  dangerous  quantities.  The  night  examiner,  or  examin- 
ers, shall  make  a  record  of  their  examination  in  a  special  book  kept 
for  that  purpose,  which  shall  be  kept  in  some  convenient  place  on 
top  when  not  in  use  by  the  examiner. 

6.  He  shall  provide  a  sufficient  number  of  props,  caps  and  tim- 
bers, when  demanded,  delivered  on  the  miners'  cars  at  the  usual  place, 
in  suitable  lengths  and  dimensions  for  the  securing  of  the  roof  by 
the  miners. 

7.  He  shall  see  that  the  cross-cuts  are  made  at  proper  distances 
apart,  and  that  the  necessary  doors,  curtains,  and  batteroes  [batteries] 
are  provided  to  secure  the  men  in  the  mine  the  volume  of  air  required 
by  this  Act,  or  by  the  written  demands  of  the  mine  inspector ;  also,  that 
all  stoppings  along  air-ways  are  properly  and  promptly  built. 

8.  He  shall  keep  careful  watch  over  all  ventilating  apparatus,  and 
the  air  currents  in  the  mine,  and  in  case  of  accident  to  fan  or  machin- 
ery by  which  the  air  currents  are  stopped  or  materially  obstructed, 
he*  shall  at  once  order  the  withdrawal  of  the  men  from  the  mine  and 
prohibit  their  return  until  the  required  ventilation  has  been  re-estab- 
lished. 

9.  He  shall  measure  the  air  current  or  cause  the  same  to  be 
measured  at  least  once  each  week  at  the  inlet  and  outlet,  also  at  the 
last  open  cross-cut  in  each  division  or  split,  and  shall  keep  a  record 
of  such  measurements  for  the  information  of  the  mine  inspector. 

10.  He  or  his  assistants  shall,  at  least  once  a  week,  examine  the 
escapement  shaft  and  the  roadways  leading  thereto  and  all  other  open- 
ings for  the  safe  exit  of  men  to  the  surface ;  and  shall  make  a  record 
of  any  obstructions  or  other  unsafe  conditions  existing  therein,  and 
cause  the  same  to  be  promptly  removed. 

11.  He  shall  examine  or  designate  a  competent  person  to  exam- 
ine the  hoisting  ropes,  cages  and  safety  catches  every  morning,  and 
shall  require  the  ropes  to  be  tested  by  hoisting  the  cages  before  the 
men  are  lowered. 

12.  He  must  see  that  the  top  man  and  bottom  man  are  on  duty 
and  that  sufficient  lights  are  maintained  at  the  top  and  bottom  landings 
when  the  miners  are  being  hoisted  and  lowered. 

13.  The  mine  manager  or  his  assistant  shall  be  at  his  post  at 
the  mine  when  the  men  are  lowered  into  the  mine  in  the  morning  for 
work,  and  shall  remain  at  night  until  all  the  men  employed  during 
the  dav  shall  have  been  hoisted  out. 


664  MINES   AND   MINING. 


14.  He  shall  give  special  attention  to  and  instructions  concerning 
the  proper  storage  and  handling  of  explosives  in  the  mines. 

15.  He  shall  see  that  all  dusty  haulage  roads  are  regularly  and 
thoroughly  sprayed,  sprinkled  or  cleaned  at  regular  intervals  when  the 
health  and  safety  of  the  men  in  the  mines  demand. 

(b)      The  mine  manager  shall  have  power: 

1.  To  instruct  employees  as  to  their  respective  duties  and  to  re- 
quire of  all  employees  obedience  to  the  provisions  of  the  mining  law. 

2.  To  prescribe  special  rules  concerning  the  proper  storage  and 
handling  of  explosives  in  the  mine  and  concerning  the  time  and  man- 
ner of  placing  and  discharging  the  blasting  shots,  and  it  shall  be  un- 
lawful for  any  miner  to  fire  shots  except  according  to  such  rules. 

3.  In  mines  in  which  the  works  are  so  extensive  that  all  the  duties 
devolving  upon  the  mine  manager  cannot  be  discharged  by  one  man, 
competent  persons  may  be  designated  and  appointed  as  assistants  to  the 
mine  manager,  who  shall  exercise  his  functions  under  the  mine  man- 
agers' instructions. 

§  21.  (a)  A  certificated  mine  examiner  shall  be  required  at 
all  coal  mines.  There  shall  be  one  or  more  additional  certificated  mine 
examiners  whenever  required  in  writing  by  State  mine  inspectors  when 
the  conditions  are  such  as  to  make  the  employment  of  such  additional 
mine  examiners  necessary. 

(b)      It  shall  be  the  duty  of  the  mine  examiner: 

1.  To  examine  the  underground  workings  of  the  mine  within 
eight  hours  preceding  the  time  the  day  shift  goes  on  duty,  every  day 
upon  which  the  mine  is  to  be  operated,  excepting  that  when  in  the 
judgment  of  the  State  Mine  Inspector  expressed  in  writing  to  the  coal 
operator,  a  mine  generates  explosive  gas  in  dangerous  quantities,,  a 
State  mine  inspector  shall  require  the  mine  to  be  examined  for  gas 
in  such  manner  and  at  such  shorter  intervals  than  eight  hours  before 
the  time  the  day  shift  goes  on  duty  every  day  upon  which  the  mine 
is  to  be  operated,  as  may  be  necessary  to  insure  the  safety  of  the  men 
working  in  such  mine.  In  all  mines  where  closed  electric  lamps  are 
used  exclusively,  said  mines  shall  be  examined  within  four  hours  pre- 
ceding the  time  the  day  shift  goes  on  duty. 

2.  When  in  the  performance  of  his  duties,  to  carry  with  him  a 
safety  lamp  in  proper  order  and  condition  and  a  rod  or  bar  for  sound- 
ing the  roof. 

3.  To  see  that  the  air  current  is  traveling  in  its  proper  course 
and  in  proper  quantity ;  and  to  measure  with  an  enemometer  the  amount 
of  air  passing  in  the  last  cross-cut  or  break-through  of  each  pair  of 
entries,  or  in  the  last  room  of  each  division  in  long-wall  mines,  and 
at  all  other  points  where  he  may  deem  it  necessary;  and  to  note  the 
result  of  such  measurements  in  the  mine  examiner's  books  kept  for 
that  purpose. 

4.  To  inspect  all  places  where  men  are  required  in  the  perform- 
ance of  their  duties  to  pass  or  to  work,  and  to  observe  whether  there 
are  any  recent  falls  or  dangerous  roof  or  accumulations  of  gas  or 
dangerous  conditions  in  rooms  or  roadways;  and  to  examine  especially 
all  roadways  leading  to   escapement  shafts  or  other  openings  for  the 


MINES   AND   MINING.  065 


safe  exit  of  men  to  the  surface,  the  edges  and  accessible  parts  of  re- 
cent falls  and  old  gobs  and  air-courses. 

5.  As  evidence  of  his  examination  of  said  rooms  and  roadways, 
to  inscribe  in  some  suitable  place  on  the  walls  of  each,  not  on  the  face 
of  the  coal,  with  chalk,  the  month  and  the  day  of  the  month  of  his 
visit. 

6.  When  working  places  are  discovered  in  which  there  are  recent 
falls  or  dangerous  rook  [roof]  or  dangerous  conditions,  to  place  a 
conspicuous  mark  or  sign  thereat  as  notice  to  all  men  to  keep  out;  and 
in  case  of  accumulation  of  gas,  to  place  at  least  two  conspicuous  ob- 
structions across  the  roadway  not  less  than  twenty  feet  apart,  one  of 
which  shall  be  outside  the  last  open  cross-cut. 

7.  Upon  completing  his  examination,  to  make  ja  daily  record  of 
the  same  in  a  book  kept  for  that  purpose,  for  the  information  of  the 
company,  the  inspector  and  all  other  persons  interested;  and  this  record 
shall  be  made  each  morning  before  the  miners  are  permitted  to  enter 
the  mine. 

8.  To  take  into  his  possession  the  entrance  checks  of  all  men 
whose  working  places  have  been  shown  by  his  examination  and  record 
to  be  dangerous,  and  to  give  such  entrance  checks  to  the  mine  manager 
before  the  men  are  permitted  to  enter  the  mine  in  the  morning. 

§  27.  (a)  The  operator  of  every  coal  mine  where  miners  are 
paid  by  the  weight  of  their  output,  shall  provide  at  such  mine  suitable 
and  accurate  scales  for  the  weighing  of  such  coal,  and  a  correct  record 
shall  be  kept  of  all  coal  so  weighed  and  said  record  shall  be  open  at 
all  reasonable  hours  to  the  inspection  of  miners  and  others  interested 
in  the  product  of  said  mine.  The  operator  shall  provide  at  such  mine 
not  less  than  one  thousand  (1,000)  pounds  of  Uniter  [United]  States 
standard  weights. 

(b)  The  person  authorized  to  weigh  the  coal  and  keep  the  record 
as  aforesaid  shall  be  a  citizen  of  the  United  States,  and  shall,  before 
entering  upon  his  duties,  make  and  subscribe  to  an  oath  before  some 
person  duly  authorized  to  administer  oaths,  that  he  will  accurately 
weigh  and  carefully  keep  a  true  record  of  all  coal  weighed,  and  such 
affidavit  shall  be  kept  conspicuously  posted  at  the  place  of  weighing. 

(c)  The  miners  at  work  in  any  coal  mine  may  employ  a  check 
weighman  at  their  option  and  at  their  own  expense,  whose  duty  it 
shall  be.  to  balance  the  scales  and  see  that  the  coal  is  properly  weighed, 
and  that  a  correct  account  of  the  same  is  kept,  and  for  this  purpose 
he  shall  have  access  at  all  times  to  the  beam  box  of  said  scales,  and  be 
afforded  every  facility  for  verifying  the  weights  while  the  weighing  is 
being  done.  The  check  weighman  so  employed  by  the  miners  shall 
be  a  citizen  of  the  United  States,  and,  before  entering  upon  his  duties, 
shall  make  and  subscribe  to  an  oath  before  some  person  duly  authorized 
to  administer  oaths,  that  he  will  faithfully  discharge  his  duties  as 
check  weighman,  and  such  oath  shall  be  kept  conspicuously  posted  at 
the  place  of  weighing. 

Approved   June    28,    191.9. 


666  MONUMENTS    AND   MEMORIALS. 


MONUMENTS  AND  MEMOEIALS. 


IN  MEMORY  OP  SOLDIERS  AND  SAILORS. 

§   1.     Proposition  to   be   submitted   upon        §  5.     County    to    appropriate    money    to 
petition  —  may    levy    additional  cover  deficiency  in  cost  of  main- 
tax —  memorial     to     be     under  tenance. 
supervision   of  county  board. 

§  6.     To  be  deemed  county  property  and 

§   2.     County    may    contribute  —  subject  exempt  from  taxation. 


§   7.     Repeal. 


to  certain  conditions. 

§   3.     County  may  enter  into  lease 

§   4.     Space    may    be    set    aside    for    use 
without  charge. 

(Senate  Bill  No.   315.     Approved  June  28,   1919.) 

An  Act  to  authorize  counties  to  erect  or  assist  in  the  erection  of  monu- 
ments or  memorial  buildings  in  honor  of  their  soldiers  and  sailors. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  upon  the  petition  of  two 
hundred,  or  more,  legal  voters  of  a  county  being  filed  with  the  county 
clerk  thirty  days  prior  to  any  county  election,  praying  that  the  proposi- 
tion of  erecting  or  completing  a  monument  or  memorial  building  in 
honor  of  its  soldiers  and  sailors  at  the  county  seat  be  submitted  to  a 
vote  of  the  people  of  such  county,  such  proposition  shall  be  submitted 
.to  a  vote  of  the  people  at  the  next  ensuing  county  election.  Such  propo- 
sition shall  be  clearly  indicated  upon  the  ballot,  and  two  spaces  left 
upon  the  margin,  one  for  votes  favoring  the  proposition,  to  be  indi- 
cated by  the  word  "Yes,"  and  one  for  votes  opposing  the  proposition, 
to  be  indicated  by  the  word  "No,"  as  in  the  form  herein  given. 


Proposition  for  the  erection  of  a  monument  Yes 

or    memorial    buildine:    in    honor    of    the 


soldiers  and  sailors  of  the  county.  No 


The  elector  shall  designate  his  vote  by  a  cross  mark  thus,  (X), 
and  no  ballot  which  has  not  a  cross  ormosite  the  word  "yes"  or  "no" 
shall  be  counted  either  for  or  against  the  proposition. 

If  a  majority  of  all  the  votes  cast  at  such  election  are  in  favor 
thereof,  it  shall  be  the  duty  of  the  board  of  supervisors  or  board  of 
county  commissioners,  as  the  case  may  be,  of  such  county,  within  one 
year  after  such  election,  to  appropriate  sufficient  funds  to  erect  a  suit- 
able monument  or  a  suitable  memorial  building,  and  purchase  a  site 
therefor,  if  necessary,  at  the  county  seat,  in  honor  of  its  soldiers  and 
sailors.  If  the  revenues  of  the  coimtv  under'  the  general  tax  levy  shall 
be  insufficient  to  provide  for  the  erection  of  such  building  and  the  pur- 
chase of  a  site  therefor,  if  necessary,  the  board  of  supervisors  or  board 
of  county  commissioners,  as  the  case  may  be,  may  also  at  the  same  elec- 
tion submit  to  the  voters  the  proposition  of  levying  an  additional  tax 
and  issuing  bonds  therefor  in  the  manner  provided  by  sections  27  and 
28  of  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  coun- 
ties," approved  and  in  force  March  31,  1874,  as  amended. 


MONUMENTS    AND    MEMORIALS.  667 


If  a  memorial  building  shall  be  erected  the  same  shall  be  under 
the  supervision  and  control  of  such  county  board,  and  it  shall  be  law- 
ful for  such  county  board  to  permit  such  use  of  the  building  as  it 
deems   advisable. 

§  2.  Whenever  the  people  of  any  county  shall  desire  to  erect,  or 
contribute  to  the  erection  of  a  memorial  building  in  honor  of  their  sol- 
diers and  sailors  and  shall  procure  bona  fide  subscription  to  the  extent 
of  two-thirds  of  the  estimated  cost  thereof,  it  shall  be  lawful  for  any 
county  by  a  two-thirds  vote  of  the  board  of  supervisors  or  board  of 
county  commissioners,  as  the  case  may  be,  to  contribute  such  sum  or 
sums  of  money  toward  the  cost  of  erecting  such  a  memorial  building 
not  exceeding  one-third  of  the  cost  thereof,  as  shall  be  deemed  discreet 
and  proper :  Provided,  that  such  contribution  shall  be  made  subject 
to  the  following  conditions:  (1)  said  building  shall  be  constructed  in 
accordance  with  plans,  approved  by  such  county  board ;  ( 2 )  when 
erected,  shall  be  forever  used  exclusively  for  public  or  civic  purposes; 
and  (3)  if,  at  any  time  after  the  construction  thereof,  it  shall  cease 
to  be  used  for  such  purposes,  it  and  the  property  upon  which  it  is 
situate,  shall  revert  to  and  become  the  property  of  said  county. 

§  3.  If  any  county  shall  own  and  possess  any  real  estate  suit- 
able for  a  site  for  a  memorial  building,  it  shall  be  lawful  for  the  board 
of  supervisors  or  board  of  county  commissioners,  as  the  case  may  be, 
by  two-thirds  vote,  to  enter  into  a  lease  for  a  period  not  exceeding  ninety- 
nine  years,  by  which  said  real  estate  may  be  leased  to  the  organiza- 
tion or  individuals  contemplating  the  erection  of  a  memorial  building 
through  private  donations  or  contributions :  Provided,  the  amount 
contributed  or  donated  by  public  subscriptions  for  such  purpose  shall 
be  equal  to  at  least  double  the  value  of  such  real  estate:  Provided, 
further,  that  said  lease  shall  provide  that  said  building  shall,  when 
erected,  be  used  exclusively  for  public  or  civic  purposes,  and  that  upon 
the  expiration  of  said  lease,  or  the  violation  of  any  of  its  terms  or 
conditions,  the  improvements  thereon  shall  revert  to  and  become  the 
property  of  said  county. 

§  4.  Available  space  in  memorial  buildings  constructed  under  the 
provisions  of  this  Act,  mav  be  set  aside  for  the  use  of  organizations 
of  honorably  discharged  soldiers  and  sailors  of  the  United  States  with- 
out charge. 

Boys'  clubs,  associations  of  commerce,  civic  improvement  and 
health  bodies,  farm  bureaus  and  other  similar  non-partisan  and  non- 
sectarian  organizations,  not  organized  for  profit,  shall  be  deemed  within 
the  meaning  of  the  words  "public  or  civic  ourposes,"  and  available  space 
in  such  memorial  buildings  may  be  rented  or  leased  at  a  reasonable 
rental  to  any  such  organization. 

§  5.  Whenever  any  memorial  building  is  erected  through  private 
subscriptions,  as  herein  provided,  it  shall  be  lawful  for  the  board  of 
supervisors  or  board  of  county  commissioners,  as  the  case  may  be.  to 
appropriate  such  sums  of  money  from  year  to  year  as  it  may  deem 
reasonable  and  proper  to  cover  any  deficiency  in  the  cost  of  the  main- 
tenance  thereof. 


668 


MOTOR   VEHICLES. 


§  6.  Memorial  buildings  erected  in  accordance  with  the  provisions 
of  this  Act  shall  be  deemed  county  property  and  shall  be  exempt  from 
taxation. 

§  7.  An  Act  entitled,  "An  Act  to  authorize  counties  to  erect 
monuments  or  memorial  buildings  in  honor  of  its  soldiers  and  sailors/' 
approved  April  22,  1899,  in  force  July  1,  1899,  is  repealed. 

Approved  June  28,  1919. 


MOTOK  VEHICLES. 


REVISION  OF  LAW. 


9. 
10. 
11. 

12. 
13. 

14. 

15. 

16. 


§   17. 


Term  defined. 

Act  designated  —  vehicle  divi- 
sions. 

Maximum  gross  load — exceptions 
— maximum  width  —  weight 
and  maximum  load  plate  — 
length  of  combined  vehicle  and 
trailers — special   permits. 

Projections  on  metal  tired  road 
wheels     prohibited — exceptions. 

Tire  material  required  —  excep- 
tions. 

Non-slip  devices  prohibited — ex- 
ceptions. 

Use  of  metal  tired  vehicles — pro- 
tecting pavements. 

Registration  by  owner  —  fees  — 
copies  of  lists  of  registration 
and  how  distributed  : —  fee  for 
other  copies. 


License     fees     for 
sion   vehicles. 


second     divi- 


Payment  before  use  of  vehicles 
on  public  highways  of  State. 

Violations  —  penalties,  costs  and 
damages — lien — provisions. 

Transfer  of  ownership — report  to 
Secretary   of    State. 

Secretary  of  State  to  institute 
suits. 

Number  plates — where  displayed 
— specifications. — other  identi- 
fications. 

Misuse   of  plates — penalty. 

Lighted  lamps — colors  of  lights 
and  where  used — legibility  of 
number — when  to  dim  electric 
headlights. 

Registration  by  manufacturers 
and  dealers  —  fee  —  duplicate 
number  plates  —  where  dis- 
played— purchaser's  use  of  ve- 
hicle without  plates  limited — 
bill  of  sale — copies  of  lists  of 
registration  and  how  dis- 
tributed. 


18. 
19. 


§    25 
§   26 


,  28. 

29. 


32. 
33. 


Fictitious  number  —  application 
for   re-registration. 

Sale — statement  to  Secretary  of 
State  —  bill  of  sale  —  fee  as- 
signment —  registration  fees 
paid  by  State,   etc. 


How      applied 
owners. 


to      non-resident 


Brakes — signal  devices  —  attend- 
ant necessary  when  machinery 
in   motion. 

Reasonable  speed  for  vehicles  of 
first   division. 

Speed  regulations  for  vehicles  of 
second   division. 

Regulations  modified  —  exemp- 
tions— special  permits — certain 
season,  notice,  embargo  limited. 

Racing  on   public  highway. 

Other  taxes  or  license  fees — how 
to  be  used — -numbers  displayed 
— speed — exclusion  of  vehicles 
from  cemeteries — traffic  regu- 
lations. 

Chauffeurs  defined  —  application 
for  license  —  examinations  — 
distinguishing  number  —  con- 
tents of  license — endorsement 
— fee — record — lists  furnished 
certain  officers — application  to 
non-resident  chauffeurs  —  re- 
newal   license — cancellations. 

Chauffeur's  badge — unlawful  use. 

Chauffeur  or  operator  must  be 
licensed. 

Use  of  vehicles  without  owner's 
consent  and  bonus,  or  other 
consideration.'  on  purchase  of 
supplies  or   parts  prohibited. 

Operators  under  certain  age  re- 
stricted. 

Trespassing  —  penalty  —  excep- 
tions. 

Right  of  way  —  traffic  regula- 
tions. 


MOTOR   VEHICLES.  609 


REVISION  OP  LAW— Concluded. 

§    34.      A'tering     engine     number  —  con-  §    41.      Intoxicated     op?rators — pena 
cealing     identity — felony — pen- 
alty. S    4  2.     Right   to   damage. 

§   35.     Vehicle  with  altered  or  no  engine'       §    43.     Penalties — disposition    of    fines — 
number — penalties — provisions  who    shall     prosecute  —  special 

for    special    number — duties    of  investigators,    without   compen- 

certam   officers.  sation. 

§   3  6.     Disposition  of  fees.  §   44       public    highways    and    local    au- 

„    or,      t,  ,   .     ,      ,  ,,.  thorities  defined. 

§   3i.     Record  to  be  kept  at  public  gar- 
age—duty as  to  altered  engine  §   45       Destruction  of  certain   records, 
number. 


§    46.     Repeals   Act    of    1911. 
§   47.     When   in   force. 


§   38.     Violations — penalties. 

§   39.     Stolen   motor   vehicles — penalties. 

§  40.  Approaching  a  person  or  animal 
—  warning — ■  precaution  —  stop 
in  case  of  injury  —  rules  in 
passing. 

(House  Bill  No.   474.     Approved  June   30,   1919.) 

An  Act  in  relation  to  motor  vehicles  and  to  repeal  a  certain  Act  therein 

named. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly: 

Whenever  the  term  "motor  vehicle"  is  used  in  this  Act,  it  shall  be 
construed  to  include  automobiles,  locomobiles,  motor  bicycles,  tractors, 
traction  engines,  and  all  other  vehicles  propelled  otherwise  than  by 
muscular  power,  and  including  also  vehicles  or  trailers,  or  semi-trailers 
pulled  or  towed  by  a  motor  vehicle,  but  excluding  cars  of  electric  and 
steam  railways  and  other  motor  vehicles  running  only  upon  fixed  rails 
or  tracks.  Nothing  in  this  Act  shall  be  construed  to  apply  to  or  to  affect 
bicycles  or  tricycles  or  such  other  vehicles  as  are  propelled  exclusively  by 
muscular  pedal  power. 

Whenever  the  term  "improved  highway"  is  used  in  this  Act  it 
shall  be  construed  to  include  roads  of  concrete, .  brick,  asphalt,  macadam 
and  gravel. 

§  2.  This  Act  shall  be  known  as  the  "Motor  Vehicle  Law,"  and 
may  hereafter  be  referred  to  by  that  designation.  For  the  purposes  of 
this  Act,  motor  vehicles  as  a  class  shall  be  divided  into  two  divisions; 
viz. : 

First:  Those  vehicles  which  are  designed  and  used  for  the  carry- 
ing of  not  more  than  seven  persons. 

Second :  Those  vehicles  which  are  designed  and  used  for  pulling  or 
carrying  freight  and  also  those  vehicles  or  motor  cars  which  are  designed 
and  used  for  the  carrying  of  more  than  seven  persons. 

§  3.  The  weights  and  dimensions  of  vehicles  of  either  division 
mentioned  in  section  ,2  of  this  Act  shall  be  limited  as  follows,  towit : 

(1)  The  maximum  gross  load  to  be  permitted  on  any  axle  of  any 
vehicle  shall  not  exceed  sixteen  thousand  pounds ;  and  the  gross  weight 
of  any  vehicle,  including  the  weight  of  the  vehicle  and  maximum  load, 
shall  not  exceed  800  pounds  per  inch  of  the  average  width  of  tire  of 
the  road  wheels  of  such  vehicles  in  actual  contact  with  the  surface  of 
the  road. 


670  MOTOR   VEHICLES. 


(2)  Weight  limits  50%  above  those  provided  for  herein 
may  be  permitted  by  ordinance  in  cities  having  a  population  of  more 
than  20,000  but  such  increase  shall  not  apply  to  vehicles  when  outside 
the  limits  of  such  a  city. 

(3)  The  maximum  width  of  any  vehicle  and  its  load  shall  not 
exceed  8  feet,  excepting  loads  of  loose  hay,  straw,  corn  fodder,  or  other 
similar  farm  products. 

(4)  Upon  the  filing  in  the  office  of  the  Secretary  of  State  of  an 
application  for  the  first  registration  of  vehicles  described  in  the  second 
division  of  section  2  of  this  Act,  and  the  payment  of  the  registration 
fee  hereinafter  provided,  the  Secretary  of  State,  or  his  duly  authorized 
agent,  shall  issue  to  such  applicant  in  addition  to  the  regular  number 
plate,  a  metal  plate  which  shall  not  be  less  than  four  inches  long  and 
two  inches  wide,  upon  which  shall  be  impressed,  with  a  metal  die,  the 
weight  in  pounds  of  such  vehicle  and  maximum  load  in  conformity  with 
and  as  provided  by  this  Act,  which  metal  plate  aforesaid  shall  be  at- 
tached to  said  vehicle  in  a  conspicuous  place  and  at  all  times  carried 
thereupon. 

(5)  Where  trailers  are  used  the  length  of  any  vehicle,  or  vehicles, 
combined  with  their  trailers,  shall  not  exceed  65  feet;  provided  that 
upon  application  to  the  highway  or  street  officials  having  proper  juris- 
diction over  a  particular  highway  special  permits  in  writing  may  be 
granted  for  the  operation  of  trains  of  trailers  exceeding  in  length  the 
foregoing,  subject  to  such  conditions  as  such  highway  or  street  officials 
may  prescribe.  On  all  highways  under  the  control  of  or  required  to  be 
maintained  in  whole  or  in  part  by  the  State  such  permission  shall  be 
obtained  from  the  Department  of  Public  Works  and  Buildings. 

§  4.  After  the  passage  and  approval  of  this  Act,  no  metal  tired 
vehicle,  including  tractors,  traction  engines  and  other  similar  vehicles, 
shall  be  operated  over  any  improved  public  highways  of  this  State,  if 
such  vehicle  has  on  the  periphery  of  any  of  the  road,  wheels  any  block, 
stud,  flange,  cleat,  ridge,. bolt,  lug,  or  any  projection  of  metal  or  wood 
which  projects  radially  beyond  the  tread  or  traffic  surface  of  the  tire ; 
except  that  this  prohibition  shall  not  apply  to  tractors  or  traction  engines 
equipped  with  what  is  known  as  caterpillar  tractors,  when  such  cater- 
pillar does  not  contain  any  projections  of  any  kind  likely  to  injure  the 
surface  of  the  road;  provided,  however,  that  tractors,  traction  engines 
and  similar  vehicles  may  be  operated  which  have  upon  their  road  wheels 
V-shaped,  diagonal  or  other  cleats  arranged  in  such  a  manner  as  to  be 
continuously  in  contact  with  the  road  surface,  provided  that  the  gross 
weight  upon  such  wheels  per  inch  of  width  of  such  cleats  in  contact 
with  the  road  surface,  when  measured  in  the  direction  of  the  axle  of  the 
vehicle,  does  not  exceed  800  pounds. 

§  5.  All  motor  vehicles  and  all  trailers  or  other  vehicles  in  tow 
thereof,  or  thereunto  attached,  operating  upon  the  improved  public 
highways,  shall  have  tires  of  rubber  or  some  material  of  equal  resiliency ; 
provided  that  tires  shall  be  considered  defective  and  shall  not  be  per- 
mitted to  be  used  if  the  rubber  or  other  material  has  been  worn  or 
otherwise  reduced  to  a  thickness  of  less  than  three-fourths  of  an  inch  or 


MOTOR   VEHICLES.  071 


if  such  tires  have  been  so  worn  or  otherwise  damaged  as  to  cause  undue 
vibration  when  the  vehicle  is  in  motion  or  to  cause  undue  concentration 
of  the  wheel  load  on  the  surface  of  the  road:  And,  provided  further 
that  this  requirement  shall  not  apply  to  agricultural  tractors  or  traction 
engines  or  to  agricultural  machinery,  including  wagons  being  used  for 
agricultural  purposes  in  tow  thereof,  or  to  trailers  carrying  agricultural 
products  drawn  by  trucks  at  a  speed  not  to  exceed  ten  miles  per  hour 
or  to  road  rollers  or  road  building  machinery. 

§  6.  No  motor  vehicle  shall  be  operated  upon  the  improved  public 
highways  of  the  State  which  shall  be  equipped  with  any  anti-skid  or 
non-slip  device  so  constructed  that  any  rigid  or  non-flexible  portion  of 
same  comes  in  contact  with  the  pavement;  provided  that  this  section 
shall  not  apply  to  agricultural  tractors  or  traction  engines  or  similar 
metal-tired  vehicles  which  have  anti-skid  devices  upon  the  road  wheels 
and  which  are  otherwise  permitted  to  be  used  under  the  provisions  of 
this  Act. 

§  7.  No  tractor,  traction  engine  or  other  metal  tired  vehicle,  weigh- 
ing more  than  four  tons,  including  the  weight  of  the  vehicle  and  its 
load,  shall  drive  up  onto,  off  or  over  the  edge  of  any  paved  public  high- 
way in  this  State,  without  protecting  such  edge  by  putting  down  solid 
planks  or  other  suitable  device  to  prevent  such  vehicle  from  breaking  off 
the  edges  of  corners  of  such  pavement. 

§  8.  Every  owner  of  a  vehicle  of  the  first  division,  as  described 
in  section  2  of  this  Act,  which  shall  be  driven  in  this  State,  shall,  except 
as  otherwise  provided  in  this  Act,  within  ten  days  after  he  becomes  the 
owner  of  such  motor  vehicle  or  motor  bicycle,  file  in  the  office  of  the 
Secretary  of  State  an  application  for  a  certificate  of  registration  prop- 
erly sworn  to,  setting  forth  his  name  and  address,  with  a  brief  descrip- 
tion of  the  vehicle,  or  bicycle,  to  be  registered,  including  the  name  of 
the  maker,  factory  and  engine  numbers,  style  of  vehicle  or  bicycle  and 
the  motor  power  and  (except  in  the  case  of  electrically  propelled  vehicles) 
the  amount  of  such  motor  power  stated  in  figures  of  horse  power,  in 
accordance  with  such  standard  rating  as  may  be  prescribed  by  the  Secre- 
tary of  State,  on  a  blank  to  be  prepared  and  furnished  by  such  Secretary 
of  State  for  that  purpose  and  shall  pay  to  said  Secretary  of  State,  for 
each  calendar  year  from  and  after  January  1,  1920,  a  registration  fee 
for  motor  bicycles  and  motor  vehicles  of  said  first  division,  so  regis- 
tered, at  the  following  rates;  for  each  motor  bicycle,  the  sum  of  $4.00 
per  annum ;  for  each  motor  vehicle  of  25  horsepower,  and  less,  the  sum 
of  $8.00  per  annum ;  for  each  motor  vehicle  of  35  horsepower  and  more 
than  25  horsepower,  the  sum  of  $12.00  per  annum;  for  each  motor 
vehicle  of  50  horsepower  and  more  than  35  horsepower,  the  sum  of 
$20.00  per  annum;  for  each  motor  vehicle  of  more  than  50  horsepower, 
the  sum  of  $25.00  per  annum ;  for  each  and  every  electrically  propelled 
motor  vehicle,  the  sum  of  $12.00  per  annum;  provided,  the  first  regis- 
tration fee  for  each  motor  vehicle  or  motor  bicycle  shall  be  reduced  50 
per  cent  if  payable  during  the  second  half  of  the  calendar  year,  and 
that  no  certificate  for  re-registration  shall  issue  for  a  less  sum  than  the 
fee  required  for  a  calendar  year.     Said  registration  shall  be  made  on  the 


G72  MOTOR   VEHICLES. 


date  the  application  is  received  and  filed  by  the  Secretary  of  State  and 
expire  with  the  last  day  of  the  calendar  year  in  which  such  registration 
is  made.  Upon  the  filing  in  the  office  of  the  Secretary  of  State  of  said 
application  and  the  payment  of  the  registration  fee,  as  hereinbefore  pro- 
vided, the  Secretary  of  State  or  his  duly  authorized  agent,  shall,  without 
further  fee,  assign  to  such  motor  vehicle,  or  motor  bicycle,  as  described 
in  such  application,  a  distinctive  number  and  shall  issue  to  the  owner  of 
such  motor  vehicle  or  motor  bicycle,  as  it  is  described  in  the  application 
filed,  a  certificate  of  registration,  which  certificate  shall  be  in  the  form 
of  a  card,  which  may  be  carried  in  the  pocket,  and  which  certificate 
shall  contain  the  descriptive  number  so  assigned  to  such  motor  vehicle 
or  motor  bicycle,  the  name  and  address  of  the  owner,  a  brief  description 
of  such  motor  vehicle  or  motor  bicycle,  stating  the  name  of  the  manu- 
facturer, the  kind  of  motor  power,  and  the  amount  of  such  motor  power 
stated  in  figures  of  horsepower  or  the  capacity  of  such  motor  vehicle 
or  motor  bicycle  if  electrically  propelled.  Upon  filing  in  the  office  of 
the  Secretary  of  State  an  affidavit  to  the  effect  that  the  original  front 
or  rear  motor  vehicle  number  plate  or  original  motor  bicycle  number 
plate  is  lost,  stolen,  or  destroyed,  a  duplicate  certificate  of  registration 
or  duplicate  motor  bicycle  number  plate  will  be  furnished  at  50  cents 
each  and  a  duplicate  front  and  rear  motor  vehicle  number  plate  will  be 
furnished  at  $1.00  each.  The  Secretary  of  State  shall  keep  separate 
alphabetical  lists  of  all  owners  of  motor  vehicles  of  the  first  division, 
and  all  owners  of  motor  vehicles  of  the  second  division,  with  the 
address  of  each,  the  registration  number,  the  date  of  filing  of  the  appli- 
cation and  the  description  of  the  motor  vehicle  or  motor  bicycle;  and 
shall  not  thereafter  assign  a  number  once  assigned  to  a  motor  vehicle  or 
a  motor  bicycle  owned  by  any  other  person,  if  the  owner  of  the  motor 
vehicle  or  motor  bicycle  to  whom  such  number  was  first  assigned  shall, 
not  less  than  twenty  (20)  days  prior  to  the  clay  of  expiration  of  said- 
registration,  file  an  application  accompanied  by  the  fees  herein  speci- 
fied for  the  registration  or  re-registration  of  a  motor  vehicle  or  motor 
bicycle  and  request  the  assignment  of  said  number  to  a  motor  vehicle 
or  motor  bicycle  owned  by  him.  The  Secretary  of  State,  shall  at  the 
end  of  each  calendar  month,  print  and  mail  to  the  clerks  and  the  sheriffs 
of  all  the  counties  and  to  the  chiefs  of  police  of  cities  and  towns  of  five 
thousand  population  and  over,  in  this  State,  copies  of  lists  of  registra- 
tion made  in  accordance  herewith  showing  the  number  of  motor  vehicles 
and  the  motor  bicycles  and  the  names  and  addresses  of  the  owners 
thereof. 

The  Secretary  of  State,  shall,  upon  payment  of  a  fee  of  $25.00  enter 
the  name  of  the  person,  firm  or  corporation  sending  the  same,  upon  a 
list  to  receive  copies  of  the  lists  'of  registration  provided  for  in  this 
section. 

§  9.  All  vehicles  of  the  second  division  as  described  in  section  2 
of  this  Act.  which  are  designed  or  equipped  or  used  for  carrying  freight, 
and  all  vehicles  of  said  first  division  which  have  been  remodeled  and 
are  being  used  for  carrying  freight,  and  all  vehicles  of  said  second 
division  which  are  used  for  carrying  more  than  seven  persons  shall  pav 


MOTOR    VEHICLES.  073 


to  the  Secretary  of  State  for  each  calendar  year  from  and  after  January 
1,  1920,  license  fees  for  the  use  of  the  public  highways  of  this  State 
at  the  following  rates,  to-wit: 

(a)  Vehicles  having  a  gross  weight  of  five  thousand  (5,000) 
pounds  and  less,  including  the  weight  of  the  vehicle  and  maximum 
load,  $12.00. 

(b)  Vehicles  having  a  gross  weight  of  more  than  five  thousand 
(5,000)  pounds  and  not  more  than  twelve  thousand  (12,000)  pounds, 
including  the  weight  of  the  vehicle  and  maximum  load,  $22.50. 

(c)  Vehicles  having  a  gross  weight  of  more  than  twelve  thousand 
(12,000)  pounds  and  not  more  than  fifteen  thousand  (15,000)  pounds, 
including  the  weight  of  the  vehicle  and  maximum  load,  $35.00. 

(d)  Vehicles  having  a  gross  weight  of  more  than  fifteen  thousand 
(15,000)  pounds  including  the  weight  of  the  vehicle  and  maximum 
load,  $60.00. 

(e)  Tractors,  traction  engines  or  other  similar  vehicles  used  for 
hauling  purposes,  except  as  hereinafter  provided,  shall  pay  a  license  fee 
of  $25.00  per  annum;  provided,  that  none  of  the  vehicles  of  said  second 
division  shall  be  required  to  pay  the  registration  fees  in  section  8  of 
this  Act. 

§  10.  All  license  fees  provided  for  in  section  9  of  this  Act  shall  be 
paid  to  the  Secretary  of  State  in  the  same  manner  and  at  the  same  time, 
and  in  the  same  proportions,  for  fractions  of  a  year,  as  provided  for  in 
section  8  of  this  Act :  Provided,  however,  that  such  license  fees  shall  be 
paid  before  the  vehicles  are  used  on  the  public  highways  of  the  State. 
All  license  fees  provided  for  in  section  9  shall  be  deposited  in  the  State 
treasury  and  become  and  be  a  part  of  the  road  fund  provided  for  in 
section  36  of  this  Act. 

§  11.  Any  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  sections  3,  4,  5,  6,  7,  9,  10,  23,  24  or  33,  shall  be  subject  to 
a  penalty  of  not  less  than  $10.00,  nor  more  than  $100.00,  for  each 
offense,  together  with  costs  of  suit  and  shall  also  be  held  liable  for  the 
payment  of  all  damages  caused  to  any  public  highway  by  such  violation. 
Any  vehicle  used  in  violation  of  any  section  of  this  Act  and  thereby 
causing  damage  to  -any  public  highway  shall  be  subject  to  a  lien  for  the 
full  amount  of  all  unpaid  registration  fees,  license  fees,  penalties  and 
damages ;  provided,  h  owever,  that  such  lien  shall  not  release  the  offender 
from  the  full  payment  of  all  registration  fees,  license  fees,  penalties  and 
damages  which  may  be  due  from  him  or  be  recovered  against  him  in 
any  court  of  competent  jurisdiction  and,  provided,  also,  that  such  lien 
shall  not  be  superior  to  any  chattel  mortgage  or  other  lien  attaching  to 
such  vehicle. 

§  12.  Every  transfer  of  any  vehicle  of  said  second  division  from 
one  owner  to  another  by  sale,  barter  or  otherwise,  shall  be  reported  to  the 
Secretary  of  State  and  be  regulated  and  controlled  as  near  as  may  be 
by  the  provisions  of  section  19  of  this  Act. 

§  13.  The  Secretary  of  State  is  hereby  authorized  and  empowered 
to  institute,  in  the  name  of  the  People  of  the  State  of  Illinois,  a  suit  or 
suits  in  any  court  of  competent  jurisdiction  to  enforce  the  collection  of 
—43  L, 


674  MOTOR   VEHICLES. 


any  registration  fees,  fines,  penalties  or  damages  provided  for  in  this 
Act. 

§  14.  The  Secretary  of  State  shall  supply  and  deliver  to  the  ad- 
dress of  the  owner  of  each  licensed  motor  vehicle  or  motor  bicycle  regis- 
tered in  his  office,  as  herein  provided,  charges  prepaid,  and  without 
additional  cost,  one  number  plate  for  each  motor  bicycle,  which  shall 
be  of  a  size  one-third  of  that  required  for  motor  vehicles,  as  hereinafter 
provided,  and  which  shall  be  conspicuously  displayed  thereon,  and  two 
number  plates  for  each  motor  vehicle  other  than  a  motor  bicycle.  All 
number  plates  issued  during  any  calendar  year  shall  be  of  like  design 
and  color  combination  for  motor  vehicles  in  each  division,  but  the  num- 
ber plates  for  motor  vehicles  in  the  first  division  shall  be  distinctly  dif- 
ferent from  the  number  plates  for  motor  vehicles  in  the  second  division. 
All  such  number  plates  shall  be  as  simple  and  inexpensive  as  may  be  for 
the  purpose  required,  and  the  number  thereon  shall  correspond  with  the 
number  of  the  certificate  of  registration  issued  by  the  Secretary  of  State, 
as  hereinbefore  provided,  and  such  number  plates  shall  be  conspicuously 
displayed  upon  the  front  and  back  of  the  motor  vehicle  to  which  they 
are  assigned  as  herein  provided,  whenever  the  same  shall  be  driven  or 
used  upon  the  public  streets,  roads,  turnpikes,  parks,  parkways,  drives 
or  other  public  highways  in  this  State,  and  shall  be  firmly  attached  to 
the  said  motor  vehicle  so  that  they  will  not  swing  loosely,  and  the  rear 
number  plate  shall  not  be  less  than  twenty  (20)  inches  above  the  surface 
of  the  ground,  and  both  shall  at  all  times  be  kept  clean  and  free  from 
grease  and  dirt.  The  figures  upon  such  number  plates  shall  be  separate 
Arabic  numerals,  not  less  than  four  (4)  inches  in  height,  and  each 
stroke  shall  be  of  a  width  not  less  than  one-half  (%)  inch,  and  said 
number  plates  shall  also  bear  as  a  part  of  such  number  the  letters  "111." 
and  each  of  such  letters  shall  be  not  less  than  one  inch  in  height. 
Such  number  plates  shall  be  of  distinctly  different  color  for  each 
calendar  year,  and  there  shall  be  at  all  times  a  marked  contrast  between 
the  color  of  the  number  plates  and  that  of  the  figures  and  letters  there- 
on :  Provided,  however,  the  same  combination  of  colors  may  be  repeated 
after  the  lapse  of  five  (5)  years  from  the  date  of  their  first  issue.  The 
owner  of  such  motor  vehicle  shall  not  be  required  to  place  any  mark  of 
identity  upon  such  motor  vehicle  or  motor  bicycle  other  than  the  plates 
or  plate  so  delivered  by  the  Secretary  of  State  and  such  tax  or  license 
number  as  may  be  issued  by  the  city,  village,  town  or  other  municipal 
corporation  within  which  such  owner  resides. 

§  15.  Any  person  or  persons  who  shall  cover,  alter,  deface  or  muti- 
late the  license  plate  or  plates  which  are  furnished  by  the  Secretary  of 
Sfete  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  to  exceed  $100.00. 

§  16.  When  upon  any  public  highway  in  this  State,  during  the 
period  from  one  hour  after  sunset  to  sunrise,  every  motor  bi- 
cycle shall  carry  one  lighted  lamp  and  every  motor  vehicle 
two  lighted  lamps  showing  white  lights,  or  lights  of  a  yellow 
or  amber  tint,  visible  at  least  two  hundred  (200)  feet  in 
the  direction  toward  which  each  motor  bic3'cle  or  motor  vehicle 
is    proceeding    and     shall     also    exhibit    at    least    one    lighted    lamp 


MOTOR    VEHICLES.  P>75 


which  shall  be  so  situated  as  to  throw  a  red  light  visible  in  the  reverse 
direction.  The  number  plate  at  the  back  of  the  motor  vehicle  provided 
for  in  section  14  shall  be  firmly  attached  to  the  vehicle,  so  that  it  will 
not  swing  loosely,  and  shall  be  so  lighted  that  the  numbers  on  said  plate 
shall  be  plainly  legible  and  intelligible  at  a  distance  of  fifty  (50)  feet. 
On  approaching  another  vehicle  proceeding  in  an  opposite  direction,  and 
when  within  not  less  than  two  hundred  and  fifty  feet  of  same,  any  person 
in  charge  of  a  motor  bicycle  or  motor  vehicle  equipped  with  electric 
headlight  or  headlights,  shall  dim  or  extinguish  such  headlight  or  head- 
lights: Provided,  however,  that  the  provision  herein  contained  in  regard 
to  dimming  or  extinguishing  of  head  lights  shall  not  apply  when  such 
head  lights  are  equipped  with  an  anti-glare  device  or  lenses  which  pre- 
vent a  glaring '  or  dazzling  light.  During  the  period  from  one  hour 
after  sunset  to  sunrise  every  motor  bicycle  or  motor  vehicle  which  is 
standing  on  any  road,  highway  or  street  shall  display  a  light  on  the 
front  and  at  the  rear  of  the  same. 

§  17.  Every  person,  firm,  association  or  corporation,  manufac- 
turing or  dealing  in  motor  vehicles  may,  instead  of  registering  each 
motor  vehicle  so  manufactured  or  dealt  in,  make  a  verified  application 
upon  a  blank  to  be  furnished  by  the  Secretary  of  State  for  a  general 
distinctive  number  for  all  the  motor  vehicles  owned  or  controlled  by 
such  manufacturer  or  dealer,  such  application  to  contain:  (a)  The 
trade  name  or  names  of  the  make  of  the  motor  vehicle  or  vehicles  manu- 
factured or  dealt  in  by  such  manufacturer  or  dealer,  including  the 
character  of  the  motor  power,  the  amount  of  such  motor  power  (except 
in  case  of  electrically  propelled  motor  vehicles)  stated  in  figures  of  horse 
power,  and  (b)  the  name,  and  business  address  of  such  manufacturer 
or  dealer.  Every  applicant  when  making  such  application  shall  pay  to 
the  Secretary  of  State  a  registration  fee  at  the  following  rates :  For 
each  calendar  year  from  and  after  January  1,  1920,  the  sum  of  $12.00 
per  annum.  Upon  the  payment  of  such  registration  fee  such  application 
shall  be  filed  and  recorded  in  the  office  of  the  Secretary  of  State  in 
the  manner  provided  in  section  8  of  this  Act.  There  shall  thereupon 
be  assigned  and  issued  to  such  manufacturer  or  dealer  a  general  dis- 
tinctive number,  and  without  further  expense  to  him  there  shall  be 
issued  and  promptly  delivered  to  such  manufacturer  or  dealer  at  his 
business  address  a  certificate  of  registration  in  such  form  as  the  Secre- 
tary of  State  shall  prescribe,  and  two  number  plates  with  a  number 
corresponding  with  the  number  of  such  certificate  of  registration.  The 
number  plates  so  issued  shall  be  of  distinctly  different  form  than  those 
provided  for  in  section  14  of  this  Act,  but  shall  correspond  in  color  and 
oize  of  numbers  and  letters  with  the  number  plates  for  motor  vehicles 
provided  for  in  section  14  thereof.  By  filing  application  for  the  same, 
such  manufacturer  or  dealer  may  obtain  as  many  duplicates  of  such 
number  plates  as  he  may  desire  upon  payment  to  the  Secretary  of  State 
for  each  set  of  two  plates  the  sum  of  $12.00  per  annum.  In  case  of  loss 
or  destruction  of  one  plate,  the  manufacturer  or  dealer  may  obtain  a 
duplicate  of  the  same  by  filing  affidavit  to  that  effect  and  upon  the  pay- 
ment of  the  fee  of  $6.00.  Such  number  plates  shall  be  conspicuously 
displayed  upon  the  front  and  back  of  every  motor  vehicle  of  such  manu- 


676  MOTOR    VEHICLES. 


facturer  or  dealer  when  the  same  is  operated  or  driven  on  the  public 
highways.  Such  registration  shall  be  renewed  annually  in  the  same 
manner  and  on  the  payment  of  the  same  fee  as  provided  in  this  section 
for  original  registration,  such  renewal  to  take  effect  on  the  first  day  of 
January  of  each  year.  The  provisions  of  section  8  relating  to  first 
registrations  made  in  compliance  therewith  and  durations  of  renewals 
shall  apply  to  registration  under  this  section.  Upon  the  sale  of  a  motor 
vehicle  by  a  manufacturer  or  dealer,  the  purchaser  shall  be  permitted 
to  operate  the  same  upon  the  public  highways  of  this  State  for  a  period 
of  ten  days  after  taking  possession  thereof,  Avithout  carrying  license 
plates,  as  provided  in  section  14  of  this  Act,  if  the  purchaser  shall  have 
in  his  possession  a  bill  of  sale,  as  hereinfater  [hereinafter]  provided, 
and  if  proper  application  for  the  registration  of  such  motor  vehicle 
shall  have  been  mailed  or  presented  to  the  Secretary  of  State,  together 
with  the  required  fee,  within  twenty-four  hours  after  he  has  taken 
possession  thereof. 

Upon  the  sale  of  a  motor  vehicle  by  a  manufacturer  or  dealer,  he 
shall  thereupon  give  to  the  purchaser  a  bill  of  sale  setting  forth  the 
name  and  address  of  the  purchaser,  the  date  of  purchase,  together  with 
a  description  of  such  motor  vehicle,  showing  name  of  manufacturer, 
style,  factory  and  engine  numbers,  and  amount  of  horse  power. 

The  names  of  the  licensed  manufacturers  and  dealers  shall  be  fur- 
nished the  county  clerks,  sheriffs  and  the  chiefs  of  police  in  the  same 
manner  as  provided  for-  in  section  8  in  respect  to  owners. 

§  18.  ISTo  motor  vehicle  or  motor  bicycle  shall  be  used  or  operated 
upon  the  public  highways  of  this  State  after  this  Act  shall  take  effect 
which  shall  display  thereon  a  number  belonging  to  any  other  vehicle  or 
bicycle  or  fictitious  registration  number:  Provided,  however,  that  this 
section  shall  not  be  construed  to  prohibit  any  other  number  being  dis- 
played for  any  lawful  purpose  upon  a  motor  vehicle  or  motor  bicycle  in 
addition  to  the  number  plates  issued  by  the  Secretary  of  State  as 
aforesaid. 

By  the  first  day  of  January  of  each  calendar  year  the  owner  of  any 
licensed  motor  vehicle  or  motor  bicycle  shall  file  with  the  Secretary  of 
State  a  properly  executed  application  for  the  re-registration  of  the 
same,  and  such  application  shall  be  accompanied  by  the  fee  required  in 
each  case  by  this  Act. 

§  19.  Immediately  upon  the  sale  and  delivery  of  any  motor  vehicle 
or  motor  bicycle  which  has  been  registered  as  herein  provided  prior  to 
the  date  of  such  sale  by  any  person  other  than  a  manufacturer  or  dealer, 
the  vendor  shall  "remove  the  number  plate  or  plates  from  the  motor 
vehicle  or  motor  bicycle  so  sold,  and  within  ten  days  after  the  date  of 
such  sale  the  vendor  shall  send  a  statement  of  such  sale,  showing  the 
date  thereof,  the  registration  number  of  the  motor  vehicle  or  motor 
bicycle  so  sold,  and  the  name  of  the  purchaser  to  the  Secretary  of  State ; 
and  thereupon  such  number  plate  or  plates  shall  cease  to  apply  to  the 
motor  vehicle  or  motor  bicycle  so  sold,  and  the  purchaser  shall  register 
the  same  as  in  the  case  of  an  original  registration.  In  all  such  cases, 
the  vendor  shall  give  to  the  purchaser  a  bill  of  sale,  which  shall  con- 
form to  the  requirements  contained  in  section  17  of  this  Act.    Upon  the 


MOTOR    VEHICLES.  H77 


payment  to  the  Secretary  of  State  of  a  fee  of  one  dollar  any  other  motor 
vehicle  of  like  horse  power  or  capacity  or  less,  or  any  motor  bicycle 
owned  by  such  vendor  may  be  registered  by  such  vendor,  and  the  number 
plate  or  plates  so  removed  from  the  motor  vehicle  or  motor  bicycle  so 
sold  shall  be  assigned  by  the  Secretary  of  State  and  shall  apply  to  and 
be  used  upon  such  other  motor  vehicle  or  motor  bicycle  until  the  thirty- 
first  day  of  December  then  next  ensuing:  Provided,  however,  that  in 
case  the  horse  power  or  capacity  of  any  motor  vehicle  to  which  the  unex- 
pired term  of  the  registration  of  the  vehicle  sold  is  sought  to  be  applied 
would  have  required  the  payment  of  a  larger  registration  fee  than  was 
paid  upon  the  registration  of  the  motor  vehicle  so  sold,  the  vendor 
thereof  shall,  before  the  number  plates  may  be  applied  to  or  used  upon 
such  motor  vehicle  of  greater  horse  power,  or  capacity,  pay  to  the  Secre- 
tary of  State  such  a  sum  as  added  to  the  amount  of  the  original  registra- 
tion fee  paid  for  the  year  in  which  such  motor  vehicle  is  sold,  equals 
the  amount  of  the  registration  fee  provided  by  this  Act  to  be  paid  upon 
the  registration  of  a  motor  vehicle  of  such  greater  horse  power  or 
capacity :  Provided,  however,  that  the  registration  fee  paid  by  the  State 
of  Illinois  or  by  any  county,  township,  city,  village  or  incorporated  town 
for  each  motor  vehicle  or  motor  bicycle  owned  and  operated  by  it  shall  be 
two  dollars  for  each  calendar  year. 

§  20.  The  provisions  of  section  8,  14,  17,  18  and  19  of  this  Act 
shall  not  apply  to  any  motor  vehicle  or  motor  bicycle  owned  by  non- 
residents of  this  State  but  foreign  corporations  owning,  maintaining 
or  operating  places  of  business  in  this  State  and  using  motor  vehicles  or 
motor  bicycles  in  connection  with  such  places  of  business,  shall  not  be 
exempt  from  the  provisions  of  sections  8,  14,  17,  18,  and  19  of  this  Act 
in  so  far  as  the  motor  vehicles  and  motor  bicycles  used  in  connection 
with  such  places  of  business  are  concerned :  Provided,  the  owner  thereof 
has  complied  with  any  law  requiring  the  registration  of  motor  vehicles 
'or  motor  bicycles  or  the  names  of  the  owners  thereof  in  force  in  the 
city,  state,  foreign  country  or  province,  territory  or  Federal  district 
of  his  residence :  Provided,  that  the  registration  number  showing  the 
initial  or  abbreviation  of  the  name  of  such  city,  state,  foreign  country 
or  province,  territory  or  Federal  district,  shall  be  displayed  on  such 
vehicle  substantially  as  is  provided  in  section  14  of  this  Act :  Provided, 
further,  that  the  provisions  of  this  section  shall  be  operative  as  to  a 
motor  vehicle  or  motor  bicycle  owned  by  a  non-resident  of  this  State  only 
to  the  extent  that  under  the  laws  of  the  city,  state,  foreign  country  or 
province,  territory  or  Federal  district  of  his  residence,  like  exemptions 
and  privileges  are  granted  to  motor  vehicles  or  motor  bicycles  duly 
registered  under  the  laws  of  and  owned  by  residents  of  this  State: 
Provided,  further,  that  a  non-resident  within  the  meaning  of  this  Act 
shall  be  held  and  defined  to  mean  a  person  temporarily  sojourning  within 
this  State  for  a  period  of  six  months  or  less  in  any  one  year. 

§  21.  Every  motor  vehicle  and  motor  bicycle  while  in  use  on  a 
public  highway  shall  be  provided  with  good  and  sufficient  brakes  and  also 
with  a  suitable  bell,  horn  or  other  signal  device.  No  part  of  the 
machinery  of  any  motor  vehicle  or  motor  bicycle  shall  be  left  running 


678  MOTOR    VEHICLES. 


while  such  motor  vehicle  or  motor  bicycle  is  left  standing  without  an 
attendant  on  any  public  highway  in  this  State. 

§  22.  No  person  shall  drive  a  vehicle  of  the  first  division  as 
described  in  section  2  of  this  Act,  upon  any  public  highway  in  this  State 
at  a  speed  greater  than  is  reasonable  and  proper  having  regard  to  the 
traffic  and  the  use  of  the  way  or  so  to  endanger  the  life  or  limb  or  injure 
the  property  of  any  person.  If  the  rate  of  speed  of  any  motor  vehicle  or 
motor  bicycle  of  said  first  division,,  operated  upon  any  public  highway 
in  this  State  where  the  same  passes  through  the  closely  built  up  business 
portions  of  any  incorporated  city,  town  or  village  exceeds  ten  (10) 
miles  an  hour,  or  if  the  rate  of  speed  of  any  such  motor  vehicle  or  motor 
bicycle  operated  on  any  public  highway  in  this  State  where  the  same 
passes  through  the  residence  portions  of  any  incorporated  city,  town  or. 
village  exceeds  fifteen  (15)  miles  an  hour,  or  if  the  rate  of  speed  of 
any  such  motor  vehicle  or  motor  bicycle  operated  on  any  public  highway 
in  this  State  outside  the  closely  built  up  business  portions  and  the 
residence  portions  within  any  incorporated  city,  town  or  village  exceeds 
twenty  (20)  miles  an  hour  or  upon  any  public,  highway  outside  of  the 
limits  of  an  incorporated  city,  town  or  village,  if  the  rate  of  speed 
exceeds  thirty  (30)  miles  an  hour,  such  rates  of  speed  shall  be  prima 
facie  evidence  that  the  person  operating  such  motor  vehicle  or  motor 
bicycle  is  running  at  a  rate  of  speed  greater  than  is  reasonable  and' 
proper  having  regard  to  the  traffic  and  the  use  of  the  way  or  so  as  to 
endanger  the  life  or  limb  or  injure  the  property  of  any  person.  If  the 
rate  of  speed  of  any  such  motor  vehicle  or  motor  bicycle  operated  on  any 
public  highway  in  this  State  in  going  around  a  corner  or  curve  in  a 
highway  where  the  operator's  view  of  the  road  traffic  is  obstructed 
exceeds  six  (6)  miles  an  hour,  such  rate  of  speed  shall  be  prima  facie 
evidence  that  the  person  operating  such  motor  vehicle  or  motor  bicycle 
is  running  at  a  rate  of  speed  greater  than  is  reasonable  having  regard 
to  the  traffic  and  the  use  of  the  way,  or  so  as  to  endanger  the  life  or 
limb  or  injure  the  property  of  any  person. 

§  23.  The  speed  of  all  vehicles  of  said  second  division,  as  described 
in  section  2  of  this  Act,  shall  always  be  reasonable  and  safe  and  be 
governed,  as  near  as  may  be,  by  the  general  requirements  of  section  22 
of  this  Act,  but  such  speed  shall  not  exceed  the  following  rates,  to-wit : 

(1)  Vehicles  having  a  gross  weight  of  five  thousand  (5,000) 
pounds  and  less,  including;  the  weight  of  the  vehicle  and  maximum  load, 
if  equipped  with  pneumatic  tires,  25  miles  per  hour;  if  equipped  with 
two  or  more  solid  rubber  tires,  20  miles  per  hour. 

(2)  Vehicles  having  a  gross  weight  of  more  than  five  thousand 
(5,000)  pounds  and  not  more  than  twelve  thousand  (12,000)  pounds, 
including  the  weight  of  the  vehicle  and  maximum  load,  if  equipped 
with  pneumatic  tires,  20  miles  per  hour;  if  equipped  with  solid  rubber 
tires,  15  miles  per  hour. 

(3)  Vehicles  having  a  gross  weight  of  more  than  twelve  thousand 
(12,000)  pounds,  and  not  more  than  fifteen  thousand  (15,000)  pounds, 
including  the  weight  of  the  vehicle  and  maximum  load,  if  equipped 
with  pneumatic  tires,  15  miles  per  hour:  if  equipped  with  solid  rubber 
tires,  12  miles  per  hour. 


MOTOR    VEHICLES.  079 


(4)  Vehicles  having  a  gross  weight  of  more  than  fifteen  thou- 
sand (15,000)  pounds,  including  the  weight  of  the  vehicle  and  maxi- 
mum load,  12  miles  per  hour. 

§  24.  The  above  regulations  in  section  23  are  subject  to  the  fol- 
lowing modifications,  to-wit: 

(1)  Restrictions  as  to  weight  and  speed  shall  not  apply  to  ve- 
hicles run  upon  rails  or  tracks  or  to  police  vehicles,  fire  engines,  fire 
trucks,  or  voluntary  fire  departments. 

(2)  Upon  application  to  the  highway  or  street  officials  having 
proper  jurisdiction  over  a  particular  highway,  special  permits  in  writ- 
ing may  be  granted  for  the  moving  of  heavier  vehicles  or  objects  on 
wheels,  subject  to  such  conditions  as  such  highway  or  street  officials 
may  prescribe.  On  all  highways  under  the  control  of,  or  required  to 
be  maintained  in  whole  or  in  part,  by  the  State,  such  permission  shall 

.  be  obtained  from  the  Department  of  Public  Works  and  Buildings. 

(3)  At  the  season  of  the  year  when  the  frost  is  leaving  the 
ground,  highway  officials  having  proper  jurisdiction,  may,  on  definitely 
designated  highways,  prohibit  the  operation  of  vehicles  having  a  gross 
weight,  including  the  weight  of  vehicle  and  load,  of  more  than  5,000 
pounds,  by  posting  notices  along  such  roads :  Provided,  however,  that 
the  entire  time  of  such  embargo  shall  not  exceed  forty-five  days  in 
any  one  year. 

§  25.  Any  person  driving  a  motor  vehicle  or  a  motor  bicycle  upon 
a  public  highway  in  this  State  in  a  race,  shall,  upon  conviction,  be 
fined  in  a  sum  not  exceeding  $200.00. 

§  26.  No  owner  of  a  motor  vehicle  or  motor  bicycle  who  shall 
have  obtained  a  certificate  from  the  Secretary  of  State  and  paid  the 
registration  fee  as  hereinbefore  provided,  shall  be  required  by  any 
city,  village,  town  or  other  municipal  corporation  within  the  State 
other  than  that  within  which  said  owner  resides  to  pay  any  tax  or 
license  fee  for  the  use  of  such  motor  vehicle  or  motor  bicycle;  and 
no  owner  of  a  motor  vehicle  except  motor  trucks  and  motor  driven 
commercial  vehicles  and  motor  vehicles  which  are  used  for  public 
hire,  or  motor  bicycle,  who  shall  have  obtained  such  certificate 
and  paid  such  fee  shall  be  required  by  the  city,  village  or  town 
within  which  he  resides  (if  he  resides  within  a  city,  village  or  town), 
to  pay  a  tax  or  license  fee  for  the  use  of  such  motor  vehicle  or 
motor  bicycle  in  excess  of  the  sum  of  ten  dollars  per  annum  for  motor 
vehicles  or  motor  bicycles  of  thirty-five  horse  power  or  less  or  in  ex- 
cess of  the  sum  of  twenty  dollars  per  annum  for  motor  vehicles  or 
motor  bicycles  of  more  than  thirty-five  horse  power  in  such  city,  vil- 
lage or  town  within  which  he  resides  shall  have  a  population  of  150,000 
or  over,  or  in  excess  of  the  sum  of  five  dollars  per  annum  for  motor 
vehicles  or  motor  bicycles  of  thirty-five  horse  power  or  less  or  in  excess 
of  the  sum  of  ten  dollars  per  annum  for  motor  vehicles  or  motor 
bicycles  of  more  than  thirty-five  horse  power  in  case  such  city,  village 
or  town  within  which  he  resides  shall  have  a  population  of  less  than 
150,000.  The  proceeds  of  all  fees  so  collected  by  any  city,  town  or 
villnge  shall  be  used  for  the  purpose  of  improving,  paving,  repairing 
or  maintaining  the  streets  and  other  public  roadwavs  within  such  city, 


680  MOTOR   VEHICLES. 


town  or  village  and  shall  never  be  devoted  to  any  other  use  whatever : 
Provided,  that  the  actual  cost  of  the  collection  of  such  fees  and  the  dis- 
bursement thereof  may  be  deducted  from  the  total  amount  collected. 

Nor  shall  such  owner  be  required  to  display  upon  his  motor  vehicle 
or  motor  bicycle  any  other  plate  or  tax  or  license  number  than  that 
issued  by  the  Secretary  of  State  or  by  the  city,  village,  town  or  other 
municipal  corporation  within  the  State  within  which  said  owner  re- 
sides, nor  be  limited  as  to  speed  upon  any  public  street,  avenue,  road, 
turnpike,  driveway,  parkway,  or  any  other  public  place,  at  any  time 
when  the  same  is  or  may  hereafter  be  opened  to  the  use  of  persons 
having  or  using  other  vehicles,  nor  be  required  to  comply  with  other 
provisions  or  conditions  as  to  the  use  of  said  motor  vehicles  or  motor 
bicycles  except  as  in  this  Act  provided:  Provided,  however,  that  nothing 
in  this  section  contained  shall  be  construed  to  apply  to,  or  include,  any 
speedway  created,  provided  for,  or  maintained  by  the  local  authorities 
of  any  city,  village,  town  or  other  •municipal  corporation  within  the 
State:  And,  provided,  further,  that  the  local  authorities  having  juris- 
diction over  the  public  parks  shall  not  by  the  terms  of  this  Act  be 
prohibited  from  adopting  and  enforcing  such  reasonable  ordinances, 
rules  and  regulations  concerning  the  speed  at  which  .motor  vehicles  or 
motor  bicycles  may  be  operated  within  any  such  parks,  provided  the 
rate  of  speed  of  motor  vehicles  or  motor  bicycles  fixed  by  such  ordin- 
ances, rules  or  regulations  shall  not  be  lower  than  the  rate  fixed  for 
other  vehicles,  and  provided  such  authority  shall,  by  signs  conspicuous- 
ly placed,  indicate  the  rate  of  speed  permitted  by  such  ordinances, 
rules  or  regulations:  And,  provided,  further,  that  motor  vehicles  or 
motor  bicycles  may  be  excluded  from  any  cemetery  or  grounds  for  the 
burial  of  the  dead  by  the  authorities  having  jurisdiction  over  the  same. 
Except  as  in  this  section  provided,  no  city,  town  or  village  or  other 
municipality  shall  have  power  to  make  any  ordinance,  by-laws  or  reso- 
lutions limiting  or  restricting  the  speed  of  motor  vehicles  or  motor 
bicycles,  and  no  ordinance,  by-law  or  resolution  heretofore  or  hereafter 
made  b}r  any  city,  village  or  town  or  other  municipal  corporation  within 
this  State,  by  whatever  name  known  or  designated,  in  respect  to  or 
limiting  the  speed  of  motor  vehicles  or  motor  bicycles  shall  have  any 
force,  effect  or  validity,  and  they  are  hereby  declared  to  be  of  no  validity 
or  effect :  Provided,  that  nothing  in  this  Act  contained  shall  be  con- 
strued as  affecting  the  power  of  municipal  corporations  to  make  and 
enforce  ordinances,  rules  and  regulations  affecting  motor  trucks  and 
motor  driven  commercial  vehicles  used  within  their  limits  for  public 
hire,  or  from  making  and  enforcing  reasonable  traffic  and  other  regu- 
lations except  as  to  rates  of  speed  not  inconsistent  with  the  provisions 
hereof. 

§  27.  An  application  for  a  license  to  operate  motor  vehicles  as 
a  chauffeur,  who  is  hereby  defined  to  mean  any  person  operating  a 
motor  vehicle  as  a  mechanic  or  employee,  and  who  directly  or  in- 
directly receives  pay  or  any  compensation  whatsoever  for  any  work 
or  services  in  connection  with  the  operation  of  a  motor  vehicle  or  the 
transportation  of  passengers  or  merchandise  with  a  motor  vehicle  for 
hire  or  for  pecuniary  profit,  shall  be  made  by  mail  or  otherwise  to  the 


MOTOK   VEHICLES.  681 


Secretary  of  State,  or  his  duly  authorized  agent,  upon  blanks  prepared 
under  his  authority.  The  Secretary  of  State  shall  appoint  examiners 
and  cause  examinations  to  be  held  at  convenient  points  throughout 
the  State  as  often  as  may  be  necessary.  Such  applications  shall  be 
accompanied  by  the  fee  provided  herein  and  by  a  photograph  of  the 
applicant  in  such  numbers  and  forms  as  the  Secretary  of  State  shall 
prescribe,  and  such  photographs  shall  have  been  taken  within  thirty 
days  prior  to  the  filing  of  such  application.  Such  applications  shall 
also  be  accompanied  by  a  written  statement  signed  by  at  least  two 
reputable  citizens  that  the  applicant  is  a  fit  and  proper  person,  com- 
petent to  operate  a  motor  vehicle. 

Before  such  a  license  is  granted  the  applicant  shall  pass  such  an 
examination  as  to  his  qualifications  as  the  Secretary  of  State  shall  re- 
quire and  no  license  shall  be  issued  until  the  Secretary  of  State,  or 
his  authorized  agent,  is  satisfied  that  the  applicant  is  a  proper  person 
to  receive  it,  and  no  chauffeur's  license  shall  be  issued  to  any  person 
under  eighteen  years  of  age.  A  distinguishing  number  or  mark  shall 
be  assigned  to  each  chauffeur  to  whom  a  license  shall  be  issued  and 
the  license  shall  be  in  such  form  as  the  Secretary  of  State  may  deter- 
mine; it  may  contain  special  restrictions  and  limitations  concerning  the 
type  of  motor  car,  horse  power,  design  and  other  features  of  the  motor 
vehicle  which  the  licensee  may  operate.  It  shall  contain  the  distinguish- 
ing number  or  mark  assigned  to  the  licensee,  his  name,  place  of  resi- 
dence and  address,  a  brief  description  of  the  licensee  for  the  purpose 
of  identification  and  a  photograph  of  the  licensee.  The  holder  of  every 
such  license  shall  endorse  his  usual  signature  on  the  margin  of  the 
license  in  a  space  to  be  provided  for  that  purpose,  immediately  upon 
receipt  of  said  license,  which  shall  not  be  valid  until  so  endorsed. 
Every  application  for  a  license  filed  under  the  provisions  of  this  sec- 
tion shall  be  sworn  to  and  shall  be  accompanied  by  a  fee  of  $5.00. 

Upon  receipt  of  such  an  application,  the  Secretary  of  State  shall 
record  the  same  in  his  office  in  the  manner  designated  for  recording 
the  owners  of  motor  vehicles,  and  when  the  applicant  shall  have  passed 
the  examination  herein  provided  for,  the  number  or  mark  assigned  to 
such  applicant,  together  with  the  fact  that  such  applicant  has  passed 
such  examination,  shall  be  noted  in  said  record,  and  the  names  of  the 
licensed  chauffeurs  shall  be  furnished  the  county  clerks,  sheriffs  and 
the  chiefs  of  police  in  the  same  manner  as  provided  for  in  section  8 
in  respect  to  owners. 

No  person  shall  operate  or  drive  a  motor  vehicle  as  a  chauffeur 
upon  a  public  highway  of  this  State,  unless  such  person  shall  have  com- 
plied in  all  respects  with  the  requirements  of  this  section :  Provided, 
however,  that  a  non-resident  chauffeur  who  has  registered  under  the 
provisions  of  the  law  in  force  in  the  city,  state,  foreign  country  or 
province,  territory  or  Federal  district,  of  his  residence,  substantially 
equivalent  to  the  provisions  of  this  section,  shall  be  exempt  from  license 
hereunder,  while  temporarily  sojourning  within  this  State,  only  to 
the  extent  that  under  the  laws  of  the  citv,  state,  foreign  country  or 
province,  territory  or  Federal  district  of  his  residence  like  privileges 
are  granted  to  persons  duly  licensed  and  registered  as  chauffeurs  under 


682  MOTOR   VEHICLES. 


the  laws  of  this  State,  and  who  are  residents  of  this  State.  Licenses 
may  be  renewed  annually  in  the  same  manner  as  first  registration,  upon 
the  payment  of  fee  of  $3.00,  and  shall  take  effect  on  the  first  day  of 
January  of  each  year:  Provided,  that  if  it  shall  be  made  to  appear  to 
the  satisfaction  of  the  Secretary  of  State  that  any  chauffeur  shall  have 
driven  or  operated  a  motor  vehicle  within  this  State  while  under  the 
influence  of  intoxicating  liquor  the  Secretary  of  State  shall  thereupon 
immediately  cancel  the  license  of  said  chauffeur.  ■  Not  less  than  three 
months  after  cancellation  this  license  may  be  renewed  at  the  discretion 
of  the  Secretary  of  State. 

§  28.  The  Secretary  of  State  shall  furnish  to  every  chauffeur  so 
licensed  a  suitable  metal  badge  with  the  distinguishing  number  or 
mark  assigned  to  him  thereon,  without  extra  charge  therefor,  and  this 
badge  shall  be  worn  by  such  chauffeur  pinned  upon  his  clothing  in  a 
conspicuous  place,  at  all  times  while  he  is  operating  or  driving-  a  motor 
vehicle  on  the  public  highways.  Said  badge  shall  be  valid  only  during 
the  term  of  the  license  of  the  chauffeur  to  whom  it  is  issued  as  afore- 
said. 

Upon  filing  in  the  office  of  the  Secretary  of  State  an  affidavit  to 
the  effect  that  the  original  badge  or  certificate  of  registration  is  lost, 
stolen  or  destroyed,  and  upon  the  payment  of  a  fee  of  fifty  cents,  a 
duplicate  badge  or  certificate  of  registration  will  be  furnished. 

No  chauffeur  having  been  licensed  as  herein  provided  shall  per- 
mit any  other  person  to  possess  or  use  his  license  or  badge,  nor  shall 
any  person  while  operating  or  driving  a  motor  vehicle  use  or  possess 
any  license  or  badge  belonging  to  another  persOn  or  a  fictitious  license 
or  badge. 

§  29.  No  person  or  corporation  shall  employ,  as  a  chauffeur  or 
operator  of  a  motor  vehicle,  >any  person  not  specially  licensed  as  afore- 
said. 

§  30.  No  chauffeur  or  other  person  shall  drive  or  operate  any 
motor  vehicle  or  motor  bicycle  upon  any  street,  or  highway  in  this 
State  in  the  absence  of  the  owner  of  such  motor  vehicle  or  motor 
bicycle  without  said  owner's  consent:  and  no  chauffeur  or  other  per- 
son having  the  care  of  a  motor  vehicle  for  the  owner  shall  receive  or 
take  directly,  or  indirectly,  any  bonus,  discount  or  other  consideration, 
for  the  purchase  of  supplies  or  parts  for  such  motor  vehicle  or  for 
work  or  labor  done  thereon  by  others ;  and  no  person  furnishing  such 
supplies  or  parts,  work  or  labor,  shall  give  or  offer  any  such  chauffeur 
or  any  other  person  having  the  care  of  a  motor  vehicle  for  the  owner 
thereof,  either  directly  or  indirectly,  any  bonus,  discount  or  other  con- 
sideration thereon.  Airy  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  he  fined  the  sum  not  exceeding  two  hundred  dollars  ($200,00), 
or  imprisoned  in  the  county  jail  for  a  period  not  exceeding  six  (6) 
months,  or  both,  in  the  discretion  of  the  court. 

§  31.  No  person  shall  operate  or  drive  a  motor  vehicle  who  is 
under  fifteen  years,  of  age.  unless  such  person  is  accompanied  by  a 
dulv  licensed  chauffeur  or  the  owner  of  the  motor  vehicle  being  oper- 
ated. 


MOTOR    VEHICLES.  683 


§  o'i.  Any  person  who  shall,  without  the  consent  of  the  owner 
start  or  cause  to  be  started  the  motor  of  any  motor  vehicle,  or  shift, 
change,  or  move  the  levers,  brake,  starting  device,  gears  or  other 
mechanism  of  a  standing  motor  vehicle  to  a  position  other  than  that 
in  which  it  was  left  by  the  owner  or  driver  thereof,  or  attempt  to  do  so, 
or  shall  intentionally  cut,  mark,  scratch  or  damage  any  part  or  portion 
of  said  motor  vehicle  or  any  accessories,  equipment,  appurtenance  or 
attachments  thereof,  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  not  exceding  one  hundred  dollars  ($100.00)  or  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  six  (6)  months,  or  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court :  Provided  that 
this  section  shall  not  apply  in  the  case  of  moving  or  starting  of  motor 
vehicles  by  the  police  or  peace  officers  for  lawful  purposes,  nor  by 
members  of  fire  departments  in  cases  of  emergency  in  the  vicinity  of 
a  fire,  nor  to  the  changing  of  a  position  of  said  motor  vehicle  tempor- 
arily without  starting  the  motor  of  the  same  by  any  one  for  the  pur- 
pose of  extricating  another  vehicle  from  a  congested  position. 

§  33.  All  vehicles  traveling  upon  public  highways  shall  give  the 
right  of  way  to  other  vehicles  approaching  along  intersecting  highways 
from  the  right,  and  shall  have  the  right  of  way  over  those  approaching 
from  the  left :  Provided,  however,  that  police  vehicles,  fire  de- 
partments, vehicles  transporting  United  States  mail,  and  ambulances 
shall  have  the  right  of  way  over  other  vehicles:  And,  provided,  also, 
that  incorporated  cities,  having  a  population  of  more  than  10,000  in- 
habitants, may  designate  certain  streets  or  boulevards  as  preferential 
traffic  streets,  and  prescribe  rules  regulating  traffic  upon,  crossing 
over,  or  turning  into  such  streets  or  boulevards:  And,  provided,  further, 
that  like  specifications  regulating  traffic  may  be  enforced  at  points 
where  traffic  officers  are  stationed.  No  driver  of  a  vehicle  shall  sud- 
denly stop,  slow  down  or  attempt  to  turn  around  without  first  signal- 
ling his  intentions  with  outstretched  arm  or  otherwise  to  those  following 
closely  in  the  rear. 

§  34.  Any  person  or  persons  who  shall  destroy  or  cause  to  be 
destroyed,  remove,  cover,  alter  or  deface,  or  cause  to  be  removed,  cov- 
ered, altered  or  defaced,  the  engine  number  or  other  distinguishing  num- 
ber of  any  motor  vehicle  in  this  State,  the  property  of  another,  for  any 
reason  Avhatsoever,  or  who  shall  give  a  wrong  description  in  an  applica- 
tion for  the  registration  of  any  motor  vehicle  in  this  State  for  the  pur- 
pose of  concealing  or  hiding  the  identity  of  such  motor  vehicle,  shall 
be  deemed  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
punished  by  imprisonment  in  the  State  penitentiary  for  a  term  of  not 
less  than   one  year  nor  more  than  five  years. 

§  35.  Any  person  or  persons,  firm  or  corporation,  who,  after  the 
taking  effect  of  this  Act  shall  sell  or  offer  for  sale  in  this  State,  or 
who  shall  own  or  have  the  custody  or  possession  of  a  motor  vehicle,  the 
original  engine  number  of  which  has  been  destroyed,  removed,  altered, 
covered,  or  defaced,  or  who  shall  sell  or  offer  for  sale,  own  or  have  the 
custody  or  possession  of  a  motor  vehicle  having  no  engine  number, 
excepting  electricallv  propelled  motor  vehicles,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  com  iction  thereof  shall  he  punished  by  a 


684  MOTOR   VEHICLES. 


fine  of  not  less  than  two  hundred  dollars  ($200.00)  nor  more  than  five 
hundred  dollars  ($500.00),  or  by  imprisonment  in  the  county  jail  for  a 
term  of  not  less  than  thirty  days  nor  more  than  one  hundred  eighty 
days,  or  by  both  such  fine  and  imprisonment,  and  upon  a  second  con- 
viction under  this  section  the  punishment  shall  be  imprisonment  in 
the  penitentiary  for  a  term  not  less  than  one  year  nor  more  than  five 
years;  provided,  that  any  person  or  persons,  firm  or  corporation,  being 
the  owner  or  custodian  of  or  having  possession  of  a  motor  vehicle  at 
the  time  of  the  taking  effect  of  this  Act,  the  original  engine  number 
of  which  had  been  previously  destroyed,  removed,  altered  or  defaced, 
shall  before  the  expiration  of  thirty  days  after  the  taking  effect  of  this 
Act  apply  to  the  Secretary  of  State,  on  a  blank  to  be  prepared 
and  furnished  by  the  Secretary  of  State,  upon  request,  for  permission 
to  make  or  stamp,  or  cause  to  be  made  or  stamped  on  the  engine  of 
such  motor  vehicle  a  special  engine  number.  The  application  for  per- 
mission to  make  or  stamp  a  special  engine  number  on  the  engine  of  a 
motor  vehicle  under  the  provisions  of  this  Act  shall  contain  a  descrip- 
tion of  such  motor  vehicle,  including  the  make,  style  and  year  of  model 
of  the  same,  as  complete  a  description  of  the  original  engine  number, 
if  any  part  of  the  same  remains,  as  is  possible  to  give,  any  distinguish- 
ing marks  that  may  be  on  the  engine  or  body  of  such  motor  vehicle, 
and  the  name  and  post  office  address  of  the  applicant,  the  date  on  which 
he  purchased  or  procured  possession  of  the  same,  the  name  and  post 
office  address  of  the  person  or  persons  from  whom  he  purchased  such 
motor  vehicle,  and  such  information  as  the  Secretary  of  State  may  re- 
quire, all  of  which  description  and  facts  shall  be  sworn  to  by  said  ap- 
plicant. Upon  receipt  of  such  application,  together  with  a  fee  of  one 
dollar  ($1.00),  the  Secretary  of  State  shall  issue  to  said  applicant 
written  permission  to  make  or  stamp  on  the  engine  of  such  motor  ve- 
hicle a  special  engine  number  to  be  designated  by  the  Secretary  of 
State,  and  when  such  special  engine  number  so  designated  has  been 
stamped  or  otherwise  placed  on  the  engine  of  such  motor  vehicle,  it 
shall  become  and  thereafter  be  the  lawful  engine  number  of  such  motor 
vehicle  for  the  purposes  of  identification  and  registration  and  for  all 
other  purposes  under  the  provisions  of  this  Act,  and  the  owner  thereof 
may  sell  and  transfer  the  same  under  said  special  engine  number  so 
designated  by  the  Secretary  of  State;  and  any  person  or  persons  Avho 
shall  destroy,  remove,  cover,  alter  or  deface  any  special  engine  number 
so  designated  by  the  Secretary  of  State  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof  shall  be  punished  by  imprisonment 
in  the  State  penitentiary  for  a  term  of  not  less  than  one  year  nor  more 
than  five  years. 

It  shall  be  the  duty  of  every  sheriff,  deputy  sheriff,  constable,  chief 
of  police  or  other  peace  officer  in  this  State  having  knowledge  of  a 
motor  vehicle,  the  engine  number  of  which  has  been  destroyed,  re- 
moved, covered,  altered  or  defaced,  to  immediately  seize  and  take  pos- 
session of  such  motor  vehicle,  arrest  the  supposed  owner  and  custodian 
thereof,  and  cause  prosecution  to  be  brought  in  a  court  of  competent 
jurisdiction.  It  shall  be  the  duty  of  the  court  to  retain  the  custody 
of  said  motor  vehicle  pending  the  prosecution  of  the  person  arrested,  and 


MOTOR    VEHICLES.  085 


in  case  such  person  shall  be  found  guilty  said  motor  vehicle  shall  remain 
in  the  custody  of  the  court  until  the  fine  and  costs  of  prosecution  shall 
be  paid.  In  which  event  the  court  shall  deliver  said  motor  vehicle  to 
such  supposed  owner  or  custodian  for  the  sole  purpose  of  removing 
said  engine  from  said  motor  vehicle  and  tearing  apart  said  engine  and 
disposing  of  same  for  junk.  In  case  such  fine  and  costs  shalf  not  be 
paid  within  thirty  days  from  the  date  of  rendition  of  judgment  said 
court  shall  proceed  to  advertise  and  sell  said  motor  vehicle  in  the  man- 
ner provided  by  law  for  the  sale  of  personal  property  under  execution. 
Such  advertisement  shall  contain,  as  nearly  as  may  be,  as  full  a  de- 
scription of  such  motor  vehicle  as  is  prescribed  by  section  8  of  this 
Act  in  case  of  an  application  for  license,  and  a  copy  of  such  advertise- 
ment shall  be  mailed  to  the  Secretary  of  State.  The  proceeds  of  such 
sale  shall  be  applied  on  the  payment  of  the  fine  and  costs  of  such  prose- 
cution and  sale,  and  if  after  the  payment  of  the  same  there  shall  be 
any  sum  remaining,  such  sum  shall  be  paid  by  the  court  to  such  sup- 
posed owner  or  custodian  of  such  motor  vehicle.  The  purchaser  of  said 
motor  vehicle  shall  remove  said  engine  from  said  motor  vehicle  and 
shall  tear  the  same  apart  and  shall  not  dispose  of  it  as  a  whole  so  that 
it  might  be  thereafter  used  as  an  engine  in  any  motor  vehicle.  If 
at  any  time  while  such  motor  vehicle  remains  in  the  custody  of  the 
court  or  officer,  the  true  owner  shall  appear  and  establish  his  title 
thereto,  to  the  satisfaction  of  the  court  in  which  such  prosecution  is 
brought,  the  same  shall  be  returned  to  such  owner,  who  shall  have  the 
original  engine  number  restored  and  may  thereafter  use  the  same  upon 
notifying  the  Secretary  of  State  of  the  facts  and  obtaining  a  license 
therefor  in  accordance  with  this  Act  if  he  has  not  such  a  license. 

In  designating  special  engine  numbers  for  motor  vehicles  under 
the  provisions  of  this  Act,  the  Secretary  of  State  shall  designate  and 
number  the  same  consecutivelv,  beginning  with  the  number  one,  pre- 
ceded by  the  letters  "S.  0.  S>  and  followed  b^  the  letters  "111."  for 
each  and  every  make  of  motor  vehicle  for  which  application  for  a 
special  engine  number  shall  be  made,  and  in  the  order  of  the  filing  of 
application  therefor :  Provided,  that  from  and  after  the  going  into  ef- 
fect of  this  Act,  the  Secretary  of  State  shall  not  register  any  motor 
vehicle  without  an  engine  number  or  issue  a  license  for  the  operation 
of  the  same,  except  as  specificially  provided  for  herein. 

§  36.  All  moneys  received  by  the  Secretary  of  State  as  registra- 
tion fees  and  for  the  examination  and  licensing  of  chauffeurs,  as  pro- 
vided in  this  Act,  shall  be  deposited  in  the  State  treasury  and  set 
apart  as  a  special  fund  to  be  known  as  the  Eoad  Fund.  The  Eoad 
Fund  shall,  if  and  when  the  State  of  Illinois  shall  incur  any  bonded 
indebtedness  for  the  construction  of  permanent  highways,  be  set  aside 
and  used  for  the  purpose  of  paying  and  discharging  annually  the 
principal  and  interest  on  such  bonded  indebtedness  then  due  and  pay- 
able, and  for  no  other  purpose,  and  the  surplus,  if  any,  after  the  pay- 
ment of  the  principal  and  interest  on  such  bonded  indebtedness  then 
annually  clue,  shall  be  used  for  the  improvement  of  the  highways  of 
the  State  in  accordance  with  the  provisions  of  Article  IV  of  an  Act 
entitled,  "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges," 


686  MOTOR   VEHICLES. 


i!;i!: 


approved  June  27,  1913,  in  force  July  1,  1913,  or  in  accordance  with 
the  provisions  of  the  Federal  Aid  lioad  Act,  or  both  of  such  Acts, 
and  all  Acts  amendatory  thereof. 

§  37.  It  is  hereby  made  the  duty  of  each  and  every  person,  firm, 
association,  corporation,  or  co-partnership  operating  a  public  garage 
in  this 'State,  to  keep  for  public  inspection  a  record  of  the  license  num- 
bers and  engine  numbers  of  all  motor  vehicles  taken  in  or  held  in 
charge  by  said  garage  for  the  purpose  of  selling,  rental,  livery,  storage 
or  repair.  Said  record  shall  contain  the  name  and  address  of  the  owner 
of  the  motor  vehicle,  the  name  and  address  of  the  person  delivering 
or  taking  the  motor  vehicle  to  the  garage,  and  the  license  number  and 
the  engine  number  thereof.  The  alteration  or  obliteration  of  said 
engine  number  shall  be  prima  facie  evidence  of  larceny  of  said  motor 
vehicle,  and  the  proprietor,  agents,  servants  or  employees,  immediately 
upon  the  discovery  of  such  obliteration  ( or  alteration,  shall  notify 
the  sheriff  and  police  officers  of  the  proper  county,  or  the  city, 
town  or  village  where  such  garage  is  situated,  and  shall  hold  said 
motor  vehicle  for  a  period  of  twenty-four  hours,  or  until  investigation 
shall  have  been  made  by  the  sheriff  or  police  officers:  Provided,  however, 
such  record  need  not  be  made  when  a  motor  vehicle  is  taken  in  or  held 
in  charge  a  second  time,  for  regular  storage. 

§  38.  Any  person,  firm,  association,  corporation  or  co-partner- 
ship found  guilty,  personally  or  by  agent,  of  vioalting  any  of  the  pro- 
visions of  section  37  of  this  Act  shall  be  fined  in  any  sum,  not  less 
than  one  hundred  dollars  ($100.00)  nor  more  than  five  hundred  dol- 
lars ($500.00)  and  the  costs  of  prosecution  and  shall  stand  committed 
to  the  county  jail  until  said  fine  and  the  costs  of  prosecution  are  paid 
or  otherwise  discharged  according  to  law. 

§  39.  Whoever  steals  any  motor  vehicle  of  a  value  greater  than 
fifteen  dollars  ($15.00),  or  receives  or  buys  any  motor  vehicle,  know- 
ing the  same  to  have  been  stolen,  with  intent,  by  such  receiving  or  buy- 
ing, to  defraud  the  owner,  or  conceals  any  motor  vehicle  knowing  the 
same  to  have  been  stolen,  shall  be-  fined  in  any  sum  not  exceeding  five 
hundred  dollars  ($500.00)  and  be  imprisoned  in  the  State  penitentiary 
not  less  than  two  years  nor  more  than  fifteen  years. 

'  §  40.  Upon  approaching  a  person  walking  upon  or  along  a  pub- 
lic highway,  or  a  horse  or  horses,  or  other  draft  or  domestic  animal 
or  animals  being  ridden,  led  or  driven  thereon,  the  operator  of  a  motor 
vehicle  or  motor  bicycle  shall  give  reasonable  warning  of  his  approach 
and  use  every  reasonable  precaution  to  avoid  injuring  such  person,  or 
frightening  or  injuring  such  horse,  horses,  or  other  draft  or  domestic 
animal  or  animals,  and,  if  necessary,  stop  his  said  motor  vehicle  or 
motor  bic}^cle  until  he  can  safely  proceed,  and  in  case  of  any  injury 
to  a  person  or  property  on  the  public  highways,  due  to  the  presence  or 
operation  of  a  motor  vehicle  or  motor  bicycle,  the  operator  of  such 
vehicle  shall  stop  and,  upon  the  request  of  a  person  injaired  or  any  per- 
son present,  give  his  name  and  address,  and,  if  not  the  owner  of  such 
motor  vehicle  or  motor  bicycle,  together  with  his  own  name,  the  name 
and  address  of  such  owner. 

Whenever  a  person  operating  a  motor  vehicle  shall  meet  on  a  pub- 


MOTOR   VEHICLES.  687 


lie  highway  any  other  person  riding  or  driving  a  horse  or  other  draft 
animal,  or  any  other  vehicle,  the  person  so  operating  such  motor  vehicle 
or  vehicles,  or  riding  or  driving  a  horse  or  other  draft  animal,  shall 
each  seasonably  turn  to  the  right  of  the  center  of  the  beaten  track  of 
such  highway  so  as  to  pass  without  interference.  Any  such  person  so 
operating  a  motor  vehicle  or  motor  bicycle  shall,  on  overtaking  any 
such  horse,  draft  animal  or  other  vehicle,  pass  on  the  left  side  thereof, 
and  the  rider  or  driver  of  such  horse,  draft  animal  or  other  vehicle 
shall,  as  soon  as  practicable,  upon  signal,  turn  to  the  right  of  the  cen- 
ter of  the  beaten  track  of  such  highway  so  as  to  allow  free  passage  on 
the  left.  Any  such  person  so  operating  a  motor  vehicle  shall,  at  the 
intersection  of  public  highways,  keep  to  the  right  of  the  center  of  such 
intersection  of  such  highway  when  turning  to  the  right  and  pass  to 
the  right  of  the  center  of  such  intersection  when  turning  to  the  left. 

In  approaching  or  passsing  a  street  railway  car,  which  has  been 
stopped  for  the  purpose  of  receiving  or  discharging  passengers,  the 
operator  of  every  motor  vehicle  or  motor  bicycle  shall  not  drive  such 
vehicle  or  bicycle  within  ten  feet  of  the  running  board  or  lowest  step 
of  such  car,  except  by  the  express  direction  of  a  traffic  officer. 

§  41.  Any  person  who  shall  drive  or  operate  a  motor  vehicle  01 
motor  bicycle  upon  any  public  highway  of  this  State  while  drunk  01 
intoxicated,  shall,  upon  conviction  thereof,  for  each  offense,  be  punished 
by  a  fine  of  not  more  than  two  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  sixty  days  or  by  both  such 
fine   and   imprisonment. 

§  42.  Nothing  in  this  Act  shall  be  construed  to  curtail,  or  abridge 
the  right  of  any  person  to  prosecute  a  civil  action  for  damages  by  rea- 
son of  injuries  to  person  or  property  resulting  from  the  negligent  use 
of  the  highways  by  the  driver  or  operator  of  a  motor  vehicle  or  motor 
bicycle  or  its  owner  or  his  employee  or  agent,  and  in  any  action  brought 
to  recover  any  damages  for  injury  either  to  person  or  property  caused 
by  running  any  motor  vehicle  or  motor  bicycle  at  a  rate  of  speed  great- 
er than  is  reasonable  and  proper  having  regard  for  the  traffic  and  the 
use  of  the  way,  or  so  as  to  endanger  the  life  or  limb  or  injure  the  prop- 
erty of  any  person,  the  plaintiff  or  plaintiffs  shall  be  deemed  to  have 
made  out  a  prima  facie  case  by  showing  the  fact  of  such  injury  and  that 
the  person  or  persons  driving  such  motor  vehicle  or  motor  bicycle  was 
at  the  time  of  such  injury  running  the  same  at  a  speed  greater  than 
was  reasonable  and  proper  having  regard  for  the  traffic  and  the  use 
of  the  way  or  so  as  to  endanger  the  life  or  limb  or  injure  the  property 
of  any  person. 

§  43.  Any  person  wilfully  violating  the  provisions  of  this  Act 
shall,  except  as  otherwise  provided  herein,  upon  conviction,  be  fined  in 
a  sum  not  to  exceed  the  amount  hereinafter  set  forth.* 

For  the  violation  of  sections  8,  14.  16,  17,  IS,  19,  20.  21.  27.  28 
and  40,  or  any  of  them,  twenty-five  dollars. 

For  a  violation  of  section  22,  two  hundred  dollars  ($200.00). 

For  the  violation  of  any  section  or  provision  for  which  no  specific 
penalty  is  provided,  one  hundred  dollars  ($100.00). 

Provided,  that  anv  offender  who  shall  have  been  found  guiltv  of 


688  MOTOR   VEHICLES. 


a  violation  of  airy  section  of  this  Act  and  fined  therefor, 
and  who  shall  thereafter  be  convicted  of  a  second  violation 
of  such  section,  may  be  fined  in  a  sum  not  exceeding  double 
the  penalty  herein  provided  for  a  first  offense,  and  in  ad- 
dition thereto  may  have  his  certificate  or  license  issued  by  the 
Secretary  of  State  revoked  for  a  period  not  exceeding  three  months, 
and  for  a  third  or  subsequent  violation  of  the  same  section  of  this  Act 
the  certificate  or  license  may,  in  addition  to  the  fine  provided  for  the 
second  offense,  be  revoked  for  a  period  not  exceeding  six  months.  Any 
person  whose  license  shall  have  been  revoked  for  a  violation  of  any  of 
the  provisions  of  this  Act  and  who  shall  drive  or  operate  a  motor  ve- 
hicle or  motor  bicycle  within  the  State  of  Illinois,  fluring  the 
period  for  which  his  said  license  shall  have  been  revoked,  or  any  per- 
son who,  having  once  been  convicted  of  a  failure  to  comply  with 
the  provisions  of  this  Act  requiring  a  registration  of  motor  ve- 
hicles or  motor  bicycles  or  the  examination  and  licensing  of  chauffeurs 
shall  fail  or  refuse  to  comply  with  said  provisions,  shall  be  deemed  guilty 
of  a  misdemeanor  and  on  conviction  may  be  fined  in  a  sum  not  to  ex- 
ceed two  hundred  dollars,  or  imprisoned  in  the  county  jail  for  a  period 
not  exceeding  thirty  (30)  days,  or  both,  in  the  discretion  of  the  court. 
All  fines  imposed  for  violation  of  any  of  the  provisions  of  this  Act 
shall  be  paid  to  the  treasurer  of  the  highway  commissioners  of  the 
township  or  road  district  in  which  the  offense  is  committed  by  the 
justice  of  the  peace,  clerk  of  the  court,  or  other  officer  to  whom  the 
amount  of  such  fines  shall  be  by  law  required  to  be  paid  by  the  con- 
stable, bailiff,  sheriff,  or  other  officer  named  in  any  execution,  issued  for 
the  collection  of  the  same,  and  all  money  so  received  by  the  treasurer 
of  the  highway  commissioners,  shall  be  used  in  repairing  and  improv- 
ing the  roads  within  such  township  or  road  district.  And  it  shall  be 
the  duty  of  the  Department  of  Public  Works  and  Buildings,  Chief 
Highway  Engineer,  county  superintendent  of  highways  and  commis- 
sioners of  highways  to  seasonably  prosecute  for  all  fines  and  penalties 
under  this  Act :  Provided,  however,  that  whenever  any  such  violation 
shall  occur  within  the  limits  of  any  city,  village  or  incorporated  town, 
or  within  the  jurisdiction  of  any  board  of  park  commissioners,  wherein 
no  commissioners  of  highways  exist  or  have  jurisdiction,  in  such  case 
all  fines  imposed  for  tbe  violation  of  any  of  the  provisions  of  this  Act 
shall  be  paid  to  the  treasurer  of  such  city,  village,  or  incorporated  town 
or  to  the  park  commissioners  within  whose  jurisdiction  the  offense  is 
committed,  by  the  justice  of  the  peace,  clerk  of  the  court,  or  other  of- 
ficer to  whom  the  amount  of  such  fines  shall  be  by  law  required  to  be 
paid  by  the  constable,  bailiff,  sheriff,  or  other  officer  named  in  any  ex- 
ecution issued  for  the  collection  of  the  same,  and  all  money  so  received 
by  the  treasurer  of  such  city,  village  or  incorporated  town,  or  park 
commissioners,  shall  be  used  in  repairing  and  improving  the  roads  or 
streets,  within  such  city,  village,  incorporated  town  or  park;  and  in 
such  cases  it  shall  be  the  duty  of  the  police  officers  and  officials  of  cities, 
villages,  incorporated  towns  and  parks  to  prosecute  for  all  fines  and 
penalties  under  this  Act.  The  Secretary  of  State,  for  the  purpose  of 
more  effectively  carrying  out  the  provisions  of  this  Act  is  hereby  author- 


NATIONAL    GUARD    AND    NAVAL    RESERVE.  089 


ized  and  empowered  to  appoint  special  representatives  to  act  as  auto- 
mobile and  motor  bicycle  investigators,  in  such  numbers  and  for  such 
localities  as  he  may  deem  advisable,  said  investigators  to  serve  without 
compensation. 

§  44.  Public  highways  shall  include  any  highway,  county  road, 
State  road,  public  street,  avenue,  alley,  parkway,  driveway  or  public 
place  in  any  county,  city,  village,  incorporated  town  or  towns.  Local 
authorities  shall  include  all  officers  of  counties,  cities,  villages,  incorpo- 
rated towns,  towns  or  road  districts  as  well  as  all. boards,  committees  and 
other  public  officials  of  such  counties,  cities,  villages,  incorporated  towns, 
or  road  districts. 

§  45.  The  Secretary  of  State,  or  his  authorized  agent,  may,  at 
his  discretion,  dispose  of,  destroy,  or  cause  to  be  destroyed,  applications 
for  licenses,  examination  papers,  correspondence,  or  any  other  records 
which  have  been  on  file  in  the  office  of  said  Secretary  of  State  for  a 
period  of  five  years  or  more. 

§  46.  An  Act  entitled,  "An  Act  defining  mot6r  vehicles  and  pro- 
viding for  the  registration  of  the  same,  and  of  motor  bicycles,  and  uni- 
form rules  regulating  the  use  of  speed  thereof;  prohibiting  the  use  of 
motor  vehicles  without  the 'consent  of  the  owner,  and  the  offer  or  ac- 
ceptance of  any  bonus  or  discount,  or  other  consideration,  for  the  pur- 
chase of  sunolies  or  parts  for  any  such  motor  vehicle,  or  for  work  or 
repairs  done  thereon  by  others,  and  defining  chauffeurs,  and  providing 
for  the  examination  and  licensing  thereof,  and  to  repeal  certain  Acts 
therein  named,"  approved-. June  10,  1911,  in  force  July  1,  1911,  as 
amended,  is  repealed. 

§  47.  This  Act  shall  take  effect  and  be  in  force  on  and  after  the 
first  day  of  January,  1920. 

Approved  June  30,  1919. 


NATIONAL  GUARD  AND  NAVAL  RESERVE. 


GAMBLING  DEVICES. 

§    1.     Manufacture    of — sell — lease.  §    4.     Unlawful    to    bargain    for    sale    or 

lease. 
§    2.     Who    shall    seize,    etc. 

§   5.     Declared      nuisance — penalty — ex- 
§   3.     Penalty   for   violation.  ception. 

(Senate  Bill  No.   161.     Filed  July  11,   1919.) 

An  Act  to  protect  all  counties  in  the  State  of  Illinois  in  which  there 
are  United  States  naval  stations,  and  military  posts  of  the  first  class 
from  slot  machines  and  other  gambling  devices. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  it  shall  be  unlawful  for 
any  person,  firm  or  corporation,  as  owner,  agent  or  otherwise,  to  manu- 
facture, sell,  lease,  or  hold,  or  offer  for  sale,  or  lease  to  another  any 
clock,  joker,  punch  board,  tape  or  slot  machine,  or  any  other  device 
upon  which  money  is  staked  or  hazarded,  or  into  which  money  is  paid 
or  played  upon  chance,  or  upon  the  result  of  the  action  of  which  money 
or  valuable  thing  is  staked,  bet,  hazarded,  won  or  lost,  in  any  county 
—44  L 


690  OIL    AND   GASOLINE. 


in  the  State  of  Illinois  in  which  there  is  a  United  States  military  post, 
or  United  States  naval  training  station  of  the  first  class. 

§  2.  Every  such  machine  described  in  this  Act  is  hereby  declared 
a  gambling  device,  and  shall  be  subject  to  seizure,  confiscation  and  de- 
struction by  any  municipal,  or  other  local  authority,  within  whose 
jurisdiction  the  same  may  be  found. 

§  3.  Any  person,  firm  or  corporation,  who,  by  himself  or  another, 
his  principal,  agent  or  otherwise,  shall  violate  the  provisions  of  this 
Act,  shall  be  fined  for -the  first  offense  not  less  than  $100.00,  and  shall 
be  imprisoned  for  thirty  days  in  the  county  jail,  and  for  the  second 
offense  not  less  than  $500.00,  and  shall  be  confined  in  the  county  jail 
not  less  than  six  months,  and  for  each  subsequent  offense  shall  be  fined 
not  less  than  $500.00  and  imprisoned  in  the  penitentiary  for  one  year. 

§  4.  It  shall  be  unlawful  to  bargain  for  the  sale  or  lease  of  any 
gambling  machine  described  in  this  Act,  or  to  collect  money,  or  to 
take  compensation  for  such  sale,  or  lease,  or  to  take  or  accept  money 
from  any  person,  or  from  any  such  machine  as  a  share  or  royalty,  or 
compensation  for  any  such  lease,  or  sale.  Proof  that  such  machine 
or  device  when  seized  has  not  been  used,  or  is  out  of  repair,  shall  not 
constitute  a  defense  to  a  prosecution  under  this  Act. 

§  5.  All  places  where  slot  machines  and  other  gambling  devices 
are  held  or  operated  shall  be  taken  and  declared  to  be  common  and 
public  nuisances,  and  whosoever  shall  keep  anv  such  place  by  him- 
self or  his  agents  or  servant,  shall,  for  each  offense,  be  fined  not  less 
than  $100.00,  and  shall  be  confined  in  the  county  jail  for  thirty  days, 
and  for  each  subsequent  offense  shall  be  fined  $500.00  and  confined  in 
the  county  jail  for  six  months. 

Exception]  Vending  machines  by  which  full  and  adequate  re- 
turn is  made  for  the  money  invested  and  in  which  there  is  no  element 
of  chance  or  hazard  shall  not  fall  under  the  provisions  of  this  Act. 

Filed  July  11,  1919. 

The  Governor  having1  failed  to  return  this  bill  to  the  General  Assembly  during 
its  session,  and  having  failed  to  file  it  in  mv  office,  with  his  objections,  within  ten 
days  after  the  adiournment  of  the  General  Assembly,  it  has  thereby  become  a  law. 

Witness  my  hand  this   11th   day   of  July.   A.   D.    1919. 

Louis  L.  Emmeeson,   Secretary  of  State. 


OIL  AND  GASOLINE. 

AMENDING  ACT  OF  1915. 

§   1.     Amends    sections    1,    7    and    8,   Act  §   7.     Penalty    for    neglect    to 

of  1915.  give   notice    of   or   for 

selling  oil  not  inspec- 
§   1.     Appointment    of    inspec-  ted —  counterfeit 

tors — term  of  office —  brands,  etc. 

fees — salary. 

§  8.  Coal  oil.  etc.,  shipped 
by  refiner  within 
State  to  be  inspected 
at  receiving  point. 

(Senate  Bill  No.    493.     Approved  June   28,    1919.) 

An  Act  to  amend  sections  1,  7  and  8  of  an  Act  entitled,  "An  Act  in 
relation  to  oil  inspection,"  approved  June  29,  1915,  in  force  July  1, 
1915.  ' 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the   General  Assembly:     That  sections  1,   7  and  8  of 


OIL    AND   GASOLINE.  691 


an  Act  entitled,  "An  Act  in  relation  to  oil  inspection/'  approved  June 
29,  1915,  in  force  July  1,  1915,  be  and  the  same  are  hereby  amended 
so  that  said  sections  shall  read  respectively  as  follows : 

§  1.  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois,  rep- 
resented in  the  General  Assembly:  That  the  mayor  of  any  city,  with 
the  approval  of  the  city  council,  the  president  of  the  board  of  trustees 
of  any  village  or  incorporated  town,  with  the  approval  of  such  board 
of  trustees,  may  appoint  one  or  more  inspectors  for  the  inspection  of 
coal  oil,  petroleum,  naptha,  gasoline,  benzine,  mineral  seal,  benzol,  sig- 
nal and  other  mineral  oils  in  fluids,  fix  the  compensation  of  such  in- 
spectors and  prescribe  the  fees  to  be  paid  by  those  for  whom  such  in- 
spectors render  services.  The  county  judge  of  any  county  may  appoint 
such  inspectors  for  territory  not  within  city  limits,  village  or  incorpor- 
ated town,  fix  their  compensation  and  fees.  Everv  such  inspector  shall 
hold  office  for  one  year,  and  until  his  successor  is  qualified,  and  with 
the  approval  of  the  power  appointing  him,  may  appoint  deputies,  for 
whom  he  shall  be  responsible,  who  shall  take  the  same  oath  and  be 
liable  to  the  same  penalties  as  the  inspector.  All  fees  collected  by  such 
inspector  or  deputy  shall  be  paid  by  him  into  the  county,  city,  village 
or  town  treasury  and  be  the  property  of  such  county,  city,  village  or 
town.  The  salary  of  such  inspector  shall  not  exceed  five  thousand 
dollars  ($5,000.00)  per  year:  Provided,  that  any  city  having  a  popu- 
lation of  less  than  one  hundred  thousand  (100,000)  or  any  village  or 
town  may  by  ordinance  provide  that  such  inspector  or  deputy  shall  re- 
ceive in  lieu  of  salary  the  fees  collected  by  him. 

§  7.  Any  refiner  or  producer  or  any  dealer  in,  or  manufacturer, 
person,  firm  or  corporation  using,  directly  or  in  the  manufacture  of 
their  product,  coal  oil,  naptha,  gasoline,  benzine,  mineral  seal,  benzol, 
signal  or  other  mineral  oil  or  fluid,  in  any  city,  village  or  town  in  which 
such  inspector  is  appointed,  who  shall  neglect  to  give  notice  to  such 
inspector  of  any  such  oil  or  fluid  in  his  possession,  within  two  days 
after  the  same  is  made  or  refined  by  him  or  received  into  his  possession, 
or  shall  offer  any  such  oil  or  fluid  for  sale  before  the  same  has  been 
so  inspected,  or  shall  sell  or  attempt  to  sell  to  any  person,  for  illumin- 
ating purposes,  any  such  oil  which  is  below  the  approved  standard — 
that  is,  having  igniting  point  less  than  one  hundred  and  fifty  degrees 
Fahrenheit,  as  indicated  and  determined  in  the  manner  herein  pro- 
vided, or  shall  use  any  package,  cask,  barrel  or  other  thing  having  the 
inspection  brand  thereon,  the  oil  or  fluid  therein  not  having  been  in- 
spected, or  shall  counterfeit  anv  brand,  shall  be  fined  not  exceeding 
$200  and  be  liable  to  the  party  injured  for  all  damages  occasioned  there- 
by, and  all  the  casks,  barrels  or  packages  so  falsely  used,  and  their 
contents,  shall  be  forfeited,  and  may  be  seized  and  sold. 

§  8.  All  coal  oil,  naptha,  gasoline,  benzine,  mineral  seal,  benzol, 
signal  or  other  mineral  oil  or  fluid,  shipped  by  any  refiner  or  producer 
within  the  State,  must  be  inspected  by  the  inspector  at  the  receiving 
point. 

Approved  June  28,  1919. 


61)2  OIL    AND   GASOLINE. 


GASOLINE   RECEPTACLES— COLOR   AND    LABEL. 

§   2.     Per 
§   2.      Amends  title. 


§   1.     Amends   sections   1   and   2,   Act  of  §   2.     Penalty. 

1913. 


§  1.  Receptacles  for  gasoline 
■ — color,  etc. — Depart- 
ment of  Trade  and 
Commerce  to  enforce 
Act. 

(Senate  Bill  No.    450.     Approved  June  2  8,    1919.) 

An  Act  to  amend  sections  1  and  2  and  the  title  of  an  Act  entitled,  "An 
Act  prescribing  the  color  and  label  for  gasoline  receptacles,"  approved 
June  21,  1913,  in  force  July  1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  tfiate  of  Illinois, 
represented  in  the  General  Assembly:  Sections  1  and  2  of  an  Act  en- 
titled :  'An  Act  prescribing  the  color  and  label  for  gasoline  receptacles/ 
approved  June  17,  1913,  in  force  July  1,  1913,  is  amended  to  read  as 
follows : 

§  1.  That  all  receptacles  for  gasoline  or  benzol  nsed  in  the  retail 
trade,  except  tank  wagons  or  trucks,  shall  be  red  and  shall  be  labeled 
"gasoline"  or  "benzol"  as  the  case  may  be,  in  letters  of  a  contrasting 
color  and  a  height  of  not  less  than  one-half  inch,  and  it  shall  be  un- 
lawful in  such  retail  trade  or  anything  pertaining  thereto  to  put  gaso- 
line or  benzol  into  any  receptacle  of  any  other  color  than  red  and  not 
labeled  as  above  required. 

It  shall  also  be  unlawful  to  put  any  other  liquids  or  oils  except 
gasoline  or  benzol  in  such  receptacles  theretofore  used  for  gasoline  or 
benzol,  so  long  as  such  receptacles  are  so  painted  red  and  labeled  "gaso- 
line" or  "benzol"  as  aforesaid. 

The  Department  of  Trade  and  Commerce  shall  have  power  to  en- 
force the  provisions   of  this   Act. 

§  2.  Any  person  violating  the  foregoing  section  of  this  Act  shall 
be  subject  to  a  fine  of  not  less  than  ten  ($10)  dollars. 

§  2.  The  title  of  said  Act  is  amended  to  read  as  follows :  'An  Act 
prescribing  the  color  and  label  for  gasoline  or  benzol  receptacles. 

Approved  June  28,  1919. 

STORAGE,   TRANSPORTATION,    SALE  AND   USE. 
§    1.     In  what  manner  unlawful  to  store.        §   3.     Penalty  for  violation. 

§  2.  Department  of  Trade  and  Com- 
merce to  adopt  rules,  etc.  — 
exceptions. 

(House   Bill   No.    632.     Approved   June   2  8,    1919.) 

An  Act  to  regulate  the  storage,  transportation,  sale  and  use  of  gasoline 

and  volatile  oils. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  it  shall  be  unlawful  for 
any  person,  firm,  association  or  corporation  to  keep,  store,  transport, 
sell  or  use  any  crude  petroleum,  benzine,  benzol,  gasoline,  naptha,  ether 
or  other  like  volatile  combustiles,  or  other  compounds,  in  such  manner 
or  under  such  circumstances  as  will  jeopardize  life  or  property. 

§  2.  Except  in  cities  or  villages  where  regulatory  ordinances  upon 
the  subject  are  in  full  force  and  effect  the  Department  of  Trade  and 
Commerce  shall  have  power  to  make  and  adopt  reasonable  rules  and 


PAEKS    AND   BOULEVAEDS.  693 


regulations  governing  the  keeping,  storage,  transportation,  sale  or  use 
of  gasoline  and  volatile  oils. 

§  3.  Any  person,  firm,  association  or  corporation  violating  any 
of  the  provisions  of  this  Act  or  any  of  the  reasonable  rules  and  regula- 
tions of  the  Department  of  Trade  and  Commerce  adopted  pursuant  to 
the  provisions  of  this  Act  shall  be  subject  to  a  fine  of  not  less  than 
$10.00  nor  more  than  $50.00  for  each  offense,  recoverable  in  an  action 
of  debt  at  the  suit  of  Attorney  General  the  Director  of  the  Department 
of  Trade  and  Commerce,  or  State's  attorney  of  the  county  where  such 
violation  occurs.  Each  day  of  violation  of  the  provisions  of  this  Act 
or  the  reasonable  rules  and  regulations  of  the  Department  of  Trade  and 
Commerce  shall  constitute  a  separate  offense. 

Approved  June  28,  1919. 

PARKS  AND  BOULEVAEDS. 


BONDS. 
§   1.     Who    may   issue — purposes — propo.-ition  to  be  submitted. 

(Senate  Bill  No.    480.     Approved  June   28,    1919.) 

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

Section  1.  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly:  That  the  corporate  authorities 
of  any  public  park  district,  having  the  control  or  supervision  of  any 
public  park  or  parks  in  any  city  of  this  State  wherein  other  park  dis- 
tricts and  parks  are  situated,  may,  from  time  to  time  in  their  discre- 
tion, issue  and  sell  in  addition  to  the  bonds  now  authorized  by  law 
to  be  issued  and  sold  by  corporate  authorities,  interest-bearing  bonds 
for  the  purpose  of  obtaining  such  funds  as  they  may  deem  necessary 
in  defraying  the  expense  of  connecting  any  park  or  parks  under  their 
control,  with  any  other  public  park  or  parks  by  means  of  a  boulevard 
and  driveway  in  said  city,  and  altering  and  improving  connection  or 
connections  between  such  parks,  or  by  constructing  or  aiding  in  the 
construction  of,  or  paying  the  cost  of,  or  contributing  toward  the  pay- 
ment of  the  cost  of  or  reimbursing,  wholly  or  in  part,  any  such  city 
hereinafter  •  mentioned,  for  the  cost  of  any  improvement  consisting 
wholly  or  in  part  of  surface  or  elevated  boulevards  or  thoroughfares, 
and  in  the  approaches  thereto,  or  bridges,  subways  or  tunnels,  and  the 
approaches  thereto,  located,  wholly  or  in  part  in  the  district  or  territory 
taxable  for  the  maintenance  of  the  park  or  parks  under  the  control 
or  supervision  of  such  corporate  authorities,  over,  across,  along,  upon, 
in  or  under  streets,  alleys  or  public  waters,  whenever  thereunto  author- 
ized by  any  city  having  control  thereof  or  engaged  in  the  construction 
of  any  such  improvement,  or  if  heretofore  or  hereafter  otherwise  prop- 
erly authorized,  provided  no  bonds  shall  be  issued  under  this  Act  con- 
trary to  the  provisions  of  section  12,  Article  9.  of  the  Constitution  of 
-this  State:  And  provided  further,  that  the  proposition  to  issue  such 
bonds  shall  be  submitted  to  a  vote  of  the  legal  voters  of  such  park 
district  at  any  general,  municipal  or  special  election,  and  receive  a  ma- 


694  PARKS    AND   BOULEVARDS. 


jority  of  the  votes  cast  upon  such  proposition  by  the  voters  of  said  park 
district  at  such  election.  And  authority  is  hereby  expressly  granted  to 
the  park  commissioners  issuing  such  bonds,  to  levy  and  collect  a  direct 
annual  tax  upon  the  property  within  their  jurisdiction  in  addition  to 
the  amount  of  any  tax  now  authorized  by  law  to  be  levied  and  collected 
by  them  sufficient  to  pay  the  interest  on  said  bonds  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  thereof  within  twenty  years  from 
the  date  of  issuing  of  said  bonds,  and  the  county  clerk  of  the  county  in 
which  such  park  district  is  located  or  such  other  officer  or  officers  as  are 
by  law  authorized  to  spread  or  assess  taxes  for  park  purposes  and  other 
purposes,  shall,  on  receiving  a  certificate  from  such  park  commission- 
ers that  the  amount  mentioned  in  such  certificate  is  necessary  to  pay 
the  interest  on  said  bonds,  and  also  to  pay  and  discharge  the  principal 
thereof  within  twenty  years  from  the  date  of  issuing  said  bonds,  spread 
and  assess  such  amount  upon  the  taxable  property  embraced  in  said 
park  district,  the  same  as  other  park  taxes  are  by  law  spread  and  assess- 
ed, and  the  same  shall  be  collected  and  paid  over  the  same  as  other 
park  taxes  are  now  required  by  law  to  be  collected  and  paid. 
Approved  June  28,  1919. 


IMPROVEMENTS — HIGHWAYS    ADJOINING    PARKS. 

§    1.     Amends   Act   of    1909.  §   3.     Remainder    of    cost    to    be 

raised  by  municipality. 
§   1.     Who  shall  make  improve- 
ments and  repairs.  §   4.     To  pay  any  valid  existing 

indebtedness. 
§    2.     Who  empowered  to  pay  for 

improvements — to    issue       §   2.     Amends  title  of  Act. 
bonds. 

(House   Bill   No.    657.     Approved   June    28,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  making  im- 
provements and  repairs  upon  highways  adjoining  public  paries  and 
pleasure  grounds,"  approved  and  in  force  April  22,  1907,  as  amended 
by  an  Act  approved  and  in  force  May  25,  1909,  and  to  amend  the  title 
thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  making  improvements  and  repairs  upon  highways  adjoin- 
ing public  parks  and  pleasure  grounds,"  approved  and  in  force  April  22, 
1907,  as  amended  by  an  Act  approved  and  in  force  May  25,  1909,  be 
amended  so  that  the  same  shall  read  as  follows: 

§  1.  That  whenever  any  boulevard  or  parkway  under  the  control 
of  any  public  park  commissioners  is  in  need  of  improvements  or  repairs, 
it  shall  be  competent  for  said  park  commissioners  to  make  such  im- 
provements or  repairs;  or  whenever  any  public  street,  avenue  or  alley 
under  the  control  of  any  city,  town  or  village  adjoining  any  public  park, 
or  pleasure  ground  under  the  control  of  any  public  park  commissioners 
is  in  need  of  improvements  or  repairs,  it  shall  be  competent  for  said 
park  commissioners  and  said  city,  town  or  village,  from  time  to  time,  to 
enter"  into  an  agreement  for  the  payment  to  such  city,  town  or  village, 
by  such  park  commissioners,  of  such  portion  of  the  cost  of  the  im- 
provement or  repair  of  such  public  street,  avenue  or  alley,  as  may  in 


PARKS    AND    BOULEVARDS.  695 


the  judgment  of  said  commissioners  be  of  benefit  to  said  park  or  pleasure 
ground,  or  to  enter  into  an  agreement  for  the  making  of  such  portion 
of  the  improvements  or  repairs  by  said  park  commissioners  to  any  such 
public  street,  avenue  or  alley  adjoining  such  public  park  or  pleasure 
ground. 

§  2.  In  case  such  boulevards  or  parkways  are  improved  or  re- 
paired, or  in  case  an  agreement  shall  have  been  entered  into  by  the  park 
commissioners  for  the  improving  or  repairing  of  any  such  street,  avenue 
or  alley  adjoining  such  park  or  pleasure  ground,  the  commissioners 
having  the  control  of  such  boulevards,  parkways,  parks  or  pleasure 
grounds,  or  the  corporate  authorities  within  which  such  boulevards, 
parkways,  parks  or  pleasure  grounds  may  be  situated,  shall  have  the 
power  to  pay  for  such  improvements  or  repairs  of  such  boulevards  and 
parkways,  and  shall  have  the  power  to  pay  for  such  portion  of  the  cost 
of  such  improvements  or  repairs  of  any  public  street,  avenue  or  alley 
adjoining  such  park  or  pleasure  ground,  out  of  the  general  revenues  of 
such  board  of  park  commissioners  or  corporate  authorities  controlling 
any  such  boulevards,  parkways,  parks  or  pleasure  grounds,  or  by  the 
issue  and  sale,  from  time  to  time,  of  interest  bearing  bonds;  provided 
no  bonds  shall  be  issued  under  this  Act  contrary  to  the  provisions  of 
section  12,  Article  9  of  the  Constitution  of  this  State,  and  provided 
further  that  the  total  amount  of  said  bonds  to  be  so  issued  shall  not  at 
any  time  exceed  the  sum  of  five  hundred  thousand  dollars  ($500,000)  ; 
and  authority  is  hereby  expressly  granted  to  the  park  commissioners  or 
corporate  authorities  issuing  such  bonds  to  levy  and  collect  a  direct 
annual  tax  upon  the  property  within  the  jurisdiction  of  such  park  com- 
missioners or  corporate  authorities,  in  addition  to  any  tax  now  authorized 
by  law  to  be  levied  and  collected  by  them,  sufficient  to  pay  the  interest 
on  said  bonds  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal 
thereof  within  twenty  years  from  the  date  of  the  issue  of  said  bonds,  and 
the  county  clerk  of  the  county  in  which  such  district  or  town  is  located, 
or  such  other  officer  or  officers  as  are  by  law  authorized  to  spread  or 
assess  taxes  for  park  purposes,  on  receiving  certificate  from  such  park 
commissioners  or  corporate  authorities,  that  the  amount  mentioned  in 
such  certificate  is  necessary  to  pay  the  interest  on  said  bonds  and  also 
to  pay  and  discharge  the  principal  thereof  within  twenty  years  from  the 
date  of  issuing  said  bonds,  shall  spread  and  assess  such  amount  upon  the 
taxable  property  embraced  in  said  park  district  or  town,  the  same  as 
other  taxes  are  by  law  spread  and  assessed  and  the  same  shall  be  col- 
lected and  paid  over  as  other  park  taxes  are  required  by  law  to  be  col- 
lected and  paid. 

§  3.  The  remainder  of  the  cost  of  making  such  improvements  or 
repairs  upon  any  public  street,  avenue  or  allev  adjoining  any  public  park 
or  pleasure  ground  shall  be  raised  by  said  city,  town  or  village,  by 
general  taxation  or  special  assessment,  as  said  city,  town  or  village  may 
determine. 

§  4.  Park  commissioners  having:  the  control  of  any  public  park  or 
pleasure  ground  adjoining  any  street,  avenue  or  alley  under  the  control 
of  any  city,  town  or  village  shall  have  the  power  under  this  Act  to  pay 


GOG  PAEKS    AND   BOULEVARDS. 


to  such  city,  town  or  village  such  sum  or  sums  of  money,  out  of  the  pro- 
ceeds of  the  sale  of  said  bonds,  not  to  exceed,  however,  a  total  amount 
of  one  hundred  thousand  dollars  ($100,000),  as  may  be  necessary  for  the 
purpose  of  discharging  any  valid  existing  indebtedness  of  such  park 
commissioners  arising  from  any  agreement  or  agreements  made  by  such 
park  commissioners,  with  such  city,  town  or  village  prior  to  the  adoption 
of  this  Act,  for  the  improvement  and  repair  of  any  such  public  street, 
avenue  or  alley. 

§  2.  The  title  of  said  Act  is  amended  to  read  as  follows :  "An 
Act  to  provide  for  making  improvements  and  repairs  by  any  park  com- 
missioners upon 'boulevards,  parkways  and  highways. 

Approved  June  28,  1919. 


OLD  SALEM  STATE  PARK. 

§    1.     State  to   acquire  by  donation  cer-        §   2.     To    establish    State    Park  —  erect 
tain  lands  now  property  of  Old  suitable  buildings — employ  care- 

Salem    Chautauqua    Association.  taker,   etc. 

(House  Bill  No.   35.     Approved  April  3,  1919.) 

An  Act  to  establish  the  Old  Salem  State  Park,' in  Menard  County.  State 

of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  for  and  on  behalf  of  the 
State  of  Illinois,  the  Department  of  Public  Works  and  Buildings  shall 
have  the  power  to  acquire  by  donation,  the  title  to  the  land  formerly  con- 
stituting the  site  of  town  of  New  Salem  (the  home  of  Abraham  Lincoln 
1831-1837)  and  land  contiguous  thereto,  now  the  property  of  the  Old 
Salem  Chautauqua  Association,  comprising  sixty-two  (62)  acres  more 
or  less.  The  title  to  such  land  shall  be  taken  in  the  name  of  the  People 
of  the  State  of  Illinois  and  the  deed  conveying  such  property  shall  be 
deposited  in  the  office  of  the  Secretary  of  State.  The  land  so  acquired 
shall  be  set  aside  as  a  State  park,  to  be  known  as  the  "Old  Salem  State 
Park"  and  shall  never  be  devoted  to  any  other  use. 

§  2.  After  the  acquisition  of  the  land  formerly  constituting  the 
site  of  the  town  of  New  Salem  and  the  land  contiguous  thereto  as  afore- 
said by  the  State  of  Illinois,  it  shall  be  the  duty  of  the  Department  of 
Public  Works  and  Buildings 

(1)  To  take  possession  of  such  land  and  establish  and  maintain 
thereon  a  State  park  which,  subject  to  such  reasonable  rules  and  regu- 
lations as  may  be  deemed  necessary,  shall  be  free  of  access  to  the  public ; 

(2)  Erect  thereon  a  suitable  building  of  sufficient  dimensions  to 
house  and  preserve  all  relics  and  mementoes  of  Abraham  Lincoln's  resi- 
dence in  the  town  of  New  Salem; 

(3)  To  provide  a  residence  for  the  caretaker  or  custodian  of 
Old  Salem  State  Park,  and  make  such  other  improvements  as  may  be 
necessary ; 

(4)  Complete  the  restoration  of,  as  far  as  possible,  all  buildings 
which  were  standing  thereon  during  the  time  that  Abraham  Lincoln 
resided  in- the  town  of  New  Salem; 


PAUPERS-  .  697 

(5)  Employ  a  caretaker  or  custodian  for  Old  Salem  State  Park; 
and 

(6)  Employ  such  other  persons  at  such  times  as  may  be  required 
for  the  care,  preservation  and  protection  of  Old  Salem  State  Park  and 
for  the  accommodation  of  the  public. 

Approved  April  3,  1919. 


PAUPEES. 

AMENDS  ACT   OP   1874. 

§    1.     Adds  section  22a  and  amends  sec-  §   29.     Overseer    to    keep    ac- 

tion 29,   Act  of  1874.  count — copies. 

§   22a.   Commitment — removal. 

(House  Bill  No.   334.     Approved  June  28,   1919.) 

An  Act  to  amend  section  29  of  an  Act  entitled:  "An  Act  to  revise  the 
law  in  relation  to  paupers/'  approved  March  23,  187Jf,  in  force  July 
1,  187^,  as  amended,  and  to  add  thereto  a  new  section  to  he  known 
as  section  22a. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  29  of  an  Act  en- 
titled :  "An  Act  to  revise  the  law  in  relation  to  paupers,"  approved 
March  23,  1874,  in  force  July  1,  1874,  as  amended,  is  amended  and 
there  is  added  to  said  Act  a  new  section  to  be  known  as  section  22a,  the 
amended  and  additional  sections  to  read  as  follows : 

§  22a.  No  feebleminded  girl  or  woman  between  the  ages  of  four- 
teen and  forty-five  years  shall  be  kept  in,  committed  to,  placed  or  re- 
ceived in  any  poor  house  or  Door  farm.  No  male  child  under  the  age  of 
seventeen  years  or  female  child  under  the  age  of  eighteen  years  shall  be 
kept  in  any  poor  house  or  poor  farm  for  a  period  of  more  than  thirty 
days.  Provided,  that  nothing  in  this  Act  contained  shall  be  so  construed 
as  to  require  the  removal  of  any  person  now  an  inmate  of  any  poor 
house  or  poor  farm,  unless  the  Department  of  Public  Welfare,  in  its 
discretion,  shall  deem  such  removal  necessary. 

§  29.  The  overseers  of  the  poor  in  each  town  m  counties  under 
township  organization  (whether  the  poor  are  supported  by  townships 
or  otherwise);  and  of  each  precinct  in  counties  not  under  township 
organization,  shall  keep  an  accurate  account,  showing  the  name  of  every 
person  relieved  or  supported  in  their  town  or  precinct;  the  place  of  his 
birth ;  the  manner  in  which  he  is  relieved  or  supported  whether  in  whole 
or  in  part  at  the  expense  of  the  county  or  town;  the  amount  of  the  aid 
furnished ;  whether  the  dependency  was  on  account  of  idiocy,  lunacy,  in- 
temperance, dr  other  cause,  stating  the  cause.  Before  the  first  meeting 
of  the  county  board  in  September  of  each  year  [each]  overseer  of  the 
poor  shall  file  two  copies  of  this  account  with  the  county  clerk  of  his 
county.  The  county  clerk  shall  within  five  days  after  the  adjournment 
of  the  September  meeting  of  the  county  board  in  each  year  transmit  one 
of  such  copies  to  the  Department  of  Public  Welfare. 

Approved  June  28,  1919. 


698  PAUPERS. 


POWER  OP  COUNTY  BOARD. 

§   1.     Amends  section  28,  Act  of  1874.  §   28.     Powers  of  county  board. 

(Senate  Bill  No.   80.     Approved  June  28,   1919.) 

An  Act  to  amend  section  28  of  "An  Act  to  revise  the  law  in  relation  to 
paupers",  approved  March  23,  181k,  in  force  July  1,  181k,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  that  section  28  of  an  Act  en- 
titled "An  Act  to  revise  the  law  in  relation  to  paupers",  approved  March 
23,  1874,  in  force  July  1,  1874,  as  amended,  is  amended  to  read  as 
follows : 

§  28.  The  county  board  of  any  county  in  this  State  in  which 
the  poor  are  not  supported  by  the  towns  thereof,  as  provided  by  law, 
shall  have  power 

(1)  To  acquire  in  the  name  of  the  county  by  purchase,  grant, 
gift  or  devise,  a  suitable  tract  or  tracts  of  land  upon  which  to  erect 
and  maintain  a  county  poor  house  and  other*necessary  buildings  in  con- 
nection therewith,  and  for  the  establishment  and  maintenance  of  a 
farm  for  the  employment  of  the  poor,  and  to  erect  and  maintain  such 
buildings  and  establish  and  maintain  such  farm,  but  they  shall  not  ex- 
pend for  the  purchase  of  any  such  land  or  the  erection  of  any  such 
buildings  a  sum  exceeding  three  thousand  ($3,000.00)  dollars  without 
a  two-thirds  majority  vote  of  all  the  members  of  the  county  board. 

Any  such  county  shall  have  power  by  contract  with  another  county 
or  counties,  to  jointly  secure  by  purchase  or  otherwise,  necessary  lands, 
and  erect  and  maintain  a  poor  house  and  other  necessary  buildings  for 
the  maintenance  of  the  poor  of  such  counties. 

(2)  To  receive  in  the  name  of  the  county  gifts,  devises  and  be- 
quests to  aid  in  the  erection  or  maintenance  of  the  poor  house,  or  in 
the  care  and  support  of  poor  and  indigent  persons. 

(3)  To  make  all  proper  rules  and  regulations  for  the  manage- 
ment of  the  county  poor  house  and  poor  farm  and  of  the  inmates  of 
the  poor  house.  Provided,  that  no  such  poor  farm  shall  be  let  or  rented 
upon  the  principle  of  the  highest  bid  for  the  use  of  the  land  and  the 
lowest  bid  for  the  maintenance  of  the  county  charges  or  upon  any  plan 
which  may  tend  to  the  detriment  or  neglect  of  the  inmates  or  the  waste 
or  deterioration  of  the  property,  but  shall  be  conducted 'by  the  county 
only  through  its  officers,  agents  or  representatives. 

(4)  To  appoint  a  keeper  of  the  poor  house  and  all  necessary 
agents  and  servants  for  the  management  and  control  of  the  poor  house 
and  farm  and  prescribe  their  compensation  and  duties. 

(5)  To  appoint  a  county  physician  and  prescribe  his  compensa- 
tion and  duties. 

(6)  To  appoint  an  agent  to  have  the  general  supervision  and 
charge  of  all  matters  in  relation  to  the  care  and  support  of  the  poor 
and  prescribe  his  compensation  and  duties. 

(7)  To  make  all  proper  and  necessary  appropriations  out  of  the 
county  treasury  for  the  purchase  of  land  and  the  erection  of  buildings, 
as  authorized  by  this  Act,  and  to  defray  the  expenses  necessary  in  the 


pawners'  societies.  699 


care  and  maintenance  of  the  same  and  for  the  support  of  the  poor, 
and  to  cause  an  amount  sufficient  for  said  purposes  to  be  levied  upon 
the  taxable  property  of  the  county  and  collected  as  other  taxes. 

(8)  Upon  the  vote  of  a  two-thirds  majority  of  all  the  members 
of  the  board  to  sell  and  dispose  of  the  whole  or  any  part  of  the  poor 
farm  of  the  county  in  such  maimer  and  upon  such  terms  as  they  may 
deem  best  for  the.  interest  of  the  county,  and  to  make  and  execute  all 
necessary  conveyances  thereof,  in  the  same  manner  as  other  conveyances 
of  real  estate  may  be  made  by  a  county. 

In  case  of  the  establishment  and  maintenance  of  a  joint  poor 
farm,  the  approval  of  the  county  board  of  each  county  shall  be  necessary 
for  action  under  any  provisions  of  this  section. 

Such  joint  poor  farm  may  be  dissolved  or  abandoned  by  agreement 
of  the  counties  interested,  or  upon  petition  to  the  County  Court,  upon 
such  terms  as  are  equitable  and  just  to  the  counties  concerned. 

All  poor  houses,  poor  farms  and  institutions  provided  and  main- 
tained by  counties  for  the  support  and  care  of  paupers  shall  be  known 
as  county  homes. 

Approved  June  28,  1919. 


PAWNEES'  SOCIETIES. 


REGULATIONS. 

§   1.     Amends   sections   3    and    6,   Act   of  §   6.     S  a  1  e      of      unredeemed 

1899.  property  —  time    limit 

for  claim   of  net   sur- 
§   3.     Amount  of  loan  limited  plus. 

(Senate  Bill  No.   312.     Approved  June  28,  1919.) 

An  Act  to  amend  sections  3  and  6  of  an  Act  entitled,  "An  Act  to  'pro- 
vide for  the  incorporation,  management,  and  regulation  of  pawners' 
societies  and  limiting  the  rate  of  compensation  to  be  paid  for  advances, 
storage  and  insurance  of  pawns  and  pledges,  and  to  allow  the  loaning 
of  money  upon  personal  property,"  approved  March  29,  1899,  in  force 
July  1st,  1899. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  3  and  6  of  the 
Act  to  provide  for  the  incorporation,  management  and  regulation  of 
pawners'  societies  and  limiting  the  rate  of  compensation  to  be  paid  for 
advances,  etc.,  approved  March  29,  1899,  in  force  July  1st,  1899,  be, 
and  it  is  hereby  amended  to  read  as  follows: 

§  3.  When  the  corporation  has  disposable  funds  it  may  make 
advances  on  all  goods,  chattels  and  savings  bank  deposit  books  offered, 
embraced  within  its  rules  and  regulations,  but  in  no  case  shall  the 
amount  loaned  to  any  one  person  exceed  the  sum  of  one  thousand  dol- 
lars ($1,000.00). 

§  6.  If  the  property  pledged  is  not  redeemed  within  the  time 
fixed  and  agreed  upon,  the  same  shall,  after  one  year  from  the  expiration 
of  the  time  of  the  pledge,  be  sold  at  public  auction  without  redemption, 
under  the  directions  of  said  corporation,  to  the  highest  bidder  for  cash, 


700  PENSIONS. 


at  which  sale  said  corporation  may  be  a  bidder  and  a  purchaser,  and  the 
net  surplus  of  the  proceeds  of  such  sale,  after  paying  the  cost  of  the 
sale  and  the  amount  due  said  corporation,  shall  be  paid  to  the  pawner 
or  pledger  or  his  legal  representative  or  assigns  on  demand  at  any  time 
within  two  (2)  years  after  such  sale.  But  said  pawner  or  pledger,  or 
his  legal  representative  or  assigns,  shall  have  no  right  to  said  net  sur- 
plus or  to  demand,  or  recover  the  same  after  the  expiration  of  said  two 
years. 

Approved  June  28,  1919. 


PENSIONS. 


HOUSE    OF    CORRECTION    EMPLOYEES'    PENSION    FUND. 

§      1.     Amends   Act   of    1911 — how   fund        §      9.     Retirement  after  twenty  years — 
created.  notice — annuitant. 

§      2.     Term    "employee"    denned — with-        §    10.     Retirement   account   of   disability 
drawal — refund.  —  after  three  years  —  notice — 

annuitant — death — payment    to 
§     3.     Custodian    of    fund — duty — bond  widow  or  child. 


-where    filed. 


§    11.     Certificate  of  disability. 


§      4.     Board    of    trustees  —  power    and 

duty — investments — city    treas-        §  12.     Marriage     by     beneficiary  —  no 

urer — custodian    of    securities.  benefit  to  wife  after  his  death 

—  increase    to    beneficiaries 

§      5.      Board     of     trustees  —  how     com-  under     Act      of      1911  —  term 

posed,     elected     and     term     of  "child"'    or   "children"    defined, 
office. 

§  13.     Deductions    certified    monthly  to 

§      6.     When  membership  in  board  shall  treasurer, 
cease  —  vacancies   how   filled — - 

power    and    duty    of    board —        §  14.     Exemptions — no    assignments, 
beneficiary   of  fund. 

§  15.     Interference    with    enforcement — 

§      8.     Annuity  payments.  penalties — repeal. 

(Senate  Bill   No.    299.     Filed   July    11,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  provide  for  the  setting 
apart,  formation  and  disbursement  of  a  house  of  correction  employees' 
pension  fund  in  cities  having  a  population  exceeding  150,000  in- 
habitants," approved  and  in  force  July  1,  1911. 

Section  1.  Be  it  enacted  by  the  People  of  t-Iie  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  the  formation  and  disbursement  of  a  house  of  correction 
employees'  fund,  in  cities  having  a  population  exceeding  150,000  in- 
habitants," approved  June  10,  1911,  and  in  force  July  1,  1911,  be 
amended  as  follows: 

That  the  board  of  inspectors  of  the  various  houses  of  correction, 
organized  under  an  Act  of  General  Assembly  of  the  State  of  Illinois 
entitled,  "An  Act  to  establish  houses  of  correction  and  authorize  the 
confinement  of  convicted  persons  therein,"  approved  April  25,  1871,  and 
maintained  thereunder  in  cities  having  a  population  exceeding  150,000 
inhabitants,  shall  have  power,  and  it  shall  be  its  duty  to  create  a  house 
of  correction  employees'  pension  fund  which,  shall  consist  of  two  (2) 
per  cent  of  the  salary  or  wages  of  the  employees,  deducted  in  equal 
monthly  installments  from  such  salaries  or  wages  at  the  regular  time  or 
times  of  the  payment  thereof,  but  not  to  exceed  two  (2)  dollars  per  month 


PENSIONS.  701 


and  three  (3)  per  cent  of  the  gross  earnings  of  the  house  of  correction, 
and  three  (3)  per  cent  of  the  fines  and  costs  collected  for  violation  of 
city  ordinances  where  the  persons  convicted  of  such  violations  have  been 
incarcerated  in  the  house  of  correction  for  the  non-payment  of  such 
fines  and  costs. 

§  2.  The  term  "employee"  under  this  Act,  shall  include  all  per- 
sons in  the  employ  of  any  such  house  of  correction  under  and  by  virtue 
of  an  Act  entitled,  "An  Act  to  regulate  civil  service  of  cities,"  approved 
and  in  force  March  20,  1895,  and  for  those  who  were  appointed  prior 
to  the  passage  of  such  Act  and  who  were  in  the  service  of  such  house 
of  correction  July  1,  1911 :  Provided,  however,  that  the  provisions  of 
this  Act  shall  not  apply  to  temporary  or  probationary  employees,  nor  to 
those  defined  as  "sixty-day  employees/'  nor  to  any  employee  who  is 
fifty  or  more  years  of  age  at  the  time  this  Act  is  in  force  and  effect  and 
who  at  said  time  has  not  been  in  the  service  of  such  house  of  correction 
for  at  least  ten  (10)  years:  And,  provided,  further,  that  this  Act  shall 
apply  only  to  those  employees  who  voluntarily  accept  and  agree  to  com- 
ply with  its  provisions.  Any  employee  on  sick  leave  or  leave  of  absence 
from  such  house  of  correction  who  has  contributed  to  said  pension  fund, 
will  be  considered  a  member  of  said  pension  fund,  and  will  be  entitled 
to  all  benefits  and  anniuties  under  this  Act,  while  he  or  she  remains  on 
said  sick  leave  or  leave  of  absence  from  said  house  of  correction :  Pro- 
vided, the  said  employee  does  not  take  employment  other  than  at  such 
house  of  correction  wdiile  on  sick  leave  or  leave  of  absence  from  such 
house  of  correction,  and  if  said  employee  goes  to  work  at  employment 
other  than  at  such  house  of  correction  while  on  said  sick  leave  or  leave  of 
absence,  from  such  house  of  correction,  he  or  she  will  not  be  considered 
an  employee  of  such  house  of  correction,  and  will  not  be  entitled  to  any 
benefits  under  this  Act :  And,  provided,  further,  that  any  woman  em- 
ployee contributing  to  said  pension  fund,  who  marries  and  then  takes  a 
leave  of  absence  for  reasons  other  than  sickness  of  self,  will  not  be 
entitled  to  any  benefits  or  annuities  under  this  Act,  while  on  such  leave 
of  absence,  unless  she  is  employed  at  least  three  (3)  months  of  each 
year  at  such  house  of  correction. 

Any  employee,  a  part  of  whose  salary  may  be  set  apart  hereafter  to 
provide  for  the  fund  created  by  this  Act,  shall  be  released  from  the 
necessity  of  making  further  payments  to  said  fund  by  filing  a  written 
notice  of  his  or  her  desire  to  withdraw  from  complying  with  the  pro- 
visions of  this  Act,  with  the  board  of  trustees  hereinafter  mentioned, 
which  resignation  shall  operate  and  go  into  effect  immediately  upon  its 
receipt  by  said  board  of  trustees. 

Any  employee  who  has  contributed  to  the  said  fund  for  three  (3) 
years  or  more,  and  who  shall  be  dismissed  or  resigned  from  the  service  of 
s.  the  said  house  of  correction,  may,  upon  application  made  within  three 
(3)  months,  after  such  dismissal  or  resignation,  receive  one-half  (%) 
of  the  total  amount  paid  into  said  fund  by  such  person  so  dismissed  or 
resigned. 

Any  person  in  the  employ  of  the  house  of  correction  July  1,  1911. 
shall  be  eligible  to  become    a    contributor    to    said    pension    fund,    and 


702  PENSIONS. 


shall  be  given  credit  for  the  time  of  his  or  her  past  service,  upon  the 
payment  of  two  (2)  per  cent  of  the  salary  he  or  she  has  received  while 
in  such  employment. 

§  3.  The  city  treasurer,  subject  to  the  control  and  direction  of 
the  board  of  trustees  hereinafter  mentioned,  shall  be  the  custodian  of 
said  pension  fund  and  shall  secure  and  safely  keep  same  and  shall  keep 
books  and  accounts  concerning  said  funds  in  such  manner  as  may  be 
prescribed  by  said  board  of  trustees,  which  said  books  and  accounts  shall 
always  be  subject  to  the  inspection  of  said  board  of  trustees,  or  any 
member  thereof. 

The  city  treasurer  shall  within  ten  (10)  days  after  ms  election  or 
appointment,  execute  a  bond  to  the  city,  with  good  and  sufficient  se- 
curities, in  such  penal  sum  as  the  said  board  of  trustees  shall  direct, 
and  shall  be  conditioned  for  the  faithful  performance  of  the  duties  of 
said  office,  and  that  he  will  safely  keep  and  well  and  truly  account  for 
all  moneys  belonging  to  said  pension  fund,  and  all  interest  thereon, 
which  may  come  into  his  hands,  as  such  treasurer,  and  on  the  expiration 
of  his  term  of  office,  or  upon  his  retirement  therefrom  for  any  cause,  he 
will  surrender  and  deliver  over  to  his  successor  all  unexpended  moneys, 
with  such  interest  as  he  may  have  received  thereon,  and  all  property 
which  may  come  into  his  hands  as  treasurer  of  said  pension  fund. 

Such  bond  shall  be  filed  in  the  office  of  the  city  clerk  of  said  city 
for  the  use  of  said  board  of  trustees,  or  any  person  or  persons  injured  by 
such  breach. 

§  4.  The  board  of  inspectors  of  any  such  house  of  correction  shall, 
in  the  month  of  September  immediately  following  the  date  of  this  Act 
going  into  effect,  arrange  for  the  election  of  a  board  of  trustees  of  said 
pension  fund  composed  of  five  members  to  be  chosen  as  hereinafter  pro- 
vided, which  election  shall  be  held  not  later  than  two  (2)  months  after 
this  Act  goes  into  effect.  The  same  board  of  trustees  shall  have  power, 
and  it  shall  be  its  duty  to  administer  said  fund  and  to  carry  out  the 
provisions  of  this  Act  for  the  purpose  of  enabling  such  board  of  trustees 
to  perform  the  duties  imposed  and  exercise  the  powers  created  by  this 
Act,  the  board  of  trustees  shall  be  and  is  hereby  created  a  body  politic 
and  corporate,  and  said  board  of  trustees  may  invest  the  accumulation 
of  said  funds  in  the  government,  State,  county  or  municipal  bonds,  and 
the  city  treasurer  shall  be  the  custodian  of  said  securities. 

§  5.  The  said  board  of  trustees  shall  consist  of  the  chairman  of 
the  board  of  inspectors  and  the  superintendent  of  the  house  of  correc- 
tion, two  employees  contributing  to  the  fund  and  one  member  from  the 
beneficiaries.  The  chairman  of  said  board  of  inspectors  and  the  super- 
intendent of  the  house  of  correction  shall  be  ex-officio  members  of  such 
board  of  trustees,  and  the  three  (3)  other  members  of  such  board  of 
trustees  shall  be  elected  by  ballot,  the  two  members  of  the  contributors 
to  be  elected  by  the  employees  contributing  to  said  fund  at  the  time 
and  for  the  terms  respectively  as  follows :  At  the  first  election  the 
contributors  to  the  said  fund  shall  elect  one  of  their  number  to  serve 
for  the  term  of  two  (2)  years  and  one  of  their  number  for  the  term  of 
one  (1)  year,  and  annually  thereafter  said  contributors  shall  elect  one 


PENSIONS.  70.'3 


of  their  number  to  hold  office  for  the  term  of  two  (2)  years.  At  each 
election  the  beneficiaries  shall  elect  one  of  their  number  to  serve  as  a 
member  of  such  board  of  trustees  for  a  term  of  one  year.  And  in  case 
the  beneficiary  or  beneficiaries  be  a  child  or  children  the  guardian  of 
such  child  or  children  may  cast  the  votes  to  which  such  child  or  children 
may  be  entitled. 

§  6.  Whenever  any  elective  member  of  said  board  of  trustees 
shall  cease  to  be  in  the  employ  of  or  to  be  a  member  of  said  board  of 
inspectors  of  said  house  of  correction,  or  a  beneficiary  of  the  house  of 
correction  employees'  fund,  his  or  her  membership  in  said  board  of 
trustees  shall  cease.  All  vacancies  in  said  board  of  trustees  shall  be 
filled  by  a  ballot  as  aforesaid. 

Said  board  of  trustees  shall  have  power  and  it  shall  be  its  duty 

1.  To  make  all  payments  from  said  pension  fund  pursuant  to  the 
provisions  of  this  Act. 

2.  To  administer  and  invest,  to  purchase,  hold,  sell  or  assign  and 
transfer  any  part  of  said  pension  fund  remaining  in  the  hands  of  said 
treasurer  or  any  of  the  securities  in  which  said  fund,  or  any  part  thereof, 
may  be  invested,  subject  to  the  approval  of  the  majority  of  the  contri- 
butors to  said  pension  fund. 

3.  To  pay  all  necessary  expenses  in  connection  with  the  adminis- 
tration of  said  fund  and  in  carrying  out  the  provisions  of  this  Act  for 
which  provisions  are  not  otherwise  made. 

4.  To  take  by  gift,  or  grant  or  bequest,  or  otherwise,  any  money  or 
property  of  any  kind  and  hold  the  same  for  the  benefit  of  said  fund. 

5.  To  make  and  establish  all  such  rules  for  the  transaction  of  its 
business  and  such  other  rules,  regulations  and  by-laws  as  may  be  neces- 
sary for  the  proper  administration  of  said  fund  committed  to  its  charge, 
and  the  performance  of  the  duties  imposed  upon  it. 

6.  To  see  that  there  is  no  restitution  of  deductions  from  salaries 
after  the  contributor  shall  have  become  eligible  to  an  annuity  under 
this  Act. 

7.  To  determine  the  amount  to  be  paid  as  benefits  or  annuities  on 
account  of  disability  of  any  contributor,  and  to  increase  or  reduce  the 
same  in  its  discretion :  Provided,  that  no  benefit  or  annuity  shall  exceed 
six  hundred  ($600.00)  dollars  per  year. 

8.  It  shall  keep  full  and  complete  records  of  its  meetings  and  of 
the  receipts  and  disbursements  on  account  of  such  fund,  and  also  com- 
plete list  of  all  contributors  to  said  fund,  and  of,  all  annuitants  receiving 
benefits  therefrom,  and  such  other  records  as  in  its  judgment  shall  seem 
necessary  and  shall  make  and  publish  annually  a  full  and  complete 
statement  of  its  financial  transactions. 

9.  Said  board  shall  hear  and  determine  all  applications  for  bene- 
fits given  under  this  Act,  on  account  of  disability  and  shall  have  power 
to  suspend  any  annuity,  given  on  account  of  disability  whenever  in  its 
judgment  the  disability  of  beneficiary  has  ceased,  or  for  other  good 
cause,  subject  to  the  approval  of  the  majority  of  the  contributors  to 
said  pension  fund. 


704  PENSIONS. 


10.  Any  contributor  to  said  fund  who  shall  have  been  in  the 
service  of  said  house  of  correction  for  a  period  of  twenty  (20)  years, 
and  shall  have  contributed  to  said  fund  for  the  same  period,  shall  have 
the  right  to  retire  and  become  a  beneficiary  under  this  Act  after  July 
1,  1916,  and  receive  a  benefit  or  annuity,  which  shall  be  the  sum  of  six 
hundred  ($600.00)  dollars  per  annum,  for  each  and  every  beneficiary 
of  said  pension  fund,  the  said  annuity  to  be  paid  in  equal  monthly  in- 
stallments, and  in  case  of  insufficient  funds  in  the  treasury,  the  treasurer 
shall  be  empowered  to  pay  to  the  beneficiaries  a  pro  rata  amount  of  the 
sum  in  the  treasury,  said  pro  rata  amount  to  be  divided  equally  among 
the  beneficiaries  entitled  to  the  same. 

§  8.  Upon  the  death  of  any  contributor  or  any  beneficiary  who 
before  becoming  a  beneficiary  contributed  to  said  fund  the  said  board 
of  trustees  shall  pay  an  annuity  not  to  exceed  six  hundred  ($600.00) 
dollars  per  annum,  to  be  paid  in  equal  monthly  installments  to  the 
widow  as  long  as  she  remains  the  same  of  such  deceased  contributor  or 
beneficiary :  Provided,  she  has  been  his  wife  one  ( 1 )  year  before  his 
death,  and  if  there  is  no  widow  eligible,  said  board  of  trustees  shall  pay 
said  annuity  to  the  child  or  children  of  such  deceased  contributor  or 
beneficiary,  until  such  time  as  the  youngest  child  shall  reach  the  age  of 
sixteen  (16)  years;  if  there  be  no  widow  eligible  and  no  child  or 
children  eligible,  the  annuity  shall  be  paid  to  the  mother  of  such 
deceased  contributor  or  beneficiary  as  long  as  she  may  live. 

§  9.  Any  person  who  has  been  an  employee  of  said  house  of  cor- 
rection for  a  period  of  twenty  (20)  years  or  more  and  has  contributed  to 
said  fund  for  a  period  of  not  less  than  twenty  (20)  years  or  shall  pay 
into  the  fund  the  equivalent  of  twenty  (20)  years  contribution  thereto, 
consisting  of  two  (2)  per  cent  of  the  salary  received  from  such  house 
of  correction,  may  retire  from  the  service  of  said  house  of  correction 
upon  sixty  (60)  days'  notice,  to  be  given  to  said  board  of  trustees 
(unless  such  notice  is  waived  by  said  board  of  trustees)  and  become  an 
annuitant  under  this  Act  after  July  ],  1916. 

§  10.  Any  person  who  has  contributed  to  said  fund  for  a  period 
of  three  (3)  years  or  more  may  retire  from  the  service  of  said  house 
of  correction  on  account  of  serious  disability  rendering  him  or  her 
unable  to  properly  discharge  his  or  her  duties,  upon  ninety  (90)  days' 
notice  to  be  given  to  the  board  of  trustees  (unless  such  notice  is  waived 
by  said  board  of  trustees)  and  may  become  an  annuitant  under  this 
Act,  and  thereupon  be  entitled  to  receive  the  annuity  allowed  by  the 
board  of  trustees  not  to  exceed  six  hundred  ($600.00)  dollars,  until  such 
time  as  he  or  she  shall  be  able  to  properly  discharge  his  or  her  duties 
or  until  death,  when  said  board  of  trustees  shall  pay  annuity  hereinbe- 
fore provided  not  to  exceed  six  hundred  ($600.00)  dollars  per  year  to 
the  widow  (as  long  as  she  remains  the  same  of  such  deceased  contri- 
butor: Provided,  she  has  been  his  wife  one  (1)  year  previous  to  his 
death),  to  the  child  or  children,  or  the  mother  of  the  deceased  contri- 
butor as  hereinbefore  provided. 

§  11.  ISTo  contributor  shall  receive  any  benefit  from  said  fund  on 
account  of  disability  unless  there  be  filed  with  the  board  of  trustees  of 
the  fimcl  a  certificate  of  his  or  her  disability  which  certificate  shall  be 


PENSIONS.  705 


subscribed  and  sworn  to  by  the  house  of  correction  physician  (if  there  be 
one)  and  one  practicing  physician  of  the  city  where  such  house  of 
correction  is  located. 

§  12.  When  any  contributor  to  said  fund,  who  has  been  in  the 
service  of  the  house  of  correction  for  a  period  of  twenty  (20)  years,  has 
contributed  to  said  fund  for  the  same  period  and  has  retired  and  become 
a'  beneficiary  under  this  Act,  shall  then  marry,  such  wife  of  such 
marriage  shall  after  his.  death  receive  no  benefit  nor  annuity  from  said 
fund. 

Any  widow  or  child  or  children  receiving  benefits  or  annuities  under 
an  "Act  to  provide  for  the  setting  apart,  formation,  and  disbursement 
of  a  house  of  correction  employees'  pension  fund  in  the  cities  having  a 
population  exceeding  one  hundred  and  fifty  thousand  (150,000)  in- 
habitants," approved  and  in  force  July  1,  1911,  will  receive  their  benefits 
or  annuities,  will  be  increased  from  four  hundred  and  eighty  ($480.00) 
dollars  per  year  to  not  more  than  six  hundred  ($600.00)  dollars  per 
year. 

The  term  "child"  or  "children"  under  this  Act  shall  not  include 
adopted  child  or  children,  nor  shall  it  include  a  step-child  or  step- 
children of  any  contributor  to  aforesaid  pension  fund. 

§  13.  The  chairman  of  the  board  of  inspectors  and  the  superin- 
tendent of  the  house  of  correction  shall  certify  monthly  to  the  treasurer 
all  amounts  deducted  in  accordance  with  the  provisions  of  this  Act  from 
the  salaries  paid  by  the  house  of  correction,  which  amounts,  as  well  as 
all  other  sums  contributed  to  said  fund  under  the  provisions  of  this  Act, 
shall  be  set  apart  and  held  by  said  treasurer  for  the  purpose  hereinbefore 
specified,  subject  to  the  order  of  said  board  of  trustees  and  shall  be  paid 
out  upon  warrants  signed  by  the  president  and  secretary  of  said  board 
of  trustees. 

§  14.  All  annuities  granted  under  the  provisions  of  this  Act  shall 
be  exempt  from  attachment  and  garnishment  process  and  no  annuitant 
shall  have  the  right  to  transfer  or  assign  his  or  her  annuity  either  by 
way  of  mortgage  or  otherwise. 

§  15.  Any  person  who  shall  directly  or  indirectly  avoid  or  seek 
to  avoid  any  or  all  the  provisions  of  this  Act,  or  shall  directly  or  in- 
directly interfere  with,  or  obstruct  the  enforcement  of  any  of  the  pro- 
visions of  this  Act,  shall  be  guilty  of  a  misdemeanor,  and  shall,  on 
conviction  thereof,  be  punished  by  a  fine  not  less  than  fifty  ($50.00) 
dollars,  and  not  exceeding  one  thousand  ($1,000.00)  dollars,  or  by 
imprisonment  in  the  county  jail  for  a  term  not  exceeding  six  (6) 
months,  or  both  such  fine  or  imprisonment  in  the  discretion  of  the  court. 

This  law  shall  take  preference  over  all  other  laws  and  all  laws  and 
parts  of  laws  which  are  onconsistent  [inconsistent]  with  this  Act  or  any 
provisions  hereof  are  hereby  repealed. 

Filed  July  11,  1919. 

The  Governor  having  failed  to  return  this  bill  to  the  General  Assemblv  during 
its  session,  and  having  failed  to  file  it  in  my  office,  with  his  objections,  within  ten 
days  after  the  adjournment  of  the  General  Assemblv,  it  has  therebv  become  a  law. 
Witness  my  hand  this   11th  day   of  July.   A.    D.    1919. 

Louis   L.   Emmeeson,   Seeretai-y   of   State. 
—45  L 


706  PENSIONS. 


ILLINOIS    STATE   TEACHERS'    PENSION  AND   RETIREMENT   FUND. 

§   1.     Amends  section  30,  Act  of  1915.  §   30.     Time  spent  with  military 

and  naval  forces  to  be 
computed  as  part  of 
25  year  period. 

(Senate  Bill  No.    89.     Approved  June   23,   1919.) 

An  Act  to  amend  section  30  of  an  Act  entitled:  "An  Act  in  relation 
to  an  Illinois  State  Teachers'  Pension  and  Retirement  Fund"  ap- 
proved May  21 ' ,  1915,  in  force  July  1,  1915,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  30  of  An  Act  entitled: 
"An  Act  in  relation  to  an  Illinois  State  Teachers'  Pension  and  Ketire- 
ment  Fund,"  approved  May  27,  1915,  in  force  July  1,  1915,  as  amended, 
is  amended  to  read  as  follows : 

§  30.  One  year's  leave  of  absence  for  professional  preparation, 
.granted  by  the  proper  authorities  to  any  teacher  under  the  provisions 
of  this  Act,  shall  be  computed  as  a  part  of  said  twenty-five  (25)  years 
of  service :  Provided,  that  the  payments  to  said  fund  shall  be  continued 
during  said  leave  of  absence  at  the  same  rate  as  if  such  person  were 
in  active  service  as  such  teacher.  Such  period  or  periods  of  absence 
in  the  aggregate  shall  be  computed  as  a  part  of  said  twenty-five  (25) 
years  of  service  of  said  teacher;  and  in  case  of  absence  of  less  than  a 
school  year,  only  the  time  covered  by  such  absence  shall  be  so  computed. 

Any  teacher  who  has  elected  to  come  under  the  provisions  of  this 
Act  shall  be  entitled  to  compute  as  a  part  of  his  twenty-five  (25) 
year  period  as  such  teacher,  time  spent  in  service  with  the  military 
or  naval  forces  of  the  United  States  during  the  Spanish-American  War 
and  during  the  war  between  the  United  States  and  Germany,  by  pay- 
ing into  the  fund  a  sum  equal  to  the  amount  he  would  have  contributed 
if  he  had  been  a  regular  contributor  during  such  period. 

Approved  June  23,  1919. 

ILLINOIS   STATE   TEACHERS'    PENSION   AND   RETIREMENT   FUND. 

§   1.     Amends   sections    1.    2.    3,    4,    5,    6,  §      5.     Disqualification  of 

and   34,  Act  of   1915.  .  members  —  how  va- 

cancies filled. 
§      1.     Fund  established — how 

managed.  §     6.     State      Treasurer      ex- 

officio     treasurer   — 
§     2.     Terms  of  office.  duty   —   liability  — 

secretary      employed 
§      3.     Members    of    board    of  by  board — duties, 

trustees  —  how   ap- 
pointed —  qualifica-  §   34.     Term     "teacher"     de- 
tions.  fined   —   service      as 

substitute    teacher — 
§     4.     Petition   to  be   filed  —  how  counted, 

requirements. 

(House  Bill  No.   261.     Approved  June  28,   1919.) 

An  Act  to  amend  sections  1,  2,  3,  If,  5,  6,  and  3 If.  of  an  Act  entitled: 
"An  Act  in  relation  to  an  Illinois  State  Teachers'  Pension  and  Re- 
tirement Fund,"  approved  May  27,  1915,  in  force  July  1,  1915,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  1,  2,  3,  4,  5,  6, 
and  34  of  an  Act  entitled:  "An  Act  in  relation  to  an  Illinois  State 


PENSIONS.  707 


Teachers'  Pension  and  Retirement  Fund,  approved  May  27,  1915,  irn 
force  July  1,  1915,  as  amended,  are  hereby  amended  to  read  as  follows: 

§  1.  There  is  hereby  established  an  Illinois  State  Teachers'  Pen- 
sion and  Retirement  Fund.  This  fund  shall  be  managed  by  a  Board  of 
Trustees  composed  of  the  Superintendent  of  Public  Instruction,  the 
State  Treasurer,  and  three  other  persons,  who  shall  be  appointed  by 
the  Governor  as  hereinafter  provided. 

§  2.  The  Superintendent  of  Public  Instruction,  who  shall  be  the 
president  of  the  board,  and  the  State  Treasurer,  who  shall  be  the 
treasurer  of  the  fund,  shall  serve  as  members  of  the  board  of  trustees 
during  the  respective  terms  of  office  for  which  they  shall  have  been 
elected.  Each  of  the  three  persons  who  shall  be  appointed  by  the  Gov- 
ernor shall  serve  as  a  member  of  the  board  of  trustees  for  a  term  of 
three  years,  but  the  respective  terms  of  office  of  the  persons  who  are 
members  of  the  board  of  trustees  on  the  first  day  of  July,  1919,  shall 
not  be  abridged  or  diminished. 

§  3.  On  or  before  the  first  day  of  January,  1920,  the  Governor 
shall  appoint  one  member  of  the  board  of  trustees  who  shall  hold  office 
for  a  period  of  three  years  from  January  1,  1920,  and  annually  there- 
after the  Governor  shall,  on  or  before  the  first  day  of  January  of  each 
year  appoint  one  member  of  the  board  of  trustees,  who  shall  hold  of- 
fice for  a  period  of  three  years.  No  person  shall  be  appointed  as  a 
member  of  the  board  of  trustees  unless  he  or  she  is  at  the  date  of  the 
appointment  either  a  contributor  or  an  annuitant  under  the  provisions 
of  this  Act,  nor  unless  he  or  she  shall  have  filed  his  or  her  petition  for 
appointment  as  a  member  of  such  board  in  the  manner  hereinafter  pro- 
vided. 

§  4.  Any  person  who  shall  be  possessed  of  the  required  qualifi- 
cations and  who  shall  desire  to  be  appointed  as  a  member  of  the  board 
of  trustees  shall  file  his  or  her  petition  for  appointment  with  the  Super- 
intendent of  Public  Instruction  not  less  than  thirty  days  prior  to  the 
date  when  the  appointment  petitioned  for  shall  become  effective.  Such 
petition  shall  be  signed  by  not  less  than  one  hundred  (100)  contribu- 
tors or  annuitants.  Such  petition  shall  also  state  the  post  office  ad- 
dresses, of  signers  and  if  any  signer  is  then  engaged  in  teaching 
school  the  name  and  district  number  of  the  school  in  which  such  signer 
is  teaching,  together  with  the  name  of  the  county  and  state  in  which 
such  school  is  located.  Not  less  than  twenty  days  prior  to  the  date  when 
the  apoointment  petitioned  for  shall  become  effective  the  Superinten- 
dent of  Public  Instruction  shall  certify  to  the  Governor  the  names  of 
all  persons  for  whom  petitions  for  appointment  have  been  filed.  Such 
names  shall  be  certified  alphabetically  in  the  order  of  those  whose  pe- 
titions have  been  filed.  From  the  list  of  names  so  certified  the  Gov- 
ernor shall  appoint  one  member. of  the  board  of  trustees.  If  no  such 
petitions  are  filed  the  Governor  shall  have  power  to  appoint  any  quali- 
fied contributor  oi    annuitant. 

§  5.  Whenever  any  person  who  shall  have  been  appointed  by  the 
Governor  as  a  member  of  the  board  of  trustees  shall  cease  to  be  a  con- 
tributor or  an  annuitant  under  the  provisions  of  this  Act,  his  office  shall 
become   vacant.      All   vacancies   in   the   appointive   membership   in   the 


708  PENSIONS. 


board  of  trustees,  shall  be  filled  for  the  unexpired  term  by  a  duly  quali- 
fied person  appointed  by  the  board  of  trustees,  whose  term  of  office 
shall  extend  only  for  the  time  of  such  vacancy. 

§  6.  The  State  Treasurer  shall  be  ex-officio  treasurer  of  said 
board,  and  shall  receive  and  make  payments  from  and  account  for 
said  funds  in  the  same  manner  as  for  other  State  funds,  except  as  here- 
inafter provided.  Said  treasurer  shall  safely  keep  such  funds,  sub- 
ject to  the  control  and  direction  of  the  board  of  trustees,  and  shall  keep 
his  books  and  accounts  in  such  manner  as  may  be  prescribed  by  said 
board,  and  said  books  and  accounts  shall  always  be  subject  to  the  in- 
spection of  said  board,  or  any  member  thereof.  Said  treasurer  shall 
be  liable  on  his  official  bond  for  the  proper  performance  of  his  duties 
and  the  conservation  of  the  fund  created  by  this  Act.  Said  board  shall 
employ  a  secretary,  for  such  term  as  may  be  determined,  who  shall  per- 
form such  duties  as  may  be  prescribed  by  the  board. 

§  34.  The  term  "teacher",  as  used  in  this  Act,  shall  include  any 
teacher,  teacher-secretary,  substitute  teacher,  supervisor,  principal,  sup- 
ervising principal,  superintendent  or  assistant  superintendent  who  shall 
teach  or  be  employed  in  the  public  schools  of  the  State :  Provided,  how- 
ever, triat  service  as  county  superintendent  or  assistant  county  superin- 
tendent may  be  counted  as  a  part  of  the  twenty-five  years  of  service 
required  to  enable  a  teacher  to  receive  the  annuities  provided  for  in 
this  Act:  And,  provided,  further,  that  service  as  a  substitute  teacher 
shall  not  be  counted  as  a  part  of  the  twenty-five  years  of  service  re- 
quired to  enable  a  teacher  to  receive  the  annuities  provided  for  by  this 
Act  unless  the  substitute  teacher  shall  be  employed  for  the  school  year 
and  paid  monthly  for  such  service. 

Approved  June  28,  1919. 


ILLINOIS    STATE!    TEACHERS'    PENSION    AND   RETIREMENT    FUND. 

§   1.     Adds  section  25a  to  Act  of  1915.  §   25a.  How  ex-teacher  may  be- 

come  a   beneficiary. 

(House  Bill  No.   93.     Filed  Jult  11,   1919.) 

An  Act  to  amend  an  Act  entitled:  ''An  Act  in  relation  to  an  Illinois 
State  Teachers'  Pension  and  Retirement  Fund,"  approved  May  27, 
1915,  in  force  July  1,  1915,  as  amended  by  adding  thereto  a  section 
to  be  known  as  section  25a. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  iii  the  General  Assembly:  An  Act  entitled:  "An  Act  in 
relation  to  an  Illinois  State  Teachers'  Pension  and  Eetirement  Fund," 
approved  May  27,  1915,  in  force  July  1,  1915,  as  amended  is  amended 
by  adding  thereto  a  section  to  be  known  as  section  25a  to  read  as  follows : 
§  25a.  Any  person  who  is  a  resident  of  the  State  of  Illinois,  not 
now  employed  as  a  teacher  or  not  now  the  holder  of  a  certificate  to 
teach,  and  who  at  the  time  of  going  into  effect  of  this  Act,  had  served 
twenty-five  years  (25)  as  a  teacher  as  defined  by  section  34  of  this 
Act,  three-fifths  of  which  period  had  been  in  the  public  schools  in  the 
State  of  Illinois,  may  become  a  beneficiary  of  the  Illinois  State  Teach- 
ers' Pension  and  Eetirement  Fund  and  receive  the  annuity  provided 


PRACTICE.  709 


by  section  26  of  this  Act  by  paying  into  the  fund  the  sum  equal  to  that 
which  he  or  she  would  have  contributed  had  he  or  she  been  a  regular 
contributor  to  said  fund  during  the  period  of  such  service  together 
with  simple  interest  thereon  at  the  rate  of  four  (4%)  per  cent  per 
annum  from  the  time  such  payments  would  have  been  made  to  the 
time  when  such  person  shall,  by  making  the  payments,  become  entitled 
to  the  benefits  and  credits  of  such  past  service. 
Filed  July  11,  1919. 

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

Witness  my  hand  this  11th  day  of  July,  A.  D.  1919. 

.Louis  L.  Emmeeson,  Secretary  of  State. 


PRACTICE. 


CONTINUANCE    FOR    EVIDENCE. 

§    1.     Amends  section  62,  Act  of  1907.  §   62.     Affidavit  showing  witness 

in     military     or     naval 
service — emergency. 

(House   Bill  No.   275.     Approved  June   28,    1919.) 

An  Act  to  amend  section  62  of  an  Act  entitled,  "An  Act  in  relation 
to  practice  and  procedure  in  courts  of  record,"  (avproved  June  3, 
1901,  in  force  July  1,  1907.) 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  62  of  an  Act  en- 
titled, "An  Act  in  relation  to  practice  and  procedure  in  courts  of 
record."  (approved  June  3,  1907,  in  force  July  1.  1907)  be  and  the 
same  is  hereby  amended  to  read  as  follows : 

"§  62.  When  either  party  shall  apply  for  a  continuance,  of  a  cause 
on  account  of  the  absence  of  material  evidence,  the  motion  shall  be 
supported  by  the  affidavit  of  the  party  so  applying  or  his  authorized 
agent,  showing  that  due  diligence  has  been  used  to  obtain  such  evidence, 
or  the  want  of  time  to  obtain  it,  and  of  what  particular  fact  or  facts  the 
same  consists,  and  if  the  evidence  consists  of  the  testimony  of  a  witness, 
his  place  of  residence,  or  if  his  place  of  residence  is  not  known,  showing 
that  due  diligence  has  been  used  to  ascertain  the  same,  and  that  if 
further  time  is  given  such  evidence  can  be  procured.  Provided,  how- 
ever, that  when  such  motion  shall  be  supported  by  an  affidavit  show- 
ing that  a  material  witness  is  in  the  military  or  naval  service  of  the 
United  States,  or  on  duty  in  the  Illinois  National  Guard,  and  was  in 
such  service  prior  to  the  term  of  court  at  which  any  cause  at  law  or 
in  equity  is  about  to  be  tried,  it  shall  not  be  necessary  for  any  party 
desiring  a  continuance  to  show  any  diligence  other  than  that  the  said 
witness  was  in  such  service  as  aforesaid,  and  when  such  affidavit  shall 
be  filed,  the  trial  court  shall  continue  such  cause  for  a  period  not  to 
exceed  six  months.  The  court  may  permit  an  additional  affidavit  to 
be  filed  to  supply  any  necessary  averment  which  has  been  omitted  from 
the  original  affidavit.  The  court  may,  by  consent  of  the  adverse  party, 
postpone  the  trial  to  a  subsequent  day  in  the  term,  without  prejudice. 


710  PRACTICE. 


however,  to  the  right  of  either  party  to  make  further  application,  or 
may  continue  the  trial  until  the  next  term  of  court. 

Whereas,  many  cases  are  now  pending  in  the  State  of  Illinois 
wherein  material  witnesses  are  in  the  service  of  the  United  States  and 
located  in  distant  parts  of  the  United  States  and  in  Europe. 

Therefore,  be  it  resolved,  that  an  emergency  exists,  and  this  Act 
shall  become  effective  from  and  immediately  after  its  passage. 

Approved  June  28,  1919. 


EVIDENCE   AND   DEPOSITIONS. 
§   1.     Amends  section  36,  Act  of  1872.  §  36.     Subpoenas. 

(Senate  Bill  No.    257.     Approved  June   12,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  regard  to  evidence  and 
depositions  in  civil  cases"  approved  March  29,  1872,  in  force  July 
1,  1872,  as  subsequently  amended,  by  amending  section  86  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  36  of  an  Act  en- 
titled, "An  Act  in  regard  to  evidence  and  depositions  in  civil  cases," 
approved  March  29,  1872,  in  force  July  1,  1872,  as  heretofore  amended, 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows : 

§  36.  Each  and  every  commissioner,  judge,  justice  of  the  peace, 
or  clerk  of  court,  master  in  chancery,  notary  public  or  other  officer  who 
may  at  any  time  be  required  to  take  depositions  in  any  cause  pending 
in  any  of  the  courts  of  law  or  equity  in  this  State,  or  by  virtue  of  any 
commission  issued  out  of  any  court  of  record  in  any  other  state,  ter- 
ritory or  country,  shall  have  power  and  authority  to  issue  subpoenas 
if  necessary,  to  compel  the  attendance  of  all  such  witnesses  as  shall 
be  named  in  the  commission,  or  by  the  parties  litigant  where  no  com- 
mission is  necessary,  and  to  compel  such  witnesses  to  produce  books 
and  papers,  in  the  same  manner  as  witnesses  are  directed  to  be  sub- 
poenaed in  other  cases  (provided,  that  when  a  deposition  is  to  be  taken 
by  virtue  of  any  commission  issued  out  of  any  court  of  record  in  any 
other  state,  territory  or  country,  it  shall  not  be  lawful  to  so  compel 
the  attendance  of  a  witness  unless  the  witness  resides  or  may  be  found 
in  the  county  wherein  such  deposition  is  to  be  taken).  When  any  such 
witness  wilfully  neglects  or  refuses  to  obey  any  such  subpoena,  or  to 
testify,  or  to  subscribe  his  deposition  when  correctly  taken,  the  com- 
missioner or  officer  issuing  such  subpoena,  shall  at  once  file  a  petition 
or  complaint  against  the  offending  witness  in  the  Circuit  Court 
of  the  county  in  which  such  deposition  is  desired  to  be  or  has  been 
taken  or  has  been  attempted  to  be  taken,  and  shall  set  forth  there- 
in the  facts  of  such  wilful  refusal  or  neglect,  accompanying  the  same 
with  a  copy  of  the  commission  or  other  authority  received  by  him, 
together  with  a  copy  of  the  subpoena  and  the  return  of  service  thereof 
and  shall  apply  for  an  order  requiring  such  witness  to  attend  and  tes- 
tify, or  produce  books  and  papers  before  such  commissioner  or  officer, 
or  to  subscribe  his  deposition  at  such  time  and  place  as  may  be  speci- 
fied in  such  order.  Any  Circuit  Court  of  this  State,  or  any  judge  there- 
of, either  in  term  time  or  vacation,  upon  the  filing  of  such  petition  or 


PUBLIC    BUILDINGS.  711 


complaint  and  upon  due  notice  to  the  offending  witness,  may,  in  the 
judicial  discretion  of  such  court  or  such  judge,  order  the  attendance 
of  such  witness,  the  production  of  books  and  papers,  and  the  giving 
of  testimony,  before  any  such  commissioner  or  officer,  and  the  sub- 
scribing of  the  deposition  by  the  witness.  If  such  offending  witness 
shall  fail  or  refuse  to  obey  the  order  of  the  court  and  it  shall  appear 
to  the  court  that  the  failure  or  refusal  of  such  witness  to  obey  its  order 
is  wilful,  and  without  lawful  excuse,  the  court  shall  punish  such  wit- 
ness by  fine  and  imprisonment  in  the  county  jail,  or  by  fine,  or  im- 
prisonment in  the  county  jail  as  the  nature  of  the  case  may  require, 
as  is  now,  or  as  may  hereafter  be  lawful  for  the  court  to  do  in  cases 
of  contempt  of  court. 

Approved  June  12,  1919. 


WRITS  OF  ERROR. 

§   1.     Amends   section  117,   Act  of   1907.  §   117.     Writ   of   error  —  limita- 

tion. 

(House   Bill   No.    158.     Approved   June   28,    1919.) 

An  Act  to  amend  section  111  of  an  Act  entitled,  "An  Act  in  relation 
to  'practice  and  procedure  in  courts  of  record,"  approved  and\  irt 
force  July  1,  1907. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  117  of  an  Act 
entitled,  "An  Act  in  relation  to  practice  and  procedure  in  courts  of 
record,"  approved  and  in  force  July  1,  1907,  be  and  the  same  is  hereby 
amended  to  read  as  follows: 

§  117.  A  writ  of  error  shall  not  be  brought  after  the  expiration 
of  two  years  from  the  rendition  of  the  decree  or  judgment  complained 
of;  but  when  a  person  thinking  himself  aggrieved  by  any  decree  or 
judgment  that  may  be  reversed  in  the  Supreme  Court  or  Appellate 
Court,  shall  be  an  infant,  non  compos  mentis  or  under  duress  when 
the  same  was  entered,  the  time  of  such  disability  shall  be  excluded 
from  the  computation  of  the  said  two  years. 

Approved  June  28,  1919. 


PUBLIC  BUILDINGS. 


EGRESS. 

§  1.     Amends  section  3,  Act  of  1874.  §   3.     Authority     to     enforce  — 

closing  of  public  build- 
ings. 

(Senate  Bill  No.   447.     Approved  June   28,    1919.) 

An  Act  to  amend  section  3  of  an  Act  entitled:  "An  Act  to  regulate 
the  means  of  egress  from  ptiblic  buildings,"  approved  March  28, 
187 1>,  in  force  July  1,  187 %. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  3  of  an  Act  entitled: 
"An  Act  to  regulate  the  means  of  egress  from  public  buildings,"  ap- 


712  PUBLIC    IMPROVEMENTS. 


proved  March  28,  1874,  in  force  July  1,  1874,  be  and  the  same  is 
hereby  amended  to  read  as  follows : 

§  3.  The  Department  of  Trade  and  Commerce  shall  have  power 
to  enforce  the  provisions  of  this  Act  and  in  all  cities  and  towns  having 
a  population  of  two  thousand  inhabitants  and  upwards,  the  Department 
of  Trade  and  Commerce  and  the  mayor,  or  other  corporate  authorities 
of  said  town  or  city,  shall  be  empowered  and  they  are  hereby  authorized 
to  close  and  prohibit  all  public  buildings,  hereafter  erected,  from  be- 
ing used  in  violation  of  this  Act. 

Approved  June  28,  1919. 


PUBLIC  IMPBOVEMENTS. 


ACQUISITION    OP    RAW    MATERIALS    AND    MANUFACTURED     PRODUCTS. 

§   1.     Powers    of    Department    of    Public        §    3.      "Public  improvements"  defined. 
Works  and  Buildings. 

§  2.  Requirements  before  extending 
credit  or  loan  —  necessary  ap- 
proval. 

(Senate   Bill   No.    479.     Approved  June   30,    1919.) 

An  Act  in  relation  to  the  acquisition  of  raw  materials  and  manufac- 
tured products  entering  into  public  improvements  of  the  State  and 
defining  the  powers  of  the  Department  of  Public  Works  and  Build- 
ings with  reference  thefeto. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented   in    the    General   Assembly:     The    Department    of    Public 

Works  and  Buildings,  with  the  approval  in  writing  of  the   Governor, 

shall  have  power : 

(1)  To  acquire  by  condemnation  under  the  eminent  domain  laws 
of  this  State,  lands,  mines,  quarries,  gravel  beds,  clay  beds,  mineral 
deposits,  or  other  property  for  procuring  materials  or  producing  manu- 
factured products  necessary  in  the  ■  construction  and  maintenance  of 
public  improvements  by  the  State  of  Illinois : 

(2)  To  lease,  purchase,  construct,  maintain  and  operate  lands, 
mines,  plants  and  factories  .for  the  production  of  any  raw  materials 
or  manufactured  products  necessary  in  the  construction  and  mainten- 
ance of  public  improvements  by  the  State  of  Illinois : 

(3)  To  sell  and  dispose  of  to  the  best  advantage  of  the  State, 
raw  materials  and  manufactured  products  produced  by  the  operation 
of  the  lands,  mines,  plants  and  factories  so  acquired,  maintained  or 
operated : 

(4)  To  enter  into  contracts  with  producers  and  manufacturers 
for  the  supply  to  the  State  of  raw  materials  and  manufactured  pro- 
ducts necessary  in  the  construction  and  maintenance  of  public  improve- 
ments by  the   State : 

(5)  To  extend  credit  and  make  loans  to  any  person,  firm,  as- 
sociation or  corporation  to  aid  and  assist  such  person,  firm,  association 
or  corporation  in  producing  raw  materials  or  manufactured  products 
to  be  used  by  the  State  in  the  construction  and  maintenance  of  public 
improvements. 


PUBLIC    MONEYS.  713 


§  2.  No  credit  shall  be  extended  nor  loans  made  to  any  person, 
firm,  association  or  corporation  to  aid  and  assist  the  same  as  aforesaid, 
unless  and  until  such  person,  firm,  association  or  corporation  shall 
make,  execute  and  furnish  to  the  Department  of  Public  Works  and 
Buildings,  pledges,  promises  and  guarantees  sufficient  to  secure  the 
State  on  account  of  credit  extended  or  loans  made  to  such  person,  firm, 
association  or  corporation.  Such  pledges,  promises  and  guarantees 
shall  be  approved  by  the  Department  of  Public  Works  and  Buildings 
and  the  Governor,  before  any  credit  is  extended  or  loans  made  as 
aforesaid. 

§  3.  The  term  "public  improvements,"  as  used  and  in  this  Act, 
shall  mean  and  include  any  work  or  improvement  which  the  Depart- 
ment of  Public  Works  and  Buildings  is  charged  by  law  with  building, 
constructing,  maintaining  or  operating. 

Approved  June  30,  1919. 


PUBLIC  MONEYS. 


OFFICERS    TO    PUBLISH    ANNUAL    STATEMENTS. 

Annual  statement  of  receipts   and        §   4.     Cost  of  publication — how  paid, 
disbursements — sworn     to — filed 


with   county   clerk.  §    5.     Non-compliance — penalties. 

6.  Misdem 

7.  Repeal. 


§   2.     Publish     copy     in     certain     news-        §   6.     Misdemeanor — penalties 
paper. 


§  3.  Publisher  to  file  printed  copy  and 
certificate  of  publication  with 
county  clerk. 

(House  Bill  No.   461.     Approved  June  24,   1919.) 

An  Act  requiring  custodians  of  public  moneys  to  file  and  publish  state- 
ments of  the  receipts  and  disbursements  thereof,  and  to  repeal  an  Act 
entitled,  "An  Act  to  require  officers  having  in  their  custody  public 
funds  to  prepare  and  publish  an  annual  statement  of  the  receipt  and 
disbursement  of  such  funds,"  approved  May  SO,  1881,  in  force  July  1, 
1881,  and  amendments  thereto. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Each  public  officer,  other  than 
a  State  officer,  who,  by  virtue  of  his  office  receives  for  disbursement  and 
disburses  public  funds  in  the  discharge  of  governmental  or  municipal 
debts  and  liabilities,  shall,  at  the  expiration  of  each  fiscal  year,  prepare 
a  statement: 

(1)  Of  all  moneys  received  and  from  what  sources  received,  giving 
items,  particulars  and  details ; 

(2)  Of  all  moneys  paid  out,  giving  the  name  of  each  individual 
to  whom  paid,  on  what  account  paid,  and  the  amount. 

Such  statement  shall  be  subscribed  and  sworn  to  by  the  public  officer 
making  such  statement,  and,  within  thirty  days  after  the  expiration  of 
such  fiscal  year  shall  be  filed  in  the  office  of  the  county  clerk  of  the 
county  in  which  such  public  officer  resides. 

§  2.  Such  public  officer  shall  also,  within  thirty  days  after  the 
expiration  of  such  fiscal  year,  cause  a  true,  complete  and  correct  copy  of 


714  PUBLIC    RECORDS. 


such  statement  to  be  published  one  time  in  a  newspaper  published  in  the 
town,  district  or  municipality  in  which  such  public  officer  holds  his 
office,  or,  if  no  newspaper  is  printed  and  published  in  such  town,  district 
or  municipality,  then  in  the  nearest  newspaper  printed  in  the  English 
language  published  in  the  county  in  which  such  public  officer  resides. 

§  3.  The  publisher  of  the  newspaper  in  which  a  copy  of  such 
statement  is  published  shall,  within  ten  days  after  the  publication  of 
such  statement,  file  in  the  office  of  the  county  clerk  a  certificate  of  such 
publication  with  a  printed  copy  of  such  statement  attached,  stating  the 
number  of  times  which  the  same  shall  have  been  published,  and  the 
dates  of  the  first  and  last  papers  containing  the  same. 

§  4.  The  cost  of  such  publication  shall  be  paid  by  the  public 
officer  causing  such  publication  to  be  made  and  shall  be  paid  out  of 
the  funds  in  his  hands. 

§  5.  Any  public  officer,  or  any  publisher,  subject  to  the  provisions 
of  this  Act,  failing,  neglecting  or  refusing  to  discharge  any  duty  im- 
posed upon  him  by  this  Act  shall,  for  each  offense,  forfeit  the  sum  of 
not  less  than  twenty-five  dollars  nor  more  than  five  hundred  dollars  to 
be  recovered  in  an  action  of  debt  in  the  name  of  the  People  of  the 
State  of  Illinois  for  the  use  of  any  person  who  may  sue  for  the  same. 

§  6.  In  addition  to  the  penalties  provided  for  in  the  foregoing 
section,  any  public  officer,  or  any  publisher,  subject  to  the  provisions  of 
this  Act,  failing,  neglecting  or  refusing  to  discharge  any  duty  imposed 
upon  him  by  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and, 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than  twenty- 
five  dollars  nor  more  than  five  hundred  dollars  or  imprisoned  in  the 
county  jail  not  longer  than  one  year,  or  be  punished  by  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court. 

§  7.  An  Act  entitled,  "An  Act  to  require  officers  having  in  their 
custody  public  funds  to  prepare  and  publish  an  annual  statement  of  the 
receipt  and  disbursement  of  such  funds,"  approved  May  30,  1881,  in 
force  July  1,  1881,  and  amendments  thereto,  is  hereby  repealed. 

Approved  June  24,  1919. 


PUBLIC  RECORDS. 


LOST  OR  DESTROYED  RECORDS   OP   CONVEYANCES. 

§   1.     Amends  section  12,  Act  of  1872.  §   12.     Petition — entries — publi- 

cation notice  and 
form  —  time  —  news- 
paper defined. 

(House  Bill  No.   583.     Approved  June  28,   1919.) 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  remedy  the 
evils  consequent  upon  the  destruction  of  any  public  records  by  fire  or 
otherwise".     Approved  and  in  force  April  9,  1872'. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  12  of  an  Act  en- 
titled, "An  Act  to  remedy  the  evils  consequent  upon  the  destruction  of 


PUBLIC    UTILITIES.  715 


any  public  records  by  fire  or  otherwise/'  approved  and  in  force  April 
9,  1872,  be  amended  to  read  as  follows: 

§  12.  It  shall  be  the  duty  of  the  clerk  of  the  court  in  which  said 
petition  is  filed,  to  enter,  in  a  separate  book  or  books  to  be  kept  for  the 
purpose,  the  names  of  the  petitioners  and  defendants,  the  date  of  filing 
said  petition,  and  a  description  of  all  the  lands  included  therein,  which 
record  shall  be  at  all  times  open  to  the  public.  All  lands  in  each  sepa- 
rate town,  addition,  section  or  subdivision  shall  be  entered  on  the  same 
page,  or  consecutive  pages,  with  an  index  to  said  book  or  books,  showing 
on  what  page  any  such  separate  town,  addition,  section  or  subdivision 
may  be  found.  Said  clerk  shall  also,  in  all  cases,  cause  publication  of 
notice  to  be  made  of  the  filing  of  said  petition,  which  notice  shall  be 
entitled  "Land  Title  Notice",  and  shall  be  substantially  as  follows: 

A.  B.  C.  D.  etc.,  (here  giving  the  names  of  all  known  defendants, 
if  any,)  and  to  all  whom  it  may  concern: 

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

19.  .  .  .,  a  petition  was  filed  by  the  undersigned,  in  the 

court  of county,  to  establish  his  title  to  the  following 

described  lands.     (Here  insert  a  full  description  of  the  lands  in  said 

petition).     Now,  unless  you  appear  at  the term  of  said 

court,  (naming  the  first  term  after  thirty  days  from  the  first  insertion 
of  said  notice),  and  show  cause  against  such  application,  said  petition 
shall  be  taken  for  confessed,  and  the  title  or  interest  of  said  petitioner 
will  be  decreed  and  established  according  to  the  prayer  of  said  petition, 
and  you  forever  barred  from  disputing  the  same. 

G.  P.     .    Solicitor  E.  F.         Petitioner 

Said  notice  shall  be  published  once  a  week  for  four  weeks  succes- 
sively, the  first  insertion  to  be  at  least  thirty  days  prior  to  said  term  of 
court,  and  the  several  publications  shall  be  in  the  same  newspaper  in  said 
county,  or  if  there  be  no  newspaper  published  in  said  county,  then  in  a 
newspaper  published  in  one  of  the  counties  nearest  thereto.  Provided, 
said  newspaper  shall  be  a  newspaper  of  general  circulation,  printed  in 
the  English  language,  and  shall  have  been  continuously  published  in 
said  county  for  a  period  of  at  least  six  months. 

Approved  June  28,  1919. 


PUBLIC  UTILITIES. 


CLAIMS    AGAINST    RAILROAD    CORPORATIONS    IN    TRANSPORTATION    OF 

GRAIN. 

§   1.     Claim — how  collected — attorney's   fee — provisions  cumulative. 

(House  Bill  No.  234.     Approved  June  28,  1919.) 

An  Act  providing  for  attorneys'  fees  in  suits  brought  for  the  collection 
of  claims  against  common  carriers  by  railroad  for  loss,  damage  on 
delay  in  the  transportation  of  grain. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  any  person,  having  a  valid 
bona  fide  claim  against  any  common  carrier  by  railroad  doing  business 


716  PUBLIC    UTILITIES. 


in  this  State  for  loss,  damage  or  delay  of  grain  transported  by  such 
carrier  in  intra-state  or  interstate  commerce,  may  present  the  same  to 
such  common  carrier  or  to  any  duly  authorized  agent  thereof  as  pro- 
vided by  State  or  Federal  law,  rule  or  regulation  and  if,  at  the  expira- 
tion of  ninety  days  after  the  presentation  of  such  claim,  the  same  has 
not  been  paid  or  satisfied,  such  claimant  may  institute  suit  thereon,  and 
if  such  claimant  establish  by  the  decision  of  the  court  or  jury  that  the 
amount  for  which  suit  has  been  brought  is  justly  due  and  owing  to 
such  claimant,  and  that  such  claim  was  presented  as  hereinbefore  pro- 
vided at  least  ninety  days  before  suit  was  brought  for  a  sum  or  sums 
not  exceeding  the  amount  so  found  due  and  owing,  then  it  shall  be  the 
duty  of  the  court  before  whom  the  case  has  been  tried  to  allow  the 
plaintiff,  when  the  foregoing  facts  appear,  a  reasonable  attorney's  fee  in 
addition  to  the  amount  found  due  and  owing  on  such  claim,  such  fee 
not  to  exceed  ten  per  cent  of  the  amount  so  established,  provided  that 
no  such  fee  shall  be  less  than  ten  dollars.  Provided,  however,  that 
nothing  in  this  Act  shall  be  construed  to  appeal  [repeal]  or  in  any  man- 
ner affect  any  provision  of  law  now  in  force  giving  a  remedy  to  those 
having  claims  of  the  character  mentioned  in  this  Act,  but  the  provisions 
of  this  Act  shall  be  considered  as  cumulative  of  all  other  remedies. 
Approved  June  28,  1919. 


RECEIVING,  TRANSPORTATION  AND  DELIVERY  OF  GRAIN  BY  RAILROAD 

CORPORATIONS. 

§    1.     Duty  of  corporation — without  dis-        §    2.     Repeals  section  2,  Act  of  1871. 
crimination.      Evidence  —  short- 
age. 

(House  Bill  No.   517.     Approved  June  30,   1919.) 

An  Act  entitled,  "An  Act  regulating  the  receiving,  transportation  and 
delivery  of  grain  by  railroad  corporations,  and  defining  the  duties  of 
such  corporations  with  respect  thereto". 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  every  railroad  corporation, 
chartered  by  or  organized  under  the  laws  of  this  State  or  doing  business 
Avithin  the  limits  of  the  same,  when  desired  by  any  person  wishing  to 
ship  any  grain  over  its  road,  shall  receive  and  transport  such  grain  in 
bulk,  within  a  reasonable  time,  and  permit  the  loading  of  the  same 
either  upon  its  track,  at  its  depot,  or  in  any  warehouse  adjoining  its 
track  or  side  track,  without  distinction,  discrimination  or  favor  between 
one  shipper  and  another,  and  without  distinction  or  discriminaton  as  to 
the  manner  in  which  such  grain  is  offered  to  it  for  transportation,  or  as 
to  the  person,  warehouse  or  place  to  whom  or  to  which  it  may  be  con- 
signed. 

Evidence — shortage.  If  any  such  corporation  shall,-  upon  the 
receipt  by  it  of  any  grain  for  transportation,  neglect  or  refuse  to  weigh 
the  same  the  sworn  statement  of  the  shipper,  or  his  agent  having  per- 
sonal knowledge  of  the  amount  of  grain  so  shipped,  shall  be  taken  as 
prima  facie  evidence  of  the  amount  so  shipped ;  and  in  case  of  the  neglect 
or  refusal  of  any  such  corporation,  upon  the  delivery  by  it  of  any  grain, 


PUBLIC    UTILITIES.  717 


to  weigh  the  same,  the  sworn  statement  of  the  person  to  whom  the  same 
was  delivered,  or  his  agent  having  personal  knowledge  of  the  weight 
thereof,  shall  be  taken  as  prima  facie  evidence  of  the  amount  delivered, 
provided,  in  case  of  suit  such  affidavit  or  a  copy  thereof  shall  be  filed  in 
court  upon  the  bringing  of  such  suit.  The  defendant  shall  have  the 
right  to  cross-examine  such  affiant  orally  if  it  elects  to  produce  said 
affiant  at  the  trial,  or  by  deposition  if  such  affiant  be  beyond  the  juris- 
diction of  the  court. 

§  2.  Section  2  of  an  Act  regulating  the  receiving,  transportation 
and  delivery  of  grain  by  railroad  corporations  and  defining  the  duties  of 
such  corporations  with  respect  thereto,  approved  April  25,  1871,  in 
force  July  1,  1871,  is  hereby  repealed. 

Approved  June  30,  1919. 

REGULATIONS. 

§    1.     Amends  section  39,  Act  of  1913.  §   39.     No  discrimination  in  rate 

or  charge — transporta- 
tion in  exchange  for 
newspaper  advertising 
—  transportation  to 
certain  persons — agree- 
ments prior  to  Act  of 
1913. 

(Senate   Bill  No.   197.     Approved  June   24,    1919.) 

An  Act  to  amend  section  39  of  an  Act  entitled,  "An  Act  to  provide  for 
the  regulation  of  public  utilities,"  approved  June  30,  1913,  in  force 
January  1,  1911^,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  39  of  an  Act  entitled, 
"An  Act  to  provide  for  the  regluation  of  public  utilities,"  approved 
June  30,  1913,  in  force  January  1,  1914,  as  amended,  is  amended  to 
read  as  follows : 

§  39.  No  public  utility,  or  any  officer  or  agent  thereof,  or  any 
person  acting  for  or  employed  by  it,  shall  directly  or  indirectly,  by  any 
device  or  means  whatsoever,  suffer  or  permit  any  corporation  or  person 
to  obtain  any  service,  commodity,  or  product  at  less  than  the  rate  or 
other  charge  then  established  and  in  force  as  shown  by  the  schedules 
filed  and  in  effect  at  the  time.  No  person  or  corporation  shall,  directly 
or  indirectly,  by  any  device  or  means,  whatsoever,  whether  with  or 
without  the  consent  or  connivance  of  a  public  utility  or  any  of  its 
officers,  or  employees,  seek  to  obtain  or  obtain  any  service,  commodity, 
or  product  at  less  than  the  rate  or  other  charge  then  established  and 
in  force  therefor :  Provided,  however,  that  nothing  in  this  Act  contained 
shall  be  construed  to  prevent  any  railroad  or  transportation  company 
from  selling  pr  granting  transportation  or  transportation  privileges  to 
the  owner  or  owners  of  any  newspaper  or  magazine  of  general  circulation 
in  payment  of  or  in  exchange  for  advertising  space  in  such  newspaper  or 
magazine,  at  the  full  value  thereof :  Provided,  further,  that  nothing  in 
this  Act  contained  shall  be  construed  to  prevent  the  issuance  of  free  or 
reduced  transportation  by  any  street  railroad  corporation  to  mail  carriers, 
policemen  and  members  of  fire  departments:  And,  provided,  further, 
that  if  prior  to  June  30,  1913,  any  real  estate  or  other  tangible  property 


718  REVENUE. 


shall  have  been  sold  or  transferred  to  any  public  utility  or  public  service 
corporation,  or,  if  before  that  date,  any  obligation  of  any  public  utility 
or  public  service  corporation  created  in  consideration  of  the  transfer  to 
it  of  any  real  estate  or  other  tangible  property,  shall  have  been  released 
or  cancelled,  upon  consideration  in  whole  or  in  part  of  an  agreement 
by  such  public  utility  or  public  service  corporation  expressed  in  writing 
to  render  any  service,  or  furnish  any  commodity  or  product  in  the  future 
to  the  party  or  parties  making  such  conveyance  or  transfer  or  owning 
such  obligation,  nothing  in  this  Act  contained  shall  be  construed  to  in 
any  wise  affect  such  agreement  or  to  prevent  the  performance  or  en- 
forcement thereof  according  to  its  terms,  or  to  authorize  the  commis- 
sion to  interfere  with  such  performance  or  enforcement. 
Approved  June  24,  1919. 


KEVENUE. 


ASSESSMENT   OP  PROPERTY — STATE   TAX   COMMISSION. 

1.  Defines    term    "local    assessment        §    17.     Same    authorities    to    furnish 

officers".  blanks,  etc. — compensation. 

2.  Duties  of  Tax  Commission.  §   18.     Commission  to  act  as  equalizing 

authority. 

3.  Power  of  Tax  Commission. 

§    19.     Classes    of    property    to    be    con- 

4.  Certified     copies     of     records     in  sidered   separately, 
courts. 

5.  Oaths. 

6.  Service  of  subpoenas. 

7.  Pees  and  mileage. 

8.  Refusal  to  comply  with  subpoena. 


§  20.  Equalizing  personal   property. 

§  21.  Equalizing  lands. 

§  22/  Results  combined  in  one  table. 

§  2  3.  Commission  may  estimate  values. 

§   24.  Assessments    certified    to    county 

§      9.     Publication    of    list  —  application  clerk. 

for  review.  .    .              __    . 

§   25.  Records,  etc.,  pertaining  to  State 

§    10.     Appeal — procedure.  Board    of    Equalization    trans- 
ferred to   commission. 
§   11.     Appeal  not  to  stay  assessment — 

refund.                                                        §   26.  Powers     and    duties     transferred 

to  commission. 
§   12.     Re-assessments. 

§   27.  Reports,    etc.,   filed  with  commis- 

§   13.     Subject    to   rules    of    original    as-  sion. 
sessments. 

§   2  8.  Assessment    of    local    officer    not 

§   14.     Manner  of  procedure.  to  be  reviewed,  etc. 

§  15.     Local   assessment   officer.  §  29.     Repeal. 

§   16.     Taxes   to   be  levied   under   re-as- 
sessment. 

(Senate  Bill  No.    368.     Approved  June   19,    1919.) 

An  Act  in  relation  to  the  assessment  of  property  for  taxation. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly: 

General  Powers  and  Duties  of  the  Tax  Commission. 

The  term  "local  assessment  officers,"  as  used  in  this  Act,  shall  mean 
and  include  township  assessors,  boards  of  assessors,  the  county  treasurer 
and  boards  of  review. 


REVENUE.  719 


§  2.     The  Tax  Commission  shall : 

(1)  Direct  and  supervise  as  provided  by  this  Act,  the  assessment 
for  taxation  of  all  real  and  personal  property  in  this  State  to  the  end 
that  all  assessments  of  property  be  made  relatively  just  and  equal; 

(2)  Confer  with,  advise  and  assist  local  assessment  officers  relative 
to  the  assessment  of  property  for  taxation; 

(3)  Prescribe  general  rules  and  regulations,  not  inconsistent  with 
law,  for  local  assessment  officers  relative  to  the  assessment  of  property 
for  taxation,  which  general  rules  and  regulations  shall  be  binding  upon 
all  local  assessment  officers  and  shall  be  obeyed  by  them  respectively  until 
reversed,  annulled  or  modified  by  a  court  of  competent  jurisdiction; 

(4)  Prescribe  or  approve  the  form  of  blanks  for  schedules,  re- 
turns, reports,  complaints,  notices  and  other  documents,  files  and  records 
authorized  or  required  by  and  provision  of  law  relating  to  the  assessment 
of  property,  or  by  any  rule  and  regulation  of  the  commission  and  all 
assessing  officers  shall  use  true  copies  of  such  blank  forms ; 

(5)  Assess  the  railroad  property  denominated  "railroad  track" 
and  "rolling  stock"; 

(6)  Assess,  and  value,  in  the  manner  provided  by  law,  the  capital 
stock,  including  the.  franchise,  of  all  companies  or  associations  now  or 
hereafter  incorporated  under  the  laws  of  this  State,  except  companies 
and  associations  organized  for  purely  manufacturing  and  mercantile 
purposes,  or  for  either  of  such  purposes,  or  for  the  mining  and  sale  of 
coal  or  for  printing  or  for  the  publishing  of  newspapers  or  for  the  im- 
proving and  breeding  of  stock,  of  for  the  purpose  of  banking,  including 
any  of  such  property  as  may  have  been  omitted  from  assessment  in  any 
year  or  years,  or  which,  from  defective  description  has  not  paid  any  taxes 
for  any  year  or  years ; 

(7)  Equalize  the  valuation  and  assessment  of  property  throughout 
the  State  between  the  different  counties  of  the  State  and  fix  the  aggregate 
amount  of  the  assessment  for  each  county  upon  which  taxes  shall  be  ex- 
tended; 

(8)  Keep  a  correct  record  of  its  acts  and  doings  relative  to  the 
assessment  of  property  and  the  equalization  of  assessments. 

§  3.     The  Tax  Commission  shall  have  power: 

(1)  To  require  local  assessment  officers  to  meet  with  it  from  time 
to  time  for  the  purpose  of  considering  matters  relative  to  taxation; 

(2)  To  formulate  and  recommend  legislation  for  the  improvement 
of  the  system  of  taxation  of  property  and  for  the  equalization  of  the  tax- 
ation of  the  State ; 

(3)  To  make  such  research  and  investigation  as  to  the  properties 
of  corporations  and  the  true  values  of  the  franchise  and  properties  of  all 
corporations  incorporated  under  the  laws  of  this  State,  except  companies 
and  associations  organized  for  purely  manufacturing  and  mercantile 
purposes,  or  for  either  of  such  purposes,  or  for  the  mining  and  sale  of 
coal,  or  for  printing  or  for  the  publishing  of  newspapers  or  for  the  im- 
proving and  breeding  of  stock,  or  for  the  purpose  of  banking,* as  will 
enable  it  to  ascertain  the  fair  cash  value  of  the  capital  stock,  including- 
the  franchise,  of  such  corporations  as  are  assessed  by  it  and  to  obtain 


720  REVENUE. 


such  further  data  and  information  upon  which  general  rules  and  regula- 
tions may  be  based ; 

(4)  To  investigate  the  tax  systems  of  other  states  and  countries; 

(5)  To  request  the  institution  of  proceedings,  actions  and  prose- 
cutions to  enforce  the  laws  relating  to  the  penalties,  liabilities  and  pun- 
ishment of  public  officers,  persons,  or  officers  or  agents  of  corporations 
for  failure  or  neglect  to  comply  with  this  Act ; 

(6)  To  order  in  any  year  a  re-assessment  of  all  real  and  personal 
property,  or  real  or  personal  property,  or  any  class  of  personal  property, 
in  any  county,  or  in  any  assessment  district  thereof,  when  in  its  judg- 
ment such  re-assessment  is  desirable  or  necessary,  and  for  that  purpose 
to  cause  such  re-assessment  to  be  made  by  the  local  asessment  officers,  and 
cause  it  to  be  substituted  for  the  original  assessment ; 

(7)  To  take  testimony  and  proofs  under  oath  and  to  require  the 
production  of  books,  papers  and  documents  pertinent  to  any  assessment, 
investigation  or  inquiry  and  for  that  purpose  to  subpoena  and  compel 
the  attendance  of  witnesses; 

(8)  To  require  from  all  State  and  local  officers  such  information 
as  may  be  necessary  for  the  proper  discharge  of  its  duties; 

(9)  To  examine  and  make  memoranda  from  all  records,  books, 
papers,  documents,  statements  of  account  on  record  or  on  file  in  any 
public  office  of  the  State  or  of  any  county,  township,  road  district,  city, 
village,  incorporated  town,  school  district  or  any  other  taxing  district 
of  the  State  and  all  public  officers  having  charge  or  custody  of  such 
records  shall  furnish  to  the  commission  information  of  any  and  all  mat- 
ters on  file  or  of  record  in  their  respective  offices ; 

(10)  To  adopt,  from  time  to  time,  rules  not  inconsistent  with  law, 
for  ascertaining  the  fair  cash  value  of  the  capital  stock,  including  the 
franchise,  of  corporations  assessed  by  it. 

§  4.  Certified  copies  of  the  records  of  the  Tax  Commission  pertain- 
ing to  the  assessment  of  property  and  the  equalization  of  assessments, 
attested  b}^  the  seal  of  the  Department  of  Finance,  shall  be  received  in 
evidence  in  all  courts  with  like  effect  as  certified  copies  of  other  public 
records. 

§  5.  Each  officer  in  the  Tax  Commission,  each  employee  of  the  com- 
mission and  each  other  competent  person  specially  delegated  in  writing 
for  that  purpose,  shall  have  the  power  to  administer  all  oaths  authorized 
or  required  under  the  provisions  of  this  Act. 

§  6.  Any  sheriff,  constable  or  other  person  may  serve  any  subpoena 
issued  under  the  provisions  of  this  Act. 

§  7.  The  fees  and  mileage  of  witnesses  attending  any  hearing  held 
by  the  tax  commission  under  the  provisions  of  this  Act,  pursuant  to  any 
subpoena,  shall  be  the  same  as  those  of  witnesses  in  civil  cases  in  the 
Circuit  Court  in  counties  of  the  second  class.  Such  fees  and  mileage 
shall  be  paid  by  the  State. 

§  8V  In  case  any  person  refuses  to  comply  with  any  subpoena  issued 
by  the  Tax  Commission,  or  to  produce  or  to  permit  the  examination  or 
inspection  of  any  books,  papers  and  documents  pertinent  to  any  assess- 
ment, investigation  or  inquiry,  or  to  testify  to  any  matter  regarding 


REVENUE.  721 


which  he  may  be  lawfully  interrogated,  the  Circuit  Court  or  County 
Court  of  the  county  in  which  such  matter  or  hearing  is  pending,  on  ap- 
plication of  the  Tax  Commission,  shall  compel  obedience  by  attachment 
proceedings  as  for  contempt,  as  in  a  case  of  disobedience  of  the  require- 
ments of  a  subpoena  from  such  court  on  a  refusal  to  testify  therein. 

§  9.  Upon  the  completion  of  the  original  assessments  to  be  made 
by  the  Tax  Commission,  it  shall  publish  a  full  and  complete  list  of  such 
assessments  in  the  State  "official  newspaper".  Any  person  or  corporation 
feeling  aggrieved  by  any  such  assessment  may,  within  ten  days  of  the 
date  of  publication  of  such  "official  newspaper"  containing  such  list,  ap- 
ply to  the  Tax  Commission  for  a  review  and  correction  of  the  assessment 
complained  of.  Upon  such  review  the  Tax  Commission  may  make  such 
correction,  if  any,  therein  as  may  be  just  and  right. 

§  10.  Any  person  feeling  himself  aggrieved  by  any  assessment 
made  by  the  Tax  Commission  may  appeal  to  the  Circuit  Court  of  the 
county  in  which  such  property  or  some  part  thereof  is  situated,  for  the 
purpose  of  having  the  lawfulness  of  such  assessment  inquired  into  and 
determined. 

The  person  taking  such  appeal  shall  file  with  the  Tax  Commission 
written  notice  of  such  appeal,  which  notice  shall  state  in  full  the  grounds 
of  such  appeal.  Such  notice  of  appeal  shall  be  filed  within  ten  days  after 
such  assessment  is  made  and  notice  given  thereof.  Thereupon  the  Tax 
Commission  shall  prepare  and  transmit  to  the  clerk  of  the  court  to  which 
such  appeal  is  taken  a  copy  of  such  notice  of  appeal  and  a  copy  of  all 
evidence,  documents,  papers,  books  and  files  pertaining  to  such  appeal, 
which  copies  shall  be  certified  to  as  correct  by  the  Director  of  Finance. 
The  appeal  shall  be  heard  without  formal  pleadings  upon  the  record  so 
certified  by  the  Tax  Commission.  Appeals  shall  lie  from  the  judgment 
of  the  Circuit  Court  to  the  Supreme  Court.  The  remedy  by  appeal 
here~in  provided  for  shall  not  be  construed  to  be  exclusive. 

§  11.  No  appeal  to  the  Circuit  Court  from  an  assessment  made 
by  the  tax  commission  shall  stay  or  suspend  any  assessment  or  the  exten- 
sion of  any  taxes  thereon.  If  the  court,  by  its  final  judgment,  should 
set  aside  or  reduce  such  assessment,  and  the  taxes  so  erroneously  assessed 
shall  have  been  paid,  the  person  or  corporation  so  erroneously  paying 
such  taxes  shall  be  entitled  to  a  refund  thereof  as  provided  by  section 
268  of  an  Act  entitled,  "An  Act  for  the  assessment  of  property  and  for 
the  lew  and  collection  of  taxes,"  approved  March  30,  1872,  in  force 
July  1,*1872. 

Ee-assessments. 

§  12.  Whenever  it  shall  appear  to  the  Tax  Commission  that  the 
real  or  personal  property  in  any  county,  or  in  any  assessment  district 
thereof,  has  not  been  assessed  in  substantial  compliance  with  law.  or  has 
been  unequally  or  improperly  assessed,  the  Tax  Commission  may,  in  its 
discretion,  in  any  year  order  a  re-assessment  for  such  year  of  all  or  any 
class  of  the  taxable  property  in  such  county,  or  assessment  district  there- 
of.   The  Tax  Commission  may  order  such  re-assessment  made  by  the  local 

— 4G  L 


722  EEVENUE. 


assessment  officers.  The  order  directing  such  re-assessment  shall  be  filed 
in  the  office  of  the  county  treasurer  of  the  county  in  which  such  re- 
assessment has  been  ordered,  except  in  counties  having  an  elective  board 
of  review  in  which  case  such  order  shall  be  filed  with  the  board  of 
review. 

§  13.  Such  re-assessment  shall  be  made  in  the  same  manner  and 
subject  to  the  same  laws  and  rules  as  an  original  assessment  and  shall 
be  subject  to  review  and  correction  by  the  board  of  review  as  in  case  of 
an  original  assessment. 

§  14.  For  the  purpose  of  reviewing  and  equalizing  such  re-assess- 
ment, the  board  of  review  of  the  county  in  which  the  re-assessment  is 
made  shall  review  and  correct  such  re-assessment.  The  Tax  Commission 
shall  fix  the  time  and  place  of  the  meeting  of  the  board  of  review  to 
review  and  correct  such  re-assessment.  At  least  one  week  before  the  meet- 
ing of  such  board  of  review  to  review  and  correct  such  re-assessment,  the 
board  of  review  shall  publish  a  notice  of  the  time  and  place  of  its  meet- 
ing for  such  purpose  in  at  least  one  newspaper  of  general  circulation 
published  in  the  county  in  which  such  re-assessment  is  made.  The 
board  of  review  shall  convene  at  the  time  and  place  fixed  in  such  order 
and  shall  review,  correct,  return  and  certify  such  re-assessment  in  like 
manner,  and  shall  have  and  exercise  all  the  powers  and  authority  given  to 
boards  of  review  and  shall  be  subject  to  all  the  restrictions,  duties  and 
penalties  of  such  boards. 

§  15.  Such  local  assessment  officer  while  engaged  in  making  such 
re-assessment,  shall  have  custody  and  possession  of  the.  assessment  books 
containing  the  original  assessment  and  all  property  and  other  statements 
and  memoranda  relating  thereto,  and  the  person  having  the  custody 
thereof  shall  deliver  such  assessment  books  and  such  property  to  the  local 
assessment  officer  on  demand.  He  shall,  in  making  such  re-assessment, 
have  all  the  power  and  authority  given  by  law  to  local  assessment  officers 
and  shall  be  subject  to  all  the  restrictions,  liabilities  and  penalties  im- 
posed by  law  upon  local  assessment  officers. 

§  16.  Such  -re-assessment,  when  completed  and  reviewed  as  pro- 
vided herein,  shall  be  the  assessment  upon  which  taxes  for  that  year 
shall  be  levied  and  extended  in  the  county  or  assessment  district  for 
which  made. 

§  17.  The  necessary  books,  records  and  blank  forms  needful  for 
the  purpose  of  such-  re-assessment  shall  be  furnished  by  the  same  author- 
ities that  furnish  books,  records  and  blank  forms  for  an  original  assess- 
ment. The  local  assessment  officer  and  the  members  of  the  board  of 
review  when  convened  in  extraordinary  session  for  the  purpose  of  mak- 
ing such  re-assessment  or  of  reviewing  and  correcting  the  same  shall 
receive  the  same  compensation  as  for  like  service  in  making,  or  in  re- 
viewing, an  original  assessment,  which  compensation,  as  well  as  all  other 
expenses  in  making  the  re-assessment,  shall  be  paid  by  the  county  on  the 
certificate  of  the  Tax  Commission. 


REVENUE.  723 


Equalization. 

§  18.  The  Tax  Commission  shall  act  as  an  equalizing  authority. 
It  shall  examine  the  abstracts  of  property  assessed  for  taxation  in  the 
several  counties  as  returned  by  the  county  clerks  and  the  original  assess- 
ments made  by  it,  and  shall  equalize  the  assessments  as  in  this  Act  pro- 
vided. The  Tax  Commission  may  so  lower  or  raise  the  total  assessed  value 
of  property  in  any  county  as  returned  by  the  county  clerk  as  shall  make 
the  property  in  such  county  bear  a  just  relation  to  the  assessed  value  of 
property  in  other  counties.  The  total  amount  of  such  increase  or  de- 
crease in  any  one  county  shall  not  exceed  ten  per  cent  of  the  total  as- 
sessed value  of  all  property  in  the  State  as  returned  for  purposes  of  tax- 
ation. The  Tax  Commission  shall  not  reduce  the  aggregate  assessed  val- 
uation in  the  State;  nor  shall  it  increase  such  aggregate  valuation,  ex- 
cept in  such  amount  as  may  be  necessary  to  a  just  equalization. 

§  19.  The  Tax  Commission  in  equalizng  the  valuation  of  property 
as  listed  and  assessed  in  different  counties,  shall  consider  the  following 
classes  of  property  separately,  viz :  personal  property,  railroad  and  tele- 
graph property;  lands;  town  and  city  lots;  and  the  capital  and  other 
property  of  public  utilities  and  of  companies  and  associations  assessed 
by  the  Tax  Commission  and,  upon  such  consideraton  determine  such 
rates  of  addition  to  or  deduction  from  the  listed  or  assessed  valuation 
of  each  of  such  classes  of  property  in  each  county,  or  to  or  from  the 
aggregate  assessed  value  of  each  of  such  classes  in  the  State,  as  may  be 
deemed  by  the  Tax  Commission  to  be  equitable  and  just  such  rates  being 
in  all  cases  even  and  not  fractional ;  and  such  rates,  as  finally  determined 
by  the  tax  commission  shall  not  be  combined. 

§  20.  In  equalizing  the  value  of  personal  property  between  the 
several  counties,  the  Tax  Commission  shall  cause  to  be  obtained  the  State 
averages  of  the  several  kinds  of  enumerated  property,  from  the  aggre- 
gate footings  of  the  number  and  value  of  each;  and  the  value  of  the 
several  kinds  of  enumerated  property  in  each  county  shall  be  obtained 
at  those  average  values;  and  the  value  of  the  enumerated  property  thus 
obtained,  as  compared  with  the  assessed  value  of  such  property  in  each 
county  shall  be  taken  by  the  Tax  Commission  to  obtain  a  rate  per  cent, 
to  be  added  to  or  deducted  from  the  total  assessed  value  of  such  property 
in  each  county.  Whenever,  in  the  opinion  of  the  Tax  Commission  it  is 
necessary,  to  a  more  just  and  equitable  equalization  of  such  property, 
that  a  rate  per  cent  be  added  to  or  deducted  from  the  value  thus  obtained 
in  any  one  or  more  of  the  counties,  the  Tax  Commission  shall  have  the 
right  so  to  do;  but  the  rate  per  cent  heretofore  required  shall  first  be 
obtained  to  form  the  basis  upon  which  the  equalization  of  personal  prop- 
erty shall  be  made. 

§  21.  Lands  shall  be  equalized  by  adding  to  the  aggregate  assessed 
value  thereof,  in  every  county  in  which  the  Tax  Commission  may  believe 
the  valuation  to  be  too  low,  such  rate  per  centum  as  will  raise  the  same 
to  its  proper  proportionate  value,  and  by  deducting  from  the  aggregate 
assessed  value  thereof,  in  every  county  in  which  the  Tax  Commission  may 
believe  the  valuation  to  be  too  high,  such  per  centum  as  will  reduce  the 
same  to  its  proper  value.     Town  and  city  lots  shall  be  equalized  in  the 


724  REVENUE. 


same  manner  herein  provided  for  equalizing  lands,  and,  at  the  option 
of  the  Tax  Commission  may  be  combined  and  equalized  with  lands. 

§  22.  When  the  Tax  Commission  shall  have  separately  considered 
the  several  classes  of  property  as  hereinbefore  required,  the  results  shall 
be  combined  in  one  table,  and  the  same  shall  be  examined,  compared 
and  perfected  in  such  manner  as  the  Tax  Commission  shall  deem  best  to 
accomplish  a  just  equalization  of  assessments  throughout  the  State,  pre- 
serving, however,  the  principle  of  separate  rates  for  each  class  of 
property. 

§  23.  In  all  cases  of  partial  return  from  any  county  where  the 
number  of  defaulting  towns  or  districts  does  not  exceed  one-third  of 
the  whole  number  of  towns  or  distircts  in  the  county,  the  Tax  Commission 
may  estimate  the  valuation  in  the  towns  or  districts  from  which  returns 
have  not  been  received  and  may  equalize  the  total  valuation  as  in  other 
cases. 

§  24.  When  the  Tax  Commission  shall  have  completed  its  equal- 
ization of  assessments  for  any  year,  it  shall  certify  to  the  several  county 
clerks  the  rates  finally  determined  by  it  to  be  added  to  or  deducted  from 
the  listed  or  assessed  valuation  of  each  class  of  property  in  the  several 
counties.  The  respective  assessments  made  by  it  on  the  capital  stock, 
including  the  franchise,  of  corporations  assessed  by  it  (other  than  of  the 
capital  stock  of  railroads  and  telegraph  companies)  shall  be  certified  by 
it  to  the  county  clerks  of  the  respective  counties  in  which  such  companies 
or  associations  are  located.  And  said  clerk  shall  extend  the  taxes  for  all 
purposes  on  the  respective  amounts  so  certified,  the  same  as  may  be 
levied  on  the  other  property  in  such  towns,  districts,  villages  or  cities 
in  which  such  companies  or  associations  are  located.  It  shall  also  certify 
to  the  county  clerk  of  the  proper  counties  the  assessments  of  ''railroad 
track"  and  "rolling  stock",  and  the  assessments  of  the  capital  stock,  in- 
cluding the  franchise,  of  railroad  and  telegraph  companies.  And  the 
county  clerk  shall  distribute  the  value  so  certified  to  him  to  the  county 
and  to  the  several  towns,  districts,  villages  and  cities  in  his  county  en- 
titled to  a  proportionate  value  of  such  "railroad  track"  and  "rolling 
stock",  and  capital  stock,  and  shall  extend  taxes  against  such  values  the 
same  as  against  other  property  in  such  towns,  districts,  villages  and 
cities. 

Miscellaneous. 

§  25.  All  records,  books,  papers,  documents  and  memoranda  per- 
taining to  the  State  Board  of  Equalization  shall,  upon  the  taking  effect 
of  this  Act,  be  transferred  and  delivered  to  the  Tax  Commission. 

§  26.  On  and  after  the  taking  effect  of  this  Act  all  the  powers 
and  duties  now  conferred  or  imposed  upon  the  State  Board  of  Equaliza- 
tion and  upon  the  Auditor  of  Public  Accounts  in  relation  to  the  assess- 
ment of  property  for  taxation  shall  be  transferred  to  and  thereafter  shall 
be  exercised  and  performed  by  the  Tax  Commission. 

§  27.  Whenever,  in  any  law  relating  to  the  assessment  of  property 
for  taxation,  abstracts,  reports,  or  schedules  or  other  papers  or  docu- 
ments, are  required  to  be  filed  with,  or  any  duty  is  imposed  upon,  or 


REVENUE.  725 


power  vested  in  either  the  Auditor  of  Public  Accounts  or  the  State 
Board  of  Equalization,  such  abstracts,  reports,  schedules,  or  other  papers 
or  documents  shall  be  filed  with,  such  duty  and  power  shall  be  discharged 
and  exercised  by  the  Tax  Commission. 

§  28.  Nothing  contained  in  this  Act  shall  be  construed  to  give  the 
Tax  Commission  any  power,  jurisdicton  or  authority  to  review,  revise, 
correct  or  change  any  individual  assessment  made  by  any  local  assess- 
ment officer. 

PiEPEAL. 

§  29.     The  following  Acts  and  parts  of  Acts  are  hereby  repealed : 

Sections  100  to  116,  both  inclusive,  of  an  Act  entitled,  "An  Act  for 
the  assessment  of  property  and  for  the  levy  and  collection  of  taxes/'  ap- 
proved March  30,  1872,  in  force  July  1,  1872,  and  amendments  thereto; 

Sections  50  and  51  of  an  Act  entitled,  "An  Act  for  the  assessment 
of  property  and  providing  the  means  therefor,  and  to  repeal  a  certain 
Act  therein  named,"  approved  February  25,  1898,  in  force  July  1,  1898, 
and  amendments  thereto. 

Sec.  25  of  an  Act  entitled,  "An  Act  in  regard  to  elections,  and  to 
provide  for  filling  vacancies  in  elective  offices,"  approved  April  3,  1872, 
in  force  July  1,  1872. 

Approved  June  19,  1919. 


ASSESSMENT  OF  PROPERTY. 

§    1.     Amends  section  29,  Act  of  1898.  §   29.     List  of  assessment  to  be 

published   —   cost   — 
pamphlet  copies. 

(House   Bill   No.    463.     Approved  June    21,    1919.) 

An  Act  to  amend  section  29  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,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly: 

Section  29  of  an  Act  entitled,  "An  Act  for  the  assessment  of  prop- 
erty, and  providing  the  means  therefor  and  to  repeal  a  certain  Act 
therein  named,"  approved  February  25,  1898,  in  force  July  1,  1898,  as 
amended,  is  amended  to  read  as  follows : 

§  29.  As  soon  as  the  county  assessor  or  supervisor  of  assessments 
shall  have  completed  the  assessment  in  the  year  A.  D.  1907,  he  shall 
cause  to  be  published  a  full  and  complete  list  of  such  assessment  by 
township  or  assessment  districts,  which  publication  shall  be  made  on 
or  before  July  10,  of  each  year  in  some  public  newspaper  or  newspapers 
printed  and  published  in  said  county :  Provided,  that  in  every  town- 
ship or  assessment  district  in  which  there  is  published  one  or  more 
newspapers  of  general  circulation  the  list  of  such  township  or  assessment 
district  shall  be  published  in  one  of  said  newspapers  so  printed  and 
published  in  said  township  or  assessment  district:  And,  provided,  that 
said  newspaper  shall  not  receive  for  the  publishing  of  said  assessment 


726  REVENUE. 


list  to  exceed  five  (5)  cents  per  name  for  each  person  or  corporation  so 
assessed,  and  ten  (10)  cents  for  each  description  of  real  estate,  and  if 
impossible  to  secure  publication  at  that  price,  that  the  publication  be  let 
to  the  lowest  bidder  at  a  price  not  exceeding  five  cents  per  tract,  to  be 
printed  in  pamphlet  form,  and  shall  furnish  to  the  county  assessor,  the 
county  supervisor  of  assessments  and  the  board  of  review  as  many  copies 
of  said  paper  containing  the  assessment  list  as  they  may  require,  said 
papers  so  furhsihed  not  to  cost  to  exceed  five  (5)  cents  per  copy:  Pro- 
vided, further,  that  after  the  year  1907,  the  publication  shall  only  be  of 
the  assessment  of  personal  property  and  the  changes  made,  if  any,  in 
real  estate,  but  the  real  estate  assessment  shall  be  published  in  full  every 
four  (4)  years,  beginning  with  the  year  1907:  Provided,  further,  that 
in  counties  of  125,000  inhabitants  or  over,  no  assessment  of  real  estate 
shall  be  published  as  herein  provided  until  such  assessment  shall  have 
been  equalized,  revised  or  affirmed  by  the  board  of  review,  and  when 
the  board  of  review  shall  have  acted  upon  the  assessment  list  of  real 
property,  as  herein  provided  in  the  year  1907  and  every  four  years 
thereafter,  the  assessors  and  board  of  review  shall  cause  to  be  published 
a  full  and  complete  list  of  such  assessment  on  real  property,  together 
with  all  changes  made  by  the  board  of  review  under  the  authority  of 
this  Act,  such  changes  to  be  indicated  in  a  separate  column,  such  publi- 
cation to  be  in  pamphlet  form  by  election  districts  in  lieu  of  publication 
in  a  newspaper :  And,  provided,  that  the  board  of  review  shall  cause  to 
be  mailed  to  each  taxpayer  in  said  election  precinct  a  copy  of  the  said 
list  for  his  precinct:  Provided,  further,  that  in  case  said  assessment  is 
not  published  in  conformity  with  law  and  was  not  mailed  in  accordance 
with  the  provisions  of  this  Act,  the  failure  to  so  publish  the  same  or  mail 
the  same  shall  not  be  considered  as  a  valid  objection  to  a  judgment  for 
tax  sale  in  the  county  court.  The  expense  of  such  printing  and  publica- 
tion shall  be  paid  out  of  the  county  treasury. 
Approved  June  21,  1919. 


ASSESSMENT  OP  PROPERTY. 

§   1.     Amends  section  30,  Act  of  1898.  §   2.     Emergency. 

§  30.  Board  of  review  —  ap- 
pointment—  compensa- 
tion— clerk. 

(House  Bill  No.   28.     Approved  April   18,   1919.) 

An  Act  to  amend  section  30  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,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  30  of  an  Act  for 
the  assessment  of  property  and  providing  the  means  therefor,  and  to 
repeal  a  certain  Act  therein  named,"  approved  February  25,  1898,  in 
force  July  1,  1898,  as  amended,  be  and  the  same  is  hereby  amended  to 
read  as  follows: 


REVENUE.  727 


§  30.  Appointment  or — vacancy — how  filled — compensation 
— clerk.]  In  counties  under  township  organization  of  less  than  one 
hundred  twenty-five  thousand  (125,000)  inhabitants  there  shall  be  a 
board  of  review  to  review  the  assessments  made  by  the  county  supervisor 
of  assessments.  The  chairman  of  the  board  of  supervisors  shall  be  ex- 
officio  chairman  of  the  board  of  review,  shall  be  two  (2)  additional 
members  of  said  board  of  review,  who  shall  be  appointed  in  the  man- 
ner following:  On  or  before  June  1,  1918,  the  county  judge  shall 
appoint  one  (1)  citizen  of  the  county  to  serve  as  a  member  of  the 
board  of  review  of  the  county  for  one  (1)  year  from  the  date  of  his 
appointment,  and  one  (1)  citizen  of  the  county  to  serve  as  a  member  of 
the  board  of  review  for  two  (2)  years  from  the  date  of  his  appointment. 
Each  year  thereafter,  on  or  before  the  first  day  of  July,  the  county 
judge  shall  appoint  one  (1)  citizen  of  the  county  to  serve  as  a  member 
of  the  board  of  review  for  two  (2)  years  from  the  date  of  his  appoint- 
ment. Should  a  member  of  the  board  of  review  die,  resign,  or  be  re- 
moved, the  county  judge  shall  appoint  a  citizen  of  the  county  to  fill  the 
unexpired  term  of  such  member.  The  board  of  review  shall  at  all 
times  consist  of  two  (2)  members  affiliated  with  the  political  party  polling 
the  highest  vote,  and  one  (1)  member  of  the  party  polling  the  second 
highest  vote  at  the  general  election  in  the  county  prior  to  the  time  any 
appointment  is  made  by  virtue  of  this  section.  The  members  of  the 
board  of  review  shall  receive  as  compensation  the  sum  per  day  for  each 
day  of  service  as  shall  be  fixed  by  the  county  board,  their  time  of  service 
to  be  made  out  in  due  form  witli  day  and  date,  and  sworn  to  by  the 
members  thereof:  Provided,  further,  that  in  counties  of  less  than  one 
hundred  twenty-five  thousand  (125,000)  inhabitants,  the  members  of 
the  board  of  review  by  a  majority  vote  each  year  may  select  some  suit- 
able person  to  act  as  clerk  of  said  board  of  review,  and  such  clerk  shall 
receive  as  compensation,  the  sum  per  day  for  each  day  of  service  as 
shall  be  fixed  by  the  county  board.  The  time  of  service  of  such  clerk  to 
be  made  out  in  due  form,  with  day  and  date,  and  sworn  to  by  such  clerk. 

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

Approved  April  18,  1919. 

assessment  op  property. 

§   1.     Amends  sections  17  and  18,  Act  of  §  18.     Personal  and  real 

1898.  property  —  full    and 


§   17.     Schedule   —   notice   — 
oath. 


assessed  value. 


(Senate  Bill  No.    385.     Approved  June   30,    1919.) 

An  Act  to  amend  sections  17  and  18  of  an  Act  entitled,  "An  Act  for 
the  assessment  of  property  and  providing  the  means  therefor,  and  to 
repeal  a  certain  Act  therein  named,"  approved  February  25,  1898,  in 
force  July  1,  1898,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  17  and  18  of  an 
Act  entitled,  "An  Act  for  the  assessment  of  property  and  providing  the 
means  therefor,  and  to  repeal  a  certain  Act  therein  named,"  approved 


728  REVENUE. 


February  25,  1898,  in  force  July  1,  1898,  as  subsequently  amended,  be 
and  the  same  are  hereby  further  amended  so  that  said  sections  shall 
read  respectively  as  follows : 

§  17.  The  assessor  shall  furnish  to  each  person  required  to  list 
personal  property  a  printed  blank  schedule,  forms  to  be  furnished  by 
the  Auditor  of  Public  Accounts,  upon  which  shall  be  printed  a  notice 
substantially  as  follows: 

"This  schedule  must  be  filled  out,  sworn  to  and  returned  to  me  in 

person  or  by  mail  at (Address) 

on  or  before 

You  are  to  give  a  full,  fair  cash  value  of  the  articles  mentioned  as  well 
as  the  amount  of  money  required  to  be  returned.  Only  one-half  of  the 
several  amounts  will  be  taken  and  assessed  for  the  purpose  of  taxation. 

(Signature) 

Assessor/' 

There  shall  also  be  printed  upon  such  blank  the  schedule  now  re- 
quired by  law,  and  the  following,  which  is  a  part  of  this  section:  And 
every  person  required  to  list  personal  property  or  money  shall  fill  out, 
subscribe  and  swear  to,  and  return  to  the  assessor,  in  person  or  by  mail, 
at  the  time  required,  such  schedule  in  accordance  with  law,  giving  the 
numbers,  amounts,  quantity  and  quality  of  all  the  articles  enumerated  in 
said  schedule  by  him  possessed,  or  under  his  control,  required  to  be 
listed  by  him  for  taxation.  The  assessor  shall  determine  and  fix  the  fair 
cash  value  of  all  items  of  personal  property,  including  all  grain  on 
hand  on  the  first  day  of  April,  and  set  down  the  same,  as  well  as  the 
amounts  of  notes,  accounts,  bonds  and  moneys,  in  a  column  headed, 
"full  value,  and  ascertain  and  assess  the  same  at  one-half  part  thereof, 
and  set  down  said  one-half  part  thereof  in  a  column  headed  "assessed 
value,"  which  last  amount  shall  be  the  assessed  value  thereof  for  all 
purposes  of  taxation.  The  assessor  or  some  person  authorized  by  law 
to  administer  an  oath,  shall  administer  the  oath  required  in  this  section. 

§  18.  Personal  property  shall  be  valued  at  its  fair  cash  value, 
less  such  deductions  as  may  be  allowed  by  law  to  be  made  from  credits, 
which  value  shall  be  set  down  in  one  column,  to  be  headed  "full  value," 
and  one-half  part  thereof  shall  be  ascertained  and  set  down  in  another 
column  which  shall  be  headed  "assessed  value."  Eeal  property  shall  be 
valued  at  its  fair  cash  value,  estimated  at  the  price  it  would  bring  at 
a  fair  voluntary  sale  in  the  course  of  trade,  which  shall  be  set  down  in 
one  column  to  be  headed  "full  value,"  and  one-half  part  thereof  shall 
be  set  down  in  another  column,  which  shall  be  headed  "assessed  value. 

The  State  Board  of  Equalization  in  valuing  property  assessed  by 
them  shall  ascertain  and  determine  respectively  the  fair  cash  value 
of  such  property,  which  fair  cash  value  shall  be  set  down  in  one  column 
to  be  headed  "full  value,"  and  one-half  part  thereof  shall  be  ascertained 
and  set  clown  in  another  column,  which  shall  be  headed  "assessed  value." 
The  one-half  value  of  all  property  so  ascertained  and  set  down  shall 
be  the  assessed  value  for  all  purposes  of  taxation,  limitation  of  taxation 
and  limitation  of  indebtedness  prescribed  in  the  constitution  or  any 
statute. 

Approved  June  30.  1919, 


REVENUE.  729 


CHILDREN— DELINQUENT    OR    TRUANT. 

§    1.     Amends   sections   5,    6   and    7,   Act  §   6.     Adoption  of  this  Act. 

of   1907. 

§   7.     How    electors    may 
§   5.     Power  to  tax  two-thirds  abandon  this  Act. 

of  one  mill  for  such 
home  —  must  be  au- 
thorized by  electors. 

(Senate  Bill  No.    538.     Approved   June   30,    1919.) 

An  Act  to  amend  sections  5,  6  and  7,  of  an  Act  entitled,  "An  Act  to 
authoruize  county  authorities  to  establish  and  maintain  a  detention 
home  for  the  temporary  care  and  custody  of  dependent,  delinquent  or 
truant  children,  and  to  levy  and  collect  a  tax  to  pay  the  cost  of  its 
establishment  and  maintenance,"  approved  May  13,  1907,  in  force 
July  1,  1907. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  5,  6  and  7  of  an 
Act  entitled,  "An  Act  to  authorize  county  authorities  to  establish  and 
maintain  a  detention  home  for  the  temporary  care  and  custody  of  de- 
pendent, delinquent  or  truant  children,  and  to  levy  and  collect  a  tax  to 
pay  the  cost  of  its  establishment  and  maintenance,"  approved  May  13, 
1907,  in  force  July  1,  1907,  be  and  the  same  are  hereby  amended  'to 
read  as  follows : 

§  5.  The  board  of  county  commissioners  or  the  board  of  super- 
visors, as  the  case  may  be,  of  any  county,  shall  have  the  power  and 
authority,  in  addition  to  taxes  levied  and  collected  for  other  county 
purposes,  and  in  addition  to  the  50  cents  per  $100.00  valuation  limit  of 
taxation,  now  provided  for  county  purposes  to  annually  levy  and  collect 
a  tax  not  exceeding  two-thirds  of  one  mill  on  the  dollar  valuation  upon 
all  property  within  the  county  for  the  purpose  of  purchasing,  erecting, 
leasing  or  otherwise  providing,  establishing,  supporting  and  maintain- 
ing such  detention  home :  Provided,  this  Act  shall  be  adopted  and  the 
levy  and  collection  of  such  tax  authorized  by  the  legal  voters  of  the 
county  in  the  manner  provided  by  section  6  of  this  Act. 

§  6.  The  electors  of  any  county  may  adopt  this  act  in  the  follow- 
ing manner :  Whenever  the  legal  voters  of  such  county  to  the  number 
of  25%  of  the  votes  cast  at  the  last  general  election  shall  petition  the 
county  judge  of  such  county  not  less  than  30  days  before  any  general 
election  in  such  county  to  submit  the  proposition  whether  or  not  the 
electors  shall  adopt  this  Act,  it  shall  be  the  duty  of  the  county  judge 
to  submit  such  proposition  at  the  next  general  election.  The  propo- 
sition so  to  be  voted  for  shall  be  on  a  separate  ballot  in  plain  prominent 
type,  and  be  prepared  and  provided  for  that  purpose  in  the  same  manner 
as  other  ballots. 


For  adoption  of  the  Act  to  authorize  county  authorities 
to  establish  and  maintain  a  detention  home  for  de- 
pendent, delinquent  or  truant  children,  and  to  levy 
and  collect  a  tax  of  not  exceeding  two-thirds  of  one 
mill  on  the  dollar  valuation,  to  pay  the  cost  of  its 
establishment  and  maintenance. 


730  REVENUE. 


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

§  7.  The  electors  of  any  county  which  shall  have  adopted  this 
Act  as  provided  by  section  6  thereof,  may  abandon  and  repeal  this  Act 
in  the  following  manner:  Whenever  the  legal  voters  of  such  county 
to  the  number  of  twenty-five  per  cent  of  the  votes  cast  at  the  last  general 
election  in  such  county  shall  petition  the  county  judge  not  less  than  30 
days  before  any  general  election  to  submit  the  proposition  whether  or 
not  the  electors  of  such  county  shall  abandon  this  Act,  it  shall  be  the 
duty  of  the  county  judge  to  submit  such  proposition  at  the  next  general 
election.  The  proposition  so  to  be  voted  for  shall  be  on  a  separate  ballot 
in  plain  prominent  type,  and  be  prepared  and  provided  for  that  purpose 
in  the  same  manner  as  other  ballots. 


To  abandon  an  Act  to  authorize  county  authorities  to 
establish  and  maintain  a  detention  home  for  depend- 
ent, delinquent  or  truant  children ;  and  to  discontinue 
the  levy  and  collection  of  a  tax  of  not  exceeding  two- 
thirds  of  one  mill  on  the  dollar  valuation  to  pay  the 
cost  of  establishment  and  maintenance. 


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

Approved  June  30,  1919. 


CITIES    AND    VILLAGES. 

§   1.     Amends  section  1,  Act  of  1881.  §   1.     Tax  rate  limited  to  forty 

cents. 

(Senate  Bill  No.    541.     Approved  June  30,   1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  in  relation  to 
the  rate  of  taxation  in  cities,  villages  and  incorporated  towns''  ap- 
proved and  in  force  May  30,  1881,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled, 
"An  Act  in  relation  to  the  rate  of  taxation  in  cities,  villages  and  incor- 
porated towns,"  approved  and  in  force  May  30,  1881,  as  subsequently 
amended,  be  and  the  same  is  hereby  further  amended  to  read  as  follows: 
§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  all  cities,  villages  and  incorpo- 
rated towns  in  this  State  now  having,  by  their  respective  charters,  the 


EEVENUE.  731 


power  to  levy  and  collect  as  high  a  rate  of  taxation  as  is  herein  authorized 
and  provided  for,  shall  hereafter  have  power  to  assess,  levy  and  collect, 
annually,  upon  the  taxable  property  within  their  respective  limits,  for  all 
corporate  purposes,  in  addition  to  all  taxes  which  any  such  city,  town  or 
village  may  now  or  hereafter  be  authorized  by  law  to  levy  and  collect 
to  support  and  maintain  schools,  erect  school  buildings  and  for  all 
other  school  purposes,  and  to  pay  interest  on  its  registered  bonded  in- 
debtedness, such  an  amount  as  their  respective  corporate  authorities  may 
prescribe,  not  exceeding  in  any  year  the  rate  of  forty  (40)  cents  on 
each  one  hundred  (100)  dollars  of  the  assessed  valuation  of  such  tax- 
able property  as  equalized  by  the  State  Board  of  Equalization  for  the 
preceding  year.  And  the  said  rate  authorized  by  tnis  Act  shall  be  in 
lieu  of  all  rates  and  items  of  taxation  now  provided  and  authorized 
in  such  charters,  for  all  purposes  other  than  schools,  the  erection  of 
school  buildings  and  all  other. school  purposes,  and  for  paying  interest 
on  the  registered  bonded  indebtedness  of  such  city,  town  or  village. 
Approved  June  30,  1919. 


CITIES   AND   VILLAGES. 

§   1.     Amends  section   1,   Act  of   1911.  §    2.     Amends   title   of  Act. 

§  1.  Rate  of  tax  for  street  and 
bridge  purposes  limited 
to  twenty-four  cents  — 
proviso,  additional  tax 
limited  to  sixteen  and 
two-thirds  cents  —  not 
included  in  limitation 
of  two  per  cent. 

(Senate  Bill  No.    547.     Approved  June   30,   1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  authorize  cities  and  vil- 
lages, which  include  wholly  ivithin  their  corporate  limits,  a  town  or 
towns,  to  levy  for  street  purposes  a  tax  in  addition  to  the  tax  of  one 
and  2/10  (1-2/10)  per  centum  upon  the  aggregate  valuation  of  all 
property  within  such  city,  village  or  incorporated  town,  as  now  pre- 
scribed by  law,"  approved  May  29,  1911,  in  force  July  1,  1911,  and 
to  amend  the  title  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  en- 
titled, "An  Act  to  authorize  cities  and  villages,  which  include  wholly 
within  their  corporate  limits,  a  town  or  towns,  to  levy  for  street  purposes 
a  tax  in  addition  to  the  tax  of  one  and  2/10  (1-2/10)  per  centum  upon 
the  aggregate  valuation  of  all  property  within  such  city,  village  or  incor- 
porated town,  as  now  prescribed  by  law,"  approved  May  29,  1911,  in 
force  July  1,  1911,  be  and  and  the  same  is  hereby  amended  to  read  as 
follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  That  the  city  council  of  each  city  and 
board  of  trustees  of  each  village  or  incorporated  town,  whether  organized 
under  the  general  law  or  special  charter,  which  include  wholly  within 
their  corporate  limits  a  town  or  towns,  shall  have  power  and  may 
annully  levy  a  tax  for  street  and  bridge  purposes  of  not  to  exceed  twenty- 


732  REVENUE. 


four  (24)  cents  on  each  one  hundred  dollars  on  all  the  taxable  property 
in  any  township,  lying  wholly  within  the  limits  of  such  city,  village  or 
incorporated  town :  Provided,  that  if  in  the  opinion  of  three-fourths 
of  the  members  elected  to  the  city  council  or  board  of  trustees  of  such 
city,  village  or  incorporated  town,  a  greater  levy  for  bridge  and  street 
purposes  is  needed  in  view  of  some  contingency,  an  additional  levy  may 
be  made  of  any  sum  not  exceeding  sixteen  and  two-thirds  (16-2/3)  cents 
on  the  one  hundred  dollars  of  such  taxable  property.  Said  street  and 
bridge  tax  authorized  by  this  Act  shall  be  in  addition  to  any  tax  any 
such  city,  village  or  incorporated  town  is  now  authorized  to  levy  for 
street  or  bridge  purposes  and  shall  be  in  addition  to  the  tax  that  such 
city,  village  or  incorporated  town  is  now  authorized  to  levy  upon  the 
aggregate  valuation  of  all  property  within  such  city,  village  or  incor- 
porated town,  and  the  county  clerk,  in  reducing  tax  levies  under  the 
provisions  of  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  subsequently  amended,  shall  consider  said  street  and  bridge  tax,  author- 
ized by  this  Act  as  a  road  and  bridge  tax,  and  not  to  be  included  in  the 
limitation  of  two  (2.)  per  cent  of  the  assessed  valuation  upon  which 
taxes  are  required  to  be  extended. 

§  2.  .That  the  title  of  said  Act  be  and  the  same  is  hereby  amended 
to  read  as  follows : 

"An  Act  to  authorize  cities  and  villages,  which  include  wholly 
within  their  corporate  limits,  a  town  or  towns,  to  levy  for  street  pur- 
poses a  tax  in  addition  to  the  tax  that  any  such  city,  village,  or  incor- 
porated town  is  now  authorized  to  levy." 

Approved  June  30,  1919. 


CITIES    AND    VILLAGES. 

§    1.     Amends  section   1   of  Article  VIII,  §   1.     Levy    and    collection    of 

Act  of   1872.  taxes — manner   of. 

("Senate   Bill,   No.    560.     Approved   June    30,    1919.) 

An  Act  to  amend  section  1  of  Article  VIII  of  an  Act  entitled,  "An 
Act  to  provide  for  the  incorporation  of  cities  and  villages,"  approved 
April  10,  1812,  in  force  July  1,  1812,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  Article  VIII 
of  an  Act  entitled,  "An  Act  to  provide  for  the  incorporation  of  cities 
and  villages,"  approved  April  10,  1872,  in  force  July  1,  IS 72,  as  subse- 
quently amended,  be  and  the  same  is  hereby  further  amended  to  read  as 
follows : 

§  1.  The  city  council  in  cities  and  boards  of  trustees  in  villages 
may  levy  and  collect  taxes  for  corporate  purposes  in  the  manner  fol- 
lowing : 

The  city  council  or  board  of  trustees,  as  the  case  may  be,  shall, 
annually,  on  or  before  the  third  (3d)  Tuesday  in  September  in  each 
year,  ascertain  the  total  amount  of  appropriations  for  all  corporate 
purposes  legally  made  and  to  be  collected  from  the  tax  levy  of  that 
fiscal  year;  and.  by  an  ordinance  specifying  in  detail  the  purposes  for 


REVENUE.  733 


which  such  appropriations  are  made  and  the  sum  or  amount  appropri- 
ated for  each  purpose  respectively,  shall  levy  the  amount  so  ascertained 
upon  all  the  property  subject  to  taxation  within  the  city  or  village  as 
the  same  is  assessed  and  equalized  for  State  and  county  purposes  for 
the  current  year.  A  certified  copy  of  such  ordinance  shall  be  filed  with 
the  county  clerk  of  the  proper  county,  whose  duty  it  shall  be  to  ascertain 
the  rate  per  cent  which,  upon  the  total  valuation  of  all  property  subject 
to  taxation  within  the  city  or  village  as  the  same  is  assessed  and  equal- 
ized for  State  and  county  purposes,  will  produce  a  net  amount  of  not 
less  than  the  amount  so  directed  to  be  levied,  and  it  shall  be  the  duty 
of  the  county  clerk  to  extend  such  tax  in  a  separate  column  upon  the 
book  or  books  of  the  collector  or  collectors  of  State  and  county  taxes 
within  such  city  or  village.  And  where  the  corporate  limits  of  any 
city  or  village  shall  lie  partly  in  two  or  more  counties,  the  city  council 
or  board  of  trustees  shall  ascertain  the  total  amount  of  all  taxable 
property  lying  within  the  corporate  limits  of  said  city  or  village  in  each 
county  as  the  same  is  assessed  and  equalized  for  State  and  county  pur- 
poses for  the  current  year,  and  certify  the  amount  of  taxable  property 
in  each  county  within  said  city  or  village,  under  the  seal  of  said  city 
or  village,  to  the  county  clerk  of  the  county  where  the  seat  oi  govern- 
ment of  such  city  or  village  is  situated,  whose  duty  it  shall  be  to  ascer- 
tain the  rate  per  cent  which,  upon  the  total  valuation  of  all  property 
subject  to  taxation  within  the  city  or  village,  ascertained  as  aforesaid, 
will  produce  a  net  amount  not  less  than  the  amount  so  directed  to  be 
levied;  and  said  clerk  shall,  as- soon  as  said  rate  per  cent  of  taxation  is 
ascertained,  certify  under  his  hand  and  seal  of  office  to  the  county  clerk 
of  any  other  county  wherein  a  portion  of  said  city  or  village  is  situate, 
such  rate  per  cent,  and  it  shall  be  the  duty  of  such  county  clerk  to  whom 
such  rate  per  cent  is  certified  to  extend  such  tax  in  a  separate  column 
upon  the  book  or  books  of  the  collector  or  collectors  of  the  State  and 
county  taxes  for  such  county  against  all  property  in  his  county  within 
the  limits  of  said  city  or  village ;  Provided,  the  aggregate  amount  of 
taxes  so  levied  for  any  one  year,  exclusive  of  the  amount  levied  for  the 
payment  of  bonded  indebtedness  or  interest  thereon,,  and  exclusive  of 
taxes  levied  for  the  purposes  of  pension  funds,  public  library  and 
municipal  tuberculosis  sanitarium,  shall  not  exceed  the  rate  of  one  and 
forty-three  .and  one-third  one  hunderdths  (1.43%)  per  centum  from 
the  taking  effect  of  this  Act  to  and  including  the  year  1921  and  there- 
after not  to  exceed  eight-tenths  of  one  per  centum  (.8%)  in  cities  and 
villages  of  150,000  or  more  population  according  to  the  last  national 
or  State  census,  and  the  aggregate  amount  of  taxes  so  levied  for  any  one 
year,  exclusive  of  the  amount  levied  for  the  payment  of  bonded  indebted- 
ness or  interest  thereon  and  exclusive  of  taxes  authorized  by  law  for 
specific  purposes  shall  not  exceed  the  rate  of  one  and  one-third  (1  1/3) 
per  centum  from  the  taking  effect  of  this  Act  to  and  including  the  year 
1921  and  thereafter  eight-tenths  of  one  per  centum  (.8%)  in  cities  and 
villages  of  less  than  150,000  population  according  to  the  last  national 
or  State  census,  upon  the  aggregate  valuation  of  all  property  within  such 
city  or  village  subject  to  taxation  therein,  as  the  same  was  equalized 
for  State  and  county  taxes  for  the  current  year :     And,  provided,  further, 


?34  REVENUE. 


that  nothing  herein  contained  shall  be  held  to  repeal  or  modify  the 
limitations  contained  in  an  Act  entitled,  "An  Act  concerning  the  levy 
and  extension  of  taxes,"  approved  May  9,  1901,  in  force  July  1,  1901, 
as  subsequently  amended.  The  city  council,  board  of  trustees,  or  mayor 
and  commissioners,  as  the  case  may  be,  of  any  city  or  village  having  a 
population  of  less  than  20,000  shall  have  the  power,  for  the  purpose 
of  oiling  the  streets  or  public  highways  within  the  corporate  limits  of 
such  city  or  village,  to  direct  the  payment  of  the  costs  thereof  out  of 
any  moneys  in  the  city  or  village  treasury  not  otherwise  appropriated. 
Approved  June  30,  1919. 


COMMUNITY   BUILDINGS. 

§   1.     Tax    levy — rate.  §   7.     Memorials  may  be  placed  therein. 

§   2.     Petition — submission  to  voters.  §    8.     Free   use — may   lease   temporarily 

— rentals  to   be   used   for   main- 
§   3.     Tax  levy.  tenance. 

§   4.     Board  of  managers — election.  §    9.     Annual    report   to    board    of   audi- 

tors. 
§    5.     To  lease  or  erect  building. 

§   6.     Bonds    to    be    voted    for — notice — 
ballots. 

(Senate   Bill   No.    565.     Approved   June    30,    1919.) 

An  Act  to  authorize  towns  having  a  population  of  fewer  than  5,000 
inhabitants  to  establish,  erect  and  maintain  community  buildings. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  provisions  of  this 
Act,  any  town  may  levy  an  annual  tax  of  not  to  exceed  two  mills  on 
each  dollar  of  the  assessed  valuation  of  taxable  property  therein,  for 
the  purpose  of  erecting  and  maintaining  community  buildings.  Such 
tax  shall  be  levied  and  collected  in  the  same  manner  as  other  general 
taxes. 

§  2.  Upon  the  filing  with  the  town  clerk  of  any  town  a  petition 
containing  the  names  of  not  less  than  fifty  legal  voters  of  such  town 
praying  that  the  tax  herein  authorized  be  levied,  the  question  of  levying 
such  tax  shall  be  submitted  to  the  voters  of  such  town  at  a  special  elec- 
tion to  be  called  for  that  purpose,  not  less  than  thirty,  nor  more  than 
sixty  days  after  the  filing  of  such  petition :  Provided,  that  the  question 
of  levying  such  tax  shall  be  submitted  at  a  regular  town  election  if  such 
election  is  to  be  held  not  less  than  twnety,  [twenty]  nor  more  than 
ninety  clays  after  the  filing  of  the  petition,  and,  provided,  further,  that 
such  question  shall  not  be  submitted  in  any  town  in  which  there  is  a 
population  of  over  five  thousand  inhabitants  according  to  the  latest 
Federal  census. 

§  3.  If  a  majority  of  those  voting  on  the  question  of  levying  a 
tax  for  the  establishment,  erection  and  maintenance  of  a  community 
building  shall  vote  in  favor  thereof,  an  annual  tax  of  not  to  exceed  two 
mills  on  each  dollar  of  the  assessed  valuation  of  the  taxable  property 
shall  be  levied  and  collected  i or  that  purpose. 

§  4.  The  establishment  or  erection  of  a  community  building  and 
the  maintenance  thereof  shall  be  under  the  supervision  of  a  board  of 


REVENUE.  7.35 


managers.  The  board  of  managers  shall  consist  of  three  persons,  resi- 
dents of  the  town,  who  shall  be  elected  at  the  regular  town  election  for 
a  term  of  three  years.  The  board  of  managers  shall  serve  without  com- 
pensation. The  first  board  of  managers  shall  be  elected  at  a  special 
election  called  for  that  purpose  after  the  ratification  of  the  question 
of  levying  the  tax  hereby  authorized,  one  for  one  year,  one  for  two  years, 
and  one  for  three  years,  to  be  determined  by  lot.  Thereafter,  one  person 
shall  be  annually  elected  to  the  board  of  managers  at  the  regular  town 
election,  for  a  term  of  three  years. 

§  5.  The  board  of  managers  shall  have  power  to  lease  a  building, 
or  buildings,  for  the  establishment  of  a  community  building,  or  to  select 
a  site  and  cause  the  erection  of  a  building  for  that  purpose,  and  may 
exercise  any  and  all  other  powers  necessarily  incidental  in  order  to 
carry  out  the  provisions  of  this  Act.  The  town  treasurer  shall  pay  out 
moneys  derived  from  the  tax  hereby  authorized  only  on  the  order  of  a 
majority  of  the  board  of  managers. 

§  6.  If  the  board  of  managers  shall  deem  it  necessary  to  issue 
bonds  for  the  purpose  of  obtaining  sufficient  funds  to  establish  a  com- 
munity building,  it  shall  cause  the  question  of  issuing  such  bonds  to  be 
submitted  to  a  vote  of  the  people  of  the  town,  at  an  election  to  be  called 
for  that  purpose.  Notices  of  such  election  shall  be  posted  in  at  least  five 
of  the  most  public  places  in  such  town,  for  at  least  ten  days  prior  to 
the  date  fixed  for  holding  such  election.  Such  notices  shall  state  the 
amount  of  bonds  proposed  to  be  issued,  the  date  of  maturity  and  the 
rate  of  interest  to  be  paid  thereon. 

The  ballots  for  use  in  such  election  shall  be  in  substantially  the 
following  form : 


For  bond  issue  of dollars 

payable*  in years  with  interest  at  the  rate  of 

per  cent  per  annum  for  community  building 

purposes. 


Against  bond  issue  of dollars 

payable  in years  with  interest  at  the  rate  of 

per  cent  per  annum  for  community  building 

purposes. 


Such  bonds  shall  mature  on  or  before  twenty  years  from  the  date 
thereof  and  shall  bear  interest  at  a  rate  not  to  exceed  five  per  cent  per 
annum,  payable  annually  or  semi-annually  as  the  board  of  managers 
may  determine.  If  the  interest  is  to  be  paid  semi-annually,  that  fact 
shall  be  stated  in  the  notices  of  election  and  on  the  ballots.  Such  bonds 
shall  be  sold  at  not  less  than  par.  From  the  proceeds  of  the  annual  tax 
levy  authorized  by  this  Act,  the  board  of  managers  shall  provide  a 
sinking  fund  for  the  retirement  of  such  bonds,  and  such  bonds  shall  be 
payable  only  out  of  such  proceeds. 


'36  REVENUE. 


§  7.  The  community  building  of  any  town  may  be  dedicated  to 
the  soldiers  and  sailors  of  such  town  and  bronze  tablets  or  other 
memorials  in  honor  of  such  soldiers  and  sailors  may  be  placed  therein 
by  the  board  of  managers. 

§  8.  Subject  to  the  reasonable  rules  and  regulations  of  the  board 
of  managers,  the  community  building  shall  be  for  the  free  use  and 
benefit  of  the  inhabitants  of  such  town  for  lectures,  concerts,  free 
amusements  and  entertainments,  and  all  other  general  educational 
purposes.  The  annual  town  meetings  and  other  public  assesmblie 
[assemblies]  may  be  held  therein.  The  board  of  managers  shall  have 
power  to  lease,  temporarily,  the  community  building  when  not  in  use 
for  public  purposes,  for  any  reasonable  and  legitimate  private  use  on 
such  terms  as  may  be  deemed  reasonable  and  proper.  Private  lesees 
[lessees]  of  a  community  building  may  charge  admission  fees.  All  money 
received  from  temporary  rentals  shall  be  turned  over  to  the  town 
treasurer  and  shall  be  used  only  for  the  maintenance  of  the  community 
building  may  charge  admission  fees.  All  money  received  from  tem- 
porary rentals  shall  be  turned  over  to  the  town  treasurer  and  shall  be 
used  only  for  the  maintenance  of  the  community  building. 

§  9.  The  board  of  managers  shall  make  a  full  and  complete  annual 
report  of  all  its  actions  to  the  town  board  of  auditors. 

Approved  June  30,  1919. 


COUNTY  LIBRARY   SYSTEM. 

§      1.     Duty  of  board  of  county  commis-        §  7.     Annual   tax  to  be  assessed, 
sioners  or  supervisors. 

§  8.     Proceeds  of  tax  in  separate  fund 
§     2.     Contract    to    establish  —  approval  — how  expended. 


by  Library  Extension  Commis- 
sion. 

3.     County  library  board. 


§      9.     Fiscal    year    co-extensive    with 
that   of   county. 

§    10.     Report  of  board — copy  to  be  filed 
§      4.     Expenses  of  members.    ■  with    Library    Extension    Colli- 

sion —  what    report    shall    con- 
§     5.     Officers  of  board.  tain. 

§      6.     Powers    and    duties    of    board  —        §   11.     To   be   submitted  to   voters    after 
librarian    to    be    approved     by  filing     of     petition  —  form     of 

Library  Extension  Commission.  notice   for   election  —   form  ot 

ballots. 

(House   Bill   No.    277.     Approved   June   28,    1919.) 

An  Act  to  provide  for  public  county  library  systems. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  provisions  of 
section  11  of  this  Act,  it  shall  be  the' duty  of  the  board  of  county  com- 
missioners or  the  board  of  supervisors,  as  the  case  may  be,  of  any 
county  in  this  State,  to  establish,  equip  and  maintain  a  public  county 
library  system. 

§  2.'  In  performing  this  duty,  the  board  of  county  commission- 
ers, or  the  board  of  supervisors  may,  if  it  is  deemed  advisable,  con- 
tract in  writing,  with  an  existing  library  in  the  county,  to  establish, 
equip  and  maintain  a  public  county  library  system.  The  contract  here- 
by authorized  shall  contain  provisions  requiring  the  contracting  library 
to  (a)  establish,  equip  and  maintain  a  county  library ;  (b)  to  establish, 


REVENUE.  737 


equip  and  maintain  such  branches  and  stations  of  the  county  library 
in  the  various  parts  of  the  county  as  may  be  deemed  necessary  by  the 
board  of  county  commissioners  or  board  of  supervisors.,  as  the  case 
may  be;  (c)  to  acquire  and  circulate  books,  periodicals,  pamphlets, 
musical  scores  and  records,  pictures,  stereoptican  [stereopticon]  slides, 
motion  picture  films  and  other  educational  material,  and  (d)  to  do  ail 
other  things  necessary  to  carry  on  an  efficient  public  county  librar}r 
system. 

The  making,  and  performance  of  any  such  contract  shall  be  under 
the  supervision-  of  the  board  of  county  commissioners  or  the  board 
of  supervisors,  as  the  case  may  be. 

No  such  contract  shall  be  made  unless  the  contracting  library 
shall  be  approved  by  the  Illinois  Library  Extension  Commission. 

§  3.  The  public  countv  library  system,  except  in  counties  where 
such  a  system  is  maintained  by  contract  with  an  existing  library,  shall 
be  under  the  direct  supervision  and  control  of  a  county  library  board. 
This  board  shall  consist  of  five  members,  who  shall  be  appointed  by 
the  board  of  county  commissioners,  or  the  board  of  supervisors,  as  the 
case  may  be.  Of  the  first  members  to  be  appointed,  one  member  shall 
be  appointed  for  a  term  of  one  year,  one  for  a  term  of  two  years, 
one  for  a  term  of  three  years,  one  for  a  term  of  four  years,  and  an- 
other for  a  term  of  five  years.  Thereafter,  upon  the  expiration  of  each 
of  these  terms,  the  members  of  the  county  library  board  shall  be  ap- 
pointed for  terms  of  five  years  each.  A  vacancy  upon  the  county  li- 
brary board  shall  be  filled  for  the  unexpired  portion  of  the  term  in 
like  manner.  In  counties  where  the  public  county  library  system  is 
maintained  by  contract  with  an  existing  library,  the  making  and  per- 
formance of  that  contract  shall  be  under  the  supervision  of  the  board  of 
county  commissioners  or  the  board  of  supervisors,  as  the  case  may  be. 

§  4.  The  members  of  the  county  library  board  shall  serve  with- 
out compensation  but  their  actual  and  necessary  expenses  shall  be  a 
proper  and  legitimate  charge  against  the  library  fund. 

§  5.  Immediately  after  their  appointment  the  members  of  the 
county  library  board  shall  elect  a  president  and  a  secretary-treasurer 
from  among  their  number. 

§  6.  The  county  library  board  shall  have  power  and  it  shall  be 
its  duty  (a),  to  establish,  equip  and  maintain  a  countv  library;  (b), 
to  establish,  equip  and  maintain  branches  and  stations  of  the  countv 
library  in  the  various  parts  of  the  countv;  (c).  to  acquire  and  circu- 
late books,  periodicals,  pamphlets,  musical  scores  and  records,  pictures, 
stereoptican  slides,  motion  picture  films,  and  other  educational  material ; 
(d),  to  receive  and  administer  devises,  bequests  and  gifts  of  real  and 
personal  property:  (e),  to  appoint  a  county  librarian  and  necessary  as- 
sistants and  employes,  and  to  fix  their  compensation;  (f),  to  make, 
alter  and  amend,  from  time  to  time,  reasonable  by-laws,  rules  and  regu- 
lations for  the  operation  of  the  public  county  library  system;  and  (z). 
to  do  all  other  things  necessary  to  carry  on  an  efficient  public  county 
library  system. 

The  county  librarian,  however,  shall  be  appointed  only  upon  the 
approval  of  the  Illinois  Library  Extension  Commission. 

—47  L 


738  REVENUE. 


In  establishing,  equipping  and  maintaining  branches  or  stations 
of  the  county  library,  the  county  library  board  may,  if  it  is  deemed  ad- 
visable, contract,  in  writing,  with  existing  libraries  to  serve  as  such 
branches  or  stations. 

Whenever  a  county  library  board' which  has  been  duly  appointed 
may  desire  to  erect  a  library  building,  or  to  purchase  a  building  or  a 
site,  or  both,  for  a  library,  or  to  acumulate  a  fund  for  either  or  both 
of  these  purposes,  it  shall  proceed  in  the  manner  provided  for  the 
carrying  out  of  similar  purposes  in  an  Act  entitled,  "An  Act  to  author- 
ize cities,  incorporated  towns  and  townships  to  establish  and  maintain 
free  public  libraries  and  reading  rooms",  approved  and  in  force  March 
7,   1872,  as  amended. 

§  7.  An  annual  tax  of  not  to  exceed  one  and  one-third  mills  on 
the  dollar  of  the  assessed  value  of  all  taxable  property  within  each  coun- 
ty which  has  established  a  public  county  library  system  shall  be  assess- 
ed, levied  and  collected  by  that  county  in  the  manner  provided  for  the 
assessment,  levy  and  collection  of  other  taxes  for  county  purposes. 

§  8.  The  proceeds  of  this  tax  shall  be  deposited  in  the  treasury 
of  the  county  in  a  separate  library  fund.  ISTo  part  of  this  fund  shall 
be  expended  except  upon  warrants  certified  to  as  correct  by  the  county 
librarian  and  approved  by  the  president  of  the  county  library  board. 
In  cases  where  the  public  county  library  system  is  maintained  by  con- 
tract with  an  existing  library,  no  part  of  the  library  fund  shall  be  ex- 
pended except  upon  warrants  certified  to  as  corrpct  by  the  executive 
officer  of  that  library  and  approved  by  the  president  of  the  board  of 
trustees  of  that  library. 

§  9.  The  fiscal  year  of  any  public  county  library  system  shall  be 
co-extensive  with  the  fiscal  year  of  that  county. 

§  10.  Within  thirty  days  after  the  close  of  each  fiscal  year  the 
county  library  board  shall  make  a  report  to  the  board  of  county  com- 
missioners, or  the  board  of  supervisors,  as  the  case  may  be.  In  cases 
where  a  public  county  library  system  is  maintained  by  contract  with 
an  existing  library,  this  report  shall  be  made  at  the  same  time  by  the 
executive  officer  of  that  library.  A  copy  of  each  report  shall  be  filed 
at  the  same  time  with  the  Illinois  Library  Extension  Commission. 

This  report  shall  be  made  in  writing  and  verified  under  oath  by 
the  secretary  or  some  other  responsible  officer  of  the  county  library 
board,  or,  in  cases  where  a  public  county  library  system  is  maintained 
by  contract  with  an  existing  library,  by  the  executive  officer  of  that 
library.  It  shall  contain  (a),  an  itemized  statement  of  the  various 
sums  of  money  received  from  the  library  fund,  or  from  other  sources; 
(b),  an  itemized  statement  of  the  objects  and  purposes  to  which  those 
sums  of  money  have  been  devoted;  (c),  a  statement  of  the  number  of 
books  and  periodicals  available  for  use,  and  the  number  thereof  circu- 
lated during  the  fiscal  year;  (d),  a  statement  of  the  real  and  personal 
property  acquired  by  devise,  bequest,  purchase,  gift  or  otherwise,  dur- 
ing the  fiscal  year;  (e).  a  statement  of  the  number,  location  and  char- 
acter of  the  branches  or  stations  of  the  public  county  library  system,  if 
any,  established  during  the  fiscal  year;  (f),  a  statement  of  the  character 
of  any  other  extensions  of  public  oountv  library  service  undertaker!  dur- 


REVENUE.  73S 


ing  the  fiscal  year;  and  (p^,  any  other  statistics  or  information  and 
any  suggestion  that  may  be  required  by  the  board  of  county  commis- 
sioners, or  board  of  supervisors,  as  the  case  may  be. 

§  11.  None  of  the  foregoing  powers  or  duties  shall  be  exercised, 
however,  unless  the  question  of  establishing  a  public  county  library  sys- 
tem shall  have  been  submitted  to  the  voters  of  the  county,  at  a  special' 
election  called  for  the  purpose,  or  at  a  regular  general  election,  and 
unless  a  majority  of  the  votes  cast  at  such  election  shall  be  in  favor 
of  the  establishment  of  a  public  county  librarv  system. 

This  question  shall  not  be  submitted  to  the  voters,  however,  unless 
there  shall  have  been  filed,  at  least  sixty  days  prior  to  the  date  of  either 
the  special  or  general  election,  a  petition  therefor,  signed  by  not  less 
than  one  hundred  legal  voters  of  the  county. 

At  least  thirty  days  previous  to  either  the  special  or  general  election, 
the  county  clerk  shall  make  out  and  deliver  to  the  sheriff  of  his  county, 
in  counties  not  under  township  organization,  or  to  the  several  super- 
visors of  his  county,  in  counties  under  township  organization,  three 
notices  of  the  election  for  each  precinct  or  district  in  the  county.  This 
notice  shall  be  substantially  as  follows: 

Notice  is  hereby  given  that  on ,  at , 

in  the  county  of ,  an  election  will  be  held  for  the  purpose 

of  voting  upon  the  establishment  of  a  public  county  library  system  in 

this  county,  which   election  shall   be  opened   at o'clock   in   the 

morning  and  continued  until o'clock  in  the  afternoon  of  that 

day. 

Dated  at ,  this day  of. ,  A.  D.. 

19 

County  Clerk. 

The  sheriff  or  supervisor  to  whom  the  notices  are  delivered  shall 
post  up  in  three  of  the  most  public  places  in  each  precinct  or  district 
the  three  notices  of  election,  at  least  twenty-five  days  before  the  date 
of  either  the  special  or  general  election. 

The  question  of  establishing  a  public  countv  librarv  system  shall 
be  printed  upon  separate  ballots,  each  of  which  shall  be  in  substantially 
the    following   form : 


□ 
□ 


FOE  the  establishment  of  a  public  countv  librarv  system. 

AGAINST   the  establishment   of   a   public  county   library   sys- 
tem. 


Approved  June  28,  1919. 


740 


REVENUE. 


COUNTIES. 


§    1. 


7.  Vacate     town 

plat    on    pe- 
tition. 

8.  Change    name 

of  town  plat 
on    petition. 

9.  Provide 

tuberculosis 
sanitarium. 

10.  Map,  etc.,  of 
any  land 
d  e  d  i  cated 
for  h  i  g  h- 
ways  to  be 
appro  ved 
before  r  e- 
corded. 

§  27.  Taxes  in  addition  to 
fifty  cents  rate — sub- 
mitted to  electors  — 
power  to  levy — sep- 
arate fund — provisos. 


Amends    sections    25    and    27,    Act 
of   1874. 

§   25.     Powers      of     county 
board. 

1.  Care,    etc.,    of 

property. 

2.  Manage  funds 

and  busi- 
ness. 

3.  Examine    and 

s  e  1 1  le  ac- 
counts. 

4.  Provide     a 

workhouse. 

5.  Provide     for 

a  n  insane 
asylum. 

6.  Levy  tax  not 

t  o  exceed 
fifty  cents 
for  county 
p  u  r  p  o  s  es 
and  addi- 
tional tax 
not  exceed- 
i  n  g  sixty- 
s  i  x  and 
two  -  thirds 
cents  for 
i  n  d  e  bted- 
ness. 

(Senate  Bill,  No.  551.     Approved  June  30,  1919.) 

An  Act  to  amend  sections  25  and  21  of  an  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  counties/'  approved  and  in  force  March 
31,  187.1f,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  25  and  27  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  counties,"  approved 
and  in  force  March  31,  1874,  as  subseqeuntly  amended,  be  and  the  same 
are  hereby  further  amended  to  read,  respectively,  as  follows: 

§  25.     The  county  boards  of  the  several  counties  shall  have  power — 

First — To  take  and  have  the  care  and  custody  of  all  the  real  and 
personal  estate  owned  by  the  county. 

Second — To  manage  the  county  funds  and  county  business,  except 
as  otherwise  specifically  provided. 

Third — To  examine  and  settle  all  accounts  against  the  county,  and 
all  accounts  concerning  the  receipts  and  expenditures  of  the.  county. 

Fourth — To  cause  to  be  erected,  or  otherwise  provided,  a  suitable 
workhouse,  in  which  persons  convicted  of  offenses  punishable  by  im- 
prisonment in  the  county  jail  may  be  confined  and  employed,  and  to 
make  rules  and  regulations  for  the  management  thereof.  They  may  con- 
tract for  the  use  of  the  city  workhouse  when  the  same  can  satisfactorily 
be  done. 

Fifth — To  cause  to  be  erected,  or  otherwise  provided,  suitable 
buildings  for,  and  maintain,  a  count}'  insane  asylum,  and  provide  for  the 
management  of  the  same. 


REVENUE.  741 


Sixth — To  cause  to  be  annually  levied  and  collected,  taxes  for  county 
purposes,  including  all  purposes  for  which  money  may  be  raised  by  the 
county  by  taxation,  not  exceeding  50  cents  on  the  one  hundred  dollars' 
valuation,  and  in  addition  thereto  an  annual  tax  not  exceeding  sixty-six 
and  two-thirds  cents  on  the  one  hundred  dollars  for  the  purposes  of 
paying  the  interest  and  principal  of  indebtedness  which  existed  at  the 
time  of  the  adoption  of  the  constitution. 

Seventh — To  authorize  the  valuation  of  any  town  plat  when  the 
same  is  not  within  any  incorporated  town,  village  or  city,  on  the  petition 
of  two-thirds  of  the  owners  thereof. 

Eighth — To  change  the  name  of  any  town  plat  on  the  petition  of 
a  majority  of  the  legal  voters  residing  therein  when  the  inhabitants 
thereof  have  not  become  a  body  corporate. 

Ninth — To  cause  to  be  erected,  or  otherwise  provided  and  main- 
tained, all  suitable  buildings  for  a  sanitarium  for  the  care  and  treatment 
of  all  persons  suffering  from  tuberculosis  who  may  be  admitted  to  said 
sanitarium  by,  or  under  the  direction  of  said  board,  and  to  provide  for 
the  maintenance  and  management  of  the  same. 

Tenth — To  provide,  by  resolution,  that  anj'  map,  plat  or  subdivsion 
of  any  block,  lot  or  sub-lot  or  any  part  thereof  or  any  piece  or  parcel 
of  land,  not  being  within  any  city,  village  or  incorporated  town,  in 
which  any  dedication  of  land  for  highways,  streets  or  alleys  shall  be 
made,  shall  be  submitted  to  the  county  board  or  to  some  officer  to  be 
designated  by  such  county  board  for  their  or  his  approval;  and  in  such 
cases  no  such  map,  plat  or  subdivision  shall  be  entitled  to  record  in  the 
proper  county  or  have  any  validity  until  it  shall  have  been  so  approved. 

§  27.  Whenever  the  county  board  shall  deem  it  necessary  to  assess 
taxes  the  aggregate  of  which  shall  exceed  the  rate  of  fifty  cents  per  one 
hundred  dollars  valuation  of  the  property  of  the  county,  except  when 
such  excess  is  to  be  used  for  the  payment  of  indebtedness  existing  at  the 
adoption  of  the  Constitution,  the  county  board  may,  by  an  order  entered 
of  record,  set  forth  substantially  the  amount  of  such  excess  required, 
the  purpose  for.  which  the  same  will  be  required,  and  the  number  of 
years  such  excess  will  be  required  to  be  levied,  and  if  for  the  payment 
of  interest  or  principal  or  both  upon  bonds  shall,  in  a  general  way 
designate  the  bonds  and  specify  the  number  of  years  such  excess  will  be 
required  to  be  levied,  and  provide  for  the  submission  of  the  question  of 
assessing  the  additional  rate  required  to  a  vote  of  the  people  of  the 
county  at  the  next  election  for  county  officers  or  at  any  judicial  election 
held  in  such  county  after  the  adoption  of  the  resolution. 

Provided  if  such  additional  rate  required  is  for  the  purpose  of 
building  a  court  house  or  any  other  public  building  for  the  county,  a 
special  election  may  be  held  for  such  purpose,  and  it  shall  be  the  duty 
of  the  county  clerk  in  his  election  notice  to  give  notice  of  such  sub- 
mission. The  votes  therefor  shall  be  "For  additional  tax,"  and  those 
against  shall  be  "Against  additional  tax."  The  votes  shall  be  canvassed 
and  returned  the  same  as  those  for  county  officers,  and  if  a  majority  of 
the  votes  cast  upon  the  question  are  "For  additional  tax,"  then  the  county 
board  shall  have  the  power  to  cause  such  additional  tax  to  be  levied  and 
collected  in  accordance  with  the  terms  of  such  resolution,  and  the  money 


742  REVENUE. 


so  collected  shall  be  kept  as  a  separate  fund  and  disbursed  only  for  the 
purpose  for  which  the  same  was  raised. 

.  Provided,  any  surplus  that  may  remain  after  the  payment  of  all 
demands  against  said  fund,  may  be  used  for  other  purposes;  and  pro- 
vided, further,  that  if  the  county  board  so  decides,  the  question  of  voting 
bonds  and  additional  tax  for  the  payment  of  interest  or  principal,  or 
both,  may  be  submitted  at  any  election  for  township  officers,  or  at  a 
special  election,  called  for  such  purpose. 
Approved  June  30,  1919. 

FIREMEN'S  PENSION   FUND. 

S    1.     Amends  section  2,  Act  of  1917.  §   2.     City  council  may  levy  tax 

— rate. 

(Senate   Bill   No.    421.     Approved   June    30,    1919.) 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  provide  for 
a  firemen's  pension  fund  and  to  create  a  board  of  trustees  to  adminis- 
ter said  fund  in  cities  having  a  population  exceeding  two  hundred 
thousand  (200,000)  inhabitants,"  filed  with  the  Governor  June  11/, 
.  1917,  in  force  July  1,  1917. 

Section  1.  Be  it  -enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  2  of  an  Act  entitled, 
"An  Act  to  provide  for  a  firemen's  pension  fund  and  to  create  a  board 
of  trustees  to  administer  said  fund  in  cities  having  c  population  exceed- 
ing-two hundred  thousand  (200,000)  inhabitants,"  filed  with  the  Gov- 
ernor June  14,  1917,  in  force  July  1,  1917,  be  and  the  same  is  hereby 
amended  to  read  as  follows: 

§  2.  Said  pension  fund  shall  consist  of  the  following  items  which 
shall  be  set  apart  and  placed  to  the  credit  of  said  pension  fund: 

(a)  Two  and  one-half  per  centum  of  the  salary  or  wages  of  each 
fireman  to  be  retained  or  deducted  by  the  fiscal  officers  of  the  city  before 
any  part  of  said  salary  or  wages  shall  be  paid  to  said  firemen. 

(b)  Five  per  centum  of  an  amount  equal  to  the  monthly  salary 
or  wages  of  each  fireman,  attached  to  his  rank  at  the  time  of  this  re- 
tirement after  twenty  (20)  years'  service  under  the  provisions  of  this 
Act,  which  shall  be  paid  monthly  by  such  retired  fireman  to  the  treas- 
urer of  the  board  of  trustees  hereinafter  created  from  the  time  of  such 
retirement  and  until  he  shall  reach  the  age  of  fifty  (50)  years. 

(c)  All  fines  and  penalties  imposed  upon  firemen  for  breach  of 
any  rule  of  the  fire  department. 

(d)  All  rewards  in  moneys,  fees,  gifts  and  emoluments  that  may 
be  paid  or  given  for  or  on  account  of  extraordinary  services  by  the  fire 
department  or  any  member  thereof  (except  when  allowed  to  be  retained 
by    competitive    award.) 

(e)  All  taxes  collected  for  the  firemen's  pension  fund  pursuant 
to  the  levy  hereinafter  authorized. 

(f )  All  moneys  or  property  acquired  from  any  source  by  the  board 
of  trustees  hereinafter  created  under  the  powers  granted  to  said  board. 

The  city  council  of  such  city  may  levy  annually  a  tax,  for  the  purpose 
of  providing  revenue  for  the  pension  fund  hereby  created,  of  one-third  of  a 


REVENUE.  .  743 


mill  on  the  dollar  on  all  taxable  property  of  such  city.  Said  tax  shall 
be  in  addition  to  all  other  taxes  which  such  city  is  now  or  hereafter 
may  be  authorized  to  levy  upon  the  aggregate  valuation  oL'  all  property 
within  such  city,  and  shall  be  levied  and  collected  in  like  manner  with 
the  general  taxes  of  such  city;  and  the  county  clerk  in  reducing  tax 
levies  under  the  provisions  of  section  2  of  an  Act  entitled,  "An  Act  con- 
cerning the  levy  and  extension  of  taxes,"  approved  May  9,  1901,  in  force 
July  1,  1901,  as  subsequently  amended,  shall  not  consider  the  tax  herein 
authorized  as  a  part  of  the  general  taxes  levied  for  city  purposes  and 
shall  not  include  the  same  in  the  limitation  of  two  per  cent  of  the 
assessed  valuation  upon  which  taxes  are  required  to  be  extended. 

It  shall  be  the  duty  of  the  corporate  officers  of  such  city  who  are 
or  may  hereafter  be  authorized  by  law  to  draw  warrants  upon  the  treas- 
urer of  said  city,  upon  request  made  in  writing  by  the  board  of  trustees 
hereinafter  created,  to  draw  warrants  upon  the  treasurer  of  such  city 
payable  to  the  treasurer  of  said  board  for  all  funds  in  the  hands  of  the 
treasurer  of  such  city  belonging  to  such  pension  fund. 

Approved  June  30,  1919. 


FIREMEN'S  PENSION   FUND. 

§     1.     How     created  —  when     levy     dis-  §      8.      Beneficiaries  under  this  Act. 
pensed  with — what  term   "fire- 
man"  or  firemen  shall   include.  §      9.     Treasurer     of     board  —  duties  — 

bond  —  where     filed  —  action 

§      2.     Members   of    "Board    of   Trustees  thereon, 
of    the     Firemen's     Pension 

Fund" — elections — officers.  §   10.     Warrants   for  fund. 

§      3.     Duties  and  powers  of  board.  §    11.     Warrants  from  fund — interest  on 

loans    or    deposits    added  —  au- 
§      4.     Other    sources    of    income  —  how  thority  required. 


handled. 

5.     Reitrement   account   of   disability 

—  pension  —  recovery  —  rein-        §   13.     Fund  exempt  from  action 
statement. 


§12.     Report  as  to  necessary  tax  levy. 
§13.     Fund  e: 
§    14.      Repeal. 


§  6.  Pensions  after  death — exceptions 
— limited  amounts. 

§  7.  Retirement  after  twenty  years' 
service  ■ —  pension  — ■  regula- 
tions —  pension  after  death  — 
burial  allowance. 

(House  Bill  No.   183.     Filed  July   11,   1919.) 

An  Act  to  create  a  firemen's  pension  fund  in  cities,  incorporated  towns, 
villages,  and  townships  having  a  population  of  not  less  than  5,000  nor 
move  than  200,000  inhabitants,  and  to  repeal  certain  Acts  therein 
named. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cities,  townships, 
villages  and  incprporated  [incorporated]  towns  whose  population  ex- 
ceeds five  thousand  and  not  more  than  twn  [two]  hundred  thousand 
inhabitants,  having  a  paid  fire  department,  the  city  council  or  the  board 
of  trustees,  as  the  case  may  be,  shall  annually  hereafter  levy  a  tax  be- 
ginning with  the  year  1920,  of  one-fifth  (1/5)  of  one  mill  on  the  dollar 
on  all  the  taxable  property  of  such  city,  township,  village  or  incorporated 
town.     Such  tax  to  be  levied  and  collected  in  like  manner  with  general 


744  REVENUE. 


taxes  of  such  city,  township,  village  or  incorporated  town,  which  said! 
tax  shall  be  in  addition  to  all  other  taxes  which  such  city,  township, 
village  or  incorporated  town  is  now  or  may  hereafter  be  authorized  to 
levy  upon  the  aggregate  valuation  of  jail  property  within  such  city,  town- 
ship, village  or  incorporated  town  and  the  county  clerk  in  reducing 
tax  levies  under  the  provisions  of  section  two  of  an  Act  entitled:  "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  the  Act  approved  June  14,  1909,  in  force  July  1,  1909, 
as  subsequently  amended  shall  not  consider  the  tax  herein  authorized  as 
a  part  of  the  general  taxes  levied  for  such  city,  township,  village  or 
incorporated  town  purposes  and  shall  not  include  the  same  in  the  limita- 
tion of  two  per  cent  of  the  assessed  valuation  upon  which  taxes  are 
authorized  to  be  levied : 

Provided,  in  cities,  townships,  villages  and  incorporated  towns,  the 
city  council  or  the  boards  of  trustees  in  cities,  townships,  villages  and 
incorporated  towns  may  dispense  with  the  levy  of  such  tax  in  case  the 
(tension  fund,  over  and  above  the  reserve  fund,  is  sufficient  to  meet  all 
demands  of  those  requiring  payment  from  the  pension  fund. 

All  moneys  derived  from  the  taxes  so  levied  and  one  per  centum 
of  all  revenues  collected  by  such  cities,  townships,  villages  and  incorpo- 
rated towns,  authorizing  persons  or  incorporations  to  engage  in  any 
business,  occupation  or  profession,  excepting  that  of  public  utilities,  also 
all  fines  imposed  for  the  violation  of  fire  ordinances,  the  enforcement 
or  collection  of  which  may  be  charged  to,  and  be  under  the  supervision 
of  the  chief  officer  or  subordinate  officers  of  such  lire  department  in  any 
such  city,  township,  village  or  incorporated  town,  shall  be  set  apart  by 
the  treasurer  of  such  cities,  townships,  villages  or  incorporated  towns, 
to  whom  the  same  shall  be  paid,  as  a  fund  for  the  pensioning  of  disabled 
and  superanuated  firemen  in  such  cities,  townships,  villages  and  incor- 
porated towns. 

Provided,  that  the  word  or  term  "fireman"  or  "firemen"  as  used  in 
this  Act,  shall  include  all  persons,  who  at  the  time  this  Act  becomes 
effective  are  entitled  to  the  benefits  of  an  Act  entitled,  "An  Act  to 
create  a  board  of  trustees  of  the  Firemen's  Pension  Fund;  to  provide 
and  distribute  such  fund  for  the  pensioning  of  disabled  firemen  and 
the  widows  and  minor  children  of  deceased  firemen;  to  authorize  the 
retirement  from  service  and  pensioning  of  members  of  the  fire  depart- 
ment; and  for  the  purposes  connected  therewith,  in  cities,  townships, 
villages  and  incorporated  towns  whose  population  exceeds  fifty  thousand 
(50,000)  inhabitants,  having  a  paid  fire  department,"  approved  May 
13,  1887,  and  in  force  July  1,  1887,  as  subsequently  amended,  and  in 
cities  which  have  adopted  an  Act  entitled,  "An  Act  to  regulate  the 
civil  service  of  cities,"  approved  and  in  force  March  20,  1895,  all 
persons  who  have  been  or  shall  be  hereafter  appointed  to  any  position 
which  is  classified  by  the  civil  service  commission  of  such  city,  in  the  fire 
service  of  such  city*  and  in  cities,  townships,  villages  and  incorporated 
towns,  which  have  not  adopted  said  Civil  Service  Act  and  all  persons 


REVENUE.  745 


appointed  to  any  position  in  the  fire  department,  with  the  limitations 
contained  in  this  Act,  shall  also  be  included  and  entitled  to  the  benefits 
of  this  Act. 

§  2.  The  treasurer,  clerk,  marshal  or  chief  officer  of  the  fire 
department  and  the  comptroller  of  such  city,  township,  village  or  in- 
corporated town  and  three  other  persons  who  shall  be  chosen  from  the 
active  firemen  of  such  city,  township,  village  or  incorporated  town  and 
one  other  person  who  shall  be  chosen  from  the  firemen  who  have  been 
duly  retired  under  this  Act  shall  constitute  and  be  a  board  by  the  name 
of  the  "Board  of  Trustees  of  the  Firemen's  Pension  Fund."  The  mem- 
bers of  this  board  to  be  chosen  from  the  active  firemen  shall  be  elected 
by  ballot  at  a  biennial  election  at  shich  [which]  election' all  active  fire- 
men of  said  city,  township,  village  or  incorporated  town,  shall  be  entitled 
to  vote: 

Provided,  that  in  any  city,  township,  village  or  incorporated  town 
where  there  is  no  comptroller  appointed  or  elected,  that  the  mayor  of 
such  city,  township,  village  or  incorporated  town  shall  be  a  member  of 
such  board  and  the  members  of  said  board  to  be  chosen  from  among  the 
firemen  who  have  been  duly  retired  or  pensioned,  as  aforesaid,  shall  be 
elected  by  ballot  at  a  biennial  election,  at  which  last  mentioned  election 
all  retired  firemen  shall  be  entitled  to  a  vote. 

The  election  or  elections  in  this  section  provided  for  shall  be  held 
biannually  [biennially]  on  the  third  Monday  in  April  under  the 
Australian  ballot  system,  at  such  place  or  places,  in  such  city,  township, 
village  or  incorporated  town,  under  such  regulations  as  shall  be  pre- 
scribed by  the  members  of  this  board  : 

Provided,  however,  that  no  person  entitled  to  vote  under  the  pro- 
visions of  this  section  shall  cast  more  than  one  vote  at  such  election.  In 
the  event  of  the  failure,  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  biannual 
[biennial]  election  hereunder.  The  said  board  shall  elect  from  their 
number  a  president  and  secretary,  provided,  that  in  townships,  villages 
or  incorporated  towns,  the  board  of  trustees  of  the  Firemen's  Pension 
Fund  shall  consist  of  the  president  of  the  board  of  trustees,  the  town 
clerk,  the  town  or  village  attorney,  the  chief  officer  of  the  fire  depart- 
ment and  three  other  persons  who  shall  be  chosen  biannually  [bien- 
nially] from  among  the  active  firemen.  The  three  members  of  said 
board  to  be  chosen  from  the  active  firemen  of  said  township,  village  or 
incorporated  town  and  the  member  of  said  board  to  be  chosen  from  the 
retired  firemen  shall  be  elected  in  the  manner  provided  for  in  this  sec- 
tion for  the  election  of  such  member  in  cities. 

§  3.  The  said  board  shall  have  exclusive  control  and  management 
of  the  fund  mentioned  in  the  first  section  of  this  Act,  and  of  all  money 
donated,  paid,  assessed  or  provided  by  law  for  the  relief  or  pensioning 
of  disabled,  superanuated  and  retired  firemen,  their  widows,  minor 
children  and  dependent  parents  and  shall  assess  each  fireman,  not  to 
exceed  one  (1)  per  centum  of  the  salary  of  such  fireman,  to  be  deducted 


746  REVENUE. 


and  withheld  from  the  monthly  pay  of  each  fireman  so  assessed,  the 
same  together  with  all  interest  accrued  or  accruing  thereon,  to  be 
placed  by  the  treasurer  of  such  city,  township,  village  or  incorporated 
town,  who  shall  be  ex  officio  treasurer  of  such  board,  to  the  credit  of 
•  such  fund,  subject  to  the  order  of  such  board  and  said  board  shall 
assess  five  per  centum  of  an  amount  equal  to  the  monthly  salary  or 
wages  of  each  fireman,  attached  to  his  rank  at  the  time  of  his  retire- 
ment after  twenty  (20)  years'  service  under  the  provisions  of  this  Act, 
which  shall  be  paid  monthly  by  such  retired  fireman  to  the  treasurer  of 
the  board  of  trustees  herein  created  from  the  time  of  such  retirement 
and  until  he  shall  reach  the  age  of  fifty  years. 

The  said  board  shall  make  all  needful  rules  and  regulations  for  its 
government  in  the  discharge  of  its  duties,  and  shall  hear  and  decide  all 
applications  for  relief  or  pensions  under  this  Act,  and  its  decisions  on 
such  applications  shall  be  final  and  conclusive,  and  not  subject  to  review 
or  reversal  except  by  the  board.  The  board  shall  have  the  power  to 
provide  for  the  payment  from  said  fund  of  all  moneys  which  may  be 
necessary  for  the  expenses  of  the  board. 

The  board  shall  cause  to  be  kept  a  record  of  all  its  meetings  and 
proceedings. 

§  4.  All  rewards  in  moneys,  fees,  gifts  and  emoluments  that  may 
be  paid  or  given  for  or  on  account  of  extraordinary  services  by  the  fire 
department,  or  any  member  thereof  (except  when  allowed  to  be  retained 
by  competitive  award),  and  all  moneys  raised  under  section  1  of  this 
Act,  shall  be  paid  into  said  pension  fund. 

The  said  board  of  trustees  may  take  by  gift,  grant,  devise  or  be- 
quest, any  money,  real  estate,  personal  property  or  other  valuable  thing ; 
and  such  money,  real  estate,  personal  property,  right  of  property  or 
other  valuable  thing  so  obtained,  and  also  all  fines  and  penalties  imposed 
upon  firemen,  shall  be  paid  into  the  pension  fund,  and  all  moneys 
raised  under  section  one  of  this  Act,  shall  in  like  manner  be  paid  into 
said  pension  fund,  and  treated  as  part  thereof  for  the  uses  of  such 
pension  fund. 

The  board  of  trustees  created  under  this  Act,  shall  have  power  to 
take  and  may  sell  or  dispose  of  in  any  manner  that  the  said  board,  in 
its  judgment,  deems  proper,  any  or  all  assets  of  any  kind  which  are  in  its 
possession  or  under  the  control  of  the  board  of  trustees  of  the  Firemen's 
Pension  Fund,  existing  at  the  time  of  the  passage  of  this  Act  and  all 
moneys  and  funds  realized  from  the  sale  of  such  assets  together  with 
all  other  money  or  funds  received  or  taken  over  shall  become  a  part  of 
the  fund  herein  created  for  the  purpose  of  payment  of  pensions,  under 
the  provisions  of  this  Act :  Provided,  when  twenty-five  thousand  dollars 
($25,000)  shall  be  received  and  accumulated  in  cities,  townships,  villages 
and  incorporated  towns  having  a  population  of  twenty-five  thousand 
inhabitants  or  over  and  less  than  two  hundred  thousand  inhabitants ; 
and  when  fifteen  thousand  dollars  ($15,000)  shall  be  received  and 
accumulated  in  cities,  townships,  villages  and  incorporated  towns  having 
a  population  exceeding  five  thousand  (5,000)  inhabitants  and  less  than 
twenty-five  thousand  (25,000)  inhabitants,  such  sums  respectively,  shall, 


REVENUE.  1  I  1 


in  each  case  be  retained  as  a  permanent  fund,  and  any  excess  thereof, 
in  each  such  case,  shall  be  available  for  the  uses  and  purposes  of  such 
pension  fund. 

§  5.  If  any  fireman  of  any  city,  township,  village  or  incorporated 
town  of  more  than  five  thousand  inhabitants  and  less  than  two  hundred 
thousand  inhabitants,  while  in  the  performance  of  his  duty,  become  and 
be  found,  upon  examination  by  a  medical  officer,  ordered  by  said  board 
of  trustees  to  be  physically  or  mentally  permenently  [permanently] 
disabled,  by  reason  of  service  in  such  lire  department,  so  as  to  render 
necessary  his  retirement  from  service  in  said  fire  department,  said 
board  of  trustees  shall  retire  such  disabled  member  from  service  in  such 
fire  department;  Provided,  no  such  retirement  on  account  of  such  dis- 
ability shall  occur  unless  said  member  has  contracted  said  disability 
while  in  the  service  of  such  fire  department. 

When  any  fireman  is  retired  as  in  this  section  provided,  the  said 
board  of  trustees  shall  order  the  payment  to  such  disabled  fireman, 
monthly  from  said  pension  fund,  a  sum  equal  to  one-half  of  the  monthly 
compensation  paid  to  such  fireman  as  salary,  at  the  date  of  such  retire- 
ment. 

If,  however,  after  placing  a  fireman  on  the  pension  roll,  satisfactory 
proof  is  made  to  the  pension  board  that  such  retired  fireman  has  re- 
covered from  such  physical  or  mental  disability,  the  board  shall  order 
that  his  pension  cease  and  the  fireman  shall  report  back  to  the  marshal 
or  the  chief  of  the  fire  department  of  such  city,  township,  village  or 
incorporated  town,  who  shall  thereupon  order  the  reinstatement  in  active 
service,  in  the  same  rank  or  grade  which  such  fireman  held  at  the  time 
of  his  retirement. 

§  6.  Any  member  of  the  fire  department  who  shall  die  from  any 
cause  while  in  the  service,  excepting  while  on  leave  of  absence  without 
pay  for  more  than  thirty  days  during  any  year,  in  any  city,  township, 
village  or  incorporated  town  of  more  than  five  thousand  inhabitants 
and  not  less  than  two  hundred  thousand  inhabitants,  or  if  any  fireman 
shall  die  from  any  cause  during  the  retirement  on  account  of  disability, 
or  during  the  retirement  after  twenty  years'  service  and  while  in  good 
standing,  as  provided  for  in  this  Act,  and  shall  leave  a  widow,  minor 
natural  child  or  children  or  dependent  natural  father  or  mother  sur- 
viving, said  board  of  trustees  shall  direct  the  payment  from  such  fund  of 
the  following  sums  of  money  monthly: 

To  such  widow  while  unmarried  forty-five  dollars  ($45.00),  to  the 
guardian  of  any  such  child  or  children  eight  dollars  ($8.00)  for  each 
of  said  children  until  it  or  they  reach  the  age  of  sixteen  years  of  age : 
Provided,  lioivever,  that  no  pension  shall  be  allowed  to  the  widow  of  such 
deceased  fireman,  or  to  the  children  of  such  widow  who  has  married 
such  fireman  subsequent  to  the  date  of  his  retirement  with  the  pension 
under  the  provision  of  this  Act.  Where  the  wife  of  such  deceased  fire- 
man shall  have  died  prior  or  subsequent  to  the  death  of  such  fireman, 
leaving  a  minor  child  or  children  begotten  by  such  fireman,  the  board 
shall  pay  to  the  duly  appointed  guardian  of  such  child  or  children,  for 
their  support  and  maintenance  until  it  or  they  shall  reach  the  age  of 
sixteen  years  the  sum  of  fifteen  dollars  ($15.00)  per  month  to  each. 


748  REVENUE. 


If  the  deceased  fireman  shall  leave  no  widow,  or  natural  child  or 
children  surviving  him,  but  shall  leave  a  dependent  natural  father  or 
mother,  then  said  board  of  trustees  shall  direct  the  payment  from  said 
pension  fund  to  such  dependent  father  or  mother,  the  sum  of  twenty-five 
dollars  ($25.00)  each  monthly:  Provided,  that  it  shall  be  proved  that 
the  deceased  fireman  at  the  time  of  his  death  was  the  sole  and  only 
support  of  such  parent  or  parents. 

If  at  any  time  there  shall  not  be  sufficient  money  in  such  pension 
fund  available  to  pay  each  person  entitled  to  the  benefits  thereof,  the 
full  amount  per  month,  as  herein  provided,  then  and  in  that  event,  an 
equal  percentage  of  such  monthly  payments  shall  be  paid  to  each  bene- 
ficiary thereof  until  the  said  fund  shall  be  replenished  to  warrant  the 
payment  in  full  to  each  of  the  beneficiaries :  Provided,  however,  that 
there  shall  not  be  paid  to  any  family  or  dependents  of  such  deceased 
member,  a  total  pension  exceeding  one-half  of  the  amount  of  the  annual 
salary  of  such  deceased  firemen  [fireman]  at  the  time  of  his  decease ; 
or  if  a  retired  member,  a  sum  not  exceeding  one-half  of  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  the  persons  entitled  to  the  benefits  thereof  the  full  amount 
provided  in  this  Act,  then  and  in  that  event,  an  equal  percentage  of  such 
monthly  payments  shall  be  made  to  "each  beneficiary  thereof  until  said 
fund  shall  be  replenished  to  warrant  payment  in  full  to  each  beneficiary 
thereof. 

§  7.  Any  fireman  of  any  such  city,  township,  village  or  incorpor- 
ated town  after  having  served  twenty  (20)  years  as  a  fireman,  of  which 
the  last  five  (5)  years  shall  be  continuous,  may  retire  from  active  service, 
and  when  such  retired  fireman  shall  have  reached  the  age  of  fifty  (50) 
years  the  board  shall  order  and  direct  that  such  fireman  shall  be  paid 
a  monthly  pension  equal  to  one-half  the  amount  of  monthly  salary 
attached  to  the  rank  which  he  may  have  held  in  the  fire  service  at  the 
date  of  his  retirement:  Provided,  that  the  retired  fireman  has  re- 
mained in  good  standing  by  paying  to  the  treasurer  of  the  board  all  his 
monthly  contributions  from  the  time  of  his  retirement  until  he  shall 
have  reached  the  age  of  fifty  (50)  years  as  required  by  this  Act. 

Any  fireman  of  any  such  city,  township,  village  or  incorporated 
town,  who,  after  having  served  twenty  (20)  years  as  a  fireman,  of  which 
the  last  five  (5)  years  shall  be  continuous,  shall  be  discharged  from  the 
fire  service,  shall  be  entitled  to  the  same  benefits  under  this  Act  as  fire- 
men who  have  retired  as  hereinabove  provided. 

In  determining  whether  the  service  of  a  fireman  has  been  con- 
tinuous for  the  last  five  (5)  years,  under  the  provisions  of  this  section, 
all  firemen  subject  to  be  called  to  duty,  whether  in  active  service  or  on 
leave  of  absence,  shall  be  regarded  as  being  in  the  fire  service  but  in 
computing  the  time  for  the  purpose  of  determining  whether  a  fireman 
has  served  twenty  (20)  years,  all  furloughs  without  pay  exceeding 
thirty  (30)  clays  in  any  one  year  shall  not  be  counted. 

After  the  decease  of  such  fireman,  his  wodow  [widow],  minor 
natural  child  or  children,  under  sixteen  years  of  age,  his  dependent 
natural  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 


REVENUE.  749 


of  this  Act  shall  warrant  the  payment  of  any  annuity  to  any  widow  of 
a  deceased  fireman  after  she  shall  have  remarried. 

In  case  any  fireman  should  die  leaving  no  beneficiary  or  bene- 
ficiaries, the  board  of  trustees  of  said  pension  fund  shall  pay  the  sum  of 
two  hundred  thousand  dollars  ($200)  for  the  burial  of  such  deceased 
fireman. 

§  8.  The  widow,  orphans  and  dependent  parents  of  deceased  fire- 
man (firemen)  and  all  retired  fireman  (firemen)  who  are  now  entitled 
to  pension  or  annuity  under  the  provisions  of  an  Act  entitled,  "An  Act 
to  create  a  board  of  trustees  of  the  firemen's  pension  fund;  to  provide 
and  distribute  such  fund  for  the  pensioning  of  disabled  firemen  and  the 
widows  and  minor  children  of  deceased  firemen;  to  authorize  the  re- 
tirement from  service  and  pensioning  of  members  of  the  fire  depart- 
ment, and  for  other  purposes  connected  therewith,  in  cities,  villages  or 
incorporated  towns,  whose  population  exceeds  fifty  thousand  (50,000) 
inhabitants,  having  a  paid  fire  department,"  approved  May  13,  1887,  in 
force  July  1,  1887,  as  subsequently  amended,  shall  be  entitled  to  the 
benefits,  pensions  and  annuities  provided  for  by  this  Act;  Provided, 
such  persons  shall  thereupon  cease  to  receive  pensions,  relief  or  benefits 
under  said  Act  approved  May  13,  1887,  in  force  July  1,  1887,  as  sub- 
sequently amended. 

§  9.  The  treasurer  of  the  board  shall  be  the  custodian  of  said 
pension  fund  and  shall  secure  and  safely  keep  the  same,  subject  to  the 
control  and  direction  of  the  board ;  and  shall  keep  his  books  and  accounts 
concerning  said  fund  in  such  manner  as  may  be  prescribed  by  the  board ; 
and  the  said  books  and  accounts  shall  always  be  subject  to  the  inspection 
of  the  board  or  any  member  thereof. 

The  treasurer  shall,  within  ten  days  after  his  election  or  appoint- 
ment, execute  a  bond  to  the  city,  township,  village  or  incorporated  town, 
with  good  and  sufficient  securities,  in  such  penal  sums  as  the  board  shall 
direct,  to  be  approved  by  the  board,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office,  and  that  he  will  safely  keep  and 
well  and  truly  account  for  all  moneys  and  property  which  may  come 
into  his  hands  as  such  treasurer;  and  that  on  the  expiration  of  his  term 
of  office  he  will  surrender  and  deliver  over  to  his  successor  all  unex- 
pended moneys  and  property  which  may  have  come  to  his  hands  as 
treasurer  of  such  fund. 

Such  bond  shall  be  filed  in  the  office  of  the  clerk  of  such  city,  town- 
ship, village  or  incorporated  town,  and  in  case  of  a  breach  of  the  same, 
or  the  conditions  thereof,  suit  may  be  brought  on  the  same  in  the  name 
of  such  city,  township,  village  or  incorporated  town  for  the  use  of  said 
board,  or  of  any  person  or  persons  injured  by  such  breach. 

§  10.  It  shall  be  the  duty  of  the  mayor  or  the  president  of  the 
board  of  trustees  and  clerk,  or  the  comptroller,  if  there  be  one,  and  the 
officer  or  officers  of  such  city,  township,  village  or  incorporated  town 
who  are  or  may  be  authorized  by  law  to  draw  warrants  upon  the  treasurer 
of  such  city,  township,  village  or  incorporated  town,  upon  request  made 
in  writing  by  said  board,  to  draw  warrants  upon  the  treasurer  of  such 
city,  township,  village  or  incorporated  town,  payable  to  the  treasurer  of 
said  board  for  all  funds  in  the  hands  of  the  treasurer  of  such  city,  town- 
ship, village  or  incorporated  town  belonging  to  said  pension  fund. 


750  REVENUE. 


§  11.  All  moneys  ordered  to  be  paid  from  said  pension  fund  to 
any  person  or  persons  shall  be  paid  by  the  treasurer  of  said  board  only 
upon  warrants  signed  by  the  president  of  the  board  and  countersigned 
by  the  secretary  thereof;  and  no  warrant  shall  be  drawn  except  by  order 
of  the  board  duly  entered  in  the  records  of  the  proceedings  of  the  board. 

In  case  the  said  pension  fund  or  any  part  thereof  shall,  by  order  of 
said  board  or  otherwise,  be  deposited  in  any  bank,  or  loaned,  all  interest 
or  money  which  may  be  paid  or  agreed  to  be  paid  on  account  of  any  such 
loan  or  deposit,  shall  belong  to  and  constitute  a  part  of  said  fund: 
Provided,  that  nothing  herein  contained  shall  be  construed  as  author- 
izing said  treasurer  to  loan  or  deposit  said  fund  or  any  part  thereof,  un- 
less so  authorized  by  the  board. 

§  12.  The  board  of  trustees  shall  make  report  to  the  council  of 
said  city,  township,  village  or  incorporated  town,  of  the  condition  of  said 
pension  fund  and  the  amount  of  taxes  necessary  to  be  levied  to  carry 
out  the  provisions  of  this  Act  for  the  following  fiscal  year,  on  the  first 
Monday  of  November  in  each  and  every  year. 

§  13.  No  portion  of  said  pension  fund  shall,  either  before  or  after 
its  order  of  distribution  by  said  board,  to  any  retired  fireman,  or  to  the 
widow  or  guardian  of  any  minor  child  or  children,  or  to  the  dependent 
parent  or  parents  of  a  deceased  fireman,  be  held,  seized,  taken  subject 
to,  or  detained  or  levied  on  by  virtue  of  any  attachment,  execution,  in- 
junction, writ  interlocutory  or  other  order  of  decree;  or  any  process  or 
proceeding  whatever  issued  out'  of  or  by  any  court  of  this  State,  for  the 
payment  or  satisfaction  in  whole  or  in  part  of  any  debt,  damages,  claim, 
demand  or  judgement  against  any  such  fireman,  or  the  widow  of  [or] 
the  guardian  of  any  minor  child  or  children  or  dependent  parent  or 
parents,  of  any  deceased  fireman;  but  the  said  fund  shall  be  sacredly 
held,  kept,  secured  and  distributed  for  the  purposes  of  pensioning  the 
persons  named  in  this  Act  and  for  no  other  purposes  whatever. 

§  14.  The  following  Acts  are  repealed:  "An  Act  to  revise  the 
law  creating  a  firemen's  pension  fund  in  cities,  villages  and  incorporated 
towns  with  a  population  of  not  less  than  five  thousand  and  not  more 
than  two  hundred  thousand  inhabitants,"  filed  June  28,  1917,  in  force 
July  1,  1917. 

'An  Act  to  revise  the  law  creating  a  firemen's  pension  fund  in  cities, 
villages  and  incorporated  towns  whose  population  exceeds  five  thousand 
(5,000)   inhabitants,'  approved  June  29,  1915,  in  force  July  1,  1915. 

'An  Act  to  create  a  board  of  trustees  of  the  firemen's  pension  fund ; 
to  provide  and  distribute  such  fund  for  the  pensioning  of  disabled  fire- 
men, and  the  widows,  minor  children  and  dependent  parents  of  deceased 
firemen;  to  authorize  the  retirement  from  service  and  pensioning  of 
members  of  the  fire  department,  and  for  other  purposes  connected  there- 
with in  cities,  villages  or  incorporated  towns,  whose  population  exceeds 
five  thousand  inhabitants,  having  a  paid  fire  department,'  approved  May 
13,  1887,  in  force  July  1,  1887,  as  amended.' 

Filed  July  11,  1919. 

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

Witness  my  hand  this  11th  day  of  July,  A.  D.  1919. 

Louis  L.  Emmeeson,  Secretary  of  State. 


REVENUE.  751 


FOREST  PRESERVE   DISTRICTS. 
§   1.     Amends  section  13,  Act  of  1913.    •  §    13.     Tax  levy — rate. 

(Senate  Bill  No.   431.     Approved  June  30,  101'.).> 

An  Act  to  amend  section  13  of  an  Act,  entitled,  "An  Act  to  provide  for 
the  creation  and  management  of  forest  preserve  districts  and  repealing 
certain  Acts  therein  named,"  approved  June  27,  1913,  in  force  July 
1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  That  section  13  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  creation  and  management  of  forest 
preserve  districts  and  repealing  certain  Acts  therein  named,"  approved 
June  27,  1913,  in  force  July  1,  1913,  be  and  the  same  is  hereby 
amended  to  read  as  follows : 

§  13.  The  board  of  commissioners  of'  any  forest  preserve  district 
organized  hereunder  shall  have  power  to  raise  money  by  general  taxation 
for  any  of  the  purposes  enumerated  in  this  Act,  and  power  to  borrow 
money  upon  the  faith  and  -credit  of  such  district  and  to  issue  bonds 
therefor :  Provided,  however,  such  district  shall  not  become  indebted 
in  any  manner  or  for  any  purpose,  to  an  amount  including  existing 
indebtedness  in  the  aggregate  exceeding  one  per  centum  of  the  assessed 
value  of  the  taxable  property  therein  as  ascertained  by  the  last  equalized 
assessment  for  State  and  county  purposes.  Before  or  at  the  time  of 
issuing  bonds,'  the  board  of  commissioners  shall  provide,  by  ordinance, 
for  the  collection  of  an.  annual  tax  sufficient  to  pay  the  interest  on  such 
bonds  as  it  falls  due,  and  to  pay  such  bonds  as  they  mature,  and  said  tax 
to  so  pay  the  interest  on  said  bonds  as  it  falls  due  and  to  pay  said  bonds 
as  they  mature,  shall  not  be  permitted  to  increase  the  taxing  power  of 
said  district  as  herein  provided  for.  All  bonds  issued  by  any  forest 
preserve  district  shall  be  divided  into  series,  the  first  of  which  shall 
mature  not  later  than  five  years  after  the  date  of  issue,  and  the  last  of 
which  shall  mature  not  later  than  twenty  years  after  the  date  of  issue. 

All  general  taxes  levied  by  the  board  of  commissioners  of  any  forest 
preserve  district  shall  be  levied  at  the  same  time  and  in  the  same  man- 
ner as  taxes  are  levied  for  city  and  village  purposes :  Provided,  that 
the  amount  of  taxes  levied  for  any  one  year  shall  not  exceed  the  rate  of 
two-thirds  of  one  mill  on  each  dollar.  All  moneys  collected  under  the 
provisions  of  this  Act  shall  be  paid  to  the  treasurer  of  such  district. 

Approved  June  30,  1919. 

GARBAGE. 

§    1.     Amends  section  1,  Act  of  1915.  §   1.     Who   may   establish   garb- 

age plants  —  tax  levy 
not  to  exceed  one  and 
one-third  mills. 

(Senate   Bill   No.    522.     Approved   June    30,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  authorize  cities  and 
villages  having  a  population  of  less  than  100,000  to  levy  a  tax  for  the 
purpose  of  collecting  and  disposing  of  garbage,"  approved  June  25, 
1915,  in  force  July  1,  1915. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  section  1  of  an  Act  en- 


752  REVENUE. 


titled,  "An  Act  to  authorize  cities  and  villages  having  a  population  of 
less  than  100,000  to  levy  a  tax  for  the  purpose  of  collecting  and  dis- 
posing of  garbage/'  approved  June  25,  1915,  in  force  July  1,  1915,  be 
and  the  same  is  hereby  amended  to  read  as  follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  city  council  of  each  incorpo- 
rated city  in  this  State,  whether  organized  under  the  general  law  or 
special  charter,  having  a  population  of  less  tban  100,000,  and  the  presi- 
dent and  board  of  trustees  of  each  village  in  the  State  of  Illinois  having 
a  population  of  less  than  100,000,  shall  have  power  to  establish  and 
maintain  garbage  systems  or  plants  for  the  collection  and  disposal  of 
garbage  in  such  city  or  village  and  may  levy  a  tax  not  to  exceed  one 
and  one-third  mills  on  the  dollar  on  all  the  taxable  property  in  the  city 
or  village  according  to  the  valuation  of  the  same  as  made  for  the  purpose 
of  State  and  county  taxation  by  the  last  assessment,  in  said  city  or 
village  for  such  purposes.  Said  annual  garbage  tax  shall  be  in  addition 
to  the  amount  authorized  to  be  levied  for  general  purposes  as  provided 
by  section  1  of  Article  8  of  "An  Act  for  the  incorporation  of  cities  and 
villages,"  approved  April  10,  1872,  and  all  amendments  thereto. 

Approved  June  30,  1919. 

HEALTH  DISTRICTS. 

§    1.     Amends  section  15,  Act  of  1917.  §   15.     Public    health    districts — 

powers     and     duties    of 
each  board — tax  levy. 

(Senate   Bill   No.    553.     Approved   June    30.    1919.) 

An  Act  to  amend  section  15  of  an  Act  entitled,  "An  Act  to  authorize 
the  organization  of  public  health  districts  and  for  the  establishment 
and  maintenance  of  a  health  department  for  the  same,"  filed  with  the 
Governor  June  26,  1917,  in  force  July  1,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  15  of  an  Act  en- 
titled, "An  Act  to  authorize  the  organization  of  public  health  districts 
and  for  the  establishment  and  maintenance  of  a  health  department  for 
the  same,"  filed  with  the  Governor  June  26,  1917,  in  force  July  1, 
1917,  be  and  the  same  is  hereby  amended  to  read  as  follows : 

§  15.  Each  board  of  health  shall  have  power  and  it  shall  be  its 
duty : 

1.  To  hold  an  annual  meeting  on  the  second  Tuesday  in  April, 
of  each  year,  at  which  meeting  officers  shall  be  elected  for  the  ensuing 
year; 

2.  To  hold  meetings  quarterly  on  the  second  Tuesday  of  January, 
April,  July  and  October; 

3.  To  hold  special  meetings  upon  a  written  request  signed  by  two 
members  and  filed  with  the  Secretary; 

4.  To  levy,  annually,  in  addition  to  all  other  taxes  which  are  now 
or  hereafter  may  be  authorized  to  be  levied  on  the  aggregate  valuation 
of  all  property  within  the  public  health  district,  a  special  "public  health 
tax",  not  to  exceed  two  and  two-thirds  mills  on  the  dollar  on  all  taxable 
property  embraced  within  such  public  health  district,  according  to  the 


REVENUE.  753 


valuation  of  the  same  as  made  for  the  purpose  of  State  and  county  taxa- 
tion, to  form,  when  collected,  a  fund  to  be  known  as  the  "public  health 
fund;" 

5.  To  appoint  a  public  health  officer  from  a  list  of  eligibles  sup- 
plied by  the  State  Department  of  Public  Health; 

6.  To  appoint,  upon  the  advice  and  approval  of  the  public  health 
officer,  such  nurses,  chemists,  experts,  clerks  and  assistants  as  the  public 
health  officer  may  deem  necessary; 

7.  To  fix  the  compensation  of  the  public  health  officer,  which  shall 
in  no  case  be  less  than  one  thousand  five  hundred  dollars; 

8.  To  establish,  equip  and  maintain  an  analytical,  biological  and 
research  laboratory; 

9.  To  provide,  e.quip  and  maintain  suitable  offices,  facilities  and 
appliances  for  the  health  officer  and  his  assistants; 

10.  To  pay,  from  the  "public  health  fund,"  the  salary  of  the 
public  health  officer  and  the  salaries  of  all  appointees  and  employees  and 
the  expense  of  maintenance  of  the  public  health  department,  including 
therein  the  expense  of  administering  the  sanitation  and  health  laws  and 
ordinances ; 

11.  To  acquire  and  hold,  in  the  name  of  the  public  health  district, 
real  estate  and  personal  property; 

12.  T,o  receive  contributions  of  money  or  property; 

13.  To  publish,  annually,  on  or  soon  after  the  second  Tuesday  in 
April,  in  pamphlet  form,  for  free  distribution,  an  annual  report  showing 
the  condition  of  their  trust  on  the  first  day  of  April  of  that  year,  the 
sums  of  money  received  from  taxation  and  from  other  sources,  giving 
the  name  of  the  donor,  how  all  moneys  have  been  expended  and  for 
what  purpose,  and  such  other  statistics  and  information  in  regard  to  the 
work  of  the  health  department  as  they  may  deem  of  general  interest. 

Approved  June  30,  1919. 


HOSPITALS. 


§      1.     Petition— notice  —  election  —  tax 
levy. 

§     2.     To   appoint  board   of  three  direc- 
tors. 

S      3.     Term  of  office. 

§     4.     Vacancies. 


§   10 

§    11 


5.     Officers — rules   and   regulations —        §   12 
powers. 

§   13 


Report  to  city  council. 

Subject  to   rules   and   regulations 
of  board. 

Donations — who   special   trustees. 

Legal  practitioners  to  have  equal 
privileges. 

Repeal. 

Validity  of  Act. 


§      6.     Bonds — notice — election. 

§      7.     Terms  and   conditions  for  privil- 
eges of  hospital. 

(House  Bill  No.   569.     Approved  June   30,   1919.) 

An  Act  to  revise  the  laws  in  relation  to  establishing  and  maintaining 
Public  Hospitals  in  cities  of  less  than  one  hundred  thousand  inhabi- 
tants. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in   the   General   Assembly:     That   whenever   one   hundred 

—48  L 


754  REVENUE. 


legal  voters  of  any  incorporated  city  within  the  State  of  Illinois,  having 
a  jjopulation  of  less  than  one  hundred  thousand  inhabitants,  shall  pre- 
sent a  petition  to  the  city  council  of  such  city  asking  that  an  annual  tax, 
not  to  exceed  three  and  one  third  (S-i/j)  mills  on  the  dollar,  an- 
nually be  levied  on  all  taxable  property  of  such  city,  specifying  in  their 
petition  the  rate  of  taxation,  not  to  exceed  three  and  one-third  (3-%) 
mills  on  the  dollar,  such  city  council  shall  instruct  the  city  clerk  to,  and 
such  city  clerk  shall,  at  the  next  regular  election,  or  at  a  special  election 
called  for  that  purpose,  give  notice,  as  provided  by  law,  that  at  such 
election  the  question,  "Shall  a.  . .  . .  .mill  tax,  for  a  public  hospital  be 

levied  against  the  taxable  property  of  the  City  of   .  . . ," 

specifying  in  such  notice  the  rate  of  taxation  mentioned  in  said  petition, 
and  if  a  majority  of  all  \otes  cast  at  such  election  shall  be  in  favor  of 
said  proposition,  the  tax  specified  in  such  notice'  shall  be  levied  and 
collected  in  like  manner  with  other  general  taxes  in  said  city,  and  shall 
be  known  as  the  "Hospital  Fund"  and  thereafter  the  city  council  of  such 
city  shall  include  an  appropriation  in  the  annual  appropriation  bill  of 
such  sum  or  sums  of  money  as  may  be  nece'ssary  to  defray  all  necesary 
expenses  and  liabilities  of  such  hospital,  the  same  not  to  exceed,  how- 
ever, three  and  one-third  (3-%)  mills  on  the  .dollar  annually  on  all  such 
taxable  property,  Provided,  that  said  annual  hospital  tax  in  cities  of 
less  than  fifty  thousand  inhabitants  shall  not  be-  included  in  the  aggre- 
gate amount  of  taxes  as  limited  by  section  one  (1),  of  Article' eight  (8), 
of  "An  Act  for  the  Incorporation  of  cities  and  villages,"  approved 
April  10,  1872,  and  the  amendatory  Acts  thereto,  or  by  any  provision 
of  any  special  charter  under  which  any  city  in  this  State  is  now  organ- 
ized. 

§  2.  When  any  such  city  council  shall  have  decided  to  establish 
and  maintain  a  public  hospital  under  this  Act,  the  mayor  of  such  city 
shall,  with  the  approval  of  the  city  council,  proceed  to  appoint  a  board 
of  three  directors,  one  of  whom  may  be  a  woman,  for  the  same,  chosen 
from  the  citizens  at  large  with  reference  to  their  fitness  for  such  office. 

§  3.  Said  directors  shall  hold  office  one-third  for  one  year,  one- 
third  for  two  years  and  one-third  for  three  years  from  the  first  of  July 
following  their  appointment,  and  at  their  first  regular  meeting  shall 
cast  lots  for  the  respective  terms ;  and  annually  thereafter  the  mayor 
shall,  before  the  first  of  July  each  year,  appoint  as  before,  one  director 
to  take  the  place  of  the  retiring  director,  who  shall  hold  office  for  three 
years,  and  until  his  successor  is  appointed.  The  mayor  may,  by  and 
with  the  consent  of  the  city  council,  remove  any  director  for  miscon- 
duct or  neglect  of  duty. 

§  4.  Vacancies  in  the  board  of  directors  occasioned  by  removals, 
resignation  or  otherwise,  shall  be  reported  to  the  city  council  and  be 
filled  in  like  manner  as  original  appointments,  and  no  director  shall 
receive  compensation  as  such  and  shall  not  be  interested  either  directly 
or  indirectly,  in  the  purchase  or  sale  of  any  supplies  for  said  hospital. 

§  5.  The  directors  shall,  immediately  after  their  appointment 
meet  to  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 
necessary.     They  shall  make  and  adopt  such  by-laws,  rules  and  regu- 


REVENUE.  .  755 


lations  for  their  own  guidance  and  for  the  government  of  the  hospital 
as  may  be  expedient,  and  not  inconsistent  with  acts  and  ordinances  of 
said  city.  They  shall  have  the  exclusive  control  of  the  expenditure 
of  all  moneys  collected  to  the  credit  of  the  "Hospital  Fund",  and  of 
the  supervision,  care  and  custody  of  the  grounds,  leases  and  buildings 
constructed,  leased  or  set  apart  for  that  purpose,  and  all  moneys  re- 
ceived 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  proper  authenticated  vouchers  of  said 
hospital  board.  Said  board  shall  have  the  power  to  purchase  or  lease 
ground,  to  occupy,  lease  or  erect  appropriate  building  or  buildings  for 
the  use  of  said  hospital;  said  board  shall  have  power  to  appoint  a  suit- 
able 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  it's  condition  to  the  city  council. 

§  6.  Whenever  a  majority  of  said  board  shall  petition  the  city 
council  to  submit  the  proposition  of  issuing  bonds  for  the  purpose  of 
constructing  a  hospital  building  or  buildings  and  equipping  the  same, 
specifying  in  said  petition  the  amount  of  bon^s  to  be  issued,  the  period 
when  said  bonds  shall  mature,  not  to  exceed  twenty  years  from  the 
issuance  of  the  same,  the  rate  of  interest  said  bonds  are  to  draw;  such 
city  council  shall  instruct  the  city  clerk,  and  such  city  clerk  shall  at  the 
next  regular  election  or  at  a  special  election  called  for  that  purpose, 
give  notice  as  required  by  law,  that  at  such  election  the  proposition 

"Shall  the  city  of issue  bonds  to  the  amount  of  .... 

dollars,  drawing per  cent  interest  per  annum  for  the  pur- 
pose of  erecting  and  equipping  a  public  hospital?"  and  if  a  majority  of 
the  votes  cast  at  such  election  shall  be  favorable  to  such  proposition  the 
said  bonds  shall  be  issued  for  that  purpose  in  the  amount  and  for  the 
time  and  at  the  rate  of  interest  specified  in  said  petition  in  such  denom- 
inations as  the  city  council  shall  determine.  Which  said  bonds  shall  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  out  of  the  taxes  to  be  collected  for  hospital  pur- 
poses in  said  city. 

§  7.  Every  hospital  established  under  this  Act  shall  be  for  the 
benefit  of  the  inhabitants  of  such  city,  and  any  person  falling  sick  or 
being  injured  or  maimed  within  its  limits;  but  every  such  inhabitant  or 
person  who  is  not  a  pauper  shall  pay  to  such  board  or  such  officer  as  it 
shall  designate  for  such  city,  such  reasonable  compensation  for  occu- 
pancy, nursing,  care,  medicines  or  attendance,  according  to  the  rules 
and  regulations  prescribed  by  said  board;  such  hospital  always  being 
subject  to  such  reasonable  rules  and  regulations  as  said  board  may  adopt 
in  order  to  render  the  use  of  said  hospital  of  the  greatest  benefit  to  the 
greatest  number;  and  said  board  may  exclude  from  the  use  of  said 
hospital  any  and  all  inhabitants  and  persons  who  shall  wilfully  violate 
such  rules  or  regulations.     And  said  board  may  extend  the  privileges 


756  REVENUE. 


and  use  of  such  hospital  to  persons  residing  outside  of  such  city  in  this 
State,  upon  such  terms  and  conditions  as  said  board  may  from  time  to 
time  by  its  rules  and  regulations  prescribe. 

§  8.  Said  board  of  directors  shall,  in  the  name  of  such  city,  re- 
ceive and  collect  from  such  inhabitant  or  person  the  compensation  afore- 
said, and  shall  as  often  as  once  in  each  month,  pay  over  to  the  city 
treasurer  all  compensation  received  or  collected  during  the  month,  and 
take  the  receipt  of  such  treasurer  therefor;  and  shall  also  at  the  regular 
monthly  meeting  of  the  city  council  report  to  such  city  council  the  names 
of  persons  or  inhabitants  from  whom  such  compensation  has  been  re- 
ceived or  collected,  and  the  amount  so  received  or  collected  from  each 
and  the  date  when  so  received  or  collected.  And  said  board  of  directors 
shall  make,  on  or  before  the  second  Monday  in  June,  an  annual  report 
to  the  city  council,  stating  the  condition  of  their  trust  on  the  first  day 
of  June  of  that  year,  the  various  sums  of  money  received  from  the 
"Hospital  Fund"  and  from  other  sources,  and  how  such  money  has  been 
expended  and  for  what  purposes;  the  number  of  patients  and  such  other 
statistics,  information  and  suggestions  as  they  may  deem  of  general 
interest. 

§  9.  When  such  hospital  is  so  established,  the  physicians,  nurses, 
attendants,  the  persons  sick  therein  and  all  persons  approaching  or 
coming  within  the  limits  jof  the  same,  and  all  furniture  and  other  ar- 
ticles used  or  brought  there  shall  be  subject  to  such  rules  and  regulations 
as  said  board  may  prescribe. 

§  10.  Any  person  desiring  to  make  donations  of  money,  personal 
property  or  real  estate  for  the  benefit  of  such  hospital,  shall  have  the 
right  to  vest  the  title  to  the  money  or  real  estate  so  donated  in  the  board 
of  directors  created  under  this  Act,  to  be  held  and  controlled  by  such 
board,  when  accepted,  according  to  the  terms  of  the  deed,  gift,  devise 
or  bequest  of  such  property;  and  as  to  such  property  the  said  board 
shall  be  held  and  considered  to  be  special  trustees. 

§  11.  All  physicians  who  are  recognized  as  legal  practitioners  by 
the  State  Board  of  Health  of  Illinois  shall  have  equal  privileges  in 
treating  patients  in  said  hospital. 

§  12.  "An  Act  to  Enable  Cities  to  Establish  and  Maintain  Public 
Hospitals",  approved  June  17,  1891,  and  in  force  July  1,  1891,  and  all 
Acts  amendatory  thereto,  is  hereby  repealed;  Provided,  however,  that 
this  section  shall  not  have  the  effect  of  invalidating  any  tax  heretofore 
levied  or  any  acts  heretofore  done  under  the  provisions  of  the  Act  in  this 
section  repealed.     • 

§  13.  The  invalidating  of  any  portion  of  this  Act  shall  not  affect 
the  validity  of  any  other  portion  which  can  be  given  effect  without  such 
invalid  part. 

Approved  June  30,  1919. 


REVENUE.  757 


INHBRITAN  CE   TA  X . 

§    1.      Amends  section  1,  Act  of  1909.  §    1.      Tax    imposed    upon    trans- 

fer of  property,  etc. 

(Senate   Bill   No.    32G.     Approved   June   28,    1019.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  lax  gifts,  legacies,  in- 
heritances, 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,  as 
subsequently  amended,  by  amending  section  1   thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  That  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,  as  subsequently  amended,  be  and  the  same  is  here- 
by amended  by  amending  section  1  thereof  to  read  as  follows,  after  the 
enacting  clause  thereof: 

§  1.  A  tax  shall  be  and  is  hereby  imposed  upon  the  transfer  of 
any  property,  real,  personal  or  mixed,  or  of  any  interest  therein  or  in- 
come therefrom,  in  trust  or  otherwise,  to  persons,  institutions  or  cor- 
porations, not  hereinafter  exempted,  in  the  following  cases. 

1.  When  the  transfer  is  by  will  or  by  the  intestate  laws  of  this 
State,  from  any  person  dying,  seized  or  possessed  of  the  property  while 
a  resident  of  the  State. 

2.  "When  the  transfer  is  by  will  or  intestate  laws  of  property  with- 
in the  State,  and  the  decedent  was  a  ■  non-resident  of  the  State  at  the 
time  of  his  death. 

3.  When  the  transfer  is  of  property  made  by  a  resident,  or  by 
a  non-resident  when  such  non-resident's  property  is  within  this  State, 
by  deed,  grant,  bargain,  sale  or  gift,  made  in  contemplation  of  the  death 
of  the  grantor,  vendor  or  donor,  or  intended  to  take  effect  in  possession 
or  enjoyment  at  or  after  such  death.  When  any  such  person,  institu- 
tion or  corporation  becomes  beneficially  entitled  in  possession  or  ex- 
pectancy to  any  property  or  income  therefrom,  by  any  such  transfer, 
whether  made  before  or  after  the  passage  of  this  Act. 

4.  Whenever  any  person,  institution  or  corporation  shall  exer- 
cise a  power  of  appointment  derived  from  any  disposition  of  property 
made-  either  before  or  after  the  passage  of  this  Act,  such  appointment, 
when  made,  shall  be  deemed  a  taxable  transfer  under  the  provisions  of 
this  Act,  in  the  same  manner  as  though  the  property  to  which  such  ap- 
pointment relates  belonged  absolutely  to  the  donee  of  such  power  and 
had  been  bequeathed  or  devised  by  such  donee  by  will ;  and  whenever  any 
person  or  corporation  possessing  such  a  power  of  appointment  so  de- 
rived shall  omit  or  fail  to  exercise  the  same  within  the  time  provided 
therefor,  in  whole  or  in  part,  a  transfer  taxable  under  the  provisions 
of  this  Act  shall  be  deemed  to  take  place  to  the  extent  of  such  omis- 
sion or  failure,  in  the  same  manner  as  though  the  persons  or  corpora- 
tions therebv  becoming  entitled  to  the  possession  or  enjoyment  of  the 
property  to  which  such  power  related  had  succeeded  thereto  by  a  will 


758  REVENUE. 


of  the  donee  of  the  power  failing  to  exercise  such  power,  taking  effect 
at  the  time  of  such  omission  or  failure. 

5.  Whenever  property,  real  or  personal,  is  held  in  the  joint  names 
of  two  or  more  persons,  or  is  deposited  in  banks  or  other  institutions  or 
depositories  in  the  joint  names  of  two  or  more  persons  and  payable 
to  either  or  the  survivor,  upon  the  -death  of  one  of  such  persons  the 
right  of  the  surviving  joint  'tenant  or  joint  tenants,  person  or  persons, 
to  the  immediate  ownership  or  possession  and  enjoyment  of  such  prop- 
erty shall  be  deemed  a  transfer  taxable  under  the  provisions  of  this 
Act  in  the  same  manner  as  though  the  whole  property  to  which  such 
transfer  relates  was  owned  by  said  parties  as  tenants  in  common  and 
had  heen  bequeathed  to  the  surviving  joint  tenant  or  joint  tenants,  per- 
son or  persons,  by  such  deceased  joint  tenant  or  joint  depositor  by  will. 

When  the  beneficial  interests  to  any  property  or  income  therefrom 
shall  pass  to  or  for  the  use  of  any  father,  mother,  lineal  ancestor  of 
decedent,  husband,  wife,  child,  brother  or  sister,  wife  or  widow  of  the 
son  or  the  husband  of  the  daughter,  or  any  child  or  children  legally 
adopted,  or  to  any  person  to  whom  the  deceased,  for  not  less  than  ten 
years  prior  to  death,  stood  in  the  acknowledged  relation  of  a  parent : 
Provided,  however,  such  relationship  began  at  or  before  said  person's 
fifteenth  birthday  and  was  continuous  for  said  ten  years  thereafter: 
And,  provided,  also,  that  one  of  the  parents  of  such  person  so  standing 
in  such  relation  shall  be  deceased  when  such  relationship  commenced, 
or  to  any  lineal  decendant  of  such  desendent  [decedent]  born  in  law- 
ful wedlock.     In  every  such  case  the  rate  of  tax  shall  be : 

One  per  cent  on  any  amount  up  to  and  including  the  sum  of  fifty 
thousand  dollars  in  excess  of  the  exemption: 

Two  per  cent  on  the  next  one  hundred  thousand  dollars  or  any 
part  thereof: 

Three  per  cent  on  the  next  one  hundred  thousand  dollars  or  any 
part  thereof: 

Five  per  cent  on  the  next  two  hundred  and  fifty  thousand  dollars 
or  any  part  thereof : 

Seven  per  cent  on  the  amount  representing  the  balance  of  such 
individual  transfer,  provided,  that  any  gift,  legacy,  inheritance,  trans- 
fer, appointment  or  interest  passing  to  a  father,  mother,  lineal  ancestor 
of  decedent,  husband,  wife,  child,  wife  or  widow  of  the  son  or  the  hus- 
band of  the  daughter,  or  any  child  or  children  legally  adopted  -or  to 
any  person  to  whom  the  deceased,  for  not  less  than  ten  years  prior  to 
death,  stood  in  the  acknowledged  relation  of  a  parent  as  above  pro- 
vided which  may  be  valued  at  a  less  sum  than  twenty  thousand  dollars 
shall  not  be  subject  to  any  such  duty  or  taxes  and  the  tax  is  to  be  levied 
in  such  cases  only  upon  the  excess  of  twenty  thousand  dollars  received 
by  each  person.  And  provided  further  that  any  gift,  legacy,  inheri- 
tance, transfer,  appointment  or  interest  passing  to  a  brother,  sister, 
which  may  be  valued  at  a  less  sum  than  ten  thousand  dollars  shall  not 
)ye  subject  to  any  such  duty  or  taxes  and  the  tax  is  to  be  levied  in  such 
cases  only  upon  the  excess  of  ten  thousand  dollars  received  by  each 
person. 


REVENUE.  759 


When  the  beneficial  interests  to  any  property  or  income  therefrom 
shall  pass  to  or  for  the  use  of  any  uncle,  aunt,  niece,  nephew  or  any 
lineal  decendant  of  such  uncle,  aunt,  niece  or  uephow.  !n  every  case  the 
rate  of  tax  shall  be: 

Three  per  cent  on  any  amount  up  to  and  including'  tin;  sum  of 
twenty  thousand  dollars,  in  excess  of  the  exemption. 

Tour  per  cent  on  the  next  fifty  thousand  dollars  or  aiiv  part  there- 
of: 

Six  per  cent  on  the  next  one  hundred  thousand  dollars  or  any 
part  thereof: 

Eight  per  cent  on  the  amount  representing  the  balance  of  each 
individual  transfer:  Provided  that  any  gift,  legacy,  inheritance,  trans- 
fer, appointment  or  interest  passing  to  an  uncle,  aunt,  niece,  nephew  or 
any  lineal  descendant  of  such  uncle,  aunt,  niece  or  nephew  which  may 
be  valued  at  a  less  sum  than  five  hundred  dollars  shall  not  be  subject 
to  any  such  duty  or  taxes  and  the  tax  is  to  be  levied  in  such  case  only 
upon  the  excess  of  five  hundred  dollars  received  by  such  uncle,  aunt, 
niece,  nephew  or  any  lineal  descendant  of  such  uncle,  aunt,  niece,  or 
nephew. 

In  all  other  cases  the  rate  of  .tax  shall  be  as  follows : 

Five  per  cent  on  any  amount  up  to  and  including  the  sum  of  twen- 
ty thousand  dollars  in  excess  of  the  exemption : 

Six  per  cent  on  the  next  thirty  thousand  dollars  or  anv  part  there- 
of: 

Eight  per  cent  on  the  next  fifty  thousand "  dollars  or  any  part 
thereof : 

Ten  per  cent  on  the  next  fifty  thousand  dollars  or  anv  part  there- 
of: 

Twelve  per  cent  on  the  next  one  hundred  thousand  dollars  or  any 
part  thereof: 

Fifteen  per  cent  on  the  amount  representing  the  balance  of  each 
individual  transfer:  provided  that  any  gift,  legacy,  inheritance,  trans- 
fer, appointment  or  interest  passing  to  such  nersons  which  may  be 
valued  at  a  less  sum  than  one  hundred  dollars  shall  not  be  subject 
to  any  such  duty  or  taxes  and  the  tax  is  to  be  levied  in  such  cases  only 
upon  the  excess  of  one  hundred  dollars  received  by  each  person. 

The  tax  imposed  hereby  shall  be  upon  the  clear  market  value  of 
such  property,  at  the  rates  hereinabove  prescribed. 

Approved  June  28.  191!). 


760  REVENUE. 


§    1.     Amends   sections    1,    2    and   5,   Act  §   2.     County   clerk   to   extend 

of   1897.  such  "levee  tax." 

§    1.     Rate    of   tax    limited    to  §   5.     Tax   for   corporate   pur- 

two-thirds  of  one  per  poses  not  affected, 

cent    for    levee    pur- 
posed —  warrants  —       §   2.     Amends  title  of  Act. 
proviso. 

(Senate   Bill   No.    543.     Approved   June    30.    1919.) 

An  Act  to  amend  sections  1, 2  and  5,  and  the  title  of  an  Act  entitled,  "An 
Act  to  enable  cities,  villages  and  towns  threatened  with  over-flows  or 
inundations  to  levy  taxes  by  vote  of  the  electors  thereof  in  excess  of 
two  per  cent  to  strengthen,  build,  raise  or  repair  the  levees  around 
same  and  to  issue  anticipation  warrants  on  such  taxes/'  approved 
June  11,  1897,  in  force  July  1,  1897. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  1,  2  and  5  of  an 
Act  entitled,  "An  Act  to  enable  cities,  villages  and  towns  threatened 
with  overflows  or  inundations  to  levy  taxes  by  vote  of  the  electors  thereof 
in  excess  of  two  per  cent  to  strengthen,  build,  raise  or  repair  the  levees 
around  same  and  to  issue  anticipation,  warrants  on  such  taxes,"  approved 
June  11,  1897,  in  force  July  1,  1897,  be  and  the  same  are  hereby 
amended  to  read  as  follows : 

§  1.  Be  it  enacted,  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  when  a  vote  has  been  taken,  or 
may  hereafter  be  taken,  at  a  city,  village  or  town  election,  resulting  in  a 
majority  of  the  legal  votes  cast  at  such  election  for  a  tax  to  build,  raise, 
strengthen  or  repair  the  levees  around  such  city,  village  or  town,  such 
tax  not  exceeding  the  rate  of  two-thirds  of  one  per  cent  per  annum,  to 
be  levied  annually  for  a  period  of  not  exceeding  seven  years  on  the 
taxable  property  of  such  cities,  villages  and  towns  now  protected  by 
levees  or  embankments,  or  that  may  be  deemed  necessary  to  protect  by 
levees  or  embankments  in  this  State,  it  shall  be  lawful  for  the  proper 
city,  village  or  town  authorities  of  such  cities,  villages  and  towns  to 
make  an  appropriation  by  an  ordinance  of  the  taxes  so  authorized  and 
for  such  city,  village  or  town  authorities  to  pass  an  ordinance  levying 
such  taxes  for  the  whole  period  so  authorized  by  such  vote  and  to  be 
annually  extended;  and  to  draw  anticipation  warrants  thereon  to  the 
amount  that  such  tax  levy  would  produce  based  on  the  assessment  of 
the  preceding  year,  of  all  the  taxable  property  of  such  city,  village  or 
town,  such  warrants  to  draw  interest  at  not  to  exceed  the  rate  authorized 
by  such  vote  authorizing  same,  not  exceeding  seven  per  cent  per  an- 
num :    Provided,  said  warrants  are  not  sold  below  par. 

§2.  It  shall  be  the  duty  of  the  county  clerk  of  the  county  in 
which  such  city,  village  or  town  is  located  to  annually  extend  each  year 
such  taxes,  when  an  ordinance  is  certified  to  him  making  such  levy,  the 
same  to  be  extended  at  the  rate  so  fixed  therein,  not  exceeding  two- 
thirds  of  one  per  cent,  nor  exceeding  seven  years,  and  to  extend  same  in 
a  separate  column  designated  "levee  tax." 

§  5.  Such  tax  so  authorized  shall  still  permit  the  levy  of  the  rate 
authorized  to  be  levied  for  corporate  purposes  annually. 


REVENUE.  761 


§  2.  The  title  of  said  Act  shall  be  and  the  same  is  hereby  amended 
to  read  as  follows :  "An  Act  to  enable  cities,  villages  and  towns  threat- 
ened with  overflows  or  inundations  to  levy  taxes  by  vote  of  the  electors 
thereof,  to  strengthen,  build,  raise  or  repair  the  levees  around  same  and 
to  issue  anticipation-  warrants  on  such  taxes." 

Approved  June  30,  1919. 


LEVEES. 

§    1.     Amends  section   1,  Act  of  1913.  §1.     Levees  —  rate    of    tax 

limited  to  sixty-six  and 
two-thirds  cents. 

(Senate   Bill   No.    544.     Approved   June    30.    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  enable  cities, 
villages  and  incorporated  toums  subject  to  or  threatened  with  overflow 
or  inundation  to  construct,  widen,  raise,  strengthen,  improve,  repair 
and  maintain  levees,  protective  embankments  and  structures,  to  levy 
and  collect  an  annual  tax  therefor  and  to  acquire  real  estate  and  ma- 
terials for  such  purposes,"  approved  and  in  force  June  26,  1913. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  section  one  of  an  Act  en- 
titled, "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,"  approved  and  in 
force  June  26,  1913,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly:  That  all  cities,  villages  and  incorporated  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  embank- 
ments and  structures  and  have  power  for  any  of  such  purposes  to  levy 
and  collect  annually  a  tax  of  not  exceeding  sixty-six  and  two-third? 
(66  2-3)  cents,  on  each  one  hundred  (100)  dollars  of  the  assessed 
valuation  of  all  the  taxable  property  within  their  respective  limits. 
Approved  June  30,  1919. 


LEVY  AND    COLLECTION   OF   TAXES. 

§    1.     Amends   section   202.   Act  of   1872.  §   202.     No  bid  for  penalty  shall 

exceed  ten  per  cent  of 
amount  of  tax. 

(House   Bill   No.    323.     Approved   June    30.    1919.) 

An  Act  to  amend  section  202  of  an  Act  entitled:  "An  Act  for  the 
assessment  of  property  and  for  the  levy  and  collection  of  taxes,"  ap- 
proved March  30,  1812,  in  force  July  1,  1S72,  as  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     Section  202  of  an  Act  entitled: 


762  REVENUE. 


"An  Act  for  the  assesment  of  property  and  for  the  levy  and  collection 
of  taxes,"  approved  March  30,  1872,  in  force  July  1,  1872,  as  amended, 
is  amended  to  read  as  follows : 

§  202.  The  person  at  such  sale  offering  to  pay  the  amount  due  on 
each  tract  or  lot  for  the  least  percentage  thereon  as  penalty,  shall  be 
the  purchaser  of  such  tract  or  lot :  Provided,  that  no  bid  shall  be  ac- 
cepted for  a  penalty  exceeding  ten  per  cent  (10%)  of  the  amount  of 
such  tax  or  special  assessment. 

Approved  June  30,  1919. 


LEVY  AND  COLLECTION  OP  TAXES. 

§    1.     Amends  section   224,   Act  of   1872.  §   224.     Deeds    executed    by 

county  clerk — sale  Lor 
delinquent   taxes. 

(House    Bill   No.    638.     Approved   June    28,    1919.) 

An  Act  to  amend  section  221^  of  an  Act  entitled,  "An  Act  for  the 
assessment  of  property  and  for  the  levy  and  collection  of  taxes"  ap- 
proved March  30,  1872,  in  force  July  1,  1872,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
for  the  assessment  of  property  and  for  the  levy  and  collection  of  taxes/' 
approved  March  30,  1872,  in  force  July  1,  1872,  as  amended,  be  and  the 
same  is  hereby  further  amended  by  amending  section  224  thereof,  so 
that  said  section  shall  read  as  follows: 

§  224.  Deeds  executed  by  the  county  clerk  as  aforesaid  shall  be 
prima  facie  evidence  in  all  controversies  and  suits  in  relation  to  the 
right  of  the  purchaser,  his  heirs  or  assigns,  to  the  real  estate  thereby 
conveyed  of  the  following  facts:  First — That  the  real  estate  conveyed 
was  subject  to  taxation  at  the  time  the  same  was  assessed,  and  had 
been  listed  and  assessed  in  the  time  and  manner  required  by  law. 
Second — That  the  taxes  or  special  assessments  were  not  paid  at  any  time 
before  sale.  Third — That  the  real  estate  conveyed  had  not  been  re- 
deemed from  the  sale  at  the  date  of  the  deed.  Fourth — That  the  real 
estate  was  advertised  for  sale  in  the  manner  and  for  the  length  of  time 
required  by  law.  Fifth— That  the  real  estate  was  sold  for  taxes  or 
special  assessments  as  stated  in  the  deed.  Sixth — That  the  grantee  in 
the  deed  was  the  purchaser  or  assignee  of  the  purchaser.  Seventh — 
That  the  sale  was  conducted  in  the  manner  required  by  law.  And  any 
judgment  for  the  sale  of  real  estate  for  delinquent  taxes  rendered  after 
the  passage  of  this  Act,  except  as  otherwise  provided  in  this  section, 
shall  estop  all  parties  from  raising  any  objections  thereto,  or  to  a  tax 
title  based  thereon,  which  existed  at  or  before  the  rendition  of  such 
judgment  or  decree,  and  could  have  been  presented  as  a  defense  to  the 
application  for  such  judgment  in  the  court  wherein  the  same  was  ren- 
dered, and  as  to  all  such  questions,  the  judgment  itself  shall  be  con- 
clusive evidence  of  its  regularity  and  validity  in  all  collateral  proceed- 
ings, except  in  cases  where  the  tax  or  special  assessments  have  been  paid, 
or  the  real  estate  was  not  liable  to  the  tax  or  assessment :  Provided, 
that  any  judgment  or  decree  of  court,  in  law  or  equit}',  setting  aside  any 
tax  deed  procured  under  this  Act.  or  restoring  the  owner  of  same  to 


KKVENUE.  763 


possession,  shall  provide  that  the  claimant  shall  pay  to  the  party  hold- 
ing such  tax  deed  the  following :  All  taxes  and  legal  costs,  as  provided 
by  law,  with  interest  at  five  per  cent  per  annum,  together  with  subsequent 
taxes  and  special  assessments  paid  and  the  statutory  fees  and  costs  in- 
curred; for  the  service  of  the  notices  provided  by  law  which  must  be 
served  by  holders  of  certificates  of  sale  to  occupants,  owners  or  parties 
interested  in  real  estate  sold  for  taxes,  the  sum  of  $3.00  for  each  lot, 
block,  tract  or  piece  of  land,  as  listed,  assessed  and  sold  in  one  des- 
cription; for  preparing  the  affidavit  of  compliance  with  laws  $1.00;  the 
actual  cost  paid  to  the  county  clerk  for  issuing  said  tax  deed;  the  actual 
cost  of  recording  said  tax  deed;  $1.00  for  publication  fees  for  each  lot, 
block,  tract,  or  piece  of  land  as  listed,  assessed  and  sold  in  one  des- 
cription. No  final  judgment  or  decree  of  court  in  any  case  either  at  law 
or  in  equity  or  in  proceedings  under  the  eminent  domain  Act  involving 
the  title  to  or  interest  in  any  land  in  which  such  party  holding  such  tax 
deed  shall  have  an  interest  or  setting  aside  any  tax  deed  procured  under 
this  Act  shall  be  entered  until  the  claimant  shall  make  reimbursement 
to  the  party  holding  such  tax  deed  and  payments  as  herein  provided  in 
so  far  as  it  shall  appear  that  the  holder  of  such  deed  or  his  assignors 
shall  have  properly  paid  or  be  entitled  to  in  procuring  such  deed. 
Approved  June  28.  1919. 


LEVY  AND  COLLECTION  OF  TAXES. 

§    1.     Amends   section   186,   Act   of   1872.  §    186.     Notice    by    registered 

mail   of    sale — fee   for 
same. 

(Senate  Bill  No.    259.     Filed  July   11,    1919.) 

An  Act  to  amend  an  Act  entitled:  "An  Act  for  the  assessment  of  prop- 
erly and  for  the  levy  and  collection  of  taxes/'  approved  March  30, 
1872,  in  force  July  1,  1872,  as  amended,  by  amending  section  186 
thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled:  "An  Act  for 
the  assessment  of  property  and  for  the  levy  and  collection  of  taxes," 
approved  March  30,  1872,  in  force  July  1,  1872,  as  amended,  is 
amended  by  amending  section  186  thereof  to  read  as  follows : 

§  186.  The  county  collector  shall  at  least  five  days  before  the 
date  of  sale  of  delinquent  lands  or  lots  upon  which  the  taxes  or  special 
assessments  remain  due  and  unpaid,  send  a  notice  by  registered  mail  to 
the  owner,  if  known,  or  if  not  known,  to  the  person  shown  by  the  col- 
lector's book  to  have  paid  the  taxes  or  special  assessments  on  such  lands 
or  lots  for  the  previous  year,  giving  notice  of  application  for  judgment 
and  sale  of  such  lands  or  lots,  and  date  of  sale,  describing  the  lands  or 
lots  and  the  amount  of  taxes  or  special  assessments  together  with  interest 
and  costs,  due  thereon.  For  such  notice  the  county  collector  shall  charge 
twentv  (20)  cents  to  be  taxed  and  collected  as  costs. 
Filed  July  11,  1919. 

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

Witness  my  hand  this  11th  day  of  July.  A.  D.  1919. 

Louis  L.  Emmersox.  Secretary  of  state. 


764  KEVENUE. 


LEVY   AND    COLLECTION   OF  TAXES. 

§    1.     Amends  sections  202  and  210,  Act  §   210.     Time  of  redemption — 

of   1872.  amount. 

§   202.     To  whom   sold  —  pen- 
alty  limited. 

(Senate   Bill   No.    260.     Approved  June   28,    1919.) 

An  Act  to  amend  sections  202  and  210  of  an  Act  entitled,  "An  Act  for 
the  assessment  of  property,  and  for  the  levy  and  collection  of  taxes," 
approved  March  30,  1872,  in  force  July  1,  1872,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  202  and  210  of  an  Act 
entitled,  "An  Act  for  the  assessment  of  property;,  and  for  the  levy  and 
collection  of  taxes,"  approved  March  30,  1872;  in  force  July  1,  1872,  as 
amended,  are  amended  to  read  as  follows : 

§  202.  The  person  at  such  sale  offering  to  pay  the  amount  due  on 
each  tract  or  lot  for  the  least  percentage  thereon  as  penalty,  shall  be 
the  purchaser  of  such  tract  or  lot :  Provided,  that  no  bid  shall  be 
accepted  for  a  penalty  exceeding  six  (6)  per  cent  of  the  amount  of  such 
tax  or  special  assessment. 

§  210.  Eeal  property  sold  under  the  provisions  of  this  Act  may 
be  redeemed  at  any  time  before  the  expiration  of  two  years  from  the 
date  of  sale,  by  payment  in  legal  money  of  the  United  States  to  the 
county  clerk  of  the  proper  county,  the  amount  for  which  the  same  was 
sold,  together  with  the  amount  of  the  penalty  bid  at  such  sale,  if 
redeemed  at  any  time  before  the  expiration  of  six  months  from  the  day 
of  sale;  if  between  six  and  twelve  months,  the  amount  for  which  the 
same  was  sold  together  with  twice  the  amount  of  the  penalty  bid;  if 
between  twelve  and  eighteen  months,  the  amount  for  which  the  same  was 
sold  together  with  three  times  the  amount  of  the  penalty  bid ;  if  between 
eighteen  months  and  two  years,  the  amount  for  which  the  same  was  sold 
together  with  four  times  the  amount  of  the  penalty  bid  at  said  sale. 
The  person  redeeming  shall  also  pay  the  amount  of  all  taxes  and  special 
assessments  accruing  after  such  sale  with  seven  (7)  per  cent  penalty 
thereon  in  all  cases  where  the  purchaser  at  the  tax  sale  or  his  assignee 
shall  pay  such  subsequent  tax  or  special  assessment  more  than  six 
months  after  such  tax  sale ;  and  it  is  hereby  made  the  duty  of  the  county 
clerk  to  include  the  amount  of  the  subsequent  taxes  or  special  assess- 
ments paid  by  the  purchaser  or  holder  of  the  tax  certificate  in  his  certifi- 
cate of  redemption :  Provided,  however,  that  the  county  clerk  shall  not 
be  required  to  include  any  subsequent  taxes  or  special  assessments  in  his 
certificate  of  redemption,  nor  shall  the  payment  thereof  be  a  charge 
upon  the  land  sold  for  taxes,  unless  the  purchaser,  assignee,  or  holder 
of  the  tax  certificate  of  sale  shall  have  filed  with  the  county  clerk,  before 
redemption,  an  official,  original  or  duplicate  tax  collector's  receipt  for 
the  payment  of  such  subsequent  taxes  or  special  assessments,  and  it  shall 
be  the  duty  of  the  tax  collector  to  furnish  such  duplicate  receipts.  If 
the  real  property  of  any  minor  heir,  idiot  or  insane  person  shall  be  sold 
for  non-payment  of  taxes  or  special  assessments,  the  same  may  be 
redeemed  at  any  time  after  sale  and  before  the  expiration  of  one  year 


REVENUE.  765 


after  such  disability  be  removed,  upon  the  terms  specified  in  this  section, 
and  upon  the  payment  of  ten  (10)  per  cent  per  annum,  the  amount  due 
including  penalties  from  and  after  the  expiration  of  two  years  from 
the  date  of  sale,  which  redemption  may  be  made  by  themselves,  or  by  any 
person  in  their  behalf.  Tenants  in  common  or  joint  tenants  shall  be 
allowed  to  redeem  their  individual  interests  in  real  property  sold  under 
the  provisions  of  this  Act,  in  the  same  manner  and  under  the  terms 
specified  in  this  section  for  the  redemption  of  other  real  property;  any 
redemption  made  shall  inure  to  the  benefit  of  the  person  having  the 
legal  or  equitable  title  to  the  property  redeemed,  subject  to  the  right  of 
the  person  making  the  same  to  be  reimbursed  by  the  person  benefited. 
Approved  June  28,  1919. 


LEVY   AND    COLLECTION    OF  TAXES. 
§   1.     Amends   section   155,   Act  of   1872.  §    155.     How   collections    made. 

.    (Senate  Bill  No.    348.     Approved  June   28,    1919.) 

An  Act  to  amend  section  155  of  "An  Act  for  the  assessment  of  prop- 
erty and  for  the  levy  and  collection  of  taxes/'  approved  March  SO, 
1812,  in  force  July  1,  1S72,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  155  of  "An  Act  for 
the  assessment  of  property  and  for  the  levy  and  collection  of  taxes," 
approved  March  30,  1872,  in  force  July  1,  1872,  as  subsequently 
amended,  be  and  the  same  hereby  is  amended  to  read  as  follows : 

§  155.  Every  town  collector,  and  every  county  collector,  in  cases 
where  there  is  no  town  collector,  upon  receiving  the  tax  book  or  tax 
books,  shall  proceed  to  collect  the  taxes  mentioned  herein :  Provided, 
that  it  shall  be  the  duty  of  every  county  collector  to  prepare  tax  receipts 
in  triplicate  for  all  taxes  assessed,  which  shall  be  filled  out  in  accordance 
with  the  requirements  of  section  163  of  this  Act,  one  copy  which  shall 
be  mailed  by  such  collector  at  least  thirty  days  prior  to  the  date  upon 
which  unpaid  real  estate  taxes  become  delinquent,  to  the  owner  of  the 
property  taxed,  or  to  the  person  in  whose  name  such  property  is  taxed, 
another  copy  of  which  shall  be  used  by  said  collector  in  receipting  for 
the  tax  paid,  and  the  remaining  copy  thereof  to  be  retained  by  such 
collector.  Provided,  further,  that  there  shall  be  printed  upon  each  such 
receipt,  or  upon  a  separate  slip  which  shall  be  mailed  to  each  person 
assessed  with  the  copy  of  the  receipt  hereinabove  provided,  a  statement 
of  the  rates  of  the  various  taxes  and  the  total  tax  rate.  Provided,  also, 
that  the  failure  or  "neglect  of  the  collector  to  mail  such  receipt,  or  the 
failure  of  the  taxpayer  to  receive  the  same,  shall  not  affect  the  validity 
of  any  tax,  or  the  liability  for  the  payment  thereof. 

Approved  June  28,  1919. 


'G6  REVENUE. 


LEVY   AND   COLLECTION   OF  TAXES. 

§    1.     Amends    sections     178,     182,     184,  §   184     Figures,    etc.,    used  — 

185  and  191,  Act  of  1872.  advertisement,   etc. 

§   178.     County    collector —  §   185.     When    application   for 

duties- — transfer     of  judgment       made, 

amounts.  etc. 

§    182.     Advertisement.  §   191.     Judgment  —  proceed- 

ing by  court. 

(Senate   Bill   No.    374.     Approved   June    28.    1919.) 

An  Act  to  amend  sections  178, 182, 18k,  185  and  191,  of  an  Act  entitled, 
"An  Act  for  the  assessment  of  property  and  for  the  levy  and  colleclion 
of  taxes/'  approved  March  30,  1812,  in  force  July  1,  1872,  as  sub- 
sequently amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Ilinois, 
represented  in  the  General  Assembly:  That  sections  178,  182,  184,  185 
and  191  of  an  Act  entitled,  "An  Act  for  the  assessment  of  property  and  for 
the  levy  and  collection  of  taxes,"  approved  March  30,  1872,  in  force 
July  1,  1872,  as  subsequently  amended,  be  and  the  same  are  hereby 
amended  so  that  said  sections  shall  read  respectively  as  follows: 

§  178.  When  any  special  assessment  made  by  any  city,  town  or 
village,  pursuant  to  its  charter,  or  by  any  corporate  authorities,  com- 
missioners or  persons,  pursuant  to  law,  remain  unpaid  in  whole  or  in 
part,  return  thereof  shall  be  made  to  the  county  collector  on  or  be- 
fore the  "tenth  day  of  March  next  after  the  same  shall  have  become 
payable,  in  like  forms  as  returns  are  made  for  delinquent  land  tax: 
Provided,  that  in  cities  having  a  population  of  one  hundred  thousand 
or  more  by  the  last  preceding  census  of  the  United  States  or  of  this 
State  such  return  may  be  made  on  or  before  the  first  day  of  August  for 
all  such  special  assessments  which  remain  unpaid  in  whole  or  in  part; 
Provided,  further  that  the  subsequent  advertisement,  judgment  and  sale 
of  property  on  account  of  delinquent  special  assessments,  as  hereinafter 
provided,  shall  be  regarded  as  supplemental  to  and  as  a  part  of  the  sale 
on  account  of  delinquent  taxes  of  the  year  in  which  the  said  supple- 
mental judgment  and  sale  is  ordered,  and  the  penalties  provided  by  law, 
shall  attach  to  both  general  taxes  and  special  assessments  in  like  manner 
as  if  there  were  only  one  judgment  and  order  of  sale.  County  collectors 
shall  collect,  account  for,  and  pay  over  the  same  to  the  authorities  or 
persons  having  authority  to  receive  the  same,  in  like  manner  as  they 
are  required  to  collect,  account  for  and  pay  over  taxes.  The  county 
collector  may,  upon  return  of  delinquent  special  assessments  to  him, 
transfer  the  amounts  thereof  from  such  returns  to  the  tax  books  in  his 
hands  setting  down  therein,  opposite  the  respective  tracts,  or  lots,  in 
proper  columns  to  be  prepared  for  that  purpose,  the  amounts  assessed 
against  such  tract  or  lot. 

§  182.  At  any  time  after  the  first  day  of  April  next  after  such  de- 
linquent taxes  and  special  assessments  on  lands  and  lots  shall  become 
due,  the  collector  shall  publish  an  advertisement,  giving  notice  of  the 
intended  application  for  judgment  for  sale  of  such  delinquent  lands 
and  lots,  in  a  newspaper  printed  and  published  in  his  county,  if  any  such 
there  he,  and  if-  there  he  no  such  paper  printed  and  published  in  his 


REVENUE.  ?6? 


county,  then  in  the  nearest  newspaper  in  this  State  to  the  county  seat 
of  such  county.  Said  advertisement  shall  be  once  published  at  least 
three  weeks  previous  to  the  term  of  the  County  Court  at  which  judgment 
is  prayed,  and  shall  contain  a  list  of  the  delinquent  lands  and  lots  upon 
which  the  taxes  or  special  assessments  remain  due  and  unpaid,  the 
names  of  owners,  if  known,  the  total  amount  due  thereon,  and  the  year 
or  years  for  which  the  same  are  due.     Such  collector  shall  give  notice 

that  he  will  apply  to  the  County  Court  at  the term 

thereof,  for  judgment  against  said  lands  and  lots  for  said  taxes,  special 
assessments,  interest  and  costs,  and  for  an  order  to  sell  said  lands  and 
lots  for  the  satisfaction  thereof ;  and  shall  also  give  notice  that,  on  the 

Monday  next  succeeding  the  day  fixed  by 

law  for  the  commencement  of  such  term  of  the  said  County  Court,  all  the 
lands  and  lots  for  the  sale  of  which  an  order  shall  be  made,  will  be  ex- 
posed to  public  sale  at  the  building  where  the  County  Court  is  held  in 
said  county,  for  the  amount  of  taxes,  special  assessments,  interest  and 
cost  due  thereon;  and  the  advertisement  published  according  to  the 
provisions  to  this  section  shall  be  deemed  to  be  sufficient  notice  of  the 
intended  application  for  judgment  and  of  the  sale  of  lands  and  lots 
under  the  order  of  said  court.  Where  the  publisher  of  any  paper  that 
may  have  been  selected  by  the  collector  shall  be  unable  or  unwilling  to 
publish  such  advertisement,  the  collector  shall  select  some  other  news- 
paper, having  clue  regard  to  the  circulation  of  such  paper.  Provided, 
that  in  cities  having  a  population  of  one  hundred  thousand  or  more  by 
the  last  preceding  census  of  the  United  States  or  of  this  State  separate 
advertisement  may  be  made  giving  notice  of  an  intended  application  for 
judgment  and  for  an  order  of  sale  on  account  of  delinquent  special 
assessments  at  any  time  after  the  first  day  of  August  next  after  such 
special  assessments  shall  have  become  delinquent,  the  procedure  in  such 
case  to  be  in  all  other  respects  except  as  to  the  time  of  making  adver- 
tisement, application  for  judgment  and  sale,  the  same  as  in  the  case  of 
delinquent  general  taxes." 

§  184.  In  all  advertisements  for  the  sale  of  lands  and  lots  for 
taxes  or  special  assessments,  and  in  entries  required  to  be  made  by  the 
clerk  of  the  court  or  other  officer,  letters,  figures  and  characters,  may 
be  used  to  denote  townships,  ranges,  sections,  parts  of  sections,  lots  or 
blocks,  or  parts  thereof,  the  year  or  the  years  for  which  the  taxes  were 
due,  and  the  amount  of  taxes,  special  assessments,  interest  and  costs; 
and  the  whole  of  the  advertisement  shall  be  contained  in  one  edition  of 
such  newspaper  and  its  supplement,  if  such  supplement  is  necessary: 
Provided,  that  nothing  contained  in  this  section  shall  prevent  the 
county  collector  from  subsequently  advertising  and  obtaining  judgment 
on  lands  or  lots  that  may  have  been  omitted  through  no  fault  of  the 
collector,  or  that  may  have  been  erroneously  advertised  or  described  in 
the  first  advertisement;  and,  provided,  further,  that  in  cities  having  a 
population  of  one  hundred  thousand  •  or  more  by  the  last  preceding 
census  of  the  United  States  or  of  this  State  the  advertisement  for  the 
sale  of  lands  and  lots  for  -special  assessments  may  be  made  separately 
from  the  advertisement  for  the  sale  of  lands  and  lots  for  taxes  and  on 
a  different  date  and  edition  of  such  newspaper." 


768  REVENUE. 


§  185.  All  applications  for  judgment  and  order  of  sale  for  taxes 
and  special  assessments  on  delinquent  lands  and  lots  shall  be  made  at 
the  June  term  of  the  County  Court  except  in  the  case  of  special  assess- 
ments in  cities  having  a  population  of  one  hundred  thousand  or  more  by 
the  last  preceding  census  of  the  United  States  or  of  this  State.  If  from 
any  cause  the  court  shall  not  be  holden  at  the  term  at  which  judgment 
is  prayed,  the  cause  shall  stand  continued,  and  it  shall  not  be  necessary 
to  readvertise  the  list  or  notice  required  by  law  to  be  advertised  before 
judgment  and  sale,  but  at  the  next  regular  term  thereafter  the  court 
shall  hear  and  determine  the  matter;  and  if  judgment  is  rendered  the 
sale  shall  be  made  on  the  Monday  specified  in  the  notice  as  provided  in 
section  182,  such  Monday  to  be  fixed  by  the  county  collector  in  the 
notice.  If  for  any  cause  the  collector  is  prevented  from  advertising  and 
obtaining  judgment  at  said  term  it  shall  be  held  to  be  legal  to  obtain 
judgment  at  any  subsequent  term  of  said  court;  but  if  the  failure  arises 
by  the  county  collector's  not  complying  with  any  of  the  requirements  of 
this  Act,  he  shall  be  held  on  his  official  bond  for  the  full  amount  of  all 
taxes  and  special  assessments  charged  against  him :  Provided,  that  any 
such  failure  on  the  part  of  the  county  collector  shall  not  be  allowed  as  a 
valid  objection  to  the  collection  of  any  tax  or  assessment,  or  to  a  rendi- 
tion of  a  judgment  against  any  delinquent  lands  or  lots  included  in  the 
application  of  the  county  collector;  and,  provided,  further,  that  on  the 
application  for  judgment  at  such  subsequent  term  it  shall  not  be 
deemed  necessary  to  set  forth  or  establish  the  reasons  of  such  failure: 
And,  provided,  further,  that  in  counties  where  Probate  Courts  have  been 
or  may  hereafter  be  established  it  shall  be  lawful  to  make  such  applica- 
tion for  judgment  and  order  of  sale  to  the  May  term  of  the  County 
Court.  In  cities  having  a  population  of  one  hundred  thousand  or  more 
by  the  last  preceding  census  of  the  United  States  or  of  this  State,  no 
application  for  judgment  against  any  lot,  block,  tract  or  parcel  of  land 
for  unpaid  special  taxes  or  special  assessments  shall  be  made  before  the 
September  term  of  court.  The  application  for  judgment  upon  delin- 
quent special  assessments  or  special  taxes  in  each  year  shall  include  only 
such  special  assessments,  special  taxes,  or  installments  •  thereof,  and 
interest,  as  shall  have  been  returned  as  delinquent  to  the  county  col- 
lector on  or  before  the  first  day  of  August  in  the  year  in  which  said 
application  is  made,  and  marked  on  the  general  tax  books  of  the  county 
collector  on  or  before  the  tenth  day  of  March  of  the  same  year.  Pro- 
vided, that  such  judgment  of  sale  shall  include  interest  on  matured 
installments  up  to  the  date  of  such  judgment." 

§  191.  The  court  shall  examine  said  list,  and  if  defense  (specify- 
ing, in  writing,  the  particular  cause  of  objection)  be  offered  by  any 
person  interested  in  any  of  said  lands  or  lots,  to  the  entry  of  judgment 
against  the  same,  the  court  shall  hear  and  determine  the  matter  in  a 
summary  manner,  without  pleadings,  and  shall  pronounce  judgment  as 
the  right  of  the  case  may  be.  The  court  shall  give  judgment  for  such 
taxes  and  special  assessments  and  penalties  as  shall  appear  to  be  due, 
and  such  judgment  shall  be  considered  as  a  several  judgment  against 
each  tract  or  lot  or  part  of  a  tract  or  lot,  for  each  kind  of  tax  or  special 


REVENUE.  769 


assessment  included  therein;  and  the  court  shall  direct  the  clerk  to 
make  out  and  enter  an  order  for  the  sale  of  such  real  property  against 
which  judgment  is  given,  which  "shall  be  substantially  in  the  following 
form : 

Whereas,  due  notice  has  been  given  of  the  intended  application  for 
a  judgment  against  said  lands  and  lots,  and  no  sufficient  defense  having 
been  made,  or  cause  shown  why  judgment  should  not  be  entered  against 
said  lands  and  lots,  for  taxes  (special  assessments,  "if  any),  interest, 
penalties  and  costs  due  and  unpaid  thereon  for  the  year  or  years  herein 
set  forth,  therefore  it  is  considered  by  the  court  that  judgment  be  and 
is  hereby  entered  against  the  aforesaid  tract  or  tracts,  or  lots  of  land, 
or  parts  of  tracts  or  lots  (as  the  case  may  be),  in  favor  of  the  People 
of  the  State  of  Illinois,  for  the  sum  annexed  to  each,  being  the  amount 
of  taxes  (and  special  assessments,  if  any),  interest,  penalties  and  costs 
due  severally  thereon;  and  it  is  ordered  by  the  court  that  the  said 
several  tracts  or  lots  of  land,  or  so  much  of  each  of  them  as  shall  be 
sufficient  to  satisfy  the  amount  of  taxes  (and  special  assessments,  if 
any),  interest,  penalties  and  costs  annexed  to  them  severally,  be  sold 
as  the  law  directs. 

Said  order  shall  be  signed  by  the  judge.  In  all  judicial  proceedings 
of  any  kind,  for  the  collection  of  taxes  and  special  assessments,  all 
amendments  may  be  made  which,  by  law,  could  be  made  in  any  personal 
action  pending  in  such  court,  and  no  assessment  of  property  or  charge 
for  any  of  said  taxes  shall  be  considered  illegal  on  account  of  any  irregu- 
larity in  the  tax  lists  or  assessment  rolls,  or  on  account  of  the  assess- 
ment rolls  or  tax  lists  not  having  been  made,  completed  or  returned 
within  the  time  required  by  law,  or  on  account  of  the  property  having 
been  charged  or  listed  in  the  assessment  or  tax  list  without  name,  or  in 
any  other  name  than  that  of  the  rightful  owner;  and  no  error  or  in- 
formality in  the  proceedings  of  any  of  the  officers  connected  with  the 
assessment,  levying  or  collecting  of  the  taxes,  not  affecting  the  sub- 
stantial justice  of  the  tax  itself,  shall  vitiate  or  in  any  manner  affect 
the  tax  or  the  assessment  thereof;  and  any  irregularity  or  informality 
in  the  assessment  rolls  or  tax  lists,  or  in  any  of  the  proceedings  con- 
nected with  the  assessment  or  levy  of  such  taxes,  or  any  omission  or 
defective  act  of  any  officer  or  officers  connected  with  the  assessment  or 
levying  of  such  taxes,  may  be,  in  the  discretion  of  the  court,  corrected, 
supplied  and  made  to  conform  to  law  by  the  court,  or  by  the  person 
(in  the  presence  of  the  court)  from  whose  neglect  or  default  the  same 
was  occasioned. 

Provided,  that  where  separate  advertisement  and  application  for 
judgment  and  order  of  sale  is  made  on  account  of  delinquent  special 
taxes  or  special  assessments  in  cities  having  a  population  of  one  hundred 
thousand  or  more  by  the  last  preceding  census  of  the  United  States  or 
of  this  State  the  procedure  shall  in  all  respects  be  the  same  as  in  this 
section  prescribed,  except  that  there  shall  be  two  separate  judgments  and 
orders  for  sale,  the  first  on  account  of  delinquent  general  taxes  and  the 
second  on  account  of  delinquent  special  taxes  and  snecinl  assessments. 

Approved  June  28,  1919. 
—49  L 


770  REVENUE. 


LEVY   AND    COLLECTION   OF  TAXES. 

§   1,     Amends  section  2,  Act  of  1872.  §   2.     Property     exempt     from 

taxation. 

(Senate  Bill  No.  489.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  for  the  assessment  of  prop- 
erty and  for  the  levy  and  collection  of  taxes,"  approved  March  30, 
1812,  in  force  July  1,  1872,  as  subsequently  amended,  by  amending 
section  two  (2)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
for  the  assessment  of  property  and  for  the  levy  and  collection  of  taxes," 
approved  March  30,  1872,  in  force  July  1,  1872,  as  amended  by  sub- 
sequent Acts,  be  and  the  same  is  hereby  amended  by  amending  section 
(2)  thereof,  so  that  said  section,  when  amended,  shall  read  as  follows: 

§  2.  All  property  described  in  this  section,  to  the  extent  herein 
limited,  shall  be  exempt  from  taxation,  that  is  to  say: 

First — All  lands  donated  by  the  United  States  for  school  purposes, 
not  sold  or  leased;  all  property  of  schools,  including  the  real  estate  on 
which  the  schools  are  located,  not  leased  by  such  schools  or  otherwise 
used  with  a  view  to  profit. 

Second — All  property  used  exclusively  for  religious  purposes,  or 
used  exclusively  for  school  and  religious  purposes  or  for  orphanages 
and  not  leased  or  otherwise  used  with  a  view  to  profit. 

Third — All  lands  used  exclusively  as  graveyards  or  grounds  for 
burying  the  dead. 

Fourth — All  unentered  government  lands;  all  public  buildings  or 
structures  of  whatsoever  kind,  and  the  contents  thereof,  and  the  land  on 
which  the  same  are  located  belonging  to  the  United  States. 

Fifth — All  property  of  every  kind  belonging  to  the  State  of  Illi- 
nois. 

Sixth — All  property  belonging  to  any  county,  village,  or  city  used 
exclusively  for  the  maintenance  of  the  poor;  all  swamp  or  overflowed 
lands  belonging  to  any  county,  so  long  as  the  same  remain  unsold  by 
such  county;  all  public  buildings  belonging  to  any  county,  township, 
city  or  incorporated  town,  with  the  ground  on  which  such  buildings  are 
erected;  all  property  owned  by  any  city  or  village  located  within  the 
incorporated  limits  thereof;  except  as  heretofore  been  leased  or  may 
hereafter  be  leased  by  such  city  or  village  to  lessees  who  are  bound  under 
the  terms  of  the  lease  to  pay  the  taxes  on  such  property.  All  property 
owned  by  any  city  or  village  located  outside  the  incorporated  limits 
thereof  but  within  the  same  county  when  used  for  the  purposes  of  a 
tuberculosis  sanitarium,  farm  colony  in  connection  with  a  house  of  cor- 
rection, or  nursery,  garden  or  farm  for  the  growing  of  shrubs,  trees, 
flowers,  vegetables  and  plants  for  use  in  beautifying,  maintaining  and 
operating,  play  grounds,  parks,  parkways,  public  grounds,  buildings  and 
institutions  owned  or  controlled  by  such  city  or  village ;  and  all  property 
owned  by  any  city  or  village  outside  of  the  corporate  limits  of  same  used 
exclusively  for  municipal  purposes. 

Seventh — All  property  of  institutions  of  public  charity,  all  property 
of   beneficent    and    charitable    organizations,    whether    incorporated   in 


REVENUE.  771 


this  or  in  any  other  State  of  the  United  States  and  all  property  of  old 
people's  homes  when  such  property  is  actually  and  exclusively  used  for 
such  charitable  or  beneficent  purposes,  and  not  leased  or  otherwise  used 
with  a  view  to  profit;  and  all  free  public  libraries. 

Eighth — All  fire  engine [s]  or  other  implements  used  for  the  ex- 
tinguishment of  fires,  with  the  buildings  used  exclusively  for  the  safe 
keeping  thereof,  and  the  lot  of  reasonable  size  on  which  the  building  is 
located,  when  belonging  to  any  city,  village  or  town. 

Ninth — All  market  houses,  public  squares  or  other  public  grounds 
used, exclusively  for  public  purposes;  all  works,  machinery  and  fixtures 
belonging  exclusively  to  any  town,  village  or  city,  used  exclusively  for 
conveying  water  to. such  town,  village  or  city;  all  works,  machinery  and 
fixtures  of  drainage  districts,  when  used  exclusively  for  pumping  water 
from  the  ditches  and  drains  of  such  district  for  drainage  purposes. 

Tenth — All  property  which  may  be  used  exclusively  by  societies 
for  agricultural,  horticultural,  mechanical  and  philosophical  purposes, 
and  not  for  pecuniary  profit. 

Approved  June  28,  1919. 


LEVY  AND  COLLECTION  OF  TAXES. 

§   1.     Amends  section  121,  Act  of  1872.  §   121.     County   board   to    deter- 

mine amount  of 
county  taxes  to  be 
raised. 

(Senate  Bill  No.    554.     Approved  June   30,    1919.) 

An  Act  to  amend  section  121  of  an  Act  entitled,  "An  Act  for  the  assess- 
ment of  property  and  for  the  levy  and  collection  of  taxes"  approved 
March  30,  1872,  in  force  July  1,  1872,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  121  of  an  Act 
entitled,  "An  Act  for  the  assessment  of  property  and  for  the  levy  and 
collection  of  taxes,"  approved  March  30,  1872,  in  force  July  1,  1872,  as 
subsequently  amended,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

§  121.  The  county  board  of  the  respective  counties  shall,  annually, 
at  the  September  session,  determine  the  amount  of  all  county  taxes  to  be 
raised  for  all  purposes.  The  aggregate  amount  shall  not  exceed  the  rate 
of  fifty  cents  on  the  hundred  dollars  valuation,  except  for  the  payment 
of  indebtedness  existing  at  the  adoption  of  the  present  State  constitu- 
tion, unless  authorized  by  a  vote  of  the  people  of  the  county.  When  for 
several  purposes,  the  amount  for  each  purpose  shall  be  stated  separately : 
Provided,  however,  that  in  all  counties  where,  under  any  law,  the  county 
board  is  or  may  be  required  to  pass  an  annual  appropriation  bill  within 
the  first  quarter  of  the  fiscal  year,  the  tax  levy  above  provided  for  may 
be  made  at  any  time  after  such  annual  appropriation  bill  shall  be  in  full 
force  and  effect. 

Approved  June  30,  1919. 


772  REVENUE. 


LEVY  AND  EXTENSION  OF  TAXES. 
§    1.     Amends  section  2,  Act  of  1901.  §   2.     Tax  levy  and  extension. 

(Senate  Bill  No.   561.     Approved  June   30,    1919.) 

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  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  2  of  an  Act  en- 
titled, "An  Act  concerning  the  levy  and  extension  of  taxes,"  approved 
May  9,  1901,  in  force  July  1,  1901,  as  subsequently  amended,  be  and 
the  same  is  hereby  further  amended  to  read  as  follows : 

§  2.  The  county  clerk  in  each  county  shall  ascertain  the  rates  per 
cent  required  to  be  extended  upon  the  assessed  valuation  of  the  taxable 
property  in  the  respective  towns,  townships,  districts,  incorporated  cities 
and  villages  in  his  county,  as  equalized  by  the  State  Board  of  Equaliza- 
tion for  the  current  year,  to  produce  the  several  amounts  certified  for 
extension  by  the  taxing  authorities  in  said  county  (as  the  same  shall 
have  been  reduced  as  hereinbefore  provided  in  all  cases  where  the 
original  amounts  exceed  the  amount  authorized  by  law)  :  Provided, 
however,  that  if  the  aggregate  of  all  taxes  (exclusive  of  State  taxes, 
township  taxes,  village  taxes,  levee  taxes,  public  tuberculosis  sanitarium 
taxes,  pension  fund  taxes,  school  building  taxes,  high  school  taxes,  dis- 
trict school  taxes  and  all  other  school  taxes  in  school  districts  having  not 
more  than  100,000  inhabitants,  road  and  bridge  taxes,  and  taxes  levied 
for  the  payment  of  the  principal  of  and  the  interest  on  bonded  indebted- 
ness of  cities,  and  for  the  payment  of  the  principal  of  and  the  interest 
on  park  bonds  hereafter  issued,  and  exclusive  of  taxes  levied  pursuant 
to  the, mandate  or  judgment  of  any  court  of  record  on  any  bonded 
indebtedness),  certified  to  be  extended  against  any  property  in  any  part 
of  any  taxing  district  or  municipality,  shall  exceed  two  per  cent  of  the 
assessed  valuation  thereof  upon  which  the  taxes  are  required  to  be 
extended,  the  rate  per  cent  of  the  tax  levy  of  such  taxing  district  or 
municipality  shall  be  reduced  as  follows :  The  county  clerk  shall  reduce 
the  rate  per  cent  of  the  tax  levy  of  such  taxing  district  or  municipality 
in  the  same  proportion  in  which  it  would  be  necessary  to  reduce  the 
highest  aggregate  per  cent  of  all  the  tax  levies  (exclusive  of  State 
taxes,  township  taxes,  village  taxes,  levee  taxes,  public  tuberculosis  sani- 
tarium taxes,  pension  fund  taxes,  school  building  taxes,  high  school 
taxes,  district  school  taxes  and  all  other  school  taxes  in  school  districts 
having  not  more  than  100,000  inhabitants,  road  and  bridge  taxes,  and 
taxes  levied  for  the  payment  of  the  principal  of  and  the  interest  on 
bonded  indebtedness  of  cities,  and  for  the  payment  of  the  principal  of 
and  the  interest  on  park  bonds  hereafter  issued,  and  exclusive  of  taxes 
levied  pursuant  to  the  mandate  or  judgment  of  any  court  of  record  on 
any  bonded  intebtedness),  certified  for  extension  upon  any  of  the  tax- 
able property  in  said  taxing  district  or  municipality,  to  bring  the  same 
down  to  two  per  cent  of  the  assessed  value  of  said  taxable  property  upon 
which  said  taxes  are  required  by  law  to  be  extended :  Provided,  further, 
that  in  reducing  tax  levies  hereunder  from  the  taking  effect  of  this  Act 


REVENUE.  773 


to  and  including  the  year  A.  D.  1921  the  rate  per  cent  of  the  tax  levy 
for  county  purposes  in  counties  having  a  population  of  over  300,000 
shall  not  be  reduced  below  a  rate  of  thirty-six  and  two-third  cents  on 
each  one  hundred  dollars  assessed  value  (exclusive  of  levies  to  pay  the 
principal  of  and  interest  on  bonded  indebtedness  and  judgments  and 
Mothers'  Pension  Fund),  and  thereafter  shall  not  be  reduced  below  a 
rate  of  thirty  cents  on  each  one  hundred  dollars  assessed  value  (exclusive 
of  levies  to  pay  the  principal  and  interest  on  bonded  indebtedness,  judg- 
ments and  Mothers'  Pension  Fund),  and  in  counties  having  a  popula- 
tion of  less  than  300,000  the  rate  of  the  1ax  levy  for  county  purposes 
shall  not  be  reduced  below  a  rate  of  fifty  cents  on  each  one  hundred  dol- 
lars assessed  value  (exclusive  of  levies  to  pay  the  principal  of  and 
interest  on  bonded  indebtedness  and  judgments),  and  the  rate  per  cent 
of  the  tax  levy  for  city  or  village  purposes  (exclusive  of  library,  public 
tuberculosis  sanitarium,  pension  fund,  school  and  park  purposes  and 
exclusive  of  the  taxes  levied  for  the  payment  of  the  principal  of  and 
the  interest  on  bonded  indebtedness  in  cities  and  villages  having  a 
population  of  over  150,000  shall  not  be  reduced  below  a  rate  of  one 
dollar  and  forty-three  and  one-third  cents  ($1.43%)  on  each  one  hun- 
dred dollars  assessed  value,  and  the  rate  per  cent  of  the  school  tax  for 
educational  purposes  shall  not  be  reduced  below  a  rate  of  one  dollar  and 
twenty  cents  on  each  one  hundred  dollars  assessed  value,  and  the  rate 
per  cent  of  the  tax  levy  for  library  purposes  shall  not  be  reduced  below 
a  rate  of  five  and  one-third  cents  on  each  one  hundred  dollars  assessed 
value,  and  the  rate  per  cent  of  the  tax  levy  for  city  or  village  purposes 
(exclusive  of  library,  school  and  park  purposes,  and  exclusive  of  the 
taxes  levied  for  the  payment  of  the  principal  of  and  the  interest  on 
bonded  indebtedness  and  judgments)  in  cities  and  villages  having  a 
population  of  less  than  150,000,  shall  not  be  reduced  below  a  rate  of  one 
dollar  and  thirty-three  and  one-third  cents  ($1.33%)  on  each  one  hun- 
dred dollars  assessed  value,  and  the  rate  per  cent  of  the  school  tax  levy 
for  educational  purposes  shall  not  be  reduced  below  the  maximum  rate 
allowed  by  law  and  the  rate  per  cent  of  the  tax  levy  for  park  purposes 
in  districts  organized  and  existing  under  an  Act  entitled  "An  Act  to 
provide  for  the  creation  of  pleasure  driveway  and  park  districts,"  ap- 
proved June  19,  1893,  in  force  July  1,  1893,  shall  not  be  reduced  below 
a  rate  of  forty  cents  on  each  one  hundred  dollars  assessed  value  (ex- 
clusive of  levies  to  pay  the  principal  and  interest  on  bonded  indebted- 
ness and  judgments),  but  the  other  taxes  which  are  subject  to  reduction 
under  this  section  shall  be  subject  only  to  such  reduction,  respectively, 
as  would  be  made  therein  under  this  section  if  this  proviso  were  not 
inserted  herein:  And,  provided,  further,  in  reducing  tax  levies  here- 
under, all  school  taxes  levied  in  cities  exceeding  150,000  inhabitants, 
with  the  exception  of  the  levy  for  school  building  purposes,  shall  be 
included  in  the  taxes  to  be  reduced. 

The  rate  per  cent  of  the  tax  levy  of  every  county,  city,  village,  town, 
township,  park  district,  sanitary  district,  road  district,  and  other  public 
authorities  (except  the  State),  shall  be  ascertained  and  determined  (and 
reduced  when  necessary  as  above  provided)  in  the  manner  hereinbefore 


774  REVENUE. 


specified,  and  shall  then  be  extended  by  the  county  clerk  upon  the 
assessed  value  of  the  property  subject  thereto  (being  one-half  of  the  full 
value  thereof)  as  equalized  according  to  law.  In  reducing  the  rate  per 
cent  of  any  tax  levy  as  hereinbefore  provided,  the  rates  per  cent  of  all 
tax  levies  certified  to  the  county  clerk  for  extension  as  originally  ascer- 
tained and  determined  under  section  1  of  this  Act,  shall  be  used  in 
ascertaining  the  aggregate  of  all  taxes  certified  to  be  expended  without 
regard  to  any  reduction  made  therein  under  this  section:  Provided, 
that  no  reduction  of  any  tax  levy  made  hereunder  shall  diminish  any 
amount  appropriated  by  corporate  or  taxing  authorities  for  the  payment 
of  the  principal  or  interest  on  bonded  debt,  or  levied  pursuant  to  the 
mandate  or  judgment  of  any  court  of  record.  And  to  that  end  every 
such  taxing  body  shall  certify  to  the  county  clerk,  with  its  tax  levy,  the 
amount  thereof  required  for  any  such  purposes. 

In  case  of  a  reduction  hereunder  any  taxing  body  whose  levy  is 
affected  thereby  and  whose  appropriations  are  required  by  law  to  be 
itemized,  may,  after  the  same  have  been  ascertained,  distribute  the 
amount  of  such  reduction  among  the  items  of  its  appropriations,  with 
the  exceptions  aforesaid,  as  it  may  elect.  If  no  such  election  is  made 
within  three  months  after  the  extension  of  such  tax,  all  such  items, 
except  as  above  specified,  shall  be  deemed  to  be  reduced  pro  rata. 

Approved  June  30,  1919. 


LIBRARIES. 

§   1.     Amends  sections  1,  10  and  13,  Act  §   10.     Petition    —    notice    — 

of  1872.  election. 

§     1.     City  council   may  levy  §  13.     Duty    of    board    of    di- 

tax — rate.  rectors. 

(Senate   Bill,  No.    419.     Approved  June   30,    1919.) 

An  Act  to  amend  sections  1,  10  and  13  of  an  Act  entitled,  "An  Act  to 
authorize  cities,  incorporated  towns  and  townships  to  establish  and 
maintain  free  public  libraries  and  reading  rooms,"  approved  and  in 
force  March  7,  1872,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  1,  10  and  13  of  an 
Act  entitled,  "An  Act  to  auhorize  cities,  incorporated  towns  and  town- 
ships to  establish  and  maintain  free  public  libraries  and  reading  rooms," 
approved  and  in  force  March  7,  1872,  as  subsequently  amended,  be  and 
the  same  are  hereby  further  amended  so  that  said  sections  shall  read, 
respectively,   as  follows : 

§  1.  That  the  city  council  of  each  incorporated  city,  whether 
organized  under  general  law  or  special  charter  shall  have  power  to 
establish  and  maintain  a  public  library  and  reading  room  for  the  use 
and  benefit  of  the  inhabitants  of  such  city,  and  may  levy  a  tax  of  not  to 
exceed  one  and  one-third  mills  on  the  dollar  annually  on  all  the  taxable 
property  in  the  city:  Provided,  that  in  cities  of  over  one  hundred 
thousand  inhabitants  after  the  year  1896,  such  tax  shall  not  exceed  two- 
thirds  of  one  mill  on  the  dollar  annually,  such  tax  to  be  levied  and 
collected  in  like  manner  with  the  general  taxes  of  said  city,  and  to  be 


REVENUE.  775 


known  as  a  library  fund;  Provided,  that  said  annual  library  tax  in 
cities  of  over  fifteen  hundred  inhabitants  shall  not  be  included  in  the 
aggregate  amount  of  taxes  as  limited,  by  section  one  (1)  of  Article 
eight  (8)  of  "An  Act  for  the  incorporation  of  cities  and  villages,"  ap- 
proved April  10,  1872,  and  the  amendatory  Acts  thereto,  or  by  any  pro- 
vision of  any  special  charter  under  which  any  city  in  this  State  is  now 
organized. 

§  10.  When  fifty  legal  voters  of  any  incorporated  town,  village  or 
township  shall  present  a  petition  to  the  clerk  of  the  town,  village  or 
township  (or  trustee  of  schools  in  counties  not  under  township  organ- 
ization) asking  that  an  annual  tax  may  be  levied  for  the  establishment 
and  maintenance  of  a  free  public  library  in  such  town  or  township,  and 
shall  specify  in  their  petition  a  rate  of  taxation  not  to  exceed  one  and 
one-third  mills  on  the  dollar,  such  clerk  (or  trustee  of  schools  in  counties 
not  under  township  organization)  shall,  in  the  next  legal  notice  of  the 
regular  annual  election,  in  such  town,  village  or  township,  or  of  a 
special  election  called  for  that  purpose,  give  notice  that  at  such  election 

every  elector  may  vote  "For  a mill  tax  for  a  free 

public  library"  or  "Against  a   mill  tax  for  a  free 

public  library,"  specifying  in  such  notice  the  rate  of  taxation  mentioned 
in  said  petition;  and  if  the  majority  of  all  the  votes  cast  in  such  town, 
village  or  township  shall  be  "For"  the  tax  for  the  free  public  library,  the 
tax  specified  in  such  notice  shall  be  levied  and  collected  in  like  manner 
with  other  general  taxes  of  said  town,  village  or  township,  and  shall  be 
known  as  the  "Library  Fund :"  Provided,  that  such  tax  shall  cease  in  case 
the  legal  voters  of  any  such  town,  village  or  township  shall  so  determine 
by  a  majority  vote,  at  any  annual  election  held  therein;  and  the  cor- 
porate authorities  of  such  towns  or  villages  may  exercise  the  same 
powers  conferred  upon  the  corporate  authorities  of  cities  under  this  Act : 
And,  provided,  further,  that  whenever  the  petition,  signed  and  filed 
with  such  clerk  (or  trustee  of  schools  in  counties  not  under  township 
organization)  as  above  provided,  shall  request  the  holding  of  a  special 
election  for  the  purpose  of  voting  upon  the  proposition  of  authorizing 
the  levy  of  said  specified  tax  for  a  free  public  library,  such  clerk  (or 
trustee  of  schools)  shall  promptly  call  such  election  in  the  manner 
provided  by  law  for  the  calling  of  elections  in  such  village,  town  or 
township. 

§  13.  Whenever  any  board  of  directors  of  any  public  library 
organized  under  the  provisions  of  the  Act,  of  which  this  is  an  amend- 
ment, shall  determine  to  erect  a  building  to  be  used  for  their  library, 
or  to  purchase  a  site  for  the  same,  o.r  both,  or  to  accumulate  a  fund  for 
the  erection  of  such  building,  or  to  pay  for  a  library  site,  or  both,  they 
may  do  so  as  follows: 

The  directors  shall  cause  a  plan  for  such  building  to  be  prepared 
and  an  estimate  to  be  made  of  the  cost,  and  if  site  is  to  be  provided  for 
the  same,  they  shall  also  cause  an  estimate  to  be  made  of  the  cost  of  such 
site;  they  may  then  determine  the  time  or  years  over  which  they  will 
spread  the  collection  of  the  cost  of  such  building,  or  site,  or  both,  not 
exceeding  twenty  (20)  years  and  shall  make  a  record  of  their  said 
proceedings  and  transmit  a  copy  thereof  to  the  city  council  for  its  ap- 


776  REVENUE. 


proval.  If  the  city  council  shall  approve  the  action  of  the  board  it  may, 
in  its  own  discretion,  by  ordinance  provide  that  bonds  of  the  city  be 
issued  for  the  payment  of  the  cost  (so-estimated  as  aforesaid)  of  the 
said  building,  or  site,  or  both,  in  which  event  the  said  ordinance  shall 
also  state  the  time  or  times  when  such  bonds,  and  the  interest  thereon, 
shall  become  payable :  Provided,  that  the  whole  of  the  principal  of  such 
bonds  and  the  interest  thereon  shall  be  payable  within  twenty  (20) 
years;  Provided,  further,  that  the  interest  on  such  bonds  shall  not 
exceed  the  rate  of  five  (5)  per  cent  per  annum;  but  the  said  interest 
may  be  made  payable  at  such  times  (annually  or  semi-annually)  as  the 
said  ordinance  shall  prescribe.  Provided,  always,  that  in  case  the  city 
council  shall  provide  for  such  payment  by  the  issuance  of  bonds  it  shall 
make  provision  at  or  before  the  issuance  thereof,  by  ordinance,  which 
shall  be  irrepealable,  for  the  levy  and  collection  of  a  direct  annual  tax 
upon  all  the  taxable  property  within  such  city  sufficient  to  meet  the 
principal  and  interest  of  said  bonds  as  the  same  mature,  which  tax 
shall  be  in  addition  to  that  otherwise  authorized  to  be  levied  and  col- 
lected for  corporate  purposes.  If  however,  the  said  council  shall  not 
provide  that  bonds  of  the  city  be  issued  as  and  for  the  purposes  afore- 
said but  shall  otherwise  approve  the  action  of  the  said  board,  then  the 
board  shall  divide  the  total  cost  of  said  building,  or  site  or  both  into 
as  many  parts  as  they  shall  determine  to  spread  the  collection  thereof, 
and  shall  certify  the  amount  of  one  of  said  parts  to  the  city  council 
each  and  every  year  during  the  time  or  terms  over  which  they  shall 
have  determined  to  spread  the  collection  of  the  cost  of  such  building, 
or  site  or  both. 

The  city  council  on  receiving  the  said  last  mentioned  certificate 
shall,  in  its  next  annual  appropriation  bill,  include  the  amount  so 
certified,  and  shall  for  the  amount  so  certified,  levy  and  collect  a  tax  to 
pay  the  same  with  the  other  general  taxes  of  the  city:  Provided,  the 
said  levy  shall  not  exceed  three  and  one-third  mills  on  the  dollar  in  any 
one  year  and  shall  not  be  levied  oftener  than  for  the  number  of  years 
into  which  the  library  board  in  those  cases  where  bonds  are  not  issued, 
as  aforesaid,  shall  have  divided  the  cost  of  said  building,  or  site,  or  both ; 
and  Avhen  collected  as  last  aforesaid  the  tax  shall  cease. 

Approved  June  30,  1919. 


LOCAL,    IMPROVEMENTS. 

§   1.     Amends  sections  33a  and  33b,  Act  §   33b.  Public     benefit     tax 

of   1897.  limited   to   two   mills 

— public  benefit  fund 
§   33a.  Tax  for  "Public  Bene-    .  — warrants, 

fit  Fund"  limited  to 
two  -  thirds  of  one 
cent — proviso  —  war- 
rants. 

(Senate  Bill  No.    542.     Approved  June   30,   1919.) 

An  Act  to  amend  sections  33a  and  33b  of  an  Act  entitled,  "An  Act 
concerniny  local  improvements,"  approved  June  Ik,  1897,  in  force 
July  1,  1897,  as  subsequently  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  sections  33a  and  33b  of 


KEVENUE.  777 


an  Act  entitled,  "An  Act  concerning  local  improvements,"  approved 
June  14,  1897,  in  force  July  1,  1897,  as  subsequently  amended,  be  and 
the  same  are  hereby  further  amended  to  read  respectively  as  follows : 

§  33a.  Any  city,  village  or  incorporated  town  having  over  15,000 
inhabitants,  owning  and  operating  a  waterworks  and  sewage  system, 
and  not  within  any  sauitary  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  municipality  for  public  benefits,  it  shall  be  lawful  for  such  munici- 
pality to  provide  by  ordinance  for  the  levy,  in  addition  to  the  taxes  now 
authorized  by  law,  a  direct  annual  tax  for  not  exceeding  twenty  suc- 
cessive years  and  not  exceeding  two-thirds  of  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  as  for  paying  any  such  amounts  as  may  be 
hereafter  so  assessed  for  such  benefits  under  and  in  pursuance  of  any 
ordiance  [ordinance]  that  may  be  hereafter  passed :  Provided,  however, 
that  no  such  tax  shall  be  levied  in  excess  of  four  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  incorporated  towns  to 
submit  certain  ordinances  authorizing  the  issue  of  bonds,  except  to 
refund  any  bonded  indebtedness  to  the  voters  of  any  such  city,  village 
or  incorporated  town,"  approved  June  4,  1909,  in  force  July  1,  1909, 
and  Acts  amendatory  thereof,  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  war- 
rants 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,  and  all  amendments  thereto. 

§  33-B.  Any  city,  village  or  incorporated  town  having  over  15,000 
and  not  more  than  200,000  inhabitants,  may  provide  by  ordinance  for 
the  levy  in  addition  to  the  taxes  now  authorized  by  law,  a  direct  annual 
tax  for  not  exceeding  twenty  successive  years  and  not  exceeding  two 
mills  on  the  dollar,  of  all  taxable  property  in  such  city,  town  or  village, 


778  REVENUE. 


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  a  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  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. 

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  war- 
rants 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,  and  all  amendments  thereto. 

Approved  June  30,  1919. 


MONUMENTS  AND  MEMORIALS. 

§   1.     May   levy   tax   for   erection   of        §3.     Number  of  signatures  required, 
monuments  and  memorials. 

§   2.     Form  of  petition  to  be  submitted. 

(Senate  Bill,  No.    134.     Approved  May   10,    1919.) 

An  Act  to  authorize  cities,  villages  and  incorporated  towns  having  a 
population  of  less  than  one  hundred  thousand  to  erect  monuments  and 
memorials. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  provisions  of  this 
Act  any  city,  village  or  incorporated  town  having  a  population  of  less 
than  one  hundred  thousand  shall  have  power  to  erect  monuments  or 
memorials  in  honor  of  their  soldiers  and  sailors  or  in  honor  of  any  one 
or  more  of  its  notable  or  distinguished  persons,  and  to  defray  the  cost  of 
constructing  such  monuments  or  memorials  shall  have  power  to  levy 
a  direct  tax  of  not  more  than  six  cents  upon  each  one  hundred  dollars 
($100)  of  all  taxable  property  within  the  jurisdiction  thereof.  The  tax 
hereby  provided  for  shall  be  levied  in  addition  to  the  taxes  now  autho- 
rized by  law  to  be  levied  and  collected  by  any  such  city,  village  or  in- 
corporated town  and  shall  not  be  included  in  the  aggregate  of  all  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,  as  amended. 

§  2.  Upon  the  presentation  to  the  clerk  of  any  city,  village  or  in- 
corporated town  having  a  population  of  less  than  one  hundred  thousand, 
of  a  petition,  as  hereinafter  provided,  the  question  of  erecting  any 
monument  or  memorial  as  provided  in  this  Act,  shall  be  submitted  to 
the  voters  of  such  city,  village  or  incorporated  town  at  the  next  regular 
election  thereiD  :  Provided,  that  such  question  shall  not  be  submitted 
to  the  voters  at  any  election  held  less  than  thirty  days  after  the  filing 
of  the  petition  with  such  clerk. 


REVENUE.  779 


The  question  of  erecting  any  monument  or  memorial  under  the 
provisions  of  this  Act  shall  be  printed  on  the  ballot  in  substantially  the 
following  form : 


1 

Proposition  of  erecting  a  monument  or  memo- 

fdr  whom  to  be  erected)  of  the  (insert  name 
of  city,  village  or  incorporated  town)  at  a 

J 

Yes 

No 

If  the  question  so  submitted  shall  be  ratified  by  a  majority  of  all 
votes  cast  at  said  election  it  shall  be  the  duty  of  city  council  or 
board  of  trusees,  as  the  case  may  be,  to  erect  or  cause  to  be  erected 
such  monument  or  memorial  and,  if  necessary,  to  levy  and  collect,  in 
the  same  manner  as  other  general  taxes  are  levied  and  collected,  a  tax 
•sufficient  to  raise  the  amount  specified  in  the  petition. 

§  3.  The  petition  herein  provided  for  shall  be  signed  by  not  less 
than  one  hundred  legal  voters  of  the  city,  village  or  incorporated  town 
in  which  the  question  of  erecting  any  monument  or  memorial  under  the 
provisions  in  this  Act  is  to  be  voted  upon.  The  petition  shall  state  the 
specific  purpose  for  which  the  proposed  monument  or  memorial  is  to 
be  built,  whether  in  honor  of  the  soldiers  and  sailors  of  such  city,  village 
■or  incorporated  town  or  in  honor  of  any  one  or  more  of  its  notable  and 
distinguished  persons,  and  shall  specify  the  amount  of  money  to  be 
expended  for  the  construction  of  the  proposed  monument  or  memorial : 
Provided,  that  the  cost  of  any  such  monument  or  memorial  shall  not 
exceed  six  cents  on  each  one  hundred  dollars  ($100)  of  all  taxable 
property  within  the  jurisdiction  of  such  city,  village  or  incorporated 
lown. 

Approved  May  10,  1919. 


MONUMENTS  AND   MEMORIALS. 

§  1.     Amends  sections   1  and  3,  Act  of  §   3.     Petition — to    specify 

1919.  amount     to     be     ex- 

pended. 
§   1.     Tax  levy — rate. 

(Senate  Bill  No.   558.     Approved  June   30,    1919.) 

An  Act  to  amend  section  1  and  section  3  of  an  act  entitled,  "An  Act 
to  authorize  cities,  villages  and  incorporated  towns  having  a  popu- 
lation of  less  than  one  hundred  thousand  to  erect  monuments  and 
memorials,"  approved  May  10,  1919. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
■represented  in  the  General  Assembly:  That  section  1  and  section  3  of 
an  Act  entitled,  "An  Act  to  authorize  cities,  villages  and  incorporated 
towns  having  a  population  of  less  than  one  hundred  thousand  to  erect 
monuments  and  memorials,"  approved  May  10,  1919,  be  and  the  same 
.are  hereby  respectively  amended  to  read  as  follows: 


780  REVENUE. 


§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  Subject  to  the  provisions  of  this  Act 
any  city,  village  or  incorporated  town  having  a  population  of  less  than 
one  hundred  thousand  shall  have  power  to  erect  monuments  or  memor- 
ials in  honor  of  their  soldiers  and  sailors  or  in  honor  of  any  one  or  more 
of  its  notable  or  distinguished  persons,  and  to  defray  the  cost  of  con- 
structing such  monuments  or  memorials  shall  have  power  to  levy  a 
direct  tax  of  not  more  than  four  cents  upon  each  one  hundred  dollars 
($100)  of  all  taxable  property  within  the  jurisdiction  thereof.  The 
tax  hereby  provided  for  shall  be  levied  in  addition  to  the  taxes  now 
authorized  by  law  to  be  levied  and  collected  by  any  such  city,  village 
or  incorporated  town  and  shall  not  be  included  in  the  aggregate  of  all 
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,  as  amended. 

§  3.  The  petition  herein  provided  for  shall  be  signed  by  not  less 
than  one  hundred  legal  voters  of  the  city,  village  or  incorporated  town 
in  which  the  question  of  erecting  any  monument  or  memorial  under 
the  provisions  in  this  Act  is  to  be  voted  upon.  The  petition  shall  state 
the  specific  purpose  for  which  the  proposed  monument  or  memorial  is 
to  be  built  whether  in  honor  of  the  soldiers  and  sailors  of  such  city, 
village  or  incorporated  town,  or  in  honor  of  any  one  or  more  of  its 
notable  and  distinguished  persons,  and  shall  specify  the  amount  of 
money  to  be  expended  for  the  construction  of  the  proposed  monument 
or  memorial:  Provided,  that  the  cost  of  any  such  monument  or 
memorial  shall  not  exceed  four  cents  on  each  one  hundred  dollars  ($100) 
of  all  taxable  property  within  the  jurisdiction  of  such  city,  village  or 
incorporated  town. 

Approved  June  30,  1919. 


MOTHER'S  PENSION  ACT. 

§   1.     Amends  section  16,  Act  of  1913.  §   16.     Tax    levy    provided — 

limited  to  three   years. 

(Senate   Bill  No.   26.     Approved  June   21,    1919.) 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  provide  for 
the  partial  support  of  mothers  whose  husbands  are  dead  or  have  be- 
come permanently  incapacitated  for  work  by  reason  of  physical  or 
mental  infirmity  when  such  mothers  have  children  under  fourteen 
years  of  ac    ?nd  are  residents  of  the  county  in  which  application  for 
relief  is  mn,,.,     and  also  to  provide  for  the  probationary  visitation, 
care  and  supervision  of  the  family  for  whose  benefit  such  support  is 
provided/'  approved  June  30,  1913,  in  force  July  1,  1913,  as  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     Section  16  of  an  Act  entitled, 
"An  Act  to  provide  for  the  partial  support  of  mothers  whose  husbands 
are  dead  or  have  become  permanently  incapaciated  for  work  by  reason 
of  physical  or  mental  infirmity  when  such  mothers  have  children  under 
fourteen  years  of  age  and  are  residents  of  the  county  in  which  appli- 
cation for  relief  is  made:   and  also  to  provide   for  the  probationary 


KEVENUE.  781 


visitation,  care  and  supervision  of  the  family  for  whose  benefit  such 
support  is  provided;''  approved  June  30,  1913,  in  force  July  1,  1913  as 
amended,  is  amended  to  read  as  follows : 

§  16.  The  county  board  in  each  county  shall  levy  a  tax  of  not 
to  exceed  one  mill  on  the  dollar  annually  on  all  taxable  property  in  the 
county,  in  counties  having  a  population  of  not  more  than  300,000  in- 
habitants, and  not  to  exceed  four-tenths  of  a  mill  annually  on  all  tax- 
able property  in  the  county,  in  counties  having  a  population  of  over 
300,000  inhabitants,  such  tax  to  be  levied  and  collected  in  like  manner 
with  the  general  taxes  of  such  county,  and  to  be  known  as  a  Mothers' 
Pension  Fund;  which  said  tax  shall  be  in  addition  to  all  other  taxes 
which  such  county  is  now,  or  hereafter  may  be  authorized  to  levy  on 
the  aggregate  valuation  of  all  property  within  such  county,  and  the 
county  clerk,  in  reducing  tax  levies  under  the  provisions  of  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  subsequently  amended, 
shall  not  consider  the  tax  for  said  mothers'  pension  fund,  authorized 
by  this  Act,  as  a  part  of  the  general  tax  levy  for  county  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. 
The  provision  of  this  section  relating  to  the  power  to  levy  taxes,  how- 
ever, shall  extend  only  for  a  period  of  three  years  beginning  with  the 
year  A.  D.  1919. 

Approved  June  21,  1919. 


MOTHER'S  PENSION. 
§   1.     Amends  section  16,  Act  of  1913.  §   16.     Tax  levy — rate. 

(Senate  Bill  No.    557.     Approved  June   30,    1919.) 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  provide 
for  the  partial  support  of  mothers  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  residents  of  the  county  in  which  application  for 
relief  is  made;  and  also  to  provide  for  the  probationary  visitation,  care 
and  supervision  of  the  family  for  whose  benefit  such  support  is  pro- 
vided," approved  June  30,  1913,  in  force  July  1,,  1913,  as  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     Section  16  of  an  Act  entitled, 
"An  Act  to  provide  for  the  partial  support  of  mothers  whose  husbands 
are  dead  or  have  become  permanently  incapacitated  for  work  by  reason 
of  physical  or  mental  infirmity  when  such  mothers  have  children  undsr 
fourteen  years  of  age  and  are  residents  of  the  county  in  which  applica- 
tion for  relief  is  made;  and  also  to  provide  for  the  probationary  visita- 
tion, care  and  supervision  of  the  family  for  whose  benefit  such  support 
is  provided,"  approved  June  30,  1913,  in  force  July  1,  1913,  as  amended, 
is  amended  to  read  as  follows: 

"§  16.     The  county  board  in  each  county  shall  levy  a  tax  not  to 
exceed  two-thirds  of  one  mill  on  the  dollar  annually  on  all  taxable  prop- 


782  .  REVENUE. 


erty  in  the  county,  in  counties  having  a  population  of  not  more  than 
300,000  inhabitants,  and  not  to  exceed  four-fifteenths  of  a  mill  annually 
on  all  taxable  property  in  the  county,  in  counties  having  a  population 
of  over  300,000  inhabitants,  such  tax  to  be  levied  and  collected  in  like 
manner  with  the  general  taxes  of  such  county,  and  to  be  known  as  a 
Mothers'  Pension  Fund;  which  said  tax  shall  be  in  addition  to  all  other 
taxes  which  such  county  is  now,  or  hereafter  may  be  authorized  to  levy 
on  the  aggregate  valuation  of  all  property  within  such  county,  and  the 
county  clerk,  in  reducing  tax  levies  under  the  provisions  of  section  2  of 
an  Act  entitled,  'An  Act  concerning  the  levy  and  extension  of  taxes',  ap- 
proved May  9,  1901,  in  force  July  1,  1901,  as  subsequently  amended, 
shall  not  consider  the  tax  for  said  mothers'  pension  fund,  authorized  by 
this  Act,  as  a  part  of  the  general  tax  levy  for  county  purposes,  and 
shall  not  include  the  same  in  the  limitation  of  two  (2)  per  cent  of  the 
assessed  valuation  upon  which  taxes  are  required  to  be  extended.  The 
provisions  of  this  section  relating  to  the  power  to  levy  taxes,  however, 
shall  extend  only  for  a  period  of  three  years,  beginning  with  the  year 
A:  D.  1919." 


Approved  June  30,  1919. 


MUNICIPAL    COLISEUMS. 

§    1.     Amends   sections   1   and   3,   Act   of  §    3.     When   tax    to   be   levied 

1913.  — use    of   certain   real 

estate. 
§  1.  Tax  rate  limited  to  two 
mills  for  establish- 
ment and  two-thirds 
of  one  mill  for  main- 
tenance —  known  as 
"Municipal  Coliseum 
Fund." 

(Senate  Bill  No.    549.     Approved  June  30,   1919.) 

An  Act  to  amend  sections  1  and  3  of  an  Act  entitled,  "An  Act  to  enable 
cities  and  villages  having  a  population  not  to  exceed  five  hundred 
thousand  (500,000),  to  establish  and  maintain  public  and  municipal 
coliseums,"  approved  June  27,  1913,  in  force  July  1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  1  and  3  of  an  Act 
entitled,  "An  Act  to  enable  cities  and  villages  having  a  population  not 
to  exceed  five  hundred  thousand  (500,000),  to  establish  and  maintain 
public  and  municipal  coliseums,"  approved  June  27,  1913,  in  force  July 
1,  1913,  be  and  the  same  are  hereby  amended  to  read,  respectively,  as 
follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented 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  amuse- 
ment purposes  for  the  benefit  of  the  inhabitants  of  such  cities  or 
villages,  and  the  city  councils  of  such  cities,  and  the  board  of  trustees 
of  such  villages,  for  the  purpose  aforesaid,  shall  have  the  power  and 


REVENUE.  ?83 


authority  to  levy  a  tax  not  to  exceed  two  mills  on  the  dollar,  for  the 
establishment  of  such  coliseums,  and  thereafter  annually  levy  a  tax  not 
to  exceed  two-thirds  of  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. 

§  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  two  mills  on  the  dollar  for  the  estab- 
lishment of  such  a  municipal  coliseum  in  such  city  or  village,  and 
thereafter  may  annually  levy  a  tax  not  to  exceed  two-thirds  of  one  mill 
on  the  dollar  for  the  maintenance  thereof.  The  city  council  of  any 
such  city,  or  the  board  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. 


Approved  June  30,  1919. 


MUSEUMS    AND    PARKS. 

§    1.     Amends  section  2,  Act  of  1893.  §   2.     Park    commissioners    may 

levy     tax     to     maintain 
museums. 

(Senate  Bill  No.  429.     Approved  June  30,  1919.) 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  concerning 
museums  in  public  parks,"  approved  June  17,  1893,  in  force  July  1, 
1893,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  2  of  an  Act  entitled, 
"An  Act  concerning  museums  in  public  parks,"  approved  June  17,  1893, 
in  force  July  1,  1893,  as  subsequently  amended,  be  and  the  same  is 
hereby  further  amended  to  read  as  follows : 

§  2. .  That  any  board  of  park  commissioners,  having  control  of  a 
public  park,  within  which  there  shall  be  maintained  any  museum  or 
museums  of  art,  sciences  or  natural  history,  under  the  provisions  of  this 
Act,  is  hereby  authorized  to  annually  levy  a  tax  (in  addition  to  all 
other  taxes  authorized  by  law)  of  one-third  of  one  mill  on  each  dollar 
of  taxable  property  embraced  in  said  district,  according  to  the  valuation 
of  the  same  as  made  for  the  purpose  of  State  and  county  taxation  by  the 
general  assessment  last  preceding  the  time  when  sucn  one-third  of  one 
mill  tax  shall  be  levied  for  the  purpose  of  maintaining  and  caring  for 
such  museum  or  museums  and  the  buildings  and  grounds  thereof;  and 
the  proceeds  of  such  additional  tax  shall  be  kept  as  a  separate  fund: 
Provided,  the  proposition  to  annually  levy  a  tax  as  herein  authorized 


784  REVENUE. 


shall  first  be  submitted  to  a  vote  of  the  legal  voters  of  such  park  district 
and  receive  a  majority  of  the  votes  cast  upon  such  proposition. 
Approved  June  30,  1919. 


PARK  COMMISSIONERS. 

§   1.     Amends  section  16,  Act  of  1869.  §   16.     Town  of  West  Chicago — 

tax  of  one-third  of  one 
mill  for  boulevard  and 
park  purposes — money 
placed  to  credit  of 
board. 

(Senate  Bill  No.    525.     Approved  June   30,    1919.) 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  amend  the 
the  charter  of  the  City  of  Chicago,  to  create  a  Board  of  Park  Commis- 
sioners, and  authorize  a  tax  in  the  town  of  West  Chicago,  and  for 
other  purposes,"  approved  and  in  force  February  27,  1869. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  16  of  an  Act  en- 
titled, "An  Act  to  amend  the  charter  of  the  City  of  Chicago,  to  create 
a  Board  of  Park  Commissioners,  and  authorize  a  tax  in  the  town  of 
West  Chicago,  and  for  other  purposes,"  approved  and  in  force  February 
27,  1869,  be  and  the  same  is  hereby  amended  to  read  as  follows : 

§  16.  The  adoption  of  the  proposition  for  boulevard  and  parks  as 
hereinafter  specified,  shall  be  deemed  and  taken  to  be  the  consent  of  the 
said  town  of  West  Chicago  to  the  imposition  of  an  annual  tax  of  one- 
third  (Yq)  of  one  (1)  mill  for  boulevard  and  park  purposes  as  herein- 
after provided.  It  shall  be  the  duty  of  the  clerk  of  the  County  Court 
of  Cook  County  to  set  down,  in  the  general  tax  warrants  of  each  year, 
for  the  collection  of  State  and  county  taxes,  in  a  separate  column,  a  tax 
of  one- third  (%)  of  one  (1)  mill,  to  be  styled  "Boulevard  and  Park 
Tax,"  which  is  hereby  levied  upon  all  the  taxable  property  in  said  town 
of  West  Chicago,  and  shall  be  set  down,  in  said  column,  the  amount  of 
said  tax  chargeable  to  the  several  persons,  corporations,  lots  or  parcels 
of  land  liable  for  taxes  in  said  town;  and  the  collector  shall  proceed 
to  collect  the  same,  in  the  manner  now  provided  by  law  for  the  collec- 
tion of  State  and  county  taxes;  and  all  the  provisions  of  law  in  respect 
to  the  collection  of  State  and  county  taxes,  and  proceedings  to  enforce 
the  same,  so  far  as  applicable,  shall  apply  to  said  assessments  and  taxes. 
The  said  sums  of  money  shall  be  placed  by  the  treasurer  of  said  county 
of  Cook  to  the  credit  of  said  board,  and  shall  be  drawn  by  said  board 
from  the  county  treasury,  by  a  warrant  signed  by  the  president  and 
secretary  of  the  board,  and  countersigned  by  the  auditor  to  be  appointed 
as  aforesaid,  and  in  no  other  way.  The  appointment  of  such  auditor 
shall  be  first  certified  by  such  president  and  secretary,  and  filed  in  the 
office  of  said  treasurer  of  Cook  County. 
Approved  June  30,  1919. 


REVENUE.  ',.-;."> 


PARK  EMPLOYES'   ANNUITY  AND  BENEFIT  FUND. 

§      1.     Fund  created.  §    18.     Widow's  annuity. 

§      2.     Retirement  board  created.  §    19.     Annuity  privilege. 

§      3.     Additional  tax  levy.  §   20.     Annuity — children   eligible. 

§      4.     Definitions.  §   21.     Amounts  of  children's  annuities. 

§      5.     Duties  of  retirement  board.  §   22.     Sickness  and  accident  fund — who 

shall  be  contributors. 
§      6.     Duties  of  employer. 

§  23.     Sickness   and   accident   fund 
§      7.     Oath.  — amounts  contributed. 

§      8.     Management  of  funds.  §   24.     Amount  of  sickness  and  accident 

benefit. 
§      9.     Investments. 

§   25.     Modification    when    salaries     not 
§    10.     Funds  established.  on  annual  basis. 

§11.     Amounts  contributed.  §   26.     Disability  provisions. 

§   12.     Supplementary  annuities  of  pres-        §    27.     Annuities  on  account  of  disability 
ent  employes.  or  death. 

§    13.     Amounts  contributed  by  employe.        §   28.     Effect    of    workmen's    compensa- 
tion. 
§14.     Annuity     privilege     before     sixty 

years  of  age.  §    29.     Refunds. 

§   15.     Annuity   privilege   future   entrant        §   30.     Absence    from    service, 
after  sixty  years  of  age. 


§    16.     Annuity     privilege,     present     em- 
ploye, sixty  years  of  age.  §   32.     Benefits     exempt     from     attach- 


§   31.     General  provisions. 

enefits 
ment. 


§   17.     Modification. 

(Senate  Bill,  No.    461.     Approved  June   21,    1919.) 

An  Act  entitled,  "An  Act  to  'provide  for  the  creation,  setting  apart, 
formation,  administration  and  disbursement  of  a  Park  Employees' 
Annuity  and  Benefit  Fund." 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  whenever  any  persons  who 
have  been  or  may  be  appointed  or  otherwise  selected  as  commissioners 
or  officers  and  constitute  a  board  of  park  commissioners  for  any  one  or 
more  towns  whether  said  towns  have  heretofore  existed  or  now  exist, 
under  and  in  pursuance  of  an  Act  or  Acts  of  the  General  Assembly  of 
this  State,  for  the  purpose  of  locating,  establishing,  and  enclosing,  im- 
proving or  maintaining  any  public  park,  boulevard,  driveway,  or  high- 
way or  other  public  work  or  improvement,  and  such  board  of  park 
commissioners  employs  [employ]  any  persons  who  are  or  who  shall  be 
appointed  to  their  positions  under  and  by  virtue  of  an  Act  entitled,  "An 
Act  relating  to  the  civil  service  in  park  systems,"  approved  June  10, 
1911,  in  force  July  1,  1911,  as  subsequently  amended,  an  annuity  and 
benefit  fund  shall  be  created,  maintained,  administered  and  disbursed 
in  the  manner  described  in  this  Act  for  such  employes  and  the  widows 
and  children  of  such  employes  and  for  other  employes  of  any  such 
board  of  park  commissioners  and  the  widows  and  children  of  such 
other  employes,  provided,  however,  that  this  Act  shall  not  apply  to  any 
person  employed  in  any  position  exempt  from  the  provisions  of  the 
said  Act  relating  to  civil  service  unless  such  person  shall  make  applica- 

—50  L 


T86  REVENUE. 


tion  to  be  included  among  those  to  whom  this  Act  shall  apply  within 
ninety  days  from  the  date  when  this  Act  comes  in  force  and  effect.  This 
Act  shall  not,  in  any  event,  apply  to  any  policeman  employed  by  any 
such  board  of  park  commissioners  nor  to  temporary  employes,  nor  to 
any  person  employed  in  any  position,  the  duties  whereof  will  not  permit 
of  service  in  excess  of  seven  hundred  and  fifty  hours  during  any 
calendar  year. 

§2.  A  board  composed  of  seven  members  to  be  chosen  as  herein- 
after specified  shall  be  and  constitute  a  board  of  trustees  authorized  to 
carry  out  the  provisions  of  this  Act,  and  charged  with  the  duty  of 
administering  the  annuity  and  benefit  fund  herein  provided  for.  Such 
board  of  trustees  shall  be  known  as  the  Eetirement  Board  of  the  Park 
Employes'  Annuity  and  Benefit  Fund. 

The  custodian  of  said  fund  shall  be  a  person  who  shall  be  appointed 
annually  by  the  said  Eetirement  Board  from  among  the  treasurers  of 
the  boards  of  park  commissioners  included  under  the  provisions  of  this 
Act. 

On  or  before  July  10,  1919,  three  persons  shall  be  appointed  by  the 
boards  of  park  commissioners  included  under  the  provisions  of  this  Act 
as  members  of  said  Eetirement  Board,  as  follows : 

The  board  of  South  Park  Commissioners  shall  appoint  a  person  to" 
serve  for  a  term  of  three  years,  the  board  of  West  Chicago  Park  Com- 
missioners shall  appoint  a  person  to  serve  for  a  period  of  two  years, 
the  board  of  Lincoln  Park  Commissioners  shall  appoint  a  person  to  serve 
for  a  period  of  one  year.  When  any  terms  for  which  such  an  appoint- 
ment shall  have  been  made  shall  have  expired,  the  board  of  park  com- 
missioners who  appointed  the  person  whose  term  has  expired  shall 
appoint  a  successor  to  such  person  for  a  term  of  three  years. 

On  or  before  July  20,  1919,  the  boards  of  park  commissioners  in- 
cluded under  the  provisions  of  this  Act  shall  arrange  for  and  hold  an 
election,  at  which  all  employes  of  said  boards  of  park  commissioners 
who  are  included  under  the  provisions  of  this  Act  shall  be  entitled  to 
vote  and  at  which  the  ballot  shall  be  of  secret  character,  for  the  election 
of  four  members  of  said  Eetirement  Board  who  shall  be  employes  of 
such  boards  of  park  commissioners.  At  such  election,  one  employee  who 
shall  be  an  employee  of  the  Lincoln  Park  Commissioners  shall  be  chosen 
for  a  term  of  three  years  and  until  his  successor  shall  have  been  elected 
and  qualified,  one  employee  who  shall  be  an  employee  of  the  South  Park 
Commissioners  shall  he  chosen  for  a  term  of  two  years,  and  until  his 
successor  shall  have  been  elected  and  qualified,  one  employee  who  shall 
be  an  employee  of  the  West  Chicago  Park  Commissioners  shall  be  chosen 
for  a  period  of  one  year,  and  until  his  successor  shall  have  been  elected 
and  qualified,-  and  one  employee  who  shall  be  an  employee  of  any  of  the 
■boards  of  park  commissioners  included  under  the  provisions  of  this  Act 
shall  be  elected  for  a  period  of  four  years,  and  until  his  successor  shall 
have  been  elected  and  qualified.  Thereafter  the  Eetirement  Board  shall 
conduct  elections  annually  under  rules  which  shall  be  adopted  by  it,  for 
the  election  of  successors  to  the  members  of  said  board  whose  terms 
shall  expire.     Such  successor,  in  each  event,  shall  hold  office  for  a  term 


REVENUE.  787 


of  four  years  and  until  his  successor  shall  have  been  elected  and  quali- 
fied. 

Any  person  elected  to  succeed  any  of  the  persons  elected  for  the 
original  term  of  one,  two  or  three  years  or  to  succeed  any  successor  of 
any  such  person,  shall  be  elected  from  the  body  of  employees  of  the  same 
board  of  park  commissioners  from  which  his  predecessor  was  ejected. 
Any  person  elected  to  suceed  the  person  elected  for  the  original  term  of 
four  years  or  to  succeed  any  successor  of  such  person  shall  be  elected 
from  the  employees  of  any  of  the  boards  of  park  commissioners  in- 
cluded under  the  provisions  of  this  Act. 

In  the  event  that  a  vacancy  shall  occur,  owing  to  death,  resignation 
or  other  cause,  in  the  membership  of  the  said  Eetirement  Board,  said 
vacancy  shall  be  filled  by  appointment.  If  the  vacant  membership  be 
of  appointive  character,  appointment  for  the  unexpired  portion  of  such 
term  shall  be  made  by  The  Board  of  Park  Commissioners  which  ap- 
pointed the  member  whose  office  has  so  terminated,  and  if  it  be  of 
elective  character,  it  shall  be  filled  by  appointment  by  the  elective  mem- 
bers of  the  said  Eetirement  Board.  The  persons  so  appointed  to 
elective  membership  shall  serve  until  an  employee  who  shall  be  elected 
to  serve  for  the  unexpired  portion  of  such  term  shall  be  chosen.  Such 
election  shall  be  held  concurently  with  and  in  the  same  manner  as  the 
next  regular  annual  election. 

§  3.  Each  of  said  boards  of  park  commissioners  shall  annually 
levy  a  tax  (in  addition  to  the  taxes  now  authorized  by  law)  upon  all 
taxable  property  embraced  in  the  districts  governed  by  them  respectively, 
at -the  rate  on  the  dollar  of  all  such  taxable  property  which  when  added 
to  the  amounts  deducted  from  the  salary  or  wages  of  employees  in- 
cluded under  the  provisions  of  this  Act  and  applied  to  the  annuity  and 
benefit  fund  created  hereunder,  shall  be  sufficient  to  provide  for  the 
purposes  of  this  Act  in  accordance  with  the  provisions  thereof.  Said 
taxes  shall  be  levied  and  collected  with  and  in  like  manner  as  the  general 
taxes  of  such  parks.  Said  taxes  shall  not  be  included  in  the  aggregate 
of  all  taxes  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,  as  subsequently  amended.  The  amount  of  such 
annual  tax  to  be  levied  by  any  such  board  of  park  commissioners  shall 
not  exceed  one  mill  on  the  dollar  of  the  assessed  valuation  of  all  taxable 
property  embraced  within  the  park  district  under  the  jurisdiction  of 
such  board  of  park  commissioners. 

§  4.  The  following  words  and  phrases  as  used  in  this  Act,  unless 
a  different  meaning  is  plainly  expressed  in  the  context,  shall  have  the 
following  meanings: 

"Annuity"  shall  mean  a  series  of  payments  stated  in  terms  of  the 
amount  payable  annually  but  payable  in  equal  monthly  installments  each 
of  one-twelfth  of  such  annual  amount,  the  first  being  payable  one  month 
after  the  event  upon  which  annuity  is  payable  shall  have  occurred. 

"Old  age  retirement  annuity"  shall  mean  an  annuity  granted  on 
account  of  service,  upon  or  after  attainment  of  a  specified  age,  payable 
during  the  entire  after  lifetime  of  the  recipient. 


788  REVENUE. 


"Widow's  annuity"  shall  mean  an  annuity  payable  to  the  widow  of 
an  employee  or  former  employee,  such  annuity  to  begin  one  month  after 
the  death  of  her  husband  and  to  be  payable  during  her  entire  lifetime. 

"Child's  annuity"  shall  mean  an  annuity  payable  during  the  life 
of  a  child,  under  the  conditions  specified,  until  such  child  shall  attain 
the  age  of  eighteen  years. 

"Age"  shall  mean  age  at  nearest  birthday. 

"Beserve"  when  applied  to  an  annuity,  shall  mean  the  present  value, 
according  to  the  American  Experience  Table  of  Mortality  and  four 
per  cent  interest  of  the  payments  to  be  made  on  account  of  such  annuity. 

"Highest  salary"  shall  mean  the  highest  salary  received  by  an 
employee  during  any  service  year  of  such  employee  before  such  employee 
attains  the  age  of  sixty  years. 

"Service"  shall  mean  employment  by  an  employer  as  defined  in 
this  Act  in  a  position  covered  by  this  Act. 

"Prior  service"  shall  mean  service  rendered  by  an  employee  before 
such  employee  comes  under  the  provisions  of  this  Act. 

"Withdrawal  from  service"  shall  mean  separation  from  service  as 
an  employee  of  any  employer  as  defined  herein. 

"Former  employee"  shall  mean  an  employee  who  has  withdrawn 
from  service,  after  at  least  ten  years  of  service,  and  has  not  applied  for 
refunds  as  provided  in  this  Act. 

"Future  entrant"  shall  mean  an  employee  who  enters  service  after 
July  1,  1919. 

"Present  employee"  shall  mean  an  employee  who  is  in  service  on 
July  1,  1919. 

"Eegular  interest"  shall  mean  interest  at  the  rate  of  four  per  cent 
per  annum. 

"Present  value"  of  an  amount  on  a  specified  date  as  of  some  prior 
date,  shall  mean  the  sum  which,  when  improved  at  interest  at  a  specified 
rate  for  a  period  of  time  equal  to  the  period  between  the  dates  in  ques- 
tion, will  amount  to  the  sum  stated  on  such  specified  date. 

"Employee"  shall  mean  any  person  in  service  in  a  position  covered 
by  this  Act. 

"Employer"  shall  mean  any  board  of  park  commissioners  as  de- 
fined in  section  1  of  this  Act. 

"Salary"  or  "Wages"  shall  mean  the  amount  of  compensation  re- 
ceived from  an  employer  for  services  rendered  the  employer,  except  that 
any  amount  of  compensation  in  excess  of  twenty-five  hundred  dollars 
per  year  shall  not  be  taken  into  consideration  in  determining  the 
amounts  to  be  deducted  from  the  salary  or  wages  of  an  employee  for 
purposes  of  this  Act  or  in  determining  the  amounts  of  annuities  to  be 
paid  or  other  benefits  to  be  provided  under  the  provisions  of  this  Act. 

"Compensation,"  when  applied  to  an  employee  whose  salary  is  on 
annual  basis,  shall  mean  the  annual  amount  received  by  such  emplo}ree; 
when  applied  to  an  employee  whose  salary  is  on  a  monthly  basis,  shall 
mean  twelve  times  the  average  monthly  amount  received  by  such  em- 
ployee; when  applied  to  an  employee  whose  salary  is  on  other  than  an 
annual  or  monthly  basis,  shall  mean  three  hundred  times  the  average 


KEVENUE.  789 


daily  amount  received  by  such  employee  as  determined  by  the  Retire- 
ment Board,  but  for  purposes  of  this  Act  this  amount  shall  be  assumed 
to  be  not  less  than  two  and  one  half  dollars  per  day. 

§  5.  The  Eetirement  Board  shall  elect  from  its  membership,  a 
president,  and  a  secretary,  and  shall  appoint  such  actuarial,  legal, 
medical,  clerical  and  other  employes  as  may  be  necessary. 

The  compensation  of  all  persons  employed  by  said  Retirement 
Board  shall  be  fixed  by  said  board. 

The  Eetirement  Board  shall  keep  a  record  of  all  its  proceedings 
which  shall  be  open  to  inspection  by  the  public. 

The  Eetirement  Board  shall  certify  to  each  employer  the  amount 
to  be  deducted  from  the  salary  of  each  employee  for  purposes  of  this 
Act  for  each  pay-roll  period  from  and  after  July  1,  1919. 

The  Eetirement  Board  shall  pay  all  moneys  received  to  the  cus- 
todian of  the  funds  of  said  Eetirement  Board  for  use  according  to  the 
provisions  of  this  Act. 

The  Eetirement  Board  shall  keep  such  books  and  records  as  are 
necessary  for  the  transaction  of  its  business.  It  shall  see  that  all  de- 
ductions from  salary  and  that  contributions  to  be  made  by  each  employer 
under  the  provisions  of  this  Act  are  being  duly  made,  and  that  all  funds 
thus  collected  are  being  deposited  when  collected  with  the  custodian  of 
the  fund.  It  shall  see  that  all  the  other  duties  of  each  employer  are 
being  performed,  and  in  the  event  that  an  employer  fails  to  perform  any 
duties  imposed  on  said  employer  under  the  provisions  of  this  Act,  it  shall 
be  the  duty  of  the  Eetirement  Board  to  take  such  steps  as  in  its  judg- 
ment seems  advisable  to  enforce  compliance  on  the  part  of  such  em- 
ployer with  the  provisions  of  this  Act. 

The  Eetirement  Board  shall  prepare  a  report,  as  of  June  30  of 
each  year,  setting  forth  the  income  and  disbursements  of  the  year  of 
each  of  the  funds  controlled  by  said  Eetirement  Board  and  the  amount 
of  assets  credited  to,  and  the  amounts  of  liabilities  of,  each  such  fund 
on  such  date.     Such  statement  shall  include : 

(a)  The  total  of  the  reserves  on  all  annuities  being  paid  by  the 
board  from  the  Annuity  Eeserve  Fund  and  on  all  prospective  annuities 
to  be  paid  from  such  fund  to  employees  who  are  over  the  age  of  sixty 
(60)  years,  calculating  such  reserves  as  if  annuities  were  actually 
entered  upon. 

(b)  The  total  of  the  liabilities  of  the  employers  because  of  sup- 
plementary annuities  provided  by  such  employers  for  present  employees, 
including  the  present  values  of  the  supplementary  annuities  entered 
upon. 

The  members  of  the  Eetirement  Board  as  constituted  shall  be  the 
trustees  of  all  the  funds  created  under  this  Act  for  the  purpose  of  pro- 
viding the  benefits  stipulated  herein  and  for  paying  the  cost  of  adminis- 
tration of  this  Act.  Said  Eetirement  Board  shall  have  exclusive  control 
and  management  of  all  funds  of  which  the  members  of  such  board  are 
trustees  and  full  power  to  invest  the  same;  subject  however  to  all  the 
terms,  conditions,  limitations  and  restrictions  imposed  by  this  Act  upon 
the  making  of  investments.     Subject  to  such  terms,  conditions,  limita- 


790  EEVENUE. 


tions  and  restrictions,  said  Eetirement  Board  shall  have  power  to  hold, 
purchase,  sell,  assign,  transfer  or  dispose  of  any  of  the  securities  and 
investments  in  which  any  of  the  moneys  of  the  funds  created  by  this 
Act  of  which  the  members  of  such  board  are  the  trustees  shall  have 
been  invested  as  well  as  of  the  proceeds  of  said  investments  and  of  any 
money  belonging  to  said  funds. 

It  shall  be  the  duty  of  said  Eetirement  Board  to  determine  the 
length  of  service  of  each  present  employee  rendered  prior  to  the  date 
when  such  employee  comes  under  the  provisions  of  this  Act,  including 
all  service  rendered  to  any  employer  as  defined  by  this  Act.  Under  such 
rules  and  regulations  as  the  Eetirement  Board  shall  adopt,  each  em- 
ployee shall  file  with  said  Eetirement  Board  a  detailed  statement  of  ail 
such  service  rendered  by  him'  or  allowed  to  him.  As  soon  as  practicable 
thereafter,  the  Eetirement  Board  shall  verify  such  statement  as  to  prior 
service,  and  shall  issue  a  certificate  to  such  employee,  stating  the  length 
of  prior  service  allowed  and  the  amount  to  the  credit  of  such  employee 
for  old  age  retirement  annuity  and  widow's  annuity  purposes  for  the 
benefit  of  such  employee.  Such  certificate  shall  be  final  and  conclusive 
as  to  length  of  prior  service  and  amount  of  credit  unless  modified  by 
the  Eetirement  Board,  either  of  its  own  volition  or  upon  application  of 
the  employee,  within  one  year  from  the  date  when  the  certificate  or  a 
modified  certificate  was  issued  to  the  employee. 

All  time  during  which  any  present  employee  was  absent  on  leave  of 
absence  without  pay  shall  be  excluded  in  computing  the  prior  service  of 
an  employee,  and  ail  time  during  which  any  employee  was  absent  on 
leave  of  absence  on  full  or  part  pay  shall  be  included  in  computing  the 
prior  service  of  such  employee. 

For  the  purpose  of  computing  prior  service,  the  Eetirement  Board 
shall  fix  and  determine  by  appropriate  rules  and  regulations,  what  period 
of  service  rendered  on  the  basis  of  payment  by  the  hour  or  day  shall  be 
equivalent  to  a  year  of  service.  All  vacation  periods  shall  be  included 
as  periods  of  service  for  employees  paid  on  an  annual  or  monthly  basis. 
No  employee  shall  be  allowed  credit  for  more  than  one  year  of  service 
during  any  service  year. 

If  any  employee  does  not  file  a  statement  showing  the  amount  of 
prior  service  rendered,  or  if  the  Eetirement  Board  is  unable  to  verify 
the  averments  contained  in  the  statement  filed  by  such  employee,  said 
Eetirement  Board  shall  fix  the  period  for  which  such  employee  shall 
receive  credit  for  prior  service  from  such  information  as  is  available,  and 
such  decision  of  said  Eetirement  Board  shall  be  final  unless  modified 
by  said  Eetirement  Board  within  one  year  from  the  date  of  such  decision. 

§  6.  Each  employer  shall  before  employing  any  person  to  whom 
this  Act  shall  apply,  notify  such  person  of  his  duties  and  obligations 
under  this  Act  as  a  condition  of  his  employment. 

During  some  month  in  each  year,  to  be  fixed  by  the  Eetirement 
Board,  each  employer  shall  certify  to  said  Eetirement  Board  the  name 
of  each  of  its  employees  to  whom  this  Act  applies. 

Each  employer  shall,  on  the  first  day  of  each  calendar  month,  notify 
the  Eetirement  Board  of  the  emplojTnent  of  new  employees,  removals, 


REVENUE.  701 


withdrawals,  deaths  and  changes  in  salary  of  employees,  that  shall  have 
occurred  during  the  month  preceding,  setting  forth  the  dates  upon 
which  such  employments,  removals,  withdrawals,  deaths  and  changes 
in  salaries  occurred. 

Each  employer  shall  furnish  such  other  information  to  the  Retire- 
ment Board  as  such  Eetirement  Board  may  reasonably  require  hereunder 
in  the  discharge  of  its  duties. 

Beginning  on  July  1,  1919,  each  employer  shall  cause  to  be  de- 
ducted from  the  salary  or  wages  of  each  employee,  for  each  and  every 
payroll  period,  such  an  amount  as  shall  be  certified  to  by  said  Eetire- 
ment Board  as  required  under  the  provisions  of  this  Act.  Each  em- 
ployer shall  certify  to  the  treasurer  of  said  employer,  on  each  and  every 
payroll,  a  statement  as  voucher  for  the  amounts  so  deducted,  and  shall 
send  a  duplicate  of  such  statement  to  the  secretary  of  the  Eetirement 
Board.  The  treasurer  of  each  employer,  on  receipt  from  the  employer 
of  such  voucher  for  deductions  from  salaries  or  wages  of  employees, 
shall  transmit  monthly,  or  at  such  other  times  as  the  Eetirement  Board 
shall  designate,  to  the  secretary  of  said  Eetirement  Board,  the  amounts 
specified  in  such  voucher. 

Each  employer  shall  keep  such  records  as  the  Eetirement  Board 
may  require  hereunder. 

§  7.  Each  person  elected  or  appointed  to  membership  upon  the 
Eetirement  Board  shall  take  a  written  oath  of  office  that  he  will,  so  far 
as  it  devolves  upon  him,  diligently  and  honestly  administer  the  affairs 
of  the  office  to  which  he  was  elected  or  appointed  and  that  he  will  not 
knowingly  violate  or  wilfully  permit  to  be  violated  any  of  the  provisions 
of  law  applicable  under  this  Act.  Such  oath  shall  be  subscribed  by  che 
person  making  it,  and  certified  to  by  the  officer  before  whom  it  is  taken, 
and  deposited  with  the  custodian  of  the  fund.  Anyone  after  appoint- 
ment or  election  shall  be  deemed  to  have  qualified  for  membership  on  the 
board  when  such  certificate  is  deposited  with  said  custodian  of  the  fund. 

§  8.  Except  as  herein  provided,  no  member  of  the  Eetirement 
Board,  nor  any  one  connected  with  the  Eetirement  Board,  shall  have 
any  interest,  direct  or  indirect,  in  the  gains  or  profits  of  any  investment 
made  by  such  board,  nor  as  such,  directly  or  indirectly,  receive  any  pay 
or  emoluments  for  his  services  except  as  herein  provided.  Nor  shall 
any  such  person  as  an  agent  or  partner  of  others  borrow  any  funds  or 
deposits,  or  in  any  manner  use  the  same,  except  to  make  such  current 
and  necessary  payments  as  are  authorized  by  the  board,  nor  shall  any 
member  of  said  board,  or  anyone  connected  with  said  board,  become  an 
endorser  or  surety  or  become  in  any  manner,  an  obligor  for  moneys 
loaned  by  or  borrowed  of  any  such  board. 

All  payments  from  the  funds  created  by  this  Act  shall  be  made 
by  the  custodian  of  the  fund  only,  and  only  upon  warrant  or  voucher 
signed  by  the  president  of  the  Eetirement  Board  and  countersigned  by 
the  secretary  of  said  board  and  no  warrant  or  voucher  shall  be  drawn 
except  by  order  of  said  board  duly  entered  in  the  record  of  its  proceed- 
ings. 

The  said  Eetirement  Board,  may  keep  as  an  available  fund  for  the 
purpose  of  making  disbursements  in  excess  of  receipts  for  annuities  and 


792  REVENUE. 


other  payments  to  employes,  an  amount  not  exceeding  ten  per  cent  of 
the  total  amount  in  the  several  funds  of  said  board  for  annuity  purposes. 
Such  funds  hereby  authorized  to  be  kept,  shall  be  kept  on  deposit  in  any 
bank  in  this  State  organized  under  the  laws  thereof  or  under  the  laws 
of  the  United  States,  or  with  any  trust  company  incorporated  under 
any  law  of  this  State ;  provided  said  bank  or  trust  company  shall  furnish 
adequate  security  for  said  funds;  and  provided  further  that  the  sum  so 
deposited  in  any  one  bank  or  trust  company  shall  not  exceed  twenty- 
five  per  cent  of  the  paid  up  capital  and  surplus  of  said  bank  or  trust 
company. 

§  9.  The  moneys  under  the  control  of  the  Eetirement  Board, 
created  under  the  provisions  of  this  Act  shall  be  invested  in  bonds  of  the 
United  States,  or  of  this  State,  or  in  bonds  of  any  county,  village  or 
incorporated  town  in  this  State  or  in  federal  farm  loan  bonds  issued  by 
any  federal  reserve  bank. 

§  10.  The  Eetirement  Board  shall  establish  and  administer  nine 
funds  to  be  known  respectively  as; 

(1)  Expense  Fund;  (2)  Employers'  Annuity  Fund;  (3)  Chil- 
dren's Annuity  Fund;  (4)  Compensation  Fund;  (5)  Salary  Deductions 
for  Annuity  Fund;  (6)  Annuity  Beserve  Fund;  (7)  Sickness  and 
Accident  Fund;  (8)  Investment  and  Interest  Fund;  (9)  Employers' 
Supplementary  Fund. 

In  the  month  of  July,  1920,  for  a  period  covering  the  year  next  pre- 
ceding, and  in  July  of  each  year  thereafter,  for  a  period  covering  the 
year  then  last  preceding,  each  employer  shall  pay  into  these  funds  such 
amounts  as  the  Eetirement  Board  shall  have  certified  are  required  to  be 
contributed  by  such  employer  under  the  provisions  of  this  Act. 

Expense  fund:  Such  amounts  as  shall  be  paid  to  the  Eetirement 
Board  to  defray  the  administrative  expenses  thereof  shall  be  paid  into 
a  fund  known  as  the  Expense  Fund.  All  administrative  expenses  of 
said  Eetirement  Board  shall  be  paid  from  this  fund. 

During  the  first  fiscal  year,  each  employer  concerned  shall  pay  to 
said  Eetirement  Board  an  amount  equal  to  one-fifth  of  one  per  cent  of 
the  aggregate  salaries  of  the  employes  of  such  employer  involved  for 
such  fiscal  year.  Thereafter  each  employer  shall  pay  to  said  Eetirement 
Board  such  sums  as  said  Eetirement  Board  shall  certify  to  as  necesary 
to  defray  the  administrative  expense  of  said  board,  but  in  no  case  shall 
such  sums  exceed  amounts  equal  to  one-fifth  of  one  per  cent  of  the 
salaries  of  the  employes  of  the  employer  involved  for  the  preceding 
calendar  year. 

If  at  any  time  there  is  not  a  sum  in  the  Expense  Fund  sufficient  to 
defray  the  current  expenses  of  said  Eetirement  Board,  an  amount  equal 
to  the  sum  necessary  for  such  expenses  may  be  transferred  from  any 
other  fund  under  the  control  of  said  board.  When  thereafter  any  sum 
in  excess  of  that  required  for  current  expenses  is  received  into  the 
Expense  Fund,  it  shall  be  transferred  from  such  fund  and  placed  in 
the  fund  or  funds  from  which  such  sums  were  taken  until  the  total 
amount  so  taken  with  regular  interest  thereon  is  returned  to  such  fund 
or  funds. 


REVENUE.  ?93 


If,  on  July  31st  of  any  year,  a  sum  is  owing  to  any  other  fund 
from  the  Expense  Fund,  an  amount  equal  to  the  amount  so  owing 
shall  be  charged  against  the  employees  involved,  each  such  employee 
being  charged  an  equal  part  of  the  whole  sum.  A  sum  equal  to  that 
charged  to  each  employee  shall  be  deducted  from  the  first  payment  on 
account  of  the  salary  of  such  employee. 

Employers'  annuity  fund.  Such  amounts  as  are  required  under 
the  provisions  of  this  Act  to  be  paid  by  an  employer  towards  the  old  age 
retirement  annuities  of  future  entrants,  or  towards  the  annuities  of 
widows  of  future  entrants,  or  towards  the  old  age  retirement  annuities 
of  present  employees,  or  towards  the  annuities  of  widows  of  present  em- 
ployees, exclusive  of  amounts  paid  to  provide  supplementary  annuities 
for  present  employees,  or  for  widows  of  present  employes,  shall  be  paid 
into  a  fund  to  be  known  as  the  Employers'  Annuity  Fund. 

In  this  fund  an  individual  account  shall  be  kept  for  each  employee 
towards  whose  old  age  retirement  annuity  the  employer  is  contributing, 
and  as  contributions  are  received  from  the  employer,  the  account  of  each 
such  employee  shall  be  credited  with  the  amount  which  the  employer 
has  contributed  towards  the  old  age  retirement  annuity  of  such  em- 
ployee. At  least  once  each  year  such  account  shall  be  credited  with  the 
proper  interest  accumulations.  On  the  date  when  such  employee  enters 
upon  his  annuity,  or  attains  the  age  of  sixty  years,  whichever  event 
shall  first  occur,  the  accumulated  amount  to  the  credit  of  such  employee 
on  such  date  shall  be  transferred  to  the  Annuity  Eeserve  Fund  and 
placed  to  the  credit  of  the  employee  in  such  fund. 

If  an  employee  withdraws  from  service  before  his  attainment  of  the 
age  of  fifty-five  years  and  retains  his  eligibility  for  annuity,  the  total 
amount  thus  credited  to  the  account  of  such  employee,  with  interest 
accumulations,  shall  remain  in  the  fund  until  such  employee  enters  upon 
annuity  or  attains  the  age  of  sixty  years,  whichever  event  shall  first 
occur,  and  the  amount  of  such  accumulation  available  under  the  pro- 
visions of  this  Act  for  old  age  retirement  annuity  of  the  employee  shall 
then  be  transferred  from  this  fund  to  the  Annuity  Eeserve  Fund  and 
be  placed  to  the  credit  of  such  employee  in  such  fund. 

If  a  male  employee  dies  while  in  service  before  attainment  of  the 
age  of  sixty  years,  leaving  a  widow,  or  if  a  male  employee  who  with- 
drew from  service  before  his  attainment  of  the  age  of  fifty-five  years, 
dies  before  entering  upon  his  annuity,  leaving  a  widow  eligible  for 
annuity,  the  accumulation  or  that  part  of  the  accumulation  on  the  date 
of  the  death  of  the  employee  necessary  to  provide  the  annuities  stated 
herein  for  such  widow  shall  be  transferred  from  this  fund  to  the  Annuity 
Eeserve  Fund  and  be  placed  to  the  credit  of  such  widow  in  such  fund. 

Children's  annuity  fund.  Into  a  fund  to  be  known  as  the  Chil- 
dren's Annuity  Fund  shall  be  paid:  (a)  All  amounts  received  from 
the  employer  to  provide  for  children's  annuities  as  provided  for  in  this 
Act;  (b)  such  amounts,  payable  from  other  funds,  as  are  necessary  for 
children's  annuities  nnder  the  provisions  of  this  Act,  which  funds  were 
they  not  necessary  for  this  purpose  would  be  refunded  to  children  or 
parents  of  the  deceased  employee. 


794  KEVENUE. 


During  the  first  fiscal  year,  each  employer  concerned  shall  pay  to 
each  Eetirement  Board  for  children's  annuities  an  amount  equal  to 
one-half  of  one  per  cent  of  the  aggregate  salaries  for  such  fiscal  year  of 
the  employes  involved  of  such  employer.  Thereafter  such  employer 
shall  pay  to  said  Eetirement  Board  such  proportionate  part  of  the  total 
amount  certified  to  by  said  Eetirement  Board  as  being  necessary  for 
children's  annuities  as  the  aggregate  salaries  of  all  the  employees  of 
such  employer  in  the  fund  bears  to  the  aggregate  salaries  of  all  the 
employees  of  all  employers  involved  in  the  fund. 

If  at  any  time  there  is  not  in  the  Children's  Annuity  Fund  of  the 
Eetirement  Board  a  sum  sufficient  to  pay  annuities  to  children  accord- 
ing to  the  provisions  of  this  Act,  a  sum  equal  to  the  amount  required 
for  such  purpose  may  be  transferred  to  such  fund  from  any  other  fund 
under  the  control  of  said  board  and  used  for  the  payment  of  such 
annuities.  When  thereafter  any  sum  in  excess  of  that  required  for 
current  payment  of  annuities  from  the  Children's  Annuity  Fund  is  re- 
ceived into  such  fund,  it  shall  be  transferred  from  such  fund  and  placed 
in  the  fund  or  funds  from  which  such  sums  were  taken  until  a  sum 
equal  to  the  full  amount  so  taken  with  regular  interest  thereon  shall 
be  returned  to  the  fund  or  funds  from  Avhich  such  transfer  or  transfers 
were  made. 

All  children's  annuities  shall  be  paid  from  this  fund. 

Compensation  fund.     Such  amounts  as  shall  be  paid  by  the  em 
ployer  to  provide  the  benefits  provided  for  herein,  in  case  of  death  01 
injury  of  an  employee  in  consequence  of  the  direct  performance  of  duty, 
shall  be  paid  into  a  fund  to  be  known  as  the  Compensation  Fund.  There 
shall  be  paid  from  this  fund: 

(a)  Amounts  equal  to  the  combined  percentages  of  salary  of  the 
disabled  employee,  required  from  employer  and  employee  for  old  age 
retirement  annuity  purposes  for  such  employee  during  the  period  of  such 
disability.  Such  amounts .  shall  be  paid  into  the  Employers'  Annuity 
Fund  and  the  Salary  Deductions  for  Annuity  Fund,  respectively,  in 
proper  proportions  and  credited  to  such  employee  in  such  funds. 

(b)  Such  amounts  as  are  necessary  to  provide  the  annuity  or 
annuities  stated  in  this  Act  in  the  case  of  death  or  injury  of  an  emeployee 
in  consequence  of  the  direct  performance  of  duty,  except  children's 
annuities,  in  excess  of  any  annuity  which  may  be  provided  from  funds 
placed  to  the  credit  of  such  employee  or  the  widow  of  such  employee  in 
the  Annuity  Eeserve  Fund. 

During  the  first  fiscal  year,  each  employer  concerned  shall  pay  to 
the  Eetirement  Board  to  provide  the  annuities  provided  for  herein  in 
case  of  death  or  injury  of  an  employee  in  consequence  of  the  direct 
performance  of  duty,  an  amount  equal  to  one  half  of  one  per  cent  of  the 
aggregate  salaries  for  such  year  of  the  employes  involved  of  such  em- 
ployer. Thereafter,  such  employer  shall  pay  to  the  Eetirement  Board 
such  proportionate  part  of  the  total  amount  certified  to  by  such  Eetire- 
ment Board  as  being  necessary  for  annuities  in  cases  of  death  or  injury 
of  an  employee  in  consequence  of  the  direct  performance  of  duty  as 
the  aggregate  salaries  of  all  the  employes  of  such  employer  in  the  fund 


REVENUE.  795 


bears  to  the  aggregate  salaries  of  all  the  employes  of  all  empoyers 
involved  in  such  fund. 

If  at  any  time  there  is  not  in  the  Compensation  Fund  of  the  Re- 
tirement Board  a  sum  sufficient  to  pay  annuities  to  employes  in  case 
of  death  or  injury  in  consequence  of  the  direct  performances  of  duty 
according  to  the  provisions  of  this  Act,  a  sum  equal  to  the  amount  re- 
quired for  such  purpose  may  be  transferred  to  such  fund  from  any 
other  fund' under  the  control  of  said  board  and  used  for  the  payment  of 
such  annuities.  When  thereafter  any  sum  in  excess  of  that  required  for 
current  payment  of  annuities  from  the  Compensation  Fund  of  such 
board  is  received  into  such  fund,  it  shall  be  transferred  from  such  fund 
and  placed  in  the  fund  or  funds  from  which  such  sums  were  taken  until 
a  sum  equal  to  the  full  amount  so  taken,  with  regular  interest  thereon, 
shall  be  returned  to  the  fund  or  funds  from  which  such  transfer  or 
transfers  were  made. 

Salary  deductions  for  annuity  fund:  The  amounts  deducted  from 
salaries  of  the  employes  for  old  age  retirement  annuity  purposes  shall 
be  paid  into  a  fund  to  be  known  as  the  Salary  Deductions  for  Annuity 
Fund. 

In  this  fund  an  individual  account  shall  be  kept  with  each  employee 
who  is  under  the  age  of  sixty  years  when  he  comes  under  the  provisions 
of  this  Act,  until  such  employee  attains  the  age  of  sixty  years  or  enters 
upon  old  age  retirement  annuity  if  such  employee  enters  upon  such  an- 
nuity before  attainment  of  such  age,  and  with  each  employee  after  his 
withdrawal  from  service  if  such  employee  retains  his  eligibility  for  old 
age  retirement  annuity  until  such  employee  enters  upon  such  annuity. 
As  deductions  are  made  from  the  salary  of  the  employee,  each  such 
account  shall  be  credited  with  the  amount  of  each  such  deduction,  and 
at  least  once  each  year,  each  such  account  shall  be  credited  with  the 
proper  interest  accumulations.  When  any  such  employee  enters  upon 
an  old  age  retirement  annuity  or  attains  the  age  of  sixty  years  which- 
ever event  shall  first  occur,  the  accumulation  to  the  credit  of  such  em- 
ployee on  such  date  shall  be  transferred  to  the  Annuity  Eeserve  Fund, 
and  shall  be  placed  to  the  credit  of  such  employee  in  such  fund  except 
that:  If  any  deductions  from  salary  for  old  age  retirement  annuity 
purposes  are  required  from  a  present  employee  after  his  attainment  of 
the  age  of  sixty  years,  they  shall  be  paid  into  this  fund,  until  such  time 
as  all  such  payments  have  been  fully  made,  or  until  the  employee  re- 
tires on  old  age  retirement  annuity,  which  ever  event  shall  first  occur. 
The  accumulation  to  the  credit  of  such  employee  for  old  age  retirement 
annuity  purposes  shall  then  be  transferred  to  the  Annuity  Eeserve  Fund 
and  placed  to  the  credit  of  said  employee  in  such  fund. 

When  any  accumulation  to  the  credit  of  any  such  employee  or 
former  employee  is  transferred  to  the  Annuity  Reserve  Fund,  if  such 
employee  has  a  wife,  or  if  such  former  employee  has  a  wife  eligible  for 
annuity,  the  accumulation  to  the  credit  of  such  employee  to  provide  a 
widow's  annuity  for  the  wife  of  such  employee  or  former  employee  shall 
be  transferred  to  the  Annuity  Reserve  Fund  and  placed  to  the  credit  of 
such  wife  of  such  employee  or  former  employee  in  such  fund. 


796  REVENUE. 


If  a  male  employee  dies  while  in  service  before  attaining  the  age 
of  sixty  years,  leaving  a  widow,  or  if  a  male  employee  who  withdrew 
from  service  before  his  attainment  of  the  age  of  fifty-five  years  dies  be- 
fore entering  upon  annuity,  leaving  a  widow  eligible  for  annuity,  the 
acumulation  on  the  date  of  death  of  such  employee  from  deductions 
from  salary  for  old  age  retirement  annuity  shall  be  transferred  from 
this  fund  to  the  Annuity  Eeserve  Fund  and  placed  to  the  credit  of  such 
widow  in  such  fund. 

If  a  male  employee  dies  while  in  service  before  attaining  the  age 
of  sixty  years,  leaving  no  widow  but  leaving  children  eligible  for  annuity, 
or  if  a  male  employee  who  withdrew  from  service  upon  or  after  his 
attainment  of  the  age  of  fifty-five  years  dies  before  entering  upon 
annuity,  leaving  no  widow  but  leaving  children  eligible  for  annuity,  all 
or  such  part  of  the  accumulation  on  the  date  of  death  of  such  employee 
from  deductions  from  salary  of  such  employee  for  old  age  retirement 
annuity  as  may  be  necessary  to  provide  annuities  for  the  children  of 
such  employee  shall  be  transferred  from  this  fund  to  the  Children's 
Annuity  Fund  and  placed  to  the  credit  of  such  children  in  such  fund. 

Annuity  reserve  fund.  There  shall  be  paid  into  a  fund  to  be  known 
as  the  Annuity  Eeserve  Fund,  such  amounts  as  shall  be  transferred  to 
it  from  the  Employers'  Annuity  Fund,  the  Salary  Deductions  for  An- 
nuity Fund,  the  Investment  and  Interest  Fund  or  any  other  fund  from 
which  payment  to  this  fund  is  required. 

When  an  accumulation  for  old  age  retirement  annuity  is  placed  to 
the  credit  of  an  employee  in  this  fund,  there  shall  be  deducted  from 
the  amount  of  such  accumulation  an  amount  equal  to  two  per  cent  of 
the  amount  of  such  accumulation,  to  provide  for  refunds  in  accordance 
with  the  provisions  of  this  Act.  The  amount  of  annuity  which  the 
remainder  of  the  accumulation  will  provide  according  to  the  American 
Experience  Table  of  Mortality  and  four  per  cent  interest  shall  then  be 
determined.  The  amount  of  annuity  thus  determined  shall  be  the 
amount  payable  from  this  fund  as  hereinbefore  in  this  section  stated 
under  the  heading  Compensation  Fund  in  case  of  injury  in  consequence 
of  the  direct  performance  of  duty. 

When  an  accumulation  of  old  age  retirement  annuity  of  an  em- 
ployee is  placed  to  the  credit  of  the  widow  of  such  employee  in  the  fund, 
there  shall  be  deducted  from  the  amount  of  such  accumulation  an 
amount  equal  to  two  per  cent  thereof  to  provide  for  refunds  in  accord- 
ance with  the  provisions  of  this  Act.  The  amount  of  annuity  which  the 
remainder  of  the  accumulation  will  provide  according  to  the  American 
Experience  Table  of  Mortality  and  four  per  cent  shall  then  be  de- 
termined. The  amount  of  annuity  thus  determined  shall  be  the  amount 
payable  from  this  fund  as  stated  under  the  Compensation  Fund  in  this 
section  above  in  case  of  death  or  injury  of  such  employee  in  consequence 
of  the  direct  performance  of  duty. 

From  the  Annuity  Eeserve  Fund  shall  be  paid  all  or  such  part  of 
any  annuity  payable  to  any  person  as  can  be  provided  for  such  person 
according  to  the  American  Experience  Table  of  Mortality  and  four  per 
cent  interest  from  the  funds  placed  in  such  fund  to  the  credit  of  any 
such  person. 


REVENUE.  797 


If  at  any  time  there  is  not  in  the  Annuity  Eeserve  Fund  a  sum 
sufficient  to  pay  such  annuities  as  are  to  be  paid  from  such  fund,  a  sum 
equal  to  the  amount  required  for  such  purpose  may  be  transferred  to 
such  fund  from  the  Employers'  Annuity  Fund  or  the  Investment  and 
Interest  Fund  and  used  for  the  payment  of  such  annuities.  When 
thereafter  any  sum  in  excess  of  the  reserve  on  all  annuities  entered  upon 
or  prospective  is  received  into  such  fund,  it  shall  be  transferred  from 
such  fund  and  placed  in  the  fund  or  funds  from  which  such  sums  were 
transferred  until  a  sum  equal  to  the  full  amount  so  taken,  with  regular 
interest  thereon,  shall  be  returned  to  the  fund  or  funds  from  which 
such  transfer  or  transfers  were  made. 

Sickness  and  accident.  All  sums  paid  by  employers  and  employes 
to  provide  for  sickness  and  accident  benefits  as  specified  in  this  Act  shall 
be  paid  into  a  fund  to  be  known  as  the  Sickness  and  Accident  Fund,  and 
all  benefits  paid  because  of  sickness  or  accident  shall  be  paid  from  this 
fund. 

If  at  any  time  there  is  not  a  sum  sufficient  in  the  Sickness  and 
Accident  Fund  to  pay  the  sickness  and  accident  benefits  provided  in 
this  Act,  a  sum  equal  to  the  amount  required  for  such  purpose  may  be 
transferred  to  such  fund  from  any  other  fund  or  funds  under  the  con- 
trol of  said  board  and  used  for  the  payment  of  such  benefits.  When 
thereafter  any  sum  in  excess  of  that  required  for  current  payment  of 
benefits  from  the  Sickness  and  Accident  Fund  is  received  into  the 
Sickness  and  Accident  Fund,  it  shall  be  transferred  from  such  fund 
and  placed  in  the  fund  or  funds  from  which  such  sums  were  taken  until 
a  sum  equal  to  the  full  amount  so  taken  with  regular  interest  thereon 
shall  be  returned  to  the  fund  or  funds  from  which  such  transfer  or 
transfers  were  made. 

Investment  and  interest  fund.  All  gains  from  investments  and  all 
interest  earnings  shall  be  paid  into  a  fund  to  be  known  as  the  Invest- 
ment and  Interest  Fund.  All  losses  from  investments  shall  be  charged 
to  this  fund.  From  this  fund  shall  be  transferred  all  amounts  due  in 
interest  upon  balances  existing  in  the  other  funds. 

Employers'  supplementary  fund.  Each  employer  shall  pay  an- 
nually into  a  fund  to  be  known  as  the  Employers'  Supplementary  Fund, 
the  amounts  required  under  the  provisions  of  this  Act,  as  stated  in  this 
section  below,  to  provide  supplementary  annuities  and  supplementary 
life  insurance  for  present  employees  as  stated  elsewhere  herein.  Such 
payments  shall  be  continued  until  the  amounts  credited  to  this  fund 
shall  be  equal  to  the  liabilities  of  this  fund,  calculating  annuities  entered 
upon  or  prospective  according  to  the  American  Experience  Table  of 
Mortality  and  four  per  cent  interest. 

When  the  assets  credited  to  the  fund  are  equal  to  the  liabilities  as 
aforesaid,  then  assets  equal  to  the  amount  of  liabilities  involved  shall 
be  credited  to  other  appropriate  funds  under  the  jurisdiction  of  the 
Retirement  Board,  and  this  fund  shall  become  discontinued. 

The  amount  which  the  employers  shall  pay  annually  into  this  fund 
to  provide  the  supplementary  annuities  for  present  employees  and  widows 
of  present  employees,  as  specified  in  this  Act,  shall  be  two  hundred  and 


"98  REVENUE. 


sixty  thousand  dollars.  Of  this  amount,  each  employer  shall  pay  that 
proportionate  part  which  the  aggregate  of  the  salaries,  for  the  fiscal  year 
preceding  the  year  in  question,  of  all  employees  who  are  under  the 
provisions  of  this  Act,  of  such  employers,  bears  to  the  aggregate  of  the 
salaries  during  such  fiscal  year  of  all  employees,  who  are  under  the  pro- 
visions of  this  Act,  of  all  employers  as  defined  in  this  Act. 

§  11.  If  an  employee  be  a  future  entrant,  the  amounts  to  be  con- 
tributed by  such  employee  and  by  the  employer  of  such  employee  for 
old  age  retirement  annuity  for  such  employee  shall  be  as  follows : 

From  each  payment  of  salary  of  each  such  employee  there  shall  be 
deducted  an  amount  equal  to  four  per  cent  of  the  amount  of  such  salary. 
These  deductions  shall  begin  when  the  employee  enters  the  service  and 
shall  continue  until  the  date  when  the  accumulation  from  such  deduc- 
tions, if  improved  at  regular  interest  for  a  period  of  time  equal  to  the 
period  between  such  date  and  the  date  when  such  employee  would 
attain  the  age  of  sixty  years,  would  provide,  on  the  date  when  such 
employee  attains  the  age  of  sixty  years,  a  sum  which,  after  two  per 
cent  of  such  sum  is  deducted  therefrom,  will  be  sufficient  to  provide 
for  such  employee,  as  of  age  sixty,  an  annuity  of  an  amount  equal  to 
thirteen  and  one-third  per  cent  of  the  highest  salary  received  hy  such 
employee  during  any  service  year ;  except  that  no  deductions  from  salary 
for  annuity  purposes  for  such  employee  shall  be  made  after  such  em-. 
ployee  shall  have  attained  the  age  of  sixty  years. 

The  employer  of  any  such  future  entrant  shall  contribute  for  each 
service  year  of  such  employee  in  the  ratio  of  two  to  one  with  such 
employee. 

In  determining  the  amounts  to  be  paid  by  the  employer  on  behalf 
of  each  such  employee  in  conformity  with  this  ratio,  the  contributions 
made  by  each  employee  during  any  fiscal  year  shall  be  accumulated  at 
regular  interest  to  the  end  of  such  year,  and  the  employer  shall  con- 
tribute amounts  bearing  to  the  total  of  such  accumulated  amounts,  the 
ratio  stated,  reckoning  regular  interest  between  the  end  of  such  fiscal 
year  and  the  dates  when  payments  by  the  employer  are  made. 

The  foregoing  provisions  of  this  section  shall  be  modified  to  the 
extent  that  if  the  accumulation  on  the  date  to  which  deductions  from 
salary  are  to  continue  shall  be  insufficient  to  provide  an  annuity  of  six 
hundred  dollars,  as  of  age  sixty,  under  the  foregoing  provisions,  then 
deductions  from  the  salary  of  such  employee  and  contributions  of  the 
employer  for  old  age  retirement  annuity  purposes  for  such  employee, 
shall  continue  until  such  date  as  such  accumulation  under  such  pro- 
visions shall  provide  an  annuity  as  of  age  sixty,  provided  however,  that 
no  deductions  from  salary  for  old  age  retirement  annuity  purposes  or 
no  contributions  from  the  employer  for  such  purposes  shall  be  made 
after  any  such  employee  shall  have  attached  [attained]  the  age  of  sixty 
years. 

§  12.  The  Eetirement  Board  shall  determine  as  of  July  1,  1919, 
the  amount  which  would  have  been  to  the  credit  of  each  present  em- 
ployee for  old  age  retirement  annuity  of  such  employee,  from  contribu- 
tions of  the  employer  under  the  provisions  of  this  Act,  if  this  Act  has 


REVENUE.  799 


been  in  full  force  and  effect  as  of  the  date  of  the  commencement  of  the 
service  of  any  such  employee,  except  that  in  making  such  determination 
it  shall  be  assumed  that : 

(1)  The  salary  of  the  employee  was  the  same  during  his  entire 
period  of  prior  service  as  upon  the  date  when  he  comes  under  the  pro- 
visions of  this  Act:    . 

(2)  The  period  of  service  of  the  employee  is  equal  to  the  entire 
period  of  service  which  the  employee  gave  to  any  of  the  employers  as 
defined  in  this  Act,  up  to  July  1,  1919,  including,  in  any  case  where  the 
employee  is  over  the  age  of  sixty  years,  all  service  rendered  after  such 
employee  attains  the  age  of  sixty  years. 

An  amount  equal  to  the  amount  determined  under  the  foregoing 
provisions  of. this  section  in  the  case  of  any  present  employee  shall  be 
treated  for  purposes  of  this  Act  as  an  accumulation  to  the  credit  of 
such  employee  on  July  1,  1919,  from  contributions  of  the  employer. 

The  annuity  which'  the  amount  equal  to  the  amount  of  such  accu- 
mulation will  provide  for  any  such  employee  shall  be  paid  to  such  em- 
ployee as  a  supplementary  annuity.  Any  such  annuity  shall  be  paid 
from  the  Employers'  Supplementary  Fund. 

§  13.  If  an  employee  be  a  present  employee,  the  amounts  to  be 
contributed  by  such  employee  and  the  employer  of  such  employee  for  old 
age  retirement  annuity  for  such  employee,  after  July  1,  1919,  and  the 
period  during  which  such  contributions  shall  be  made  shall  be  as  follows : 

From  each  payment  on  account  of  salary  of  each  present  employee, 
there  shall  be  deducted  an  amount  equal  to  four  per  cent  of  the  amount 
of  such  payment.  These  deductions  shall  begin  on  July  1,  1919,  and 
shall  continue  until  such  date  as  the  amounts  thus  deducted  will  pro- 
vide an  accumulation  equal  to  that  which  would  be  provided  on  such 
date,  assuming  regular  interest  to  such  date,  from  deductions  from 
salary  of  such  employee  if  such  employee  had  been  under  the  provisions 
of  this  Act  from  the  beginning  of  his  service  and  the  salary  of  such 
employee  during  his  period  of  prior  service  was  the  same  as  it  shall  be 
on  July  1,  1919. 

If  any  present  employee  be  under  the  age  of  sixty  years  on  July 
1,  1919,  and  the  accumulation  to  the  credit  of  such  employee  on  such 
date  to  provide  a  supplementary  annuity  for  such  employee  be  such  that 
an  amount  equal  to  the  amount  of  such  accumulation  when  improved  at 
regular  interest  to  the  date  when  such  employee  would  attain  the  age 
of  sixty  years,  would  be  insufficient  to  provide  an  annuity  for  such  em- 
ployee on  such  date  of  an  amount  equal  to  twenty-six  and  two-thirds 
per  cent  of  the  highest  salary  received  by  such  employee  during  any  year 
of  service,  then  the  employer  of  such  employee  shall  contribute  amounts 
and  for  a  period  as  follows : 

The  employer  shall  contribute  an  amount  equal  to  eight  per  cent 
of  the  amount  of  each  payment  made  to  sueh  employee  on  account  of 
salary.  Such  contributions  shall  begin  on  July  1,  1919,  and  shall 
continue  until  the  date  when  the  accumulation  from  such  contributions, 
improved  at  regular  interest  to  such  date,  together  with  the  accumu- 
lation to  the  credit  of  such  employee  on  July  1,  1919,  from  contributions 
of  the  employers,  similarly  improved  at  interest,  will  provide  an  accu- 


800  KEVENUE. 


initiation  which,  when  improved  at  regular  interest  for  a  period  of  time 
equal  to  the  period  between  such  date  and  the  date  when  such  employee 
would  attain  the  age  of  sixty  years,  would  provide  on  the  date  when  such 
employee  would  attain  the  age  of  sixty  years,  an  accumulation  which, 
after  deduction  therefrom  is  made  as  stated  below,  will  be  sufficient  to 
provide  an  annuity  of  an  amount  equal  to  twenty-six  and  two-thirds 
per  cent  of  the  highest  salary  received  by  such  employee  during  any  year 
of  service  of  such  employee,  or,  such  contributions  shall  continue  to 
"the  date  when  such  employee  shall  have  attained  the  age  of  sixty  years, 
whichever  event  shall  first  occur.  The  deduction  from  the  accumulation 
to  the  credit  of  any  such  employee  shall  be  two  per  cent  of  that  part 
of  the  accumulation  derived  from  contributions  of  the  employer  for 
old  age  retirement  annuity  for  such  employee  made  on  account  of  service 
rendered  subsequent  to  July  1,  1919. 

§  14.  An  employee  who  withdraws  from  service  after  at  least  ten 
years  of  service  and  before  attainment  of  the  age  of  fifty-five  years,  will, 
if  he  shall  not  have  availed  himself  of  the  refund  privilege  described  in 
this  Act,  become  entitled  to  an  annuity  beginning  on  the  date  when 
he  attains  the  age  of  fifty-five  years  or,  at  his  option,  at  any  later  date. 

An  employee  who  withdraws  from  service  after  at  least  ten  years 
of  service,  upon  or  after  attainment  of  the  age  of  fifty-five  years,  and 
before  attainment  of  the  age  of  sixty  years,  will  become  entitled  to  an 
annuity  which  he  may  enter  upon  immediately  or,  at  his  option,  at  any 
later  date. 

The  amount  of  such  annuity  for  any  such  employee  shall  be  that 
which  can  be  provided  from  the  total  of  the  accumulations  derived  as 
stated  hereinafter,  at  the  attained  age  of  the  employee  on  the  date  when 
he  enters  upon  his  annuity,  except  that  the  amount  of  such  annuity  shall 
not  in  any  case  be  in  excess  of  the  amount  to  which  such  employee  shall 
be  entitled  upon  attainment  of  the  age  of  sixty  years. 

First :  The  accumulation  from  deductions  from  salary  of  such 
employee  for  old  age  retirement  annuity  on  the  date  of  his  withdrawal 
from  service,  improved  at  regular  interest  to  the  date  when  he  enters 
upon  his  annuity  or  attains  the  age  of  sixty  years,  whichever  event  shall 
first  occur,  less  two  per  cent  of  such  accumulation. 

Second :  One-tenth  of  the  accumulation,  on  the  date  of  his  with- 
drawal from  service,  of  the  contributions  made  by  the  employer  on  his 
behalf  for  old  age  retirement  annuity  on  account  of  service  rendered 
subsequent  to  his  coming  under  the  provisions  of  this  Act,  less  two  per 
cent  of  such  accumulation,  together  with,  if  he  be  a  present  employee, 
one-tenth  of  the  accumulation  on  the  date  of  his  withdrawal  from 
service  of  an  amount  equal  to  the  amount  to  the  credit  of  such  employee 
when  he  comes  under  the  provisions  of  this  Act  to  provide  the  supple- 
mentary annuity  provided  by  the  employer,  for  each  complete  year  of 
service  rendered  in  addition  to  ten  complete  years  of  service  up  to  one 
hundred  per  cent  of  such  accumulation,  improved  at  regular  interest 
from  the  date  when  he  withdraws  from  service  to  the  date  when  he 
enters  upon  his  annuity  or  attains  the  age  of  sixty  years,  whichever 
event  shall  first  occur. 


REVENUE.  801 


§  15.  A  future  entrant,  upon  withdrawal  from  service  upon  or 
after  attainment  of  the  age  of  sixty  years,  shall  be  entitled  to  enter  upon 
an  annuity  immediately.  The  amount  of  such  annuity  shall  be  that 
which  can  be  provided,  as  of  age  sixty,  from  the  total  of  the  accumula- 
tions derived  as  follows : 

First:  The  accumulation  from  deductions  from  salary  of  such 
employee  for  old  age  retirement  annuity  on  the  date  when  he  attains  the 
age  of  sixty  years,  less  two  per  cent  of  such  accumulation. 

Second :  The  accumulation  on  the  date  when  he  attains  the  age 
of  sixty  years  of  the  contributions  made  by  the  employer  on  his  behalf 
for  old  age  retirement  annuity  less  two  per  cent  of  such  accumulation. 

§  16.  A  present  employee,  upon  withdrawal  from  service  upon  or 
after  attainment  of  the  age  of  sixty  years,  shall  be  entitled  to  enter  upon 
an  annuity  immediately.  The  amount  of  such  annuity  shall  be  that 
which  can  be  provided,  at  the  attained  age  of  the  employee  on  the  date 
when  he  enters  upon  an  annuity  from  the  total  of  the  accumulation 
derived  as  stated  below,  except  that,  subject  to  the  modification  of 
section  17,  the  amount  of  annuity  which  any  present  employee  shall 
receive  shall  not  exceed  that  which  a  future  entrant  would  receive  if 
such  future  entrant  were  of  like  age  at  entrance  into  service,  like  salary 
per  year  of  service,  and  like  period  of  service,  with  such  present  em- 
ployee : 

First :  The  accumulation  from  deductions  from  salary  of  such  em- 
ployee for  old  age  retirement  annuity  on  the  date  when  he  withdraws 
from  service,  less  two  per  cent  of  such  accumulation. 

Second :  The  accumulation  on  the  date  when  he  withdraws  from 
service  of  the  contributions  made  by  the  employer,  after  July  1,  1919,  on 
his  behalf  for  old  age  retirement  annuity,  less  two  per  cent  of  such 
accumulation. 

Third:  The  accumulation  on  the  date  when  he  withdraws  from 
service  of  an  amount  equal  to  the  amount  determined  as  the  credit  of 
such  employee  on  July  1,  1919,  because  of  service  rendered  by  such 
employee  prior  to  July  1,  1919,  as  stated  in  section  12. 

§  17.  The  amount  of  annuity  for  a  present  employee  shall  be  that 
which  can  be  provided  from  the  contributions  made  by  and  on  behalf  of 
such  employee  according  to  the  provisions  of  this  Act;  provided,  how- 
ever, that  if  any  present  employee  shall  attain  the  age  of  sixty  years  or 
over  while  in  service  and  shall  have  been  in  service  for  at  least  twenty 
years  on  the  date  when  he  retires  on  annuity,  the  amount  of  annuity 
which  such  employee  shall  receive  shall  not  be  less  than  forty  per  cent 
of  the  average  salary  received  by  such  employee  during  the  five  years 
of  service  next  preceding  the  date  when  such  employee  retires  on 
annuity. 

§  18.  If  an  employee,  -whether  present  employee  or  future. entrant, 
be  a  male  employee  and  under  the  age  of  sixty  years,  or  if  a  present 
employee  who  is  over  the  age  of  sixty  years  on  July  1,  1919,  has  a  wife 
on  such  date,  there  shall  be  deducted  from  each  and  every  payment  on 
account  of  salary  of  such  employee  from  which  a  deduction  shall  be 

—51  L 


802  REVENUE. 


made  for  old  age  retirement  annuity  for  such  employee,  an  amount  equal 
to  one  per  cent  of  the  amount  of  such  payment  on  account  of  salary,  to 
provide  for  a  widow's  annuity;  'provided,  however,  that  if  a  present 
employee  who  is  under  the  age  of  sixty  years  on  July  1,  1919,  shall 
have  no  wife  on  the  date  when  he  shall  attain  the  age  of  sixty  years,  no 
deductions  from  the  salary  of  such  employee  to  provide  a  widow's  an- 
nuity shall  be  made  after  such  employee  shall  attain  the  age  of  sixty 
years,  or  if  the  wife  of  a  present  employee,  from  whose  salary  deductions 
are  being  made  to  provide  a  widow's  annuity  after  such  employee  attains 
or  shall  have  attained  the  age  of  sixty  years  shall  die  while  such  deduc- 
tions are  being  made,  nor  further  deductions  from  the  salary  of  such 
employee  for  widow's  annuity  shall  be  made. 

The  employer  shall  contribute  for  a  widow's  annuity  for  any  such 
employee,  an  amount  equal  to  twice  the  amount  deducted  from  the 
salary  of  such  employee. 

In  determining  the  amounts  to  be  paid  by  the  employer  on  behalf 
of  each  such  employee  in  conformity  with  this  ratio,  the  contributions 
made  by  each  employee  during  any  fiscal  year  shall  be  accumulated  at 
regular  interest  to  the  end  of  such  year,  and  the  employer  shall  con- 
tribute amounts  bearing  to  the  total  of  such  accumulated  amounts,  the 
ratio  stated,  reckoning  regular  interest  between  the  end  of  such  fiscal 
year  and  the  dates  when  payments  by  the  employer  are  made. 

If  any  such  employee  be  a  present  employee,  the  employers  shall 
assume  payment  of  a  supplementary  annuity  to  the  widow  of  such 
employee,  if  such  employee  shall  leave  a  widow  eligible  for  annuity,  of 
an  amount  equal  to  that  which  can  be  provided  from  an  accumulation 
equal  to  one  quarter  of  the  accumulation  to  the  credit  of  such  em- 
ployee on  July  1,  1919,  as  stated  in  section  12  hereof. 

An  amount  equal  to  the  amount  determined  as  stated  in  the  pre- 
ceding paragraph  shall  be  treated  for  purposes  of  this  Act  as  an  accumu- 
lation to  the  credit  of  such  employee  on  July  1,  1919,  for  a  widow's 
annuity,  from  contributions  of  the  employer. 

The  annuity  which  the  amount  equal  to  the  amount  of  such  accu- 
mulation will  provide  for  the  widow  of  any  such  employee  shall  be  paid 
to  such  widow  as  a  supplementary  annuity.  Any  such  annuity  shall  be 
paid  from  the  Employers'  Supplementary  Fund. 

§  19.  On  the  date  when  any  employee  or  former  employee  retires 
on  annuity,  if  such  retirment  took  place  before  or  upon  attainment  of 
the  age  of  sixty  years,  or  on  the  date  when  any  employee  attains  the  age 
of  sixty  years  while  in  service  if  such  employee  be  a  future  entrant  or 
if  such  employee  be  a  present  employee  whose  contributions  for  old  age 
retirement  annuity  are  completed,  or  on  the  date  when  any  employee 
retires  on  annuity,  provided  such  employee  is  a  present  employee  from 
whom  contributions  shall  be  required  after  his  attainment  of  the  age 
of  sixty  years  if  he  remains  in  service,  if  such  employee  has  a  wife  who 
is  eligible  for  annuity,  the  accumulation  on  such  date  to  the  credit  of' 
such  employee  to  provide  a  widow's  annuity,  less  a  deduction  therefrom 
as  stated  in  this  section  below,  shall  be  used  to  provide  a  widow's 
annuitv  for  such  wife  as  of  her  attained  as;e  on  such  date,  such  annuity 


REVENUE.  803 


to  begin  upon  date  of  her  husband's  death;  except  that  the  amount  of 
annuity  payable  to  a  widow  of  a  present  employee  shall  not  be  in  excess 
of  that  which  would  be  payable  to  a  widow,  of  like  difference  in  age,  as 
compared  with  the  age  of  her  husband,  with  such  widow,  of  a  future 
entrant  of  like  age  at  entrance,  like  salary  per  year,  and  like  period  of 
service,  with  such  employee. 

If  any  employee  shall  die,  leaving  a  widow,  and  the  death  of  such 
employee  shall  occur  before  the  accumulation  to  the  credit  of  such  em- 
ployee to  provide  a  widow's  annuity  shall  be  used  to  provide  such 
annuity,  or  if  a  former  employee  shall  die  before  entering  upon  annuity, 
leaving  a  widow  eligible  for  annuity,  such  widow  shall  receive  an 
annuity  of  the  amount  which  the  accumulation  to  the  credit  of  such  em- 
ployee for  old  age  retirement  and  widow's  annuity  purposes  on  the  date 
of  death  of  such  employee,  less  a  deduction  as  stated  below,  will  provide, 
except  that: 

1.  If  such  accumulation  is  more  than  sufficient  to  provide  an 
annuity  of  two-thirds  of  forty  per  cent  of  the  salary  of  the  deceased 
husband  for  such  widow  on  the  assumption  that  her  age  was  exactly 
five  years  younger  than  that  of  her  husband,  then  the  accumulation 
from  contributions  of  the  employer  shall  be  used  only  to  the  extent  to 
which  it  would  be  used  to  provide  an  annuity  of  two-thirds  of  forty 
per  cent  of  such  salary  if  her  age  were  exactly  five  years  less  than  that 
of  her  husband. 

2.  The  annuity  to  a  widow  of  a  present  employee  shall  not  be  in 
excess  of  that  which  would  be  payable  to  a  widow,  of  like  difference  in 
age,  as  compared  with  the  age  of  her  husband,  with  such  widow,  of  a 
future  entrant  of  like  age  at  entrance,  like  salary  per  year  and  like 
period  of  service  with  such  employee. 

The  deduction  from  the  accumulation  to  the  credit  of  any  such 
employee  to  provide  a  widow's  annuity  shall  be  two  per  cent  of  that 
part  of  such  accumulation  as  is  derived  from  deductions  from  salary  of 
such  employee  plus  two  per  cent  of  that  part  of  such  acumulation  as 
is  derived  from  contributions  of  the  employer  after  July  1,  1919,  for 
a  widow's  annuity  for  the  widow  of  such  employee. 

§  20.  Annuities  shall  be  payable  to  children  of  the  blood  of  em- 
ployes or  former  employes  under  eighteen  years  of  age : 

(a)  Upon  death  of  any  such  employee  who  dies  while  in  service, 
or 

(b)  Upon  death  of  any  such  former  employee  who  withdrew  from 
service  upon  or  after  attainment  of  the  age  of  fifty-five  years  having  at 
that  age  rights  to  old  age  retirement  annuity,  provided  marriage  of  the 
parents  took  place  before  the  employee  withdrew  from  service,  or 

(c)  Upon  death  of  any  such  employee  or  former  employee  re- 
tired on  old  age  retirement  annuity,  provided  marriage  of  the  parents 
took  place  before  his  retirement  on  annuity  or  his  attainment  of  the 
age  of  sixty  years  while  in  service,  whichever  event  first  occurred,  or 

(d)  Upon  disability  of  any  such  employee  who  is  disabled  while 
in  performance  of  duty,  any  such  annuity  to  be  payable  during  such 
employee's  absence  from  service  because  of  such  disability,  until  such 
employee  attain  the  age  of  sixty-five  (65)   years. 


804        .  REVENUE. 


§  21.  A  child's  annuity,  if  a  widow  survives,  shall  be  ten  dollars 
($10,00)  per  month,  except  that  it  shall  be  only  five  dollars  ($5.00)  per 
month  after  such  child  has  attained  the  age  of  fourteen  years  when  such 
child  is  not  attending  school;  if  no  widow  survives,  a  child's  annuity  in 
all  cases  specified  above,  shall  be  five  dollars  ($5.00)  more  per  month 
than  the  amounts  stated;  provided,  however,  that  the  combined  annuities 
of  a  widow  and  children  shall  not  exceed  forty  per  cent  of  the  salary 
of  such  employee  as  it  was  at  the  time  of  his  death,  if  death  of  such  em- 
ployee did  not  occur  while  in  or  in  consequence  of  the  direct  perform- 
ance of  duty,  and  shall  not  exceed  seventy-five  per  cent  of  such  salary 
of  such  employee  in  the  case  of  death  of  such  employee  while  in  or  as  a 
consequence  of  the  direct  performance  of  duty,  nor  shall  the  combined 
annuities  of  an  employee  and  children  of  such  employee  in  the  case  of 
disability  incurred  in  consequence  of  the  direct  performance  of  duty 
exceed  the  salary  of  such  employee  at  the  time  of  such  disability,  less 
amounts  equal  to  the  contributions  necessary  on  the  part  of  such  em- 
ployee for  old  age  retirement  annuity  and  widow's  annuity  purposes. 

§  22.  The  employes  who  shall  be  contributors  to  the  Sickness  and 
Accident  Fund  shall  be  all  present  employes,  and  all  future  entrants, 
who  are  under  the  age  of  sixty-five  years  and  whose  periods  of  service 
are  in  excess  of  five  years,  except: 

(1)  Employes  absent  on  leave  of  absence,  who  are  not  receiving 
benefits  from  the  Sickness  and  Accident  Fund  shall  not  be  contributors 
during  such  period  of  leave  of  absence  after  a  period  of  thirty  days 
has  elapsed  from  the  elate  when  such  leave  of  absence  was  granted. 

(2)  Employes  who  are  in  receipt  of  benefits  from  the  Sickness 
and  Accident  Fund  or  employes  disabled  in  consequence  of  the  direct 
performance  of  duty. 

(3)  Employes  who  were  formerly  contributors  but  ceased  to 
become  such  as  stated  in  section  25  hereof. 

§  23.  During  the  first  fiscal  year,  each  employer  shall  pay  to  the 
Retirement  Board  an  amount  equal  to  one  quarter  of  one  per  cent  of 
the  salaries  of  all  employes  of  such  employer  under  the  jurisdiction  of 
said  Retirement  Board.  During  such  fiscal  year,  each  employer  shall 
contribute  one  quarter  of  one  per  cent  from  each  payment  made  on 
account  of  salary  of  such  employee  during  such  year. 

Thereafter  each  employer  shall  contribute  in  equal  amounts  with 
the  employes  of  such  employer  during  any  fiscal  year.  In  determining 
the  amounts  to  be  paid  by  the  employer  on  behalf  of  each  employee,  the 
contributions  made  by  each  employee  during  any  fiscal  year  shall  be 
accumulated  at  regular  interest  to  the  end  of  such  year  and  the  em- 
ployer shall  contribute  equal  amounts  to  the  total  of  such  accumulated 
amounts,  reckoning  regular  interest  between  the  end  of  such  fiscal  year 
and  the  dates  when  payment  by  the  employer  are  made. 

Each  employee  contributor  shall,  for  the  purposes  of  this  fund, 
contribute  during  any  fiscal  year  after  the  first,  a  percentage  of  salary, 
which  percentage  shall  be  the  same  for  all  employees,  to  be  determined 
by  the  Retirement  Board  from  estimates  based  on  the  experience  of  the 
Sickness  and  Accident  Fund  of  the  preceding  year.     In  this  connection 


REVENUE.  805 


the  salary  of  the  year  shall  be  the  actual  salary  of  the  employee  during 
the  year,  but  not  to  exceed  $2,500  per  year. 

If  at  the  end  of  any  fiscal  year  a  balance  remains  in  the  fund,  such 
balance  shall  be  used  during  the  following  fiscal  year  to  reduce  the 
payments  of  both  employers  and  employes  in  equal  amounts  as  between 
employers  and  employes. 

§  24.  A  contributor  to  the  Sickness  and  Accident  Fund  who  be- 
comes disabled  on  account  of  illness  or  accident  not  in  consequence  of 
direct  performance  of  duty,  whose  disability  extends  beyond  the  time 
allowed  under  laws,  ordinances  or  administrative  rules  for  sick  leave 
with  pay  shall  be  eligible  for  the  sickness  and  accident  benefits  provided 
under  the  provisions  of  this  Act  during  the  period  of  disability  until 
the  employee  attains  the  age  of  sixty-five  years,  except  that  the  period 
during  which  the  disability  benefit  shall  be  payable  shall  not  exceed  a 
period  equal  to  one-half  the  period  of  service  of  the  employee  before 
disability  benefits  were  granted,  nor  shall  such  period  exceed  ten  years. 
Payment  of  benefits  from  the  Sickness  and  Accident  Fund  shall  be 
subject  to  rules  to  be  adopted  by  the  Retirement  Board  which  rules 
shall  prescribe  the  length  of  time  which  must  elapse  between  the  time 
when  disability  occurs  and  the  time  when  receipt  of  such  benefits  shall 
begin. 

The  amount  of  such  benefit  shall  be  thirty  per  cent  of  the  salary, 
not  in  excess  of  $2,500,  of  the  employee  at  the  time  of  disability,  less 
such  percentages  of  salary  as  such  employee  is  required  to  pay  for  old 
age  retirement  annuity  and  widow's  annuity  purposes.  Amounts  equal 
to  such  percentages  of  salary  shall  be  paid  into  the  Salary  Deductions 
for  Annuity  Fund  and  placed  to  the  credit  of  the  disabled  employee 
therein. 

§  25.  The  provisions  of  this  Act  shall  be  modified  in  so  far  as 
they  apply  to  employees  whose  salaries  are  on  other  than  an  annual 
salary  basis,  as  follows : 

Contributions  required  from  contributing  employes  and  employers 
to  provide  the  sickness  and  accident  benefits  provided  herein  for  any 
such  employes  shall  be  made  under  the  following  provisions : 

Each  such  employee  shall  pay  in  advance  one-twelfth  of  the  amount 
of  the  annual  contribution  required  to  be  made  by  such  employee  to  the 
Sickness  and  Accident  Fund.  Thereafter  contributions  in  advance  shall 
be  made  as  follows : 

From  each  payment  on  account  of  salary  to  such  employee  dimng 
any  month,  there  shall  be  deducted  an  amount  equal  to  one  twenty- 
fourth  of  the  amount  of  annual  contribution  required  for  such  benefits. 
At  the  end  of  the  month,  the  account  of  such  employee  shall  be  credited 
with  such  amount  as  is  to  be  contributed  by  the  employer  as  stated 
below.  If  at  the  end  of  any  month  a  deficiency  exists  in  the  contribu- 
tions required  for  such  benefits,  the  amount  of  such  deficiency  shall  be 
paid  by  such  employee,  and  if  not  paid,  it  shall  be  deducted  from  the 
first  amount  due  the  employee  in  salary  or  wages  in  the  succeeding 
month.  If  at  the  end  of  such  succeeding  month  such  deficiency  is  not 
removed,  the  employee  shall  cease  to  be  a  contributor  to  the  Sickness 


806  REVENUE. 


and  Accident  Fund.  Such  employee  may  however  again  become  a 
contributor  by  passing  the  medical  examination  prescribed  by  the  Ee- 
tirement  Board  and  paying  the  cost  of  such  examination. 

If  at  the  end  of  any  fiscal  year,  the  account  of  any  such  employee 
shows  a  balance  to  the  credit  of  such  employee  of  an  amount  in  excess 
of  the  amount  required  as  contributions  toward  the  Sickness  and  Acci- 
dent Fund  for  such  year,  plus  one-twelfth  of  the  amount  of  such  annual 
contributions  required  from  such  employee,  an  amount  equal  to  the 
amount  of  such  excess  shall  be  paid  to  such  employee. 

The  contributions  to  be. made  by  the  employer  during  any  month 
shall  be: 

For  any  employee  whose  salary  is  on  a  monthly  basis,  one  twenty- 
fourth  of  the  amount  of  annual  contribution  required,  for  each  month 
during  which  such  employee  was  in  service. 

For  any  employee  whose  salary  is  on  other  than  an  annual  or 
monthly  basis,  one  six-hundredth  of  the  amount  of  annual  contribution 
required,  for  each  day  during  which  such  employee  was  in  service. 

§  26.  The  Eetirement  Board  shall  require  an  employee  who  is  in 
receipt  of  any  benefit  because  of  disability,  to  undergo  medical  exam- 
ination at  least  once  each  year  by  a  physician  or  physicians  designated 
by  the  Eetirement  Board.  Should  the  Eetirement  Board  decide  as  the 
result  of  such  examination  that  such  employee  is  no  longer  disabled 
for  the  performance  of  duty,  said  Eetirement  Board  shall  discontinue  all 
benefits  to  such  employee.  The  head  of  the  department  in  which  the 
employee  was  employed  at  the  time  of  his  disability  shall,  upon  notifica- 
tion by  the  Eetirement  Board,  reinstate  such  employee  in  such  position 
as  was  held  by  and  at  such  a  rate  of  salary  as  was  paid  to  such  employee 
at  the  time  when  disability  began. 

Should  such  employee  refuse  to  submit  to  any  such  examination, 
any  benefits  being  paid  such  employee  under  the  provisions  of  this  Act 
because  of  disability  shall  be  discontinued  immediately. 

Upon  application,  approved  by  the  Eetirement  Board,  of  any  em- 
ployee who  is  in  receipt  of  benefits  under  the  provisions  of  this  Act 
because  of  disability,  such  employee  shall  be  restored  to  active  service  by 
the  head  of  the  department  in  which  such  employee  was  employed  at 
the  time  of  his  disability. 

§  27.  If  an  employee,  before  his  attainment  of  the  age  of  sixty-five 
years  shall  be  so  disabled  as  the  direct  result  of  performance  of  duty, 
that  he  cannot  perform  the  duties  of  his  position,  he  shall  receive,  while 
so  disabled,  an  annuity  equal  in  amount  to  seventy-five  per  cent  of  his 
salary  as  it  shall  be  at  the  date  when  such  disability  results,  subject  to 
the  limitations  hereinafter  stated. 

Such  employee  shall  also  receive  a  further  annuity,  subject  to  the 
limitations  hereinafter  stated,  of  the  amount  stated  in  section  20,  on 
account  of  each  child  of  his  blood  under  eighteen  years  of  age ;  provided, 
however,  that  any  such  disabled  employee  shall  not  receive  any  annuity 
in  excess  of  the  amount  of  his  salary 'at  the  time  of  such  injury  less 
the  sums  that  would  be  deducted  from  the  salary  of  such  employee  for 


REVENUE.  807 


old  age  retirement  annuity  and  widow's  annuity  purposes  as  prescribed 
herein,  if  such  employee  were  in  receipt  of  such  salary. 

If  the  employee  be  under  the  age  of  sixty-five  years  when  such 
disability  results,  contributions  equal  in  amount  to  the  contributions 
therefore  made  by  such  employee,  and  on  his  behalf  by  the  employer, 
for  old  age  retirement  annuity,  and  for  widow's  annuity,  if  such  em- 
ployee be  a  male  employee,  shall  be  maintained  by  the  employers  during 
the  period  of  disability  until  the  employee  attains  the  age  of  sixty  years. 
Upon  attainment  of  such  age,  the  old  age  retirement  annuity  rights  for 
the  employee,  and  the  widow's  annuity  rights,  if  the  employee  be  a 
married  male,  shall  be  determined,  and  in  the  same  manner  as  if  the 
employee  were  in  active  service. 

Subject  to  the  modifications  stated  in  section  28,  the  amount  of 
annuity  prescribed  herein  shall  be  payable  to  the  employee  during  dis- 
ability until  he  shall  attain  the  age  of  sixty-five  years.  Upon  attainment 
of  such  age,  the  amount  of  annuity  payable  to  such  employee  shall  be 
the  amount  of  old  age  retirement  annuity  payable  to  him  as  specified  in 
this  Act. 

If  an  employee,  before  his  attainment  of  age  of  sixty-five  years, 
shall  lose  his  life  in  consequence  of  the  direct  performance  of  duty  and 
a  widow  shall  survive  him,  then  such  widow,  provided  she  does  not 
marry,  shall  receive  an  annuity,  subject  to  the  modifications  stated  in 
section  28,  of  an  amount  equal  to  fifty  per  cent  of  the  salary  of  such 
employee  as  it  shall  be  at  the  time  of  his  death  or  injury,  until  the  date 
when  such  employee,  if  he  had.  been  alive,  would  have  attained  the  age 
of  sixty-five  years.  After  such  date,  her  annuity  shall  be  that  provided 
for  the  widow  of  an  employee  who  dies  while  in  service,  except  that  the 
amount  of  such  annuity  shall  not  be  less  than  the  widow's  annuity  that 
would  have  been  provided  for  her  if  her  husband  had  lived  to  the  age  of 
sixty  years  and  had  received  in  salary  an  amount  equal  to  that  received 
by  him  at  the  time  of  his  death  or  injury. 

If  the  widow  of  an  employee  who  loses  his  life  in  consequence  of 
the  direct  performance  of  duty,  marries,  her  annuity  after  marriage 
shall  be  that  provided  for  the  widow  of  an  employee  who  dies  while  in 
service  or  after  retirement  on  annuity.  In  such  cases,  temporary 
annuities  shall  be  computed  as  running  from  the  time  of  the  employee's 
death. 

All  annuities  payable  on  account  of  injury,  or  death  of  an  em- 
ployee in  consequence  of  the  direct  performance  of  duty,  in  excess  of  the 
old  age  retirement  annuity  provided  for  such  employee  upon  attainment 
of  the  age  of  sixty  years  from  the  Annuity  Reserve  Fund,  and  all 
annuities  payable  to  widows  of  such  employes  in  excess  of  the  annuities 
provided  for  such  widows  from  the  Annuity  Reserve  Fund,  shall  be  paid 
by  the  employer. 

§  28.  If  an  employee  or  the  members  of  a  family,  as  herein 
described,  of  an  employee,  shall  receive  any  compensation  under  or  by 
virtue  of  the  Workmen's  Compensation  Act  on  account  of  disability  or 
death  resulting  from  the  direct  performance  of  duty,  the  annuity  or 
annuities  prescribed  for  such  person  or  persons  shall  he  reduced  by  the 


808  KEVENUE. 


amount  or  amounts  of  such  compensation,  if  such  amount  or  amounts 
be  less  than  such  annuity  or  annuities,  and  if  the  amount  or  amounts 
received  as  compensation  exceed  such  annuity  or  annuities,  then  an 
annuity  or  annuities  shall  not  be  payable  to  the  recipient  or  recipients 
of  such  compensation  until  the  expiration  of  the  period  of  time  during 
which  the  sum  of  the  annuity  or  annuities  payable  at  the  rate  herein 
stated  would  equal  the  sum  or  sums  received  as  compensation;  except 
that,  if  an  employee  attains  the  age  of  sixty  years  while  absent  from 
service  because  of  disability  incurred  as  the  direct  result  of  the  perform- 
ance of  duty,  or  attained  the  age  of  sixty  years  before  so  incurring 
disability,  or,  if  the  widow  of  an  employee  who  lost  his  life  while  in  or 
as  a  consequence  of  the  direct  performance  of  duty,  attains  an  age  at 
which  the  employee  if  alive  would  have  attained  the  age  of  sixty 
years,  then  the  old  age  retirement  annuity  provided  for  such  employee 
or  the  annuity  provided  for  the  widow  shall  thereafter  be  paid  to  the 
employee  or  the  widow  as  the  case  may  be  and  the  foregoing  provisions 
of  this  section  shall  apply  only  to  amounts  in  excess  of  such  annuity. 

§  29.  If  any  employee  shall  withdraw  from  service  before  com- 
pletion of  at  least  ten  full  years  of  service  and  before  attainment  of  the 
age  of  sixty  years,  refunds  shall  be  made  upon  request,  or  if  no  request 
is  made,  then  when  such  employee  shall  attain  the  age  of  sixty  years. 
If  any  employee  shall  withdraw  from  service  after  completion  of  at 
least  ten  full  years  of  service  but  before  attainment  of  the  age  of  fifty- 
five  years,  refunds  shall  be  made  upon  request,  provided  such  request 
is  made  before  such  employee  shall  have  attained  the  age  of  fifty-five 
years. 

The  amount  of  refund  shall  be  an  amount  equal  to  the  accumu- 
lation from  deductions  from  salary  of  such  employee,  for  old  age  re- 
tirement annuity  and  widow's  annuity  purposes,  on  the  date  when  such 
employee  shall  withdraw  from  service,  improved  at  interest  at  the  rate 
of  three  and  one-half  per  cent  per  annum  from  the  date  when  such  em- 
ployee shall  withdraw  from  service  to  the  date  when  request  for  refund 
is  made;  provided,  however,  that  such  accumulation  shall  not  be  im- 
proved at  interest  for  a  longer  period  than  twenty  years  from  the  date 
when  such  employee  shall  withdraw  from  service. 

If  any  male  employee  shall  attain  the  age  of  sixty  years  while  in 
service  and  shall  have  no  wife  on  the  date  when  he  attains  such  age, 
or  if  any  male  employee  shall  enter  upon  annuity  before  his  attainment 
of  the  age  of  sixty  years  and  shall  have  no  wife  on  the  date  when  he 
enters  upon  annuity,  or  if  a  former  employee  has  no  wife  eligible  for 
annuity  on  the  date  when  he  enters  upon  annuity,  then  refund  shall  be 
made  of  the  accumulation  on  such  date  to  the  credit  of  such  employee 
to  provide  a  widow's  annuity  for  such  employee,  provided  no  children 
eligible  for  annuity  exist. 

If  children  eligible  for  annuity  of  any  such  male  employee  exist,  an 
amount  sufficient  to  provide  annuities  for  such  children  shall  be  de- 
ducted from  the  amount  of  such  accumulation  and  the  balance,  if  any, 
shall  be  refunded.  When  annuity  rights  on  all  children  cease,  any 
remaining:  balance  shall  be  refunded. 


REVENUE.  809 


If  any  employee  shall  die  while  in  service  before  attaining  the 
age  of  sixty  years,  or  if  any  former  employee  shall  die  before  entering 
upon  annuity,  or  if  any  employee  shall  attain  the  age  of  sixty  years 
while  in  service,  or  if  any  employee  after  at  least  ten  full  years  of 
service  shall  withdraw  from  service  having  attained  at  least  the  age 
of  fifty-five  years,  or  if  any  employee,  who  shall  withdraw  from  service 
after  at  least  ten  years  of  service,  but  before  attainment  of  the  age  of 
fifty-five  years,  shall  not  make  request  for  refund  before  attaining  the 
age  of  fifty-five  years,  the  amounts  subject  to  the  right  of  such  employee 
to  receive  refunds  shall  be: 

The  amount  accumulated  from  the  deductions  from  the  salary  of 
such  employee  for  old  age  retirement  annuity  and  widow's  annuity 
purposes,  including  all  amounts  paid  by  the  employer  for  such  purposes 
in  lieu  of  deductions  from  the  salary  of  any  employee  disabled  in  con- 
sequence of  the  direct  performance  of  duty,  less  all  amounts  paid  in 
annuity  to  such  employe  and  the  widow  and  children  of  such  employee, 
shall  be  refunded,  provided  no  children  of  such  employee  shall  be  eligible 
for  annuity  upon  death  of  the  last  survivor  of  employee  and  widow. 

If  children  eligible  for  annuity  survive  said  last  survivor  and  a 
balance  over  the  amounts  paid  in  such  annuities  exists,  such  part  of 
such  balance  as  is  necessary  shall  be  set  aside  in  the  Children's  Annuity 
Fund  to  provide  children's  annuities,  and  the  remainder,  if  any,  shall  be 
refunded.  When  annuities  to  children  cease,  any  balance  remaining 
shall  be  refunded. 

The  foregoing  provisions  of  this  section  shall  be  modified  to  the 
extent  that  if  any  annuity  arises  through  disability  or  death  of  an 
employee  in  consequence  of  the  direct  performance  of  duty,  the  amount 
to  refund  shall  not  be  reduced  by  any  amounts  paid  in  annuity  prior  to 
the  date  when  such  employee  attains  the  age  of  sixty-five  years  or  would 
have  attained  such  age  if  alive. 

Refunds  of  accumulation  from  contributions  of  the  employer  for 
old  age  retirement  annuity  shall  be  made  to  the  employers  in  the  form 
of  a  credit  to  reduce  the  contributions  which  such  employers  would 
otherwise  be  required  to  make  during  the  following  year,  in  amounts 
and  under  conditions  as  stated  below. 

1.  If  an  employee  withdraws  from  service  and  receives  in  refunds 
the  accumulation  from  deductions  from  salary  for  old  age  retirement 
annuity  and  widow's  annuity  purposes  for  him,  the  entire  amount 
accumulated  from  contributions  of  the  employer  to  provide  old  age 
retirement  annuity  and  widow's  annuity  for  such  employee  shall  be 
credited  to  the  employers  when  refund  to  the  employee  is  made. 

2.  If  any  employee  withdraws  from  service  and  does  not  receive 
refund  of  the  accumulation  from  deductions  from  his  salary  for  old  age 
retirement  annuity  and  widow's  annuity  purposes  for  him,  the  accumu- 
lation of  contributions  by  the  employer  for  old  age  retirement  annuity  on 
behalf  of  such  employee  shall  remain  to  the  credit  of  such  employee 
until  the  date  when  such  employee  attains  the  age  of  sixty  years.  Ou 
such  date  the  accumulation,  or  that  part  not  to  be  credited  to  such 
employee  on  such  date,  shall  be  credited  to  the  employers  on  such  date. 


810  REVENUE. 


3.  Upon  death  of  an  employee,  any  balance  remaining  after 
widow's  and  children's  annuities  have  been  provided  for,  shall  be 
credited  to  the  employers  as  of  the  date  of  death  of  the  employee. 

Eefunds  shall  be  made  as  directed  by  the  employee  in  writing.  If 
no  direction  is  given,  they  shall  be  made  to  the  widow  of  such  employee 
if  such  widow  is  not  eligible  for  annuity,  or  if  no  widow  exists,  then  to 
the  children  of  such  employee  in  equal  amounts  to  each,  or  if  no  children 
exist,  then  to  surviving  parents,  if  any,  in  equal  amounts  to  each,  or  if 
there  be  no  surviving  parents,  then  to  the  heirs,  executors,  administra- 
tors, or  assigns  of  such  employee. 

In  case  of  the  withdrawal  of  an  employee  from  service,  the  Retire- 
ment  Board  may  at  its  discretion  defer  payment  of  refunds  for  a  period 
not  to  exceed  one  year,  except  that,  if  at  the  end  of  the  year  suit  is 
pending  to  determine  the  employee's  right  to  retain  his  former  position, 
payment  of  refunds  shall  be  suspended  until  disposition  is  made  of  such 
suit. 

To  provide  for  refunds  as  specified  in  this  Act,  there  shall  be 
deducted  from  the  accumulation  of  the  sums  deducted  from  the  salary 
of  each  employee  for  old  age  retirement  annuity  and  widow's  annuity 
purposes  for  him,  and  the  accumulation  of  the  sums  contributed  by  the 
employer  on  behalf  of  each  such  employee  for  such  purposes,  amounts 
equal  to  two  per  cent  of  such  accumulation,  as  provided  elsewhere  in 
this  Act,  except  that  no  such  deduction  shall  be  made  from  contribu- 
tions of  the  employer  to  provide  supplementary  annuities  for  present 
employees. 

§  30.  Any  employee  shall  be  entitled  to  credit  as  service  for  any 
or  all  periods  of  leave  of  absence  subsequent  to  the  date  when  this  Act 
comes  in  force  and  effect  not  in  excess  of  one-tenth  of  the  entire  term 
of  service  rendered  by  such  employee  prior  to  such  leave  or  leaves  of 
absence,  provided  that  no  such  leave  of  absence  shall  be  counted  in 
computing  service  upon  which  subsequent  leaves  of  absence  shall  be 
granted. 

If  an  employee  during  any  period  of  leave  of  absence  and  not 
receiving  benefits  from  the  Sickness  and  Accident  Fund  shall  pay  to 
the  Retirement  Board  amounts  equal  to  the  percentage  of  salary  there- 
tofore deducted  from  his  salary  for  old  age  retirement  annuity  and 
widow's  annuity  purposes,  his  employer  shall  pay  to  said  Retirement 
Board  the  corresponding  amounts  required  for  such  purpose.  Otherwise 
such  employer  shall  not  be  required  to  make  such  payments. 

If  an  employee  is  absent  on  leave  of  absence  without  pay  and  is 
not  in  receipt  of  benefit  from  the  Sickness  and  Accident  Fund,  he  shall 
be  permitted  to  remain  a  contributor  to  the  Sickness  and  Accident  Fund 
for  the  first  thirty  days  of  such  leave  of  absence,  by  payment  in  advance 
of  an  amount  equal  to  the  amount  being  paid  by  him  to  the  Sickness 
and  Accident  Fund  at  the  time  when  such  leave  of  absence  is  granted. 

§  31.  All  annuities  and  all  reserves  on  annuities  present  or 
prospective,  provided  for  in  thist  Act,  shall  be  computed  according  to 
the  American  Experience  Table  of  Mortality  and  four  per  cent  interest. 


REVENUE.  Sll 


Unless  otherwise  specifically  stated,  ail  interest  accretions  shall  be  at 
the  rate  of  four  per  cent  per  annum. 

In  any  case  where  the  annuity  provided  under  this  Act  is  less  than 
ten  dollars  ($10. 00)  per  month,  then  an  annuity  of  ten  dollars  ($10.00) 
per  month  shall  be  paid  the  annuitant  as  a  temporary  annuity. 

.  A  fiscal  year  shall  mean  the  year  commencing  with  July  first  and 
ending  with  June  thirtieth  next  following. 

Any  person  classed  as  an  employee  as  defined  in  this  Act,  or  any 
person  who  shall  hereafter  become  classed  as  an  employee  as  defined 
in  this  Act  shall  by  such  employment  accept  the  provisions  of  this  Act 
and  thereupon  become  contributors  under  said  Act  in  accordance  with 
the  terms  thereof.  And  the  provisions  of  this  Act  shall  become  a 
condition  of  the  employment  of  such  person  and  part  of  any  contract 
of  employment  entered  into  by  and  with  such  person.    . 

Any  amount  paid  into  the  Employers'  Annuity  Fund,  or  the  Salary 
Deductions  for  Annuity  Fund,  shall  begin  to  earn  interest  from  the  last 
day  of  the  calendar  month  when  such  amount  is  paid  into  such  fund. 

If  an  employee  upon  or  after  withdrawal  from  service  before  attain- 
ment of  the  age  of  fifty-five  years  and  after  at  least  ten  years  of  service 
does  not  apply  for  refunds  he  shall  be  deemed  to  be  eligible  for  annuity. 

The  accumulations  from  contributions  of  the  employer  or  employers 
to  provide  a  widow's  annuity  for  the  widow  of  a  former  employee  shall 
not  be  used  for  annuity  purposes  for  such  widow  to  a  greater  extent 
than  one-tenth  of  such  accumulation  for  each  year  of  service  rendered 
by  such  employee  in  addition  to  ten  full  years  of  service. 

In  case  of  disability  incurred  not  in  consequence  of  the  direct  per- 
formance of  duty,  amounts  equal  to  the  percentages  of  salary  required 
from  such  employee  and  the  employer  of  such  employee  for  old  age 
retirement  annuity  and  widow's  annuity  purposes  for  such  employee 
shall  be  paid  from  the  Sickness  and  Accident  Fund  to  the  Salary  De- 
ductions for  Annuity  Fund  and  the  Employers'  Annuity  Fund,  respec- 
tively, and  placed  to  the  credit  of  the  disabled  employee  therein. 

In  any  case  where  the  combined  annuities  of  a  widow  and  children 
of  a  deceased  employee,  or  of  a  disabled  employee  and  children  of  such 
employee,  would  exceed  the  limitation  upon  the  combined  annuities  of 
such  a  group  of  persons  as  stated  in  section  21,  the  annuities  of  such 
widow  and  children,  or  of  such  employee  and  children,  shall  be  pro 
rated,  to  conform  to  the  limitation  stated,  according  to  the  amounts 
that  would  otherwise  be  received  by  such  persons. 

Wherever  "contribute,"  "contributions,"  "contributor,"  or  "con- 
tributed" of  or  by  an  employee  are  mentioned  in  this  Act  they  shall 
mean  amounts  deducted  from  the  salary  of  an  employee  or  amounts 
otherwise  paid  by  an  employee  for  the  purposes  of  this  Act. 

The  Retirement  Board  may  specify  a  date  upon  which  all  employes 
under  the  jurisdiction  of  such  board  who  enter  service  during  any  part  of 
the  calendar  year  following  such  date  shall  be  considered  as  entering 
service,  and  when  such  date  is  thus  specified,  all  employes  entering  on 
any  subsequent  date  during  such  calendar  year  shall  be  considered  as 
having  entered  upon  the  date  specified. 


812  REVENUE. 


The  Eetirement  Board  shall  employ  one  or  more  actuaries,  whose 
duty  it  shall  be  to  determine  the  amount  of  money  necessary  to  be  pro- 
vided under  the  provisions  of  this  Act,  and  to  assist  the  Eetirement 
Board  in  preparing  the  statement  which  said  board  shall  prepare  as 
of  June  30  of  each  year,  and  to  certify  as  to  the  correctness  of  such 
statement. 

No  employee  shall  be  retired  upon  old  age  retirement  annuity 
prior  to  July  1,  1920,  unless  such  employee  shall  have  attained  an  age 
of  sixty -five  (65)  or  more  years  and  shall  have  been  in  service  at  least 
fifteen  years;  and  no  annuity  or  benefit  of  any  kind  shall  be  granted 
to  any  employee  under  the  provisions  of  this  Act  until  November  1, 
1919  and  no  payment  shall  be  made  to  any  employee  before  December 
1,  1919,  on  account  of  any  annuity  or  benefit  granted. 

Notwithstanding  any  other  provision  of  this  Act  concerning  deduc- 
tions from  salary  of  an  employee,  in  the  event  that  the  amount  specified 
in  this  Act  to  be  deducted  from  the  salaries  of  employees  during  the 
month  of  July,  1919,  shall  not  be  deducted  during  such  month  a  sum 
equal  to  such  amount  shall  be  deducted  from  the  first  payment  on 
account  of  salary  of  such  employee  made  subsequent  to  July,  1919, 
which  amount  shall  be  in  addition  to  the  regular  deduction  to  be  made 
from  such  payment  of  salary. 

All  moneys  accruing  from  the  levy  and  collection  of  taxes,  under 
section  3  hereof,  shall  be  turned  over  to  the  custodian  of  the  annuity 
and  benefit  fund  by  any  official  or  officials  who  shall  receive  said  moneys, 
as  soon  as  they  are  collected. 

§  32.  The  right  of  a  person  to  annuity  or  any  other  right  accruing 
to  any  other  person  under  the  provisions  of  this  Act,  and  the  moneys  in 
the  various  funds  created  under  this  Act,  are  hereby  exempt  from  any 
State  or  municipal  tax,  and  exempt  from  levy  and  sale,  garnishment, 
attachment,  or  any  other  process  whatsoever,  and  shall  be  unassignable 
except  as  in  this  Act  specifically  otherwise  provided. 

Approved  June  21,  1919. 


'     PARK   EMPLOYES'    ANNUITY   AND    BENEFIT    FUND. 
§    1.     Amends  section  3,  Act  of  1919.  §   3.     Tax    levy — rate. 

(Senate  Bill  No.    562.     Approved  June   30,    1919.) 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  to  provide  for 
the  creation,  setting  apart,  formation,  administration  and  disburse- 
ment of  a  parte  employees'  annuity  and  benefit  fund,"  passed  June 
6,  1919. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  3  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  creation,  setting  apart,  formation, 
administration  and  disbursement  of  a  park  employees'  annuity  and 
benefit  fund,"  passed  June  6,  1919,  be,  and  the  same  is  hereby  amended 
to  read  as  follows : 

§  3.  Each  of  said  boards  of  park  commissioners  shall  annually 
levy  a  tax   (in  addition  to  the  taxes  now  authorized  by  law)   upon  all 


REVENUE.  813 


taxable  property  embraced  in  the  districts  governed  by  them  respectively, 
at  the  rate  on  the  dollar  of  all  such  taxable  property  which  when  added 
to  the  amounts  deducted  from  the  salary  or  wages  of  employes  included 
under  the  provisions  of  this  Act  and  applied  to  the  annuity  and  benefit 
fund  created  hereunder,  shall  be  sufficient  to  provide  for  the  purposes 
of  this  Act  in  accordance  with  the  provisions  thereof.  Said  taxes  shall 
be  levied  and  collected  with  and  in  like  manner  as  the  general  taxes  of 
such  parks.  Said  taxes  shall  not  be  included  in  the  aggregate  of  all 
taxes  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,  as  subsequently  amended.  The  amount  of  such 
annual  tax  to  be  levied  by  any  such  board  of  park  commissioners  shall 
not  exceed  two-thirds  of  one  mill  on  the  dollar  of  the  assessed  valuation 
of  all  taxable  property  embraced  within  the  park  district  under  the 
jurisdiction  of  such  board  of  park  commissioners. 
Approved  June  30,  1919. 


PARK    POLICE    PENSION    FUND. 

§    1.     Amends  section  8,  Act  of  1917.  §    8.     How  secured — duty  of  In- 

surance    Superintendent 
— report — tax. 

(Senate   Bill   No.    457.     Approved   June    30,    1919.) 

An  Act  to  amend  section  S  of  an  Act  entitled,  "An  Act  to  provide  for 
the  setting  apart,  formation,  administration  and  disbursement  of  a 
park  police  pension  fund,"  filed  with  the  Governor  May  19,  1917,  in 
force  July  1,  1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  section  8  of  an  Act  entitled, 
"An  Act  to  provide  for  the  setting  apart,  formation,  administration  and 
disbursement  of  a  park  police  pension  fund,"  filed  with  the  Governor 
May  19,  1917,  in  force  July  1,  1917,  be  and  the  same  is  hereby  amended 
to  read  as  follows : 

§  8.  Said  pension  fund  shall  consist  of  amounts  of  two  and  one- 
half  per  cent,  retained  or  deducted  from  the  salary  or  wages  payable  to 
each  member  of  such  police  department  each  month,  and  such  other 
sums  as  are  hereinafter  referred  to. 

It  shall  be  the  duty  of  the  Superintendent  of  Insurance  of  the  State 
of  Illinois  to  determine  the  amount  of  money  necessary  to  be  provided 
annually  for  the  purpose  of : 

(a)  Paying  pensions  granted  under  the  Act  superseded  by  this 
Act; 

(b)  Paying  pensions  to  policemen  (their  widows  and  children 
entitled  thereto)  members  of  the  department  of  police  prior  to  January 
1,  1916;  and 

(c)  Establishing  and  maintaining  a  reserve  fund  for  the  payment 
of  pensions  to  policemen,  (their  widows  and  children)  becoming  mem- 
bers of  the  police  department  subsequent  to  January  1,  1916. 

Such  superintendent  of  insurance  shall  report  his  findings  to  the 
board  on  or  before  the  second  day  of  July  of  each  year.     Said  board 


814  REVENUE. 


shall  certify  to  the  board  of  park  commissioners  respectively  on  or  before 
the  tenth  day  of  'July  annually,  beginning  July  1917 : 

First :     The  assets  in  their  custody  at  such  time ; 

Second :  The  estimated  receipts  during  the  next  succeeding  year 
(from  July  1st  to  June  30th)  from  deductions  from  the  salary  of  police- 
men as  hereinabove  provided  and  from  all  other  sources; 

Third :     The  estimated  amount  required  during  said  period  for : 

(a)  Paying  pensions  granted  under  the  Act  superseded  by  this 
Act; 

(b)  Paying  pensions  to  policemen  (their  widows  and  children 
entitled  thereto),  members  of  the  department  of  police  prior  to  January 
1,  1916;  and 

(c)  Establishing  and  maintaining  a  reserve  fund  for  the  payment 
of  pensions  to  policemen,  (their  widows  and  children)  becoming  mem- 
bers of  the  police  department  subsequent  to  January  1,  1916. 

Each  of  said  boards  of  park  commissioners  shall  annually  levy  a  tax 
(in  addition  to  the  taxes  now  authorized  by  law)  upon  all  taxable  prop- 
erty embraced  in  the  district  governed  by  them  respectively  at  the  rate 
on  the  dollar  of  all  such  taxable  property  which,  when  added  to  the 
deductions  from  the  salary  or  wages  of  policemen  and  receipts  available 
from  all  other  sources,  as  hereinabove  referred  to,  will  amount  to  a 
sufficient  sum  to  meet  the  annual  requirements  above  referred  to  and 
designated  as  (a),  (b)  and  (c).  Said  taxes  shall  be  levied  and  col- 
lected with  and  in  like  manner  as  the  general  taxes  of  such  parks,  and 
the  fund  arising  therefrom  shall  be  known  as  the  "Park  Police  Pension 
Fund,"  which  fund  shall  be  used  solely  for  the  purpose  of  carrying  out 
the  provisions  of  this  Act;  said  taxes  shall  not  be  included  in  the  aggre- 
gate of  all  taxes  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  J"uly  1,  1901,  and  Acts  amendatory  thereto.  The  amount 
of  such  annual  tax  to  be  levied  by  the  South  Park  Commissioners  shall 
not  exceed  two  seventy-fifths  of  a  mill  on  the  dollar  upon  all  taxable 
property  embraced  within  such  park  district;  the  amount  of  such  annual 
tax  to  be  levied  by  the  West  Chicago  Park  Commissioners  shall  not 
exceed  one-fifteenth  of  a  mill  on  the  dollar  upon  all  taxable  property 
embraced  within  such  park  district;  and  the  amount  of  such  annual  tax 
to  be  levied  by  the  Lincoln  Park  Commissioners  shall  not  exceed  two 
fifty-firsts  of  a  mill  on  the  dollar  upon  all  taxable  property  embraced 
within  such  park  district. 

The  county  clerk  of  the  county  where  such  park  districts  are  located, 
or  such  officer  or  officers  as  are  authorized  by  law  to  spread  or  assess 
taxes  for  park  purposes,  or  other  purposes,  shall,  on  receiving  certificates 
from  such  boards  of  park  commissioners  that  the  amount  mentioned  in 
such  certificates  is  necessary  for  the  purpose  of  paying  the  liabilities 
incurred  by  the  operation  of  this,  Act,  spread  and  assess  such  amount 
upon  the  taxable  property  embraced  in  each  such  park  district,  the  same 
as  other  park  taxes  are  by  law  spread  and  assessed,  and  the  same  shall 
be  collected  and  paid  over  in  the  same  manner  as  other  park  taxes  are 
now  required  by  law  to  be  collected  and  paid. 


REVENUE.  815 


When  such  taxes  are  received  by  said  board  of  park  commissioners 
respectively,  they  shall  forthwith  be  turned  over  to  the  treasurer  of  the 
said  pension  board  upon  his  sole  receipt. 

Any  excess  remaining  at  the  end  of  the  fiscal  year  in  the  possession 
of  said  board  shall  be  credited  to  the  fund  for  the  ensuing  year;  and 
deficit  shall  be  provided  for  during  such  ensuing  year. 

Should  any  such  board  of  park  commissioners  be  without  authority 
to  levy  taxes,  then  the  corporate  authorities  of  any  such  town  (meaning 
the  town  supervisor,  clerk  or  assessor  thereof)  shall  perform  the  duties 
hereinabove  devolved  upon  the  board  of  park  commissioners. 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 

§•1.     Amends  section  1,  Act  of  1915.  §    2.     Amends  title  of  Act. 

§    1.     City    or   village   may   levy 
two-mill  tax. 

(Senate  Bill  No.    458.     Approved  June   30,    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  authorize 
cities  and  villages  having  a  population  of  less  than  50,000  to  maintain 
by  taxation  public  parks,"  approved  and  in  force  June  29,  1915,  as 
subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled, 
"An  Act  to  authorize  cities  and  villages  having  a  population  of  less  than 
50,000  to  maintain  by  taxation  public  parks,"  approved  and  in  force 
June  29,  1915,  as  subsequently  amended,  be  and  the  same  is  hereby 
amended  to  read  as  follows : 

§  1.  That  the  city  council  of  each  incorporated  city  of  this  State 
having  a  population  of  less  than  50,000  and  the  president  and  board  of 
trustees  of  each  village  of  this  State  having  a  population  of  less  than 
50,000,  whether  organized  under  the  general  law  or  a  special  charter, 
shall  have  power  to  purchase,  establish  and  maintain  public  parks  for  the 
use  and  benefit  of  the  inhabitants  of  such  city  or  village,  and  shall  have 
the  power  to  lease  such  parks  when  acquired  for  the  purpose  of  holding 
county  fairs  therein,  and  may  levy  a  tax  not  to  exceed  two  mills  on  the 
dollar  annually  for  such  purpose  on  all  taxable  property  embraced  in 
such  city  or  village  according  to  the  valuation  of  the  same  as  made  for 
the  purpose  of  State  and  county  taxation  by  the  last  assessment,  said  tax 
to  be  levied  and  collected  in  the  manner  provided  by  law  for  the  levy  and 
collection  of  other  city  or  village  taxes  in  such  cities  and  villages :  Pro- 
vided, that  if  the  inhabitants  of  any  city  or  village  having  a  population 
of  fifteen  hundred  (1,500)  or  more  shall  by  vote  so  determine,  said 
annual  tax  may  be  levied  in  addition  to  or  in  excess  of  taxes  levied  as 
limited  by  section  one  ( 1 )  of  Article  VIII  of  "An  Act  for  the  incorpora- 
tion of  cities  and  villages,"  approved  April  10,  1872,  and  the  amendatory 
Acts  thereto  or  by  any  provision  of  any  special  charter  under  which  any 
city  or  village  in  this  State  is  now  organized. 


816  REVENUE. 


§  2.  The  title  of  said  Act  shall  be  and  the  same  is  hereby 
amended  to  read  as  follows :  "An  Act  to  authorize  cities  and  villages 
having  a  population  of  less  than  50,000  to  purchase,  establish  and  main- 
tain public  parks  by  taxation,  and  to  lease  the  same  to  county  fairs." 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 

§    1.     Amends  section  1,  Act  of  1907.  §    2.     Amends  title  of  Act. 

§  1.  Cities  of  50,000  to  main- 
tain —  county  fairs  — 
tax  rate. 

(House  Bill  No.  103.     Approved  Mat  6,  1919.) 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  "An  Act  to 
authorize  cities  and  villages  having  a  'population  of  less  than  50,000  to 
maintain  by  taxation  public  paries",  approved  May  13,  1907,  in  force 
July  1,  1907,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  1  of  an  Act  entitled,  "An 
Act  to  authorize  cities  and  villages  having  a  population  of  less  than 
50,000  to  maintain  by  taxation  public  parks",  approved  May  13,  1907, 
in  force  July  1,  1907,  as  amended,  is  amended  to  read  as  follows: 

§  1.  That  the  city  council  of  each  incorporated  city  of  this  State 
having  a  population  of  less  than  50,000  and  the  president  and  board  of 
trustees  of  each  village  of  this  State  having  a  population  of  less  than 
50,000,  whether  organized  under  the  general  law  or  a  special  charter, 
shall  have  power  to  purchase,  establish  and  maintain  public  parks  for  the 
use  and  benefit  of  the  inhabitants  of  such  city  or  village,  and  shall  have 
the  power  to  lease  such  parks  when  acquired  for  the  purpose  of  holding 
county  fairs  therein,  and  may  levy  a  tax  not  to  exceed  three  mills  on  the 
dollar  annually  for  such  purpose  on  all  taxable  property  embraced  in 
such  city  or  village  according  to  the  valuation  of  the  same  as  made  for 
the  purpose  of  State  and  county  taxation  by  the  last  assessment,  said 
tax  to  be  levied  and  collected  in  the  manner  provided  by  law  for  the  levy 
and  collection  of  other  city  or  village  taxes  in  such  cities  and  villages: 
Provided,  that  if  the  inhabitants  of  any  city  or  village  having  a  popula- 
tion of  fifteen  hundred  (1,500)  or  more  shall  by  vote  so  determine,  said 
annual  tax  may  be  levied  in  addition  to  or  in  excess  of  taxes  levied  as 
limited  by  section  one  (1)  of  Article  VIII  of  "An  Act  for  the  incorpora- 
tion of  cities  and  villages",  approved  April  10,  1872,  and  the  amendatory 
Acts  thereto  or  by  any  provision  of  any  special  charter  under  which  any 
city  or  village  in  this  State  is  now  organized. 

§  2.     The  title  of  said  Act  is  amended  to  read  as  follows : 
"An  Act  to  authorize  cities  and  villages  having  a  population  of  less 
than  50,000  to  purchase,  establish  and  maintain  public  parks  by  taxation, 
and  to  lease  the  same  to  county  fairs." 

Approved  May  6,  1919. 


REVENUE.  817 


PARKS  AND  BOULEVARDS. 

§    1.     Amends  sections  1  and  19,  Act  of  §   19.     Tax   levy   for   payment 

1873.  of  interest  on   bonds, 

§      1.     Tax  levy  for  establish- 
ing park,  etc. 

(Senate  Bill  No.   423.     Approved  June   30,   191'J.,» 

An  Act  to  amend  section  1  and  section  19  of  an  Act  entitled,  "An  Act 
in  regard  to  the  completion,  improvement  and  management  of  public 
parks  and  boulevards,  and  to  provide  a  more  efficient  remedy  for  the 
collection  of  delinquent  assessments,"  approved  May  2,  1813,  in  force 
July  1,  1873,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  and  section  19 
of  an  Act  entitled,  "An  Act  in  regard  to  the  completion,  improvement 
and  management  of  public  parks  and  boulevards,  and  to  provide  a  more 
efficient  remedy  for  the  collection  of  delinquent  assessments,"  approved 
May  2,  1873,  in  force  July  1,  1873,  as  subsequently  amended,  be  and  the 
same  is  hereby  further  amended  to  read  as  follows: 

§  1.  That  persons  who  have  been  or  may  be  appointed  or  other- 
wise selected  as  commissioners  or  officers  and  constituted  a  board  of 
public  park  commissioners  for  any  town,  and  in  pursuance  of  any  Act 
or  Acts  of  the  General  Assembly  of  this  State  which  has  or  may  be 
submitted  to  the  legal  voters  of  any  town  and  by  them  adopted,  for  the 
purpose  of  locating,  establishing,  inclosing,  improving  or  maintaining 
any  public  parks,  boulevards,  driveways,  highways  or  other  public  work 
or  improvement,  shall,  in  addition  to  the  amount  of  money  now  author- 
ized to  be  raised  by  any  such  board  of  park  commissioners  by  taxation 
on  the  property  embraced  in  such  park  district  in  such  town,  be  an- 
nually allowed  a  sum  not  exceeding  one  mill  on  the  dollar  on  the  taxable 
property  in  said  town  and  embraced  within  such  park  district  according 
to  the  valuation  of  the  same  as  made  for  the  purposes  of  State  and 
county  taxation,  to  be  used  and  expended  by  such  board  of  park  com- 
missioners in  governing  and  maintaining  and  improving  such  parks 
and  boulevards  or  pleasure  ways  and  paying  other  necessary  and  in- 
cidental expenses  incurred  in  and  about  the  management  of  such  parks 
and  boulevards. 

§  19. .  For  the  purpose  of  providing  for  the  payment  of  the  interest 
on  such  bonds  as  it  falls  due,  and  also  to  pay  and  discharge  the  prin- 
cipal thereof,  at  the  maturity  of  the  same,  said  board  of  park  com- 
missioners are  hereby  required  and  directed  to  appropriate  any  annual 
park  tax  not  exceeding  one-third  of  one  mill,  upon  the  taxable  property 
in  any  such  town,  whether  known  as  'Boulevard  and  Park  tax'  or  other- 
wise, heretofore  authorized  and  directed  to  be  levied  under  authority 
of  law  and  the  vote  of  the  people  of  such  town,  and  the  proceeds  of  such 
tax  are  hereby  pledged  for  the  payment  of  such  interest  and  principal : 
Provided,  that  the  pledge  of  such  tax  shall  not  prevent  the  use  by  such 
corporate  authorities  or  said  board  of  park  commissioners,  of  any  other 
funds  which  may  be  in  their  control,  and  which  may  be  properly  ap- 
plicable for  the  payment  of  such  interest  or  principal. 
Approved  June  30,  1919. 
—52  L 


818  REVENUE. 


PARKS  AND  BOULEVARDS. 
§   1.     Amends  Act  of  1885.  §    1.     Tax  levy — rate. 

(Senate   Bill   No.    42  4.     Approved   June    30,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commis- 
sioners to  improve,  govern  and  ^maintain  the  parks  and  boulevards 
under  their  control/'  approved  June  26,  1885,  in  force  July  1,  1885. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  an  Act  entitled,  "An  Act 
to  enable  park  commissioners  to  improve,  govern  and  maintain  the  parks 
and  boulevards  under  their  control/'  approved  June  26,  1885,  in  force 
July  1,  1885,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  every  board  of  park  commis- 
sioners, having  a  bonded  indebtedness  incurred  by  virtue  of  the  laws 
of  this  State,  which  is  unable,  after .  paying  the  interest  and  yearly 
maturing  bonds,  to  properly  improve,  govern,  and  maintain  the  parks 
and  boulevards  under  its  control,  with  the  amount  of  money  now  author- 
ized by  law  to  be  raised  and  set  apart  for  that  purpose,  shall,  in  addition 
to  the  amount  of  money  now  authorized  to  be  raised  by  taxation  on  the 
property  embraced  in  its  park  district,  be  allowed  a  sum  not  exceeding 
two-thirds  of  one  mill  on  each  dollar  of  taxable  property  embraced  in 
such  park  district,  according  to  valuation  of  the  same  as  made  for  the 
purpose  of  State  and  county  taxation  by  the  last  assessment.  And  the 
officers,  authorized  by  law  to  assess  taxes  for  park  purposes  respectively, 
shall,  on  receiving  a  certificate  from  such  board  of  park  commissioners 
that  the  amount  mentioned  in  such  certificate,  not  exceeding  the  amount 
aforesaid,  is  necessary  for  the  proper  improvement,  government  and 
maintenance  of  the  park  property  under  its  control,  assess  the  same 
upon  the  taxable  property,  embraced  in  said  park  district,  the  same 
as  other  park  taxes  are  by  law  assessed,  and  the  same  shall  be  collected 
and  paid  over  the  same  as  other  park  taxes  are  now  required  by  law  to 
be  collected  and  paid. 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 
§    1.     Amends  section  1,  Act  of  1891.  §   2.     Amends  title  of  Act. 

§   1.     Tax  levy — rate. 

(Senate   Bill  No.    425.  Approved  June  30,    1919.) 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  "An  Act  to 
authorize  the  corporate  authorities  of  towns  to  issue  bonds  for  the  com- 
pletion and  improvement  of  public  parks  and  boulevards,  and  to  pro- 
vide a  tax  for  the  payment  of  the  same,"  approved  and  in  force  June 
12,  1891. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled, 
"An  Act  to  authorize  the  corporate  authorities  of  towns  to  issue  bonds 
for  the  completion  and  improvement  of  public  parks  and  boulevards,  and 


REVENUE.  819 


to  provide  a  tax  for  the  payment  of  the  same,"  approved  and  in  force 
June  12,  1891,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  any  town  which  is  now  in- 
cluded within  the  limits  of  any  city  in  this  State  where  the  boundaries 
and  limits  of  any  such  town  are  co-extensive  with  the  boundaries  and 
limits  of  any  park  district,  in  which  a  board  of  park  comimssioners  shall 
now  exist,  having  authority  by  law  to  acquire,  hold,  improve  and  main- 
tain land  and  the  appurtenances  in  trust  for  the  inhabitants  of  such 
town,  and  of  a  division  or  part  of  such  city,  and  for  such  parties  or  per- 
sons as  may  succeed  to  the  rights  of  such  inhabitants,  and  for  the  public 
as  a  public  promenade  and  pleasure  ground  and  ways,  but  not  for  any 
other  use  or  purpose  without  the  consent  of  a  majority,  by  frontage  of 
the  owners  of  the  property  fronting  the  same,  and  without  the  power  to 
sell,  alienate,  mortgage  or  encumber  the  same,  the  corporate  authorities 
of  such  town  (meaning  the  town  supervisor,  clerk  and  assessor  thereof), 
shall  have  authority,  and  such  corporate  authorities  of  any  such  town 
are  hereby  empowered,  upon  the  written  request  to  that  effect  of  any 
board  of  park  commissioners  or  the  successors  thereof,  which  shall 
now  exist  within  any  such  town,  to  issue  bonds  in  the  name  of  such 
town  to  an  amount  not  exceeding  in  the  aggregate  the  principal 
sum  of  one  million  dollars,  and  such  bonds,  when  so  issued  by  such  cor- 
porate authorities,  shall  be  delivered  to  such  board  of  park  commis- 
sioners, to  be  by  them-  sold  in  the  manner  hereinafter  provided,  and  the 
proceeds  thereof  used  for  the  improvement  of  any  land  now  held,  con- 
trolled and  maintained  by  any  such  board  of  park  commissioners,  for 
park  and  boulevard  purposes :  Provided,  that  the  total  indebtedness  of 
such  town,  including  the  said  sum  of  one  million  dollars  hereby  author- 
ized to  be  issued,  shall  not  exceed  five  per  centum  of  the  value  of  the 
taxable  property  of  such  town,  as  ascertained  by  the  last  assessment  for 
State  and  county  taxes  previous  to  issue  of  any  such  bonds.  And  such 
corporate  authorities  of  any  such  town  shall,  in  addition  to  the  amount 
of  any  tax  now  authorized  by  law  to  be  levied  and  collected  for  park  and 
boulevard  purposes  in  any  such  town,  levy  and  collect  annually  a  tax  not 
to  exceed  one  mill  on  the  dollar  upon  the  taxable  property  in  any  such 
town,  according  to  the  valuation  of  the  same  as  made  for  the  purposes  of 
State  and  county  taxation;  such  tax  to  be  used  and  expended  by  such 
board  of  park  commissioners  in  governing,  maintaining  and  improving 
such  parks  and  boulevards  or  pleasure  ways,  and  in  paying  the  interest 
and  principal  of  such  bonds  and  other  necessary  and  incidental  expenses 
incurred  in  and  about  the  management  of  any  such  parks  and  boule- 
vards. Neither  the  bonds  hereby  authorized  to  be  issued  for  the  purpose 
aforesaid,  nor  the  proceeds  thereof,  shall  be  used  by  such  board  of  park 
commissioners  for  any  other  purpose  than  the  improvement  of  the  lands 
now  held,  controlled  and  maintained  by  such  board  of  park  commission- 
ers. Nor  shall  any  portion  of  the  money  derived  from  the  sale  of  said 
bonds  be  used  or  expended  by  such  board  of  park  commissioners  in  the 
improvement,  maintenance,  control  or  repair  of  any  boulevard  or  pleas- 


820  REVENUE. 


ureway  which  has  been  or  may  hereafter  be  made  into  boulevards  or 
pleasureways  from  pre-existing  streets,  but  all  of  the  proceeds  of  the 
sale  of  such  bonds  shall  be  used  and  expended  exclusively  in  the  improve- 
ment of  the  lands  acquired  and  maintained  by  any  such  board  of  park 
commissioners  by  means  and  from  sources  other  than  the  transfer  of  any 
street  or  streets  by  the  common  council  of  any  municipal  corporation,  to 
the  management  and  control  of  any  such  board  of  park  commissioners. 

§  2.  The  title  of  the  Act  hereby  amended  shall  be  and  the  same  is 
hereby  amended  to  read  as  follows : ' 

"An  Act  to  authorize  the  cbrporate  authorities  of  towns  to  com- 
plete, improve  and  maintain  public  parks  and  boulevards,  and  to  provide 
for  the  cost  of  the  same  by  levying  taxes  and  issuing  bonds  therefor." 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 
§   1.     Amends  Act  of   1893.  §   1.     Tax    levy — rate. 

(Senate   Bill   No.    426.     Approved   June    30,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commission- 
ers to  maintain  and  govern  parks  and  boulevards  under  their  control," 
approved  June  17,  1893,  in  force  July  1,  1893,  as  subsequently 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  an  Act  entitled,  "An  Act  to 
enable  park  commissioners  to  maintain  and  govern  parks  and  boulevards 
under  their  control,"  approved  June  17,  1893,  in  force  July  1,  1893,  as 
subsequently  amended,  be  and  the  same  is  hereby  further  amended  to 
read  as  follows: 

§  1.  That  persons  who  have  been  or  may  be  appointed  or  otherwise 
selected  as  commissioners  or  officers  and  constituted  a  board  of  park  com- 
missioners for  any  town,  and  in  pursuance  of  any  Act  or  Acts  of  the 
General  Assembly  of  this  Scate  which  has  or  may  be  submitted  to  the 
legal  voters  of  such  town  and  by  them  adopted,  for  the  purpose  of  locat- 
ing, establishing,  enclosing,  improving  or  maintaining  any  public  parks, 
boulevards,  driveways,  highways  or  other  public  work  or  improve- 
ment, shall,  in  addition  to  the  amount  of  money  now  authorized  to 
be  raised  by  any  such  board  of  park  commissioners  by  taxation  on  the 
property  embraced  in  such  park  district  in  such  town,  be  annually  al- 
lowed a  sum  not  exceeding  eight-tenths  of  one  mill  on  the  dollar  of  the 
taxable  property  embraced  within  such  park  district,  according  to  the 
valuation  of  the  same,  as  made  for  the  purposes  of  State  and  county 
taxation,  and  such  additional  eight-tenths  of  one  mill  on  the  dollar  of 
the  taxable  property  in  such  town  and  park  district  shall  be  used  and 
expended  by  such  board  of  park  commissioners  in  governing  and  main- 
taining any  parks,  boulevards  or  pleasureways  under  the  jurisdiction, 
management  or  control  of  any  such  board  of  park  commissioners  and  for 
paying  any  other  necessary  and  incidental  expenses  incurred  in  and  about 
the  management  of  any  such  parks  and  boulevards ;  and  the  county  clerk 
of  the  county  in  Which  such  park  district  is  located,  or  such  other  officer 


REVENUE.  821 


or  officers  as  are  authorized  by  law  to  spread  or  assess  taxes  for  park 
purposes  or  other  purposes,  shall,  on  receiving  a  certificate  from  such 
board  of  park  commissioners,  on  or  before  the  first  day  of  August  in  each 
year,  that  the  amount  mentioned  in  such  certificate,  not  exceeding  the 
amount  aforesaid,  is  necessary  for  the  purpose  of  governing  and  main- 
taining" such  parks  and  boulevards  and  for  paying  the  necessary  and  inci- 
dental expenses  incurred  in  and  about  the  management  of  the  same, 
spread  and  assess  such  amount  upon  the  taxable  property  embraced  in 
such  park  district,  the  same  as  other  park  taxes  are  by  law  spread  and 
assessed;  and  the  same  shall  be  collected  and  paid  over  in  the  same 
manner  as  other  park  taxes  are  now  required  by  law  to  be  collected  and 
paid. 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 
§    1.     Amends  section  1,  Act  of  1893.  §    1.     Tax   levy — rate. 

(Senate  Bill,  No.    427.     Approved  June   30,    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  for 
the  assessment  and  collection  of  a  general  tax  by  cities  for  park  and 
boulevard  purposes,"  approved  and  in  force  June  17,  1893,  as  subse- 
quently amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  assessment  and  collection  of  a  general 
tax  by  cities  for  park  and  boulevard  purposes/'  approved  and  in  force 
June  17,  1893,  as  subsequently  amended,  be  and  the  same  is  hereby 
further  amended  to  read  as  follows : 

§  1.  That  the  city  council  in  cities  having  a  population  of  not 
less  than  five  thousand  nor  more  than  one  hundred  thousand  inhabit- 
ants, to  be  ascertained  by  the  last  United  States  census,  whether  in- 
corporated under  the  general  law  or  special  charter,  shall  have  the 
power,  by  ordinance,  to  provide  annually  by  taxation  a  special  fund  not 
to  exceed  twelve  (12)  cents  on  each  one  hundred  dollars'  valuation  of 
the  taxable  property  Avithin  the  corporate  limits  of  said  cities,  to  be 
assessed  and  collected  in  the  same  manner  as  the  other  general  taxes  for 
said  cities  are  assessed  and  collected,  to  be  usd  only  for  the  purpose 
of  purchasing  land  for  parks  and  boulevards  in  and  around  such  cities, 
and  for  opening,  improving  and  maintaining  the  same :  Provided,  that 
the  said  annual  park  and  boulevard  tax  shall  not  be  included  in  the 
aggregate  amount  of  taxes  as  limited  by  section  one  (1)  of  article  eight 
(8)  of  "An  Act  for  the  incorporation  of  cities  and  villages,"  approved 
April  10,  1872,  and  the  amendatory  Acts  thereto,  or  by  any  provision  of 
any  special  charter  under  which  any  city  in  this  State  is  now  organized : 
And,  provided,  further,  that  an  amount  not  to  exceed  twenty  per  cent 
of  such  special  fund  may  be  expended  for  the  purpose  of  providing  music 
in  such  parks  during  the  months  of  May,  June,  July,  August  and  Sep- 
tember in  each  year. 

Approved  June  30,  1919. 


822  REVENUE. 


PARKS  AND   BOULEVARDS. 

§   1.     Amends  section   8,   Act  of   1893.  ".  §8.     Pleasure     driveway     and 

park  districts  —  m  a  y 
raise  money  by  general 
taxation. 

(Senate   Bill   No.    428.     Approved   June   30,    1919.) 

An  Act  to  amend  section  8  of  an  Act  entitled,,  "An  Act  to  provide  for 
the  creation  of  pleasure  driveway  and  park  districts/'  approved  June 
19,  1893,  in  force  July  1,  1898,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  8  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  creation  of  pleasure  driveway  and 
park  districts,",  approved  June  19,  1893,  in  force  July  1,  1893,  as  sub- 
sequently amended,  be  and  the  same  is  hereby  further  amended  to 
read  as  follows : 

§  8.  Such  pleasure  driveway  and  park  district  created  under  this 
Act,  shall  have  power  to  acquire  by  gift,  devise,  grant  or  purchase,  or  by 
condemnation  under  the  Act  of  eminent  domain,  any  or  all  grounds  or 
lands  necessary  for  building,  laying  out,  and  maintaining  any  such 
pleasure  driveway,  boulevards  and  parks,  as  such  board  of  trustees  may 
deem  proper,  and  shall  also  have  the  power  to  raise  money  by  general , 
taxation  for  the  purpose  of  acquiring  the  right  of  way  for  laying  out, 
building  and  maintaining  any  such  driveway,  boulevards  and  parks,  and 
may,  by  general  taxation,  raise  sufficient  money  to  pay  all  necessary 
expenses  incurred  by  said  board  for  engineer's,  secretary's  and  attorney's 
services  and  for  the  purpose  of  keeping  in  repair,  and  for  paying 
policemen  or  other  persons  necessarily  employed  to  guard,  protect  and 
maintain  any  such  pleasure  driveway,  boulevards  and  parks  within  said 
district ;  and  power  is  also  hereby  conferred  upon  said  pleasure  driveway 
and  park  district  to  borrow  money  on  the  credit  of  the  district  and  issue 
bonds  therefor  in  such  amounts  and  on  such  conditions  as  it  shall  pre- 
scribe for  the  payment  of  land  condemned  or  purchased  for  parks,  boule- 
vards and  pleasure  driveways,  for  the  building,  maintaining  and  im- 
proving the  same,  and  for  the  payment  of  expenses  incident  thereto ;  but 
the  said  district  shall  not,  unless  authorized  by  a  vote  of  the  electors  of 
such  district  as  hereinafter  provided,  become  indebted  in  any  manner 
nor  for  any  purpose  to  any  amount,  above  existing  indebtedness;  but 
the  said  board  of  trustees  may  at  any  election  in  said  district  at  which 
members  of  said  board  are  voted  for,  also  submit  to  the  electors  of  said 
district  the  question  of  incurring  a  larger  amount  of  indebtedness  and 
issuing  bonds  therefor,  and  in  that  case  the  amount  of  indebtedness  to 
be  incurred  and  the  bonds  to  be  issued  shall  be  plainly  printed  on'  the 
ballots,  and  the  ballots  prepared  for  the  voters  at  any  election  upon  the 
question  of  such  increase  of  indebtedness  or  said  bond  issue  shall  con- 
form to  the  requirements  of  law  for  submitting  amendments  to  the 
constitution.  If  a  majority  of  the  electors  voting  at  such  election  shall 
vote  for  incurring  such  increase  of  indebtedness  or  bond  issue,  the  same 
.shall  thereby  be  fully  authorized;  but  such  further  increase  of  indebted- 
ness or  the  issuing  of  bonds  shall  in  no  case  exceed,  including  existing 
indebtedness,  the  sum  of  five  per  centum  on  the  value  of  taxable  property 


REVENUE.  823 


therein,  to  be  ascertained  by  the  last  equalized  assessment  for  State  and 
county  taxes  previous  to  the  borrowing  of  such  money  and  issuing  of 
such  bonds,  and  before  or  at  the  time  of  issuing  such  bonds,  said  board 
shall  provide  for  the  collection  of  an  annual  tax  sufficient  to  pay  the 
interest  on  such  bonds  as  it  falls  due  and  also  to  pay  and  discharge  the 
principal  thereof  within  twenty  (20)  years  from  the  date  of  issuing 
such  bonds. 

All  general  taxes  proposed  by  said  board  of  trustees  to  be  levied 
upon  the  taxable  property  within  said  district  shall  be. levied  at  the 
same  time  and  in  the  same  manner  as  taxes  are  now  levied  for  city  and 
village  purposes  under  the  laws  of  this  State :  Provided,  the  aggregate 
amount  of  taxes  levied  for  any  one  year,  exclusive  of  the  amount  levied 
for  the  payment  of  the  interest  on  the  bonded  indebtedness  shall  not 
exceed  the  rate  of  four  mills  on  the  dollar  upon  the  aggregate  valuation 
of  property  within  such  district  subject  to  taxation  therein  as  the  same 
was  equalized  for  the  State  and  county  taxes  for  the  year  previous.  All 
moneys  when  collected  under  any  of  the  provisions  of  this  Act  shall  be 
paid  to  the  treasurer  of  said  board  of  trustees  for  said  district. 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 
§    1.     Amends  Act  of  1895.  §   1.     Tax  levy — rate. 

(Senate  Bill  No.    430.     Approved  June   30,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commis- 
sioners to  maintain  and  govern  paries  and  boulevards  under  their 
control/'  approved  June  11,  1895,  in  force  July  1,  1895,  as  sub- 
sequently amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  enable  park  commissioners  to  maintain  and  govern  parks  and  boule- 
vards under  their  control,"  approved  June  17,  1895,  in  force  July  1, 
1895,  as  subsequently  amended,  be  and  the  same  is  hereby  further 
amended  to  read  as  follows: 

§  1.  That  persons  who  have  been  or  may  be  appointed,  or  other- 
wise selected  as  commissioners  or  officers  and  constituted  a  board  of 
park  commissioners  for  any  town,  and  in  pursuance  of  any  Act  or  Acts 
of  the  General  Assembly  of  this  State  which  has  or  may  be  submitted 
to  the  legal  voters  of  such  town  and  by  them  adopted,  for  the  purpose 
of  locating,  establishing,  enclosing,  improving  or  maintaining  any 
public  parks,  boulevards,  driveways,  highways  or  other  public  work  or 
improvement,  shall,  in  addition  to  the  amount  of  money  now  author- 
ized to  be  raised  by  any  such  board  of  park  commissioners  by  taxation 
on  the  property  embraced  in  such  park  district  in  such  town,  be  annually 
allowed  a  sum  not  exceeding  one  and  one-third  mills  on  the  dollar  of 
the  taxable  property  embraced  within  such  park  district  according  to 
the  valuation  of  the  same  as  made  for  the  purposes  of  State  and  county 
taxation,  and  such  additional  one  and  one-third  mills  on  the  dollar  of 
the  taxable  property  in  such  town  and  park  district  shall  be  used  and 


824  REVENUE. 


expended  by  such  board  of  park  commissioners  in  governing  and  main- 
taining any  parks,  boulevards,  or  pleasureways  under  the  jurisdiction, 
management  and  control  of  any  board  of  park  commissioners  and  for 
paying  any  other  necessary  and  incidental  expenses  incurred  in  and 
about  the  management  of  any  such  parks  and  boulevards;  and  the 
county  clerk  of  the  county  in  which  such  park  district  is  located,  or  such 
other  officer  or  officers  as  are  authorized  by  law  to  spread  or  assess  taxes 
for  park  purposes  or  other  purposes,  shall,  on  receiving  a  certificate  from 
such  board  of.  park  commissioners  on  or  before  the  first  day  of  August 
in  each  year  that  the  amount  mentioned  in  such  certificate,  not  exceed- 
ing the  amount  aforesaid,  is  necessary  for  the  purpose  of  governing 
and  maintaining  such  parks  and  boulevards  and  for  paying  the  neces- 
sary and  individual  expenses  incurred  in  and  about  the  management 
of  the  same,  spread  and  assess  such  amount  upon  the  taxable  property 
embraced  in  such  park  district  the  same  as  other  park  taxes  are  by 
law  spread  and  assessed,  and  the  same  shall  be  collected  and  paid  over 
in  the  same  manner  as  other  park  taxes  are  now  required  by  law  to  be 
collected  and  paid. 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 

§    1.     Amends  section  1,  Act  of  1897.  §   2.     Amends  title  of  Act. 

§  1.  Authority  of  corporate 
authorities  to  issue 
bonds  and  levy  tax. 

(Senate  Bill   No.    433.     Approved  June   30,    1919.) 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  "An  Act  to 
authorize  the  corporate  authorities  of  toivns  to  issue  bonds  for  the  com- 
pletion and  improvement  of  public  parks  and  boulevards,  and  to  pro- 
vide a  tax  for  the  payment  of  the  same,"  approved  June  9,  1897,  in 
force  July  1,  1897. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  en- 
titled, "An  Act  to  authorize  the  corporate  authorities  of  towns  to  issue 
bonds  for  the  completion  and  improvement  of  public  parks  and  boule- 
vards, and  to  provide  a  tax  for  the  payment  of  the  same,"  approved 
June  9,  1897,  in  force  July  1,  1897,  be  and  the  same  is  hereby  amended 
to  read  as  follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  any  town  Avhich  is  now  in- 
cluded within  the  limits  of  any  city  in  this  State,  where  the  boundaries 
and  limits  of  any  such  town  are  co-extensive  with  the  boundaries  and 
limits  of  any  park  district,  in  which  a  board  of  park  commissioners 
shall  now  exist,  having  authority  by  law  to  acquire,  hold,  improve,  and 
maintain  land  and  the  appurtenances  in  trust  for  the  inhabitants  of 
such  town,  and  of  a  division  or  part  of  such  city,  and  for  such  parties 
or  persons  as  may  succeed  to  the  rights  of  such  inhabitants,  and  for 
the  public  as  a  public  promenade  and  pleasure  ground  and  ways,  but 
not  for  any  other  use  or  purpose  without  the  consent  of  a  majority,  by 


REVENUE.  825 


frontage,  of  the  owners  of  the  property  fronting  the  same,  and  without 
the  power  to  sell,  alienate,  mortgage  or  encumber  the  same,  the  corpo- 
rate authorities  of  such  town  (meaning  the  town  supervisor,  clerk  and 
assessor  thereof),  shall  have  authority,  and  such  corporate  authorities 
of  any  such  town  are  hereby  empowered,  upon  the  written  request  to 
that  effect  of  any  board  of  park  commissioners,  or  the  successors  thereof, 
which  shall  now  exist  within  any  such  town,  to  issue  bonds  in  the  name 
of  such  town  to  an  amount  not  exceeding,  in  the  aggregate,  the  prin- 
cipal sum  of  three  hundred  thousand  dollars,  and  such  bonds,  when  so 
issued  by  such  corporate  authorities,  shall  be  delivered  to  such  board  of 
park  commissioners,  to  be  by  them  sold  in  the  manner  hereinafter  pro- 
vided, and  the  proceeds  thereof  used  for  the  improvement  and  comple- 
tion of  all  the  parks  and  of  any  land  now  held,  controlled  and  maintained 
by  any  such  board  of  park  commissioners,  for  park  and  boulevard  pur- 
poses :  Provided,  That  the  total  indebtedness  of  such  town,  including 
the  said  sum  of  three  hundred  thousand  dollars  hereby  authorized  to 
be  issued,  shall  not  exceed  five  per  centum  of  the  value  of  the  taxable 
property  of  such  town,  as  ascertained  by  the  last  assessment  for  State 
and  county  taxes  previous  to  issue  of  any  such  bonds.  And  such  corpo- 
rate authorities  of  any  such  town  shall,  in  addition  to  the  amount  of 
any  tax  now  authorized  by  law  to  be  levied  and  collected  for  park  and 
boulevard  purposes  in  any  such  town,  levy  and  collect  annually  a  tax, 
not  to  exceed  one  mill  on  the  dollar,  upon  the  taxable  property  in  any 
such  town,  according  to  the  valuation  of  the  same  as  made  for  the 
purposes  of  State  and  county  taxation ;  such  tax  to  be  used  and  ex- 
pended by  such  board  of  park  commissioners  in  governing,  maintaining 
and  improving  such  parks  and  boulevards  or  pleasure  ways,  and  in 
paying  the  interest  and  principal  of  such  bonds  and  other  necessary  and 
incidental  expenses  incurred  in  and  about  the  management  of  any  such 
parks  and  boulevards.  Neither  the  bonds  hereby  authorized  to  be 
issued  for  the  purpose  aforesaid,  nor  the  proceeds  thereof,  shall  be  used 
by  such  board  of  park  commissioners  for  any  other  purpose  than  the 
improvement  of  the  lands  now  held,  controlled  and  maintained  by  such 
board  of  park  commissioners,  but  all  of  the  proceeds  of  the  sale  of  such 
bonds  shall  be  used  and  expended  exclusively  in  the  improvement  of 
the  lands  acquired  and  maintained  by  any  such  board- of  park  com- 
missioners. 

§  2.  The  title  of  the  Act  hereby  amended  shall  be  and  the  same 
is  hereby  amended  to  read  as  follows : 

'An  Act  to  authorize  the  corporate  authorities  of  towns  to  com- 
plete, improve  and  maintain  public  parks  and  boulevards,  and  to  provide 
for  the  cost  of  the  same  by  levying  taxes  and  issuing  bonds  therefor.' 

Approved  June  30,  1919. 


S26  REVENUE. 


PARKS  AND  BOULEVARDS. 
§   1.     Amends  Act  of  1899.  §   1.     Tax   levy — rate 

(Senate   Bill   No.    434.     Approved   June   30,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  enable  park  commis- 
sioners to  maintain  and  govern  parks,  boulevards,  driveways,  prome- 
nades and  pleasure  grounds  under  their  control,"  approved  April  21, 
1899,  in  force  July  1,  1899,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  enable  park  commissioners  to  maintain  and  govern  parks,  boulevards, 
driveways,  promenades  and  pleasure  grounds  under  their  control,"  ap- 
proved April  21,  1899,  in  force  July  1,  1899,  as  subsequently  amended, 
be  and  the  same  is  hereby  further  amended  to  read  as  follows: 

§  1.  That  persons  who  have  been  or  may  be  appointed  or  otherwise 
selected  as  commissioners  or  officers,  and  constituted  a  board  of  public 
park  commissioners  for  any  three  towns  under  and  in  pursuance  of 
any  Act  or  Acts  of  the  General  Assembly  of  this  State,  which  has,  or 
have  been  or  may  be  submitted  to  the  legal  voters  of  such  three  towns 
and  by  them  respectively  adopted  for  the  purpose  of  locating,  establish- 
ing, enclosing,  improving  or  maintaining  any  public  park,  boulevard, 
driveway,  highway  or  other  public  work  or  improvement,  shall,  in 
addition  to  the  amount  of  mone^y  now  authorized  to  be  raised  by  any 
such  board  by  taxation  on  the  property  embraced  in  such  park  district 
in  such  three  towns,  be  annually  allowed  a  sum  not  exceeding  two  mills 
on  each  dollar  of  taxable  property  embraced  in  such  park  district, 
according  to  the  valuation  of  the  same,  as  made  for  the  purpose  of  State 
and  county  taxation  by  the  general  assessment  -last  preceding  the  time 
when  such  two  mills  tax  shall  be  levied.  And  the  county  clerk  of  the 
county  in  which  such  park  district  is  located,  or  such  other  officer  or 
officers,  as  are  by  law  authorized  to  spread  or  assess  taxes  for  park 
purposes  and  other  purposes,  shall,  on  receiving  a  certificate  from  such 
board  of  park  commissioners  that  the  amount  mentioned  in  such  certifi- 
cate, not  exceeding  the  amount  aforesaid,  is  necessary  for  the  proper 
improvement,  government  and  maintenance  of  the  park  property  under 
its  control,  spread  and  assess  such  amount  upon  the  taxable  property 
embraced  in  such  park  district,  the  same  as  other  park  taxes  are  by  law 
spread  and  assessed,  and  the  same  shall  be  collected  and  paid  over  the 
same  as  other  park  taxes  are  now  required  by  law  to  be  collected  and 
paid. 

Approved  June  30,  1919 


REVENUE.  827 


PARKS  AND  BOULEVARDS. 
§    1.     Amends  section  2,  Act  of  1901.  §   2.     Tax  levy — rate. 

(Senate   Bill   No.    435.     Approved   June   30,    1919.) 

An  Act  to  amend  section  2  of  an  Act  entitled,  "An  Act  to  enable  the  cor- 
porate authorities  of  two  or  more  towns  for  park  purposes,  to  issue 
bonds  to  raise  funds  for  the  acquisition  and  improvement  of  additional 
small  parks  or  pleasure  grounds  and  to  provide  for  the  payment  there- 
of," approved  and  in  force  May  10,  1901,  as  subsequently  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:    That  section  2  of  an  Act  entitled, 
"An  Act  to  enable  the  corporate  authorities  of  two  or  more  towns  for 
park  purposes,  to  issue  bonds  to  raise  funds  for  the  acquisition  and  im- 
provement of  additional  small  parks  or  pleasure  grounds  and  to  provide 
for  the  payment  thereof,"  approved  and  in  force  May  10,  1901,  as  subse- 
quently amended,  be  and  the  same  is  hereby  further  amended  to  read  as 
follows : 

§  2.  Authority  is  hereby  expressly  granted  to  the  board  of  park 
commissioners,  as  such  corporate  authorities  issuing  said  bonds,  to  levy 
and  collect  a  direct  annual  tax  upon  the  property  within  its  jurisdiction, 
in  addition  to  the  taxes  now  authorized  by  law  to  be  levied  and  collected 
for  park  and  boulevard  purposes  by  such  corporate  authorities,  sufficient 
in  amount  to  pay  the  interest  on  the  bonds  hereinbefore  authorized  as  it 
falls  due;  and  also  to  pay  and  discharge  the  principal  thereof  within 
twenty  (20)  years  from  the  date  of  issuing  said  bonds;  and  a  further  tax, 
to  be  expended  for  the  purposes  hereinafter  set  forth,  of  not  to  exceed 
one-third  of  one  mill  on  each  dollar  of  taxable  property  embraced  in  such 
park  district,  according  to  the  valuation  of  the  same  as  made  for  the  pur- 
pose of  State  and  county  taxation  by  the  general  assessment  last  preced- 
ing the  time  when  such  one-third  of  one  mill  tax  shall  be  levied ;  and  the 
county  clerk  of  the  county,  in  which  such  park  district  is  located,  or  such 
other  officer  or  officers  as  are  by  law  authorized  to  spread  or  assess  taxes 
for  park  purposes,  and  other  purposes,  on  receiving  a  certificate  from 
such  park  commissioners  that  the  amount  mentioned  in  such  certificate, 
not  exceeding  the  amount  aforesaid,  is  necessary  for  the  purpose  herein 
authorized,  shall  spread  and  assess  such  amount  upon  the  taxable  prop- 
erty in  said  park  district,  the  same  as  other  park  taxes  are  by  law  spread 
and  assessed,  and  the  same  shall  be  collected  and  paid  over  the  same  as 
other  park  taxes  are  now  required  by  law  to  be  collected  and  paid. 
Approved  June  30,  1919. 


828    ,  REVENUE. 


PARKS  AND  BOULEVARDS. 

§    1.     Amends  section  1,  Act  of  1895.  §    2.     Amends   title   of  Act. 

§    1.     Tax  levy — rate. 

(Senate  Bill  No.    436.     Approved  June   30,   1919.) 

An  Act  to  amend  section  1  and  the  title  of  an  Act  entitled,  "An  Act  to 
authorize  the  corporate  authorities  of  towns  to  issue  bonds  for  the 
completion  and  improvement  of  public  parks  and  boulevards,  and  to 
provide  a  tax  for  the  payment  of  the  same/'  approved  and  in  force 
June  21,  1895. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled, 
"An  Act  to  authorize  the  corporate  authorities  of  towns  to  issue  bonds 
for  the  completion  and  improvement  of  public  parks  and  bouelvards 
[boulevards,]  and  to  provide  a  tax  for  the  payment  of  the  same,"  approved 
and  in  force  June  21,  1895,  be  and  the  same  is  hereby  amended  to  read 
as  follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  any  town  which  is  now  in- 
cluded within  the  limits  of  any  city  in  this  State  where  the  boundaries 
and  limits  of  any  such  town  are  co-extensive  with  the  boundaries  and 
limits  of  any  park  district  in  which  a  board  of  park  commissioners  shall 
now  exist,  having  authority  by  law  to  acquire,  hold,  improve  and  main- 
tain land  and  the  appurtenances  in  trust  for  the  inhabitants  of  such 
town,  and  of  a  division  or  part  of  such  city,  and  for  such  parties  or  per- 
sons as  may  succeed  to  the  rights  of  such  inhabitants,  and  for  the  public 
as  a  public  promenade  and  pleasure  ground  and  ways,  but  not  for  any 
other  use  or  purpose  without  the  consent  of  a  majority,  by  frontage  of  the 
owners  of  the  property  fronting  the  same,  and  without  the  power  to  sell, 
alienate,  mortgage  or  encumber  the  same,  the  corporate  authorities  of 
such  town  (meaning  the  town  supervisor,  clerk  and  assessor  thereof) 
shall  have  authority,  and  such  corporate  authorities  of  any  such  town  are 
hereby  empowered,  upon  the  written  request  to  that  effect  of  any  board 
of  park  commissioners  or  the  successors  thereof  which  shall  now  exist 
within  any  such  town,  to  issue  bonds  in  the  name  of  such  town  to  an 
amount  not  exceeding  in  the  aggregate  the  principal  sum  of  six  hundred 
thousand  dollars,  and  such  bonds,  when  so  issued  by  such  corporate  au- 
thorities, shall  be  delivered  to  such  board  of  park  commissioners  to  be 
by  them  sold  in  the  manner  hereinafter  provided,  and  the  proceeds  there- 
of used  for  the  improvement  of  any  land  now  held,  controlled  and  main- 
tained by  any  such  board  or  park  commissioners,  for  park  and  boulevard 
purposes :  Provided,  that  the  total  indebtedness  of  such  town,  including 
the  said  sum  of  nine  hundred  thousand  dollars  hereby  authorized  to  be 
issued,  shall  not  exceed  five  per  centum  of  the  value  of  the  taxable  prop- 
erty of  such  town,  as  ascertained  by  the'  last  assessment  for  State  and 
county  taxes  previous  to  issue  of  any  such  bonds.  And  such  corporate 
authorities  of  any  such  town  shall,  in  addition  to  the  amount  of  any  tax 
now  authorized  by  law  to  be  levied  and  collected  for  park  and  boulevard 
purposes  in  any  such  town,  levy  and  collect  annually  a  tax  not  to  exceed 
one  mill  on  the  dollar  upon  the  taxable  property  in  any  such  town,  ac- 


REVENUE.  829 


cording  to  the  valuation  of  the  same  as  made  for  the  purposes  of  State 
and  county  taxation ;  such  tax  to  be  used  and  expended  by  such  board  of 
park  commissioners,  in  governing,  maintaining  and  improving  such 
parks  and  boulevards  and  pleasureways,  and  in  paying  the  interest  and 
principal  of  such  bonds  and  other  necessary  and  incidental  expenses  in- 
curred in  and  about  the  management  of  any  such  parks  and  boulevards. 
Neither  the  bonds  hereby  authorized  to  be  issued  for  the  purpose  afore- 
said, nor  the  proceeds  thereof,  shall  be  used  by  such  board  of  park  com- 
missioners for  any  other  purpose  than  the  improvement  of  the  lands  now 
held,  controlled  and  maintained  by  such  board  of  park  commissioners. 
Nor  shall  any  portion  of  the  money  derived  from  the  sale  of  said  bonds 
be  used  or  expended  by  such  board  of  park  commissioners  in  the  im- 
provement, maintenance,  control  or  repair  of  any  boulevard  or  pleasure- 
way  which  has  been  or  may  hereafter  be  made  into  boulevards  or 
pleasureways  from  pre-existing  streets,  but  all  of  the  proceeds  of  the 
sale  of  such  bonds  shall  be  used  and  expended  exclusively  in  the  improve- 
ment of  the  lands  acquired  and  maintained  by  any  such  board  of  park 
commissioners  by  means  and  from  sources  other  than  the  transfer  of  any 
street  or  streets  by  the  common  council  of  any  municipal  corporation,  to 
the  management  and  control  of  .any  such  board  of  park  commissiners. 

§  2.  The  title  of  the  Act  hereby  amended  shall  be  and  the  same  is 
hereby  amended  to  read  as  follows :  "An  Act  to  authorize  the  corporate 
authorities  of  towns  to  complete,  improve  and  maintain  public  parks 
and  boulevards,  and  to  provide  for  the  cost  of  the  same  by  levying  taxes 
and  issuing  bonds  therefor/' 

Approved  June  30,  1919. 


PARKS  AND   BOULEVARDS. 

§    1.     Amends  section  8,  Act  of  1911.  §   8.     Board     of    park     commis- 

sioners   to    lexy    tax  — 
rate. 

(Senate   Bill   No.    455.     Approved    June    30,    1919.) 

An  Act  to  amend  section  8  of  an  Act  entitled,  "An  Act  entitled,  'An 
Act  to  establish  and  maintain  parks  and  parkways  in  towns  and  town- 
ships',"  approved  May  29,  1911,  in  force  July  1,  1911. 

Section  1.  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly:  That  section  8  of  an  Act  en- 
titled, "An  Act  entitled,  'An  Act  to  establish  and  maintain  parks  and 
parkways  in  towns  and  townships',''  approved  May  29,  1911,  in  force 
July  1,  1911,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

§  8.  For  the  purpose  of  providing  a  fund  for  the  maintenance 
of  said  park  or  parks,  the  board  of  park  commissioners  are  hereby 
authorized  to  levy  annual  taxes,  not  exceeding  two-thirds  of  one  mill 
on  each  dollar  of  the  valuation  of  the  property  of  said  town  or  town- 
ship, as  assessed  for  taxation,  in  any  one  year,  which  shall  be  levied  and 
collected  at  the  time  and  in  the  manner  that  other  town  or  township 
taxes  are  required  to  be  levied  and  collected.  Said  maintenance  tax, 
when  levied  and  collected,  shall  b'e  kept  separate  from  all  other  town 
or  township  funds,  and  shall  be  applied  exclusively  to  the  expenses  of 


830  •  REVENUE. 


maintenance  and  up-keep,  adornment  and  development  of  any  park  or 
parks,  or  parkways  heretofore  acquired  by  such  town  or  township,  or 
to  the  acquisition  of  other  lands  to  be  used  for  public  park  purposes. 
Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 

§    1.     Amends  section  3,  Act  of  1915.  §   3.     Township      authorities      to 

levy   tax — rate. 

(Senate  Bill  No.    456.     Approved  June   30,    1919.) 

An  Act  to  amend  section  3  of  an  Act  entitled,  "An  Act  authorizing 
townships  to  acquire  and  maintain  lands  for  parte  purposes/'  approved 
and  in  force  June  23,  1915. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  3  of  an  Act  en- 
titled, "An  Act  authorizing  townships  to  acquire  and  maintain  lands 
for  park  purposes,"  approved  and  in  force  June  23,  1915,  be  and  the 
same  is  hereby  amended  to  read  as  follows: 

§  3.  For  the  purpose  of  providing  a  fund  for  the  maintenance 
of  said  park  or  parks,  the  township  authorities  (meaning  thereby  the 
town  supervisor  and  the  town  clerk  of  said  township)  are  hereby  author- 
ized to  levy  annual  taxes  not  exceeding  two-thirds  of  one  mill  upon 
each  dollar  of  the  valuation  of  the  property  in  said  township  as  assessed 
for  taxation  in  any  one  year,  which  shall  be  levied  and  collected  at  the 
time  and  in  the  manner  that  other  township  taxes  are  required  to  be* 
levied  and  collected.  Said  maintenance  tax,  when  levied  and  collected, 
shall  be  kept  separate  and  distinct  from  all  other  township  funds  and 
shall  be  applied  exclusively  to  the  expense  of  maintenance  and  up-keep, 
adornment  and  development  of  any  park  or  parks  therefore  acquired 
by  such  township,  or  the  acquisition  of  other  lands  to  be  used  for  public 
park  purposes. 

Provided,  this  Act  shall  have  no  application  to  any  municipality 
in  the  State  of  Illinois  having  a  population  of  less  than  one  hundred 
thousand   (100,000). 

Approved  June  30,  1919. 


PARKS  AND  BOULEVARDS. 
§   1.     Board  of  public  park  commissioners — rate  of  tax  levy. 

(Senate   Bill  No.    567.     Approved  June   30,    1919.) 

An  Act  to  enable  park  commissioners  to  maintain,  improve  and  govern 
parks,  boulevards,  driveways,  highways,  promenades,  and  pleasure 
grounds  under  their  control. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly.'  That  persons  who  have  been  or 
may  be  appointed  or  otherwise  selected  as  commissioners  or  officers,  and 
constituted  a  board  of  public  park  commissioners  for  any  three  towns 
under  and  in  pursuance  of  any  Act  or  Acts  of  the  General  Assembly 
of  this  State,  which  has,  or  have  been  or  may  be  submitted  to  the  legal 
voters  of  such  three  towns  and  by  them  respectively  adopted  for  the 


REVENUE.  831 


purpose  of  locating,  establishing,  enclosing,  improving  or  maintaining 
any  public  park,  boulevard,  driveway,  highway  or  other  public  work 
or  improvement,  shall,  in  addition  to  the  amount  of  money  now  author- 
ized to  be  raised  by  any  such  board  by  taxation  on  the  property  embraced 
in  such  park  district  in  such  three  towns,  be  annually  until  the  first 
day  of  July,  A.  D.  1922,  and  no  longer,  allowed  a  sum  not  exceeding  one 
mill  on  each  dollar  of  taxable  property  embraced  in  such  park  district, 
according  to  the  valuation  of  the  same,  as  made  for  the  purpose  of  State 
and  county  taxation  by  the  general  assessment  last  preceding  the  time 
when  such  one  mill  tax  shall  be  levied.  And  the  county  clerk  of  the 
county  in  which  said  park  district  is  located,  or  such  other  officer  or 
officers,  as  are  by  law  authorized  to  spread  or  assess  taxes  for  park 
purposes  and  other  purposes,  shall  on  receiving  a  certificate  from  such 
board  of  park  commissioners  that  the  amount  mentioned  in  such  certifi- 
cate not  exceeding  the  amount  aforesaid  is  necessary  for  the  proper 
improvement,  governance  and  maintenance  of  the  park  property  under 
its  control,  spread  and  assess  such  amount  upon  the  taxable  property 
embraced  in  such  park  district,  the  same  as  other  park  taxes  are  by 
law  spread  and  assessed,  the  same  shall  be  collected  and  paid  over 
the  same  as  other  park  taxes  are  now  required  by  law  to  be  collected 
and  paid. 

Approved  June  30,  1919. 

PARKS    AND    SUBMERGED    LANDS. 
§    i.     Amends  section  22,  Act  of  1895.  §    22.     Tax  levy — rate. 

(Senate  Bill,  No.    432.     Approved  June  30,    1919.) 

An  Act  to  amend  section  22  of  an  Act  entitled,  "An  Act  to  provide  for 
the  organization  of  park  districts  and  the  transfer  of  submerged  lands 
to  those  bordering  on  navigable  bodies  of  water"  approved  June  2k, 
1895,  in  force  July  1,  1895. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented' in  the  General  Assembly:  That  section  22  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  organization  of  park  districts  and  the 
transfer  of  submerged  lands  to  those  bordering  on  navigable  bodies  of 
water,"  approved  June  24,  1895,  in  force  July  1,  1895,  be  and  the  same 
is  hereby  amended  to  read  as  follows : 

§  22.  All  such  general  taxes  when  collected  shall  be  paid  over  to 
the  treasurer  of  the  board  of  commissioners,  who  is  authorized  to 
receive  and  receipt  for  the  same,  and  all  taxes  authorized  to  be  levied 
by  the  corporate  authorities  of  any  park  district  created  under  this  Act 
on  the  taxable  property  in  said  district,  shall  be  levied  at  the  same  time 
and  in  the  same  manner,  as  nearly  as  practicable,  as  taxes  are  now  levied 
for  city  and  village  purposes  under  the  laws  of  this  State :  Provided, 
the  aggregate  amount  of  taxes  levied  for  any  one  year  exclusive  of  the 
amount  levied  for  the  payment  of  bonded  indebtedness  or  interest 
thereon  shall  not  exceed  the  rate  of  two  and  two-thirds  mills  on  each 
dollar  of  taxable  property  in  said  district  on  the  aggregate  valuation  as 
equalized  for  State  and  county  taxes  for  the  preceding  year. 
Approved  June  30,  1919. 


832  REVENUE. 


PENSION   FUND — MUNICIPAL   EMPLOYES. 
§    1.     Amends  section  1,  Act  of  1911.  §   1.     Tax  levy- — rate. 

(Senate   Bill   No.    437.     Approved  June   30,    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  for 
the  formation  and  disbursement  of  a  pension  fund  in  cities,  villages 
and  incorporated  towns  having  a  population  exceeding  100,000  in- 
habitants for  municipal  employes  appointed  to  their  positions  under 
and  by  virtue  of  an  Act  entitled,  'An  Act  to  regulate  the  civil 
service  of  cities',  approved  and  in  force  March  20,  1895,  and  for  those 
who  were  appointed  prior  to  the  passage  of  said  Act  and  who  are 
now  in  the  service  of  such  city,  village  or  town,"  approved  May  31, 
1911,  in  force  July  1,  1911,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  formation  and  disbursement  of  a 
pension  fund  in  cities,  villages  and  incorporated  towns  having  a  popu- 
lation exceeding  100,000  inhabitnats  for  municipal  employes  appointed 
to  their  positions  under  and  by  virtue  of  an  Act  entitled,  'An  Act  to 
regulate  the  civil  service  of  cities/  approved  and  in  force  March  20, 
1895,  and  for  those  who  were  appointed  prior  to  the  passage  of  said 
Act  and  who  are  now  in  the  service  of  such  city,  village  or  town,"  ap- 
proved May  31,  1911,  in  force  July  1,  1911,  as  subsequently  amended, 
be  and  the  same  is  hereby  further  amended  to  read  as  follows: 

§  1.  That  hereafter  in  cities,  villages  and  incorporated  towns 
having  a  population  exceeding  100,000  inhabitants,  there  shall  be 
created,  established  and  maintained  a  pension  fund  for  municipal  em- 
ployes who  are  employed  in  such  cities,  villages  and  towns,  under  and  by 
virtue  of  an  Act  entitled,  "An  Act  to  regulate  the  civil  service  of  cities,*' 
approved  and  in  force  March  20,  1895,  and  for  those  who  were  ap- 
pointed prior  to  the  passage  of  said  Act  and  who  are  now  in  the  service 
of  such  city,  village  or  town:  Provided,  however,  that  the  provisions 
of  this  Act  shall  not  apply  to  probationary  employes,  nor  to  employes 
who  are  less  than  twenty-one  years  of  age,  nor  to  those  defined  as  sixty- 
day  employes  by  said  Act,  nor  to  any  employe  who  is  sixty  or  more 
years  of  age  at  the  time  this  Act  is  in  force  and  effect  and  who  at  said 
time  has  not  been  in  the  service  of  such  city,  village  or  town  for  at 
least  ten  years,  nor  to  any  employe  of  such  city,  village  or  town  now  or 
hereafter  participating  in  any  other  municipal  pension  fund.  Nor  to 
laborers,  unless  any  such  laborer  shall  within  six  months  after  this 
Act  shall  be  in  force  and  effect,  or  in  the  event  that  any  such  laborer 
is  not  now  in  the  employ  of  such  city,  village  or  town,  within  six  months 
after  such  laborer  shall  enter  the  service  of  such  city,  village  or  town, 
give  written  notice  of  his  election  to  the  board  of  trustees  of  said  fund 
of  his  desire  to  participate  in  the  benefits  hereunder. 

Said  fund  shall  consist  of  amounts  of  two  dollars  and  fifty  cents 
a  month  retained  or  deducted  by  the  comptroller  of  such  city,  village 
or  town  from  the  salaries  or  wages  of  each  employe  and  such  other  sums 
as  are  hereinafter  referred  to:  Provided,  however,  that  if  the  name 
of  any  such  employe  shall  not  appear  upon  the  pay-roll  of  the  depart- 


REVENUE.  833 


merit  in  which  he  or  she  is  employed  by  reason. of  leave  of  absence, 
sickness,  lack  of  work,  or  any  other  good  and  sufficient  cause,  making 
a  deduction  impossible,  such  employe  may  retain  his  or  her  rights  under 
this  Act  by  paying  two  dollars  and  fifty  cents  each  month  to  the  treas- 
urer of  such  city,  village  or  town  for  the  benefit  of  said  fund,  during 
his  or  her  temporary  absence  from  the  service.  In  computing  the  dur- 
ation of  service  of  each  employe,  the  time  during  which  he  or  she  may 
have  been  absent  from  duty  during  his  or  her  entire  term  of  service,  for 
any  cause  other  than  suspension  or  discharge,  shall  be  included. 

There  shall  be  set  apart  during  the  year  1917,  by  such  cities,  villages 
or  towns,  from  the  revenue  collected  or  received  by  such  cities,  villages 
and  towns  from  licenses  issued  by  such  cities,  villages  and  towns  author- 
izing persons  and  corporations  to  engage  in  any  business,  profession  or 
occupation  within  the  corporate  limits  of  such  cities,  villages  and  towns, 
excepting  public  utilities,  a  sum  equal  to  the  amount  deducted  from  the 
salaries  or  wages  of  the  aforesaid  employes  and  the  amounts  paid  to  the 
treasurer  of  such  city,  village  or  town  by  the  aforesaid  employes  for  the 
benefit  of  the  fund  hereby  created,  as  prescribed  in  this  section,  during 
the  preceding  fiscal  year;  and  thereafter,  beginning  with  the  year  1918, 
such  cities,  villages  and  towns  shall  set  apart  annualy  from  the  revenues 
collected  or  received  from  the  said  sources  a  sum  equal  to  twice  the 
amount  deducted  from  the  salaries  or  wages  of  the  aforesaid  employes 
and  twice  the  amount  paid  to  the  treasurer  of  such  city,  village  or  town 
by  the  aforesaid  employes  for  the  benefit  of  said  fund,  as  prescribed  in 
this  section,  during  the  preceding  fiscal  year. 

Such  sums  so  set  apart  by  such  cities,  villages*  and  towns  shall  be 
paid  by  the  official  or  officials  of  such  cities,  villages  and  towns  to  the 
treasurer  of  the  pension  fund  hereby  created,  on  or  before  the  third 
Tuesday  in  August  of  each  year. 

In  lieu  of  setting  apart  the  aforesaid  sums,  any  such  city,  village  or 
town  may  levy  a  tax  for  the  purpose  of  providing  revenue  for  the  pension 
fund  hereby  created,  and  for  that  purpose  it  shall  be  lawful  for  any  such 
city,  village  or  town  to  levy  a  tax  on  all  'taxable  property  of  such  city, 
village  or  town  in  such  amount  as  will  produce  the  sum  of  money  equal 
to  twice  that  deducted  from  the  salaries  or  wages  of  the  aforesaid  em- 
ployes and  twice  that  paid  to  the  treasurer  of  such  city,  village  or  town 
by  the  aforesaid  employes  for  the  benefit  of  the  pension  fund  created  by 
this  Act,  as  prescribed  in  this  section,  during  the  preceding  fiscal  year. 
Said  tax  (which  shall  in  no  event  exceed  one-third  of  a  mill  on  the 
dollar)  shall  be  levied  and  collected  in  like  manner  with  the  general 
taxes  of  such  city,  village  or  town,  which  said  tax  shall  be  in  addition  tc 
all  other  taxes  which  such  city,  village  or  town  is  now  or  may  hereafter 
be  authorized  to  levy  upon  the  aggregate  valuation  of  all  property  within 
such  city,  village  or  town,  and  the  county  clerk  of  the  county  in  which 
such  city,  village  or  town  is  located,  in  reducing  tax  levies  under  the  pro- 
visions of  an  Act  entitled,  "An  Act  concerning  the  levy  and  extension 
of  taxes,"  approved  May  9,  1901,  in  force  July  1,  1901,  as  subsequently 

—53  L 


834  REVENUE. 


amended,  shall  not  consider  the  tax  for  the  pension  fund  created  by  this 
Act  as  a  part  of  the  general  tax  levy  for  such  city,  village  or  town  pur- 
poses, and  shall  not  include  the  same  in  the  limitation  of  two  (2)  per 
cent  of  the  assessed  valuation  upon  which  taxes  are  required  to  be  ex- 
tended. All  moneys  derived  from  the  tax  so  levied  shall  be  set  apart  by 
the  official  or  officials  of  such  city,  village  or  town  to  whom  same  shall  be 
paid  as  a  fund  for  pensioning  the  employes  hereinbefore  described  of 
such  city,  village  or  town,  and  shall  be  paid  to  the  treasurer  of  the  pen- 
sion fund  created  by  this  Act  as  soon  as  said  moneys  are  received  by  said 
official  or  officials.  Should  there  be  insufficient  funds  to  meet  the  re- 
quirements of  this  Act  during  any  year,  such  city,  village  or  town  may 
issue  and  dispose  of  tax  anticipation  warrants  as  provided  by  law  against 
the  tax  levy  for  the  current  fiscal  year. 

If  the  sum  derived  from  the  tax  levied  as  aforesaid  should  exceed 
twice  that  deducted  from  the  salaries  or  wages  of  the  aforesaid  employes 
and  twice  that  paid  to  the  treasurer  of  such  city,  village  or  town  by  the 
aforesaid  employees  for  the  benefit  of  said  fund,  as  prescribed  in  this 
section,  and  applied  to  this  fund  during  the  preceding  fiscal  year,  the 
sum  to  be  paid  into  the  fund  during  the  next  succeeding  year  shall  be 
reduced  by  the  amount  of  such  excess.  If  the  sum  derived  from  the  said 
tax  levied  as  aforesaid  should  be  less  than  the  aforesaid  sum  of  twice 
that  deducted  from  the  salaries  or  wages  of  the  aforesaid  employes  and 
twice  that  paid  to  the  treasurer  of  such  city,  village  or  town  by  the  afore- 
said employees  for  the  benefit  of  the  fund,  as  prescribed  in  this  section, 
during  the  preceding  fiscal  year,  the  amount  of  such  deficit  shall  be 
included  in  the  tax  levy  for  the  ensuing  year. 

And  at  the  time  of  the  payment  of  such  moneys,  collected  or  received 
from  licenses,  or  resulting  from  the  levy  and  collection  of  the  tax  herein- 
before provided  for,  said  official  or  officials  shall  make  a  sworn  statement 
to  the  board  of  trustees  of  said  pension  fund  and  to  the  mayor  of  such 
city  or  cities,  or  the  president  of  the  board  of  trustees  of  such  villages  and 
towns  of  all  moneys  received  and  paid  out  by  such  official  or  officials  on 
account  of  said  pension  fund  during  the  year,  and  any  such  official  or 
officials  shall  at  any  and  all  times,  upon  demand  by  said  pension  board, 
furnish  to  said  board  a  statement  or  information  of  any  kind  relative  to 
said  official's  or  officials'  method  of  collecting  or  handling  of  said  pension 
funds,  and  all  books  and  records  of  such  official  or  officials  shall  be  pro- 
duced at  any  time  by  said  official  or  officials  for  examination  and  inspec- 
tion by  said  board  of  pension'  trustees,  for  the  purposes  herein  provided. 

Approved  June  30,  1919. 


REVENUE.  835 


POLICE  PENSION  FUND— CITIES  EXCEEDING  200,000   INHABITANTS. 

S    1.     Amends  section  9,  Act  of  1915.  §    9.     Fund — how    created — may 

levy  tax  —  report  to 
Superintendent  of  In- 
surance. 

(Senate  Bill  No.   388.     Approved  June   30,    1919.) 

An  Act  to  amend  section  9  of  an  Act  entitled,  "An  Act  to  provide  for 
the  setting  apart,  formation  and  disbursement  of  a  police  pension  fund 
in  cities  having  a  population  exceeding  two  hundred  thousand  in- 
habitants," approved  June  29,  1915,  in  force  July  1,  1915,  as 
amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  9  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  setting  apart,  formation  and  dis- 
bursement of  a  police  pension  fund  in  cities  having  a  population  ex- 
ceeding two  hundred  thousand  inhabitants/'  approved  June  29,  1915, 
in  force  July  1,  1915,  as  amended,  be  and  the  same  is  hereby  further 
nmended  to  read  as  follows : 

§  9.  Said  pension  fund  shall  consist  of  amounts  of  two  and  one- 
half  (2y2%)  per  cent,  retained  or  deducted  by  the  comptroller  of  any 
such  city  from  the  salary  or  wages  payable  monthly  to  each  policeman 
and  such  other  sums  as  are  hereinafter  referred  to. 

It  shall  be  the  duty  of  the  Superintendent  of  Insurance  of  the 
State  of  Illinois  to  determine  the  amount  of  money  necessary  to  be 
provided  annually  for  the  purpose  of : 

(A)  Paying  pensions  granted  under  the  Act  superseded  by  this 
Act; 

(B)  Paying  pensions  to  policemen  (their  widows  and  children 
entitled  thereto),  members  of  the  police  force,  prior  to  January  1, 
1916;  and 

(C)  Establishing  and  maintaining  a  reserve  fund  for  the  payment 
of  pensions  to  policeman  [policemen]  (their  widows  and  children)  be- 
coming members  of  the  police  force  subsequent  to  January  1,  1916. 

Such  Superintendent  of  Insurance  shall  report  his  findings  to  the 
board  on  or  before  the  first  day  of  November  of  each  year,  beginning 
November  1,  1917. 

The  board  shall  certify  to  the  city  council  of  such  city,  on  or 
before  the  first  day  of  December,  annually,  beginning  December  1, 
1917: 

First.     The  assets  in  their  custody  at  such  time. 

Second.  The  estimated  receipts  during  the  next  succeeding  year 
(from  January  1st  to  December  31st)  from  deductions  from  the  salary 
of  policemen,  as  hereinabove  provided,  and  from  all  other  sources. 

Third.     The  estimated  amount  required  during  said  period  for: 

(A)  Paying  pensions  granted  under  the  Act  superseded  bv  this 
Act. 

(B)  Paying  pensions  to  policemen  (their  widows  and  children 
entitled  thereto)  members  of  the  police  force  prior  to  January  1,  1916, 
and 


836  REVENUE. 


(C)  Establishing  and  maintaining  a  reserve  fund  for  the  payment 
of  pensions  to  policemen  (their  widows  and  children)  becoming  mem- 
bers of  the  police  force  subsequent  to  January  1,  1916. 

It  shall  be  lawful  for  any  such  city  to  levy  a  tax  of  not  more  than 
six-tenths  of  a  mill  on  the  dollar  on  all  taxable  property  of  such  city 
in  such  sum  as  will,  when  added  to  the  deductions  from  the  salary  or 
wages  of  policemen  and  receipts  available  from  other  sources,  as  herein- 
before referred  to,  amount  to  sufficient  income  to  meet  the  actual  re- 
quirements above  referred  to  and  designated  (A),  (B)  and  (C).  Said 
taxes  shall  be  levied  and  collected  in  like  manner  with  the  general  taxes 
of  such  city  and  the  fund  arising  therefrom  shall  be  known  as  "Police 
Pension  Fund;"  which  said  tax  shall  be  in  addition  to  all  other  taxes 
which  such  city  is  now  or  hereafter  may  be  authorized  to  levy  upon 
the  aggregate  valuation  of  all  property  within  such  city,  and  the  county 
clerk  of  the  county  in  which  such  city  is  located  in  reducing  tax  levies 
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, 
as  subsequently  amended,  shall  not  consider  the  tax  for  said  police 
pension  fund  authorized  by  this  Act  as  a  part  of  the  general  tax  levy 
for  city  purposes,  and  shall  not  include  the  same  in  the  limitation  of 
two  per  cent  of  the  assessed  valuation  upon  which  taxes  are  required  to 
be  extened. 

The  city  council  of  such  city  shall  thereafter  annually  include  and 
appropriate  from  such  fund  in  the  appropriation  bill  such  sum  or  sums 
of  money  as  may  be  necessary  to  meet  the  annual  requirements  above 
referred  to  and  designated  (A),  (B)  and  (C). 

Should  there  be  insufficient  funds  to  meet  the  requirements  of  this 
Act  during  any  year,  such  city  may  issue  and  dispose  of  tax  antici- 
pation warrants  as  provided  by  law  against  the  tax  levy  for  the  current 
fiscal  year. 

In  the  event  that  such  city  shall  during  any  year  fail,  neglect  or 
refuse  to  provide  for  the  levy  and  collection  of  the  aforesaid  tax,  then 
there  shall  be  set  apart  annually  from  the  revenues  collected  or  received 
by  such  city  from  licenses  issued  by  such  city  authorizing  persons  and 
corporations  to  engage  in  any  business,  profession  or  occupation  within 
the  corporate  limits  of  such  city,  excepting  public  utilities,  a  sum  which, 
when  added  to  the  deductions  from  the  salary  or  wages  of  policemen 
above  referred  to  and  receipts  available  from  other  sources  will  amount 
to  a  sufficient  income  to  meet  the  annual  requirements  above  referred 
to  and  designated  (A),  (B)  and  (C). 

All  moneys  collected  by  taxation  or  from  licenses,  as  the  case  may 
be,  shall  be  transferred  to  the  board  as  hereinafter  provided,  and  any 
excess  remaining  at  the  end  of  the  fiscal  year  in  the  possession  of  said 
board  shall  be  credited  to  the  fund  for  the  ensuing  year;  any  deficit 
shall  be  provided  for  during  such  ensuing  year. 

All  moneys,  bonds  or  assets  of  any  nature  and  description  in  the 
possession  of  the  board  of  trustees  of  the  police  pension  fund  of  any 
city  having  a  population  exceeding  two  hundred  thousand  (200,000) 
inhabitants  included  in  the  Act  which  is  superseded  by  this  Act,  or  to 


REVENUE.  837 


which  such  board  may  be  by  law  entitled,  shall,  upon  the  taking  effect  of 
this  Act,  become  the  property  of  the  board  of  trustees  of  the  police 
pension  fund  hereby  created;  whereupon  said  board  first  above  referred 
to  shall  be  and  hereby  is  dissolved  and  abrogated:  Provided,  however, 
that  all  revenue  which  said  board  so  abrogated  would  have  been  by  law 
entitled  to  between  June  30,  1915,  and  January  1,  1916,  had  not  this 
Act  become  operative,  shall  be  paid  to  and  become  the  property  of  said 
board  of  trustees  hereby  created  for  the  uses  and  purposes  herein  set 
forth :  And,  provided,  further,  that  all  legal  proceedings  instituted  by, 
or  in  the  name  of,  or  against  said  board,  shall  be  continued  without 
abatement  either  in  the  name  of  said  board  or  in  the  name  by  which  they 
are  instituted  and  concluded. 

Said  board  shall  submit  a  report,  at  least  once  each  year  to  the  Super- 
intendent of  Insurance  of  this  State,  and  the  said  Superintendent  of  In- 
surance shall  prescribe  the  form  of  such  reports,  the  matter  which 
they  shall  contain,  and  the  time  when  they  shall  be  submitted,  and  said 
superintendent  of  insurance  shall  report  the  information  so  submitted, 
or  a  comprehensive  summary  thereof,  to  the  Governor  of  this  State  at 
least  once  each  year.  The  said  superintendent  of  insurance  shall  also 
prescribe  a  system  of  records  and  accounting  to  be  used  in  the  manage- 
ment of  this  fund. 

Approved  June  30,  1919. 


POLICE    PENSION    FUND. 

§   1.     Amends  section  1,  Act  of  1917.  §   2.     Amends  title  of  Act. 

§   1.     How   fund   created  —  may 
levy   tax — rate. 

(Senate   Bill   No.    389.     Approved  'June    30,    1919.) 

An  Act  to  amend  section  1  and  the  title  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  5,000  and  not  more 
than  100,000  inhabitants,"  filed  with  the  Governor  June  26,  1917. 
in  force  July  1,  1917 ,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  and  the  title  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  5,000 
and  not  more  than  100,000  inhabitants,"  filed  with  the  Governor  June 
26,  1917,  in  force  July  1,  1917,  as  subsequently  amended,  be  and  the 
same  is  hereby  amended  to  read  as  follows : 

§  1.  That  in  all  cities,  villages  and  incorporated  towns  having  a 
population  of  not  less  than  5,000  and  not  more  than  200,000  inhabitants, 
said  population  to  be  determined  by  the  United  States  government  sta- 
tistics, 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. 


83S  REVENUE. 


Second — Two  per  cent  of  all  moneys  received  from  licenses  for  the 
keeping  of  saloons,  dramshops  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  ordi- 
nances. 

Fifth — One  per  cent  per  month,  which  shall  be  paid  or  deducted 
from  the  pension  of  every  police  pensioner  of  such  city,  village  or  incor- 
porated town. 

Sixth — All  moneys  received  from  fines  imposed  upon  members  of 
the  police  department  of  such  city,  village  or  incorporated  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  01  incorporated  town ;  Provided,  however,  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 
cit}r,  village  or  incorporated  town  not  heretofore  mentioned  in  this  bill. 

Tenth — All  moneys  that  may  have  been  accumulated  by  such  city, 
village  or  incorporated  town  in  conformity  with  any  previous  legislation 
establishing  a  fund  for  the  benefit  of  disabled  or  superannuated  police- 
men, and  one  half  of  all  the  funds  accumulated  by  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 
collected  in  any  city,  village  or  incorporated  town  in  any  year  more  than 
two  thousand  five  hundred  dollars  ($2,500)  from  all  sources  heretofore 
mentioned  in  this  section,  and  should  it  be  necessary  to  reduce  the  col- 
lections as  above  provided,  the  reduction  shall  be  made  from  the  amount 
collected  for  fines  for  violation  of  city  ordinances. 

Eleventh — The  city  council  or  board  .of  trustees  of  any  such  city, 
village  or  incorporated  town  shall  levy  a  tax  annually  of  two-tenths  of 
a  mill  on  the  dollar  on  all  taxable  property  of  such  city,  village  or 
incorporated  town.  Such  tax  shall  be  levied  and  collected  in  like  man- 
ner with  the  general  taxes  of  such  city,  village  or  incorporated  town 
and  shall  be  in  addition  to  all  other  taxes  which  such  city,  village  or 
incorporated  town  is  now  or  hereafter  may  be  authorized  to  levy  upon 
the  aggregate  valuation  of  all  property  within  such  city,  village  or  in- 
corporated town.  The  county  clerk  in  reducing  the  tax  levies  under 
the  provisions  of  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  subsequently  amended,  shall  not  consider  the  tax  herein 
authorized  as  a  part  of  the  general  taxes  levied  for  city,  village  or 
incorporated  town  purposes  and  shall  not  include  the  same  in  the  limita- 
tion  of  two  per  cent  of  the  assessed  valuation  upon  which  taxes  are 


REVENUE.  839 


required  to  be  extended.  Said  tax,  when  collected,  Bhal]  be  paid  into  the 
police  pension  fund  as  a  part  thereof. 

§  2.  The  title  of  the  Act  hereby  amended,  shall  be  and  the  same 
is  hereby  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  popu- 
lation of  not  less  than  5,000  and  not  more  than  200,000  inhabitants. 

Approved  June  30,  1919. 


PUBLIC  BUILDINGS. 

§   1.     Amends   sections   1    and   2,   Act   of  §   2.     How  levied — pro\  i 

1899. 

§  1.  Cities  having  power  to 
restore  or  rebuild  — 
rate  of  tax  limited  to 
three  and  one-third 
mills — public  building, 
rebuilding  or  restora- 
tion fund — proviso. 

(Senate   Bill   No.    545.     Approved   June    30,    1919.) 

An  Act  to  amend  section  1  and  section  2  of  an  Act  entitled,  "An  Act  to 
authorize  cities  whose  public  buildings  have  been  or  may  be  destroyed 
or  impaired  by  cyclone  or  tornado  to  levy  a  tax  to  pay  the  cost  of  re- 
building or  restoring  such  building,"  approved  and  in  force  April  2-), 
1899. 

Section  1.  Be  it'  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  and  section  2  of  an 
Act  entitled,  "An  Act  to  authorize  cities  whose  public  buildings  have  been 
or  may  be  destroyed  or  impaired  by  cyclone  or  tornado  to  levy  a  tax  to 
pay  the  cost  of  rebuilding  or  restoring  such  building/'  approved  and 
in  force  April  24,  1899,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  city  council  in  any  city, 
whether  organized  under  general  law  or  special  charter,  in  which  the 
city  hall,  city  jail  or  police  station,  fire  department  house  or  houses,  or 
public  library,  or  all  of  them,  have  been  destroyed  or  seriously  impaired 
by  cyclone  or  tornado  since  January  1,  1896,  or  shall  hereafter  be  so 
seriously  impaired  or  destroyed,  shall  have  power,  in  order  to  rebuild  or 
restore  any  such  building  or  all  of  them,  thus  seriously  impaired  or 
destroyed,  to  levy  an  annual  tax  for  not  exceeding  ten  successive  years  of 
not  exceeding  three  and  one-third  mills  on  the  dollar  on  all  the  taxable 
property  in  any  such  city,  such  tax  to  be  levied  and  collected  in  like 
manner  with  the  general  taxes  of  said  city  and  to  be  known  as  the  public 
building,  rebuilding  or  restoration  fund :  Provided,  that  said  annual 
public  building,  rebuilding  or  restoration  tax  shall  not  be  included  in  the 
aggregate  amount  of  taxes  as  limited  by  section  one  (1)  or  [of]  Article 
eight-  (8)  of  "An  Act  for  the  incorporation  of  cities  and  villages,"  ap- 
proved April  10,  1872,  and  the  amendatory  Acts  thereto,  or  by  any 
provision  of  any  special  charter  under  which  any  such  city  in  this  State 
is  now  organized. 


840  REVENUE. 


§  2.  When  any  such  city,  as  designated  in  section  one  (1)  of  this 
Act,  shall  decide  to  rebuild  or  restore  any  such  building,  or  all  of  them, 
in  consequence  of  their  destruction  or  serious  impairment  by  cyclone  or 
tornado  it  shall  do  so  by  ordinance  of  its  city  council,  in  which  ordi- 
nance it  shall  be  also  stated  the  number  of  years,  not  exceeding  ten, 
such  annual  public  building,  rebuilding  or  restoration  tax  shall  be  levied, 
and  the  number  of  mills,  not  exceeding  three  and  one-third,  on  the 
dollar  of  said  taxable  property.  Said  tax  shall  be  included  in  the 
annual  appropriation  and  tax  levy  ordinances  of  any  such  city  for  the 
years  that  it  can  be  levied  under  the  provisions  of  this  Act ;  Provided, 
that  if  any  city  has  already  taken  steps  or  action  to  rebuild  or  restore 
any  of  its  city  buildings  seriously  impaired  or  destroyed  by  cyclone  or 
tornado,  as  aforesaid,  it  shall  be  no  bar  or  hindrance  to  its  availing  itself 
of  the  benefits  of  this  Act,  but  may  modify  such  steps  or  actions  to  a 
substantial  compliance  with  the  requirements  thereof. 

Approved  June  30,  1919. 


PUBLIC   COMPORT   STATIONS. 

§   1.     Who  authorized  to  establish.  §   4.     Amount   of   taxation. 

§   2.     Definition.  §  5.     Question   to   be    submitted — not   to 

apply  to  certain  cities. 
§   3.     Establishing,    maintaining-,    etc. 

(House  Bill  No.   4.     Approved  June  21,   1919.) 

An  Act  in  relation  to  public  comfort  stations. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  provisions  of 
section  5  of  this  Act  the  city  council  in  any  city,  the  board  of  town 
auditors  in  any  incorporated  town  or  township,  and  the  board  of  trustees 
in  any  village,  is  hereby  authorized  and  empowered  to  provide  for  the 
establishment,  equipment  and  maintenance  of  public  comfort  stations. 

§  2.  A  public  comfort  station,  within  the  meaning  of  this  Act, 
is  an  institution  where  waiting  rooms,  rest  rooms,  toilet  rooms  for  men 
and  women,  lavatories,  check  rooms,  drinking  water  and  similar  facilities 
are  freely  available  for  the  convenience  of  the  public.  It  may  in  addi- 
tion contain  living  quarters  for  attendants. 

§  3.  In  establishing,  equipping  and  maintaining  public  comfort 
stations  the  city,  incorporated  town,  township  or  village  may  purchase, 
]ease  or  accept  donations  of  ground  sites,  may  build,  purchase,  lease  or 
accept  donations  of  buildings  or  rooms,  may  purchase,  lease  or  accept 
donations  of  necessary  equipment,  and  may  employ  such  attendants  as 
shall  be  necessary. 

§  4.  A  tax  of  not  to  exceed  two  mills  on  the  dollar  on  the  assessed 
value  of  all  taxable  property  within  each  city,  incorporated  town,  town- 
ship or  village  which  has  established  a  public  comfort  station  or  sta- 
tions, shall  be  assessed,  levied  and  collected  by  such  city,  incorporated 
town,  township  or  village  in  the  manner  provided  for  the  assessment, 
levying  and  collection  of  other  taxes  for  corporate  purposes.  The  pro- 
ceeds of  this  tax  shall  be  kept  in  a  separate  fund  and  shall  be  used  for 


REVENUE.  8  1 1 


the  establishment,  equipment  and  maintenance  of  a  public  comfort 
station  or  stations  and  for  no  other  purposes. 

§  5.  None  of  the  foregoing  powers  shall  be  exercised  unless  the 
question  of  establishing  a  public  comfort  station  or  stations  shall  have 
been  submitted  to  the  voters  of  a  particular  city,  incorporated  town, 
township  or  village  at  the  time  of  a  regular  election,  and  unless  a 
majority  of  the  votes  cast  upon  the  question  shall  be  in  favor  of  the 
establishment  of  a  public  comfort  station  or  stations.  This  question 
shall  not  be  submitted  to  the  voters,  however,  unless  there  shall  have 
been  filed,  at  least  sixty  (60)  days  prior  to  the  date  of  the  election  at 
which  the  question  is  to  be  voted  upon,  a  petition  therefor  signed  by  not 
less  than  one  hundred  (100)  legal  voters  of  the  city,  incorporated  town, 
township  or  village.  Provided  that  the  provisions  of  this  Act  shall  not 
apply  to  cities  having  a  population  of  100,000  or  more. 

Approved  June  21,  1919. 

PUBLIC   COMFORT   STATIONS. 

§    1.     Who  may  establish.  §   4.     Tax  levy — rate. 

§   2.     Definition.  §   5.     To   be    submitted   at   regular   elec- 

tion— petition. 
§    3.     May  purchase  ground  sites,  etc. — 
employ  attendants. 

(Senate  Bill  No.    563.     Approved  June   30,    1919.) 

An  Act  in  relation  to  "public  comfort  stations. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  provisions  of  sec- 
tion 5  of  this  Act  the  city  council  in  any  city,  the  board  of  town  auditors 
in  any  incorporated  town  or  township,  and  the  board  of  trustees  in  any 
village,  is  hereby  authorized  and  empowered  to  provide  for  the  estab- 
lishment, equipment  and  maintenance  of  public  comfort  stations. 

§  2.  A  public  comfort  station,  within  the  meaning  of  this  Act,  is 
an  institution  where  waiting  rooms,  rest  rooms,  toilet  rooms  for  men  and 
women,  lavatories,  check  rooms,  drinking  water  and  similar  facilities 
are  freely  available  for  the  convenience  of  the  public.  It  may,  in  addi- 
tion, contain  living  quarters  for  attendants. 

§  3.  In  establishing,  equipping  and  maintaining  public  comfort 
stations  the  city,  incorporated  town,  township  or  village  may  purchase, 
lease  or  accept  donations  of  ground  sites,  may  build,  purchase,  lease  or 
accept  donations  of  buildings  or  rooms,  may  purchase,  lease  or  accept 
donations  of  necessary  equipment,  and  may  employ  such  attendants  as 
shall  be  necessary. 

§  4.  A  tax  of  not  to  exceed  one  and  one-third  mills  on  the  dollar 
on  the  assessed  value  of  all  taxable  property  within  each  city,  incorpo- 
rated town,  township  or  village  which  has  established  a  public  comfort 
station  or  stations,  shall  be  assessed,  levied  and  collected  by  such  city, 
incorporated  town,  township  or  village  in  the  manner  provided  for  the 
assessment,  levying  and  collection  of  other  taxes  for  corporate  purposes. 
The  proceeds  of  this  tax  shall  be  kept  in  a  separate  fund  and  shall  be 
used  for  the  establishment,  equipment  and  maintenance  of  a  public  com- 
fort station  or  stations  and  for  no  other  purposes. 


842  REVENUE. 


§  5.  None  of  the  foregoing  powers  shall  be  exercised  unless  the 
question  of  establishing  a  public  comfort  station  or  stations  shall  have 
been  submitted  to  the  voters  of  a  particular  city,  incorporated  town, 
township  or  village  at  the  time  of  a  regular  election,  and  unless  a  ma- 
jority of  the  votes  cast  upon  the  question  shall  be  in  favor  of  the  estab- 
lishment of  a  public  comfort  station  or  stations.  This  question  shall 
not  be  submitted  to  the  voters,  however,  unless  there  shall  have  been 
filed,  at  least  sixty  (60)  days  prior  to  the  date  of  the  election  at  which 
the  question  is  to  be  voted  upon,  a  petition  therefor  signed  by  not  less 
than  one  hundred  (100)  legal  voters  of  the  city,  incorporated  town, 
township  or  village :  Provided,  that  the  provisions  of  this  Act  shall  not 
apply  to  cities  having  a  population  of  100,000  or  more. 

Approved  June  30,  1919. 


PUBLIC   PLAYGROUNDS. 

§    1.      Amends  section   6,  Act  of  1915.  §    6.      Tax    rate    limited    to    one 

and    one-third    mills   for 
"playground    tax." 

(Senate   Bill   No.    550.     Approved   June    30,    1919.) 

An  Act  to  amend  section  6  of  an  Act  entitled,,  "An  Act  to  provide  for 
the  acquisition,  equipment,  conduct  and  maintenance  of  public  play- 
grounds in  and  by  cities  having  a  population  of  less  than  one  hundred 
fifty  thousand  (150,000),"  approved  June  21^,  1915,  in  force  July  1, 
1915. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  6  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  acquisition,  equipment,  conduct  and 
maintenance  of  public  playgrounds  in  and  by  cities  having  a  population 
of  less  than  one  hundred  fifty  thousand  (150,000),"  approved  June  24, 
1915,  in  force  July  1,  1915,  be  and  the  same  is  hereby  amended  to  read 
as  follows : 

§ '  6.  All  cities,  towns  or  villages  electing  to  adopt  the  provisions 
of  this  Act  shall  have  power  to  levy  and  collect  annually  a  tax  of  not 
exceeding  one  and  one-third  mills  (.001  1/3)  on  each' dollar  of  assessed 
valuation  of  all  taxable  property  within  the  corporate  limits  of  such 
city,  village  or  town,  which  tax  shall  be  designated  as  "playground  tax" 
and  shall  be  'levied  and  collected  in  like*  manner  with  the  general  tax 
of  such  municipalities,  but  same  shall  be  in  addition  to  and  exclusive  of 
all  other  taxes  such  municipalities  may  or  hereafter  shall  be  authorized 
to  collect,  nor  shall  said  tax  be  scaled  down  under  any  existing  law. 
Approved  June  30,  1919. 


UEVKNCI 


843 


Iio  ADS    AX  I)    BRIDGES. 


§    1. 


Amends  sections  53,  56,  58  and  60, 
Act  of  1913. 


S   56.     Taxes — rate. 


Damages — order  for  to 
draw   interest. 

Damages — anticipatory 
orders. 


§   53.     Commissioner   of   high- 
ways —  town  clerk — 

t  treasurer — justice    of  §   60. 

the   peace — per   diem 
— fees. 

(Senate  Bill  No.   282.     Filed  June  19,    1919.) 

An  Act  to  amend  sections  53,  56,  58  and  60  of  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  roads  and  bridges,"  approved  June 
27,  1913,  in  force  July  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  Sections  53,  56,  58  and  <J0  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges," 
approved  June  27,  1913,  in  force  July  1,  1913,  as  amended,  is  amended 
to  read  as  follows: 

§  53.  The  commissioners  of  highways  shall  receive  for  each  and 
every  day  he  is  necessarily  employed  in  the  discharge  of  his  duties  a 
salary  to  be  fixed  by  the  county  board  in  counties  not  under  township 
organization,  and  by  the  board  of  town  auditors  in  counties  under  town- 
ship organization,  not  less  than  four  dollars  ($4.00)  per  diem,  and  not 
te  exceed  six  dollars  ($6.00)  per  diem  in  all  counties  in  the  State,  upon 
a  sworn  statement  to  be  filed  by  such  commissioner  in  the  office  of  the 
town  or  district  clerk,  showing  the  number  of  days  he  was  employed  and 
the  kind  of  employment  and  giving  the  dates  thereof. 

The  town  or  district  clerk  shall  receive  four  dollars  per  day  for 
each  day  he  shall  be  required  to  meet  with  the  highway  commissioner 
and  the  same  amount  per  day  for  the  time  he  shall  be  employed  as  clerk 
of  elections  or  in  canvassing  the  returns  of  such  election.  He  shall 
receive  no  other  per  diem.  In  addition  to  the  above  he  shall  also  receive 
fees  for  the  following  services,  to  be  paid  out  of  the  town  or  district 
fund,  except  where  otherwise  specified : 

For  serving  notice  of  election  or  appointment  upon  district  officers 
as  required  by  this  Act,  twenty-five  cents  each. 

For  posting  up  notices  required  by  law,  twenty-five  cents  each. 

For  copying  any  record  in  his  office  and  certifying  to  the  same,  ten 
cents  for  every  hundred  words,  to  be  paid  by  the  person  applying  for 
the  same. 

The  ex-officio  treasurer  shall  in  addition  to  the  other  compensation 
to  which  he  is  by  law  entitled,  receive  two  (2)  per  cent  on  all  moneys 
paid  out  by  him,  up  to  and  including  two  thousand  dollars  ($2,000)  and 
one  (1)  per  cent  on  all  moneys  paid  out  by  him  in  excess  of  two  thou- 
sand dollars  ($2,000),  excepting  such  amounts  as  shall  have  been  paid  to 
his  successor;  also  except  all  moneys  paid  out  in  payment  of  bonds  or 
other  borrowed  money. 

The  justice  of  the  peace  whose  services  are  required  by  this  Act  shall 
receive  two  dollars  per  day  for  his  services. 

§  56.  At  a  regular  meeting  to  be  held  on  the  first  Tuesday  in 
September  the  board  of  higlrway  commissioners  in  each  town  or  road 


844  REVENUE. 


district  shall  annually  determine  and  certify  to  the  board  of  supervisors 
or  board  of  county  commissioners  the  amount  necessary  to  be  raised  by 
taxation  for  the  proper  construction,  maintenance  and  repair  of  roads 
and  bridges  in  such  town  or  road  district.  Such  certificate  shall  be  filed 
in  the  oihce  of  the  county  clerk,  and  by  that  official  presented  to  the 
county  board  at  the  regular  September  meeting  for  their  consideration. 
The  amount  so  certified  if  approved  by  the  county  board,  or  such  part 
thereof  as  the  said  board  shall  approve,  shall  be  extended  by  the  county 
clerk  as  taxes  against  the  taxable  property  of  such  town  or  district : 
Provided,  however,  that  the  county  clerk  shall  not  extend  against  the 
taxable  property  of  any  town  or  road  district  a  rate  in  excess  of  one 
dollar  ($1.00)  on  each  one  hundred  dollars  valuation  of  the  taxable 
property  of  the  town  or  district,  and  if  the  amount  of  taxes  approved  by 
the  county  board  shall  be  in  excess  of  such  rate  it  shall  be  the  duty  of 
the  clerk  to  reduce  the  same  to  said  rate  of  one  dollar  ($1.00)  upon 
each  one  hundred  dollars  of  the  assessed  valuation  of  said  town  or  dis- 
trict. 

§  58.  When  damages  have  been  agreed  upon,  allowed  or  awarded 
for  laying  out,  widening,  altering,  or  vacating  roads  or  for  ditching  to 
drain  roads,  the  amounts  of  such  damages  and  interest  on  orders  issued 
in  payment  of  such  damages,  not  to  exceed  for  any  one  year  twenty 
cents  on  each  one  hundred  dollars  of  the  taxable  property  of  the  town 
or  district  shall  be  included  in  the  first  succeeding  tax  levy,  provided  for 
in  section  56  of  this  Act,  and  be  in  addition  to  the  levy  for  road  and 
bridge  purposes;  and  when  collected,  shall  constitute  and  be  held  by 
the  treasurer  of  the  road  and  bridge  fund  as  a  separate  fund  to  be  paid 
out  to  the  parties  entitled  to  receive  the  same.  It  shall  be  the  duty  of 
the  commissioners  of  highways  at  the  time  of  certifying  the  general  tax 
levy  for  road  and  bridge  purposes  within  their  town  or  district  to  in- 
clude and  separately  specify  in  such  certificate  the  amount  necessary  to 
be  raised  by  taxation  for  the  purpose  of  paying  such  damages.  Upon 
the  approvel  [approval]  by  the  county  board  of  the  amount  so  certified,  as 
provided  in  the  preceding  section,  the  county  clerk  shall  extend  the  same 
against  the  taxable  property  of  said  town  or  district,  provided  the  amount 
thus  approved  shall  not  be  in  excess  of  twenty  cents  on  each  one  hundred 
dollars  of  the  taxable  property  therein. 

§  60.  Whenever  damages  have  been  allowed  for  roads  or  ditches, 
the  commissioner  of  highways  may  draw  orders  on  the  treasurer,  pay- 
able only  out  of  the  tax  to  be  levied  for  such  roads  or  ditches,  when  the 
money  shall  be  collected  or  received,  which  said  orders  shall  bear  interest 
at  the  rate  of  six  per  cent  from  the  date  on  which  they  are  issued  and 
may  be  disposed  of  by  the  commissioner  of  highways  in  anticipation  of 
the  tax  to  be  levied  to  pay  same,  provided  that  said  orders  shall  not  be 
disposed  of  at  a  discount. 

And,  provided,  further,  that  it  shall  be  the  duty  of  the  commis- 
sioner of  highways,  as  soon  as  the  tax  levied  for  the  payment  of  such 
orders  is  collected,  to  notify  the  holder  or  holders  thereof  to  offer  same 
for  payment;  and  such  orders  shall  cease  to  draw  any  interest  from  and 


REVENUE.  845 


after  the  time  that  any  holder  thereof  is  notified  that  funds  available  for 
the  payment  of  same  is  in  the  hands  of  the  treasurer. 
Filed  June  10,  1919. 


ROADS    AND    BRIDGES. 
§    1.     Amends  section  56,  Act  of  1913.  §   56.     General  tax  levy. 

(Senate   Bill   No.    459.     Approved   June    30,    1919.) 

An  Act  to  amend  section  56  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in 
force  July  1,  1913,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  56  of  an  Act  en- 
entitled,  "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges/' 
approved  June  27,  1913,  in  force  July  1,  1913,  as  subsequently  amended, 
be  and  the  same  is  hereby  amended  to  read  as  follows : 

§  56.  General  tax  levy  eor  road  and  bridge  purposes.]  At  a 
regular  meeting  to  be  held  on  the  first  Tuesday  in  September  the  board 
of  highway  commissioners  in  each  town  or  road  district  shall  annually 
determine  and  certify  to  the  board  of  supervisors  or  board  of  county 
commissioners  the  amount  necessary  to  be  raised  by  taxation  for  the 
proper  construction,  maintenance  and  repair  of  roads  and  bridges  in 
such  town  or  road  district.  Such  certificate  shall  be  filed  in  the  office  of 
the  county  clerk,  and  by  that  official  presented  to  the  county  board  at  the 
regular  September  meeting  for  their  consideration.  The  amount  so 
certified  if  approved  by  the  county  board,  or  such  part  thereof  as  the 
said  board  shall  approve  shall  be  extended  by  the  county  clerk  as  taxes 
against  the  taxable  property  of  such  town  or  district :  Provided,  how- 
ever, that  the  county  clerk  shall  not  extend  against  the  taxable  property 
of  any  town  or  road  district  a  rate  in  excess  of  sixty-six  (66)  cents  on 
each  one  hundred  dollars  valuation  of  the  taxable  property  of  the  town 
or  district,  and  if  the  amount  of  taxes  approved  by  the  county  board 
shall  be  in  excess  of  such  rate  it  shall  be  the  duty  of  the  clerk  to  reduce 
the  same  to  said  rate  of  sixty-six  (66)  cents  upon  each  one  hundred 
dollars  of  the  assessed  valuation  of  said  town  or  district. 

Approved  June  30,  1919. 


ROADS    AND    BRIDGES. 

§   1.     Amends  sections  108  and  126,  Act  §   126.     Powers    of    county 

of   1913.  boards  —  special 

road  tax  — -  bond  is- 
§   108.     Petition     for     road —  sue  —  special    elec- 

notice  —  election  —  t  i  o  n  —  petition  — 

vote — rate  per  cent.  notices. 

(Senate  Bill  No.    460.     Approved  June   30,   1919.) 

An  Act  to  amend  sections  108  and  126  of  An  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  roads  and  bridges,"  approved  June  27, 
1913,  in  force  July  1,  1913,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  108  and  126  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges,'' 


8-1  f)  REVENUE. 


approved  June  27,  1913,  in  force  July  1,  1913,  as  subseqeuently 
amended,  be  and  the  same  is  hereby  further  amended  to  read  respec- 
tively as  follows: 

§  108.  Petition  for  road — notice^ — election — vote — rate  per 
cent.]  On  the  petition  of  twenty-five  per  cent  of  the  land  owners 
who  are  legal  voters  of  any  township  to  the  town  clerk  thereof  in  coun- 
ties under  township  organization  or  road  districts  in  counties  under  town- 
ship organization,  to  the  district  clerk  he  shall,  when  giving  notice  of 
the  time  and  place  for  holding  the  next  annual  town  meeting  or  road 
district  election,  also  give  notice  that  a  vote  will  be  taken  at  said  election 
or  meeting  for  or  against  an  annual  tax  not  to  exceed  sixty-six  and  two- 
thirds  (QQ%)  cents  on  each  one  hundred  dollars  assessed  valuation 
of  all  the  taxable  property,  including  railroads,  in  the  township  or  road 
district,  for  the  purpose  of  constructing  and  maintaining  gravel,  rock 
macadam,  or  other  hard  roads,  or  for  improving,  maintaining  or  re- 
pairing earth  roads  by  draining,  grading,  oil-treating  or  dragging.  Said 
petition  shall  state  the  location  and  route  of  the  proposed  road  or  roads, 
and  shall  also  state  the  annual  rate  per  cent  not  exceeding  sixty-six  and 
two-thirds  (66%)  cents  on  each  one  hundred  dollars  and  the' number 
of  years  not  exceeding  five,  for  which  said  tax  shall  be  levied.  If  in  any 
such  petition  a  special  election  shall  be  requested  for  such  purposes  it 
shall  be  called  in  the  manner  provided  for  calling  special  elections  in 
section  112  of  this  Act. 

§  126.  The  several  county  boards  of  counties  in  this  State  are 
hereby  vested  with  the  same  powers  for  constructing,  repairing  and 
maintaining  roads  in  their  respective  counties,  as  the  commissioners  of 
highways,  acting  severaly  or  together,  or  with  the  several  county 
superintendents  of  highways,  according  to  the  provisions  of  this  Act. 
The  county  board  of  any  county  may  also  assist  any  town  or  road  dis- 
trict in  such  county  in  the  construction  of  roads,  under  the  provisions 
of  this  Act,  to  the  extent  of  twenty-five  per  cent  of  the  cost  thereof: 
Provided,  however,  that  the  question  of  raising  a  special  road  tax  or  of 
issuing  bonds  for  the  purposes  set  forth  in  this  Act  shall  first  be  sub- 
mitted to  the  legal  voters  of  the  county,  at  any  regular  election  for 
county  officers,  or  at  a  special  election  which  the  county  board  is  hereby 
authorized  to  call  for  such  purpose,  on  the  petition  of  one  hundred  land 
owners  who  are  legal  voters  in  said  county,  to  the  county  clerk,  previous 
to  time  for  posting  the  notices  of  a  regular  or  of  a  special  election; 
said  petition  and  notices,  if  for  a  special  road  tax,  shall  designate  the 
road  or  roads  to  be  improved,  or  the  town  or  towns  or  the  road  district 
or  road  districts  to  be  assisted,  the  annual  rate  per  cent  not  exceeding 
thirty-three  and  one-third  (33ys)  cents  on  each  one  hundred  dollars 
assessed  value,  the  number  of  years,  not  exceeding  five,  for  which  such 
tax  shall  be  levied,  and  said  petition  and  notices,  if  for  the  issue  of 
bonds,  shall  designate  the  amount  of  bonds  to  be  issued,  the  rate  of 
interest  thereon  and  the  number  of  annual  series  thereof  not  less  than 
five  nor  more  than  twenty  from  the  date  of  issue: 

Provided  that  wherever  such  tax  shall  have  been  authorized  previous 
to  July  1st,  1919,  the  countv  clerk  shall  extend  the  same  at  a  rate  of 
two-thirds  of  the  rate  so  authorized. 


REVENUE.  847 


All  elections  hereunder  shall  be  called  and  held  and  returns  made 
in  substantially  the  manner  provided  for  under  the  general  election 
laws  of  this  State. 

Approved  June  30,  1919. 


ROADS    AND    BRIDGES. 

§    1.     Amends  section  58,  Act  of  1913.  §   58.     Damages    for   laying    out 

roads,  etc.  —  tax  levy 
not  to  exceed  thirteen 
and  one-third  cents  — 
separate  fund — separ- 
ately specified. 

(Senate   Bill   No.    526.     Approved   June   30,    1910.) 

An  Act  to  amend  section  5S  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  roads  and  bridges,"  approved  June  27,  1  'J  13,  in 
force  July  1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Lllinois, 
represented  in  the  General  Assembly:  That  section  58  of  an  Act  en- 
titled, "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges/' 
approved  June  27,  1913,  in  force  July  1,  1913,  be  and  the  same  is  hereby 
amended  to  read  as  follows : 

§  58.  Damages  for  Laying  out  Koads,  Etc. — Tax  levy  for.] 
When  damages  have  been  agreed  upon,  allowed  or  awarded  for  laying 
out,  widening,  altering  or  vacating  roads  or  for  ditching  to  drain  roads, 
the  amounts  of  such  damages  and  interest  on  orders  issued  in  payment 
of  such  damages,  not  to  exceed  for  any  one  year  thirteen  and  one-third 
cents  on  each  one  hundred  dollars  of  the  taxable  property  of  the  town 
or  district  shall  be  included  in  the  first  succeeding  tax  levy,  provided  for 
in  section  56  of  this  Act,  and  be  in  addition  to  the  levy  for  road  and 
bridge  purposes;  and  when  collected,  shall  constitute  and  be  held  by  the 
treasurer  of  the  road  and  bridge  fund  as  a  separate  fund  to  be  paid,  out 
to  the  parties  entitled  to  receive  the  same.  It  shall  be  the  duty  of  the 
commissioners  of  highways  at  the  time  of  certifying  the  general  tax  levy 
for  road  and  bridge  purposes  within  their  town  or  district  to  include 
and  separately  specify  in  such  certificate  the  amount  necessary  to  be 
raised  by  taxation  for  the  purpose  of  paying  such  damages.  Upon  the 
approval  by  the  county  board  of  the  amount  so  certified,  as  provided  in 
the  preceding  section,  the  county  clerk  shall  extend  the  same  against 
the  taxable  property  of  said  town  or  district,  provided  the  amount  thus 
approved  shall  not  be  in  excess  of  thirteen  and  one-third  cents  on  each 
one  hundred  dollars  of  the  taxable  property  therein. 

Approved  June  30,  1919. 


848  REVENUE. 


ROADS   AND    BRIDGES. 

§   1."    Amends   section   112,   Act  of  1913.  §   112.     Annual     town     or     road 

district  election — peti- 
tion— notice —  manner 
of  calling  special 
election  —  where  held 
— ballot  —  bond  issue 
— tax  rate. 

(Senate  Bill  No.    555.     Approved  June   30,    1919.) 

An  Act  to  amend  section  112  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  roads  and  bridges/'  approved' June  21,  1913,  in 
force  July  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  112  of  an  Act  en- 
titled, "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges," 
approved  June  27,  1913,  in  force  July  1,  1913,  as  amended,  be  and  the 
same  is  hereby  further  amended  to  read  as  follows: 

§  112.  On  the  petition  of  one  hundred  of  the  free  holders  of  any 
town  or  district  (or  where  there  may  be  less  than  two  hundred  such 
free  holders,  then  a  majority  of  them,)  to  the  town  or  district  clerk 
requesting  him,  when  giving  notice  of  the  time  and  place  for  holding 
the  next  annual  town  or  road  district  election,  to  give  notice  also  that 
a  vote  will  be  taken  at  said  election  on  the  question,  "Shall  bonds  for 

road  purposes  be  issued  to  the  amount  of  $ ?"  such  clerk 

shall,  when  giving  notice  of  the  time  and  place  for  holding  the  next 
annual  town  or  road  district  election,  also  give  notice  that  a  vote  will 
be  taken  at  said  election  on  said  question,  "Shall  bonds  for  road  pur- 
poses be  issued  to  the  amount  of  $ ?" 

If  in  any  such  petition  a  special  election  shall  be  requested  for 
such  purpose,  it  shall  be  called  as  follows : 

Upon  the  filing  of  such  petition  the  town  or  district  clerk  shall 
call  such  special  town  or  district  election,  by  posting  up  in  ten  of  the 
most  public  places  in  said  town  or  district,  at  least  ten  days  prior  to 
the  day  fixed  for  said  special  town  or  district  election,  notices  of  such 
special  town  or  district  election,  which  notices  shall  state  the  filing  of 
said  petition,  the  time  and  place  of  said  special  election,  and  that  a 
vote  will  be  taken  at  said  election  on  the  question,  "Shall  bonds  for 
road  purposes  be  issued  to  the  amount  of  $ ?" 

Such  special  election  shall  be  held  at  the  place  of  the  last  annual 
town  or  district  election  and  shall  be  conducted  and  returns  thereof  be 
made  in  the  same  manner  as  regular  annual  town  or  road  district  elec- 
tions. 

The  vote  at  such  regular  or  special  election  shall  invariably  be  by 
a  separate  ballot  and  shall  be  in  substantially  the  following  form: 


1 

Shall  bonds  for  road  purposes  be  issued  to  the 
1                                                                                          1 

Yes 

amount  of  $ ? 

No 

And  if  it  shall  appear  that  a  majority  of  the  legal  voters  voting  at 
said  election  on  said  question  voted  in  favor  of  said  proposition,  the 


REVENUE.  849 


commissioners  of  highways  and  the  town  or  district  clerk,  as  the  case 
may  be,  shall  issue  (from  time  to  time  as  the  work  progresses)  a  suffi- 
cient amount,  in  the  aggregate,  of  the  bonds  of  said  town  or  district  for 
the  purpose  of  building  or  maintaining  roads,  or  for  the  purpose  of  con- 
structing or  repairing  any  bridge  or  bridges,  or  for  the  purpose  of 
constructing  or  repairing  any  other  distinctive  work  on  the  road,  as  the 
case  may  be,  in  accordance  with  the  prayer  of  said  petition.  Said  bonds 
shall  be  of  such  denominations,  upon  such  time  and  bear  such  rate  of 
interest,  not  exceeding  five  per  cent,  and  be  disposed  of  as  the  necessities 
and  convenience  of  said  town  or  district  may  require:  Provided,  that 
said  bonds  shall  not  be  sold  nor  disposed  of,  either  by  sale  or  by  payment 
to  contractors  for  labor  or  materials,  for  less  than  their  par  value,  and 
that  such  bonds  shall  be  issued  in  not  more  than  ten  annual  series,  the 
first  series  of  which  shall  mature  not  more  than  five  years  from  the 
date  thereof,  and  each  succeeding  series  in  succeeding  years  thereafter. 
A  register  of  all  issues  of  said  bonds  shall  be  kept  in  the  office  of  the 
county  clerk  of  the  county  in  which  said  town  or  district  is  located, 
showing  the  date,  amount,  rate  of  interest,  maturity,  and  the  purpose  for 
which  said  bonds  were  issued,  which  information  shall  be  furnished  to 
the  county  clerk,  in  writing,  by  the  town  or  district  clerk,  and  it  shall 
be  the  duty  of  such  county  clerk  to  extend  annually  against  the  property 
in  said  town  or  road  district  a  tax  sufficient  to  pay  the  interest  of  said 
bonds  in  each  year  prior  to  the  maturity  of  such  first  series,  and  there- 
after he  shall  extend  a  tax  in  each  year  sufficient  to  pay  each  series  as  it 
matures,  together  -with  interest  thereon  and  with  the  interest  upon  the 
unmatured  bonds  outstanding.  Such  bonds  may  be  lithographed  and 
the  interest  for  each  year  evidenced  by  interest  coupons  thereto  attached, 
which  coupons  shall  be  signed  with  original  or  facsimile  signatures  by 
the  same  officers  who  executed  the  bonds:  Provided,  however,  that  the 
amount,  including  the  principal  and  interest  to  be  voted  upon,  shall 
not  exceed  the  amount  which  can  be  raised  during  a  period  of  five  years 
by  a  levy  of  sixty-six  and  two-thirds  cents  per  year  on  each  one  hundred 
dollars  of  taxable  property,  as  taken  for  assessment  purposes  in  such 
town  or  district;  the  proceeds  of  said  bonds  to  be  paid  to  the  treasurer 
of  such  funds  and  to  be  disbursed  by  him  upon  the  order  of  the  com- 
missioners of  highways. 

Approved  June  30,  1919. 

SANITARY    DISTRICTS. 

§    1.     Amends  section  12,  Act  of  1889.  §   12.     Board    of    trustees    may 

levy   and   collect   tax — 
rate. 

(Senate   Bill   No.    387.     Approved   June    30,    1919.) 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  create  sani- 
tary districts  and  to  remove  obstructions  in  the  Desplaines  and  Illi- 
nois Rivers,"  approved  May  29,  1S89,  in  force  July  1,  1S89,  as  sub- 
seqeuntly  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  section  12  of  an  Act  en- 
—54  L 


850  REVENUE. 


titled,  "An  Act  to  create  sanitary  districts  and  to  remove  obstructions 
in  the  Desplaines  and  Illinois  rivers/'  approved  May  29,  1889,  in  force 
July  1,  1889,  as  subsequently  amended,  be  and  the  same  is  hereby 
amended  to  read  as  follows : 

§  12.  The  board  of  trustees  may  levy  and  collect  taxes  for  cor- 
porate purposes  upon  property  within  the  territorial  limits  of  such  sani- 
tary district,  the  aggregate  amount  of  which  in  any  one  year  shall  not 
exceed  two-thirds  of  one  per  centum  of  the  value  of  the  taxable  property 
within  the  corporate  limits  as  the  same  shall  be  assessed  and  equalized 
for  the  county  taxes  for  the  year  in  which  the  levy  is  made.  Said  board 
shall  cause  the  amount  to  be  raised  by  taxation  in  each  year,  to  be  certi- 
fied to  the  county  clerk  on  or  before  the  second  Tuesday  in  August  as 
provided  in  section  one  hundred  and  twenty-two  of  the  general  revenue 
law.  All  taxes  so  levied  and  certified  shall  be  collected  and  enforced  in 
the  same  manner  and  by  the  same  officers  as  State  and  county  taxes,  and 
shall  be  paid  over  by  the  officer  collecting  the  same  to  the  treasurer  of 
the  sanitary  district,  in  the  manner  and  at  the  time  provided  by  the 
general  revenue  law :  Provided,  that  no  part  of  the  taxes  hereby  author- 
ized shall  be  used  by  such  drainage  district  for  the  construction  of 
permanent  fixed,  immovable  bridges  across  any  channel  constructed 
under  the  provisions  of  this  Act :  And  provided  further,  that  all  bridges 
built  across  such  channel  shall  not  necessarily  interfere  with  or  ob- 
struct the  navigation  of  such  channel,  when  the  same  becomes  a  navi- 
gable stream,  as  provided  in  section  24  of  this  Act,  but  such .  bridges 
shall  be  constructed  that  they  can  be  raised,  swung  or  "moved  out  of  the 
way  of  vessels,  tugs,  boats,  or  other  water  craft  navigating  such  channel : 
And  provided  further,  that  nothing  in  this  Act  shall  be  so  construed  as 
to  compel  said  district  to  maintain  or  operate  said  bridges,as  movable 
bridges,  for  a  period  of  nine  years  from  and  after  the  time  when  the 
water  has  been  turned  into  said  channel  pursuant  to  law,  unless  the 
needs  of  general  navigation  on  the  Des  Plaines  and  Illinois  Rivers,  when 
connected  by  said  channel,  sooner  require  it. 

Approved  June  30,  1919. 

SANITARY    DISTRICTS. 

§    1.     Amends  section  12,  Act  of  1911.  §   12.     Taxes  for  corporate  pur- 

poses —  not  to  exceed 
one-third  of  one  per 
centum  —  interest  on 
deposits. 

(Senate   Bill   No.    520.     Approved   June    30,    1919.) 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  create  sani- 
tary districts,  and  to  provide  for  sewage  disposal,"  approved  June 
5,  1911,  in  force  July  1,  1911. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  12  of  an  Act  en- 
titled, "An  Act  to  create  sanitary  districts,  and  to  provide  for  sewage 
disposal/'  approved  June  5,  1911,  in  force  July  1,  1911,  be  and  the  same 
is  hereby  amended  to  read  as  follows : 

§  12.  The  board  of  trustees  may  levy  and  collect  other  taxes  for 
corporate  purposes  upon  property  within  the  territorial  limits  of  such 


REVENUE. 


851 


sanitary  district,  the  aggregate  amount  of  which  for  each  year  shall  not 
exceed  one-third  of  one  per  centum  of  the  value  of  the  taxable  property 
within  the  corporate  limits,  as  the  same  shall  be  assessed  and  equalized 
for  the  State  and  county  taxes  of  the  year  in  which  the  levy  is  made. 
Said  board  shall  cause  the  amount  required  to  be  raised  by  taxation  in 
each  year  to  be  certified  to  the  county  clerk  on  or  before  the  second 
Tuesday  in  August,  as  provided  in  section  one  hundred  and  twenty-two 
of  the  general  revenue  law.  All  taxes  so  levied  and  certified  shall  be 
collected  and  enforced  in  the  same  manner  and  by  the  same  officers  as 
State  and  county  taxes,  and  shall  be  paid  over  by  the  officer  collecting 
the  same  to  the  treasurer  of  the  sanitary  district  in  the  manner  and  at 
the  time  provided  by  the  general  revenue  law. 

The  treasurer  shall,  when  the  moneys  of  the  district  are  deposited 
with  any  bank  or  other  depositary,  require  such  bank  or  other  depositary 
to  pay  the  same  rates  of  interest  for  such  moneys  deposited  as  such 
bank  or  other  depositary  is  accustomed  to  pay  to  depositors  under  like 
circumstances,  in  the  usual  course  of  its  business.  All  interest  so  paid 
shall  be  placed  in  the  general  funds  of  the  district,  to  be  used  as  other 
moneys  belonging  to  such  district  raised  by  general  taxation  or  sale  of 
water. 

Approved  June  30,  1919. 


SANITARY    DISTRICTS. 


§   1.     Amends  section  17,  Act  of  1907. 


§   17. 


Taxes  for  corporate  pur- 
poses —  not  to  exceed 
one  and  one-third  per 
centum — additional  two 
per  centum  when  au- 
thorized by  electors. 

(Senate  Bill   No.    524.     Approved  June   30,   1919.) 

An  Act  to  amend  section  17  of  an  Act  entitled,  "An  Act  to  create  sani- 
tary districts  in  certain  localities  and  to  drain  and  protect  the  same 
from  overflow  for  sanitary  purposes"  approved  May  17,  1907,  in  force 
July  1,  1907,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  17  of  an  Act  en- 
titled, "An  Act  to  create  sanitary  districts  in  certain  localities  and  to 
drain  and  protect  the  same  from  overflow  for  sanitary  purposes,"  ap- 
proved May  17,  1907,  in  force  July  1,  1907,  as  subsequently  amended, 
be  and  the  same  is  hereby  further  amended  to  read  as  follows? 

§  17.  The  board  of  trustees  shall  have  power  to  levy  and  collect 
taxes  for  corporate  purposes.  Such  taxes  shall  be  levied  by  ordinance 
specifying  the  purposes  for  which  the  same  are  required,  and  a  certified 
copy  of  such  ordinance  shall  be  filed  with  the  county  clerk  of  the  county 
in  which  said  district  was  organized,  on  or  before  the  second  Tuesday  in 
August,  as  provided  in  section  122  of  the  general  revenue  law.  After 
the  assessment  for  the  current  year  has  been  equalized  by  the  State 
Board  of  Equalization,  said  board  of  trustees  shall,  as  soon  as  may  be, 
ascertain  and  certify  to  such  county  clerk  the  total  value  of  all  taxable 
property  lying  within  the  corporate  limits  of  such  district  in  each  of 


S52  REVENUE. 


said  counties  in  which  said,  district  is  situated,  as  the  same  is  assessed 
and  equalized  for  State  and  county  purposes  for  the  current  year ;  and  it 
shall  be  the  duty  of  said  clerk  to  ascertain  the  rate  per  cent  which,  upon 
the  total  valuation  of  all  such  property,  ascertained  as  aforesaid,  would 
produce  a  net  amount  not  less  than  the  amount  so  directed  to  be  levied; 
and  said  clerk  shall,  without  delay,  certify  under  his  hand  and  seal  of 
office  to  the  county  clerk  of  such  other  county,  in  which  a  portion  of 
said  district  is  situate  such  rate  per  cent;  and  it  shall  be  the  duty  of 
each  of  said  county  clerks  to  extend  such  tax  in  a  separate  column  upon 
the  books  of  the  collector  or  collectors  of  the  State  and  county  taxes 
for  said  counties,  against  all  property  in  their  respective  counties,  within 
the  limits  of  said  district.  All  taxes  so  levied  and  certified  shall  be 
collected  and  enforced  in  the  same  manner,  and  by  the  same  officers  as 
State  and  county  taxes,  and  shall  be  paid  over  by  the  officers  collecting 
the  same,  to  the  treasurer  of  the  sanitary  district,  in  the  manner  and 
at  the  time  provided  by  the  general  revenue  law.  The  aggregate 
amount  of  taxes  levied  for  any  one  year,  exclusive  of  the  amount  levied 
for  the  payment  of  bonded  indebtedness  and  interest  thereon,  shall  not 
exceed  the  rate  of  one  and  one-third  per  centum  upon  the  aggregate 
valuation  of  all  property  within  such  district,  subject  to  taxation  there- 
in, as  the  same  was  equalized  for  State  and  county  taxes  for  the  current 
year :  Provided,  that  an  amount  not  exceeding  an  additional  two  per 
centum  of  such  valuation  may  be  levied  and  collected  hereunder,  if  the 
question  of  making  such  additional  levy  shall  have  been  previously 
submitted  to  the  legal  voters  of  said  district  upon  not  less  than  three 
weeks'  notice,  published  as  provided  in  section  2  hereof  and  a  majority 
of  the  votes  cast  shall  be  in  favor  thereof :  Provided,  further,  that  in  all 
cases  where  any  such  board  of  trustees  has  heretofore  certified  to  the 
county  clerk'  the  said  total  value  of  all  taxable  property  in  any  such 
district,  in  the  manner  and  at  the  time  provided  in  this  section,  such 
act  of  said  board  of  trustees  shall  be  deemed  and  held  legal  and  valid: 
Provided,  further,  that  said  taxes  herein  provided  to  be  levied  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. 
Approved  June  30,  1919. 

SCHOOLS. 
§   1.     Amends  section   189,   Act  of   1909.        §   2.     Emergency. 
§   189.     Tax  levy — rate. 

(House  Bill,   No.    85.     Approved  April,   3,    1919.) 

An  Act  to  amend  section-  one  hundred  eighty-nine  (189)  of  an  Act 
entitled,  "An  Act  to  establish  and  maintain  a  system  of  free  schools," 
approved  and  in  force  June  12,  1909,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  one'  hundred 
eighty-nine   (189)   of  an  Act  entitled,  "An  Act  to  establish  and  main- 


REVENUE.  853 


tain  a  system  of  free  schools/'  approved  and  in  force  June  12,  1909, 
as  subsequently  amended,  be  amended,  so  that  said  section  shall  read  as 
follows : 

§  189.  For  the  purpose  of  establishing  and  supporting  free 
schools  for  not  less  than  seven  months  in  each  year  and  defraying  all  the 
expenses  of  the  same  of  every  description;  for  the  purpose  of  repairing 
and  improving  school  houses,  or  procuring  furniture,  fuel,  libraries  and 
apparatus,  and  for  all  other  necessary  incidental  expenses  in  each  dis- 
trict, village  or  city,  anything  in  any  special  charter  to  the  contrary 
notwithstanding,  the  directors,  the  board  of  education  and  the  author- 
ities of  such  village  or  city,  as  the  case  may  be,  shall  be  authorized  to 
levy  a  tax  annually  upon  all  the  taxable  property  of  the  district,  village, 
or  city,  not  to  exceed,  except  as  hereinafter  stated,  one  and  one-half 
per  cent  for  educational  purposes  and  one  and  one-half  per  cent  for 
building  purposes,  upon  the  valuation  to  be  ascertained  by  the  last 
assessment  for  the  State  and  county  taxes:  Provided,  that  any  sum 
expended  or  obligation  incurred  for  the  improvement,  repair  or  benefit 
of  school  buildings  and  property,  shall  be  paid  from  that  portion  of  the 
tax  levied  for  building  purposes.  No  election  or  petition  shall  be 
necessary  to  authorize  the  levy  of  a  tax  for  the  repair  and  improvement 
of  school  buildings  or  grounds  or  for  the  payment  of  any  special  tax 
or  special  assessment  levied  upon  such  property.  But  if  the  directors  or 
board  of  education  in  any  district  shall  desire  to  levy  or  cause  to  be 
levied  more  than  one  and  one-half  per  cent  for  educational  purposes, 
such  directors  or  board  may  levy  or  cause  to  be  levied  annually  for 
educational  purposes,  a  tax  in  excess  of  one  and  one-half  per  cent  but 
not  more  than  two  per  cent,  and  for  building  purposes  such  a  percentage 
that  the  aggregate  levy  shall  not  exceed  three  per  cent:  Provided, 
however,  that  if  the  directors  or  board  of  education  in  any  district  not 
governed  by  any  special  act  in  relation  to  free  schools,  now  in  force  by 
which  no  tax  limit  is  imposed,  shall  desire  to  levy  or  have  levied  more 
than  two  per  cent  but  not  more  than  three  per  cent  for  educational 
purposes,  such  directors  or  board  may,  by  resolution  stating  the  per- 
centage so  desired,  cause  a  proposition  for  an  assent  thereto  to  be  sub- 
mitted to  the  voters  of  such  district  at  any  general  or  school  election  or 
at  a  special  election  called  for  such  purpose,  and  if  at  such  election  a 
majority  of  the  votes  cast  on  said  proposition  shall  be  in  favor  thereof, 
the  directors  or  board  of  education  of  such  district  may  thereafter 
until  such  authority  is  revoked  in  like  manner,  levy  or  cause  to  be  levied 
annually  for  educational  purposes  a  tax  in  excess  of  two  per  cent  but 
not  exceeding  the  percentage  mentioned  in  said  proposition,  and  for 
building  purposes  such  a  percentage  not  exceeding  one  and  one-half 
per  cent  that  the  aggregate  levy  for  both  educational  and  building 
purposes  shall  not  exceed  four  per  cent;  proposed  changes  in  such  per- 
centage for  educational  purposes,  either  to  increase  or  decrease  the  same, 
but  not  below  two  per  cent  nor  above  three  per  cent,  may  be  submitted 
or  caused  to  be  submitted  at  any  time  and  from  time  to  time  to  the 
voters  of  such  district  at  any  such  election  either  at  the  instance  of  such 
directors  or  board  of  education  or  bv  petition  for  that  purpose  ad- 
dres?ed  to  such  directors  or  board  and  signed  bv  at  least  five  per  cent 


854 


REVENUE. 


of  the  voters  of  such  district,  ascertained  by  the  vote  cast  at  the  last 
preceding  general  or  school  election  in  said  district;  and  such  directors 
or  board  of  education  shall  levy  or  cause  to  be  levied  no  tax  in  excess 
of  two  per  cent  for  educational  purposes  that  shallnot  be  authorized 
by  the  voters  of  the  district  at  an  election  as  herein  provided. 

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

Approved  April  3,  1919. 


SCHOOLS- 


-ILLINOIS    STATE   TEACHERS- 
FUND. 


Amends  section    211,   Act   of   1909. 


PENSION   AND   RETIREMENT 


§  211.  Apportionment  of  com- 
mon school  fund  — 
teachers'  pensions  — 
compensation  of 
county  superintend- 
ents —  Staie  institu- 
tions— counties. 


(Senate  Bill  No.   136.     Approved  June   23,   1919.) 

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,  as 
subsequently  amended,  by  amending  section  211  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the.  General  Assembly:  That  an  Act  entitled:  "An  Act 
to  establish  and  maintain  a  system  of  free  schools,"  approved  and  in 
force  June  12,  1909,  as  subsequently  amended  be  and  the  same  is  hereby 
amended,  by  amending  section  211  thereof,  to  read  as  follows : 

§  211.  On  the  first  Monday  in  January,  annually,  the  Auditor  of 
Public  Accounts  shall  apportion  the  common  school  fund  in  the  manner 
following : 

(a)  There  shall  be  set  aside  annually  by  the  Auditor  from  the 
common  school  fund  of  the  State  and  paid  into  the  State  treasury  for 
the  maintenance  and  administration  of  the  Illinois  State  Teachers' 
Pension  and  Eetirement  Pund,  an  amount  sufficient  to  meet  all  the 
demands  made  upon  said  pension  and  retirement  fund,  in  accordance 
with  the  provisions  of  an  Act  entitled,  "An  Act  in  relation  to  an  Illinois 
State  Teachers'  Pension  arc?  Eetirement  Fund,"  approved  May  27,  1915, 
which  amount  until  otherwise  provided  by  law  shall  be  equal  to  one-fifth 
of  one  mill  upon  each  dollar  of  the  assessed  valuation  of  all  the  taxable 
property  of  the  State  exclusive  of  cities  and  school  districts  not  coming 
under  the  provisions  of  the  State  Teachers'  Pension  and  Eetirement 
.Fund  Act,  provided,  that  that  portion  of  the  common  school  fund  appor- 
tioned to  cities  or  school  districts  not  coming  under  the  provisions  of 
said  Act  shall  not  be  diminished  or  affected  by  the  provisions  of  this 
section.  The  Auditor  shall  draw  his  warrants  quarterly  upon  the  State 
Treasurer  for  payments  from  the  Illinois  State  Teachers'  Pension  and 
Eetirement  Ftmd,  upon  the  presentation  of  proper  vouchers  as  provided 
by  law. 

(b)  There  shall  be  set  aside  by  the  Auditor  and  paid  by  him  to 
the  State  Treasurer  annually  from  the  common  school  fund,  an  amount 
equal  to  one-fifth  of  one  mill  upon  each  dollar  of  the  assessed  valuation 


REVENUE.  855 


of  all  taxable  property  of  the  State  within  any  eity  and  school  district 
coming  under  the  provisions  of  an  Act  entitled,  "A  [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  popu- 
lation of  not  fewer  than  ten  thousand  (10,000)  and  not  more  than  one 
hundred  thousand  (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,"  approved  June  27,  1913,  as  amended.  The  monies  set 
aside  as  provided  in  this  subdivision  shall  be  taken  only  from  that 
part  of  the  common  school  fund  which  under  the  law  would  otherwise  be 
distributable  to  the  counties  wherein  a  teachers'  pension  fund  is  or  may 
be  established  under  the  above  named  Act  of  June  27,  1913,  and  the 
Auditor  shall  draw  his  warrants  upon  the  State  Treasurer  proportion- 
ately for  the  respective  cities  and  school  districts  payable  to  the  treasurer 
of  the  board  of  school  inspectors  and  to  all  other  boards  of  directors, 
boards  of  education  and  boards  of  school  inspectors  in  such  cities  or 
districts  in  accordance  with  the  provisions  of  the  Act  above  named,  who 
shall  credit  such  sums  so  paid  to  him  or  them  to  the  teachers'  pension 
and  retirement  fund  under  the  provisions  of  said  Act  of  June  27,  1913. 

(c)  There  shall  be  set  aside  by  the  Auditor  annually  and  paid 
into  the  State  treasury  the  aggregate  of  all  amounts  payable  from  the 
State  school  fund  as  and  for  compensation  for  county  superintendents  of 
schools,  as  provided  in  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,  as  amended,  and  the  Auditor  shall 
draw  his  warrants  upon  the  State  Treasurer  quarterly  for  the  pa}mient 
to  the  several  county  superintendents  of  their  compensation  as  fixed 
by  law. 

(d)  When  any  State  institution  is  located  in  a  school  district 
having  fewer  than  one  thousand  inhabitants,  and  the  State  owns  one- 
eighth  or  more  of  the  total  land  area  of  such  district,  and  pupils,  who 
are  members  of  families  employed  in  said  institution,  attend  the  public 
school  in  said  district,  there  shall  be  set  aside  by  the  Auditor  annually 
and  paid  into  the  State  treasury  the  sum  hereinafter  named,  and  the 
Auditor  shall  draw  his  warrant  upon  the  State  Treasurer  for  the  pay- 
ment of  said  sum  to  the  board  of  directors  of  said  school  district.  Said 
amount  shall  equal  the  sum  which  said  land  owned  by  the  State  would 
be  required  to  pay  in  taxes,  if  privately  owned,  based  upon  the  tax  rate 
for  school  purposes  in  said  district,  computing  the  value  per  acre  at  the 
average  value  per  acre  of  the  equalized  assessed  value  of  all  the  land 
assessed  in  said  district :  Provided,  that  annually  on  or  before  the  first 
Monday  in  December  of  each  year,  the  president  and  secretary  of  said 
board  of  directors  of  said  district  shall  certify  to  the  Auditor  of  Public 
Accounts  the  following  matters : 

A — The  name  of  the  State  Institution. 

B — The  total  land  area  of  said  district  in  acres. 


856  REVENUE. 


C — The  total  ownership  of  the  land  of  the  State  in  acres. 

D — The  total  equalized  assessed  value  of  all  the  land  in  said  district. 

E — The  rate  of  tax  levy  for  said  district  for  said  year. 

F — The  number  of  pupils  who  are  members  of  families  employed  in 
such  State  Institution. 

(e)  The  remainder  of  said  fund  shall  be  apportioned  to  each 
county  in  proportion  to  the  number  of  persons  in  each  county  under  the 
age  of  twenty-one  years,  as  ascertained  from  the  next  preceding  State 
or  Federal  census,  and  the  Auditor  shall  issue  an  order  upon  the  county 
collector  to  pay  to  the  county  superintendent  of  schools  the  amount  of 
such  order  out  of  the  funds  collected  by  him  not  otherwise  appropriated 
by  law  and  take  the  county  superintendent's  receipt  for  the  same. 

Approved  June  23,  1919. 


SCHOOLS. 
§    1.     Amends  section   189,   Act  of   1909.  §189.     Tax    levy — rate. 

(Senate  Bill  No.    422.     Approved  June   30,    1919.) 

An  Act  to  amend  section  one  hundred  eighty-nine  (189)  of  an  Act  en- 
titled, "An  Act  to  establish  and  maintain  a  system  of  free  schools," 
approved  and  in  force  June  12,  1909 >  as  subsequently  amended. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  one  hundred  eighty- 
nine  (189)  of  an  Act  entitled,  "An  Act  to  establish  and  maintain  a 
system  of  free  schools,"  approved  and  in  force  June  12,  1909,  as  subse- 
quently amended,  be  amended  so  that  said  section  shall  read  as  follows : 
§  189.  For  the  purpose  of  establishing  and  supporting  free 
schools  for  not  less  than  seven  months  in  each  year  and  defraying  all  the 
expenses  of  the  same  of  every  description;  for  the  purpose  of  repairing 
and  improving  school  houses,  or  procuring  furniture,  fuel,  libraries  and 
apparatus,  and  for  all  other  necessary  incidental  expenses  in  each  dis- 
trict, village  or  city,  anything  in  any  special  charter  to  the  contrary 
not  withstanding,  the  directors,  the  board  of  education  and  the 
authorities  of  such  village  or  city,  as  the  case  may  be,  shall  be  authorized 
to  levy  a  tax  annually  upon  all  the  taxable  property  of  the  district,  vil- 
lage or  city,  not  to  exceed,  except  as  hereinafter  stated,  one  per  cent  for 
educational  purposes  and  one  per  cent  for  building  purposes,  upon  the 
valuation  to  be  ascertained  by  the  last  assessment  for  State  and  county 
taxes :  Provided,  that  any  sum  expended  or  obligation  incurred  for 
the  improvement,  repair  or  benefit  of  school  buildings  and  property, 
shall  be  paid  from  that  portion  of  the  tax  levied  for  building  purposes. 
~No  election  or  petition  shall  be  necessary  to  authorize  the  levy  of  a  tax 
for  the  repair  and  improvement  of  school  buildings  or  grounds  or.  for 
the  payment  of  any  special  tax  or  special  assessment  levied  upon  such 
property.  But  if  the  directors  or  board  of  education  in  any  district  shall 
desire  to  levy  or  cause  to  be  levied  more  than  one  per  cent  for  educa- 
tional purposes,  such  directors  or  board  may  levy  or  cause  to  be  levied 
annually  for  educational  purposes,  a  tax  in  excess  of  one  per  cent,  but 
not  more  than  one  and  one-third  per  cent,  and  for  building  purposes 


REVENUE. 


857 


such  a  percentage  that  the  aggregate  levy  shall  not  exceed  two  per  cent. 
Provided,  however,  that  if  the  director  [directors]  or  board  of  education 
in  any  district  not  governed  by  any  special  Act  in  relation  to  f  roc  schools, 
now  in  force  by  which  no  tax  limit  is  imposed,  shall  desire  to  levy  or  have 
levied  more  than  one  and.  one-third  per  cent,  but  not  more  than  two 
per  cent  for  educational  purposes,  such  directors  or  board  may,  by  reso- 
lution stating  the  percentages  so  desired,  cause  a  proposition  for  an 
assent  thereto  to  be  submitted  to  the  voters  of  such  district  at  any  general 
or  school  election  or  at  a  special  election  called  for  such  purpose,  and 
if  at  such  election  a  majority  of  the  votes  cast  on  said  proposition  shall 
be  in  favor  thereof,  the  directors  or  the  board  of  education  of  such 
district  may  thereafter  until  such  authority  is  revoked  in  like  manner, 
levy  or  cause  to  be  levied  annually  for  educational  purposes  a  tax  in 
excess  of  one  and  one-third  per  cent  but  not  exceeding  the  percentage 
mentioned  in  said  proposition,  and  for  building  purposes  such  a  per- 
centage not  exceeding  one  per  cent  that  the  aggregate  levy  for  both 
educational  and  building  purposes  shall  not  exceed  two  and  two-thirds 
per  cent;  proposed  changes  in  such  percentage  for  educational  purposes, 
either  to  increase  or  decrease  the  same,  but  not  below  one  and  one-third 
per  cent  nor  above  two  per  cent,  may  be  submitted  or  caused  to  be  sub- 
mitted at  any  time  and  from  time  to  time  to  the  voters  of  such  district 
at  any  such  election,  either  at  the  instance  of  such  directors  or  board  of 
education  or  by  petition  for  that  purpose  addressed  to  such  directors  or 
board  and  signed  by  at  least  five  per  cent  of  the  voters  of  such  district, 
ascertained  by  the  vote  cast  at  the  last  preceding  general  or  school 
election  in  said  district;  and  such  directors  or  board  of  education  shall 
levy  or  cause  to  be  levied  no  tax  in  excess  of  one  and  one-third  per  cent 
for  educational  purposes  that  shall  not  be  authorized  by  the  voters  of  the 
district  at  an  election  as  herein  provided. 
Approved  June  30,  1919. 


SCHOOLS. 


§    1.     Amends  section  94,  Act  of  1909.  §   94.     Board     of     education     of 

non-high  school  dis- 
trict— powers  and  duty 
— tax  levy — not  to  ex- 
ceed two-thirds  of  one 
per  centum- — certificate 
— orders  for  payment 
of  tuition  —  reports  — 
expenses. 

(Senate  Bill   No.    521.     Approved   June   30.    1919.) 

An  Act  to  amend  section  94  of  an  Act,  entitled,  "An  Act  to  establish 
and  maintain  a  system  of  free  schools,"  approved  and  in  force  June 
12,  1909,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  94  of  an  Act  en- 
titled, "An  Act  to  establish  and  maintain  a  system  of  free  schools,"  ap- 
proved and  in  force  June  12,  1909,  as  subsequently  amended,  be  and  the 
same  is  hereby  further  amended  to  read  as  follows: 

§  94.  The  board  of  education  of  a  non-high  school  district  shall 
have  the  following  powers  and  it  shall  be  its  duty: 


858 


Revenue. 


First.  To  levy  a  tax  annually  upon  all  the  taxable  property  of 
such  non-high  school  district,  not  to  exceed  two-thirds  of  one  per  cent 
upon  the  valuation  to  be  ascertained  by  the  last  assessment  for  State 
and  county  purposes,  for  the  purpose  of  paying  the  tuition  of  all  eighth 
grade  graduates  residing  within  such  non-high  school  district,  attend- 
ing any  two,  three  or  four  year  recognized  high  school.  Such  tax  levy 
shall  be  certified  and  returned  to  the  county  clerk  on  or  before  the  first 
Tuesday  in  October.  The  certificate  shall  be  signed  by  the  president 
and  secretary  of  the  board  and  may  be  in  the  following  form,  to- wit : 


Certificate  of  Tax  Levy. 

We  hereby  certify  that  we  require  the  sum  of 

dollars  to  be  levied  as  a  special  tax  to  pay  the  tuition  of  graduates  of 

the  eighth  grade  residing  in  the  non-high  school  district  of 

county,  on  the  equalized  assessed  valuation  of  the  taxable 

property  of  our  non-high  school  district. 

Signed  this day  of ' ,  19 ...  . 

A B ,  President. 

C D ,  Secretary. 

A  failure  to  certify  and  return  the  certificate  of  tax  levy  to  the 
county  clerk  in  the  time  required  shall  not  vitiate  the  assessment. 

Second.  To  issue  orders  on  the  county  treasurer  on  or  before  the 
first  Tuesday  of  May  of  each  year  for  the  payment  of  the  tuition  of 
eighth  grade  graduates  residing  within  such  non-high  school  district 
attending  a  recognized  high  school,  provided  such  attendance  shall  be 
certified  to  said  board  by  the  board  of  education  of  the  high  school 
attended.  Such  orders  shall  be  payable  out  of  any  funds  belonging 
to  said  non-high  school  district. 

Third.  To  make  such  reports  as  may  be  required  by  the  State 
Superintendent  of  Public  Instruction  and  by  the  county  superintend- 
ent of  schools. 

Fourth.  To  pay  election  expenses  and  other  necessary  incidental 
expenses  out  of  the  funds  of  the  non-high  school  district. 

Approved  June  30,  1919. 


SCHOOLS. 


1.     Amends  sections  210  and  211,  Act 
of   1909. 


§  210.  State  school  fund  — 
State  to  pay  in- 
terest. 


§   211.      Apportionment  o  f 

common  school  fund 
— teachers'  pensions 
—  tax  rate  —  com- 
pensation of  county 
superintendents  — 
State  institutions  — 
counties. 


(Senate   Bill   No.    556.     Approved   June    30.    1919.) 

An  Act  to  amend  sections  210  and  211  of  an  Act  entitled,  "An  Act  to, 
establish  and  maintain  a  system  of  free  schools/'  approved  and  in 
force  June  12,  1909,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Asembly:  That  sections  210  and  211  of  an 
Act  entitled,  "An  Act  to  establish  and  maintain  a  system  of  free  schools," 


REVENUE. 


approved  and  in  force  June  12,  1909,  as  subsequently  amended,  I)'-  and 
the  same  are  hereby  further  amended  to  read  as  follow-: 

§  210.  The  common  school  fund  of  this  State  shall  consist,  until 
otherwise  provided  by  law,  of  the  proceeds  of  a  one  and  one-third  mill 
tax  levied  annually  upon  each  dollar  of  the  equalized  assessed  value  of 
all  the  property  in  the  State;  the  interest  on  the  school  fund  proper, 
which  fund  is  three  per  cent  upon  the  proceeds  of  the  sales  of  public 
lands  in  the  State,  one-sixth  part  excepted;  and  the  interest  on  the  sur- 
plus revenue  distributed  by  Act  of  Congress  and  made  part  of  the  com- 
mon school  fund  by  Act  of  the  Legislature,  March  4,  1837.  The  interest 
on  the  school  fund  proper  and  the  surplus  revenue  shall  be  paid  by  the 
State  annually  at  the  rate  of  six  per  cent,  and  shall  be  distributed  as 
provided  by  law. 

§  211.  On  the  first  Monday  in  January  annually,  the  Auditor  of 
Public  Acounts  shall  apportion  the  common  school  fund  in  the  manner 
following : 

(a)  There  shall  be  set  aside  annually  by  the  Auditor  from  the 
common  school  fund  of  the  State  and  paid  into  the  State  treasury  for 
the  maintenance  and  administration  of  the  Ilinois  State  Teachers'  Pen- 
sion and  Eetirement  Fund,  an  amount  sufficient  to  meet  all  the  demands 
made  upon  said  pension  and  retirement  fund,  in  accordance  with  the  pro- 
visions of  an  Act  entitled :  "An  Act  in  relation  to  an  Illinois  State  Teach- 
ers' Pension  and  Eetirement  Fund,"  approved  May  27,  1915.  which 
amount  until  otherwise  provided  by  law,  shall  be  equal  to  two-fifteenths 
(2/15)  of  one  mill  upon  each  dollar  of  the  assessed  valuation  of  all  taxable 
property  of  the  State  exclusive  of  cities  and  school  districts  not  coming 
under  the  provision  of  the  State  Teachers'  Pension  and  Retirement  Fund 
Act,  provided  that  that  portion  of  the  common  school  fund  apportioned  to 
cities  or  school  districts  not  coming  under  the  provisions  of  said  Act 
shall  not  be  diminished  or  affected  by  the  provisions  of  this  section. 
The  Auditor  shall  draw  his  warrants  quarterly  upon  the  State  Treasurer 
for  payments  from  the  Illinois  State  Teachers'  Pension  and  Eetirement 
Fund,  upon  the  presentation  of  proper  vouchers  as  provided  by  law. 

(b)  There  shall  be  set  aside  by  the  Auditor  and  paid  by  him  to 
the  State  Treasurer  annually  from  the  common  school  fund,  an  amount 
equal  to  two-fifteenths  (2/15)  of  one  mill  upon  each  dollar  of  the  as- 
sessed valuation  of  all  taxable  property  of  the  State  within  any  city 
and  school  district  coming  under  the  provisions  of  an  Act  entitled :  "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  ten  thousand  (10.000)  and  not 
more  than  one  hundred  thousand  (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 
Eetirement  Fund,"  approved  June  27,  1913,  as  amended.  The  moneys 
set  aside  as  provided  in  this  subdivision  shall  be  taken  only  from  that 


860  REVENUE. 


part  of  the  common  school  fund  which  under  the  law  would  otherwise 
be  distributable  to  the  counties  wherein  a  teachers'  pension  fund  is  or 
may  be  established  under  the  above  named  Act  of  June  27,  1913,  and 
the  Auditor  shall  draw  his  warrants  upon  the  State  Treasurer  propor- 
tionately for  the  respective  cities  and  school  districts  payable  to  the 
treasurer  of  the  board  of  school  inspectors  and  to  all  other  boards  of 
directors,  boards  of  education  and  boards  of  school  inspectors  in  such 
cities  or  districts  in  accordance  with  the  provisions  of  the  Act  above 
named,  who  shall  credit  such  sums  so  paid  to  him  or  them  to  the  Teach- 
ers' Pension  and  Eetirement  Fund  under  the  provisions  of  said  Act  of 
June  27,  1913. 

(c)  There  shall  be  set  aside  by  the  Auditor  annually  and  paid 
into  the  State  treasury  the  aggregate  of  all  amounts  payable  from  the 
State  school  fund  as  and  for  compensation  for  county  superintendents  of 
schools,  as  provided  in  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,  as  amended,  and  the  Auditor  shall 
draw  his  warrants  upon  the  State  Treasurer  quarterly  for  the  payment 
to  the  several  county  superintendents  of  their  compensation  as  fixed  by 
law. 

(d)  When  any  State  institution  is  located  in  a  school  district 
having  fewer  than  one  thousand  inhabitants,  and  the  State  owns  one- 
eighth  or  more  of 'the  total  land  area  of  such  district,  and  pupils,  who  are 
members  of  families  employed  in  said  institution,  attend  the  public 
school  in  said  district,  there  shall  be  set  aside  by  the  Auditor  annually 
and  paid  into  the  State  treasury  the  sum  hereinafter  named,  and  the 
Auditor  shall  draw  his  warrant  upon  the  State  Treasurer  for  the  pay- 
ment of  said  sum  to  the  board  of  directors  of  said  school  district.  Said 
amount  shall  equal  the  sum  which  said  land  owned  by  the  State  would 
be  required  to  pay  in  taxes,  if  privately  owned,  based  upon  the  tax  rate 
for  school  purposes  in  said  district,  computing  the  value  per  acre  at  the 
average  value  per  acre  of  the  equalized  assessed  value  of  all  the  land 
assessed  in  said  district:  And  provided  further,  that  when  the  State 
acquires  or  has  heretofore  acquired  by  condemnation,  or  property  sub- 
ject to  condemnation,  any  improvements,  switch  tracks,  and  rolling  stock 
in  connection  therewith,  the  equalized  value  of  which  at  the  time  of 
acquisition  by  the  State  is  $15,000.00,  or  in  excess  thereof,  there  shall 
be  added  to  said  sum  so  computed,  an  additional  sum  which  said  improve- 
ments, switch  tracks,  and  rolling  stock  connected  therewith,  would  be 
required  to  pay  in  taxes,  if  privately  owned,  based  upon  the  tax  rate 
for  school  purposes  in  said  district;  and  if  said  improvements,  switch 
tracks  and  rolling  stock  should  decrease  in  value  or  become  valueless,  such 
facts  shall  be  determined  in  the  usual  manner  of  assessment  of  property 
for  tax  purposes.  Provided,  that  annually  on  or  before  the  first  Monday 
in  December  of  each  year,  the  president  and  secretary  of  said  board  of 
directors  of  said  district  shall  certify  to  the  Auditor  of  Pubic  Accounts 
the  following  matters : 


REVENUE.  861 


A. — The  name  of  the  State  institution. 

B. — The  total  land  area  of  said  district  in  acres. 

C. — The  total  ownership  of  the  land  of  the  State  in  acres. 

D- — The  total  equalized  assessed  value  of  all  the  land  in  said  dis- 
trict. 

E. — The  rate  of  tax  levy  for  said  district  for  said  year. 

F. — The  number  of  pupils  who  are  members  of  families  employed 
in  said  State  institution. 

Gr. — The  assessed  equalized  value  of  improvements,  switch  tracks, 
or  rolling  stock. 

(e)  The  remainder  of  said  fund  shall  be  apportioned  to  each  county 
in  proportion  to  the  number  of  persons  in  each  county  under  the  age  of 
twenty-one  years,  as  ascertained  from  the  next  preceding  State  or  Fed- 
eral census,  and  the  Auditor  shall  issue  an  order  upon  the  county  col- 
lector to  pay  to  the  county  superintendent  of  schools  the  amount  of  such 
order  out  of  the  funds  collected  by  him  not  otherwise  appropriated  by 
law  and  take  the  county  superintendent's  receipt  for  the  same. 

Approved  June  30,  1919. 


SEWAGE  DISPOSAL. 

§   1.     Amends  section   12,  Act  of  1917.  §   12.     Taxes  for  corporate  pur- 

poses —  not  to  exceed 
one-third  of  one  per 
centum — additional  tax 
when  authorized  by 
electors — levy,  certifi- 
cation and  election  — 
interest  on  deposits. 

(Senate   Bill   No.    523.     Approved  June   30,    1919.) 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  create  sani- 
tary districts  and  to  provide  for  sewage  disposal"  approved  June  22, 
1917,  in  force  July  1,1917. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Ilinois, 
represented  in  the  General  Assembly:  That  section  12  of  an  Act  en- 
titled, "An  Act  to  create  sanitary  districts  and  to  provide  for  sewage  dis- 
posal," approved  June  22,  1917,  in  force  July  1,  1917,  be  and  the  same 
is  hereby,  amended  to  read  as  follows: 

§  12.  The  board  of  trustees  may  levy  and  collect  other  taxes  for 
corporate  purposes  upon  property  within  the  territorial  limits  of  such 
sanitary  district,  the  aggregate  amount  of  which  for  each  year  shall  not 
exceed  one-third  of  one  per  centum  of  the  value  of  the  taxable  property 
within  the  corporate  limits,  as  the  same  shall  be  assessed  and  equalized 
for  the  State  and  county  taxes  of  the  year  in  which  the  levy  is  made. 
provided,  however,  that  a  like  sum  in  addition  thereto  may  be  levied 
when  such  additional  tax  has  been  authorized  by  the  legal  voters  of  such 
district  at  an  election  duly  called  therefor.  Such  election  shall  be  gov- 
erned by  the  terms  of  this  Act  relating  to  elections  held  to  decide  on  the 
proposition  of  issuing  bonds  of  said  district. 

Said  board  shall  cause  the  amount  required  to  be  raised  by  taxation 
in  each  year  to  be  certified  to  the  county  clerk  on  or  before  the  second 


862  REVENUE. 


Tuesday  in  August,  as  provided  in  section  one  hundred  and  twenty-two 
of  the  general  revenue  law.  All  taxes  so  levied  and  certified  shall  be  col- 
lected and  enforced  in  the  same  manner  and  by  the  same  officers  as  State 
and  county  taxes,  and  shall  be  paid  over  by  the  officer  collecting  the  same 
to  the  treasurer  of  the  sanitary  district  in  the  maner  and  at  the  time 
provided  by  the  general  revenue  law. 

The  treasurer  shall,  when  the  moneys  of  the  district  are  deposited 
with  any  bank  or  other  depositary,  require  such  bank  or  other  depositary 
to  pay  the  same  rates  of  interest  for  such  moneys  deposited  as  such  bank 
or  other  depositary  is  accustomed  to  pay  depositors  under  like  circum- 
stances, in  the  usual  course  of  its  business.  All  interest  so  paid  shall  be 
placed  in  the  general  fund  of  the  district,  to  be  used  as  other  moneys  be- 
longing to  such  district  raised  by  general  taxation.  The  annual  tax  pro- 
vided for  herein  and  the  taxes  levied  hereunder  for  the  payment  of  the 
principal  of  and  the  interest  upon  bonded  indebtedness  of  the  district 
shall  not  be  included  in  the  aggregate  of  all  the  taxes  required  to  be  re- 
duced 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  all  amendatory  Acts  thereof. . 

Approved  June  30,  1919. 


SEWAGE   AND   WATER   WORKS. 

§   1.     Amends   sections   1   and   2,   Act   of  §   2.     Levy  of  tax  limited  to 

1883.  two-thirds  of  one  mill 

for   "water  fund  tax" 

§    1.     Levy    of   tax   limited    to  —  provisos  —  limit    of 

two-thirds  of  one  mill  two    mills    for    light- 

for    "sewerage"    fund  ing     streets — limit    of 

tax" — provisos.  one       and       one-third 

mills      for      supplying 
water — proviso. 

(Senate   Bill,   No.    540.     Approved  June   30,    1919.) 

An  Act  to  amend  sections  1  and  2  of  an  Act  entitled,  "An  Act  in  rela- 
tion to  the  levy  and  collection  of  taxes  for  sewerage  and  water-works 
in  cities  of  this  State,  that  may  have  established  a  system  of  sewerage 
and  water-works  for  such  city,  and  to  repeal  an  Act  therein  named, 
and  to  authorize  the  cities,  villages  and  incorporated  towns  of  this 
State  to  levy  and  collect  taxes  to  pay  for  water  and  light,"  approved 
June  21,  1883,  in  force  July  1,  1883,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Asembly:  That  sections  1  and  2  of  an  Act 
entitled,  "An  Act  in  relation  to  the  levy  and  collection  of  taxes  for  sewer- 
age and  water-works  in  cities  of  this  State,  that  may  have  established  a 
system  of  sewerage  and  water-works  for  such  city,  and  to  repeal  an  Act 
therein  named,  and  to  authorize  the  cities,  villages  and  incorporated  towns 
of  this  State  to  levy  and  collect  taxes  to  pay  for  water  and  light,"  ap- 
proved June  21,  1883,  in  force  July  1,  1883,  as  subsequently  amended, 
be  and  the  same  are  hereby  further  amended  to  read  as  follows: 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Asembly:     That  the  legislative  authority  of  any 


REVENUE.  863 


city  which  now  has,  or  may  hereafter  have,  established  a  system  of 
sewerage  for  such  city,  shall  have  power  annually  to  levy  and  collect 
a  tax  upon  the  taxable  real  and  personal  estate  of  such  city,  not  t 
ceed  two-thirds  of  one  mill  on  the  dollar,  for  the  extension  and  laying 
of  sewers  therein,  and  the  maintenance  of  such  sewers,  which  tax  shall 
be  known  as  "The  Sewerage  Fund  Tax,"  and  shall  be  levied  and  col- 
lected in  the  same  manner  that  other  general  taxes  of  any  such  city 
are  levied  and  collected:  Provided,  however,  that  the  board  of  public 
works  of  such  city,  if  any,  or  the  head  of  the  sewer  department  of  such 
city,  shall  first  certify  to  such  legislative  authority  the  amount  that  will 
be  necessary  for  such  purpose :  Provided,  further,  that  a  two-thirds 
majority  of  all  the  members  elect  of  the  legislative  authority  of  such 
city  may  levy  a  tax  for  such  purposes  not  to  exceed  two  mills  on  each 
dollar  of  'the  taxable  property  of  such  city :  And,  provided,  such  "Sewer- 
age Fund  Tax"  shall  not  be  included,  prior  to  the  year  1891,  in  the 
aggregate  amount  of  taxes  as  limited  by  section  one  (1)  of  Article  eight 
(8)  of  "An  Act  for  the  incorporation  of  cities  and  villages,"  approved 
April  10,  1872. 

§  2.  The  legislative  authority  of  any  city  which  now  has,  or  which 
may  hereafter  have  established  or  hired  water-works,  for  the  supply  of 
water  to  the  inhabitants  thereof,  shall  have  power  to  annually  levy  and 
collect  a  tax  upon  the  taxable  real  and  personal  estate  of  any  such  city, 
whether  organized  under  a  special  charter  or  the  general  law,  not  to  ex- 
ceed two-thirds  of  one  mill  on  the  dollar,  for  the  extension  of  water 
mains  or  pipes  therein,  and  the  maintenance  of  such  water-works,  or 
to  the  creation  of  a  sinking  fund  to  be  applied  to  the  establishment  of 
water-works,  which  tax  shall  be  known  as  the  "Water  Fund  Tax,"  and 
shall  be  levied  and  collected  in  the  same  manner  that  other  general  taxes  of 
any  such  city  are  levied  and  collected :  Provided,  that  the  board  of 
public  works  of  such  city,  if  any,  or  the  head  of  the  water  department 
of  such  city,  shall  first  certify  to  such  legislative  authority,  the  amount 
that  will  be  necessary  for  such  purposes,  and  shall  further  certify  that 
the  revenue  or  income  from  such  water-works  will  be  insufficient  there- 
for: Provided,  further,  that  two-thirds  majority  of  all  the  members 
elect  of  the  legislative  authority  of  such  city  may  levy  a  tax  for  such 
purposes,  not  to  exceed  two  mills  on  each  dollar  of  the  taxable  property 
of  such  city:  And,  provided,  further,  that  the  legislative  authority  of 
each  of  the  cities,  villages  and  incorporated  towns  in  this  State,  with 
the  concurrence  of  two-thirds  of  the  members  thereof,  shall  be  author- 
ized to  levy  and  collect  annually,  upon  the  taxable  property  within  its 
limits,  in  addition  to  all  other  taxes  now  authorized  by  law,  a  tax  of  not 
exceeding  two  mills  on  the  dollar  of  such  taxable  property  to  be  used 
exclusively  for  the  purpose  of  lighting  streets,  and  the  further  tax  of 
not  exceeding  one  and  one-third  mills  on  the  dollar  of  such  taxable 
property,  to  be  used  exclusively  for  the  purpose  of  supplying  water  to 
such  city,  village  or  incorporated  town:  Provided,  also,  that  nothing 
in  this  Act  shall  be  so  construed  as  to  increase  the  amount  of  aggregete 
taxes  that  may  be  levied  in  any  one  year  by  any  city  or  village  as  pro- 


864  REVENUE. 


vided  in  section  one  (1),  of  Article  VIII  of  an  Act  entitled,  "An  Act 
to  provide  for  the  incorporation  of  cities  and  villages,"  approved  April 
10,  1872. 

Approved  June  30,  1919. 


STATE  AND  SCHOOL  FUNDS. 

S    1.     Tax    levy  —  "revenue    fund"     and        §    2.     Rates — by  whom  computed — certi- 
"State    school    fund"    for    bien-  fled   repeal, 

nium. 

(House  Bill  No.  459.     Approved  June  28,  1919.) 

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

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Asembly:  That  there  shall  be  raised,  by 
levying  a  tax  by  valuation  upon  the  assessed  taxable  property  of  the 
State,  the  following  sums  for  the  purposes  hereinafter  set  forth: 

For  general  State  purposes,  to  be  designated  "Kevenue  Fund,"  the 
sum  of  fourteen  million  dollars  ($14,000,000.00)  upon  the  assessed 
value  of  the  property  for  the  year  A.  D.  1919;  fourteen  million  dollars 
($14,000,000.00)  upon  the  assessed  value  of  the  property  for  the  year 
A.  D.  1920;  and  for  State  school  purposes  to  be  designated  "State 
School  Fund"  the  sum  of  six  million  dollars  ($6,000,000.00)  upon  the 
assessed  taxable  property  for  the  year  A.  D.  1919,  and  the  sum  of  six 
million  dollars  ($6,000,000.00)  upon  the  assessed  taxable  property  for 
the  year  A.  D.  1920,  in  lieu  of  the  two  mill  tax. 

§  2.  The  Governor,  the  Auditor  and  Treasurer  shall  annually 
compute  the  several  rates  per  cent  required  to  produce  not  less  than 
the  above  amounts,  anything  in  any  other  Act  providing  a  different 
manner  of  ascertaining  the  amount  of  revenue  required  to  be  levied  for 
State  purposes  to  the  contrary  notwithstanding;  and  when  so  ascer- 
tained, the  Auditor  shall  certify  to  the  county  clerk  the  proper  rates  per 
cent  therefor,  and  also  such  definite  rates  for  other  purposes  as  are  now 
or  may  be  hereafter  provided  by  law,  to  be  levied  and  collected  as  State 
taxes,  and  all  other  laws  and  parts  of  laws  in  conflict  with  this  Act  are 
hereby  repealed. 

Approved  June  28,  1919. 


TUBERCULOSIS   SANITARIUMS. 

§    1.     Amends   sections    1   and   2,   Act   of  §   2.     Petition — notice — election. 

1908. 

§   1.     Tax  levy — rate. 

(Senate   Bill   No.    418.     Approved  June   30,    1919.) 

An  Act  to  amend  section  1  and  section  2  of  an  Act  entitled,  "An  Act 
to  enable  cities  and  villages  to  establish  and  maintain  public  tuber- 
culosis sanitariums,"  approved  March  7,  1908,  in  force  July  1,  1908, 
as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  and  section  2  of  an 
Act  entitled,  "An  Act  to  enable  cities  and  villages  to  establish  and  main- 


TlEVENUE.  865 


tain  public  tuberculosis  sanitariums,"  approved  March  7,  1908,  in  force 
July  1,  1908,  as  subsequently  amended,  be  and  the  same  arc  hereby 
further  amended  to  read  as  follows: 

§  1.  That  the  city  council  of  cities  and  boards  of  trustees  in  vil- 
lages of  this  State  shall  have  the  power,  in  the  manner  hereinafter  pro- 
vided, to  establish  and  maintain  a  public  sanitarium  and  branches,  dis- 
pensaries and  other  auxiliary  institutions  connected  with  same  within 
or  without  the  limits  of  such  cities  and  villages,  for  the  use  and  benefit 
of  the  inhabitants  of  such  city  or  village  for  the  treatment  and  care  of 
persons  afflicted  with  tuberculosis,  and  shall  have  the  power  to  lew  a 
tax  not  to  exceed  two-thirds  of  one  mill  on  the  dollar  annually  on  all 
taxable  property  of  such  city  or  village,  such  tax  to  be  levied  and  col- 
lected in  like  manner  with  the  general  taxes  of  the  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  concerning  the  levy  ■  and  extension  of  taxes,"  approved  May 
9,  1901,  in  force  July  1,  1901,  as  subsequently  amended,  shall  not  con- 
sider the  tax  for  said  tuberculosis  sanitarium  fund  authorized  by  this 
Act  as  a  part  of  the  general  tax  levy  for  city  or  village  purposes,  and 
shall  not  include  the  same  in  the  limitation  of  two  (2)  per  cent  of  the 
asessed  valuation  upon  which  taxes  are  required  to  be  extended. 

§  2.  When  one  hundred  legal  voters  of  any  such  city  or  village 
shall  present  a  petition  to  the  city  council  or.  board  of  trustees  of  such 
city  or  village,  as  the  case  may  be,  asking  that  an  annual  tax  may  be 
levied  for  the  establishment  and  maintenance  of  a  public  tuberculosis 
sanitarium  in  such  city  or  village,  such  city  council  or  board  of  trustees, 
as  the  case  may  be,  shall  instruct  the  city  or  village  clerk  to,  and  such 
city  or  village  clerk  shall,  in  the  next  legal  notice  of  the  regular  annual 
election  in  such  city  or  village,  give  notice  that  at  such  election  every 
elector  may  vote  "For  the  levy  of  a  tax  for  a  public  tuberculosis  sani- 
tarium," or  "Against  the  levy  of  a  tax  for  a  tuberculosis  sanitarium." 
and  if  the  majority  of  all  the  votes  cast  upon  the  proposition  is,  that 
such  city  or  village  shall  be  "For  the  tax  for  a  public  tuberculosis  sani- 
tarium," the  city  council  or  board  of  trustees  of  such  city  or  village 
shall  thereafter  annually  levy  a  tax  of  not  to  exceed  two-thirds  of  one 
mill  on  the  dollar,  which  tax  shall  be  collected  in  like  manner  with 
other  general  taxes  in  such  city  or  village  and  shall  be  known  as  the 
"Tuberculosis  Sanitarium  Fund,"  and  thereafter  the  city  council  or 
board  of  trustees,  as  the  case  may  be,  of  such  city  or  village  shall  include 
and  appropriate  from  such  fund  in  the  annual  appropriation  bill  such 
sum  or  sums  of  money  as  may  be  deemed  necessary  to  defray  all  neces- 
sary expenses  and  liabilities  of  such  tuberculosis  sanitarium. 

Approved  June  30,  1919. 


—55  L 


866  REVENUE. 


TUBERCULOSIS   SANITARIUMS. 

§    1.     Amends  section  16,  Act  of  1908.  §   16.     Tax  levy  increase  limited 

to    one    and    one-third 
mills. 

(Senate   Bill   No.    546.     Approved  June   30,    1919.) 

An  Act  to  amend  section  16  of  an  Act  entitled,  "An  Act  to  enable  cities 
and  villages  to  establish  and  maintain  public  tuberculosis  sani- 
tariums," approved  March  7,  1908,  in  force  July  1,  1908,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  16  of  an  Act  en- 
titled, "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,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

§  16.  Where  a  tuberculosis,  sanitarium,  organized  under  the  pro- 
visions of  this  Act,  is  being  maintained  in  any  city  or  village  of  less 
than  one  hundred  thousand  inhabitants,  the  tax  levy  for  the  support 
of  such  sanitarium,  so  maintained  may  be  increased  to  a  sum  not  to 
exceed  one  and  one-third  mills  on  the  dollar,  and  when  so  increased  shall 
be  levied  and  collected  as  hereinbefore  provided. 

Approved  June  30,  1919. 


TUBERCULOSIS   SANITARIUMS. 

§    1.     Amends   sections   1    and   2,   Act   of  §   2.     Petition — notice  of  elec- 

1915.  tion — levy    of   tax. 

§  1.  County  may  establish 
and  maintain — tax — 
fund. 

(Senate   Bill   No.    552.     Approved   June    30,    1919.) 

An  Act  to  amend  sections  1  and  2  of  an  Act  entitled,  "An  Act  to 
authorize  county  authorities  to  establish  and  maintain  a  county  tuber- 
culosis sanitarium,  and  branches,  dispensaries  and  other  auxiliary 
institutions  connected  with  the  same,  and  to  levy  and  collect  a  tax  to 
pay  the  cost  of  their  establishment' and  maintenance,"  approved  June 
28,  1915,  in  force  July  1,  1915. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  1  and  2  of  an  Act 
entitled,  "An  Act  to  authorize  county  authorities  to  establish  and  main- 
tain a  county  tuberculosis  sanitarium,  and  branches,  dispensaries  and 
other  auxiliary  institutions  connected  with  the  same,  and  to  levy  and 
collect  a  tax  to  pay  the  cost  of  their  establishment  and  maintenance," 
approved  June  28,'  1915,  in  force  July  1,  1915,  be  and  the  same  are 
hereby  amended  to  read  as  follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  county  board  of  each  county 
in  this  State  shall  have  the  power,  in  the  manner  hereinafter  provided, 
to  establish  and  maintain  a  county  tuberculosis  sanitarium,  and  branches, 
dispensaries,  and  other  auxiliary  institutions  connected  with  the  same, 
within  the  limits  of  such  county,  for  the  use  and  benefit  of  the  inhabit- 


REVENUE.  867 


ants  thereof,  for  the  treatment  and  care  of  persons  afflicted  with  tuber- 
culosis, and  shall  have  the  power  to  levy  a  tax  not  to  exceed  two  mills 
on  the  dollar  annually  on  all  taxable  property  of  such  county,  such  tax 
to  be  levied  and  collected  in  like  manner  with  the  general  taxes  of  such 
county,  and  to  form,  when  collected,  a  fund  to  be  known  as  the  "Tuber- 
culosis Sanitarium  Fund/'  which  said  tax  shall  be  in  addition  to  all 
other  taxes  which  such  county  is  now,  01  hereafter  may  be,  authorized 
to  levy  on  the  aggregate  valuation  of  all  property  within  such  county, 
and  the  county  clerk,  in  reducing  tax  levies  under  the  provisions  of 
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  subsequently 
amended,  shall  not  consider  the  tax  for  said  tuberculosis  sanitarium 
fund,  authorized  by  this  Act,  as  a  part  of  the  general  tax  levy  for  county 
purposes,  and  shall  not  include  the  same  in  the  limitation  of  two  (2) 
per  cent  of  the  assessed  valuation  upon  which  taxes  are  required  to  be 
extended. 

§  2.  When  one  hundred  legal  voters  of  any  county  shall  present 
a  petition,  to  the  county  board  of  such  county,  asking  that  an  annual 
tax  may  be  levied  for  the  establishment  and  maintenance  of  a  county 
tuberculosis  sanitarium  in  such  county,  such  county  board  shall  instruct 
the  county  clerk  to,  and  the  county  clerk  shall,  in  the  next  legal  notice 
of  a  regular  general  election  in  such  county,  give  notice  that  at  such 
election  every  elector  may  vote  "For  the  levy  of  a  tax  for  a  county  tuber- 
culosis sanitarium,"  or  "Against  the  levy  of  a  tax  for  a  county  tubercu- 
losis sanitarium,"  and  provision  shall  be  made  for  voting  on  such 
proposition,  in  accordance  with  such  notice,  and  if  a  majority  of  all 
the  votes  cast  upon  the  proposition  shall  be  for  the  levy  of  a  tax  for  a 
county  tuberculosis  sanitarium,  the  county  board  of  such  county  shall 
thereafter  annually  levy  a  tax  of  not  to  exceed  two  mills  on  the  dollar, 
which  tax  shall  be  collected  in  like  manner  with  other  general  taxes  in 
such  county  and  shall  be  known  as  the  "Tuberculosis  Sanitarium  Fund," 
and  thereafter  the  county  board  of  such  county  shall,  in  the  annual 
appropriation  bill,  appropriate  from  such  fund  such  sum  or  sums  of 
money  as  may  be  deemed  necessary  to  defray  all  necessary  expenses  and 
liabilities  of  such  county  tuberculosis  sanitarium. 

Approved  June  30,  1919. 


UNIVERSITY   OF   ILLINOIS. 

§    1.     Amends   section   1,   Act  of   1911.  §    1.     Annual    tax    levy    of   two- 

thirds    of    one    mill    per 
dollar. 

(Senate   Bill   No.    568.     Approved   June    30.    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  by 
State  tax  for  a  fund  for  the  support  and  maintenance  of  the  Uni- 
versity of  Illinois/'  approved  June  10,  1911,  in  force  July  1,  1911. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  section  1  of  an  Act  en- 
titled, "An  Act  to  provide  by  State  tax  for  a  fund  for  the  support  and 
maintenance  of  the  University  of  Illinois."  approved  June  10,  1911,  in 


8  G  8  REVENUE. 


force  July  1,  1911,  be  aud  the  same  is  hereby  amended  to  read  as  fol- 
lows: 

.  §  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  there  shall  be  levied  and  col- 
lected for  the  year  1912  and  annually  thereafter  at  the  same  time  and  in 
the  same  manner  that  State  taxes  are  collected,  a  two-thirds  of  one  mill 
tax  for  each  dollar  of  the  assessed  valuation  of  the  taxable  property  of 
this  State  to  be  paid  into  the  treasury  of  the  State  and  set  apart  as  a 
fund  for  the  use  and  maintenance  of  the  University  of  Illinois. 
Approved  June  30,  1919. 


WATER   DISTRICTS. 

§    1.     Amends  section  12,  Act  of  1911.  §   12.     Tax  rate  limited  to   one- 

third  of  one  per  centum 
— interest  on  deposits 
— to   general   funds. 

(Senate   Bill   No.    548.     Approved   June   30,    1919.) 

An  Act  to  amend  section  12  of  an  Act  entitled,  "An  Act  to  provide  for 
the  organization  of  water  districts,  to  enable  certain  territory  to  pro- 
cure pure  water/'  approved  June  5,  1911,  in  force  July  1,  1911. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  12  of  an  Act  en- 
titled, "An  Act  to  provide  for  the  organization  of  water  districts,  to 
enable  certain  territory  to  procure  pure  water,"  approved  June  5,  1911,  in 
force  July  1,  1911,  be  and  the  same  is  hereby  amended  to  read  as  follows'. 

§  12.  The  board  of  trustees  may  levy  and  col]:ct  taxes  for  corpo- 
rate purposes  upon  property  within  the  territorial  limits  of  such  sanitary 
district,  the  aggregate  amount  of  which  in  any  one  year  shall  not  exceed 
one-third  of  one  per  centum  of  the  value  of  the  taxable  property  within 
the  corporate  limits  as  the  same  shall  be  assessed  and  equalized  for  the 
county  taxes  for  the  year  in  which  the  levy  is  made.  Said  board  shall 
cause  the  amount  to  be  raised  by  taxation  in  each  year  to  be  certified  to 
the  county  clerk  on  or  before  the  second  Tuesday  in  August  as  provided 
in  section  one  hundred  and  twenty-two  of  the  general  revenue  law.  All 
taxes  so  levied  and  certified  shall  be  collected  and  enforced  in  the  same 
manner  and  by  the  same  officers  as  State  and  county  taxes,  and  shall  be 
paid  over  by  the  officer  collecting  the  same  to  the  treasurer  of  the  sani- 
tary district,  in  the  manner  and  at  the  time  provided  by  the  general 
revenue  law. 

The  treasurer  shall,  when  the  moneys  of  the  district  are  deposited 
with  any  bank  or  other  depositary,  require  such  bank  or  other  depositary 
to  pay  the  same  rates  of  interest  for  such  moneys  deposited  as  such  bank 
or  other  depositary  is  accustomed  to  pay  to  depositors  under  like  cir- 
cumstances, in  the  usual  course  of  its  business.  All  interest  so  paid 
shall  be  placed  in  the  general  funds  of  the  district  to  be  used  as  other 
moneys  belonging  to  such  district  raised  by  general  taxation  or  sale  of 
water. 

Approved  June  30,  1919. 


KOADS    AND   BRIDGES. 


WATER  WORKS. 

§    1.     Amends  section  1,  Act  of  1899.-  §    1.     Powers  to  levy  tax  of  not 

more  than  two-thii 
one    cent — period  — 
used. 

(Senate  Bill  No.    539.     Approved  June   30,    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  enable  cities 
and  villages  to  buy,  construct  or  enlarge  water  works  and  to  provide 
for  the  management  thereof,  and  giving  them  authority  to  levy  an 
annual  tax  and  to  pledge  the  same  in  payment  therefor,"  approved 
April  19,  1899,  in  force  July  1,  1899,  as  subsequently  amended. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:     That  section  1  of  an  Act  en- 
titled, "An  Act  to  enable  cities  and  villages  to  buy,  construct  or  enlarge 
water  works  and  to  provide  for  the  management  thereof,  and  giving 
them  authority  to  levy  an  annual  tax  and  to  pledge  the  same  in  payment 
therefor,"  approved  April  19,  1899,  in  force  July  1,  1899,  as  subse- 
quently amended,  be  and  the  same  is  hereby  further  amended  to  read 
as  follows : 

§  1.  That  cities  and  villages  shall  have  the  power  to  levy,  in  addi- 
tion to  the  taxes  now  authorized  by  law,  a  direct  annual  tax  of  not  more 
than  two-thirds  of  one  cent  on  the  dollar  upon  all  the  property  within 
the  corporate  limits  of  the  city  or  village,  said  tax  to  be  payable  yearly 
for  a  period  of  not  more  than  thirty  years;  the  proceeds  of  said  tax  to 
be  used  solely  for  the  purchase,  construction  or  enlarging  of  water  works. 
Approved  June  30,  1919. 


ROADS    AND   BRIDGES. 


ALTERING,  laying  out,   vacating  and  widening  roads. 

§    1.     Amends  section  75,  Act  of  1913.  §   75.     Altering-,     etc.,     roads  — 

petition. 

(Senate  Bill  No.  442.     Approved  June  30,  1919.) 

An  Act  to  amend  section  15  of  an  Act  entitled:  "An  Act  to  revise  the 
law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in 
force  July  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois. 
represented  in  the  General  Assembly:  Section  75  of  an  Act  entitled, 
"An  Act  to  revise  the  law  in  relation  to  roads  and  bridges,"  approved 
June  27,  1913,  in  force  July  1,  1913,  as  amended,  is  amended  to  read 
as  follows : 

§  75.  Existing  roads  may  be  altered,  vacated  or  widened  and  new 
roads  may  be  laid  out  in  the  manner  herein  provided  for.  Any  number 
of  land  owners,  not  less  than  twelve,  residing  in  any  town  or  road  dis- 
trict within  two  miles  of  the  road  to  be  altered,  widened,  vacated  or  laid 
out,  or  two  thirds  of  such  land  owners,  may  file  a  petition  with  the 
commissioners  of  highways  of  such  town  or  district,  praying  for  the 
altering,  widening,  vacation  or  laying  out  of  said  roads.  Said  petition 
shall  set  forth  a  description  of  the  road  and  what  part  is  to  be  altered, 


870 


KOADS    AND   BRIDGES. 


widened  or  vacated,  and  if  for  a  new  road  the  names  of  the  owners  of 
lands,  if  known,  and  if  not  known  it  shall  so  state,  over  which  the 
road  is  to  pass,  the  points  at  or  near  which  it  is  to  commence,  its  general 
course,  and  the  place  at  or  near  which  it  is  to  terminate.  When  the 
general  course  of  relocated  roads  shall  render  the  same  practicable,  such 
relocated  roads  shall  be  laid  out  on  section  lines,  or  regular  divisional 
lines  sub-dividing  a  section  or  sections. 
Approved  June  30,  1919. 


ALTERING,   LAYING  OUT,  VACATING  AND   WIDENING   ROADS. 


1.  Amends  sections  73,  75a,  84,  89. 
90,  91,  95,  97  and  98,  Act  of 
1913. 

§   73.     Width    of    roads. 

§  75a.  Relocation  of  public 
road  at  grade  cross- 
ings— duty  of  high- 
way commissioner  — 
proceedings. 

§  84.  Notice  to  non-resident 
owners  —  continu- 
ance. 

§  89.  Costs  of  appeal  —  ap- 
peal   bond. 


§  90.  Final  order  of  high- 
way commissioners 
or  county  superin- 
tendent of  highways. 

§91.  Appeal  from  final 
commissioners* 
order. 

§  95.  Limitations  of  time  to 
open. 

§  97.  Crops  —  removal  of  — 
notice  to  remove 
fences. 

§   98.     Private  roads. 


(House  Bill  No.  396.     Approvid  Juke  30.   1919.) 

An  Act  to  amend  sections  73,  75a,  84,  89,  90,  91,  95,  97  and  98  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  roads  and 
bridges,"  approved  June  27,  1918,  in  force  July  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  73,  75a,  84,  89,  90,  91, 
95,  97  and  98  of  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  roads  and  bridges"  approved  June  27,  1913,  in  force  July  1,  1913,  as 
amended,  is  amended  to  read  as  follows : 

§  73.  All  public  roads  established  under  this  Act  shall  be  not  less 
than  forty  (40)  feet  in  width. 

§  75a.  Whenever  the  State  Public  Utilities  Commission  or  its 
successor,  shall  find  and  certify  to  the  highway  commissioners  of  any 
town  or  road  district,  that  the  reconstruction,  alteration,  relocation 
improvement  or  abolishment  of  any  crossing  of  the  track  of  any  railroad 
company  across  any  highway  or  public  road  under  his  control  is  neces- 
sary to  preserve  or  promote  the  safety  of  the  public  or  of  the  employees 
or  passengers  of  such  railroad,  and  that  for  that  purpose  it  is  necessary 
to  relocate,  divert  or  establish  any  highway  or  public  road,  it  shall  be 
the  duty  of  such  highway  commissioners  to  relocate,  divert  or  establish 
such  highway  or  public  road  in  accordance  with  such  findings.  The 
proceedings  for  that  purpose  shall  be  in  accordance  with  the  provisions 
of  subdivision  VI  of  this  Act,  except  that  the  petition  mentioned  in 
section  75  shall  not  be  necessary  but  the  findings  and  certificate  of  said 
commission  shall  stand  in  lieu  of  such  petition:  Provided  however, 
that  the  State  Public  Utilities  Commission  shall  first  set  a  time  and 
place  for  a  hearing  on  such  reconstruction,  alteration,  relocation,  im- 


ROADS    AND   BK1DOES.  871 


provement  or  abolishment  of  such  crossing,  and  the  relocation,  diversion 

or  establishment  of  any  highway  or  public  road  thereunder,  and  a  rea- 
sonable notice  of  the  time  and  place  of  said  hearing  shall  first  be  given 
the  county  superintendent  of  highways  of  the  county  in  which  said 
public  highway  is  located,  and  the  highway  commissioner  having 
authority  over  such  highway,  at  which  hearing  said  highway  officials 
shall  have  the  right  to  be  heard,  before  a  decision  is  rendered  by  the  com- 
mission therein,  and  provided,  further,  that  the  commission  may  appor- 
tion all  costs  and  damages  arising  by  reason  of  the  relocation,  diversion 
or  establishment  of  such  public  highway  between  the  railway  company 
or  companies  and  other  public  utilities  affected,  or  between  such  com- 
pany or  companies  and  other  public  utilities  and  the  State,  county, 
municipality  or  other  public  authorities  in  interest,  as  provided  in  an 
Act  to  provide  for  the  regulation  of  public  utilities,  in  force  July  1, 
1914,  as  amended. 

§  84.  In  case  it  shall  appear,  either  from  the  certificate  of  the 
commissioner  or  county  superintendent  of  higliAvays,  the  affidavit  of  any 
person,  or  the  return  of  any  officer  to  whom  the  summons  may  be  de- 
livered for  service,  that  there  are  resident,  non-resident,  unknown  or 
absent  owners  who  cannot  be  found  and  served  within  the  county,  such 
justice  shall  also  cause  notice  to  be  delivered  to  the  occupant  of  such 
lands,  the  contents  and  nature  thereof  to  be  made  known  to  such 
occupant  and  also  to  be  posted  in  three  of  the  most  public  places  in  the 
vicinity  of  such  proposed  road  or  alterations,  at  least  ten  days,  before 
the  final  time  fixed  for  hearing  proof  of  damages,  stating  the  time  and 
place,  as  stated  in  the  summons,  and  describing  the  road  to  be  estab- 
lished or  altered,  and  the  lands  for  which  damages  are  to  be  assessed; 
and  in  case  service  is  made  upon  any  owner  by  posting  notices  as  above 
provided,  the  justice  shall  continue  said  hearing  for  a  period  not  ex- 
ceeding twelve  days. 

§  89.  When  an  appeal  is  taken  from  the  verdict  of  the  jury  called 
by  the  justice  of  the  peace  to  assess  damages  as  aforesaid,  and  when  the 
commissioners  of  highways  or  county  superintendent,  as  the  case  may 
be,  shall  be  unable  to  agree  with  the  owners  of  lands  in  regard  to  such 
damages,  then  all  proceedings  shall  cease  until  the  amount  of  damages  is 
settled  by  the  County  or  Circuit  Court  on  appeal  as  aforesaid. 

§  90.  AYithin  twenty  days  after  the  damages  likely  to  be  sustained 
by  reason  of  the  proposed  laying  out,  alteration,  widening  or  vacation  of 
any  road  shall  have  been  finally  ascertained,  either  by  agreement  of  the 
parties  or  by  trial  in  a  court  of  the  justice  of  the  peace,  or  on  appeal  to 
the  County  or  Circuit  Court,  or  within  twenty  days  after  such  damages 
may  have  been  released,  as  aforesaid,  the  commissioner  of- highways  or 
the  county  superintendent  of  highways,  as  the  case  may  be  shall  hold 
a  public  hearing  at  which  he  shall  hear  and  consider  reasons  for  or 
against  the  proposed  laying  out,  widening,  alteration  or  vacation  of 
such  road,  and  at  which  time  and  place  he  shall  publicly  announce  his 
final  decision  relative  thereto.  The  commissioner  [s]  of  highways  or  the 
county  superintendent  of  highways  as  the  case  may  be  shall  give  public 
notice  of  snch  public  hearing  by  posting  notices  thereof  in  at  least  ihree 


872  ROADS    AND   BRIDGES. 


of  the  most  public  places  in  the  town  or  district  in  the  vicinity  of  the 
road  for  at  least  five  days  prior  thereto.  At  such  time  and  place  the 
commissioner  of  highways,  or  the  county  superintendent  of  highways 
as  the  case  may  be,  shall  determine  upon  the  advisability  of  such  pro- 
posed laying  out,  widening,  alteration  or  vacation  of  such  road  and  shall 
make  an  order  for  the  same  and  shall  within  five  days  thereafter  file  such 
order  in  the  office  of  the  town  or  district  clerk. 

§  91.  In  case  such  final  order  was  entered  by  the  commissioner  of 
highways  as  provided  in  section  90  of  this  Act  finally  determining  the 
advisability  of  such  proposed  laying  out,  alteration,  vacation  or  widening 
of  any  road,  any  three  qualified  petitioners  who  may  have  signed  the 
petition  for  such  proposed  laying  out,  alteration,  vacation  or  widening, 
or  any  three  land  owners  residing  in  said  town  within  two  miles  of  any 
portion  of  such  road  proposed  to  be  laid  out,  altered,  vacated  or  widened, 
or  any  jnerson  interested  therein,  may  appeal  to  the  county  superin- 
tendent of  highways  by  filing  a  notice  of  such  appeal  in  the  office  of  the 
town  or  district  clerk  within  ten  days  of  the  date  of  filing  the  decision 
appealed  from.  Thereupon  such  clerk  shall  at  once  transmit  all  papers 
relating  to  such  proposed  laying  out,  alteration,  vacation  or  widening  of 
such  road  to  the  county  superintendent  of  highways,  who  shall  within 
twenty  days  after  the  recipt  of  the  same,  hold  a  public  hearing  within 
such  town  or  district  to  finally  determine  upon  the  laying  (upon  the 
laying)  out,  vacation,  widening  or  alteration  of  such  road.  Such 
hearing  shall  he  upon  such  notice  and  conducted  in  like  manner  as  the 
hearing  before  the  commissioner  of  highways  relative  to  such  final  de- 
cision and  from  which  appeal  has  been  taken.  The  final  order  of  the 
county  superintendent  of  highways,  relative  to  such  proposed  laying  out, 
alteration,  widening  or  vacation  of  such  roads  shall  be  filed  with  the 
town  or  district  clerk  within  five  days  from  the  date  of  such  public 
hearing. 

§  95.  All  roads  laid  out  as  herein  provided  shall  be  opened  within 
two  years  from  the  time  of  laying  out  the  same.  If  the  damages  result- 
ing from  the  establishing  of  such  roads  shall  not  be  paid  within  ninety 
days  from  the  time  the  money  is  in  the  hands  of  the  treasurer  of  the 
road  and  bridge  fund  to  pay  the  same,  such  new  roads  shall  be  deemed 
to  be  vacated. 

§  97.  When  any  road  has  been  finally  laid  out,  altered  or  widened 
according  to  the  provisions  of  this  Act,  the  owners  of  such  lands  taken 
shall  have  a  reasonable  time,  not  exceeding  eight  months,  to  be  desig- 
nated by  the  commissioner  of  highways  to  harvest  crops  which  may  be 
on  such  lands  before  such  road  shall  be  opened,  provided  hoivever  that 
if  the  damages  to  crops  have  been  included  in  the  total  damages  finally 
allowed  or  awarded  then  the  commissioner  of  highways  may  enter  upon 
said  premises  at  once  for  the  purpose  of  opening  said  road,  provided 
further  that  if  there  are  fences  on  said  land  taken,  he  shall  first  give 
notice  to  remove  said  fences  as  provided  in  section  96  of  this  Act. 

§  98.  Eoads  for  private  and  public  use  may  be  laid  out  from  one 
or  more  dwellings  or  plantations  to  any  public  road,  or  from  one  public 
road  to  another,  or  from  one  or  more  lots  of  land  to  a  public  road  or 


ROADS    AND   BRIDGES.  873 


from  one  or  more  lots  of  land  to  a  public  waterway,  on  petition  to  the 
commissioner  by  any  person  directly  interested.  Upon  receiving  such 
petition,  proceedings  shall  be  had  respecting  the  laying  out  of  such  road 
as  in  the  case  of  public  roads.  In  case  the  commissioner  of  highways 
or  upon  appeal,  the  county  superintendent  of  highways  shall  enter  a 
preliminary  order  for  the  laying  out  of  such  road,  the  said  highway 
officer  or  officers  making  such  preliminary  order  shall,  if  possible,  and 
the  parties  are  competent  to  contract,  agree  upon  the  total  amount  of 
damages,  together  with  the  portion  thereof  to  be  paid  by  the  town  or 
district,  if  any,  as  well  as  by  each  of  the  land  owners  benefited  by  such 
private  road.  In  case  such  damages  cannot  be  determined  or  appor- 
tioned by  agreement,  the  same  shall  be  fixed  as  in  the  case  of  public 
roads.  The  amount  of  such  damages  shall  be  paid  by  the  person 
benefited  thereby,  to  the  extent  and  in  proportion  that  they  are  benefited 
as  determined  and  declared  by  the  court.  The  remainder  of  the  amount 
of  damages,  over  and  above  that  to  be  paid  by  the  parties  aforesaid,  if 
any,  shall  be  paid  by  the  town  or  district  as  in  other  cases.  The  amount 
of  damages  to  be  paid  by  individuals  shall  be  paid  to  the  parties  entitled 
thereto,  before  the  road  shall  be  opened  for  use.  In  all  other  respects 
the  provisions  of  this  Act  relative  to  the  opening,  vacation,  alteration  or 
widening  of  public  roads  shall  be  applicable  also  to  the  laying  out, 
alteration,  widening  or  vacation  of  private  roads:  Provided  that  the 
cost  of  the  construction  of  the  roadway,  bridges  and  culverts  and  the 
maintenance  thereof  shall  be  borne  by  the  parties  paying  for  said  road. 
Approved  June  30,  1919. 

BONDS  FOR  ROAD  PURPOSES. 

§    !.     Amends   section   112,   Act  of  1913.        §   2.     Emergency. 

§  112.  Petition  for  election — 
form  of  ballot — des- 
cription   of    bonds. 

(House  Bill  No.   611.     Approved  June  21,   1919.) 

An  Act  to  amend  section  112  of  an  Act  entitled:  "An  Act  to  revise 
the  law  in  relation  to  roads  and  bridges,"  approved  June  21 ' ,  1913, 
in  force  Jitly  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  112  of  an  Act 
entitled  "An  Act  to  revise  the  law  in  relation  to  road  and  bridges,"  ap- 
proved June  27,  1913,  in  force  July  1.  1913,  as  amended,  to  read  as 
follows : 

§  112.  On  the  petition  of  one  hundred  of  the  freeholders  of  any 
town  or  district,  (or  where  there  may  be  less  than  two  hundred  such 
freeholders,  then  a  majority  of  them),  to  the  town  or  district  clerk, 
requesting  him,  when  giving  notice  of  the  time  and  place  for  holding 
the  next  annual  town  or  road  district  election,  to  give  notice  also  that 
a  vote  will  be  taken  at  said  election  on  the  question,  "Shall  bonds  for, 

road  purposes  be  issued  to  the  amount  of  $ ?"  such  clerk 

shall,  when  giving  notice  of  the  time  and  place  for  holding  the  next 
annual  town  or  road  district  election,  also  give  notice  that  a  vote  will 


874  ROADS    AND   BRIDGES. 


be  taken  at  said  election  on  said  question,  "Shall  bonds  for  road  pur- 
poses be  issued  to  the  amount  of  $ ?" 

If  in  any  such  petition  a  special  election  shall  be  requested  for 
such  purpose,  it  shall  be  called  as  follows: 

Upon  the  filing  of  such  petition  the  town  or  district  clerk  shall 
call  such  special  town  or  district  election,  by  posting  up  in  ten  of  the 
most  public  places  in  said  town  or  district,  at  least  ten  days  prior  to 
the  clay  fixed  for  said  special  town  or  district  election,  notices  of  such 
special  town  or  district  election,  which  notices  shall  state  the  filing  of 
said  petition,  the  time  and  place  of  said  special  election,  and  that  a 
vote  will  be  taken  at  said  election  on  the''  question,  "Shall  bonds  for 
road  purposes  be  issued  to  the  amount  of  $ ?" 

Such  special  election  shall  be  held  at  the  place  of  the  last  annual 
town  or  district  election  and  shall  be  conducted  and  returns  thereof  be 
made  in  the  same  manner  as  regular  annual  town  or  road  district  elec- 
tions. 

The  vote  at  such  regular  or  special  election  shall  invariably  be  by 
a  separate  ballot  and  shall  be  in  substantially  the  following  form : 


Shall  bonds  for   road  purposes  be  issued   to 
the  amount  of  $ ? 

Yes 

No 

And  if  it  shall  appear  that  a  majority  of  the  legal  voters  voting 
at  said  election  on  said  question  voted  in  favor  of  said  proposition,  the 
commissioners  of  highways  and  the  town  or  district  clerk,  as  the  case 
may  be,  shall  issue  (from  time  to  time  as  the  work  progresses)  a  suf- 
ficient amount,  in  the  aggregate,  of  the  bonds  of  said  town  or  district 
for  the  purpose  of  building  or  maintaining  roads,  or  for  the  purpose 
of  constructing  or  repairing  any  bridge  or  bridges,  or  for  the  purpose  of 
constructing  or  repairing  any  other  distinctive  work  on  the  road,  as 
the  case  may  be,  in  accordance  with  the  prayer  of  said  petition.  Said 
bonds  shall  be  of  such  denominations,  upon  such  time  and  bear  such 
rate  of  interest,  not  exceeding  five  per  cent,  and  be  disposed  of,  as  the 
necessities  and  conveniences  of  said  town  or  district  may  require:  Pro- 
vided, that  said  bonds  shall  not  be  sold  nor  disposed  of,  either  by  sale 
or  by  pa}anent  to  contractors  for  labor  or  materials,  for  less  than  their 
par  value,  and  that  such  bonds  shall  be  issued  in  not  more  than  ten 
annual  series,  the  first  series  of  which  shall  mature  not. more  than  five 
years  from  the  date  thereof,  and  each  succeeding  series  in  succeeding 
years  thereafter.  A  register  of  all  issues  of  said  bonds  shall  be  kept 
in  the  office  of  the  county  clerk  of  the  county  in  which  said  town  or 
district  is  located,  showing  the  date,  amount,  rate  of  interest,  maturity, 
and  the  purpose  for  which  said  bonds  were  issued,  which  information 
shall  be  furnished  to  the  county  clerk,  in  writing,  by  the  town  or  dis- 
trict clerk,  and  it  shall  be  the  duty  of  such  county  clerk  to  extend  an- 
nually against  the  property  in  said  town  or  road  district,  a  tax  suf- 
ficient to  pay  the  interest  of  said  bonds  in  each  year  prior  to  the  matur- 


ROADS    AND    BRIDGES.  875 


ity  of  such  first  series,  audi  thereafter  he  shall  exteud  a  tax  in  eacti 
year  sufficient  to  pay  each  series  as  it  matures,  together  with  interest 
thereon  and  with  the  interest  upon  the  unmatured  honds  outstanding. 
Such  bonds  may  he  lithographed  and  the  interest  for  each  year  evi- 
denced by  interest  coupons  thereto  attached,  which  coupons  shall  be 
signed  with  original  or  facsimile  signatures  by  the  same  officers  who 
executed  the  bonds :  Provided,  however,  that  the  amount,  including 
the  principal  and  interest  to  be  voted  upon,  shall  not  exceed  the 
amount  which  can  be  raised  during  a  period  of  five  years  by  a  levy 
of  one  dollar  per  year  on  each  one  hundred  dollars  of  taxable  property, 
as  taken  for  assessment  purposes  in  such  town  or  district;  the  proceeds 
of  said  bonds  to  be  paid  to  the  treasurer  of  such  funds  and  to  he  dis- 
bursed by  him  upon  the  order  of  the  commissioner  of  highways. 

§  2.  Whereas  an  emergency  exists,  this  Act  shall  be  in  full  force 
and  effect  from  and  after  the  date  of  its  passage  and  approval. 

Approved  June  21,  1919. 


COMMISSIONERS. 

§    1.     Amends   sections    133    and    134    of  §    134.     Material    for    con- 

Article  VII,   Act  of   1913.  structing     roads  — 

.   „.„       _,  .     .  eminent  domain. 

§  13  3.  Commissioners  may 
enter  lands  to  open 
ditches,  etc.  —  when 
owners  will  not 
consent  —  proceed- 
ings. 

(House  Bill  No.    397.     Approved  June   30,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation* 
to  roads  and  bridges/'  approved  June,  27,  1913,  in  force  July  1,  1913, 
as  subsequently  amended,  by  amending],  sections  133  and  13k  of 
Article  VII  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  roads  and  bridges,"  approved  June  27, 
1913,  in  force  July  1,  1913,  as  subsequently  amended,  be  and  the  same 
is  hereby  amended  by  amending  sections  133  and  134  of  Article  VII 
to  read  as  follows: 

§  133.  The  highway  commissioners  of  the  towns  and  road  dis- 
tricts are  hereby  authorized  to  enter  upon  any  land  adjacent  to  any 
highway  in  their  respective  towns  or  districts  for  the  purpose  of  open- 
ing any  ditch,  whenever  it  shall  be  necessary  to  open  a  water  course 
to  or  from  any  highway  to  or  from  the  natural  water  course;  and  to 
dig,  open  and  clean  ditches  upon  said  land  for  the  purpose  of  carrying 
off  the  water  from  said  highways;  or  to  drain  any  slough  or  pond 
on  said  highways,  or  to  provide  a  more  direct  water  course  through  or 
adjacent  to  a  bridge  or  culvert;  provided,  that  unless  the  owner  of 
such  land,  or  his  agents,  shall  first  consent  to  the  cutting  of  such  ditches, 
the  commissioners  shall  apply  to  any  justice  of  the  peace  of  the  county 
in  which  such  road  is  situated  for  a  summons,  directed  to  any  con- 
stable of  said  county,  commanding  him  to  summon  the  said  owner  to 
appear  before  the  said  justice,  at  a  time  and  place  specified  in  such 


876  ROADS    AND   BRIDGES. 


summons,  not  less  than  live  or  more  than  fifteen  days  from  the  date 
thereof,  for  the  purpose  of  having  the  damages  assessed  which  such 
owner  may  sustain  by  reason  of  the  digging  or  opening  of  such  ditches 
or  drains.  The  said  summons  shall  be  under  the  hand  of  such  justice 
and  be  served  in  the  same  manner  as  summons  are  now  served  in  civil 
actions  before  justices  of  the  peace.  On  the  return  of  such  summons, 
a  venire  shall  be  issued  for  a  jury,  as  in1  other  cases  in  the  trial  of 
civil  actions  before  justices  of  the  peace,  which  jury  shall  assess  such 
damages  and  render  a  verdict  therefor.  Whereupon  judgment  shall  be 
entered  by  the  justice  in  accordance  with  the  verdict.  If  either  party 
shall  feel  aggrieved  by  such  judgment,  an  appeal  may  be  taken  as  in 
other  cases:  Provided,  bond  is  filed  within  five  days  from  the  time  of 
entering  of  the  judgment.  If  no  appeal  is  perfected  within  five  days 
the  amounts  so  awarded  shall  be  paid  before  the  commissioner  of  high- 
ways shall  be  warranted  and  empowered  to  enter  upon  such  lands  and 
dig,  open  and  clean  such  drains,  ditches  and  water  courses  as  aforesaid 
for  the  purposes  contemplated  in  this  Act.  The  commissioner  is  author- 
ized to  use  the  poll  tax  and  road  money  of  his  town  or  district  for  the 
payment  of  such  judgment :  Provided,  that  no  more  than  one-half  of 
such  jury  shall  be  residents  of  the  town  or  district  which  is  liable  to 
pay  the  damages :  Provided,  further,  that  in  case  the  owner  of  said 
lands  is  a  non-resident,  service  may  be  had  by  leaving  a  copy  with  the 
occupant  or  agent  or  by  notice  in  the  same  manner  as  prescribed  in 
section  84  of  this  Act. 

§  134.  The  Department  of  Public  Works  and  Buildings,  the 
Chief  Highway  Engineer,  the  county  superintendent  of  highways  and 
the  commissioner  of  highways  of  any  town  or  district,  for  the  purpose 
of  constructing,  maintaining  or  repairing  gravel,  rock  or  other  roads, 
or  for  constructing  bridges  and  culverts,  and  for  procuring  material 
therefor,  may  enter  upon  lands  of  others,  doing  no  more  damage  than 
the  necessity  of  the  case  may  require,  and  take  therefrom  such  material 
as  is  necessary  for  the  construction  or  repair  of  said  roads,  bridges 
or  culverts:  Provided,  that  such  Department  of  Public  Works  and 
Buildings,  Chief  Highway  Engineer,  county  superintendent  or  com- 
missioner of  highways,  their  employees  or  teams  shall  not  enter  upon 
such  lands  for  the  purpose  stated  in  this  Act  without  having  paid  or 
tendered  the  amount  of  damages  allowed  or  agreed  upon:  And,  pro- 
vided, further,  if  such  Department  of  Public  Works  and  Buildings, 
Chief  Highway  Engineer,  county  superintendent  of  highways  or  com- 
missioner of  highways  and  the  party  or  parties  owning  or  controlling 
the  lands  to  be  entered  upon,  or  from  which  material  is  to  be  taken, 
can  not  agree  as  to  the  amount  of  damage  or  value  of  such  material, 
that  the  amount  of  damage  shall  be  determined  as  provided  for  in  the 
law  for  exercising  the  right  of  eminent  domain. 

Approved  June  30,  1919. 


ROADS    AND    BRIDGES. 


877 


CONSTRUCTION. 


§  1.  Amends  sections  35,  30.  37,  38,  39, 
63,  64,  65,  66,  67,  68.  69,  70,  71 
«ind   138,   Act  of   1913. 

S  35.  Aid  from  county 
board — letting  con- 
tracts. 

§  36.  Bridges  built  by  two 
counties. 

§  37.  Contracts  by  commis- 
sioners of  adjoining 
counties. 

§  38.  Earth  approaches  to 
bridges  at  or  near 
county   lines. 

§  39.  Suit  on  joint  con- 
tract. 

§  63.  Bridges  or  culverts 
built  by  two  towns 
or   road   districts. 

§  64.  Contracts  by  commis- 
sioners of  adjoin- 
ing towns  or  dis- 
tricts. 


§      66. 


§      67. 


When  commissioners 
of  adjoining  towns 
or  districts  refuse 
to  make  appropria- 
tion, court  shall 
issue   order. 


Suit     on 
tract. 


joint     con- 


§  68.  Contracts  of  single 
town  or  district. 

§  69.  Contracts  for  im- 
provements to  be 
constructed  by  two 
towns    or    districts. 

§  70.  Contractor  to  furnish 
bond. 

§  71.  When  contracts  made 
payable. 

§  138.  Capacity  of  bridges 
and  culverts — pen- 
alty for  violation  of 
provisions. 


§  65.  Earth  approaches  to 
bridges  on  or  near 
town  or  district 
lines. 

(House  Bill  No.   371.     Approved  June  30,   1919.) 

An  Act  to  amend  sections  35,  36,  31,  38,  39,  63,  61f,  65,  66,  67,  68,  69, 
70,  71,  and  138  of  an  Act  entitled:  "An  Act  to  revise  the  law  in  rela- 
tion to  roads  and  bridges/'  approved  June  27,  1913,  in  force  July  1, 
1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  35,  36,  37,  38,  39,  63, 
64,  65,  66,  67,  68,  69,  70,  71  and  138  of  an  Act  entitled:  "An  Act  to 
revise  the  law  in  relation  to  roads  and  bridges,"  approved  Jnne  27,  1913, 
in  force  July  1,  1913,  as  amended,  are  amended  to  read  as  follows: 

§  35.  When  it  is  necessary  to  construct  or  repair  any  bridge  or 
bridges  over  a  stream,  or  any  approach  or  approaches  thereto,  by  means 
of  an  embankment  or  trestle  work  on  a  public  road,  in  any  town,  dis- 
trict or  city  or  village  of  less  than  fifteen  thousand  (15,000)  population 
or  on  or  near  to  or  across  a  town,  district  or  such  city  or  village  line,  in 
which  work  the  town,  district  or  such  city  or  village  is  wholly  or  in  part 
responsible,  and  the  cost  of  which  will  be  more  than  eight  cents  on  the 
one  hundred  dollars  on  the  latest  assessment  roll,  and  the  levy  of  the 
road  and  bridge  tax  for  two  (2)  years  last  past  in  said  town  or  district 
was  in  each  year  not  less  than  the  sum  of  sixty-six  cents  on  the  one 
hundred  dollars  on  the  latest  assessment  roll  for  all  road  and  bridge 
purposes  as  provided  for  in  section  56  of  this  Act,  the  major  part  of 
which  levy  is  needed  for  the  ordinary  repair  of  the  roads  and  bridges,  or 
in  such  cities  and  villages  where  the  levy  for  corporate  purposes  was  for 
two  years  last  past  in  said  city  or  village  for  the  full  amount  allowed 
by  law  to  be  raised  therein  for  such  corporate  purposes,  the  commis- 


878  EOADS    AND   BRIDGES. 


sioner  of  highways,,  the  city  council  or  the  village  board  of  trustees  may 
petition  the  county  board  for  aid,  and  if  the  foregoing  facts  shall  appear, 
the  county  board  shall  appropriate  from  the  county  treasury  a  sufficient 
sum  to  meet  one-half  (y2)  of  the  expenses  of  said  bridge  or  other  work, 
on  condition  the  town  or  district,  city  or  village  asking  aid  shall  furnish 
the  other  half  of  the  required  amount. 

When  it  is  determined  by  the  county  board  to  grant  the  prayer  of 
the  highway  commissioner,  city  council  or  village  board  of  trustees 
asking  aid  for  the  construction  of  such  bridge  or  other  expensive  work, 
the  county  board  shall  thereupon  enter  an  order  directing  the  county 
superintendent  of  highways  to  prepare  plans  and  specifications  for  such 
improvement.  The  contract  for  such  improvement  shall  thereupon  be 
let  in  the  manner  authorized  by  said  county  board,  subject  to  the  pro- 
visions of  the  law  relating  to  the  letting  of  contracts :  Provided,  how- 
ever when  the  cost  of  the  work  is  less  than  one  thousand  dollars  no 
county,  town,  road  district,  city  or  village  shall  be  liable  for  any  part 
of  such  expense  or  compelled  to  pay  any  part  of  its  appropriation  for 
such  purpose  nntil  all  of  the  work  has  been  fully  completed  and  accepted 
by  the  county  superintendent  of  highways^  and  such  acceptance  properly 
certified  to  by  said  officer  and  presented  to  the  county  board  at  a  meeting 
held  after  the  completion  of  said  work,  which  certificate  shall  contain 
an  itemized  account  of  the  expenditures;  and  a  copy  thereof  shall  also 
be  filed  with  the  town,  district,  city  or  village  clerk,  as  the  case  may  be. 

In  case  the  cost  of  the  work  is  more  than  one  thousand  dollars, 
partial  payments  not  oftener  than  once  a  month  and  not  to  exceed  ninety 
per  centum  of  the  work  actually  completed  may  be  paid  the  contractor 
on  his  contract  by  the  county,  town,  road  district,  city  or  village  as  the 
case  may  be;  provided  however  that  no  partial  payment  shall  be  made 
unless  approved  by  the  county  superintendent  of  highways,  and  pro- 
vided further  that  the  partial  payments  shall  in  no  way  be  deemed  an 
acceptance  of  the  work  until  the  same  has  been  fully  completed  and 
accepted  by  the  county  superintendent  of  highways  and  such  acceptance 
properly  certified  as  provided  in  this  section. 

§  36.  Bridges  or  culverts  on  roads  on  county  lines,  and  bridges 
or  culverts  on  roads  within  eighty  rods  of  county  lines  shall  be  built 
and  repaired  by  such  counties  and  the  expense  of  such  construction  and 
repair  shall  be  borne  in  proportion  to  the  assessed  value  of  the  property, 
real  and  personal,  in  the  respective  counties,  according  to  the  last  pre- 
ceding equalized  assessment  thereof  prior  to  such  construction  or  repair. 

And  when  any  county  desires  to  construct  or  repair  any  such 
bridge  or  culvert,  and  has  appropriated  its  share  of  the  cost  of  con- 
structing or  repairing  the  same,  it  shall  be  the  duty  of  such  other  county 
to  make  an  appropriation  for  its  proportionate  share  of  the  expense  of 
such  construction  or  repair;  and  if  such  other  county  fails  or  refuses 
to  make  such  appropriation,  any  court  of  competent  jurisdiction,  upon 
a  proper  petition  for  that  purpose,  shall  issue  an  order  to  compel  such 
other  county  to  make  such  appropriation. 

§  37.  For  the  purpose  of  building  or  keeping  in  repair  such  bridges 
and  culverts,  it  shall  be  lawful  for  the  county  boards  of  such  adjoining 


IiOADS    AND    BRIDGES.  879 


counties,  to  enter  into  joint  contracts,  for  a  division  of  cost  other  than 
that  provided  in  section  36  which  may  he  just  and  equitable,  and  such 
contracts  may  be  enforced  in  law  or  equity  against  such  county  boards, 
and  such  county  boards  may  be  proceeded  against  jointly,  by  any  pa 
interested  in  such  bridges  or  culverts  for  any  neglectof  duty  in  reference 
to  such  bridges  or  culverts,  for  any  damages  growing  out  of  such  neglect. 

§  38.  Earth  approaches  to  all  bridges  and  culverts  built  and  con- 
structed under  and  by  virtue  of  the  three  preceding  sections,  shall  be 
built,  constructed  and  maintained  by  the  respective  counties  within 
which  such  approach  or  approaches  may  be  located,  and  all  earth  ap- 
proaches to  any  and  all  such  bridges  and  culverts  as  have  heretofon 
built  and  constructed. 

§  39.  If  the  county  board  of  any  such  county,  after  reasonable 
notice  in  writing  from  such  other  county  board  shall  neglect  or  refuse 
to  build  or  repair  any  such  bridge  or  culvert  when  any  contract  or 
agreement  covering  the  division  of  cost  has  been  made  in  regard  to  the 
same,  it  shall  be  lawful  for  the  county  board  so  giving  notice  to  build 
or  repair  the  same,  to  recover,  by  suit,  such  amount  as  shall  have  been 
agreed  upon  of  the  expense  of  so  building  or  repairing  such  bridge  or 
culvert,  with  costs  of  suit  and  interest  from  the  time  of  the  completion 
thereof,  from  the  county  board  so  neglecting  or  refusing. 

§  63.  Bridges  or  culverts  on  roads  on  town  or  road  district  lines 
which  are  not  also  county  lines  shall  be  built  and  repaired  by  such  towns 
or  road  districts  and  the  expense  of  such  construction  and  repair  shall  be 
borne  in  proportion  to  the  assessed  value  of  the  property,  real  and  per- 
sonal, in  the  respective  towns  or  road  districts  according  to  the  last 
preceding  equalized  assessment  thereof  prior  to  such  construction  or 
repair. 

§  64.  For  the  purpose  of  building  or  keeping  in  repair  such  bridges 
or  culverts,  it  shall  be  lawful  for  the  commissioners  of  such  adjoining 
towns,  or  districts,  to  enter  into  joint  contracts,  which  may  provide  for 
any  just  and  equitable  division  of  cost  other  than  that  provided  in  sec- 
tion 63,  and  such  contracts  may  be  enforced  in  law  or  equity  against 
such  commissioners  jointly,  the  same  as  if  entered  into  by  individuals, 
and  such  commissioners  may  be  proceeded  against  jointly  by  any  parties 
interested  in  such  bridges  or  culverts,  for  any  neglect  of  duty  in 
reference  to  such  bridges  or  culverts,  or  for  any  damage  growing  out  of 
such  neglect. 

§  65.  Earth  approaches  to  all  bridges  and  culverts  built  and  con- 
structed under  and  by  virtue  of  the  two  preceding  sections,  shall  be 
built,  constructed  and  maintained  by  the  respective  towns  or  districts 
within  which  such  approach  or  approaches  may  be  located,  and  all  earth 
approaches  to  any  and  all  such  bridges  and  culverts,  as  have  heretofore 
been  built  and  constructed  jointly  by  tAvo  or  more  districts  or  towns 
shall  be  maintained  by  the  respective  districts  or  towns  within  which 
such  approach  or  approaches  are  now  located. 

§  66.  When  any  town  or  road  district  desires  to  construct  or  repair 
any  such  bridge  or  culvert,  and  has  appropriated  its  share  of  the  cost 
of  constructing  or  repairing  the  same  it  shall  be  the  duty  of  such  other 


880  EOADS    AND    BRIDGES. 


town  or  road  district  to  make  an  appropriation  for  its  proportionate 
share  of  the  expense  of  such  construction  or  repair;  and  if  such  other 
town  or  road  district  fails  or  refuses  to  make  such  appropriation  any 
court  of  competent  juris  diction;,  upon  a  proper  petition  for  that  purpose, 
shall  issue  an  order  "to  compel  such  other  town  or  road  district  to  make 
such  approjjriation. 

§  67.  If  the  commissioner  of  either  of  such  towns  or  districts, 
after  reasonable  notice  in  writing  from  the  commissioner  of  any  other 
such  town  or  district,  shall  neglect  or  refuse  to  build  or  repair  any  such 
bridge  or  culvert,  it  shall  be  lawful  for  the  commissioner  so  giving 
notice,  after  building  or  repairing  the  same,  to  recover  by  suit  such 
amount  as  may  have  been  contracted  for  in  accordance  with  section  64 
of  this  Act,  of  the  expense  of  so  building  or  repairing  such  bridge  or 
culvert  together  with  costs  of  suit  and  interest  from  the  time  of  com- 
pletion thereof,  from  the  town  or  district  so  neglecting  or  refusing. 

§  68.  The  commissioner  of  highways  in  each  town  or  district  is 
hereby  authorized  to  contract  for  the  construction  and  repairing  of 
roads  and  bridges  lying  wholly  within  the  limits  of  his  town  or  district. 
When  any  such  contract  or  other  expenditure  shall  be  for  a  sum  in  excess 
of  $200.00,  the  said  commissioner  shall  not  let  or  make  any  payment  on 
the  same  without  the  approval  of  the  county  superintendent  of  high- 
ways. The  county  superintendent  shall  keep  a  record  of  all  payments 
approved  by  him. 

§  69.  Contracts  for  constructing  and  repairing  roads  and  bridges 
on  town  or  district  lines  shall  be  let  by  the  commissioners  of  the  two 
towns  or  districts  who  shall  meet  and  act  together  when  taking  action 
upon  the  letting  of  such  contracts  for  the  construction  or  repair  of  such 
roads  and  bridges,  or  acceptance  of  the  work.  When  such  contracts 
are  for  the  expenditure  of  a  sum  exceeding  $200.00  they  shall  not  let 
a  contract  or  make  any  payment  for  the  same  without  the  approval  of 
the  county  superintendent  as  provided  in  the  preceding  section. 

§  70.  No  contract  so  made  shall  be  considered  as  let  unless  the 
contractor  shall,  within  fifteen  days  after  the  final  award  of  the  same, 
enter  into  contract  and  file  a  bond  with  good  and  sufficient  sureties 
with  the  commissioner,  in  the  penal  sum  at  least  equal  to  the  amount 
of  the  contract,  payable  to  the  commissioner  of  the  town  .or  district, 
upon  failure  to  comply  with  the  conditions  of  his  or'  their  contract. 

§  71.  All  final  payments  on  contracts  for  the  construction  or 
repair  of  roads,  or  building  or  repairing  bridges  or  culverts  shall  be 
made  payable  as  soon  as  the  work  on  said  contract  is  completed  and 
accepted  by  the  commissioner  of  highways,  and  the  countv  superinten- 
dent of  highways. 

§  138.  It  shall  be  unlawful  hereafter  to  construct  any  bridge  or 
culvert  upon  any  ravine,  creek,  drainage  ditch  or  river  upon  a  public 
highway  or  street  in  any  town,  county  or  city  in  this  State  unless  such 
bridge  or  culvert  shall  have  the  capacity  of  sustaining  highway  traffic 
with  safety. 

Any  person  who  shall  violate  the  provisions  of  this  section  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not 
to  exceed  $200.00,  and  the  fact  that  any  such  bridge  or  culvert  does 


ROADS    AND   BRIDGES.  881 


not  conform  with  the  specifications  of  the  Department  of  Public  Works 
and  Buildings  in  effect  at  the  time  when  the  contract  for  such   bridge 

or  culvert  shall  have  been  let,  shall  be  prima  facie  evidence  that  the 
bridge  or  culvert  does  not  have  the  capacity  of  sustaining  highway 
traffic  with  safety. 

Approved  June  30,  1919. 


COUNTIES   NOT  UNDER   TOWNSHIP   ORGANIZATION. 

S    1.     Amends  section  41,  Act  of  1913.  §    41.     Division    into    districts — 

corporate  name  —  ca- 
pacity —  alteration  of 
boundaries  and  crea- 
tion of   new   districts. 

(House   Bill   No.    283.     Approved   June   30.    1919.) 

An  Act  to  amend  section  J/.1  of  an  Act  entitled:  "An  Act  to  revise  the 
law  in  relation  to  roads  and  bridges/'  approved  June  27,  1913,  in 
force  July  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois, 
represented  in  the  General  Assembly:  That  section  41  of  an  Act  entitled : 
"An  Act  to  revise  the  law  in  relation  to  roads  and  bridges,"  approved 
June  27,  1913,  in  force  July  1,  1913,  as  amended,  is  amended  to  read 
as  follows : 

§  41.  Counties  not  under  township  organization — division 
into  distrcts.]  Counties  not  under  township  organization  shall  be 
divided  into  road  districts  by  the  county  board  thereof,  in  the  manner 
hereinafter  set  forth.  All  road  districts,  where  it  is  practicable,  shall 
be  composed  of  territory  not  less  than  a  congressional  township.  Frac- 
tional or  whole  townships  may  be  added  to  other  fractional  or  whole 
townships.    The  districts  so  formed  shall  be  designated  by  some  number. 

(1)  Counties  already  divided  into  districts.]  In  counties 
not  under  township  organization,  wherein  road  districts  are  already 
now  laid  out  and  established  under  the  provisions  of  an  Act  approved 
May  4,  1887,  in  force  July  1,  1887,  entitled,  "An  Act  to  provide  for 
the  organization  of  road  districts,  the  election  and  duties  of  officers 
therein,  and  in  regard  to  roads  and  bridges,  in  counties  not  under  town- 
ship organization,  and  to  repeal  an  Act  and  parts  of  Acts  therein 
named,"  the  road  districts  already  laid  out  therein  by  the  county  boards 
thereof  shall  be  continued  in  existence,  unless  the  same  shall  be  altered 
in  the  manner  hereinafter  set  forth:  Provided,  however,  that  all  in- 
corporated cities,  towns  and  villages  which  have  heretofore  been  ex- 
cluded from  road  districts  in  such  counties  shall  hereafter  be  included 
therein,  and  in  all  cases  where  necessary  therefor,  the  county  boards 
of  such  counties  shall  make  provision  to  create  such  city,  town  or  vil- 
lage into  a  road  district,  or  to  make  it  a  part  of  some  road  district 
already  formed. 

(2)  Counties  not  already  so  divided.]  In  all  counties  not 
under  township  organization,  and  operating  under  the  provisions  of  an 
Act  approved  May  10,  1901,  entitled,  "An  Act  in  regard  to  roads  and 
bridges,   and   to  provide  for  the   adoption  of  the  same."  and   wherein 

—56  L 


882  Roads  and  bridges. 


road  districts  are  riot  already  laid  out  and  established,  it  shall  be  the 
duty  of  the  county  board  thereof,  at  their  first  session  after  this  Act  shall 
be  in  force  and  effect,  to  divide  such  counties  into  road  districts,  as 
provided  herein. 

(3)  Corporate  name  of  district.]     The  corporate  name  of  each 

district  shall  be  "Road  District  jn~o ,"  and  all  actions  by  or 

against  such  district  shall  be  in  its  corporate  name. 

(4)  Corporate  capacity  of  district.]  Every  district  so  organ- 
ized shall  have  corporate  capacity  to  exercise  the  powers  granted  thereto, 
or  necessarily  implied  and  no  others.  It  shall  have  power:  (1)  To 
sue  and  be  sued.  (2)  To  acquire  by  purchase,  gift  or  devise,  and  to 
hold  property,  both  real  and  personal,  for  the  use  of  its  inhabitants, 
and  again  to  sell  and  convey  the  same.  (3)  To  make  all  such  con- 
tracts as  may  be  necessary  in  the  exercise  of  the  powers  of  the  district. 

(5)  Alteration  of  boundaries  and  creation  of  new 
road  districts.]  The  board  of  county  commissioners  of  each  county 
shall  have  full  and  complete  power  and  jurisdiction  to  alter  the  boundaries 
of  road  districts,  to  change  road  district  lines  and  create  new  road  dis- 
tricts in  their  respective  counties  to  suit  the  convenience  of  the  in- 
habitants residing  therein,  but  no  such  change  shall  be  made  or  new 
road  district  created  under  the  provisions  of  this  Act  unless  at  least 
twenty  of  the  legal  voters  of  such  road  district  shall  petition  for  such 
alteration,  change  or  creation  of  new  road  district ;  nor  shall  such  alter- 
ation, change  or  creation  of  new  road  district  be  made  by  such  board 
of  county  commissioners  without  notice  thereof  having  been  given  by 
posting  up  notices  in  not  less  than  five  of  the  most  public  places  in 
each  of  the  several  towns  or  road  districts  interested  in  such  proposed 
alterations,  changes  or  creation  of  new  road  districts. 

Approved  June  30,  1919. 


highway  to  public  perry. 

§   1.     Adds  section  38a.   Act  of  1913.  §   38a.  Highway    may    be    built 

by  adjoining  counties, 
etc.  —  county  boards 
may  enter  into  con- 
tract. 

(Senate  Bill  No.   295.     Approved  June  16,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 

to  roads  and  bridges/'  approved  June  21 ,,  1913,  in  force  July  1,  1913, 

as  amended,  by  adding  thereto  a  section,  to  be  known  as  section  38a. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     An  Act  entitled,  "An  Act  to 

revise  the  law  in  relation  to  roads  and  bridges",  approved  June  27, 

1913,  in  force  July  1,  1913,  as  amended,  is  amended  by  adding  thereto 

a  section,  to  be  known  as  section  38a,  to  read  as  follows : 

§  38a.  When  a  highway  leading  to  a  public  ferry  over  a  river 
which  is  the  boundary  line  between  two  counties,  is  subject  to  inunda- 
tion and  flood  damage,  such  highway  in  either  or  both  of  such  counties 
may  be  built,  repaired  or  maintained  by  the  adjoining  counties,  or 
either  of  them,  or  may  be  partly  built,  repaired  or  maintained  by  both 
or  either  of  such  counties. 


HOADS    AND    BRIDGES.  883 


It  shall  be  lawful  for  the  county  boards  of  such  adjoining  counties 
to  enter  into  contract  as  to  the  proportion  of  the  expense  of  construc- 
tion, repair  or  maintenance  to  be  borne  by  each,  and  such  contracts  -ball 
be  enforceable  at  law  or  equity;  or  either  county  may  construct  or 
maintain,  or  assist  in  the  construction  and  maintenance  of  such  high- 
way in  either  or  both  counties. 

Approved  June  16,  1919. 


OBSTRUCTIONS  AND   SIGNS. 

§    1.     Amends  section  145a,  Act  of  1913.  §    145a.  Removal  of  obstructions 

— erection  and  main- 
tenance of  sign3  — 
penalty — petition  for 
release. 

(Senate  Bill  No.  375.    Approved  June  30,  1919.) 

An  Act  to  amend  section  llfda  of  an  Act  entitled,  "An  Act  to  revise  the 
law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913,  in 
force  July  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Section  145a  of  an  Act  en- 
titled, "An  Act  to  revise  the  law  in  relation  to  roads  and  bridges/' 
approved  June  27,  1913,  in  force  July  1,  1913,  as  amended,  is  amended 
to  read  as  follows: 

§  145a.  At  all  grade  crossings  of  public  highways  over  railroads 
outside  the  corporate  limits  of  any  city  or  village,  the  highway  commis- 
sioners shall  remove,  or  cause  to  be  removed  from  the  highways  all 
removable  obstructions  to  view  of  such  grade  crossings,  such  as  brush 
and  shrubbery,  and  trim,  or  cause  to  be  trimmed,  all  hedges  and  trees 
upon  the  highway  for  a  distance  of  not  less  than  three  hundred  (300) 
feet  from  each  side  of  such  crossings. 

It  shall  be  the  duty  of  the  highway  commissioners  to  erect  and 
maintain  such  signs  as  the  Public  Utilities  Commission  may  prescribe 
alongside  the  roadway  on  the  highway  at  a  distance  of  three  hundred 
(300)  feet  on  either  side  from  every  grade  crossing  located  in  the 
various  townships  or  road  districts  of  the  State,  designed  as  "extra 
hazardous"  by  the  Public  Utilities  Commission.  Such  signs  shall  be 
erected  upon  a  substantial  post  or  pedestal  at  a  height  of  approximately 
five  (5)  feet  above  the  level  of  the  highway  at  the  point  where  such 
sign  is  located.  No  advertising  or  other  signs  shall  be  placed  upon  the 
highway  or  upon  the  railroad  right-of-way  within  fifty  (50)  feet  of  any 
signs  required  by  law  to  be  placed  at  or  near  grade  crossings. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  place,  or 
to  cause  to  be  placed,  any  sign  at  a  public  highway  within  a  distance  of 
three  hundred  (300)  feet  of  any  grade  crossing,  except  signs  or  signals 
required  by  law  or  the  Public  Utilities  Commission  for  the  protection 
of  such  crossings. 

Any  person  who  unlawfully  removes,  throws  down,  injures  or  de- 
faces any  signs  required  by  law  to  be  maintained  at  or  near  any  rail- 
road crossings  on  the  public  highway,  shall  be  liable  to  a  fine  of  not 


884  ROADS    AND   BRIDGES. 


less  than  ten  dollars  {§10)  nor  more  than  one  hundred  dollars  ($100) 
for  each  offense. 

If,  in  the  case  of  any  such  crossing  it  appears  that  the  presence  of 
such  signs  is  unnecessary,  the  Public  Utilities  Commission,  on  petition 
of  the  highway  commissioners  of  the  township  or  road  district  in  which 
such  crossing  is  situated,  may  release  such  township  or  road  district  of 
the  obligation  of  placing  or  maintaining  such  signs  on  the  highway  near 
such  crossing. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  place, 
or  to  cause  to  be  placed,  any  sign  or  billboard  on  a  public  highway  within 
fifty  (50)  feet  of  any  post  or  guide-board,  erected  in  accordance  with 
the  provisions  of  this  Act,  and  it  shall  be  unlawful  for  any  person,  firm 
or  corporation  to  place  or  cause  to  be  placed  any  sign  or  bill  board  or 
any  advertising  of  any  kind  or  description  about  or  upon  any  Federal  aid 
road  or  State  aid  road  within  the  State  other  than  such  as  may  be 
directed  by  the  Department  of  Public  Works  and  Buildings.  And  any 
person,  firm  or  corporation  who  shall  violate  any  of  the  provisions  of  this 
Act  shall  be  liable  to  a  fine  of  not  less  than  ten  dollars  ($10.00)  nor 
more  than  one  hundred  dollars  ($100.00)  for  each'  offense. 

It  shall  be  the  duty  of  the  highway  commissioners  to  maintain  any 
and  all  signs  placed  or  erected  on'  any  such  highway  by  or  through  the 
order  of  the  Public  Utilities  Commission  of  this  State. 

With  respect  to  State  aid  roads,  the  duties  hereby  imposed  on  the 
highway  commissioners  shall  be  performed  by  the  authorities  in  charge 
of  such  State  aid  roads. 

Any  official  who  shall  fail  or  neglect  to  perform  any  duty  created 
by  this  section  shall  be  liable  to  a  fine  of  not  less  than  ten  ($10)  dollars 
nor  more  than  one  hundred  dollars  ($100)  for  each  such  offense. 

Approved  June  30,  1919. 


PATENTED    ARTICLES,    MATERIALS    AND    PROCESSES. 
§    1.     May   be   used   for   constructing   or    maintaining  public  highway,    etc. 
(House  Bill  No.  86.     Approved  June  30,  1919.) 

An  Act  in  relation  to  the  use  of  patented  articles,  materials  and  pro- 
cesses for  constructing  or  maintaining  roads  and  streets  in  counties, 
cities,  towns,  villages,  townships  and  districts. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  any  article,  material  or 
process  covered  by  Letters  Patent  granted  by  the  United  States  govern- 
ment may  be  specified  and  used  for  constructing  or  maintaining  any 
proposed  public  highway,  road  or  street  or  section  thereof  whether  built 
by  the  State  or  by  any  county,  city,  town,  village,  township  or  district : 
Provided  that  said  specifications  are  drawn  so  as  to  provide  for  an 
alternative  method  or  methods  of  construction  so  that  competition  may 
be  had  between  different  types  of  materials  answering  the  same  general 
purpose. 

Approved  June  30,  1919. 


ROADS    AND   BRIDGES. 


PLACING   OR    BREAKING    OF    GLASS. 

§    1.     Placing  glass  on  highway — penalty. 

(Senate  Bill,  No.    280.     Approved  June   21,    1019.; 

An  Act  to  prohibit  ike  placing  or  breaking  of  glass  upon  highways, 
roads,  bridges  and  streets. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Any  person  who  places  glass  or 
causes  glass  to  be  placed  upon  any  highway,  road,  bridge  or  street,  or 
who  breaks  glass  or  causes  glass  to  be  broken  upon  any  highway,  road, 
bridge  or  street  shall,  unless  he  immediately  removes  the  same  there- 
from, be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  pun- 
ished by  a  fine  of  not  to  exceed  twenty-five  dollars  ($25.00). 

Approved  June  21,  1919. 


SIGNS   FOR   CLOSING    OF   ROADS. 

§    1.     Adds  section   151a,  Act  of  1913.  §   151a.   Officials     in     charge     to 

erect  signs  when 
necessary  —  unlawful 
to     remove — penalty. 

(House  Bill  No.   437.     Approved  June  21,   1919.) 

An  Act  to  amend  an  Act  entitled;  "An  Act  to  revise  the  law  in  relation 
to  roads  and  bridges",  approved  June  27,  1913,  in  force  July  1,  1913, 
as  amended,  by  adding  thereto  a  new  section  to  be  known  as  section 
151a, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled;  "An  Act 
to  revise  the  law  in  relation  to  roads  and  bridges",  approved  June  27, 
1913,  in  force  July  1,  1913,  as  amended,  is  amended  by  adding  thereto 
a  new  section  to  be  known  as  section  151a,  to  read  as  follows: 

§  151a.  Whenever  any  public  road  or  bridge  or  culvert  thereon  is 
being  built  or  repaired,  the  public  officials  having  such  wori  in  charge 
shall,  when  they  deem  it  necessary,  erect  or  cause  to  be  erected  at  such 
points  as  they  may  deem  desirable,  suitable  barriers,  with  signs  thereon, 
stating  that  such  road  is  closed,  and  by  whose  order  such  road  has  been 
closed. 

Said  officials  shall  also  erect  or  cause  to  be  erected  at  such  places  as 
they  may  deem  best,  detour  signs  directing  travel  around  such  con- 
struction or  repair  work. 

Whenever  a  road  has  been  closed  as  provided  herein,  it  shall  be 
unlawful  for  any  person  to  remove  such  barrier  or  signs,  or  to  deface  or 
injure  the  same,  or  to  walk,  ride  or  drive  upon  any  part  of  said  road  so 
closed,  except  such  persons  duly  authorized  to  do  so,  and  any  person 
violating  the  foregoing  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  not  to  exceed  one  hundred  dollars 
($100.00)  or  shall  be  imprisoned  in  the  county  jail,  or  house  of  correc- 
tion, or  workhouse  for  a  period  not  to  exceed  six  (6)  months,  or  both, 
in  the  discretion  of  the  court  for  each  offense;  the  proceeds  of  fines  so 
collected  to  be  paid  into  the  county  treasury  in  which  such  violation 
occurred,  and  to  be  used  to  maintain  the  highways  of  said  county.     In 


886  ROADS    AND    BRIDGES. 


addition  thereto  such  person  convicted  shall  be  held  liable  for  any  and 
all  damages  caused  to  said  road,  bridge  or  culvert  work  by  reason  of  his 
violation  of  the  foregoing  provisions. 

The  Chief  Highway  Engineer,  the  county  superintendent  of  high- 
ways and  the  commissioner  of  highways  or  their  duly  authorized  agents 
in  direct  charge  of  the  work  aforesaid,  are  hereby  authorized  and  em- 
powered to  exercise  in  their  respective  jurisdictions,  all  the  common  law 
and  statutory  powers  conferred  upon  sheriffs,  and  it  is  hereby  made  the 
duty  of  said  Chief  Highway  Engineer,  county  superintendent  of  high- 
ways, commissioner  of  highways,  or  their  duly  authorized  agents  in  direct 
charge  of  the  work  aforesaid,  to  arrest  without  process  any  person  who 
violates  the  provisions,  of  this  section,  and  in  so  doing  they  shall  be 
held  to  be  acting  for  the  State. 

Any  person  or  persons  so  arrested  shall  be  delivered  by  such  person 
making  the  arrest  to  some  judge,  justice  of  the  peace,  sheriff,  constable, 
or  police  officer  at  some  station  or  place  within  the  county  in  which  the 
offense  was  committed,  for  trial,  according  to  law. 

Approved  June  21,  1919. 


SPECIAL   TAX  FOR  ROAD   PURPOSES. 

§   1.     Adds    sections    129a,     129b,     129c,  §   129c.   Form   of    ballot. 

129d  and   129e,   Act  of   1913. 

§   129d.  Preparation    of   plans, 
§   129a.  May     use     funds     for  etc. 

brick     or      concrete 

roads.  §   129e.   Supervision     of     con- 

struction. 
§   129b.   Filing    petition. 

(Senate   Bill  No.    219.     Approved   June    19,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  roads  and  bridges/'  approved  June  27,  1913,  in  force  July  1, 
1913,  as  amended,  by  adding  thereto  five  sections  to  be  known  as 
sections  129a,  129b,  129c,  129 d  and  129 e. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  roads  and  bridges/'  approved  June  27, 
1913,  in  force  July  1,  1913,  as  amended,  is  amended  by  adding  five 
sections  to  be  known  as  sections  129a,  129b,  129c,  129d  and  129e  to 
read  as  follows : 

§  129a.  Any  township  in  counties  under  township  organization 
or  road  district  in  counties  not  under  township  organization  which 
shall  have  adopted  and  elected  to  levy  a  special  tax  for  road  purposes 
as  provided  in  sections  108,  109  and  110  of  this  Act  may,  at  any  time 
during  the  period  for  which  such  tax  is  to  be  levied,  in  the  manner 
hereinafter  provided,  adopt  and  elect  to  use  the  fund  accumulated  under 
or  to  be  raised  by  such  tax  to  construct  brick  or  concrete  roads  at  the 
location  and  along  the  route  of  the  road  or  roads  set  forth  in  the  peti- 
tion requesting  an  election  to  adopt  the  special  tax  for  road  purposes. 
§  129b.  Upon  the  filing  of  a  petition  of  twenty-five  per  cent  of 
the  land  owners  who  are  legal  voters  of  any  such  township  or  road 
district  with  the  town  or  district  clerk  he  shall,  when  erivino-  riolicv  of 


ROADS   AND   BRIDGES-  887 


the  time  and  place  for  holding  the  next  annual  town  meeting  or  road 
district  election,  also  give  notice  that  a  vote  will  be  taken  for  or  againsl 
the  construction  of  brick  or  concrete  roads  at  the  location  and  along 
the  route  of  the  road  or  roads  to  be  improved  with  the  funds  raised 
or  to  be  raised  by  the  special  tax. 

If  the  petition  shall  request  the  calling  of  a  special  election,  the 
town  or  district  clerk  shall  call  a  special  election  in  the  manner  pro- 
vided in  section  112  of  this  Act. 

§  129c.  The  ballot  for  such  an  election  shall  be  substantially  in 
the  following  form: 


,                                         1 

Shall  road   improvement  with   brick   or   con-           Yes 

I 

crete  be  adopted                                                         No 

1 

1 
1 

§  129d.  If  a  majority  of  the  votes  cast  at  said  election  shall 
favor  the  construction  with  brick  or  concrete,  the  county  superintendent 
of  highways  shall  prepare  plans,  specifications  and  estimates  of  the  cost 
of  such  improvement  and  shall  file  copies  of  the  same  as  provided  in 
section  115  of  this  Act. 

§  129e.  The  construction  may  be  of  brick  or  concrete,  in  the  dis- 
cretion of  the  commissioner  of  highways  and  the  county  superintendent 
of  highways,  and  such  construction  shall  be  in  accordance  with  the 
provisions  for  construction  with  gravel,  rock,  macadam  or  other  hard 
roads  as  provided  by  this  Act. 

Approved  June  19,  1919. 


STATE  AID. 

S    1.     Amends  sections  9  and   19,  Act  of  S      9.      State   aid   authorized. 

1913. 

§   19.     Eminent   domain. 

(House  Bill  No.   443.     Approved  June  28.   1919.) 

An  Act  to  amend  sections  9  and  19  of  an  Act  entitled:  "An  Act  to 
revise  the  law  in  relation  to  roads  and  bridges"  approved  June  27, 
1913,  in -force  July  1,  1913,  as  amended. 

Section  1.  Be  it  enacted  by  th$  People  of  the  State  of  Illinois, 
represented  in  the  General.  Assembly:  Sections  nine  (9)  and  nineteen 
(19)  of  an  Act  entitled:  "An  Act  to  revise  the  law  in  relation  to  roads 
and  bridges,"  approved  June  27,  1913,  in  force  July  1.  1913,  as  amend- 
ed, is  amended  to  read  as  follows : 

§  9.  Public  highways  or  sections  thereof,  including  bridges  there- 
in, may  be  laid  out,  improved  or  constructed  at  the  joint  expense  of 
the  State  and  any  county  within  the  State  as  hereinafter  provided.  In 
such  case  the  State  shall  contribute  one-half  of  the  expense  thereof, 
and  the  county  or  counties  through  which  the  said  highway  or  portion 
thereof  passes  shall  contribute  the  remaining  one-half.  Such  highways 
hereinafter  known  as  "State  Aid  Eoads,"  may  be  laid  out.  constructed 
or  improved  in  the  manner  hereinafter  directed : 


888  ROADS   AND   BRIDGES. 


The  board  of  supervisors  or  county  commissioners  of  any  county 
shall,  by  a  majority  vote  of  the  entire  board  of  supervisors  or  county 
commissioners,  in  regular  or  special  session,  specify,  the  type  of  road 
to  be  constructed  under  the  provisions  of  this  Act  in  their  respective 
counties,  which  decision  shall  be  approved  by  the  Department  of  Public 
Works  and  Buildings  whether  of  permanent  earth  improvement  (in- 
cluding surface  or  sub-surface  drainage,  grading,  leveling,  and  crown- 
ing) gravel,  macadam,  cement  concrete,  bituminous  concrete  on  a  cement 
concrete  base,  concrete  and  macadam  combined,  or  brick,  and  the  re- 
spective boards  of  supervisors  or  county  commissioners  shall  have  the 
authority  to  specify  any  one  of  the  herein  designated  types  of  roads. 
In  the  case  the  board  of  supervisors  or  county  commissioners  do  not 
desire  to  exercise  the  privilege  and  power  herein  conferred  upon  them 
as  to  designating  the  type  of  road  to  be  builded  and  shall  so  notify 
the  Department  of  Public  Works  and  Buildings,  then  it  shall  be  the 
duty  of  the  Department  of  Public  Works  and  Buildings  to  specify  the 
type  of  road  to  be  builded :  Provided,  nothing  herein  contained  shall 
prohibit  the  State  and  county  jointly,  at  any  future  time,  rebuilding 
and  changing,  under  the  provisions  of  this  Act,  an  earth,  gravel,  or 
macadam  type  of  road  to  any  other  more  permanent  type  herein  speci- 
fied :  Provided,  further,  that  when  a  gravel  or  macadam  road  is  con- 
structed the  county  shall  pay  one-half  the  cost  of  such  maintenance : 
And,  provided,  further,  that  when  an  earth  road  is  constructed  the 
county  shall  pay  the  entire  cost  of  maintenance:  And,  whenever  any 
county,  after  having  been  given  reasonable  notice  by  the  Department, 
shall  fail  properly  to  maintain  any  earth  road  improved  as  a  State 
aid  road  or  provide  the  funds  for  paying  one-half  the  cost  of  main- 
taining a  gravel  or  macadam  road,  the  Department  of  Public  Works 
and  Buildings  is  hereby  authorized  to  withhold  from  such  county  all 
State  aid  allotments  during  the  time  said  county  is  delinquent :  And, 
provided,  that  a  road  or  part  thereof  lying  within  the  corporate  limits 
of  any  city  or  village  having  a  population  of  twenty  thousand  (20,000) 
inhabitants  or  less,  ascertained  as  aforesaid,  situate  within  any  county 
of  the  third  class,  may  be  improved  or  constructed  with  State  aid,  to 
connect  or  complete,  bv  the  most  direct  route,  a  State  aid  road  already 
improved  or  constructed  or  being  improved  or  constructed  to  the  cor- 
porate limits  of  such  city  or  village. 

And,  provided  also,  that  a  road  or  part  thereof  lying  within  the 
corporate  limits  of  anv  citv,  village  or  town,  having  a  population  of 
two  thousand  five  hundred  (2,500)  inhabitants  or  less  as  ascertained 
as  aforesaid  in  any  county,  may  be  improved  or  constructed  with  State 
aid,  to  connect  or  complete  by  the  most  direct  route,  a  State  aid  road 
already  improved  or  constructed  or  being  improved  or  constructed,  to 
the  corporate  limits  of  such  city,  village  or  town.  The  cost  of  such 
road  for  the  same  width  as  outside  of  the  corporate  limits  and  of  the 
same  materials  may  be  provided  for  in  the  same  manner  as  for  that 
portion  outside  the  corporate  limits.  By  agreement  between  the  De- 
partment of  Public  Works  and  Buildings  and  the  common  council  or 
board  of  trustees,  a  road  or  street  of  greater  width  and  of  different 
materials  may  be  constructed   through   such   city,  village   or   town   by 


K0ADS    AND    BRIDGES.  889 


the  Department  of.  Public  Works  and  Buildings  such  city,  village  or 
town  to  pay  the  excess  cost,  if  any,  for  such  greater  width,  or  different 
material.  But  such  city,  village  or  town  shall  thereafter  maintain  said 
road  or  street  within  the  corporate  limit. 

§  19.  That  in  case  plans  and  surveys  provided  for  in  any  section 
of  this  Act  require  that  private  property  he  taken  or  damaged,  the  De- 
partment of  Public  Works  and  Buildings,  in  its  name,  or  in  the  county 
in  which  the  improvement  is  to  be  made,  in  its  name,  shall  have  the 
right  to  purchase  the  necessary  land  from  the  owner  thereof,  or  if 
compensation  therefor  can  not  be  agreed  upon,  to  have  such  just  compen- 
sation ascertained  and  to  acquire  and  pay  for  said  property  in  the  same 
manner  as  near  as  may  be,  as  provided  for  in  the  Act  of  this  State, 
entitled  "An  Act  to  provide  for  the  exercise  of  right  of  eminent  do- 
main", approved  April  10,  1872,  and  the  amendments  thereto;  provided, 
however,  that  said  Department  of  Public  Works  and  Buildings,  or  said 
county  shall  not  be  required,  in  any  case,  to  furnish  bond.  The  dam- 
ages, as  thus  finally  determined,  either  by  agreement  or  proceedings 
in  eminent  domain,  shall  be  included  in  the  estimate  of  the  cost  of 
the  proposed  improvement  and  shall  be  borne  equally  by  the  State  and 
the  county  constructing  the  same. 

In  case  a  proposed  improvement  be  abandoned  after  a  resort  to 
proceedings  in  eminent  domain  as  aforesaid,  the  costs  of  such  proceed- 
ings to  which  the  property  owner  is  by  law  entitled,  shall  nevertheless 
be  paid  one-half  out  of  the  State  road  and  bridge  fund  and  the  remain- 
ing one-half  by  the  county. 

Approved  June  28,  1919. 


STATE  AID. 

LCt    of 

§      9. 

State    aid   authorized. 

§    26. 

Contract  for  State  aid 
roads. 

Amends  sections  9  and  26.  Act  of 
1913. 


(House   Bill   No.    724.     Approved   June    30,    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  roads  and  bridges,"  approved  June  27th,  1913,  in  fortce  July  1st. 
1913,  as  subsequently  amended,  by  amending  sections  nine  (9)  and 
twenty-six  (26)  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  revise  the  law  in  relation  to  roads  and  bridges,"  approved  June  27th, 
1913,  in  force  July  1st,  1913,  as  subsequently  amended,  be  and  it  is  here- 
by amended  by  amending  sections  nine  (9)  and  twenty-six  (26)  to 
read  as  inserted  at  length  herein. 

§  9.  Public  highways  or  sections  thereof,  including  bridges  there- 
in, may  be  laid  out,  improved  or  constructed  at  the  joint  expense  of 
the  State  and  any  county  within  the  State  as  hereafter  provided.  In 
such  case  the  State  shall  contribute  one-half  of  the  expense  thereof, 
and  the  county  or  counties  through  which  the  said  highway  or  portion 
thereof  passes  shall  contribute  the  remaining  one-half.     Such  highways 


890  ROADS    AND   BRIDGES. 


hereinafter  known  as  "State  Aid  Roads/'  may  be  laid  out,  constructed 
or  improved  in  the  manner  hereinafter  directed: 

rlhe  board  of  supervisors  or  county  commissioners  of  any  county 
shall,  by  a  majority  of  the  entire  board  of  supervisors  or  county  com- 
missioners, in  regular  or  special  session,  specify  the  type  of  road  to  be 
constructed  under  the  provisions  of  this  Act  in  their  respective  coun- 
ties, subject,  however,  to  the  approval  of  the  Department  of  Public 
Works  and  Buildings  whether  of  permanent  earth  improvement  (in- 
cluding surface  or  sub-surface  drainage,  grading,  leveling,  and  crown- 
ing), gravel,  macadam,  cement  concrete,  bituminous  concrete  on  a  ce- 
ment concrete  base,  brick  or  other  hard  surfaced  type  of  pavement, 
patented  or  otherwise,  and  the  respective  boards  of  supervisors  or 
county  commissioners  shall,  subject  to  the  approval  of  the  Department 
of  Public  Works  and  Buildings  as  aforesaid,  have  the  authority  to  spec- 
ify any  one  of  the  herein  designated  types  of  roads.  In  case  the  board 
of  supervisors  or  county  commissioners  do  not  -desire  to  exercise  the 
privilege  and  power  herein  conferred  upon  them  as  to  designating  the 
type  of  road  to  be  builded  and  shall  so  notify  the  Department  of  Public 
Works  and  Buildings,  then  it  shall  be  the  duty  of  the  Department  of 
Public  Works  and  Buildings  to  specify  the  type  of  road  to  be  builded : 
Provided,  nothing  herein  contained  shall  prohibit  the  State  and  county 
jointly,  at  any  future  time,  rebuilding  and  changing,  under  the  pro- 
visions of  this  Act,  an  earth,  gravel  or  macadam  type  of  road,  patented 
or  otherwise,  to  any  other  more  permanent  type  herein  specified :  Pro- 
vided, further,  that  when  a  gravel  or  macadam  road  is  constructed  the 
county  shall  pay  one-half  the  cost  of  such  maintenance :  And,  provided, 
further,  that  when  an  earth  road  is  constructed  the  county  shall  pay 
the  entire  cost  of  maintenance :  And,  whenever  any  county,  after  hav- 
ing been  given  reasonable  notice  by  the  Department,  shall  fail  properly 
to  maintain  any  earth  road  improved  as  a  State  aid  road  or  provide 
the  funds  for  paying  one-half  the  cost  of  maintaining  a  gravel  or 
macadam  road,  the  Department  of  Public  Works  and  Buildings  is  here- 
by authorized  to  withhold  from  such  county  all  State  aid  allotments 
during  the  time  said  county  is  delinquent :  And,  provided,  that  a  road 
or  part  thereof  lying  within  the  corporate  limits  of  any  city  or  village 
having  a  population  of  twenty-thousand  (20,000)  inhabitants  or  less, 
as  shown  by  the  last  Federal  census,  situate  within  any  county  of  the 
third  class,  may  be  improved  or  constructed  with  State  aid,  to  connect 
or  complete,  by  the  most  direct  route,  a  State  aid  road  already  im- 
proved or  constructed  or  being  improved  or  constructed  to  the  corpor- 
ate limits  of  such  city  or  village. 

And,  provided  also,  that  a  road  or  part  thereof  lying  within  the 
corporate  limits  of  any  city,  village  or  town,  having  a  population  of 
two  thousand  five  hundred  (2,500)  inhabitants  or  less  as  ascertained 
as  aforesaid  in  any  county,  may  be  improved  or  constructed  with  State 
aid,  to  connect  or  complete  by  the  most  direct  route,  a  State  aid  road 
already  improved  or  constructed,  to  the  corporate  limits  of  such  city, 
village  or  town.  .  The  cost  of  such  road  for  the  same  width  as  outside 
of  the  corporate  limits  and  of  the  same  materials  may  be  provided  for 
in  the  same  manner  as  for  that   portion  outside   the  corporate  limits. 


K0AD6    AND    JiHJlXiEH.  ,S!l] 


By  agreement  between  the  Department  of  Public  Works  and  Buildings 
and  the  common  council  or  board  of  trustees,  a  road  or  street  of  greater 
width  and  of  different  materials  may  be  constructed  through  such  city, 
village  or  town  by  the  Department  of  Public  Works  and  Buildings, 
such  city,  village  or  town  to  pay  the  excess  cost,  if  any,  for  .-itch  greater 
width,  or  different  material.  But  such  city,  village  or  town  shall  there- 
after maintain  said  road  or  street  within  the  corporate  limit. 

§  26.  Contract  for  state  aid  roads.]  State  aid  roads  may  be 
constructed  or  improved  by  contract  in  the  manner  provided  herein. 
jSTo  contract  for  the  improvement  or  construction  of  a  State  aid  road 
shall  be  entered  into  unless  at  the  time  there  is  in  the  State  road  and 
bridge  fund,  subject  to  the  order  of  the  State  highway  commission, 
sufficient  moneys  to  defray  the  portion  of  the  cost  thereof  which  the 
State  is  required  to  contribute  under  the  provisions  of  this  Act.  Upon 
the  completion  and  final  adoption  or  approval,  as  provided  by  law, 
of  the  plans  and  specifications  and  estimates  for  the  construction  or 
improvement  of  a  State  aid  road,  a  contract  therefor  may  be  executed 
as  provided  herein. 

In  letting  contracts  for  the  building  of  bridges,  or  culverts,  where- 
in the  county  alone  is  interested,  or  wherein  the  county  and  State  are 
interested,  or  the  county  and  township  or  road  district  are  interested, 
it  shall  be  the  duty  of  the  officials  in  letting  said  contracts  to  invite, 
receive  and  consider  proposals  on  any  other  plan  other  than  the  one 
prepared  by  the  county  superintendent  of  highways,  or  Department  of 
Public  Works  and  Buildings,  and  they  shall  require  that  all  proposals 
on  such  plans  shall  be  accompanied  with  complete  stress  diagrams  and 
specifications;  nature,  quality  and  size  of  material  to  be  used;  strength 
of  structure  when  completed,  etc.,  it  being  understood,  however,  that 
before  any  such  plans  shall  be  finally  adopted  it  shall,  in  like  manner 
as  all  other  plans,  profiles,  specifications  and  estimates  submitted,  have 
the  approval  of  the  county  superintendent  of  highways  and  the  Depart- 
ment of  Public  Works  and  Buildings. 

(1)  The  Department  of  Public  Works  and  Buildings  shall  adver- 
tise for  proposals  for  the  construction  or  improvements  of  such  high- 
ways or  sections  thereof,  according  to  the  nlans.  specifications  and  esti- 
mates prepared  therefor.  The  advertisement  shall  be  limited  to  brief 
description  of  the  work  proposed  to  be  done,  the  terms, and  conditions 
under  which  proposals  will  be  received,  the  time  and  place  where  the 
same  will  be  opened,  and  such  other  matters  as  the  commission  may 
deem  advisable  to  include  therein.  Such  advertisement  shall  be  pub- 
lished at  least  once  in  each  week  for  two  consecutive  weeks  in  a  news- 
paper published  in  the  county  in  which  such  highways  or  section  there- 
of is  to  be  constructed  or  improved,  and  in  such  other  newspapers  as 
the  commission  may  designate.  In  such  advertisement  the  Department 
of  Public  Works  and  Building  may  provide  that  certain  materials  or 
machinery  or  implements  suitable  for  road  construction  shall  be  fur- 
nished by  the  State  or  used  in  the  construction  of  said  State  aid  road, 
and  may  also  indicate  the  fair  value  of  the  same  or  for  the  use  thereof. 

(2)  Each  proposal  shall  specify  the  gross  sum  for  which  the 
work  will  be  performed  exclusive  of  such  materials  as  may  be  furnished 


892  ROADS    AND    BRIDGES. 


by  the  State  and  also  shall  include  the  amount  to  be  charged  for  such 
item  specified  in  the  estimate.  The  commission  may  prescribe  and 
furnish  forms  for  the  submission  of  such  proposal  and  may  prescribe 
the  manner  of  submitting  the  same  which  shall  not  be  inconsistent 
herewith.  The  proposals  shall  be  publicly  opened  at  the  time  specified 
in  the  advertisement  aforesaid  and  when  opened  such  proposals  shall 
be  subject  at  all  reasonable  times  to  public  inspection  and  at  the  time 
of  opening  shall  be  publicly  read. 

(3)  The  contract  for  the  construction  or  improvement  of  such 
highways  or  section  thereof,  shall  be  awarded  to  the  lowest  responsible 
bidder,  except  that  no  contract  shall  be  awarded  at  a  sum  which,  to- 
gether with  the  value  of  materials  and  machinery  to  be  furnished  by 
the  State  as  fixed  by  the  Department  of  Public  Works  and  Buildings, 
shall  exceed  the  estimate  made  for  the  construction  or  improvement 
of  such  highway  or  section  thereof  in  accordance  with  the  aforesaid 
plans  and  specifications.  The  lowest  bid  shall  be  deemed  to  be  that 
which  specifically  states  the  lowest  gross  sum  for  which  the  entire  work 
shall  be  performed,  including  all  the  items  specified  in  the  estimate 
therefor. 

(4)  The  commission  may  reject  any  or  all  proposals  and  may 
at  once  advertise  for  new  proposals  as  hereinbefore  provided,  if  in 
their  opinion  the  best  interests  of  the  State  will  thereby  be  promoted. 

(5)  The  commission  shall  prescribe  the  form  of  contract  and 
may  include  therein  such  matters  as  they  may  deem  advantageous  to 
the  State.     Such  forms  shall  be  uniform  in  so  far  as  it  may  be. 

(6)  Each  contractor  before  entering  into  a  contract  for  such 
construction  or  improvement,  shall  execute  a  bond  in  the  form  pre- 
scribed by  the  commission,  in  the  penal  sum  of  not  less  than  one-third 
the  amount  of  the  contract,  with  sufficient  sureties  to  be  approved  by 
the  commission  conditioned  that  he  will  perform  the  work  in  accord- 
ance with  the  terms  of  the  contract,  and  with  the  plans  and  specifi- 
cations, and  that  he  will  commence  and  complete  the  work  within  the 
time  prescribed  in  the  contract.  Such  bond  shall  also  pro- 
vide against  any  direct  or  indirect  damages  that  may  be  suffered  or 
claimed  on  account  of  such  construction  or  improvement  during  the 
time  thereof,  and  until  the  highway  is  accepted :  Provided,  one-third 
the  total  amount  of  such  bond  shall  also  be  conditioned  upon  the  pay- 
ment by  the  contractors  of  all  sums  of  money  due  for  any  labor,  ma- 
terial, apparatus,  fixtures,  or  machinery  furnished  to  such  contractor 
for  the  purpose  of  such  construction  or  improvement.  One-third  total 
amount  of  such  bond  shall  inure  to  the  benefit  of  any  person  to  whom 
any  money  may  be  due  for  anv  such  labor,  material,  apparatus,  fix- 
tures or  machinery  so  furnished  and  suit  may  be  maintained  on  such 
bond  by  any  such  person  for  the  recovery  of  any  such  money. 

(7)  The  contract  may  provide  for  partial  payments  to  an  amount 
not  exceeding  90  per  centum  of  the  value  of  the  work  clone  which  shall 
be  paid  in  the  manner  provided  by  this  article  when  certified  to  by 
the  commission.  In  case  partial  payments  are  made  the  State  and  coun- 
ty shall  each  pay  one-half  thereof  as  the  work  progresses.  Ten  per 
centum  of  the  contract  price   shall   be  retained  until   the  entire  work 


ROADS    AND    BRIDGES.  893 


has  been  completed  and  accepted.     But  no  final  payment  shall  be  made 
on  account  of  such  construction  or  improvement  until  it  is  shown  thai 
all  sums  of  money  due  for  anv  labor,  material,  apparatus,  fixtm 
machinery  furnished  for  the  purpose  of  such  improvement  or  anv  other 
indebtedness  incurred  in  connection  therewith  have  been  paid. 
Approved  June  30,  1919. 


TOWN   AND    DISTRICT    ROAD    OFFICERS. 

§    1.     Amends  section  42,  Act  of  1913.  §   42.     Officers — who     eligible. 

(House    Bill    No.    634.     Approved   June    30.    1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation 
to  roads  and  bridges,"  approved  June  27,  WIS,  in  force  July  1,  1913, 
and  as  subsequently  amended  by  amending  section  J+2  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act  to 
revise  the  law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913, 
in  force  July  1,  1913,  and  as  subsequently  amended,  be  amended  by 
amending  section  42  thereof  to  read  as  follows : 

§  42.  Town  and  District  Eoad  Officers — (A)  (Commissioners)  In 
each  township  in  counties  under  township  organization,  and  in  road  dis- 
tricts in  counties  not  under  township  organization,  there  shall  be  elected 
a  highway  commissioner  who  shall  serve  for  a  term  of  two  (2)  years  and 
until  his  successor  is  duly  elected  and  qualified,  and  who  shall  be  elected 
in  the  manner  hereinafter  provided. 

(B)  (Clerk)  In  counties  under  township  organization,  the  town 
clerk  shall  act  as  the  clerk  for  the  highway  commissioner  in  such  town. 
In  counties  not  under  township  organization,  there  shall  be  elected  in 
road  districts,  a  district  clerk  who  shall  hold  office  for  a  term  of  two  ( 2 ) 
years  and  until  his  successor  is  elected  and  qualified. 

(C)  (Treasurer)  In  counties  under  township  organization  the 
supervisor  of  each  town  shall  be  ex-officio  treasurer  of  the  road  and  bridge 
fund.  In  counties  not  under  township  organization  the  district  clerk 
shall  be  ex-officio  treasurer  of  such  fund. 

(D)  (Who  eligible)  No  person  shall  be  eligible  to  the  office  of 
highway  commissioner  unless  he  shall  be  a  legal  voter  and  has  been  one 
year  a  resident  of  such  town  or  district.  In  counties  not  under  township 
organization  the  same  limitation  shall  apply  to  the  district  clerk:  Pro- 
vided, that  nothing  in  this  Act,  shall  be  construed  to  authorize  the  election 
of  a  commissioner  of  highways,  or  district  clerk,  in  cities  and  villages  in 
counties  not  under  township  organization,  that  are  created  road  districts. 
Nor  shall  anything  in  this  Act  be  construed  as  vesting  in  highway  com- 
missioners any  power  or  jurisdiction  over  the  streets  and  alleys  of  cities 
or  incorporated  towns  and  villages. 

Approved  June  30,  1919. 


894  schools. 


SCHOOLS. 


AMERICAN   INDIAN   DAY. 
§   1.     When  designated. 

(Senate   Bill   No.    238.     Approved  June    28,    1919.) 

An  Act  to  establish  an  American  Indian  Day. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  fourth  Friday  of  Sep- 
tember of  each  year  is  hereby  designated  "American  Indian  Day",  to 
be  observed  throughout  the  State  as  a  day  on  which  to  hold  appropriate 
exercises  in  commemoration  of  the  American  Indians. 

Approved  June  28,  1919 


BOARDS  OF  EDUCATION — ELECTION. 

§   1.     Amends    sections     126     and    126a,  §   126a.  Ballots — no     election- 

Act  of  1909.  eering-     within     100 

feet    of    polls — pen- 
§    12  6.     Nominations    by    peti-  alty. 

tion  —  rejection  — 
violation  —  penalty. 

(House  Bill  No.   240.     Approved  June  21,    1919.) 

An  Act  to  amend  sections  126  and  126a  of  an  Act  entitled,  "An  Act  to 
establish  and  maintain  a  system  of  free  schools",  approved  and  in  force 
June  12,  1909,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Sections  126  and  126a  of  an  Act 
entitled,  "An  Act  to  establish  and  maintain  a  system  of  free  schools", 
approved  and  in  force  June  12,  1909,  as  amended.,  are  amended  to  read 
as  follows : 

§  126.  The  election  of  boards  of  education  shall  be  governed  by 
the  provisions  of  this  Act  relating  to  the  election  of  boards  of  directors : 
Provided,  however,  that  boards  of  education  shall  have  power  to  estab- 
lish a  suitable  number  of  voting  precincts,  and  fix  the  boundaries  thereof 
for  the  accommodation  of  the  voters  of  the  district  in  which  such  election 
is  held,  in  each  of  which  voting  precincts  there  shall  be  one  polling  place 
designated  by  the  board.  Whenever  the  board  of  education  shall  estab- 
lish more  than  one  voting  precinct  for  such  election  they  shall  appoint 
two  judges  and  one  clerk  for  each  polling  place,  assigning  so  far  as 
practicable  at  least  one  member  of  such  board  to  each  polling  place. 
When  the  time  for  the  election  of  members  of  boards  of  education  or 
boards  of  inspectors  is  fixed  by  virtue  of  any  special  Act,  such  election 
may  be  held  at  the  time  provided  for  the  election  of  school  directors. 

The  nominations  of  candidates  for  the  offices  of  president  and  mem- 
bers of  the  board  of  education  shall  be  made  only  by  petition.  All 
petitions  shall  be  filed  with  the  secretary  of  the  board  of  education  at 
least  twenty  days  before  the  day  of  election.  All  petitions  shall  be 
signed  by  at  least  10  per  cent  of  the  legal  voters  of  the  district  but  not 
to  exceed  50  such  signatures  shall  be  required  to  make  valid  any  petition. 
The  names  of  candidates  shall  be  printed  in  the  order  in  which  the 
petitions  are  filed  with  the  secretary. 


SCHOOLS.  895 


Any  person  whose  petition  is  rejected  as  to  form  or  substance  shall 
receive  from  the  secretary  of  the  hoard  personal  notice,  either  verbally 
or  by  mail,  not  later  than  eighteen    (18)   days  before  the  date  of  the 

election,  stating  the  cause  of  such  rejection,  and  the  petitioner  shall 
have  the  right  to  appeal  to  the  county  superintendent  of  schools  bul 
appeal  shall  not  be  entertained  unless  perfected  at  least  15  days  before 
the  day  of  election.  Such  appeal  shall  be  deemed  perfected  upon  filing 
with  the  county  superintendent  of  schools  a  written  statement,  signed 
by  the  aggrieved  party,  requesting  the  county  superintendent  of  schools 
to  review  the  decision  rejecting  the  petition  of  such  aggrieved  party. 
Upon  demand  by  the  county  superintendent  of  schools  it  shall  be  the 
duty  of  the  secretary  immediately  to  transmit  to  the  county  superin- 
tendent of  schools  the  petition  of  the  person  so  perfecting  such  appeal, 
together  with  a  statement  of  the  reasons  for  the  rejection  thereof.  The 
county  superintendent  of  schools  shall  cause  his  decision  with  reference 
to  such  appeal  to  be  transmitted  to  the  secretary  of  the  board  of  educa- 
tion not  less  than  10  days  before  the  day  of  election.  If  the  county 
superintendent  of  schools  shall  find  that  the  petition  of  the  person  so 
perfecting  such  appeal  is  good  and  sufficient  in  law,  the  name  of  such 
person  shall  be  printed  on  the  ballot  in  the  order  in  which  the  petition 
of  such  person  was  filed  with  the  secretary.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor and,  upon  conviction,  shall  be,  imprisoned  in  the  county  jail  for 
a  period  not  to  exceed  six  months. 

§  126a.  The  ballots  to  be  used  at  the  election  held  for  the  selection 
of  a  president  and  members  of  the  board  of  education  shall  be  fur- 
nished by  the  district  and  shall  be  in  form  substantially  as  follows : 

For  President,  to  Serve  for  One  Year 

Vote  for  One 

John  Adams  - 


□ 
□ 


James  Brown 

For  Two  Members  to  Serve  for  Three  Years 
Vote  for  Two 
Frank  Chance 


D 

"1     Tyrus  Cobb 

Margaret  Murphy 

Elizabeth  Browning 

The  voter  shall  make  a  cross-mark  in  the  square  preceding  the  name 
or  names  of  the  candidate  or  candidates  of  his  choice  and  the  ballot  shall 
be  so  counted. 


SCHOOLS. 


Such  election  shall  be  held  under  the  Australian  ballot  system  as 
provided  in  the  general  election  laws  and  as  detailed  in  section  22  and 
section  23  of  an  Act  entitled,  "An  Act  to  provide  for  the  printing  and 
distribution  of  ballots  at  public  expense,  and  for  the  nomination  of 
candidates  for  public  offices  to  regulate  the  manner  of  holding  elections, 
and  to  enforce  the  secrecy  of  the  ballot",  approved  June  22,  1891,  in 
force  July  1,  1891,  at  the  school  house  or  such  other  place  as  shall  be 
designated  by  the  proper  officers  in  the  notice  of  election. 

Any  person  who  shall  do  any  electioneering,  or  who  shall  solicit 
votes  on  election  day  within  any  polling  place,  or  within  one  hundred 
feet  of  any  polling  place,  or  who  shall  interrupt,  hinder  or  oppose  any 
voter  while  approaching  the  polling  place  for  the  purpose  of  voting, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25.00)  nor 
more  than  one  hundred  dollars   ($100.00)   for  each  offense. 

Approved  June  21,  1919. 


BONDS — DIRECTORS   AND   BOARDS   OF  EDUCATION   TO   ISSUE. 

§    1.     Adds   section   7    to   Act   of    1879.  §   7.     May    sell    bonds    for    pur- 

pose of  paying  war- 
rants— nature  of  bonds 
— to  be  recorded. 

(House  Bill  No.   115.     Approved  June  28,   1919.) 

Ax  Act  to  amend  an  Act  entitled:  "An  Act  to  provide  for  the  appoint- 
ment of  school  directors,  and  members  of  the  board  of  education  in 
certain  cases,  approved  May  29,  1879,  in  force  July  1,  1879,  as 
amended  by  subsequent  Acts,"  by  adding  one  new  section  known  as 
section  seven,  whereby  school  directors  and  boards  of  education  in 
certain  school  districts  are  empowered  to  issue,  negotiate,  and  sell 
bonds  and  use  the  proceeds  derived  therefrom  for  the  payment  of  war- 
rants and  any  and  all  interest  accrued  and  accruing  thereon  which 
shall  have  been  issued  prior  to  January  1,  1920,  in  anticipation  of 
taxes  levied  for  school  purposes. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  provide  for  the  appointment  of  school  directors,  and  members  of  the 
board  of  education  in  certain  cases,  approved  May  29,  1879,  in  force 
July  1,  1879,  as  amend  [amended]  by  subsequent  Acts,"  be  amended  by 
adding  a  new  section  known  as  section  7. 

§  7.  Any  school  district  to  which  the  Act  of  which  this  is  an 
amendment  applies  shall  have  the  power  to  issue,  sell,  and  negotiate  its 
negotiable  coupon  bonds  and  use  the  proceeds  derived  therefrom  for 
the  purpose  of  paying  the  amount  of  principal  of  interest  bearing  war- 
rants and  any  and  all  interest  accrued  and  accruing  thereon  which 
shall  have  been  issued  by  such  district  or  in  behalf  thereof  prior  to 
January  1,  1920,  in  anticipation  of  any  taxes  levied  and  assessed  for 
educational  or  building  purposes.  And  upon  the  payment  of  said  war- 
rants or  any  thereof  from  the  proceeds  of  the  issue,  sale  and  negotiation 
of  bonds  under  the  power  herein  given,  the  taxes  in  anticipation  of 


schools.  89? 


which  said  warrants  so  paid  shall  have  been  issued  to  the  extent  of  the 
total  principal  of  said  warrants  and  interest  thereon  shall  be  used  by 
the  school  district  or  school  authorities  entitled  to  such  taxes  when  col- 
lected for  the  purposes  for  which  said  taxes  were  levied  and  asE 
Any  and  all  bonds  which  shall  be  issued  hereunder  shall  be  issued  in 
such  form  and  in  such  denomination,  payable  at  such  place  and  at  such 
time  or  times,  not  to  exceed  twenty  (20)  years  from  the  date  of  issue, 
and  shall  bear  interest  at  such  rate  not  exceeding,  however,  the  rate  of 
five  per  centum  per  annum,  payable  semi-annually,  as  the  school  direc- 
tors or  boards  of  education  issuing  such  bonds  shall  by  resolution  pre- 
scribe. Provided,  however,  that  school  directors  and  boards  of  education 
of  any  such  school  district  shall  not  incur  any  indebtedness  hereunder 
by  the  issue  of  bonds  which  together  with  other  outstanding  indebted- 
ness of  such  school  district  exceeds  in  the  aggregate  five  percentum  on 
the  valuation  of  taxable  property  in  such  school  district  to  be  ascer- 
tained by  the  last  assessment  for  State  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness.  All  bonds  issued  hereunder  shall  be 
signed  before  being  issued,  negotiated,  and  sold,  by  the  president  of  the 
school  directors  or  the  board  of  education  of  the  school  district  for  the 
benefit  of  which  said  bonds  shall  be  issued,  and  attested  by  the  clerk, 
secretary,  or  such  other  person  as  the  school  directors  or  board  of  educa- 
tion of  such  school  district  may  designate,  and  said  bonds  shall  be 
countersigned  by  the  treasurer  of  such  school  district,  and  shall  be 
numbered  and  registered  by  such  treasurer  in  a  book  provided  for  such 
purpose.  Such  treasurer  shall  record  the  exact  amount  for  which  each 
bond  shall  be  issued,  negotiated,  and  sold,  and  when  any  bond  shall  be 
paid,  such  treasurer  shall  duly  cancel  the  same  and  enter  into  the  regis- 
ter opposite  to  the  record  of  such  bond  the  date,  month,  and  year  when 
said  bond  was  paid.  Nothing  contained  in  this  Act  shall  take  away, 
limit,  or  abridge  the  right  and  power  of  any  school  district  to  which  said 
Act  of  which  this  is  an  amendment  is  applicable,  from  issuing  there- 
under interest  bearing  warrants  in  anticipation  of  any  taxes  levied  and 
assessed  for  educational  or  building  purposes. 
Approved  June  28,  1919. 


BONDS   OF  TOWNSHIP  TREASURERS. 

§    1.     Amends  section  13,  Act  of  1909.  §13.     County       superintendents 

to  make  true  and  cor- 
rect copies  of  all  bonds 
of  township  treasur- 
ers. 

(Senate  Bill   No.    104.     Approved  June   12,    1919.) 

An  Act  to  amend  section  13  of  an  Act  entitled,  "An  Act  to  establish 
and  maintain  a  system  of  free  schools,"  approved  and  in  force  June 
12,  1909,  as  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois. 

represented  in  the  General  Assembly:     Section  13  of  an  Act  entitled: 

"An  Act  to  establish  and  maintain  a  system  of  free  schools,"  approved 

and  in  force  June  12,  1909,  as  amended,  is  amended  to  read  as  follows : 

—57  L 


898 


SCHOOLS. 


§  13.  Whenever  the  bond  of  any  township  treasurer  approved  by 
the  trustees  of  schools,  as  required  by  law,  shall  be  delivered  to  the 
county  superintendent  of  schools,  he  shall  carefully  examine  the  same, 
and  if  the  instrument  is  found  to  be  in  all  respects  according  to  law, 
and  the  securities  good  and  sufficient,  he  shall  endorse  his  approval 
thereon,  and  file  the  same  with  the  papers  of  his  office;  but  if  the  bond 
is  in  any  respect  defective,  or  if  the  penalty  is  insufficient,  he  shall  return 
it  for  correction.  When  the  bond  shall  have  been  received  and  filed,  the 
superintendent  shall,  on  demand,  deliver  to  the  township  treasurer,  a 
written  statement  certifying  that  his  bond  has  been  approved  and  filed, 
and  that  the  township  treasurer  is  entitled  to  the  care  and  custody,  on 
demand,  of  all  moneys,  bonds,  mortgages,  notes  and  securities,  and  all 
books,  papers  and  property  of  every  description  belonging  to  the  town- 
ship. 

It  shall  also  be  the  duty  of  the  county  superintendent  of  schools  to 
make  true  and  correct  copies  of  all  bonds  of  township  treasurers,  which 
have  been  approved  by  him  and  which  are  on  file  in  his  office,  and  mail 
the  same  by  registered  mail  to  the  Superintendent  of  Public  Instruction. 

Approved  June  12,  1919. 


CERTIFICATION  OF  TEACHERS. 


1.      Amends   sections   2,    5,    6,    7,    8,    13, 
15  and  20,  Act  of  1913. 

§  2.  Requirements  for  State 
certificates. 

§  5.  Registration  of  State 
certificate  — ex- 
change. 

§  6.  Requireme  nts  for 
county    certificates. 

§  7.  County  "Provisional" 
and  "Emergency" 
certificates  — validity 
— credits  to  be  ap- 
proved by  examining 
board. 


§  8.  Examining  board  for 
county  certificates — 
examinations,  rules, 
etc.  —  county  super- 
intendents to  make 
reports. 

§  13.  Fees,  for  county  ex- 
amination. 

§   15.     Definitions. 

§  20.  Recognition  and  honor 
of  certificates  of  an- 
other  state. 


(House  Bill  No.    3.75.     Approved  June   28,   1919.) 

An  Act  to  amend  sections  2,  5,  6,  7 ',  8,  13,  15  and  20  of  an  Act  entitled, 
"An  Act  to  provide  for  the  certification  of  teachers",  approved  June 
28,  1913,  in  force  July  1,  1914,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  2,  5,  6,  7,  8,  13,  15 
and  20  of  an  Act  entitled :  "An  Act  to  provide  for  the  certification  of 
teachers"  approved  June  28,  1913,  in  force  July  1,  1914,  as  amended, 
are  hereby  amended  to  read  as  follows  : 

§  2.  State  certificates  granted  by  the  Superintendent  of  Public 
Instruction  and  the  requirements  for  the  same  shall  be  as  follows : 

First — A  four  year  elementary  school  certificate  valid  for  teaching 
and  supervising  in  the  elementary  schools  and  in  the  first  and  second 
years  of  the  high  school  of  any  district  in  the  State  for  which  the  re- 
quirements shall  be:     (1)  Graduation  from  a  recognized  high  school  and 


SCHOOLS. 


from  a  recognized  normal  school,  or  an  equivalent   preparation;    (2) 

three  years'  successful  teaching,  two  of  which  shall  have  heen  in  the 
State  on  a  first  grade  county  certificate,  (3)  a  successful  examination  in 
English,  educational  psychology,  and  the  principles  and  methods  of 
teaching,  and  (4)  the  preparation  of  a  thesis  on  one  or  more  elementary 
school  problems,  the  subject  or  subjects  of  which  shall  be  selected  from 
a  list  prescribed  by  the  Superintendent  of  Public  Instruction. 

Second — A  four  year  high  school  certificate  valid  for  teaching  and 
supervising  in  any  high  school  and  in  the  seventh  and  eighth  grades  of 
any  district  in  the  State,  for  which  the  requirements  shall  be:  (1) 
Graduation  from  a  recognized  college  or  university,  or  the  completion 
of  an  equivalent  preparation;  (2)  three  years'  successful  teaching,  two 
of  which  shall  have  been  in  the  State  on  a  first  grade,  a  high  school,  or 
a  supervisory  county  certificate;  (3)  a  successful  examination  in 
English,  educational  psychology,  and  the  principles  and  methods  of 
teaching,  and  (4)  the  preparation  of  a  thesis  on  one  or  more  secondary 
school  problems,  the  subject  or  subjects  of  which  shall  be  selected  from 
a  list  prescribed  by  the  Superintendent  of  Public  Instruction. 

Third — A  four  year  supervisory  certificate,  valid  for  teaching  and 
supervising  in  all  grades  of  the  public  schools  in  any  district  in  the 
State.  The  requirements  for  this  certificate  shall  be:  (1)  Graduation 
from  a  recognized  high  school  and  from  a  recognized  normal  school,  or 
an  equivalent  preparation;  (2)  three  years'  successful  supervision,  two 
of  which  shall  have  been  in  this  State  on  a  county  supervisory  certifi- 
cate; (3)  a  successful  examination  in  English,  educational  psychology, 
sociology,  the  history  of  education,  and  school  organization,  administra- 
tion, and  supervision,  and,  (4)  the  preparation  of  a  thesis  on  one  or 
more  problems  of  school  administration,  the  subject  or  subjects  of  which 
shall  be  selected  from  a  list  prescribed  by  the  Superintendent  of  Public 
Instruction. 

§  5.  The  holder  of  any  State  certificate,  while  he  continues  to 
teach,  shall  annually  before  entering  upon  his  duties,  present  his  certifi- 
cate to  the  county  superintendent  for  registration  and  pay  a  fee  of  one 
dollar  for  the  same,  which  fee  shall  be  covered  into  the  institute  fund. 
State  certificates  in  force  at  the  time  of  the  passage  of  this  Act  shall 
not  have  the  term  of  their  validity  impaired. 

First — A  first  grade  elementary  county  certificate  provided  'for  in 
section  6  of  this  Act,  may  be  exchanged  for  a  State  elementary  certifi- 
cate, provided  the  holder  thereof  files  certified  evidence  of  having  taught 
successfully  for  a  period  of  five  years  and  of  havin.s:  completed  one  year 
of  post  graduate  study  in  a  recognized  normal  school  or  college. 

Second — A  county  high  school  certificate  provided  for  in  section  G 
of  this  Act,  may  be  exchanged  for  a  State  high  school  certificate,  pro- 
vided the  holder  thereof  files  certified  evidence  of  having  taught  suc- 
cessfully for  a  period  of  five  years  and  of  having  completed  one  year 
of  post  graduate  study  in  a  recognized  college  or  university. 

Third — A  county  supervisory  certificate,  provided  for  in  section  6 
of  this  Act,  may  be  exchanged  for  a  State  supervisory  certificate,  pro- 
vided the  holder  thereof  files  certified  evidence  of  five  years  successful 


900  SCHOOLS. 


experience  in  supervision  and  of  having  completed  one  year  of  study  in 
a  recognized  normal  school  or  college  in  addition  to  the  study  required 
for  admission  to  the  examination  for  county  supervisory  certificate. 

§  6.  County  certificates  granted  by  the  county  superintendent  and 
the  requirements  for  the  same  shall  be  as  follows : 

First — A  second  grade  elementary  school  certificate  valid  for  two 
years  in  the  first  eight  grades  of  the  common  schools  of  the  county  and 
in  the  ninth  and  tenth  grades  when  endorsed  for  the  same  by  the  county 
superintendent.  This  certificate  shall  be  renewable  on  evidence  satis- 
factory to  the  county  superintendent  of  six  months'  successful  teaching 
or  twelve  weeks'  professional  training,  and  a  second  time  if  in  the  period 
following  the  date  of  issue  the  holder  shall  have  acquired  eighteen  weeks' 
professional  training  in  any  recognized  school  providing  such  training, 
and,  thereafter,  the  same  shall  be  renewable  indefinitely  for  periods  of 
two  years  upon  evidence  of  successful  teaching  and  professional  growth 
satisfactory  to  the  county  superintendent. 

The  applicant  for  this  certificate  shall  be  examined  in  orthography, 
civics,  Illinois  history,  physiology,  penmanship,  reading,  grammar,  geo- 
graphy, United  States  history,  arithmetic,  general  science,  pedagogy, 
and  the  principles  and  methods  of  the  State  course  of  study.  Gradua- 
tion from  a  recognized  high  school  or  an  equivalent  preparation  shall  be 
required  for  admission  to  the  examination.  At  the  option  of  the  county 
superintendent  this  certificate  may  be  issued  without  examination  to 
persons  who  have  completed  the  junior  year's  work  in  a  recognized 
normal  school  or  its  equivalent. 

Second — A  first  grade  elementary  school  certificate,  valid  for  three 
years  in  the  first  ten  grades  of  the  common  schools  of  the  county,  and 
in  the  high  school  when  endorsed  for  the  same  by  the  county  superin- 
tendent. This  certificate  shall  be  renewable  indefinitely  for  periods  of 
three  years,  upon  evidence  of  successful  teaching  and  professional  growth 
satisfactory  to  the  county  superintendent.  The  requirements  for  this 
form  of  certificate  shall  be :  (1)  Graduation  from  a  recognized  high 
school,  or  an  equivalent  preparation;  (2)  six  months  of  successful 
teaching,  and  (3)  an  examination  in  orthography,  including  spelling, 
civics,  Illinois  history,  physiology,  arithmetic,  pedagogy,  English,  alge- 
bra, general  history,  and  any  three  of  the  following  natural  sciences : 
Botany,  zoology,  physics,  chemistry  and  physiography.  This  certificate 
shall  be  issued  to  graduates  of  a  recognized  normal  school,  or  from  an 
institution  offering  an  equivalent  preparation,  provided  the  applicant 
has  had  one  year  of  successful  practice  teaching,  and  applies  for  the 
certificate  within  three  years  after  graduation. 

Third — A  high  school  certificate,  valid  for  three  years  in  the  high 
school,  and  also  in  the  seventh  and  eighth  grades  of  the  county. 

This  certificate  shall  be  renewable  indefinitely  for  periods  of  three 
years  on  evidence  satisfactory  to  the  county  superintendent  of  successful 
teaching  or  supervision  and  professional  growth.  The  requirements  for 
this  form  of  certificate  shall  be:  (1)  Graduation  from  a  recognized 
high  school,  or  an  equivalent  preparation;  (2)  a  certificate  showing  the 


schools.        •  901 


completion  of  at  least  two  years'  successful  work  in  any  recognized 
higher  institution  of  learning,  and  (3)  an  examination  in  English, 
pedagogy,  and  six  high  school  subjects,  three  majors  and  three  minors, 
chosen  from  a  list  prescribed  by  the  Examining  Board  hereinafter  pro- 
vided for:  as  follows;  one  subject  from  each  of  the  following  groups: 

(1)  Mathematics 

(2)  History 

(3)  Science 

(4)  Language  or  literature, 

and  two  other  subjects  chosen  from  the  list  of  high  school  subjects. 
Provided,  however,  that  graduates  of  a  recognized  normal  school,  college, 
or  university  may  offer  within  three  years  after  graduation,  certified 
credits  in  lieu  of  examination  in  the  above  subjects  accompanied  by 
faculty  recommendations  of  ability  to  teach  in  the  high  school. 

Fourth — A  supervisory  certificate,  valid  for  three  years  for  teach- 
ing and  supervising  in  any  and  all  grades  of  the  public  schools  in  any 
district  in  the  county.  This  certificate  shall  be  renewable  for  three-year 
periods  on  satisfactory  evidence  of  successful  teaching  or  supervision, 
and  of  professional  growth.  The  requirements  of  this  certificate  shall 
be:  (1)  Graduation"  from  a  recognized  high  school  and  at  least  two 
years'  work  in  a  recognized  higher  institution,  one  of  which  shall  have 
been  in  a  normal  school,  or  an  equivalent  preparation;  (2)  two  years' 
successful  teaching  or  supervision,  and  (3)  a  successful  examination  in 
English,  educational  psychology,  the  history  of  education  and  school 
administration. 

Fifth— A  kindergarten  primary  certificate,  valid  for  two  years  in 
any  kindergarten  and  in  the  first  two  grades  of  the  common  schools  of 
the  county,  providing  the  kindergarten  training  school  of  which  the 
applicant  is  a  graduate  gives  adequate  preparation  for  the  first  two 
grades  of  work.  This  certificate  shall  be  renewable  for  two-year  periods 
on  evidence  of  successful  teaching  satisfactory  to  the  county  superin- 
tendent. The  requirements  for  this  form  of  certificate  shall  be  gradu- 
ation from  a  recognized  high  school  and  from  a  recognized  kindergarten 
training  school,  or  the  completion  of  an  equivalent  course;  or  in  lieu  of 
graduation  from  such  training  school,  such  examination  in  English, 
and  the  theory  and  practice  of  kindergarten  and  primary  work  as  may 
be  prescribed  by  the  Examining  Board. 

Sixth — A  special  certificate,  valid  for  two  years  in  the  common 
schools  of  the  county,  renewable  for  two-year  periods.  Such  certificate 
shall  be  issued  in  music,  drawing,  agriculture,  manual  training,  domestic 
science,  domestic  art,  physical  training,  penmanship,  bookkeeping,  Ger- 
man, and  such  other  subjects  as  may  be  added  by  the  Examining  Board 
and  shall  authorize  the  holder  to  teach  only  the  subject  or  subjects  named 
in  the  certificate.  The  requirements  for  this  form  of  certificate  shall  be 
graduation  from  a  recognized  high  school,  or  an  equivalent  preparation, 
and  a  certificate  showing  the  completion  in  a  recognized  higher  institu- 
tion of  learning  of  at  least  two  years'  special  training  in  the  special 
subject  or  subjects,  certified  credits  in  English  and  the  principles  and 


902  SCHOOLS. 


methods  of  teaching,  and  satisfactory  evidence  that  the  applicant  has 
taught  or  can  teach  the  subjects  successfully.  In  lieu  of  such  special 
training  and  certified  credits  a  special  certificate  may  be  obtained  by  an 
examination  in  English  and  the  principles  and  methods  of  teaching 
and  in  the  special  subject  or  subjects.  (As  amended  by  an  Act  approved 
June  23,  1915.) 

§  7.  The  county  superintendent  is  hereby  authorized  to  issue  a 
provisional  certificate  valid  for  one  year  to  persons  of  his  or  other 
counties  who  fall  below  the  required  minimum  or  average  in  an  exam- 
ination for  second  grade  certificate.  This  certificate  may  be  issued 
without  examination  to  persons  who  have  completed  two  years  of  work 
in  a  recognized  normal  school,  or  one  year  of  such  work  if  the  applicant 
is  a  graduate  of  the  tenth  grade.  Such  certificates  shall  be  designated 
on  their  face,  "Provisional/'  and  the  same  shall  not  be  renewable  or 
issued  the  second  time  to  the  same  ]3erson.  The  county  superintendent 
is  also  authorized  to  issue  at  any  time,  upon  evidence  satisfactory  to 
himself,  that  the  applicant  possesses  the  prerequisites  and  qualifications 
for  such  certificate,  a  county  certificate  of  any  grade,  such  certificate  to 
be  designated  on  its  face  '•'Emergency/'  This  certificate  shall  be  valid 
only  until  the  next  regular  examination,  and  in'  the  county  of  issue. 
Provisional  and  second  grade  certificates  are  valid  for  teaching  only. 
First  grade  elementary  certificates  and  high  school  certificates  shall  be 
valid  for  supervision  in  all  positions  where  the  principal  or  superin- 
tendent teaches  one-half  or  more  of  the  time.  County  certificates  issued 
without  examination,  as  herein  provided,  shall  have  that  fact  stated  on 
the  certificate  and  a  certified  copy  of  credits  shall  be  filed  with  the 
application.  No  certificate  shall  be  issued  by  a  county  superintendent 
upon  certified  credits  filed  in  lieu  of  examination  until  such  credits 
have  been  approved  by  the  Examining  Board. 

§  8.  For  the  purpose  of  carrying  out  the  provisions  of  this  Act 
with  regard  to  county  certificates  there  is  hereby  created  an  Examining 
Board  to  consist  of  the  Superintendent  of  Public  Instruction  who  shall 
be  ex-officio  chairman,  one  person  who  is  engaged  in  educational  work. 
to  be  appointed  by  him  for  a  term  of  four  years,  and  three  county 
superintendents,  each  to  serve  for  three  years,  one  to  be  appointed 
annually  by  the  Superintendent  of  Public  Instruction  upon  the  recom- 
mendation of  the  county  superintendents'  section  of  the  State  teachers' 
association  at  its  annual  meeting.  The  first  year  of  the  terms  of  the 
members  of  the  board  shall  end  on  January  1,  following  the  going  into 
effect  of  this  Act.  The  necessary  traveling  expenses  of  the  board  and 
such  other  expenses  as  are  necessary  in  carrying  out  the  provisions  of 
this  Act  shall  be  provided  through  the  State  Department  of  Education. 
Tbe  Superintendent  of  Public  Instruction  shall  have  the  power  to  fill 
vacancies  until  the  next  annual  meeting  of  the  State  teachers'  associa- 
tion. If  a  member  of  this  board  ceases  to  be  a  county  superintendent, 
be  ceases  to  be  a  member  of  the  board.  Examinations  for  county  certifi- 
cates shall  be  held  at  the  various  county  seats  on  the  same  day  at  least 
three  times  each  year  and  under  such  rules  as  may  be  prescribed  by  the 


SCHOOLS.  903 


Examining  Board.  Questions  for  each  examination  shall  be  uniform 
throughout  the  State,  and  shall  he  prepared  by  said  hoard  and  forwarded 
to  the  county  superintendents  under  seal,  to  he  broken  only  at  the  time 
of  opening  the  examination  and  in  the  presence  of  the  applicants.  The 
county  superintendent  shall  conduct  the  examination  in  his  county,  and 
at  the  close  of  the  same  shall  forward  all  papers  to  the  Examining 
Board.  The  grades  shall  be  returned  to  the  county  superintendent,  who 
shall  issue  the  certificate  of  the  kind  designated"  to  each  applicant  in 
his  county  who  has  passed  the  examination,  if  in  his  judgment  the  per- 
sonality of  such  applicant  and  his  general  qualifications  other  than 
scholarship,  fit  him  for  the  work  which  the  certificate  would  authorize 
him  to  perform.  The  papers  shall  be  kept  on  file  for  six  months  for 
reference  by  the  applicant  or  the  county  superintendent.  The  Examin- 
ing Board  shall  have  the  power  to  make  and  prescribe  the  forms  of 
applications  for  teachers'  certificates  and  for  the  annual  registration  and 
renewal  of  teachers'  certificate;  to  make  and  prescribe  the  form  of 
records,  of  issuing,  of  registering  and  renewing  of  teachers'  certificates 
by  the  county  superintendents,  and  to  require  of  county  superintendents 
quarterly  and  annual  reports  of  such  data  concerning  the  certification  of 
teachers,  and  to  make  and  prescribe  such  rules  and  regulations  as  may 
become  necessary  for  the  proper  administration  of  this  Act. 

§  13.  Every  applicant  for  a  county  certificate  shall  pay  a  fee  of 
one  dollar  for  each  examination.  All  county  certificates  shall  be  an- 
nually registered  and  endorsed  before  the  holder  begins  to  teach  and 
a  fee  of  one  dollar  shall  be  charged  for  the  same. 

§  15.  By  the  words  [word]  "recognized,"  as  used  in  this  Act  in 
connection  with  the  word  [words]  "school,"  "college,"  or  "university,"  is 
meant  such  school,  college  or  university  as  maintains  an  equipment, 
course  of  study  and  standard  of  scholarship  approved  by  the  Superin- 
tendent of  Public  Instruction  or  the  Examining  Board,  according  to  the 
certificate  to  which  it  pertains.  The  term  "equivalent  preparation,"  as 
used  in  this  Act,  shall  be  interpreted  and  determined  by  the  Superin- 
tendent of  Public  Instruction  or  the  Examining  Board,  according  to  the 
certificate  to  which  it  pertains. 

§  20.  The  Superintendent  of  Public  Instruction  may  recognize 
and  honor  any  State  certificate  of  another  state  obtained  under  con- 
ditions similar  to  those  in  Illinois.  The  county  superintendent  of 
schools  may  recognize  and  honor  any  certificate  of  another  state  ob- 
tained under  conditions  similar  to  those  in  Illinois,  under  such  rules 
as  may  be  prescribed  by  the  Examining  Board,  except  that  certificates 
the  equivalent  of  the  provisional  and  second  grade  elementary  certifi- 
cates described  in  this  Act  shall  not  be  subject  to  recognition. 

Approved  June  2S,  1919. 


904 


SCHOOLS. 


COMMUNITY    CONSOLIDATED    SCHOOL    DISTRICTS. 


§   84e. 


§    84f. 


When  territory  shall 
be  deemed  duly  or- 
ganized —  true  and 
correct  map  of  such 
district  to  be  filed 
with  county  clerk. 

To  be  governed  by 
boards  of  eduaction 
— c  o  u  n  t  y  superin- 
tendent of  schoo's 
to  call  election — pe- 
titions of  candidates 
— returns  of  election. 


§    84g.   Annexations      to      such 
school    districts. 


§    1.     Adds    sections    84a,    84b,    84c,    84d, 
84e,    84f   and    84g,    Act   of    1909. 

§  84a.  What  may  be  organ- 
ized as  such  school 
district. 

§    84b.   Petition   for   election. 

§  84c.  Number  of  signatures 
to  petition  —  notices 
of  election  to  be 
posted  —  form  of 
notice — form  of  bal- 
lots —  who  shall 
furnish    ballots,    etc. 

§  84d.  Where  election  shall 
be  held  —  who  shall 
appoint  judges  and 
clerks. 

(Senate    Bill    No.    342.     Approved    June   24,    1919.) 

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,  as 
amended,  by  .adding  thereto  seven  new  sections,  to  be  known  as  sec- 
tions 84a,  81j.b,  84-c,  84d,  8J>e,  81ff  and  8kg- 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled,  "An  Act  to  estab- 
lish and  maintain  a  system  of  free  schools,"  approved  and  in  force  June 
12,  1909,  as  amended,  is  amended  by  adding  thereto  seven  new  sections, 
to  be  known  as  sections  84a,  84b,  84c,  84d,  84e,  84f  and  84g,  to  read  as 
follows : 

Community  Consolidated  School  Disteicts. 

§  84a.  Subject  to  the  conditions  of  sections  84c,  84d,  84e,  84f 
and  84g  of  this  Act,  any  compact  and  contiguous  territory  bounded  by 
school  district  lines  may  be  organized  into  a  community  consolidated 
school  district. 

§  84b.  Upon  presentation  of  a  petition  as  hereinafter  provided, 
the  proper  county  superintendent  of  schools  shall  submit  to  the  voters 
of  any  compact  and  contiguous  territory  bounded  by  school  district  lines 
the  question  of  organizing  such  territory  into  a  community  consolidated 
school  district  at  an  election  to  be  called  by  him  for  that  purpose.  Such 
election  shall  be  held  not  less  than  thirty  clays  nor  more  than  sixty  days 
after  the  filing  of  the  petition. 

§  84c.  The  petition  herein  provided  for  shall  be  signed  by  at  least 
twenty  per  cent  of  the  legal  voters  of  such  territory,  but  in  no  case  shall 
more  than  two  hundred  signatures  be  necessary  to  make  valid  any  peti- 
tion. The  petition  shall  pray  that  the  question  of  erecting  [creating] 
such  territory  into  a  community  consolidated  school  district,  shall  be  sub- 
mitted to  the  voters  of  such  territory,  and  shall  be  filed  with  the  county 
superintendent  of  schools  in  the  county  in  which  the  larger  portion  of 
such  territory  is  situate,  not  less  than  thirty  days  prior  to  the  submission 
of  such  question  to  the  voters.  Such  petition  shall  also  describe  with  par- 
ticularity the  territory  proposed  to  be  organized  into  a  community  con- 
solidated school  district. 


SCHOOLS.  905 


Notices  of  such  election  shall  be  posted  in  at  least  ten  of  the  most 
public  places  in  such  territory  for  at  least  ten  days  prior  to  the  date  fixed 
for  the  holding  of  such  election,  and  shall  be  in  substantially  the  follow- 
ing form: 

Notice  of  Election 

Notice  is  hereby  given  that  on the ....  day  of 

A.  D.  19. . . .,  an  election  will  be  held  at ,  for  the  purpose 

of  voting  "for"  or  "against"  the  proposition  to  create  a  community  con- 
solidated school  district  out  of  the  following  described  territory,  to-wit: 
(Here  describe  the  territory) . 

The  polls  will  be  opened  at o'clock,   .  .  .  M,  and  be  closed  at 

o'clock,  .  .  .  M. 


County  Superintendent  of  Schools. 
The  ballots  for  use  in  such  election  shall  be  in  substantially  the 
following  form : 


For  the  proposition  to  create  a  community  consolidated 
school  district 


Against  the  proposition  to  create  a  community  consoli- 
dated school  district 


The  county  superintendent  of  schools  calling  the  election  shall  fur- 
nish all  ballots,  ballot  boxes,  tally  sheets,  poll  books,  forms  and  blanks 
necessary  for  the  proper  holding  of  the  election. 

§  84d.  Such  election  shall  be  held  at  such  polling  place  or  places 
as  shall  be  designated  by  the  county  superintendent  of  schools  calling  the 
election,  and  to  the  extent  that  the  same  are  applicable,  shall  be  governed 
by  the  laws  governing  the  election  of  school  directors.  Such  county 
superintendent  of  schools  shall  appoint  necessary  judges  and  clerks  of 
election.  If  any  judge  or  clerk  of  election  shall  fail  to  attend  or  refuse 
to  qualify,  the  legal  voters  present  shall  choose  from  their  number  some 
one  to  act  in  his  stead.  Eeturns  of  the  election  shall  be  made  to  the 
county  superintendent  of  schools. 

The  polls  shall  be  open  for  at  least  three  consecutive  hours. 

§  84e.  If  a  majority  of  the  legal. voters  voting  at  such  election 
on  the  question  so  submitted,  shall  vote  in  favor  thereof,  the  territory 
described  in  the  petition  shall  be  deemed  duly  organized  as  a  community 
consolidated  school  district  and  shall  have  the  same  powers  and  duties 
as  other  school  districts  under  the  laws  of  this  State. 

The  county  superintendent  of  schools  calling  the  election  shall  file 
or  cause  to  be  filed  with  the  county  clerk  of  each  county  in  which  any 
part  of  the  territory  so  organized  as  a  community  consolidated  school 
district  is  located,  a  true  and  correct  map  of  such  community  consolidated 
school  district. 


i06  SCHOOLS. 


§  841  Community  consolidated  school  districts  shall  be  governed 
by  boards  of  education  composed  of  a  president  and  six  members  who 
shall  be  elected  for  the  same  terms  and  in  the  same  manner  as  boards  of 
education  in  school  districts  having  a  population  of  not  less  than  1,000 
nor  more  than  100,000  inhabitants.  Boards  of  education  in  community 
consolidated  school  districts  shall  perform  the  same  duties  and  exercise 
the  same  powers  as  are  imposed  and  conferred  upon  boards  of  education 
in  school  districts  having  a  population  of  not  less  than  1,000  nor  more 
than  100,000  inhabitants,  and  shall  also  exercise  any  and  all  powers 
granted  to  boards  of  school  directors  under  the  provisions  of  section 
121a  of  this  Act. 

Immediately  after  the  formation  of  any  community  consolidated 
school  district  the  county  superintendent  of  schools  of  the  county  in 
which  the  greater  portion  of  such  district  is  situate  shall  call  an  election 
for  the  purpose  of  electing  a  board  of  education  for  such  district.  Such 
election  shall  be  held  not  less  than  thirty  days  after  the  organization  of 
such  district. 

Petitions  for  nomination  as  candidates  for  president  and  members 
of  the  first  board  of  education  shall  be  filed  with  the  county  superin- 
tendent of  schools  calling  the  election  and  in  all  others  respects  shall 
conform  to  the  requirements  contained  in  section  126a  of  this  Act.  Of 
the  six  members  of  the  first  board  of  education  two  members  shall  be 
elected  each  for  a  term  of  one  year,  two  members  each  for  a  term  of 
two  years,  and  two  members  each  for  a  term  of  three  years  from  the 
third  Saturday  in  April  next  preceding  their  election.  Annually  there- 
after on  the  third  Saturday  of  April  two  members  of  such  board  shall 
be  elected  each  for  a  term  of  three  years.  The  president  of  the  first 
board  of  education  shall  serve  for  one  year  from  the  third  Saturday  in 
April  next  preceding  his  election. 

The  election  for  the  first  board  of  education  shall  be  held  at  such 
polling  place  or  places  as  shall  be  designated  by  the  county  superin- 
tendent of  schools  calling  the  election.  Such  county  superintendent  of 
schools  shall  appoint  necessary  judges  and  clerks  of  election  and  shall 
furnish  all  ballots,  ballot  boxes,  tally  sheets,  poll  books,  forms  and 
blanks  necessary  for  the  proper  holding  of  the  election.  ExcejDt  as 
herein  otherwise  provided  such  election  shall  be  governed  by  the  pro- 
visions of  sections  126  and  126a  of  this  Act.  Eeturns  of  the  election 
shall  shall  be  made  to  the  county  superintendent  of  schools  calling  the 
election. 

Annexations  to  Community  Consolidated  School  Districts. 

§  84-g.  With  the  consent  of  a  majority  of  the  members  of  the 
board  of  education  of  a  community  consolidated  school  district,  terri- 
tory adjacent  to  such  district,  may  be  annexed  thereto,  in  the  manner 
hereinafter  prescribed. 

Upon  presentation  of  a  petition,  signed  by  not  less  than  twenty 
per  cent  of  the  legal  voters  of  the  territory,  consisting  of  one  school 
district  or  less,  adjacent  to  a  community  consolidated,  school  district, 
praying  for  the  annexation  of  such  territory  to  such  community  con- 


SCHOOLS.  907 


solidated  school  district,  the  county  superintendent  of  schools  of  the 
county  in  which  the  greater  portion  of  such  territory  is  situate,  shall 
submit  the  question  of  annexing  such  territory  to  such  community  con- 
solidated school  district,  to  the  voters  of  such  territory,  at  an  election 
to  be  called  by  him  for  that  purpose :  Provided,  that  no  more  than  two 
hundred  signatures  shall  be  required  to  make  valid  any  such  petition. 

Such  election  shall  be  called  and  held  in.  accordance  with  the  pro- 
visions of  sections  84b,  84c  and  84d  of  this  Act,  so  far  as  the  same  are 
applicable. 

If  a  majority  of  the  voters  voting  at  the  election  on  the  question 
so  submitted,  shall  vote  in  favor  thereof,  such  adjacent  territory  shall 
be  deemed  a  part  of  such  community  consolidated  school  district,  and 
a  true  and  correct  map  of  the  territory  so  annexed  shall  be  filed  by  the 
county  superintendent  of  schools  calling  the  election,  in  the  office  of 
the  county  clerk  of  each  county  in  which  a  part  of  such  adjacent  terri- 
tory shall  be  situated. 

Approved  June  24,  1919. 

COMMUNITY  HIGH   SCHOOL  DISTRICTS. 

§   1.     Legalizing  community  high  school        §   4.     All  pending  actions  shall  abate, 
districts. 

§   5.     Invalidity    of    any    section    not    to 
§   2.     All    authorized    acts    and    proceed-  affect  remainder, 

ings  declared  legal  and  valid. 

§   6.     Emergency. 
§    3.     District  first  established  validated 
and  confirmed. 

(House  Bill  No.   362.     Approved  Mat   1,   1919.) 

An  Act  to  legalize  the  organization  of  certain  high  school  districts. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cases  where  a  ma- 
jority of  the  inhabitants  of  any  compact  and  contiguous  territory  voting 
on  the  proposition,  having  voted  at  any  election  called  for  the  purpose 
by  the  county  superintendent  of  schools,  in  favor  of  the  organization 
of  such  territory  into  a  community  high  school  district,  and  when  at 
a  subsequent  election  similarly  called  and  held  a  board  of  education 
has  been  chosen  for  such  district,  each  such  election  is  hereby  made 
legal  and  valid  and  such  territory  is  hereby  declared  legally  and  validly 
organized  and  established  as  a  high  school  district,  and  a  valid  and 
existing  school  district  and  body  politic  and  corporate  of  the  State  for 
the  purpose  of  establishing  and  maintaining  a  high  school.  The  board 
of  education  acting  for  each  such  district  is  hereby  declared  to  be  the 
duly  constituted  corporate  authority  thereof,  and  each  such  board  shall 
hereafter  consist  of  five  members,  and  shall  be  elected  and  organized  in 
the  same  manner  and  have  the  powers  and  discharge  the  duties  of 
boards  of  education  of  school  district  as  provided  by  sections  86,  12  G 
and  127  of  an  Act  entitled  "An  Act  to  establish  and  maintain  a  system 
of  free  schools''  approved  and  in  force  June  12,  1909,  as  said  sections 
now  exist  or  may  from  time  to  time  be  amended. 

§  2.  All  acts  and  proceedings  heretofore  done,  had  or  performed, 
by  each  such  district  and  the  persons  from  time  to  time  elected  and 
acting  as  the  board  of  education  thereof,  such  as  are  authorized  to  be 
done,  had  or  performed  by  school  districts  or  boards  of  education  there- 


908  SCHOOLS. 


of  by  the  general  school  laws  of  the  State,  are  hereby  declared  to  be 
legal  and  valid  in  all  respects,  anything  in  any  special  charter  to  the 
contrary  notwithstanding'. 

§  3.  "Whenever  there  are  two  such  districts  which  overlap  in  ter- 
ritory, that  district  which  shall  have  first  established  and  now  continues 
to  conduct  a  high  school,  is  hereby  validated  and  confirmed. 

§  4.  All  pending  actions  attacking  the  organization  of  districts 
coining  under  the  provisions  of  this  Act  shall  abate. 

§  5.  The  invalidity  of  any  section  of  this  Act  shall  not  affect  the 
remainder  thereof. 

§  6.  Whereas,  an  emergency  exists,  therefore  this  Act  shall  be 
in  full  force  and  effect  from  and  after  its  passage  and  approval. 

Approved  May  1,  1919. 

COMMUNITY  HIGH  SCHOOLS. 

§   1.     Adds  section  89a,   Act  of  1909.  §    89a.  Petition    for    establishing 

—  form  of  notice  ot 
election — ballot —  when 
board  shall  organize — 
term  of  members  — 
duty  of  board  to  estab- 
lish   such    high    school. 

(House  Bill  No.  314.     Approved  June  28,  1919.) 

An  Act  to  amend  an  Act  entitled  "An  Act  to  establish  and  main- 
tain a  system  of  free  schools"  approved  and  in  force  June  12,  1909, 
by  adding  thereto  a  section  to  be  numbered  89a. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled  "An  Act 
to  establish  and  maintain  a  system  of  free  schools",  approved  and  in 
force  June  12,  1909,  be  and  the  same  is  hereby  amended  by  adding 
thereto  a  section  to  be  numbered  89a  which  shall  read  as  follows : 

§  89a.  Upon  the  receipt  of  a  petition  signed  by  fifty  or  more  legal 
voters  residing  in  any  continguous  and  compact  territory,  whether  in 
the  same  or  different  townships,  described  in  the  petition,  the  county 
superintendent  of  schools  of  the  county  in  which  the  territory  or  the 
greater  part  thereof  is  situated,  shall  order  an  election  to  be  held  for 
the  purpose  of  voting  for  or  against  the  proposition  to  establish  a  com- 
munity high  school,  by  posting  notices  for  at  least  ten  days  in  ten  of 
the  most  public  places  throughout  the  said  territory,  which  notices 
may  be  substantially  in  the  following  form,  to-wit : 

Notice  of  Election. 

Notice  is  hereby  given  that  on the 

day  of ,  19 ,  an  election  will  be  held  at 

for  the  purpose  of  voting  for  or  against  the  proposition  to  establish  a 
community  high  school  for  the  benefit  of  the  inhabitants  of  the  follow- 
ing described  conting'uous  and  compact  territory,  to-wit : 


The  polls  will  be  opened  at o'clock m,  and  closed  at 

o'clock m  of  the  same  day. 

A ..B 

Count v  Superintendent 
Dated  this 1919. 


schools.  909 


The  county  superintendent  of  schools  shall  establish  one  or  more 
polling  places  within  the  territory  described  in  the  petition  and  ap- 
point two  judges  and  a  clerk  for  each  polling  place.  The  ballots  shall 
be  in  substantially  the  following  form,  to-wit: 


Official  Ballot 


For  the  establishment  of  a  community  high  school 


Against  the  establishment  of  a  community  high  school 


The  voter  shall  make  a  cross-mark  in  the  square  following  and  op- 
posite the  proposition  favored  and  the  ballot  shall  be  so  counted.  The 
returns  shall  be  made  to  the  county  superintendent  of  schools  within 
5  days. 

If  a  majority  of  the  votes  cast  at  the  election  shall  be  in  favor  of 
establishing  a  community  high  school,  the  county  superintendent  of 
schools  shall  forthwith  order  an  election  to  be  held  within  30  days, 
for  the  purpose  of  selecting  a  community  high  school  board  of  educa- 
tion to  consist  of  five  members,  by  posting  notices  for  at  least  10  days 
in  ten  of  the  most  public  places  throughout  the  district,  which  notices 
shall  be  substantially  as  follows : 

Notice  of  Election 

Notice  is  hereby  given  that  on the 

day  of ,  19 ,  an  election  will  be  held  at 

for  the  purpose  of  electing  a  community  high  school  board  of  educa- 
tion, to  consist  of  five  members.     The  polls  will  be  opened  at 

o'clock m.,  and  closed  at o'clock m  of  the  same 

day. 

A B. 

County  Superintendent. 

Dated  this 1919. 

The  county  superintendent  of  schools  shall  establish  one  or  mofe 
polling  places  within  the  district  and  appoint  two  judges  and  a  clerk 
for  each  polling  place.  The  returns  shall  be  made  to  'the  county  super- 
intendent of  schools  within  five  days. 

"Within  ten  days  after  their  election,  the  members  of  the  community 
high  school  board  of  education  shall  meet  and  organize  by  electing  one 
of  their  number  president  and  by  electing  a  secretary;  also,  determine 
by  lot  the  time  each  member  is  to  serve.  Two  of  the  members  shall 
serve  for  one  year,  two  for  two  years  and  one  for  three  years,  from  the 
second  Saturday  in  April  next  preceding  their  election.  At  the  expira- 
tion of  the  term  of  office  of  any  member  or  members,  a  successor  or 
successors  shall  be  elected,  each  of  whom  shall  serve  for  three  years. 
All  subsequent  elections  shall  be  held  on  the  second  Saturday  in  April, 


910 


SCHOOLS. 


annually.  The  manner  of  holding  elections  shall  be  governed  by  sec- 
tion 86  of  this  Act.  In  case  of  a  vacancy  the  remaining  members 
shall  appoint  a  successor  for  the  unexpired  term.  It  shall  be  the  duty 
of  the  community  high  school  board  of  'education  to  establish  at  some 
central  point  most  convenient  to  a  majority  of  the  pupils  of  the  dis- 
trict a  community  high  school  with  a  program  of  studies  extending 
through  four  school  years. 

Approved  June  28,  1919. 


COMPULSORY  ATTENDANCE. 


Amends  sections  274  and  275,  Act 
of  1909. 

§  274.  Compulsory  attend- 
ance —  exception  — 
appointment  of  tru- 
ant officer. 


§    275. 


To  furnish  teachers 
with  list  of  names 
—  notice  —  duty  of 
truant   officer. 


(House    Bill   No.    399.  Approved    June    28,    1919.) 

An  Act  to  amend  sections  211+  and  275  of  an  Act  entitled,  "An  Act  to 
establish  and  maintain  a  system  of  free  schools",  approved  and  in 
force  June  12,   1909,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  274  and  275  of 
an  Act  entitled,  "An  Act  to  establish  and  maintain  a  system  of  free 
schools/'  approved  and  in  force  June  12,  1909,  as  amended,  are  amend- 
ed to  read  as  follows: 

§  274.  Everyt  person  having  control  of  any  child  between  the  ages 
of  seven  and  sixteen  years,  shall  annually  cause  such  child  to  attend 
some  public  or  private  school  for  the  entire  time  during  which  the 
school  attended  is  in  session,  which  shall  not  be  less  than  seven  months 
of  actual  teaching:  Provided,  that  in  the  following  cases  children  shall 
not  be  reauired  to  attend  the  public  schools: 

(a)  Any  child  who  is  being  taught  in  a  private  or  a  parochial 
school  in  such  branches  as  are  taught  to  children  of  corresponding  age 
and  grade,  in  the  public  schools,  or  who,  upon  the  completion  of  the 
work  in  such  schools,  shall  present  satisfactory  evidence  to  the  county 
superintendent  of  schools,  and,  in  appropriate  cases,  to  the  superin- 
tendent of  city  schools,  that  he  has  completed'  sufficient  work  to  en- 
title him  to  an  eighth  grade  diploma : 

(b)  Any  child  who  is  physically  unable  to  attend  school,  such 
disability  being  certified  to  the  county  truant  officer  by  a  competent 
physician ; 

(c)  Children  over  fourteen  years  of  age,  who  are  necessarily  and 
lawfully  employed,  may  be  excused  from  attendance  at  school  by  the 
county  superintendent  of  schools  or  the  city  superintendent  of  schools, 
on  the  recommendation  of  the  board  of  directors  or  board  of  education 
of  the  district  in  which  such  children  reside,  and  said  board  shall  cer- 
tify as  may  be  demanded,  the  facts  in  all  such  cases ; 

(d)  Any  child  from  twelve  to  fourteen  years  of  age  while  in  at- 
tendance at  confirmation  classes  conducted  not  less  than  five  months 
in  either  of  said  years. 


schools.  911 


In  case  any  person  having  control  of  a  child  between  the  ages 
provided  in  this  Act,  shall  fail  to  comply  with  the  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor  and  shall,  on  conviction 
thereof,  be  fined  not  less  than  five  dollars  nor  more  than  twenty  dollars 
and  cost  of  suit,  and  shall  stand  committed  until  such  line  and  costs 
of  suit  are  paid. 

The  county  superintendent  of  schools  in  each  county  shall  appoint 
a  county  truant  officer  who  shall  be  an  assistant  county  superintendent 
of  schools  and  who  shall  possess  the  qualifications  required  in  this  Act. 
Such  assistant  county  superintendent  of  schools  shall  receive  such  com- 
pensation as  may  be  fixed  by  the  board  of  county  commissioners  or 
board  of  supervisors,  as  the  case  may  be,  together  with  his  necessary 
traveling  expenses,  to  be  paid  out  of  the  county  treasury.  Such  assist- 
ant superintendent  shall  file  his  acceptance  with  the  county  clerk  and 
shall  take  and  subscribe  an  oath  of  office.  He  shall  also  file  with  such 
clerk  a  bond  in  the  penal  sum  of  $1,000,  conditioned  for  the  faithful 
performance  of  his  duties  as  such  officer,  to  be  approved  by  the  county 
judge  of  his  county.  Said  assistant  superintendent  shall  perform  the 
duties  of  truant  officer  in  all  the  school  districts  of  the  county;  j>ro- 
vided,  that  in  all  graded  school  districts  having  a  board  of  education, 
the  said  board  of  education  shall  have  authority  to  appoint  one  or  more 
truant  officers  and  fix  the  compensation  of  the  same,  said  compensation 
to  be  paid  by  the  district. 

It  shall  be  the  duty  of  the  truant  officer  of  the  graded  school  dis- 
trict, whenever  notified  by  the  superintendent,  teacher,  or  other  person 
or  persons  of  violations  of  this  Act,  or  the  county  truant  officer,  when 
notified  by  the  county  superintendent,  to  investigate  all  such  cases  of 
truancy  or  non-attendance  at  school  in  their  respective  jurisdictions, 
and  if  the  children  complained  of  are  not  exempt  under  the  provisions 
of  this  Act,  then  he  shall  proceed  as  is  provided  in  the  provisions  of 
this  Act. 

§  275.  (a)  It  shall  be  the  duty  of  the  county  superintendent 
of  schools  to  furnish  the  truant  officer  of  the  county,  at  the  opening  of 
the  schools,  with  a  list  of  the  teachers  and  superintendents  employed 
in  his  county  other  than  in  such  city  graded  school  districts  as  employ 
truant  officers. 

It  shall  be  the  duty  of  the  clerk  of  the  board  of  directors  of  all 
school  districts  except  such  graded  districts  as  employ  district  truant 
officers,  to  provide  the  teacher  at  the  beginning  of  the  school,  a  list  of 
the  names  and  addresses  of  the  children  living  in  the  district  who 
come  under  the  provisions  of  this  Act,  together  with  the  names  and 
addresses  of  persons  having  control  of  such  children.  The  teacher  shall 
at  the  opening  of  school  and  at  such  other  times  as  may  be  required 
by  the  county  superintendent  of  schools,  compare  the  said  list  with 
the  enrollment  of  the  school  and  report  to  the  county  superintendent 
of  schools  the  names  of  persons  having  control  of  children  included 
under  the  provisions  of  this  Act  who  are  not  in  regular  attendance  at 
the  public  school,  together  with  the  names  of  such  children  and  their 
respective  ages,  stating  in  each  case,  if  known,  the  cause  of  such  absence, 
and  shall  also  report  the  names  of  any  other  persons  having  the  con- 


912  SCHOOLS. 


trol  of  children  who  were  not  enumerated  in  the  list  at  the  beginning 
of  school,  and  who  do  not  attend  school.  The  county  superintendent 
shall,  without  delay,  place  such  information  at  the  disposal  of  the 
county  truant  officer. 

In  all  graded  school  districts  the  secretary  of  the  board  of  educa- 
tion shall,  at  the  beginning  of  each  school  year,  furnish  a  copy  of  the 
last  school  census  to  the  superintendent  of  schools  in  any  such  district,, 
together  with  the  names  and  addresses  of  the  truant  officers  in  such 
district,  and  it  shall  be  the  duty  of  said  superintendent,  to  compare  such 
census  list  with  the  enrollment  of  the  school  or  schools  and,  from  time 
to  time,  as  it  may  be  necessary,  report  to  the  proper  truant  officers 
the  names  and  addresses  of  persons  having  control  of  children  included 
uuder  the  provisions  of  this  Act,  who  are  not  in  regular  attendance  at 
public  schools  and  also  the  names  of  persons  in  control  of  children  who 
are  not  in  regular  attendance  at  school  and  whose  names  are  not  in- 
cluded in  the  census  list. 

(b)  In  case  any  person  shall  fail  to  send  any  child  or  children 
under  his  control  to  some  lawful  school  the  truant  officer,  upon  having 
proper  notice  thereof,  shall,  as  soon  as  practicable  thereafter,  give  no- 
tice in  person  or  by  mail  to  the  person  having  control  of  such  child 
or  children,  that  such  child  or  children  under  his  control  shall  be  pres- 
ent at  the  proper  public  school  on  the  day  following  the  receipt  of  such 
notice.  Said  notice  shall  inform  the  person  having  control  of  such  child 
or  children  of  the  date  that  attendance  must  begin  and  that  such  at- 
tendance at  school  must  be  continuous  and  consecutive  during  the  re- 
maining school  year  .as  taught  in  the  district.  The  truant  officer  shall 
at  the  same  time  that  the  said  notice  is  given  to  the  person  having 
control  of  said  child  or  children  notify  the  teacher  or  superintendent 
of  the  fact  of  notice  and  it  shall  be  the  duty  of  the  teacher  or  super- 
intendent to  notify  the  truant  officer  of  the  failure  on  the  part  of  such 
person  having  the  child  or  children  in  control  to  comply  with  said 
notice. 

(c)  It  shall  be  the  duty  of  all  truant  officers  after  having  given 
notice,  as  herein  provided,  to  any  person  having  control  over  any  child 
or  children  not  attending  school,  as  provided  in  this  Act,  to  determine 
whether  such  notice  has  been  complied  with,  and  in  case  of  failure  of 
compliance  therewith,  he  shall,  as  soon  as  possible  thereafter,  make 
complaint  against  such  person  before  anv  justice  of  the  peace  in  the 
county  where  such  person  resides,  for  failure  to  comply  with  the  pro- 
visions of  this  Act;  and  in  every  such  case  it  shall  be  the  duty  of 
such  justice  of  the  peace  to  issue  a  warrant  upon  said  complaint  and 
to  proceed  to  hear  and  determine  the  same  in  the  same  manner  as  is 
provided  by  statute  for  other  cases  under  his  jurisdiction,  and  in  case 
of  conviction  of  such  person  for  violation  of  this  Act,  such  person  shall 
be  punished  according  to  the  provisions  of  this  Act. 

(d)  It  shall  be  the  duty  of  all  school  officers,  superintendents, 
teachers  or  other  persons  to  render  such  assistance  and  furnish  such 
information  as  they  may  have  at  their  command  to  aid  such  truant  of- 
ficers in  the  performance  of  their  official  duties. 

Approved  June  28,  1919. 


SCHOOLS.  913 


DIRECTORS — DUTIES. 

§    1.     Amends  section   114,   Act  of   1909.  §    114.     Additional      duties      for 

board  of  directors. 

(House  Bill  No.  386.     Approved  June  21,   1919.; 

An  Act  to  amend  section  114  of  an  Act  entitled,  "An  Act  to  establish 
and  maintain,  a  system  of  free  schools" ,  approved  and  in  force  June 
12,  1909,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  Section  114  of  an  Act  entitled, 
"An  Act  to  establish  and  maintain  a  system  of  free  schools,"  approved 
and  in  force  June  12,  1909,  as  amended,  is  amended  to  read  as  follows: 

§  114.  The  board  of  directors  shall  have  the  following  additional 
duties : 

First — To  make,  at  the  annual  election  of  directors,  to  the  voters 
there  present,  a  detailed  report  of  receipts  and  expenditures,  and  trans- 
mit a  copy  of  the  same  within  five  days  to  the  township  treasurer. 

Second — To  report  to  the  county  superintendent  within  ten  days 
the  names  of  all  teachers  employed,  with  the  dates  of  the  beginning  and 
end  of  their  contracts. 

Third — To  provide  for  the  revenue  necessary  to  maintain  schools 
in  their  districts. 

Fourth — To  determine,  in  case  of  a  district  composed  of  parts  of 
two  or  more  townships,  which  treasurer  is  to  receive  the  taxes  of  the 
district,  and  to  notify  the  collectors  in  writing  accordingly. 

Fifth — To  adopt  and  enforce  all  necessary  rules  and  regulations 
for  the  management  and  government  of  the  public  schools  of  their  dis- 
trict. 

Sixth — To  visit  and  inspect  the  public  schools  as  the  good  of  the 
school  may  require. 

Seventh — -To  appoint  all  teachers  and  fix  the  amount  of  their 
salaries. 

Eighth — To  direct  what  branches  of  study  shall  be  taught,  what 
text  books  and  apparatus  shall  be  used,  and  to  enforce  uniformity  of 
text  books  in  the  public  schools;  but  they  shall  not  permit  books  to 
be  changed,  of tener  than  once  in  four  years. 

Ninth — To  establish  and  keep  in  operation  for  at  least .  seven 
months  in  each  year,  and  longer  if  practicable,  a  sufficient  number  of 
free  schools  for  the  accommodation  of  all  persons  in  the  district  over 
the  age  of  six  and  under  twenty-one  years,  and  to  secure  for  all  such 
persons  the  right  and  opportunity  to  an  equal  education  in  such  schools. 

Tenth — To  purchase,  at  the  expense  of  the  district,  a  sufficient 
number  of  text  books  used  to  supply  children  whose  parents  are  unable 
to  buy  them.  Such  text  books  shall  be  loaned  only,  and  the  directors 
shall  require  the  teacher  to  see  that  they  are  properly  cared  for  and 
returned  at  the  end  of  each  term  of  school. 

Eleventh — To  deliver  to  the  township  treasurer  on  or  before  the 
seventh  dav  of  July,  annually,  all  teachers'  schedules  made  and  certified 
as  required  by  law. 

—58  L 


914  SCHOOLS. 


Twelfth — To  pay  no  public  money  to  any  teacher  unless  such 
teacher  at  the  time  of  his  or  her  employment  shall  have  held  a  certificate 
of  qualification  obtained  under  the  provisions  of  this  Act,  and  shall 
have  kept  and  furnished  schedules  as  required  by  this  Act,  and  shall 
have  satisfactorily  accounted  for  books,  apparatus  and  other  property 
of  the  district  that  he  may  have  taken  in  charge. 

Thirteenth — To  cause  a  copy  of  the  township  treasurer's  report 
of  the  financial  condition  of  the  district  to  be  entered  upon  the  records 
of  the  district,  and  to  post  the  same  at  the  front  door  of  the  building 
where  the  annual  election  of  directors  is  held. 

Fourteenth — To  keep  and  maintain,  in  good  repair,  all  division 
fences  between  school  grounds  and  adjoining  lands. 

Approved  June  21,  1919. 


FRATERNITIES,    SORORITIES  AND    SECRET    SOCIETIES — PROHIBITED. 

§   1.     Definition.  §   4.     Penalty  for  person  not  enrolled  in 

school  to  solicit. 
§    2.     Declared    inimical    to    the    public 

good.  §   5.     When  Act  does  not  apply. 

§   3.     Penalty  for  being  member  of  such 
society,  etc. 

(Senate   Bill   No.    338.      Approved   June    28,    1919.) 

An  Act  to  prohibit  fraternities,  sororities  and  secret  societies  in  the 
public  schools  of  the  State,  and  to  provide  for  the  enforcement  of 
the  same. 

Section  1 : — Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  a  public  school  fraternity, 
sorority  or  secret  society,  as  contemplated  by  this  Act,  is  hereby  de- 
fined to  be  any  organization,  composed  wholly  or  in  part  of  public 
school  pupils,  which  seeks  to  perpetuate  itself  by  taking  in  additional 
members  from  the  pupils  enrolled  in  such  school  on  the  basis  of  the 
decision  of  its  membership  rather  than  upon  the  free  choice  of  any 
pupil  in  the  school  who  is  qualified  by  the  rules  of  the  school  to  fill 
the  special  aims  of  the  organization. 

§  2 : — That  any  public  school  fraternity,  sorority  or  secret  society, 
as  defined  in  section  1  of  this  Act,  is  hereby  declared  to  be  an  organiza- 
tion inimical  to  the  public  good. 

§  3 : — That  it  shall  be  the  duty  of  school  directors,  boards  of  edu- 
cation, school  inspectors,  and  other  corporate  authority  managing  and 
controlling  any  of  the  public  schools  of  this  State,  to  suspend  or  expel 
from  the  schools  under  their  control  any  pupil  of  such  school  who 
shall  be  or  remain  a  member  of  or  shall  join  or  promise  to  join,  or 
who  shall  become  pledged  to  become  a  member  of,  or  who  shall  solicit 
any  other  person  to  join,  promise  to  join  or  be  pledged  to  become  a 
member  of  any  such  public  school  fraternity  or  sorority  or  secret 
society. 

§  4 : — It  shall  be  unlawful  from  and  after  the  passage  of  this 
Act  for  any  person  not  enrolled  in  any  public  school  of  this  State  to 
solicit  any  pupil  enrolled  in  any  such  public  school  of  this  State  to 
join  or  to  pledge  himself  or  herself  to  become  a  member  of  any  such 


SCHOOLS.  9 1 


public  school  fraternity  or  sorority  or  secret  society  or  to  solicit  any 
such  pupil  to  attend  a  meeting  thereof  or  any  meeting  where  the  join- 
ing of  any  such  public  school  fraternity,  sorority  or  secret  society  shall 
be  encouraged.  Any  person  violating  this  section  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than  twen- 
ty-five dollars  ($25.00)  nor  more  than  one  hundred  dollars  ($100.00; 
for  each  and  every  offense. 

§  5.  The  provisions  of  this  Act  shall  not  apply  to  fraternities, 
sororities  or  secret  societies  in  the  University  of  Illinois  or  any  of  the 
State  normal  schools  nor  to  students  of  these  institutions  in  their  rela- 
tion to  such  organizations  in  these  institutions. 

Approved  June  28,  1919. 


FREE  TEXT   BOOKS. 

§    1.     Who    may    submit    election,    etc. —       §  4.     Governing  body  to  make  rules  and 

form  of  ballot — who  shall  furn-  regualtions. 
ish    free    text    books. 

§  5.     Provisions  of  Act  may  be  carried 

§    2.      Property    of    school    district — may  out  jointly, 
sell  to  pupils  when  requested. 

§  6.     Penalty   for   purchasing  books  ex- 

§   3.     How   distribution   shall   be   made.  cept  as  provided  in  Act. 

(House  Bill  No.   101.     Approved  June  28,   1919.) 

An  Act  to  authorize  boards  of  education  and  school  directors  to  provide 
text-looks  for  the  free  use  of  the  public  schools,  and  to  sell  text- 
books at  cost  to  pupils  who  desire  to  purchase  them,  and  prescribing 
penalties  for  the  violation  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  after  the  taking  effect  of 
this  Act  the  board  of  education  or  school  directors  of  any  school  district 
may  and  whenever  petitioned  so  to  do  by  five  per  cent  or  more  of  the 
voters  of  such  district  shall  cause  to  be  submitted  to  the  voters  thereof, 
at  the  next  regular  or  special  election,  the  question  of  furnishing  free 
school  text-books  for  the  use  of  pupils  attending  the  public  schools  of 
such  district.  In  a  district  where  no  elections  are  held  for  school  pur- 
poses, and  the  proposition  for  free  text  books  is  to  be  submitted  to  a 
referendum,  the  governing  body,  however  designated,  of  such  district, 
shall  certify  the  question  to  the  election  commissioners  or  other  officers 
charged  with  the  holding  and  conducting  of  elections  in  such  districts 
or  in  the  major  portion  thereof;  and  it  shall  thereupon  be  the  duty  of 
such  commissioners  or  other  officers,  to  submit  such  proposition  at  the 
next  regular  or  special  election  held  in  such  district,  or  major  portion 
thereof,  in  substantially  the  manner  herein  provided,  canvass  the  vote 
cast,  and  certify  the  result  thereof  to  such  governing  body.  In  case  any 
portion  of  the  district  wherein  the  election  herein  provided  for  is  to  be 
held,  shall  not  be  under  the  jurisdiction  of  such  board  of  election  com- 
missioners, or  other  officers  charged  with  the  holding  and  conducting  of 
elections,  such  commissioners  or  other  officers  shall,  for  the  purpose 
herein  contemplated,  be  vested  with  such  jurisdiction  at  such  election. 
Upon  such  submission  the  ballot  shall  he  in  substantially  the  following 
form: 


916       '  SCHOOLS. 


FOE    furnishing    free    text    books    in    the    Public. 
Schools 


AGAINST  furnishing  free  text  books  in  the  Public 
Schools 


If  a  majority  of  the  votes  cast  at  the  election  upon  such  proposition 
shall  be  in  favor  of  furnishing  free  text  books,  it  shall  be  the  duty  of 
the  governing  body,  however  designated,  to  provide  and  furnish  free 
text  books  as  provided,  in  section  two  (2)  hereof,  and  to  sell  text  books 
as  provided  in  said  section  2,  provided  that  such  books  shall  not  be  sold 
as  provided  for  until  at  least  one  year  has  elapsed  since  said  election. 
The  furnishing  of  free  text  books  when  so  adopted,  shall  not  be  discon- 
tinued within  four  (4)  years,  and  thereafter  only  by  a  vote  of  the  people 
of  the  district  which  may  be  had  upon  the  same  conditions  and  in  sub- 
stantially the  same  manner  as  the  vote  for  the  adoption  of  free  text 
books.  And,  provided,  further,  no  text  book  furnished  under  the  pro- 
visions of  this  Act  shall  contain  any  denominational  or  sectarian  matter. 

§  2.  The  governing  body  of  every  school  district  having  adopted 
the  provisions  of  this  Act  shall  provide,  at  the  expense  of  the  district, 
text  books  for  use  in  the  public  schools  and  loan  the  same  free  to  the 
pupils  of  such  district.  All  text  books  so  furnished  to  pupils  shall  re- 
main the  property  of  the  school  district.  They  shall  also  make  pro- 
visions for  the  sale  of  text  books  so  provided,  at  cost,  to  pupils  of  the 
school  or  schools  in  the  district,  wishing  to  purchase  them  for  their 
own  use. 

§  3.  The  distribution  of  all  text  books  mentioned  in  this  Act 
shall  be  made  in  such  manner  and  in  accordance  with  such  methods  as 
the  school  district  boards  hereinbefore  mentioned  shall  from  time  to 
time  determine.  Provided,  no  books  shall  be  distributed  which  have 
been  in  the  possession  of  any  person  having  a  contagious  or  infectious 
disease. 

§  4.  The  governing  body,  however  designated,  of  each  district, 
shall  make  such  legal  rules  and  regulations  as  they  deem  proper  for  the 
care  and  preservation  of  text  books  so  furnished  at  public  expense. 

§  5.  Nothing  in  this  Act  shall  be  construed  to  prevent  boards  of 
education  or  board  of  directors  of  two  or  more  school  districts  from 
jointly  carrying  out  the  provisions  of  this  Act. 

§  6.  Any  person  or  persons  who  shall,  directly  or  indirectly,  de- 
mand or  receive  any  money,  promise  or  anything  of  value  from  any 
pupil,  pupils,  parent,  guardian  or  caretaker  of  such  pupil  or  pupils  for 
any  book  or  books  provided  in  this  Act,  except  as  provided  in  section 
two  (2)  hereof,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof,  in  any  court  of  competent  jurisdiction,  shall  be  fined 
in  any  sum  not  less  than  twenty-five  (25)  dollars,  nor  more  than  one 
hundred    (100)    dollars,   or  be  imprisoned  in  the  common  jail  of  the 


schools.  917 


county  in  which  such  misdemeanor  is  committed,  not  less  than  ten  (10) 
days  nor  more  than  ninety  (90)  days  for  each  offense,  in  the  discretion 
of  the  court. 

Approved  June  28,  1919. 

INSTRUCTION— ENGLISH  LANGUAGE. 

§    1.     Amends  section  274  and  adds  sec-  §  276a.   In.struclion      in      Eng- 

tion  27(!a,  Act  of  1909.  lish    language — 

when  not  applied. 
§   274.     Compulsory        attend- 
ance —  exception  — 
penalty. 

(House  Bill  No.   479.     Approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled,  An  Act  to  establish  and  maintain 
a  system  of  free  schools/'  approved  and  in  force  June  12,  190'j,  as 
subsequently  amended,  by  amending  section  two  hundred  and  seventy- 
four  (274)  thereof,  and  adding  a  new  section  to  be  known  as  sec- 
tion 276a:— 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled,  "An  Act 
to  establish  and  maintain  a  system  of  free  schools,"  approved  and  in 
force  June  12,  1909,  as  subsequently  amended,  be  and  the  same  is 
hereby  amended,  by  amending  section  two  hundred  and  seventy-four 
(274)  thereof,  and  adding  a  new  section  to  be  known  as  section  276a, 
which  said  section  274  as  amended,  and  said  new  section  276a  so  added, 
shall  read  as  follows : 

§  274.  Every  person  having  control  of  any  child  between  the 
ages  of  seven  and  sixteen  years  shall  annually  cause  such  child  to  attend 
some  public  school  (or  some  private  school  in  which  the  instruction  in  the 
elementary  branches  of  education  is  in  the  English  language)  for  the 
entire  time  during  which  the  school  attended  is  in  session,  which  shall 
not  be  less  than  seven  months  of  actual  teaching:  Provided,  however, 
that  this  Act  shall  not  apply  in  case  the  child  has  been  or  is  being 
instructed  for  a  like  period  in  each  and  every  year  in  the  elementary 
branches  of  education  by  a  person  or  persons  competent  to  give  such 
instruction,  which  instruction  of  the  child  in  the  elementary  branches 
of  education  shall  be  in  the  English  language;  or  in  case  the  child's 
physical  or  mental  condition  renders  his  or  her  attendance  impracticable 
or  inexpedient ;  or  in  case  the  child  is  excused  for  temproary  absence 
for  cause  by  the  principal  or  teacher  of  the  school  which  the  child 
attends;  or  in  case  the  child  is  between  the  ages  of  fourteen  and 
sixteen  years  and  is  necessarily  and  lawfully  employed  during  the 
hours  when  the  public  school  is  in  session.  For  every  neglect  of  the 
duty  prescribed  by  this  section,  the  person  so  offending  shall  forfeit 
to  the  use  of  the  public  schools  of  the  city,  town,  or  district  in  which 
the  child  resides,  a  sum  not  less  than  five  dollars  nor  more  than  twenty 
dollars  and  costs  of  suit,  and  shall  stand  committed  until  such  fine  and 
costs  of  suit  are  fully  paid. 

§  276a.  Because  the  English  language  is  the  common  as  well  as 
official  language  of  our  country,  and  because  it  is  essential  to  good 
citizenship  that  each  citizen  shall  have  or  speedily  acquire,  as  his  nat- 


918  SCHOOLS. 


ural  tongue,  the  language  in  which  the  laws  of  the  land,  the  decree 
of  the  courts',  and  the  proclamations  and  pronouncements  of  its  of- 
ficials are  made,  and  shall  easily  and  naturally  think  in  the  language 
in  which  the  obligations  of  his  citizenship  are  defined,  the  instruction 
in  the  elementary  branches  of  education  in  all  schools  in  Illinois  shall 
be  in  the  English  language.  "Provided,  that  this  shall  not  apply  to 
vacational  schools  where  the  pupils  have  already  received  the  required 
instruction  in  English  during  the  current  school  year." 
Approved  June  28,  1919. 


LENGTH  OF  SCHOOL  YEAR. 

§    1.     Amends   section   274,   Act  of   1909.  §   274.     Length    of   time   for   at- 

tendance —  when  Act 
does  not  apply — pen- 
alty. 

(House  Bill  No.   250.     Approved  June  28,   1919.) 

An  Act  to  amend  section  27J/.  of  an  Act  entitled,  "An  Act  to  establish 
and  maintain  a  system  of  free  schools",  approved  and  in  force  June 
12,  1909,  as  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  274  of  an  Act 
entitled,  "An  Act  to  establish  and  maintain  a  system  of  free  schools/' 
approved  and  in  force  June  12,  1909,  as  amended,  be  and  the  same 
is  hereby  amended  so  as  to  read  as  follows : 

§  27-1.  Every  person  having  control  of  any  child  between  the 
ages  of  seven  and  sixteen  years,  shall  annually  cause  such  child  to  at- 
tend some  public  or  private  school  for  the  entire  time  during  which 
the  school  attended  is  in  session,  which  shall  not  be  fewer  than  seven 
months  of  actual  teaching:  Provided,  however,  that  this  Act  shall  not 
apply  in  case  the  child  has  been  or  is  being  instructed  for  a  like  period 
in  each  and  every  year  in  the  elementary  branches  of  education  by  a 
person  or  persons  competent  to  give  such  instruction,  or  in  case  the 
child's  physical  or  mental  condition  renders  his  or  her  attendance  im- 
practicable or  inexpedient,  or  in  case  the  child  is  excused  for  temporary 
absence  for  cause  by  the  principal  or  teacher  of  the  school  which  said 
child  attends,  or  in  case  the  child  is  between  the  ages  of  fourteen  and 
sixteen  years  and  is  necessarily  and  lawfully  employed  during  the  hours 
in  which  the  public  school  is  in  session:  And,  provided,  further,  in  all 
districts  where  part  time  continuation  schools  are  established  all  chil- 
dren in  employment  between  fourteen  and  sixteen  years  of  age  shall 
attend  such  continuation  schools  for  at  least  eight  hours  each  week  dur- 
ing the  period  such  schools  are  in  session.  For  every  neglect  of  the 
duty  prescribed  by  this  section,  the  person  so  offending  shall  forfeit 
to  the  use  of  the  public  schools  of  the  city,  town  or  district  in  which 
such  child  resides  a  sum  not  less  than  five  dollars  nor  more  than  twenty 
dollars  and  costs  of  suit,  and  shall  stand  committed  until  such  fine 
and  costs  of  suit  are  paid. 

Approved  June  28,  1919. 


SCHOOLS.  '.)  1 '.) 


PART-TIME  OR  CONTINUATION. 

§      1.     Who  may  establish — when  main-        §  7.     Compulsory    attendance — penalty, 
tained. 

§  8.     Penalty    for   failure    of    emp'oyer 
§      2.     Subjects.  to   permit   minor   to   attend. 

§      4.     Who   shall   attend.  §      9.     School     officials     to     enforce     at- 

tendance. 
§      5.     School    district    entitled    to    reim- 
bursement. §   10.     When   Act   does   not  apply. 

§  6.  State  Board  of  Vocational  Edu- 
cation to  establish  standards 
— rules  and  regulations — State 
inspection. 

(House  Bill  No.  465.     Approved  June  28,  1919.) 

An  Act  for  the  establishment  and  maintenance  of  part-time  or  con- 
tinuation schools  and  classes,  providing  for  the  control  and  manage- 
ment thereof  and  compulsory  attendance  of  pupils,  prescribing  the 
courses  of  instruction  therein,  providing  State  aid  therefor,  and  pro- 
viding penalties  for  violations  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  part-time  or  continuation 
schools  or  classes  shall  be  established  and  maintained  as  hereinafter 
provided.  The  board  of  education  or  school  directors  of  each  city  and 
of  each  school  district  in  which  there  are  twenty  or  more  minors  above 
the  age  of  fourteen  years  and  below  the  age  of  sixteen  years  who  are  not 
in  regular  attendance  upon  all-day  schools,  shall,  and  in  other  cities  and 
school  districts  they  may,  beginning  in  September  1921  establish 
and  maintain  part-time  or  continuation  schools  or  classes  in  which  such 
minors  shall  receive  instruction,  and  such  schools  or  classes  shall  on  and 
after  September  1,  1922,  be  established  and  maintained  in  each  city  or 
school  district  in  which  there  are  twenty  or  more  minors  above  the  age 
of  fourteen  years  and  below  the  age  of  seventeen  who  are  not  in  regular 
attendance  upon  all-day  schools,  and  such  schools  or  classes  shall  on  and 
after  September  1,  1923,  be  established  and  maintained  in  each  city  or 
school  district  in  which  there  are  twenty  or  more  minors  above  the  age 
of  fourteen  years  and  below  the  age  of  eighteen  years  who  are  not  in 
regular  attendance  upon  all  day  schools.  Such  schools  or  classes  shall 
be  under  th£  control  and  management  of  the  board  of  education  or 
school  directors,  as  the  case  may  be,  and  shall  be  a  part  of  the  public 
school  system  of  the  city  or  district  which  maintains  them. 

Such  part-time  or  continuation  schools  or  classes  shall  be  main- 
tained each  year  during  the  full  period  of  time  when  the  public  schools 
of  the  city  or  district  are  in  session.  The  sessions  of  such  part-time  or 
continuation  schools  or  classes  shall  be  on  the  regular  business  days, 
except  that  they  shall  not  be  held  on  Saturday  afternoons. 

§  2.  Such  par'u-time  or  continuation  schools  or  classes- shall  afford 
instruction  in  any  one  or  in  any  combination  or  in  all  of  the  following 
subjects:  (a)  Those  subjects  usually  taught  in  the  public  schools,  so 
as  to  permit  the  students  in  the  continuation  school  classes  to  continue 
their  education  from  the  point  where  they  left  it  in  order  to  go  to  work ; 
(b)  civic  and  vocational  subjects;  and  (c)  those  subjects  which  supple- 
ment the  daily  occupations  of  the  students. 


920  SCHOOLS. 


§  4.  Every  minor  between  the  ages  of  fourteen  and  eighteen  years 
who  is  regularly  and  lawfully  employed  in  some  occupation  or  service, 
unless  such  minor  has  completed  a  four  year  secondary  course  of  in- 
struction, shall  attend  part-time  or  continuation  school  ox  class,  when 
and  where  such  school  or  class  has  been  established  and  is  maintained 
for  the  instruction  of  minors  of  such  minor  age,  in  the  city  or  district 
in  which  such  minor  resides  or  may  be  employed  after  such  school  or 
class  has  been  established'  therein.  Such  attendance  shall  be  for  not 
less  than  eight  hours  per  week  for  at  least  thirty-six  weeks  each  year. 
The  attendance  upon  a  part-time  or  continuation  school  or  class  shall 
be  between  the  hours  of  eight  o'clock  in  the  forenoon  and  five  o'clock 
in  the  afternoon  on  regular  business  days  except  Saturday  afternoons. 
The  time  spent  in  a  part-time  or  continuation  school  or  class  by  a 
minor  shall  be  reckoned  as  a  part  of  the  time  or  number  of  hours  said 
minor  is  permitted  by  law  to  work.  A  minor  employed,  or  kept  at 
home,  in  the  service  or  assistance  of  any  parent,  guardian  or  person 
having  the  control  or  custody  of  such  minor  shall  be  considered  as  a 
minor  lawfully  and  regularly  employed  in  some  occupation  or  service. 

§  5.  Any  school  district  which  establishes  part-time  or  continua- 
tion schools  or  classes  as  required  under  the  provisions  of  this  Act  and  in 
accordance  with  the  rules  of  the  State  Board  for  Vocational  Education 
shall  be  entitled  to  reimbursement  from  available  Federal  and  State 
funds  to  an  amount  not  less  than  one-half  of  the  salaries  of  all  teachers 
of  such  part-time  or  continuation  schools  or  classes,  provided  that  if 
the  amount  of  such  Federal  and  State  funds  shall  not  be  sufficient  to 
reimburse  in  full  the  amounts  so  clue  such  district  for  such  purpose,  the 
State  Board  of  Vocational  Education  may  prorate  the  sums  available  for 
such  reimbursement  among  the  part-time  or  continuation  schools,  de- 
partments, or  classes  entitled  to  such  reimbursement. 

§  6.  It  shall  be  the  duty  of  the  State  Board  for  Vocational  Edu- 
cation to  establish  standards  for  the  maintenance  of  such  schools.  It 
shall  prescribe  rules  and  regulations  for  the  administration  of  this  Act 
by  the  local  school  authorities,  concerning  plant,  equipment,  courses  of 
study  and  teachers,  and  shall  be  authorized  to  expend  State  funds  appro- 
priated for  the  purpose  of  this  Act  in  assisting  the  local  schqol  authorities 
to  finance  such  education,  and  shall  provide  State  inspection  and  super- 
vision of  the  same.  It  shall  require  an  annual  report  from  each  sub- 
division regarding  its  administration  of  this  Act. 

§  7.  Every  parent,  guardian  or  other  person  having  the  custody 
or  control  of  a  minor  required  under  the  provisions  of  this  Act  to  attend 
a  part-time  or  continuation  school  or  class  shall  cause  such  minor  to 
attend  such  school  or  class.  A  parent,  guardian  or  other  person  who 
refuses  or  wilfully  fails  to  comply  with  this  provision  of  the  law  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  subject 
to  a  fine  of  not  less  than  twenty-five  dollars  and  not  more  than  one 
hundred  dollars. 

§  8.  Any  person,  firm  or  corporation  employing  a  minor  between 
the  ages  of  fourteen  and  sixteen  years  required  under  the  provisions  of 
this  Act  to   attend  a  part-time   or   continuation  school   or   class  shall 


SCHOOLS.  921 


permit  such  minor  to  attend  such  school  or  class  whenever  such  school 
or  class  shall  have  been  established  in  the  city  or  school  district  where 
the  minor  resides  or  may  be  employed;  and  any  such  person,  firm  or 
corporation  wilfully  violating  this  provision  shall  for  each  such  viola- 
tion be  subject  to  a  fine  of  not  less  than  twenty-five  dollars  and  not 
more  than  two  hundred  dollars  for  each  offense,  at  the  discretion  of 
the  court.  Any  person,  firm  or  corporation,  employing  any  such  minor 
who  fails  to  attend  part-time  or  continuation  school  or  class  as  required 
herein,  shall  immediately  discontinue  the  services  of  such  minor  upon 
receiving  from  the  school  authorities  written  notice  of  the  failure  of 
such  minor  to  attend  such  part-time  or  continuation  school  or  class,  and 
any  person,  firm  or  corporation  wilfully  violating  this  provision  shall  be 
subject  to  a  fine  of  fifty  dollars  for  each  offense. 

§  9.  The  school  officials  charged  with  the  responsibility  of  en- 
forcing the  compulsory  attendance  laws  of  this  State  shall  also  be 
responsible  for  the  enforcement  of  the  attendance  upon  part-time  or 
continuation  schools  or  classes  in  accordance  with  the  terms  of  this  Act. 

§  10.  Nothing  in  this  Act  contained  shall  be  held,  deemed  or 
construed  as  having  any  application  to  children  or  minors  who  attend 
private  or  parochial  schools  or  to  children  or  minors  who  are  receiving 
educational  training  or  instruction  in  the  homes  of  their  parents  or 
guardians  either  by  said  parents  or  guardians  or  by  ]yivate  tutors  pro- 
vided by  said  parents  or  guardians. 

ArpROVED  June  28,  1919. 


SALE    OF    COMMON    SCHOOL    LANDS. 

§    1.     Amends  section   224,   Act   of   1909.  §   224.     Petition    for     sale     of — 

election  for  sale  of. 

(House  Bill  No.  214.     Approved  June  30,   1919.) 

An  Act  to  amend  section  two  hundred  and  twenty-jour  (22Jf)  of  an  Act 
entitled,  "An  Act  to  establish  and  maintain  a  system  of  free  schools", 
approved  and  in  force  June  10th,  \_12~],  1909. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  two  hundred  and 
twenty-four  (224)  of  an  Act  entitled,  "An  Act  to  establish  a  system  of 
free  schools,"  approved  and  in  force  June  12th,  1909,  be  and  the  same  is 
hereby  amended  so  as  to  read  as  follows : 

§  22-1.  When  the  inhabitants  of  any  township  shall  desire  the  sale 
of  the  common  school  lands  of  such  township,  they  shall  present  to  the 
county  superintendent  of  the  county  in  which  the  school  lands  of  the 
township,  or  the  greater  part  thereof  lie,  a  petition  for  their  sale.  Such 
petition  shall  be  signed  by  at  least  two  thirds  of  the  voters  of  the 
township.  The  petition  must  be  signed  in  the  presence  of  at  least  two 
adult  citizens  of  the  township,  after  the  true  meaning  and  purpose 
thereof  have  been  explained,  and  an  affidavit  must  be  affixed  thereto  by 
the  two  citizens  witnessing  the  signing,  which  affidavit  shall  state  the 
number  of  the  inhabitants  in  the  township  twenty  one  years  of  age  and 
over,  and  the  petition  so  verified  shall  be  delivered  to  the  county  super- 
intendent for  his  action  thereon.     In  townships  having  a  population  of 


922  SCHOOLS. 


more  than  10,000  inhabitants,  such  petition  shall  be  signed  by  at  least 
one  tenth  of  the  legal  voters  of  the  township,  and  be  delivered  to  county 
superintendent  at  least  fifteen  days  preceding  the  regular  elction  of 
trustees,  or  the  date  of  a  special  election,  which  may  be  called  for  such 
purpose;  and  thereupon  it  shall  be  the  duty  of  the  county  superin- 
tendent to  notify  the  voters  of  such  township  that  an  election  for  or 
against  the  proposition  to  sell  common  school  lands  of  the  township,  or 
a  portion  thereof  will  be  held  at  the  next  regular  election  of  trustees,  or 
at  a  special  election  called  for  that  purpose,  by  posting  notices  of  such 
election  in  at  least  two  of  the  most  public  places  throughout  such  town- 
ship, for  at  least  ten  days  before  the  date  of  such  election,  which  notice 
may  be  in  the  following  form,  to  wit: — 

Election  foe  Sale  of  Common  School  Lands. 

Notice  is  hereby  given  that  on the day 

of 1 .  . . .  an  election  will  be  held  at 

for  the  purpose  of  voting  "for"  or  "against"  the  proposition  to  sell  com- 
mon school  lands  of  the  township,  to-wit:     (Here  insert  description  of 

the  lands) .    The  polls  will  be  opened  at  .......  .and  closed  at 

o'clock, M. 

County  Superintendent 

The  ballots  oi  such  election  shall  be  received  and  canvassed  as  other 
elections  provided  for  in  this  Act,  and  the  returns  of  the  result  thereof 
made  to  the  county  superintendent,  and  of  [if]  two  thirds  of  the  vote 
upon  such  proposition  shall  have  been  cast  in  favor  of  the  sale,  the  county 
superintendent  shall  act  thereon.  No  section  shall  be  sold  in  any  town- 
ship containing  fewer  than  200  inhabitants;  and  common  school  lands 
in  fractional  townships  may  be  sold  when  the  number  of  acres  are  in,  or 
above,  a  ratio  of  200  to  640  but  not  before,  provided,  however,  that  where 
the  lands  sought  to  be  sold  are  swamp  or  overflow  lands,  and  are  located 
in  a  township  containing  less  than  200  inhabitants,  a  petition  signed 
by  at  least  two  thirds  of  the  voters  in  such  township  shall  be  sufficient 
to  cause  the  county  superintendent  to  act  thereon.  All  other  proceed- 
ings shall  be  the  same  as  provided  in  this  section. 

Approved  June  30,  1919. 


SCHOLARSHIPS — PERSONS  IN  MILITARY  OR  NAVAL,   SERVICE. 

§   1.     Adds   section    166a  and   173a,   Act  §   173a.  Who  may  be  awarded 

of   1909.  University     of     Illi- 

nois scholarship. 
§   166a.  Who  may  be  awarded 
Normal       School 
scholarship. 

(House  Bill  No.   733.     Approved  June   28,    1919.) 

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,  as 
amended,  by  adding  thereto  two  new  sections,  to  be  known  as  sections 
166a  and  173a. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  "An  Act  to  establish  and 


schools.  923 


maintain  a  system  of  free  schools/'  approved  and  in  force  June  12, 
1909,  as  amended,  is  amended  by  adding  thereto  two  new  sections,  to  be 
known  as  sections  16Ga  and  173a,  to  read  as  follows: 

§  166a.  Any  person  who  served  in  the  army,  navy  or  marine  corps 
of  United  States,  not  including  members  of  the  Students'  Army  Train- 
ing Corps  during  the  World  War,  who,  at  the  time  of  entering  upon 
such  service,  was  a  resident  of  this  State,  and  who  has  been  honorably 
discharged  from  such  service,  and  who  shall  possess  all  necessary  entrance 
requirements  shall,  upon  application  and  proper  proof,  be  awarded  a 
Normal  School  scholarship. 

Any  person  who  served  as  above  stated,  and  who,  at  the  time  of 
entering  upon  such  service  was  a  student  at  any  State  Normal  School, 
and  who  was  honorably  discharged  from  such  service  shall,  upon  appli- 
cation and  proper  proof,  be  entitled  to  finish  and  complete  his  course 
of  study  at  such  institution  without  tuition  and  matriculation  charges, 
but  such  person  shall  not  be  entitled  to  more  than  four  years  of 
gratuitous  instruction. 

§  173a.  Any  person  who  served  in  the  army,  navy  or  marine  corps 
of  United  States,  not  including  members  of  the  Students'  Army  Train- 
ing Corps  during  the  World  War,  who,  at  the  time  of  entering  upon 
such  service,  was  a  resident  of  this  State,  and  who  has  been  honorably 
discharged  from  such  service,  and  who  shall  possess  all  necessary 
entrance  requirements  shall,  upon  application  and  proper  proof,  be 
awarded  a  University  of  Illinois  scholarship. 

Any  person  who  served  as  above  stated,  and  who,  at  the  time  of 
entering  upon  such  service,  was  a  student  at  the  University  of  Illinois, 
and  who  was  honorably  discharged  from  such  service,  shall,  upon  appli- 
cation and  proper  proof,  be  entitled  to  finish  and  complete  his  course  of 
study  at  the  University  of  Illinois  without  tuition  and  matriculation 
charges,  but  such  person  shall  not  be  entitled  to  more  than  four  years 
of  gratuitous  instruction. 

The  holder  of  any  university  scholarship  or  free  tuition  privileges, 
under  the  provisions  of  this  section,  shall  be  entitled  to  all  the  privileges 
and  shall  be  subject  to  all  the  conditions  set  forth  in  sections  174  and 
175  of  this  Act. 

The  provisions  of  sections  166a  and  173a,  however,  shall  not  apply 
to  persons  who  were  convicted  bv  court  martial  of  disobedience  of  orders, 
where  such  disobedience  consisted  of  the  refusal  to  perform  military 
service  on  the  ground  of  alleged  religious  or  conscientious  objections 
against  war. 

Approved  June  28,  1919. 

SCHOLARSHIPS — UNIVERSITY. 

§   1.     Amends  section    174.   Act  of   1909.        §    2.     Emergency. 

(House  Bill  No.   208.     Approved  Mat  13,   1919.) 

An  Act  to  amend  section  174  of  an  Act  entitled:  "An  Act  to  establish 
and  maintain  a  system  of  free  schools,"  approved  and  in  force  June 
12,  1909,  as  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     Section  174  of  an  Act  entitled: 


924  schools. 


"An  Act  to  establish  and  maintain  a  system  of  free  schools/'  approved 
and  in  force  June  12,  1909,  as  amended;,  is  amended  to  read  as  follows: 

§  174.  Any  University  scholarship  issued  under  the  provisions  of 
this  Act  shall  exempt  the  holder  from  the  payment  of  tuition,  or  any 
matriculation,  term  or  incidental  fee  whatsoever,  except  for  purchase 
of  laboratory  supplies  and  similar  fees  for  supplies  and  materials : 
Provided,  however,  that  such  student  shall  be  subject  to  all  examina- 
tions, rules  and  requirements  of  the  board  of  trustees  and  faculty,  except 
as  herein  directed:  And,  provided,  further,  that  this  Act  shall  not  be 
corlstrued  to  prohibit  the  board  of  trustees  from  granting  other 
scholarships. 

§  2.  Whereas,  an  emergency  exists,  therefore  this  Act  shall  be  in 
full  force  and  effect  from  and  after  its  passage. 

Approved  May  13,  1919. 


TOWNSHIP    HIGH    SCHOOLS. 

§   1.     Amends   sections    86,  '  91    and    127,  §      91.     Boards    of    education 

Act  of  1909.  designated      therein 

shall   have   right   to 
§      86.     Provides  form  of  bal-  erect  buildings — no- 

lot,  tice  to  be  posted  in 

case  of  election. 

§   127.     Powers,     limitation 
and    duties. 

(Senate   Bill   No.    490.     Approved   June    30,    1919.) 

An  Act  to  amend  sections  86,  91  and  127  of  an  Act  entitled  "An  Act 
to  establish  and  maintain  a  system,  of  free  schools"  approved  and 
in  force  June  12,  1909,  as  subsequently  amended. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  86,  91  and  127 
of  an  Act  entitled  "An  Act  to  establish  and  maintain  a  system  of  free 
schools"  approved  and  in  force  June  12,  1909,  as  subsequently  amend- 
ed, be  and  the  same  are  hereby  amended  so  that  ■  said  sections  shall 
read  as  follows : 

§  86.  If  a  majority  of  the  votes  cast  shall  be  in  favor  of  estab- 
lishing a  township  high  school  it  shall  be  the  duty  of  the  treasurer  to 
call  a  special  election  on  any  Saturday  within  sixty  days  for  the  pur- 
pose of  electing  a  township  high  school  board  of  education,  to  consist 
of  five  members,  notice  of  which  election  shall  be  given  for  the  same 
time  and  in  the  same  manner  as  provided  in  the  election  of  trustees 
of  schools.  The  members  elected  shall  determine  by  lot,  at  their  first 
meeting,  the  length  of  term  each  is  to  serve.  Two  of  the  members  shall 
serve  for  one  year,  two  for  two  years  and  one  for  three  years  from 
the  second  Saturday  of  April  next  preceding  their  election.  At  the 
expiration  of  the  term  of  office  of  any  member  or  members,  a  successor 
or  successors  shall  be  elected,  each  of  whom  shall  serve  for  three  years, 
which  subsequent  election  shall  be  held  on  the  second  Saturday  in  April. 
In  case  of  a  vacancy  the  board  shall  call  an  election  without  delay,  to 
be  held  on  any  Saturday. 

The  ballots  to  be  used  at  all  elections  held  for  the  selection  of  a 
member  or  members  of  the  township  high  school  board  of  education 


schools.  925 


shall  be  furnished  by  the  township  high  school  district  and  shall  be  in 
form  substantially  as  follows: 

±or members  to  serve  three  years. 

Vote  for 

Frank  Chance 
Tyrus  Cobb 
Margaret  Murphy 
Elizabeth   Brown. 

The  voter  shall  make  a  cross-mark  in  the  square  preceding  the 
name  or  names  of  the  candidate  or  candidates  of  his  choice  and  the 
ballots  shall  be  so  counted.  The  nominations  of  candidates  for 
the  offices  of  members  of  the  board  of  education  shall  be  made  only 
by  petition.  All  petitions  shall  be  filed  with  the  secretary  at  least 
ten  days  before  the  day  of  election.  All  petitions  shall  be  signed  by 
at  least  10  per  cent  of  the#  legal  voters  of  the  district,  but  not  to  exceed 
fifty  such  signatures  shall  be  required  to  make  valid  any  petition.  The 
names  of  candidates  shall  be  printed  in  the  order  in  which  the  petitions 
are  filed  with  the  secretary. 

Such  election  shall  be  held  under  the  Australian  ballot  system  as 
provided  in  the  general  election  laws  and  as  detailed  in  section  22 
and  section  23  of  an  Act  entitled,  "An  Act  to  provide  for  the  printing 
and  distribution  of  ballots  at  nublic  expense,  and  for  the  nomination 
of  candidates  for  public  offices  to  regulate  the  manner  of  holding  elec- 
tions, and  to  enforce  the  secrecy  of  the  ballot,"  approved  June  22, 
1891,  in  force  July  1,  1891,  at  the  school  house  or  such  other  place 
as  shall  be  designated  by  the  proper  officers  in  the  notice  of  election. 

Within  ten  days  after  their  election  the  members  of  the  township 
high  school  board  of  education  shall  meet  and  organize  by  electing  one 
of  their  number  president,  and  by  electing  a  secretary.  It  shall  be 
the  duty  of  such  high  school  board  of  education  to  establish,  at  a  site 
or  sites  lawfully  selected,  one  or  more  high  schools  for  the  education 
of  the  more  advanced  pupils. 

§  91.  For  the  purpose  of  building  one  or  more  high  schools, 
conducting  and  supporting  such  schools  and  paying  all  necessary  ex- 
penses, the  territory  for  the  benefit  of  which  a  high  school  is  establish- 
ed under  any  of  the  provisions  of  'this  Act,  and  all  high  school  dis- 
tricts organized  under  any  statute  in  force  at  the  time  of  their  organ- 
ization, and  all  high  school  districts  legalized  by  statute,  shall  be  re- 
garded as  school  districts,  and  the  board  of  education  of  each  of  said 
high  school  districts  shall  in  all  respects  have  the  powers  and  discharge 
the  duties  of  boards  of  education  elected  under  the  general  school  law. 
The  board  of  education  of  any  such  high  school  district  shall  have  the 
right  to  build  or  acquire  and  maintain  one  or  more  sites  and  erect 
thereon  buildings  when  in  their  judgment  such  additional  facilities  are 
needed  by  the  district  and  the  site  or  sites  therefor  have  been  lawfully 
selected:  Provided,  however,  that  in  all  elections  held  under  the  pro- 
visions of  this  Act  the  board  of  education  shall  have  the  power  to  es- 
tablish a  suitable  number  of  voting  precincts  for  the  accommodation 
of  voters  of  the  district  in  which  said  election  is  held,  and  shall  fix 
the  boundaries  of  said    precincts,   and   designate   one   polling  place  in 


926  schools. 


each,  which  precincts  shall  be  composed  of  contiguous  territory  in  as 
compact  form  as  may  be  for  the  convenience  of  the  electors  voting 
therein.  Said  board  shall  appoint  two  judges  and  one  clerk  for  each 
polling  place,  assigning  so  far  as  practicable  at  least  one  member  of 
such  board  to  each  polling  place.  Notice  of  all  such  elections  shall 
be  in  the  form  now  prescribed  by  law  and  be  posted  by  the  said  board 
of  education  in  at  least  ten  of  the  most  public  places  in  each  of  said 
voting  precincts  at  least  ten  days  previous  to  the  day  of  election. 

§  127.  The  board  of  education  shall  ha^ve  all  the  powers  of 
school  directors,  be  subject  to  the  same  limitations,  and  in  addition 
thereto  they  shall  have  the  power,  and  it  shall  be  their  duty: 

First — To  establish  and  support  free  schools  for  not  less  than 
seven  nor  more  than  ten  months  in  each  year. 

Second — To  repair  and  improve  school  houses  and  furnish  them 
with   the  necessary   fixtures,   furniture,    apparatus,   libraries    and   fuel. 

Third — To  examine  teachers  by  examinations  supplemental  to  any 
other  examinations,  and  to  employ  teachers  and  fix  the  amount  of  their 
salaries. 

Fourth — To  establish  schools  of  different  grades,  to  adopt  regula- 
tions for  the  admission  of  pupils  into  the  same,  and  to  assign  pupils 
to  the  several  schools. 

Fifth — To  buy  or  lease  one  or  more  sites  for  school  houses  with 
the  necessary  grounds;  provided,  however,  that  it  shall  not  be  lawful 
for  such  school  board  of  education  to  purchase  or  locate  a  school  house 
site,  or  to  purchase,  build  or  move  a  school  house,  unless  authorized 
by  a  majority  of  all  the  votes  cast  at  an  election  called  for  such  pur- 
pose in  pursuance  of  a  petition  signed  by  not  fewer  than  five  hundred 
legal  voters  of  such  district,  or  by  one-fifth  of  all  the  legal  voters  of 
such  district :  And,  provided,  further,  that  if  no  site  shall  receive 
a  majority  of  all  the  votes  cast  at  such  election,  the  board  of  educa- 
tion may,  if  in  their  judgment  the  public  interest  requires  it,  proceed 
to  select  a  suitable  school  house  site ;  and  the  site  so  chosen  by  them 
in  such  case  shall  be  legal  and  valid  the  same  as  if  it  had  been  de- 
termined by  a  majority  of  all  the  votes  cast;  and  the  site  selected  by 
either  method  shall  be  the  school  house  site  for  such  district;  and  said 
district  shall  have  the  right  to  take  the  same  for  the  purpose  of  a 
school  house  site,  either  with  or  without  the  owner's  consent,  by  con- 
demnation or  otherwise :  And,  provided,  further,  that  all  school  house 
sites  heretofore  located  or  selected  by  boards  of  education  in  cases  in 
which  at  an  election  duly  called  and  held  as  herein  provided,  no  site 
received  a  majority  of  the  votes  cast,  are  hereby  legalized  and  made 
valid  school  house  sites  in  and  for  the  district  for  which  they  were  so 
located  and  selected. 

Sixth — To  levy  a  tax  to  extend  schools  beyond  a  period  of  ten 
months,  in  each  year,  upon  a  petition  of  a  majority  of  the  voters  of 
the  district. 

Seventh — To  employ  a  competent  superintendent  who  may  be  re- 
quired to  act  as  principal  or  teacher  in  such  schools. 

Eighth — To  divide  the  district  into  sub-districts,  to  create  new 
ones,  and  to  alter  or  consolidate  them. 


SCHOOLS.  927 


Ninth — To  dismiss  and  remove  any  teacher,  whenever  in  their 
opinion  he  is  not  qualified  to  teach,  or  whenever  in  their  opinion  the 
interests  of  the  school  may  require  it. 

Tenth — To  apportion  the  pupils  of  the  several  schools. 

Eleventh — To  prepare  and  publish  annually  in  some  newspaper, 
or  in  pamphlet  form,  a  report  including  the  school  attendance  in  the 
year  preceding,  the  program  of  studies,  the  number  of  persons  between 
the  ages  of  twelve  and  twenty-one  unable  to  read  and  write,  and  a 
statement  of  the  receipts  and  expenditures,  with  the  balance  on  hand. 

Thirteenth — To  request  the  trustees  of  schools,  in  writing,  to 
convey  any  real  estates  [real  estate]  or  interests  therein  used  for  school 
purposes,  or  held  in  trust  for  schools. 

Approved  June  30,  1919. 


UNIVERSITIES,   COLLEGES,   ETC. 

§     1.     Adds   section    1-a,   Act   of   1874.  §   1-a.     Proceedings   to   dissolve 

institution. 

(House  Bill  No.   549.     Approved  June  28,   1919.) 

An  Act  to  amend  "An  Act  to  revise  the  law  in  relation  to  universities, 
colleges,  academies,  and  other  institutions  of  learning,"  approved 
March  2Jf,  181  Jh  in  force  July  1,  187 It-. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  "An  Act  to  revise  the 
law  in  relation  to  universities,  colleges,  and  academies,  and  other  insti- 
tutions of  learning,"  approved  March  24,  1874,  in  force  July  1,  1874, 
be  and  the  same  is  hereby  amended  by  adding  thereto  a  section  to  be 
known  as  section  1-a,  as  follows : 

§  1-a.  That  if  any  corporation  mentioned  in  section  1  of  this 
Act,  that  has  been  incorporated  at  the  request  of  any  person  who  has 
given  or  devised  property  for  the  purpose  of  establishing  and  main- 
taining any  institution  mentioned  in  section  1  of  this  Act,  heretofore 
has  or  hereafter  shall  divert  such  gift  or  devise  to  any  purpose  other 
than  the  specific  purpose  for  which  it  was  given  or  devised,  or,  if  it 
shall  become  impracticable  to  maintain  such  institution,  or,  if  such 
corporation  shall  be  guilty  of  a  mis-user  or  non-user  of  its  principal  cor- 
poration franchises,  then  a  bill  in  chancery  may  be  filed  in  the  Circuit 
Court  of  the  county  in  which  such  institution  is  located,  or  in  the 
county  where  any  real  estate  that  was  given  or  devised  to  such  insti- 
tution, is  situated,  against  such  corporation,  in  the  name  of  the  People 
of  the  State  of  Illinois,  upon  the  relation  of  the  Attorney  General, 
State's  attorney,  or  the  donor  of  the  property  given  or  devised,  or  the 
heirs  at  law  of  any  deceased  donor,  and  a  summons  may  thereupon  issue 
to  any  county  in  the  State  for  said  corporation,  and  the  practice  shall 
be  the  same  as  other  proceedings  in  chancery;  and  upon  a  hearing,  if 
the  facts  alleged  in  the  bill  are  proven,  the  court  shall  enter  a  decree 
dissolving  the  corporation,  and  vesting  the  title  in  any  property,  so 
given  or  devised,  in  the  donor  thereof,  or  in  case  of  his  death,  in  his 
heirs  at  law  then  surviving. 

Approved  June  28,  1919. 


928  sChqolS. 


VOCATIONAL  EDUCATION. 

§    1.     Acceptance      Federal      Vocational        §   4.     Duties     of     Board     of    Vocational 
Education    Law.  Education. 

§   2.     Establishing   Board   of   Vocational        §    5.     State    Treasurer    custodian    of    all 
Education.  moneys — how    drawn. 

§   3.     Members  of  Board  to  serve  with-        §   6.     Emergency, 
out    compensation. 

(Senate  Bill.  No.   22.     Approved  March   G,   1919.) 

An  Act  in  relation  to  vocational  education. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  all  of  the  provisions  and 
benefits  of  an  act  of  Congress  entitled,  "An  Act  to  provide  for  the 
promotion  of  vocational  education;  to  provide  for  cooperation  with 
the  states  in  the  promotion  of  such  education  in  agriculture  and  the 
trades  and  industries;  to  provide  for  cooperation  with  the  states  in 
the  preparation  of  teachers  of  vocational  subjects;  and  to  appropriate 
money  and  regulate  its  expenditures/'  approved  February  23,  1917,  as 
amended,  hereinafter  referred  to  as  the  Federal  Vocational  Education 
Law,  are  hereby  accepted  by  the  State  of  Illinois. 

§  2.  There  is  hereby  established  the  Board  of  Vocational  Edu- 
cation. The  Board  of  Vocational  Education  shall  consists  of  the  Direc- 
tor of  Begistration  and  Education,  the  Superintendent  of  Public  In- 
struction, the  Director  of  Agriculture,  the  Director  of  Labor,  and  the 
Director  of  Trade  and  Commerce. 

The  Director  of  Begistration  and  Education  shall  be  the  chairman 
of  the  Board  of  Vocational  Education,  and  the  Superintendent  of  Pub- 
lic Instruction  shall  be  its  executive  officer. 

The  Director  of  Begistration  and  Education,  the  Director  of  Agri- 
culture, the  Director  of  Labor,  the  Director  of  Trade  and  Commerce, 
and  the  Superintendent  of  Public  Instruction,  shall  serve  as  members 
of  the  Board  for  Vocational  Education  during  the  respective  terms 
of  office  for  which  they  shall  have  been  appointed  or'  elected,  as  the 
case  may  be. 

§  3.  The  members  of  the  Board  for  Vocational  Education  shall 
serve  without  compensation,  but  they  shall  be  reimbursed  for  their 
actual  and  necessary  expenses  incurred  in  the  discharge  of  duties  under 
the  provisions  of  this  Act.' 

§  4.  The  Board  for  Vocational  Education  shall  have  power  and 
it  shall  be  its  duty:- 

(a)  To  cooperate  with  the  Federal  Board  for  Vocational  Educa- 
tion in  the  administration  of  the  provisions  of  the  Federal  Vocational 
Education  Law,  to  the  extent  and  in  the  manner  therein  provided ; 

(b)  To  promote  and  aid  in  the  establishment  of  schools  and 
classes  of  the  types  and  standards  provided  for  in  the  plans  of  the 
Board  for  Vocational  Education,  as  approved  by  the  Federal  Board 
for  Vocational  Education,  and  to  cooperate  with  State  and  local  school 
authorities  in  the  maintenance  of  such  schools  and  classes ; 

(c)  To  conduct  and  prepare  investigations  and  studies  in  rela- 
tion to  vocational  education  and  to  publish  the  results  of  such  investi- 
gations and  studies; 


schools.  929 


(d)  Upon  the  recommendation  of  the  executive  officer  to  ap- 
point, without  reference  to  any  civil  service  law  which  is  now  or  which 
hereafter,  may  be  in  force  in  this  State,  such  technical  assistants  as 
may  be  necessary,  and  to  prescribe  their  duties,  compensation  and 
terms  of  employment; 

(e)  Upon  the  recommendation  of  the  executive  officer  to  appoint, 
without  reference  to  the-  provisions  of  any  civil  service  law  which  hs 
now  or  which  hereafter  may  be  in  force  in  this  State,  such  clerks  and 
stenographers  and  other  employees  as  may  be  necessary,  and  to  pre- 
scribe their  duties,  compensation  and  terms  of  employment; 

(f)  To  promulgate  reasonable  rules  and  regulations  relating  to 
the  enforcement  of  the  provisions  of  this  Act; 

(g)  To  report,  in  writing,  to  the  Governor,  annually  on  or  be- 
fore the  first  day  of  December,  and  at  such  other  times  and  in  such 
manner  and  upon  such  subjects  as  the  Governor  may  require.  Trie 
annual  report  shall  contain  (1)  a  statement  of  the  extent  to  which 
vocational  education  has  been  established  and  maintained  in  the  State; 
(2)  a  statement  of  the  existing  condition  of  vocational  education  in  the 
State;  (3)  a  statement  of  suggestions  and  recommendations  with  ref- 
erence to  the  development  of  vocational  education  in  the  State;  and 
(4)  an  itemized  statement  of  the  amounts  of  money  received  from 
Federal  and  State  sources,  and  of  the  objects  and  purposes  to  which 
the  respective  items  of  these  several  amounts  have  been  devoted;  and 

(h)  To  make  such  reports  to  the  Federal  Board  for  Vocational 
Education  as  may  be  required  by  the  provisions  of  the  Federal  Voca- 
tional Education  Law,  and  by  the  rules  and  regulations  of  the  Federal 
Board   of   Education. 

§  5.  The  State  Treasurer  shall  act  as  the  custodian  of  all  moneys 
allotted  to  this  State  under  the  nrovisions  of  the  Federal  Vocational 
Education  Law.  These  moneys  shall  be  kept  by  the  State  Treasurer 
in  a  separate  fund,  to  be  known  as  "The  Federal  Vocational  Educa- 
tion Fund"  and  shall  be  paid  out  only  upon  the  requisition  of  the  Board 
for  Vocational  Education,  in  the  manner  hereinafter  provided. 

The  Auditor  of  Public  Accounts  is  hereby  authorized  and  directed 
to  draw  warrants  upon  the  State  Treasurer  against  "The  Federal  Vo- 
cational Education  Fund,"  upon  vouchers  certified  to  as  correct  by  the 
executive  officer  of  the  Board  for  Vocational  Education  and  approved 
by  the  Department  of  Finance. 

§  G.  Because  of  an  emergency,  this  Act  shall  take  effect  upof 
its  passage. 

Approved  March  6,  1919. 


-59   L 


930  SEARCH   AND   SEIZURE. 


SEAKCH  AND  SEIZUEE. 


ENFORCEMENT    OP   LIQUOR    LAWS. 

§     1.     Definitions  of  words  and  phrases        §   13.     Liquor   to    be   used   as    stated    in 
used.  record — kept  in  original  labeled 

vessel — penalty. 
Permit      for      manufacture      and 

sale  of  liquor — form.  §   14.     Forging-    signature  —  destroying 


record   or   label — penalty 
Purposes    for    which    liquor    may 

be  manufactured.  §   15      what     deciarea     common 

ances — penalty. 


Sale     of     compounds     or     tablets 
prohibited. 

§    1G.     Complaint   for   search   warrant — 

Advertising   prohibited.  form. 

Shipment     or     transportation     of  §   17.     Search     warrant — form — removal 

liquor.  during   night. 

Record     of     shipments  —  form —  ^    lg      officer's   return   upon   warrant  — 

subject    to    inspection — penalty  final  judgment  bar  to  all  suits 

for  false  record.  for  recovery  of  liquor. 

Penalty    for   violation    of    certain  e    19       Complaint      of      officer      serving 

sections  of  Act.  search   warrant — evidence. 

When    druggists    may    keep    and  0    20      No  person   excused  from  testify- 

dispense     liquor  —  record  —  la-  *        ■          j'     because   of   self-incrimina- 

bel  —  form    of    purchaser  s    ap-  j.:^ 
plication  to  druggist. 

I  10.     Penalty    for    violation    of    section  S    2L     Maintaining    c_     nuisance 

of  lessee  or  tenant. 


9. 


§    n-     ^S3!£"orSS£^c.«S        §22.     Owner    of    building    or    premises 
of  certificate  not  to  permit  or  keep  common 

nuisance. 

§    12.     Physicians  —  prescription  —  pen- 
alty   for    violation — revocation        §   23.     Prosecutions    and    proceedings  — 
of  license.  evidence. 

(Senate  Bill  No.  130.     Approved  June  21,  1919.) 

An  Act  to  restrict  the  manufacture,  possession  and  use  of  intoxicating 
liquor  within  prohibition  territory. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  words  and  phrases 
mentioned  in  this  section,  as  used  in  this  Act  and  in  proceedings  pur- 
suant hereto,  shall,  unless  the  same  be  inconsistent  with  the  context,  be 
construed  as  follows: 

"Carrier"  shall  include  only  common  carriers  of  property  who 
have  filed  their  schedules  of  rates  with,  and  are  operating  under  the 
jurisdiction  of  the  State  Public  Utilities  Commission;  and  draymen, 
expressmen  and  carters,  who  are  common  carriers  of  property  and 
operating  under  a  license  from  the  city,  village  or  incorporated  town 
within  which  they  operate;  and  common  carriers  of  property  which  are 
owned  or  operated  by  any  city  of  this  State. 

"Druggist"  shall  mean  the  proprietor  of  a  retail  drug  store,  phar- 
macy or  apothecary,  who  is  duly  authorized  by  law  to  sell  intoxicating 
liquor  within  prohibition  territory,  for  medicinal,  mechanical,  sacra- 
mental, chemical  and  manufacturing  purposes,  and  also  the  registered 
pharmacist  in  personal  charge  of  the  pharmacy  in  any  bona  fide  hos- 
pital. 


SKARCIl   AND   SEIZURE.  931 


"Highway"  shall  mean  any  water  course,  lake,  aerial  way,  rail- 
road, road,  alley,  path  or  way  which  is  open  to  the  use  of  the  public. 

"Intoxicating  Liquor  or  Liquors"  shall  include  all  distilled,  spirit- 
uous, vinous,  fermented  or  malt  liquors  which  contain  more  than  one- 
half  of  one  per  cent  by  volume  of  alcohol  and  all  alcoholic  liquids,  com- 
pounds and  preparations,  whether  proprietary,  patented  or  not,  which  are 
potable  and  which  are  capable  of  or  suitable  for  being  used  as  a 
beverage. 

"Judge"  shall  mean  judge,  justice  of  the  peace  or  police  magis- 
trate. 

"Police  officer"  shall  include  all  sheriffs,  deputy  sheriffs,  constables, 
marshals,  policemen,  mayors,  aldermen,  presidents  and  trustees  of  vil- 
lages and  towns,  city  and  village  commissioners  and  all  other  conserva- 
tors of  the  peace. 

"Prohibition  Territory"  shall  mean  any  and  all  territory  in  this 
State  within  which,  by,  under  or  through  any  ordinance  of  any  munici- 
pality or  any  statute  or  statutes  of  this  State,  or  any  statute  or  statutes 
of  the  United  States,  the  sale  of  intoxicating  liquor  or  the  licensing  of 
such  sale,  is  prohibited  with  or  without  exceptions  or  limitations:  Pro- 
vided, the  phrase  "prohibition  territory"  shall  not  be  construed  to  in- 
clude territory  within  which  a  municipal  ordinance,  providing  for  the 
granting  of  dramshop  licenses  within  such  territory,  is  in  force  and 
not  suspended :  Provided,  however,  that  during  the  period  that  any 
statute  of  the  United  States  prohibiting  the  sale  of  intoxicating  liquor 
is  in  force,  all  ordinances  providing  for  the  granting  of  dramshop 
licenses  shall  be  suspended. 

§  2.  Whoever,  under  this  Act,  manufactures,  sells  or  keeps  for 
sale  any  intoxicating  liquor  for  medicinal,  sacramental,  chemical,  me- 
chanical or  manufacturing  purposes,  in  prohibition  territory,  shall  first 
secure  from  the  Attorney  General  of  this  State  a  permit  to  manufac- 
ture, sell  or  keep  for  sale,  such  intoxicating  liquor.  Any  person  de- 
siring to  obtain  a  permit  as  herein  provided,  shall  file  a  written  ap- 
plication with  the  Attorney  General,  giving  his  name  and  address, 
nature  of  his  business,  and  full  statement  of  grounds  on  which  ap- 
plication is  made.  Such  permit  shall  be  in  substantially  the  following 
form: 

STATE  OF  ILLINOIS 

Office  of  the  Attorney  General. 

This  is  to  certify  that ,   located 

at (house  or  building  number  and  street)  in 

the (city  or  village)  of ,  in  the 

county  of ,  Illinois,  is  authorized  for  a  period  of 

twelve   (12)   months  from  the  date  of  this  permit,  to (manufac- 
ture, sell  or  keep  for  sale)   intoxicating  liquor  for 

(medicinal,  sacramental,  chemical,  mechanical  or  manufacturing:)   pur- 
poses at (house  or  building  number  and  street)   in  the 

(city  or  village)    of in  the  county  of 

,  Illinois.     Subject  to  the  provisions  of  all   State  or 

United  States  statutes  or  municipal  ordinances,  affecting  the  manufac- 


932  SEARCH    AND    SEIZURE. 


ture,  sale  or  keeping  for  sale,  of  intoxicating  liquor,  now  or  hereinafter 
in  effect  during  the  life  of  this  permit. 

Given  under  my  hand  and  seal  in  the  City  of  Springfield,  State 
of  Illinois,  this day  of ,  19 ...  . 


Attorney  General  oe  the  State  oe  Illinois. 

§  3.  Whoever,  shall,  within  prohibition  territory,  by  himself  or 
another,  either  as  principal,  clerk  or  servant,  in  any  manner  manufac- 
ture, keep  for  sale,  order,  purchase,  receive,  transport  upon  any  high- 
way, cause  to  be  transported  upon  any  highway,  take  an  order  for,  sell, 
give  away,  or  dispose  of,  or  aid  any  person  in  procuring  any  intoxicating 
liquor  in  any  quantity  whatsoever,  shall  be  punished  in  the  manner  pre- 
scribed in  section  eight  (8)  of  this  Act:  Provided,  that  nothing  in 
this  Act  shall  be  construed  to  forbid  the  manufacture,  storage  in  bonded 
warehouses,  or  transportation  in  bond,  of  intoxicating  liquor  for  medi- 
cinal, sacramental,  chemical,  mechanical  and  manufacturing  purposes, 
under  such  restrictions  and  regulations  as  are  now  or  may  hereafter  be 
provided  by  the  laws  of  the  United  States  or  of  this  State ;  nor  to  forbid 
the  sale  by  such  manufacturer  to  wholesale  druggists  and  to  manufac- 
turers of  bona  fide  pharmaceutical  preparations,  and  by  such  wholesale 
druggists  to  druggists  and  manufacturers  of  bona  fide  pharmaceutical 
preparations;  nor  to  forbid  the  manufacture  of  vineafar  under  sucfi. 
regulations  and  restrictions  as  are  now  or  may  hereafter  be  provided  by 
the  laws  of  the  United  States,  or  of  this  State;  nor  to  forbid  the  pur- 
chasing or  keeping  for  sale  of  intoxicating  liquor  for  medicinal,  sacra- 
mental, chemical,  mechanical  and  manufacturing  purposes  when  pur- 
chased and  kept  for  sale  in  accordance  with  this  Act;  nor  to  forbid  any 
consignee  from  transporting  his  vessel  or  package  of  intoxicating  liquor 
from  the  nearest  place  of  delivery  to  the  nearest  carrier  to  the  place 
where  such  liquor  is  to  be  used;  nor  to  forbid  any  person  to  whom 
any  druggist  of  the  county  has  lawfully  delivered  any  bottle  or  vessel 
of  intoxicating  liquor  from  transporting  such  liquor  to  the  place  where 
it  is  to  be  used  in  such  county. 

§  4.  Whoever  shall,  within  prohibition  territory,  in  any  manner 
manufacture,  advertise,  sell,  keep  for  sale,  order,  purchase,  receive, 
transport,  take  an  order  for,  give  away  or  in  any  manner  dispose  of 
any  preparation,  compound  or  tablet  from  which  intoxicating  liquor  as 
a  beverage  is  made,  shall  be  punished  in  the  manner  prescribed  in 
section  eight  (8)  of  this  Act. 

§  5.  Whoever  shall,  by  himself  or  another,  either  as  principal, 
clerk  or  servant,  within  prohibition  territory,  directly  or  indirectly,  in 
any  newspaper,  periodical,  circular,  handbill  or  price  list,  advertise  any 
intoxicating  liquor  for  sale  or  distribution,  or  publish  or  distribute  any 
printed  matter  which  either  directly  or  indirectly  advertises  any  intoxi- 
cating liquor  for  sale  or  distribution,  or  display  or  post  or  suffer  to  be 
displayed  or  posted,  in,  on  or  about  any  building,  premises,  boat,  vehicle 
or  any  other  place  whatsoever  under  his  control,  any  sign  or  other  ad- 
vertisement   of    any    liquor   manufacturer,    wholesale    or    retail    liquor 


SEARCH    AND   SEIZURE.  933 


dealer,  or  display  or  post  or  suiter  to  be  displayed  or  posted,  any  sign 
or  other  advertisement  indicating  that  intoxicating  linuor  is  kept  or 
distributed  at  such  building,  premises,  boat,  vehicle  or  other  place,  shall 
be  punished  in  the  manner  prescribed  in  section  eight  (8)  of  this 
Act. 

§  6.  Whoever  shall,  by  himself  or  another,  either  as  principal, 
clerk  or  servant,  within  this  State,  ship  or  cause  to  be  shipped,  or  offer 
for  shipment,  or  transport  by  any  means  whatsoever  upon  any  highway 
in,  through  or  into  prohibition  territory,  any  vessel  or  package  contain- 
ing any  intoxicating  liquor  which  is  not  so  labeled  or  marked  on  the 
outside  cover  thereof  as  to  plainly  show  the  true  name  and  address  of 
the  consignor  and  consignee,  the  kind  and  quantity  of  liquor  contained 
therein,  and  the  purpose  for  which  such  liquor  is  to  be  used  by  the 
consignee,  and  the  place  where  such  liquor  is  to  be  used  by  the  con- 
signee, shall  be  punished  in  the  manner  prescribed  in  section  eight  (8) 
of  this  Act. 

§  7.  Nothing  in  this  Act  shall  be  construed  to  forbid  any  carrier 
from  receiving  and  transporting  intoxicating  liquor  upon  any  highway 
within  prohibition  territory,  when  labeled  as  aforesaid,  so  long  as 
such  carrier  shall,  immediately  upon  receipt  of  each  and  every  vessel 
or  package  of  intoxicating  liquor,  make  a  legible  record  in  a  perman- 
ently bound  book  which  such  carrier  shall  provide  for  that  purpose 
and  for  that  purpose  only,  of  the  date  of  the  reception  of  such  vessel 
or  package,  (if  received  from  another  carrier)  the  name  thereof,  the 
full  and  true  name  and  address  of  the  consignor  and  consignee,  (stat- 
ing the  street  and  house  number  of  the  consignee,  if  there  be  such;  if 
not,  then  otherwise  distinctly  designating  his  place  of  residence  and  the 
place  where  the  liquor  is  to  be  kept)  the  kind  and  quantity  of  liquor 
contained  in  such  package,  the  purpose  for  which  such  liquor  is  to  be 
used  by  the  consignee,  the  date  of  delivery  to  the  consignee,  and  shall 
before  delivering  such  liquor,  secure  the  signature  of  the  consignee  to 
a  statement,  in  the  presence  of  a  witness,  in  such  record  book;  and 
shall  keep  a  duplicate  of  such  book  on  the  vehicle  on  which  any  such 
liquor  is  being  transported  on  any  highway,  open  to  the  inspection  of 
all  peace  officers,  and  shall  keep  for  the  period  of  three  (3)  years  such 
record  book  and  all  statements  of  consignees  open  to  the  full  and  free 
inspection  of  all  peace  officers  and  their  deputies  and  agents,  during 
business  hours  at  the  office  from  which  the  delivery  is  to  be  or  was 
made,  and  to  allow  all  such  officers,  their  deputies  and  agents,  to  copy 
any  part  or  the  whole  of  any  such  record  book  or  statement.  Each 
page  of  such  record  shall  be  substantiallv  in  the  following  form : 


1)34 


SEARCH    AND    SEIZURE. 


Carrier's  Liquor  Eecord 
(Name  of  Carrier) 


Date  When  Liquor 

B,eceived  by  this 

Carrier. 

Name  of  Con- 
signor 

Address    of    Con- 
signor. 

From   What    Car- 
rier Received. 

Name  ofConsignee 

Residence  Ad- 
dress of  Con- 
signee. 

Business   Address 
of  Consignee. 

Place  Where  Liq- 
uor is  to  be  kept 
by  Consignee. 

Kind  of  Liquor 

Quantity    of    Liq- 
uor 

Purpose    for 

Which    Liquor    is 

to  be  used  by 

Consignee. 

Date    of    delivery 
to  Consignee. 

Consignee's  Statement  to  Carrier. 

To (Name    of    Carrier)  : 

I  do  hereby  solemnly  certify  upon  my  honor  and  under  penalty  of 

the  law  that  my  full  and  true  name  is > 

that  I  am  the  bona  fide  consignee  to  whom  the  intoxicating  liquor  re- 
ferred to  in  the  foregoing  record  is  consigned;  that  I  have  never  been 
convicted  of  any  violation  of  the  law  entitled :  "An  Act  to  restrict  the 
manufacture,  possession  and  use  of  intoxicating  liquor  within  prohibi- 
tion territory";  that  each  and  every  statement  made  in  said  record  is 
true  and  correct;  that  I  will  not  use  or  suffer  any  other  person  to  use 
said  liquor  for  any  other  purpose  than  the  one  therein  specified,  and 
will  keep  said  liquor  at  the  place  designated  until  used. 

Signed  at . .  . ,  Illinois,  this ....  day  of ......... ,  19 .  . . 

(Signature  of  Consignee) 

(Signature  of  Witness) 
Provided,  the  phrase,  "Have  never  been  convicted"  when  applicable 
to  a  druggist,  shall  be  construed  in  harmony  with  section  ten  (10)  of 
this  Act.    No  carrier  shall,  within  prohibition  territory,  turn  over  or  de- 


SEARCH.    AND   SEIZURE.  '.)'.',: 


liver  any  intoxicating  liquor  under  any  circumstances  whatsoever  to 
any  person  who  has  been  convicted  of  any  violation  of  any  provision  of 
this  Act,  to  any  minor,  to  any  person  intoxicated,  to  any  person  in  the 
habit  of  getting  intoxicated,  to  any  person  under  a  fictitious  name,  to 
any  consignee  who  is  not  personally  known  to  the  carrier,  to  any  person 
other  than  the  bona  fide  consignee,  or  to  any  consignee  whomsoever 
except  when  consigned  as  follows: 

First — To  a  druggist:  Provided,  it  shall  be  sufficient  for  the  label 
on  the  package  of  such  liquor  and  the  record  to  show  that  such  liquor 
is  for  a  druggist  without  setting  forth  the  purposes  for  which  he  may 
dispose  of  the  same. 

Second — Wine:  To  any  bona  fide  church  or  religious  society  for 
sacramental  purposes.  Provided,  the  priest,  rabbi,  minister  or  some 
authorized  official  of  such  church  or  society,  who  is  personally  known 
to  the  carrier,  shall  sign  the  statement  for  and  on  behalf  of  such  church 
or  society. 

Third — Alcohol :  To  any  person  for  chemical,  mechanical  or  manu- 
facturing purposes. 

All  intoxicating  liquors  while  in  the  custody  of  any  carrier  shall 
be  subject  to  inspection  of  all  peace  officers  and  such  officers  shall  be 
permitted  to  enter  the  premises  and  vehicle  of  any  carrier  for  that  pur- 
pose. Whoever,  by  himself  or  another,  either  as  principal,  clerk  or 
servant,  shall  fail,  refuse  or  neglect  to  discharge  any  duty  imposed  by 
this  section,  or  shall  make  any  false  entry  in  any  such  record  book,  or 
deliver  any  intoxicating  liquor  to  any  consignee  except  for  the  foregoing 
purposes,  or  before  the  consignee  shall  have  signed  the  foregoing  state- 
ment in  the  presence  of  a  witness,  or  do  any  other  act  prohibited  by 
this  section,  shall  for  each  offense  be  punished  in  the  manner  prescribed 
in  section  eight  (8)  of  this  Act. 

§  8.  Whoever  shall  violate  any  provision  of  either  of  sections 
three  (3),  four  (4),  five  (5),  six  (6),  seven  (7),  or  thirteen  (13)  of 
this  Act,  or  shall  do  or  neglect,  omit  or  refuse  to  do,  anything  required 
or  prohibited  by  this  Act  when  there  is  no  specific  penalty  or  punish- 
ment imposed  by  this  Act  for  such  act  or  omission,  shall  for  each  offense, 
upon  conviction  thereof,  be  fined  not  less  than  fifty  dollars  ($50.00)  nor 
more  than  five  hundred  dollars  ($500.00),  or  imprisoned  in  the  county 
jail  for  not  less  than  twenty  (20)  days  nor  more  than  sixty  (60)  days,  or 
both  in  the  discretion  of  the  court.  If  any  person  shall  be  convicted  of 
violating  any  provision  of  any  such  sections,  and  shall  subsequently  vio- 
late any  provision  of  any  such  sections,  for  such  second  and  each  subse- 
quent violation  he  shall,  upon  conviction  thereof,  be  fined  not  less  than 
two  hundred  dollars  ($200)  nor  more  than  five  thousand  dollars 
($5,000),  and  be  imprisoned  in  the  county  jail  for  not  less  than  ninety 
(90)  clays  nor  more  than  one  (1)  year,  in  the  discretion  of  the  court. 

§  9.  Nothing  in  this  Act  shall  be  construed  to  forbid  any  drug- 
gist, who  has  received  the  permit  provided  for  in  section  two  (2),  from 
keeping  intoxicating  liquor  and  dispensing  the  same,  so  long  as  he  shall 
faithfully  provide  and  keep  all  the  records,  prescriptions  and  applications 
provided  for  herein:  nor  to  prohibit  him  if  lie  be  a  registered  pharina- 


930  SEARCH   AND   SEIZURE. 


cist,  local  registered  pharmacist  or  registered  assistant  pharmacist,  nor 
to  prohibit  any  registered  pharmacist  or  local  registered  pharmacist  or 
registered  assistant  pharmacist  employed  by  such  druggist  within  his 
pharmacy,  from  dispensing  intoxicating  liquor  for  medicinal  purposes 
only  upon  the  written  prescription  in  each  instance  of  a  duly  licensed 
physician  personally  known  to  such  druggist  and  actively  engaged  in 
the  practice  of  his  profession,  provided  such  prescription  shall  be  written 
in  ink,  addressed  to  such  druggist,  dated  and  signed  by  such  physician, 
and  shall  state  the  full  and  true  name  and  residence  address  (stating 
the  street  and  house  number  if  there  be  such,  if  not  then  otherwise  dis- 
tinctly designating  his  j)lace  of  residence)  of  the  person  for  whom  the 
liquor  is  prescribed,  and  likewise  the  place  where  such  liquor  is  to  be 
administered,  and  that  such  physician  has  personally  examined  such  per- 
son and  that  he  is  in  immediate  need  of  the  kind  and  amount  of  liquor 
prescribed,  and  state  the  name  and  address  as  aforesaid,  of  the  person 
to  whom  such  druggist  is  to  deliver  such  liquor;  and  provided  such 
druggist,  before  delivering  such  liquor,  shall  cancel  such  prescription  by 
plainly  writing  or  stamping,  in  ink,  across  the  face  thereof  the  word 
"cancelled",  stating  the  elate  (giving  the  date  and  hour)  of  such  delivery; 
and  provided  the  pharmacist  filling  such  prescription  shall  sign  his 
name  to  such  cancellation;  and  provided  further,  that  such  druggist, 
before  such  delivery  shall  make  a  true  and  legible  record  of  such  sale 
in  a  permanently  bound  book,  which  the  druggist  shall  provide  for  that 
purpose  and  that  purpose  only,  giving  the  full  and  true  name  and  resi- 
dence address,  as  aforesaid,  of  the  person  to  whom  delivered,  the  name 
and  residence  address,  as  aforesaid,  of  the  person  for  whom  the  liquor  is 
prescribed  and  the  place  where  it  is  to  be  administered,  the  kind  and 
quantity  of  liquor  sold,  the  purpose  for  which  it  is  sold,  the  date  of  the 
prescription,  the  name  and  address  of  the  physician  issuing  the  same,  and 
shall  secure  a  receipt  upon  such  record  book  for  such  liquor  signed  by 
the  person  to  whom  it  is  delivered,  and  before  delivering  such  liquor 
shall  permanently  attach  to'  the  bottle  or  vessel  a  label  containing  the 
name  and  address  of  the  druggist  making  the  sale  and  a  copy  of  the 
aforesaid  record,  and  provided  such  druggist  shall  keep  such  record  book 
and  all  prescriptions  on  file  at  such  pharmacy  for  the  space  of  five  (5) 
years,  open  to  the  full  and  free  inspection  of  the  public  at  all  times 
during  business  hours.  Provided,  such  druggist  may,  without  such 
prescription,  by  strictly  complying  with  all  the  foregoing  provisions,  sell 
wine  for  sacramental  purposes  only  to  any  bone  fide  church  or  religious 
society  upon  the  written  application  in  each  instance  of  the  _  governing 
body  of  such  church  or  society  personally  presented  by  a  priest,  rabbi, 
minister  or  other  official  of  such  church  or  society  who  is  personally 
known  to  such  druggist  to  be  such ;  and  alcohol  for  mechanical,  chemical 
or  manufacturing  purposes  only  to  any  person  who  is  personally  known 
to  such  druggist  and  who  has  never  been  convicted  of  any  violation  of 
this  Act,  and  is  not  a  minor,  or  an  intoxicated  person,  or  a  person  in 
the  habit  of  getting  intoxicated,  upon  the  written  application  in  each 
instance  personally  presented  by  such  person.  All  such  applications  shall 
be  written  in  ink,  addressed  to  such  druggist,  dated  and  signed,  and 


SEARCH    AND    SEIZURE.  937 


shall  state  the  kind  and  quantity  of  wine  or  alcohol  required,  and  the 
purpose  for  which  it  is  to  be  used,  and  the  full  and  true  name  and 
address  as  aforesaid,  of  the  purchaser,  and  likewise  the  place  where  the 
wine  or  alcohol  is  to  be  kept  and  used,  and  that  he  solemnly  certifies 
upon  his  honor  and  under  penalty  of  the  law  that  he  will  not  use  or 
suffer  any  other  person  to  use,  such  wine  or  alcohol  for  any  other  pur- 
pose than  the  one  specified  in  the  application,  and  will  keep  the  liquor 
at  the  place  designated  until  used.  Such  application  shall  be  cancelled, 
filed  and  kept  as  aforesaid,  and  shall  be  substantially  in  the  following 
form: 

Purchaser's  Application  to  Druggist. 

To ( Name  of  Druggist)  : 

I  do  hereby  solemnly  certify  upon  my  honor  and  under  penalty  of 

the  law  that  my  full  and  true  name  is ; 

that  I  reside  at (house  number  and  street) 

in  the (city  or  village)  of 

in  the  county  of ,  Illinois;  that  I  have  never  been 

convicted  of  any  violation  of  the  law  entitled :  "An  Act  to  restrict  the 
manufacture,  possession  and  use  of  intoxicating  liquor  within  prohibi- 
tion territory";  that  I  require (quantity)    of 

(wine  or  alcohol)  to  be  used  for 

(sacramental,    mechanical,    chemical    or    manufacturing)    purposes    at 

(house  number  and  street)  in  the 

(city  or  village)  of in  the  county  of 

Illinois;  that  I  will  not  use  or  suffer  any  other  person  to  use  such 

(wine  or  alcohol)  for  any  other  purpose  than  the  one 

above  specified  and  will  keep  the (wine  or  alcohol)   at  the 

place  designated  until  used. 


(Signature  of  Purchaser) 
§  10.  Any  druggist  who  shall,  by  himself  or  another,  within 
prohibition  territorj',  sell,  give  away,  or  in  any  manner  dispose  of  any 
intoxicating  liquor,  or  in  any  manner  aid  any  person  in  procuring  any 
intoxicating  liquor,  in  any  quantity  whatsoever,  without  strictly  com- 
plying with  sections  two  (2)  and  nine  (9)  of  this  Act  shall,  for  each 
offense,  be  fined  not  less  than  two  hundred  dollars  ($200)  nor  more 
than  four  hundred  dollars  ($400)  or  imprisoned  in  the  county  jail 
for  not  less  than  ten  (10)  days  nor  more  than  thirty  (30)  days  or  both, 
in  the  discretion  of  the  court;  and  it  shall  be  unlawful  for  him,  either 
with  or  without*  a  permit,  to  receive  or  keep  any  intoxicating  liquor 
within  prohibition  territory  for  the  period  of  two  (2)  years  after  such 
first  conviction.  The  court  in  which  such  conviction  is  had  shall  send 
notice  to  the  Attorney  General,  upon  receipt  whereof  the  permit  provided 
for  in  section  two  (2)  shall  be  forthwith  revoked  for  the  period  of  two 
(2)  years  after  such  conviction.  If  any  druggist  shall  be  convicted  of 
violating  any  provision  of  this  section,  and  shall  subsequently  violate 
any  provision  of  this  section,  he  shall,  upon  conviction  thereof,  for  each 
offense,  be  fined  not  less  than  four  hundred  dollars    ($400)   nor  more 


938  SEARCH   AND    SEIZURE. 


than  eight  hundred  dollars  ($800),  and  be  imprisoned  in  the  county 
jail  not  less  than  ninety  (90)  days  nor  more  than  one  (1)  year,  in  the 
discretion  of  the  court;  and  it  shall  be  unlawful  for  him,  either  with  or 
without  a  permit  to  receive  or  keep  any  intoxicating  liquor  within  pro- 
hibition territory  for  the  period  of  five  (5)  years  after  such  second 
conviction ;  and  if  he  be  a  registered  pharmacist,  local  registered  pharma- 
cist, or  registered  assistant  pharmacist,  it  shall  be  part  of  the  judgment 
upon  such  second  conviction  that  his  certificate  to  practice  pharmacy 
shall  be  forthwith  revoked,  and  the  court  before  which  such  conviction 
is  had  shall  so  order  and  forthwith  cause  a  copy  of  such  order  to  be 
sent  to  the  Director  of  Eegistration  and  Education,  upon  receipt  whereof 
such  certificate  shall  be  forthwith  revoked  by  the  Department  of  Eegis- 
tration and  Education  and  shall  not  be  renewed  for  the  period  of  two 
(2)  years  after  such  revocation,  and  the  court  shall  further  send  notice 
to  the  Attorney  General,  of  such  conviction,  and  upon  receipt  whereof 
the  permit  provided  for  in  section  two  (2)  shall  be  forthwith  revoked 
for  the  period  of  five  (5)  years  after  such  conviction.  A  certified  tran- 
script of  the  judgment  of  such  conviction  shall  be  sufficient  evidence  of 
such  conviction  to  such  Department  of  Eegistration  and  Education  and 
Attorney  General.  And  in  like  manner  if  he  shall  subsequently  violate 
any  provision  of  this  section,  for  such  third  violation  he  shall,  for  each 
offense,  be  fined  not  less  than  five  hundred  dollars  ($500)  nor  more 
than  one  thousand  dollars  ($1,000),  and  be  imprisoned  in  the  peni- 
tentiary for  not  less  than  one  (1)  year  nor  more  than  three  (3)  years, 
and  if  he  be  a  registered  pharmacist,  local  registered  pharmacist,  or 
registered  assistant  pharmacist,  it  shall  be  part  of  the  judgment  upon 
such  third  or  any  subsequent  conviction,  that  his  certificate  to  practice 
pharmacy  shall  be  forthwith  revoked  as  aforesaid,  and  he  shall  forever 
thereafter  be  barred  from  practicing  pharmacy  in  this  State,  or  holding 
any  permit  to  manufacture,  sell  or  keep  for  sale,  intoxicating  liquor. 

§  11.  Any  registered  pharmacist,  local  registered  pharmacist, 
or  registered  assistant  pharmacist  who  shall  sell,  give  away,  or  in  any 
manner  dispose  of  any  intoxicating  liquor,  or  in  any  manner  aid  any 
person  in  procuring  any  intoxicating  liquor  in  any  quantity  whatsoever, 
within  prohibition  territory,  without  strictly  complying  with  sections 
two  (2)  and  nine  (9)  of  this  Act,  shall  for  each  offense,  be  fined  not  less 
than  one  hundred  dollars  ($100)  nor  more  than  four  hundred  dol- 
lars ($400),  or  be  imprisoned  in  the  county  jail  for  not  less  than 
thirty  (30)  days  nor  more  than  ninely  (90)  days  or  both,  in  the  discre- 
tion of  the  court.  If  any  such  pharmacist  shall  be  convicted  of  violating 
any  provisions  of  this  section  and  shall  subsequently  violate  any  pro- 
vision of  this  section,  he  shall  for  each  offense,  be  fined  not  less  than 
two  hundred  dollars  ($200)  nor  more  than  eight  hundred  dollars 
($800)  and  be  imprisoned  in  the  county  jail  for  not  less  than  ninety 
(90)  days  nor  more  than  one  (1)  year,  in  the  discretion  of  the  court; 
and  it  shall  be  part  of  the  judgment  upon  such  second  conviction,  that 
his  certificate  to  practice  pharmacy  shall  be  forthwith  revoked,  and  the 
court  before  whom  such  conviction  is  had  shall  so  order  and  forthwith 
cause  a  copy  of  such  order  to  be  sent  to  the  Director  of  Eegistration  and 


SEARCH    AND    SKIZUJtE.  939 


Education,  upon  receipt  whereof  such  certificate  shall  be  forthwith  re- 
voked by  the  Department  of  Registration  and  Education,  and  shall  not 
be  renewed  for  the  period  of  two  (2)  years  after  such  revocation,  and 
the  court  shall  further  send  notice  of  such  conviction  to  the  Attorney 
General,  upon  receipt  whereof  the  permit  provided  for  in  section  two 
(2)  shall  be  forthwith  revoked  for  the  period  of  two  (2)  years  after 
such  conviction.  A  certified  transcript  of  the  judgment  of  such  con- 
viction shall  be  sufficient  evidence  of  such  conviction  to  such  Depart- 
ment of  Education  and  Registration,  and  Attorney  General.  And  in 
like  manner,  if  he  shall  subsequently  violate  any  provision  of  this  section, 
for  such  third  violation  he  shall,  for  each  offense,  be  fined  not  less  than 
five  hundred  dollars  ($500)  nor  more  than  one  thousand  dollars 
($1,000),  and  be  imprisoned  in  the  penitentiary  for  not  less  than  one 
(1)  year  nor  more  than  three  (3)  years,  and  it  shall  be  part  of  the 
judgment  upon  such  third  conviction  that  his  certificate  to  practice 
pharmacy  shall  be  forthwith  revoked  as  aforesaid,  and  he  shall  forever 
thereafter  be  barred  from  practicing  pharmacy  in  this  State,  and  of 
holding  any  permit  to  muanafcture,  sell  or  keep  for  sale,  intoxicating 
liquor. 

§  12.  Any  physician  who  shall  write  a  prescription  for  intoxi- 
cating liquor  without  having  first  personally  examined  the  person  for 
whom  the  prescription  is  written,  and  without  having  ascertained  that 
such  person  requires  such  liquor  for  medicinal  use,  or  who  shall  make 
a  false  statement  in  any  prescription,  or  write  a  prescription  to  enable 
any  person  to  procure  any  intoxicating  liquor,  or  in  any  manner  procure 
or  aid  in  procuring  any  intoxicating  liquor,  for  any  person  within  prohi- 
bition territory,  except  to  be  used  in  the  treatment  of  a  bona  fide  case 
of  sickness,  shall,  for  each  offense,  be  fined  not  less  than  two  hun- 
dred dollars  ($200)  nor  more  than  five  hundred  dollars  ($500)  or  be 
imprisoned  in  the  county  jail  for  not  less  than  sixty  (60)  days  nor 
more  than  six  (6)  months  or  both,  in  the  discretion  of  the  court.  If 
any  physician  shall  be  convicted  of  violating  any  provision  of  this  sec- 
tion and  shall  subsequently  violate  any  provision  of  this  section,  he 
shall,  for  each  offense,  be  fined  not  less  than  five  hundred  dollars 
($500)  nor  more  than  one  thousand  dollars  ($1,000)  and  be  im- 
prisoned in  the  county  jail  for  not  less  than  six  (6)  months  nor  more 
than  one  (1)  year,  in  the  discretion  of  the  court;  and  it  shall  be 
part  of  the  judgment  upon  such  second  conviction  that  his  license  to 
practice  medicine  shall  be  forthwith  revoked,  and  the  court  before 
whom  such  conviction  is  had  shall  so  order  and  forthwith  cause  a  copy 
of  such  order  to  be  sent  to  the  Director  of  Registration  and  Education, 
upon  receipt  whereof  his  license  to  practice  medicine  shall  be  forthwith 
revoked  by  such  Department  and  shall  not  be  renewed  for  the  period 
of  two  (2)  years  after  such  revocation.  A  certified  transcript  of  the 
judgment  of  such  conviction  shall  be  sufficient  evidence  of  such  con- 
viction to  such  Department.  And  in  like  manner,  if  he  shall  subse- 
quently violate  any  provision  of  this  section,  he  shall,  for  each  offense, 
be  fined  not  less  than  five  hundred  dollars  ($500)  nor  more  than  one 
thousand   dollars    ($1,000)    and    be    imprisoned    in    the    penitentiary 


940  SEARCH   AND   SEIZURE. 


for  not  less  than  one  (1)  year  nor  more  than  three  (3)  years;  and 
it  shall  be  part  of  the  judgment  upon  such  third  conviction  that  his 
license  to  practice  medicine  shall  be  forthwith  revoked  as  aforesaid,  and 
he  shall  forever  thereafter  be  barred  from  practicing  medicine  in  this 
State. 

§  13.  Any  consignee,  purchaser,  or  person  to  whom  any  intoxi- 
cating liquor  shall  be  delivered,  under  the  provisions  of  this  Act,  who 
shall  use  any  intoxicating  liquor  received  from  any  carrier  or  druggist 
for  any  other  purpose  than  the  one  stated  in  such  carrier's  or  druggist's 
record,  or  suffer  any  other  person  to  do  so,  or  who  shall  fail  or  neglect 
to  keep  such  liquor  in  the  original  labeled  vessel  and  at  the  place 
designated,  until  used,  shall  be  punished  in  the  manner  prescribed  in 
section  eight  (8)  of  this  Act.  Provided,  the  sheriff  of  the  county  may, 
in  his  discretion,  grant  a  written  permit  to  remove  such  liquor  to  an- 
other designated  place. 

§  14.  Whoever  shall  forge  the  signature  of  any  consignee  or 
sign  a  fictitious  name,  or  the  name  of  any  other  person  to  any  druggist's 
record  or  to  any  purchaser's  application  to  a  druggist,  or  forge  the  sig- 
nature of  any  physician  to  any  supposed  prescription  for  intoxicating 
liquor,  or  having  been  convicted  of  a  violation  of  any  provision  of  this 
Act,  shall  sign  a  statement  to  any  carrier  or  druggist  in  order  to 
receive  intoxicating  liquor  from  such  carrier  or  druggist  under  the 
provisions  of  this  Act,  or  shall  wilfully  alter,  add  to,  deface,  or  destroy 
any  carrier's  or  druggist's  record,  consignee's  statement  to  carrier,  appli- 
cation to  a  druggist,  prescription  for  intoxicating  liquor,  or  label  upon 
any  vessel  or  package  of  intoxicating  liquor,  or  shall  feloniously  steal 
or  cancel  any  carrier's  or  druggist's  record,  consignee's  statement  to 
carrier,  purchaser's  application  to  a  druggist,  or  prescription  for  intoxi- 
cating liquor,  required  to  be  kept  under  the  provision  of  this  Act,  shall, 
on  conviction  thereof,  be  imprisoned,  in  the  penitentiary  for  not  less 
than  one  (1)  year  nor  more  than  three  (3)  years. 

§  15.  All  places  within  prohibition  territory  where  any  intoxi- 
cating liquor  is  manufactured,  kept  for  sale,  used  or  in  any  manner  dis- 
posed of  in  violation  of  any  provision  of  this  Act,  shall  be  taken  and 
held  and  are  hereby  declared  to  be  common  nuisances,  and  may  be 
abated  as  such;  and  whoever  shall  keep  any  such  place  by  himself  or 
his  agent  or  servant,  shall,  upon  conviction  thereof,  be  fined  not  less 
than  two  hundred  dollars  ($200)  nor  more  than  five  hundred  dollars 
($500)  or  confined  in  the  county  jail  for  not  less  than  thirty  (30)  days 
nor  more  than  six  (C)  months,  or  both,  in  the  discretion  of  the  court, 
and  it  shall  be  part  of  the  judgment,  upon  conviction  of  the  keeper,  that 
the  place  so  kept  shall  be  shut  up  and  abated  until  the  keeper  shall 
give  bond  with  sufficient  surety  to  be  approved  by  the  court  in  the  penal 
sum  of  five  thousand  dollars  ($5,000),  payable  to  the  People  of  the 
State  of  Illinois,  conditioned  that  he  will  not  violate  any  of  the  pro- 
visions of  this  Act,  and  in  case  of  a  violation  of  the  condition  of  such 
bond,  suit  may  be  brought  and  recovery  had  thereon  for  the  amount  of 
said  bond  for  the  use  of  the  county. 

§  16.  All  intoxicating  liquor  manufactured,  kept  for  sale,  used, 
disposed  of,  or  transported  within  prohibition  territory,  in  violation  of 


SEARCH    AND   SEIZURE.  941 


any  law  of  this  Statu,  with  all  vessels  containing  the  same,  and  all  im- 
plements, furniture  and  vehieles  kept  or  used  for  any  such  purposes, 
are  hereby  declared  to  be  common  nuisances,  and  shall  be  subjected  to 
seizure,  confiscation  and  destruction  in  the  manner  hereinafter  provided : 
Whenever  complaint  is  made  in  writing,  verified  by  affidavit,  to  any 
judge  having  cognizance  of  criminal  offenses  within  such  prohibition 
territory,  that  complainant  has  just  and  reasonable  grounds  to  believe 
and  does  believe  that  intoxicating  liquor  is  manufactured,  kept  for  sale, 
used,  disposed  of,  or  transported  in  violation  of  any  law  of  this  State 
in  any  house,  building,  premises,  boat,  vehicle,  receptacle  or  any  other 
place  whatsoever  (particularly  describing  and  designating  the  same)  in 
prohibition  territory,  with  the  facts  upon  which  such  belief  is  based, 
the  judge  may  issue  a  search  warrant  as  hereinafter  provided.  Pro- 
vided hotvever,  no  warrant  shall  be  issued  to  search  a  private  dwelling 
occupied  as  such  unless  such  warrant  is  signed  by  two  judges,  and 
unless  such  residence  is  a  place  of  public  resort,  or  intoxicating  liquor 
is  sold  or  kept  for  sale  in  violation  of  the  law.  Each  complaint  may  be 
substantially  in  the  following  form : 
State  of  Illinois,  ] 

^ss. 
County  of J 

Complaint  for  Search  Warrant. 

The  Complaint  and  Affidavit  of (name 

of  complainant)  of (his  residence)  made  before 

(name  of  officer)  one  of  the ■.  .  (official  title  of  officer) 

in  and  for  said (county,  city  or  village,  as  the  case  may  be) 

on  this,  the day  of ,  19....,  who,  being  first 

duly  sworn,  upon  his  oath  says ;  that  he  has  just  and  reasonable  grounds 
to  believe  and  does  believe  that  intoxicating  liquor  is  now  unlawfully 
(manufactured,  kept  for  sale,  used,  disposed  of,  or  trans- 
ported as  the  ease  may  be)   within  prohibition  territory,  to-wit:     At 

and  within  a  certain (here  describe  the  house,  building, 

premises,  boat,  vehicle,  receptacle,  or  other  place,  to  be  searched,  with 
particulars  as  to  its  location  sufficiently  to  identify  it,  stating  the  name 

of  the  person  occupying  the  same,  if  known)  in  the (city, 

village  or  town)  of in  the  county  and  State 

aforesaid ;  and  that  the  following  are  the  reasons  for  his  belief,  to-wit : 
(here  insert  the  facts  upon  which  such  belief  is  based) . 

Wherefore,  he  prays  that  a  search  warrant  may  issue  according 
to  law. 


(Signature  of  Complainant) 

Subscribed  and  Sworn  to  before  me  this day  of 

,19 


(Official  title  of  officer) 
(Official  title  of  officer) 


942  SEARCH    AND    SEIZURE. 


§  17.  If  the  judge  or  judges  before  whom  any  such  complaint  is 
made  is  satisfied  that  there  is  reasonable  cause  for  such  belief.,  he  shall 
issue  a  warrant  directed  to  any  peace  officer  having  jurisdiction  within 
such  prohibition  territory.,  whom  the  complainant  may  designate,  com- 
manding him  in  the  day  time  to  forthwith  enter  the  house,  building, 
premises,  boat,  vehicle,  receptacle,  or  other  place  therein  described  and 
designated  (which  shall  be  particularly  described  and  designated  in  the 
warrant  as  in  the  complaint)  and  make  diligent  and  careful  search  for 
intoxicating  liquor  and  if  any  intoxicating  liquor  be  there  found,  to 
seize  the  same,  with  the  vessels  containing  the  same,  and  all  implements, 
furniture  and  vehicles  kept  or  used  for  the  purpose  of  violating  or  with 
which  to  violate,  any  law  of  this  State,  and  bring  the  same,  and  any  and 
all  persons  (if  any  there  be)  in  whose  possession  they  are  found,  before 
the  judge  who  issued  the  warrant,  or  in  case  of  his  absence  or  inability 
to  act,  before  some  other  judge  having  cognizance  of  the  case.  Such 
warrant  may  be  substantially  in  the  following  form: 
State  op  Illinois   ] 

j-ss. 
County  oe J 

Search  Warrant 

The  People  of  the  State  of  Illinois: 

To (insert  name  and  official  title 

of  officer)  in  and  for (county,  city  or  village,  as  the 

case  may  be)  of Greeting : 

Whereas,  a  complaint  was  this  day  made  in  writing,  verified  by 

the  affidavit  of (official  title  of  officer)  in  and  for 

said (county,  city  or  village,  as  the  case  may  be), 

stating  that  said  complainant  has  just  and  reasonable  grounds  to  believe 

and  does  believe  that  intoxicating  liquor  is  now  unlawfully 

(manufactured,  kept  for  sale,  used,  disposed  of,  or  transported,  as  the 
case  may  be)  within  prohibition  territory,  to-wit:  At  and  within  a 
certain (here  copy  the  full  descrip- 
tion of  the  place  to  be  searched  as  set  forth  in  the  complaint)  in  the 

(city,  village  or  town)   of 

in  the  county  and  state  aforesaid,  and  from  the  facts  upon  which  such 
belief  is  based,  as  set  forth  in  said  complaint,  the  undersigned  is  satis- 
fied that  there  is  reasonable  cause  for  such  belief. 

We  Therefore  Command  You,  in  the  name  of  the  People  of  the 
State  of  Illinois,  taking  with  you  the  necessary  and  proper  assistance  in 

the (day  or  night  time,  as  the  case  may  be)  to 

forthwith  enter  the  said (house,  building,  premises, 

boat,  vehicle,  receptacle  or  other  place  as  the  case  may  be)  hereinabove 
described,  and  make  diligent  and  careful  search  for  intoxicating  liquor 
and  seize  and  bring  any  and  all  intoxicating  liquor  there  found  and  all 
vessels  containing  the  same,  and  all  implements,  furniture  and  vehicles 
kept  or  used  for  the  purpose  of  violating  or  with  which  to  violate,  any 
law  of  this  State,  there  found,  and  any  and  all  persons  (if  any  there  be) 
in  whose  possession  they  are  found,  forthwith  before  me  at  my  office  in 


SEARCH    AND    SEIZURE.  943 


(insert  location)  or  in  case  of  my  absence  or  in- 
ability to  act,  before  some  other  judge  or  justice  of  the  peace  having 
cognizance  of  the  case,  to  be  dealt  with  according  to  law. 

Given  Under  My  Hand  and  Seal  at  my  said  office  this 

day  of ,  19 .  . .  . 

[seal] 

Provided,  if  it  shall  appear  that  any  such  intoxicating  liquor  is 
likely  to  be  disposed  of  or  removed  during  the  night,  any  two  judges 
may  issue  such  warrant  to  search  any  such  house,  building,  premises, 
boat,  vehicle,  receptacle  or  other  place,  in  the  night  time,  and  shall  so 
direct  and  state  in  the  warrant.  Any  warrant  issued  by  two  judges 
shall  be  returnable  to  either  of  the  judges  issuing  the  same,  or  in  case 
both  be  absent  or  unable  to  act,  before  some  other  judge  having  cog- 
nizance of  the  case.  No  intoxicating  liquor  or  other  property  seized 
by  virtue  of  any  such  warrant  shall  be  discharged  or  returned  to  any 
person  claiming  the  same  on  account  of  any  insufficiency  or  informality 
in  the  complaint  or  warrant,  or  because  it  is  not  under  the  seal  of  the 
judge,  but  the  complaint  or  warrant  may  be  amended  by  the  judge  at 
any  time  pending  the  proceedings.  Any  claimant  shall  be  entitled  to 
have  his  right  of  property  in  such  liquor  and  other  property  tried  in 
a  summary  manner  before  the  judge  to  whom  the  search  warrant  may 
have  been  returned. 

§  18.  When  intoxicating  liquor  is  seized  the  officer  making  such 
seizure  shall  in  his  return  upon  the  warrant,  narticularly  specify  all 
the  intoxicating  liquor  and  other  property  taken,  and  the  place  where, 
and  the  person  (if  any  there  be)  from  whom  the  same  was  taken,  and 
shall  safely  keep  the  same  subject  to  the  disposition  of  the  judge  or 
court.  No  intoxicating  liquor  or  other  property  seized  under  this  Act 
shall  be  taken  from  the  custody  of  the  officer  by  a  writ  of  replevin  or 
other  process,  while  any  proceedings  provided  for  in  this  Act  are  pend- 
ing. A  final  judgment  ordering  the  forfeiture  of  such  intoxicating 
liquor  or  property  so  seized  shall  be  a  bar  to  all  suits  for  the  recovery 
of  the  same  or  the  value  thereof,  or  for  any  damage  arising  by  reason 
of  the  seizing  or  detention  thereof. 

§  19.  If  any  person  shall  be  arrested  upon  any  search  warrant 
the  officer  serving  the  same  shall  forthwith  make  and  file  in  the  proper 
court  or  before  the  proper  judge,  an  information  or  complaint  charging 
a  violation  of  any  of  the  provisions  of  anv  statute  or  municipal  ordi- 
nance of  this  State  that  may  appear  to  have  been  committed  bv  such 
person,  but  nothing  herein  contained  shall  prevent  any  person  from 
filing  such  information  or  complaint  before  or  after  the  search  warrant 
is  issued.  When  any  suit  or  prosecution  is  commenced  for  a  violation 
of  any  law,  all  intoxicating  liquor,  vessels,  implements,  furniture  and 
vehicles  seized  may  be  produced  or  used  as  evidence  upon  such  trial  and 
shall  be  safely  kept  under  the  direction  of  the  judge  or  court,  so  long 
as  may1  be  needed  for  that  purpose.  Such  trial  shall  take  place  as 
speedily  as  possible  and  shall  have  preference  in  the  order  of  hearing 
to  other  cases  pending  before  the  judge  or  court  hearing  the  same.  As 
soon  as  all  such  cases  are  disposed  of,  if  it  shall  appear  that  such  in- 
toxicating liquor  was  manufactured,  kept  for  sale,  used,,  disposed  of,  or 


944  SEARCH    AND    SEIZURE. 


transported  in  violation  of  any  provision  of  any  statute  or  mnnicipal 
ordinance  of  this  State,  or  any  statute  of  the  United  States,  the  same, 
with  the  vessels,  implements,  furniture  and  vehicles  seized  therewith 
shall  be  adjudged  forfeited  and  ordered  forthwith  destroyed  _in  the 
manner  in  which  the  judge  or  court  may  direct,  and  the  officer  execut- 
ing such  order  shall  make  return  thereon  to  such  judge  or  court  as  to 
his  doings  in  the  premises;  otherwise  the  same  shall  be  returned  to  the 
lawful  owner  thereof.  If  it  shall  appear  that  there  was  no  probable 
cause  for  swearing  out  the  search  warrant,  the  costs  may  be  taxed 
against  the  complainant  and  execution  awarded  therefor. 

§  20.  No  person  shall  be  excused  from  testifying  or  giving  evi- 
dence before  any  grand  jury  or  in  any  action,  proceedings  or  prosecu- 
tion relative  to  any  violation  of  this  Act,  on  the  ground  that  his  tes- 
timony or  evidence  might  or  would  tend  to  incriminate  him,  but  no 
such  testimony  or  evidence  shall  in  any  manner  be  used  against  him 
in  any  action  or  prosecution  for  any  crime,  misdemeanor  or  forfeiture 
under  any  law  or  municipal  ordinance  of  this  State,  except  for  perjury 
committed  in  giving  his  testimony  or  evidence:  Provided,  that  such 
immunity  shall  extend  only  to  a  natural  person,  who  in  obedience  to 
a  subpoena,  gives  testimony  under  oath  or  produces  evidence,  docu- 
mentary or  otherwise,  under  oath. 

§  21.  If  any  lessee  or  tenant  of  any  building  or  premises  uses 
such  building  or  premises,  or  any  part  thereof  in  maintaining  a  com- 
mon nuisance,  as  defined  in  this  Act,  or  permits  such  use  by  another, 
such  use  shall  work  a  forefeiture  of  all  rights  of  the  lessee  or  tenant, 
and  render  void  the  lease  or  contract  of  rent  upon  such  building  or 
premises,  and  shall  cause  the  right  of  possession  to  forthwith  revert  to 
the  owner  or  lessor,  who  may  make  immediate  entry  upon  the  premises 
or  may  avail  himself  of  any  and  all  remedies,  either  at  law  or  in 
equity. 

§  22.  Whoever  knowingly  permits  any  building  or  premises,  or 
any  part  thereof,  owned  or  leased  by  him,  or  under  his  control,  to  be 
used  to  keep  or  maintain  a  common  nuisance,  as  defined  in  this  Act, 
or  after  being  notified  of  such  use,  omits  to  take  all  reasonable  measures 
to  eject  therefrom  the  person  so  using  the  same,  shall  be  deemed  guilty 
of  keeping  and  maintaining  such  common  nuisance  and  shall  be  pun- 
ished accordingly. 

§  23.  In  all  prosecutions  and  proceedings  under  this  Act,  by  in- 
dictment, information,  complaint  or  otherwise,  it  shall  not  be  neces- 
sary to  state  the  kind,  nor  the  quantity  of  intoxicating  liquor,  manu- 
factured, kept  for  sale,  used,  disposed  of,  or  transported;  nor  to  de- 
scribe the  place  where  the  offense  was  committed,  except  that  nuisances 
and  places  to  be  searched  shall  be  described  in  the  manner  herein  pro- 
vided; nor  to  show  the  knowledge  of  the  principal  to  convict  for  the 
acts  of  an  agent,  clerk  or  servant.  All  courts  in  this  State  shall  take 
judicial  notice  of  all  prohibition  territory.  If  any  person  shall  be  con- 
victed of  violating  any  provision  of  this  Act  and  shall  subsequently 
violate  any  provision  of  this  Act,  it  shall  not  be  necessary  to  set  out 
such  former  conviction  at  length,  but  it  shall  be  sufficient  to  state  iu 
that  regard,  the  time  when  and  the  name  of  the  court  where  such  former 


S0LDIEKS    AND   8AILOES.  945 


couviction  was  had.  All  record  books  of  carriers  and  druggists,  state- 
ments, prescriptions,  and  waybills  used  in  handling,  shipping,  trans- 
porting, delivering  or  dispensing  any  intoxicating  liquor,  under  this 
Act,  or  a  sworn  or  examined  copy  thereof,  shall  be  prima  facie  evi- 
dence of  the  facts  therein  stated  in  all  courts  of  this  State.  The  issuance 
of  the  internal  revenue  snecial  tax  stamp  or  receipt  by  the  United 
States  to  any  person  as  a  wholesale  or  retail  dealer  in  liquors  or  in 
malt  liquors  at  anv  place  within  prohibition  territory  shall  be  prima 
facie  evidence  of  the  keeping  for  sale  of  intoxicating  liquor  by  such 
person  at  such  place;  or  at  any  place  of  business  of  such  person  within 
prohibition  territory  where  such  stamp  or  receipt  is  posted  and  at 
the  time  charged  in  any  suit  or  prosecution  under  this  Act :  Provided, 
such  time  is  within  the  life  of  such  stamp  or  receipt.  If  any  fluid  in 
or  about  any  place  for  the  search  of  which  a  warrant  has  been  issued 
or  is  about  to  be  issued,  be  poured  out  or  otherwise  destroyed  at  the 
time  or  before  such  place  is  searched,  manifestly  for  the  purpose  of 
preventing  its  seizure,  such  pouring  or  destruction  shall  be  prima  facie 
evidence  that  such  fluid  was  intoxicating  liquor  and  was  then  and  there 
kept  or  transported  in  violation  of  this  Act. 
Approved  June  21,  1919. 


SOLDIERS  AND  SAILORS. 


BRONZE  MEDALS. 

§   1.     To    be    awarded    to    residents    in        §  4.     Adjutant     General     to     award 

service    during    war    with    Ger-  medals. 

many. 

§  5.     Rules    and    regulations — Adjutant 
§   2.     Qualifications.  General  to  make. 

§   3.     Design    to    be    approved    by    Ad- 
jutant General. 

(Senate  Bill.  No.  331.     Approved  June  28,  1919.) 

An  Act  to  authorize  the  award  of  medals  to  persons  from  the  State, 
of  Illinois  who  were  engaged  in  the  military  or  naval  service  of  the 
United  States  during  the  war  betiveen  the  United  States  and  the 
Imperial  German  Government. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Bronze  medals  with  suitable 
device  shall  be  awarded  to  residents  of  this  State  who  have  been  en- 
gaged in  the  military  or  naval  service  of  the  United  States  during 
the  war  between  the  United  States  and  the  Imperial  German  Govern- 
ment. 

§  2.  Such  medals  shall  be  awarded  only  to  commissioned  officers, 
noncommissioned  officers  and  privates  in  the  military  and  naval  service 
of  the  United  States : 

(a)  Whose  service  in  the  army  or  navy  shall  have  been  honorable, 
in  case  they  are  not  discharged  at  the  time  such  medals  are  to  be 
awarded;  or 

(b)  Who  have  been  honorably  discharged  from  such  service. 

—60  L 


946 


STATE   FINANCE. 


§  3.  The  medals  provided  for  in  this  Act  shall  be  of  one  design 
approved  by  the  Adjutant  General. 

§  4.  It  shall  be  the  duty  of  the  Adjutant  General  to  prepare  a 
list  of  the  names  and  addresses  of  all  persons  entitled  to  medals  under 
the  provisions  of  this  Act,  and  to  award  medals  to  all  such  persons. 

§  5.  The  Adjutant  General  shall  have  power  to  make  reasonable 
rules  and  regulations  pertaining  to  the  administration  of  the  provisions 
of  this  Act. 

Approved  June  28,  1919. 


STATE  FINANCE. 


STATE   FINANCE. 


§      1.     Fiscal    year — beginning' — close. 

§      2.     Reports — period  of  time  covered. 

§  3.  Executive  officers  —  biennial  re- 
report. 

§      4.     Defines  general  revenue  fund. 

§     5.     Funds  to  be  continued. 

§  6.  Defines  "The  Working  Fund" 
and   "Industrial   Operations." 

§  7.  Appropriations  paid  from  gen- 
eral revenue   fund. 

§  8.  Appropriations  paid  from  special 
funds. 

§  9.  Warrants — to  be  paid  only  on 
presentation  of  itemized 
vouchers — not  to  prevent  pay- 
ment of  State  Fair  premiums 
and  prizes. 

§  10,  Appropriations  for  State  govern- 
ment— itemized  vouchers  —  by 
whom  certified  and  approved. 

§  11.  Appropriation  for  fixed  charges 
—  by  whom  certified  and  ap- 
proved. 

§  12.  Vouchers  for  traveling  expenses 
— requirements. 

§   13.     Appropriations  —  how     classified. 

§   14.     "Salaries   and   wages"    defined. 

§  15.     "Office    expenses"    defined. 

§   16.     "Travel"   defined. 

(Senate  Bill,  No.  207. 


§  17.  "Operation"    defined. 

§  18.  "Working   capital"    defined. 

§  19.  "Repairs"    defined. 

§  20.  "Equipment"    defined. 

§  21.  "Permanent  improvements"  de- 
fined. 

§  22.  "Land"   defined. 

§   23.  "Contingencies"    defined. 

§   24.  "Reserve"    defined. 

§   25.  Appropriation — when    available. 

§  26.  Appropriations — when  made  for  a 
specific  sum  per  annum,  etc. — 
when  available. 

§  27.  Warrants  in  payment  of  con- 
tracts and  liabiilities  —  when 
issued. 

§  28.  Appropriations  to  county  fairs 
—  requirements  —  not  to  be 
used  for  salary  of  officers — 
county  agricultural   advisors. 

§  29.  Salaries  and  wages — payable  on 
last  day  of  month — fraction 
of  month — teaching  or  profes- 
sional  year. 

§  30.  Amount  of  appropriation  not  to 
be   exceeded. 

§  31.  Contracts — when  and  where  copy 
shall   be   filed. 


§   32.     Repeal. 
Approved  June  10,   1919.) 


An  Act  in  relation  to  State  finance. 
Section  1.  Be  it  enacted  oy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  fiscal  year  of  this  State 
shall  commence  on  the  first  day  of  July  and  close  on  the  thirtieth  day 
of  June.  The  first  fiscal  year  under  this  Act  shall  commence  on  the 
first  day  of  July,  A.  D.  1919,  and  the  current  fiscal  year  is  hereby 
abridged  to  end  on  the  thirtieth  day  of  June,  A.  D.  1919. 


STATE    FINANCE.  947 


§  2.  Whenever  the  constitution  or  any  statute,  in  term  or  effect, 
requires  a  report  or  account  to  be  made  or  rendered  by  any  officer,  de- 
partment, institution,  board  or  commission  for  a  year,  such  report  or 
account,  so  far  as  it  relates  to  receipts  and  disbursements  of  money,  shall 
be  for  the  preceding  fiscal  year,  unless  the  calendar  year  be  expressly 
mentioned. 

§  3.  Each  officer  of  the  executive  department  and  all  public  in- 
stitutions of  the  State  shall,  at  least  ten  days  preceding  each  regular 
session  of  the  General  Assembly,  make  and  deliver  to  the  Governor  a 
biennial  report  of  their  acts  and  doings,  respectively,  arranged  so  as 
to  show  the  acts  and  doings  of  each  fiscal  year  separately,  closing  with 
the  fiscal  year  preceding  each  regular  session  of  the  General  Assembly. 

§  4.  All  money,  belonging  to  or  for  the  use  of  the  State,  paid 
into  the  treasury  thereof,  not  belonging  to  any  special  fund  in  the 
State  treasury,  shall  constitute  the  general  revenue  fund. 

§  5.  Until  otherwise  provided  by  law,  the  following  special  funds 
in  the  State  treasury  shall  be  continued: 

(1)  The  fire  prevention  fund; 

(2)  The  University  of  Illinois  fund; 

(3)  The  Illinois  and  Michigan  Canal  fund; 

(4)  The  common  school  fund; 

(5)  The  road  fund; 

(6)  Federal  aid  road  fund; 

(7)  The  waterway  fund; 

(8)  The  State  bond  road  fund. 

§  6.  The  gross  or  total  proceeds,  receipts  and  income  of  all  in- 
dustrial operations  at  the  several  penal  and  reformatory  institutions, 
the  Lincoln  State  School  and  Colony,  the  Illinois  Charitable  Eye  and 
Ear  Infirmary  and  the  Illinois  Industrial  Home  for  the  Blind  shall 
be  covered  into  the  State  treasury  into  a  special  fund  to  be  known  as 
"The  Working  Fund."  "Industrial  operations,"  as  herein  used,  shall 
mean  and  include  the  operation  of  such  State  institutions,  producing,  by 
the  use  of  materials,  supplies  and  labor,  goods,  wares  or  merchandise 
to  be  sold. 

§  7.  All  appropriations,  unless  otherwise  herein  specified,  shall 
be  paid  from  the  general  revenue  fund. 

§  8.  Appropriations,  including  deficiency  appropriations,  for  the 
following  activities  shall  be  payable  from  special  funds  in  the  State 
treasury,  as  follows: 

(1)  For  all  expenses  incident  to  the  fire  marshal  division  of  the 
Department  of  Trade  and  Commerce,  from  the  fire  prevention  fund; 

(2)  For  the  support  and  maintenance  of  the  University  of  Illi- 
nois, from  the  University  of  Illinois  fund,  unless  otherwise  specifically 
provided ; 

For  refunding  excess  taxes  for  the  University  of  Illinois,  from 
the  University  of  Illinois  fund; 

(4)  For  the  enlargement,  maintenance  or  extension  of  the  Illi- 
nois and  Michigan  Canal,  from  the  Illinois  and  Michigan  Canal  fund : 

(5)  For  the  distribution  of  the  common  school  fund  to  the  sev- 
eral counties  and  for  the  payment  of  salaries  and  expenses  of  county 


948  STATE   FINANCE. 


superintendents  of  schools  and  the  amount  to  be  paid  into  the  Illinois 
State  teachers'  pension  and  retirement  fund,  and  for  the  refund  of 
excess  taxes  paid  into  the  common  school  fund,  from  the  common 
school  fund; 

(6)  For  the  construction  and  maintenance  of  the  State  aid  and 
Federal  aid  roads,  and  for  the  payment  of  principal  and  interest  on  any 
bonds  which  may  be  issued,  from  the  road  fund; 

(7)  For  working  capital,  from  the  working  fund. 

§  9.  No  warrant  shall  be  issued  by  the  Auditor  of  Public  Ac- 
counts for  the  the  payment  of  money  from  the  State  treasury  without 
the  presentation  of  itemized  vouchers  showing  that  obligations  have 
been  incurred  against  such  appropriation.  This  section  shall  not  be 
construed  to  prevent  the  Auditor  of  Public  Accounts  from  issuing  a 
warrant  on  the  State  Treasurer,  nor  to  prevent  the  State  Treasurer 
paying  such  warrant,  for  premiums  and  prizes  .offered  at  the  State 
Fair  by  the  Department  of  Agriculture  upon  the  certificate  of  the  Di- 
rector of  the  Department  of  Agriculture  that  premiums  and  prizes  to 
the  amount  named  in  such  certificate  are  outstanding. 

§  10.  When  an  appropriation  shall  have  been  made  by  the  Gen- 
eral Assembly  for  the  ordinary  and  contingent  expenses  of  the  opera- 
tion, maintenance  and  administration  of  the  several  offices,  departments, 
institutions,  boards,  commissions  and  agencies  of  the  State  government, 
the  Auditor  of  Public  Accounts  shall  draw  his  warrant  on  the  State 
Treasurer  for  the  payment  of  the  same  upon  the  presentation  of  item- 
ized vouchers,  issued,  certified,  and  approved,  as  follows : 
For  anoropriations  to 

(I"*  Elective  State  officers  in  the  executive  department,  certified 
and  approved  by  such  officers,  respectively; 

(2)  The  Supreme  Court,  to  be  certified  and  approved  by  the  Chief 
Justice  thereof; 

(3)  Appellate  courts,  to  be  certified  and  approved  by  the  Chief 
Justice  of  such  courts; 

(4)  The  State  Senate,  to  be  certified  and  approved  by  the  Presi- 
dent ; 

(5)  The  House  of  Eepresentatives,  to  be  certified  and  approved 
by  the  Speaker; 

(6)  Clerks  of  courts,  certified  and  approved  by  the  clerk  incur- 
ring expenditure; 

(7)  The  departments  under  the  civil  administrative  code,  to  be 
certified  and  approved  by  the  Department  of  Finance; 

(8)  The  University  of  Illinois,  to  be  certified  to  by  the  presi- 
dent and  secretary  of  the  Board  of  Trustees  of  the  University  of  Ili- 
nois,  with  the  corporate  seal  of  the  University  attached  thereto; 

(9)  The  Adjutant  General,  to  be  certified  to  by  the  Adjutant 
General  and  approved  by  the  Department  of  Finance ; 

(10)  All  other  officers,  boards,  commissions  and  agencies  of  the 
State  government,  certified  to  by  such  officer  or  by  the  president  or 
chairman  and  secretary  or  by  the  executive  officer  of  such  board,  com- 
mission or  agency  and  approved  by  the  Department  of  Finance; 


STATE  FINANCE.  9  19 


(11)  Individuals,  to  be  certified  by  such  individuals,  and  approv- 
ed by  the  Department  of  Finance; 

(12)  The  farmers5  institute,  agricultural,  livestock,  poultry,  sci- 
entific, benevolent,  and  other  private  associations,  or  corporations  of 
whatsoever  nature,  certified  to  by  the  president  and  secretary  of  such 
society  and  approved  by  the  Department  of  Finance; 

'Nothing  contained  in  this  section  shall  be  construed  to  amend  or 
modify  the  State  Civil  Service  Law. 

§  11.  When  an  appropriation  shall  be  made  for  the  following 
fixed  charges,  the  Auditor  of  Public  Accounts  shall  draw  his  warrant 
on  the  State  Treasurer  for  the  payment  of  the  same,  upon  the  presen- 
tation of  itemized  vouchers  issued,  certified,  and  approved  as  follows : 

(1)  For  the  payment  of  the  salary  of  agricultural  advisors,  cer- 
tified by  the  Department  of  Agriculture ; 

(2)  For  local  improvements  and  special  assessments,  certified  by 
the  Attorney  General; 

(3)  For  conveying  convicts  to  the  penitentiary  or  reform  school, 
certified  by  the  sheriff  performing  such  service; 

(4)  For  conveying  juvenile  female  offenders  to  the  State  Train- 
ing School  for  Girls,  and  for  conveying  delinquent  boys  to  the  St  Charles 
School  for  Boys,  certified  by  the  person  or  officer  performing  such 
service ; 

(5)  For  the  apprehension  and  delivery  of  fugitaves  [fugitives] 
from  justice,  certified  by  the  Governor; 

(6)  For  rewards  for  arrests  of  fugitives  from  justice,  certified 
by  the  Governor; 

(7)  For  the  expenses  of  the  transfer  of  insane  persons  to  the 
Chester  State  Hospital,  either  from  any  of  the  other  State  institutions, 
or  upon  the  order  of  mittimus  of  any  of  the  several  courts,  certified 
by  the  person  performing  such  service; 

(8)  For  compensation  for  diseased  animals  condemned  and  de- 
stroyed by  the  State,  certified  by  the  Director  of  Agriculture ; 

(9)  For  excess  of  the  education  of  deaf,  dumb,  blind  and  de- 
linquent children,  certified  by  the  Department  of  Public  Welfare. 

In  each  of  the  above  cases  the  vouchers  shall  be  approved  by  the 
Department  of  Finance. 

In  all  other  cases  for  the  payment  of  fixed  charges,  the  Auditor  of 
Public  Accounts  shall  draw  his  warrant  on  the  State  Treasurer  for  the 
payment  of  the  amount  due  from  the  treasury. 

§  12.  Each  voucher  for  traveling  expenses  shall  be  itemized  and 
shall  be  accompanied  by  a  certificate,  signed  by  the  person  incurring  such 
expense,  certifying  that  the  amount  is  correct  and  just;  that  the  detailed 
items  charged  are  taken  and  verified  from  a  memorandum  kept  by  such 
person;  that  the  amounts  charged  for  subsistence  were  actually  paid; 
that  the  expenses  were  occasioned  by  official  business  or  unavoidable 
delays  requiring  the  stay  of  such  person  at  hotels  for  the  time  specified ; 
that  the  journey  was  performed  with  all  practicable  dispatch  by  the 
shortest  route  usually  traveled  in  the  customary  reasonable  manner; 
and  that  such  person  has  not  been  furnished  with  transportation  or 
money  in  lieu  thereof,  for  any  part  of  the  journey  therein  charged  for. 


950  STATE   FINANCE. 


§  13.  The  objects  and  purposes  for  which  appropriations  are  made 
are  classified  and  standardized  by  items  as  follows ; 

(1)  Salaries  and  wages; 

(2)  Office  expenses; 

(3)  Travel; 

(4)  Operation; 

(5)  Working  capital; 

( 6 )  Kepairs ; 

(7)  Equipment; 

(8)  Permanent  improvements; 

( 9 )  Land ; 

( 10 )  Contingencies ; 

(11)  Eeserve. 

When  an  appropriation  is  made  to  an  officer,  department,  institu- 
tion, board,  commission  or  other  agency,  or  to  a  private  association  or 
corporation,  in  one  or  more  of  the  items  above  specified,  such  appropri- 
ation shall  be  construed  in  accordance  with  the  definitions  and  limita- 
tions specified  in  this  Act,  unless  the  appropriation  act  otherwise  pro- 
vides. 

§  14.  The  item  "salaries  and  wages",  when  used  in  an  appropri- 
ation act,  shall  include  the  reward  or  recompense  made  for  personal 
services. 

§  15.  The  item  "office  expenses",  when  used  in  an  appropriation 
act,  shall  include  the  expenditures  incident  to  the  conduct  and  operation 
of  an  office  for  current  expenses,  and  for  office  conveniences  and  supplies 
which  are  of  a  consumable  nature  and  show  a  material  change  or  ap- 
preciable deterioration  in  first  usage. 

§  16.  The  item  "travel"  when  used  in  an  appropriation  act,  shall 
include  all  charges  and  expenses  necessarily  incident  to  traveling. 

§  17.  The  term  "operation,"  when  used  in  an  appropriation  act, 
shall  include  expenditures  for  materials  and  supplies  and  for  expenses 
incurred  in  the  conduct,  maintenance  and  upkeep  of  a  plant,  institution, 
department  or  office  and  not  comprehended  within  any  other  item.  The 
term  "materials  and  supplies"  asfused  in  this  section,  shall  comprehend 
materials  and  supplies  (other  than  office  supplies)  which  are  of  a  con- 
sumable nature  and  show  a  material  change  or  appreciable  depreciation 
in  first  usage. 

§  18.  The  item  "working  capital,"  when  used  in  an  appropriation 
act,  shall  include  all  expenses  for  material,  labor,  supplies,  fuel,  heat, 
light,  power,  equipment  and  permanent  improvements  incurred  by  any 
State  institution,  office  or  department  for  manufacturing,  producing, 
selling  and  marketing  articles  in  industrial  operations  as  defined  in  this 
Act. 

§  19.  The  item  "repairs,"  when  used  in  an  appropriation  act, 
shall  include  expenditures  for  changes  and  alterations  in  existing  build- 
ings, structures,  facilities  or  units  of  equipment,  not  amounting  to  a 
substantial  change  of  identity  and  not  amounting  to  betterments;  for 
substitutions  for  buildings,  structures,  facilities  or  units  of  equipment, 
the  substitutes  having  substantially  no  greater  value  or  capacity  than  the 


STATE   FINANCE.  S)5J 


things  for  which  they  were  substituted;  for  all  material,  labor,  supplies, 
costs  or  charges  necessary  or  incidental  to  such  repairs  or  replacements. 

§  20.  The  item  "equipment,"  when  uesd  in  an  appropriation  act, 
shall  include  expenditures  for  visible,  tangible  personal  property  of  a 
non-consumable  nature  and  all  items  of  fixtures  or  apparatus  which  are 
usual  or  necessary  for  the  operations  of  any  of  the  offices,  boards,  insti- 
tutions, departments  or  agencies  of  the  State. 

§  21.  The  item  "permanent  improvements,"  when  used  in  an  ap- 
propriation act,  shall  include  expenditures  for  new  buildings  and  the 
enlargement  or  improvement  of  existing  buildings  and  structures  (other 
than  repairs),  the  erection  or  construction  on  land  of  any  new  structure 
or  work  which  constitutes  a  substantial  addition  to  real  estate,  including 
the  total  cost  thereof  in  labor,  material  and  supplies  and  any  other  cost 
or  charge  necessary  or  incidental  to  the  completion  of  the  building  or 
structure,  but  not  including  equipment. 

§  22.  The  item  "land,"  when  used  in  an  appropriation  act,  shall 
include  the  charges  and  expenses  of  the  acquisition  of  real  estate,  whether 
obtained  by  purchase  or  by  condemnation  under  the  eminent  domain 
laws  of  this  State,  and  expenses  necessarily  incidental  to  such  purchase 
or  condemnation. 

§  23.  The  item  "contingencies,"  when  used  in  an  appropriation 
act,  shall  include  expenditures  for  purposes  either  not  covered  in  any 
other  item  or  for  which  the  amount  appropriated  in  such  other  item  is  or 
becomes  insufficient. 

§  24.  The  item  "reserve,"  when  used  in  an  appropriation  act,  shall 
include  expenditures  for  public  purposes  which  were  unforseen  by  the 
General  Assembly. 

§  25.  When  an  appropriation  shall  be  made  without  restriction 
as  to  the  time  of  its  use,  it  shall  be  available  for  expenditure  for  the 
purposes  and  to  the  amount  therein  stated,  from  the  date  that  the  Act 
becomes  effective  to  and  including  the  thirtieth  day  of  June  of  the  year 
in  which  the  next  General  Assembly  shall  convene. 

§  26.  When  an  appropriation  shall  be  expressed  to  be  for  a  specific 
sum  "per  annum",  or  for  a  specific  sum  "for  the  first  year"  and  another 
specific  sum  "for  the  second  year"  the  aggregate  amount  of  the  sums 
appropriated  for  the  two  year  peorid  [period]  shall  be  available  for 
expenditure  for  the  purposes  therein  stated,  from  the  date  that  the  Act 
becomes  effective  to  and  including  the  thirtieth  day  of  June  of  the  year 
the  next  General  Assembly  shall  convene. 

§  27.  In  payment  of  contracts  made  and  liabilities  incurred  within 
the  times  specified  in  this  Act,  warrants  may  issue  at  any  time  until  the 
expiration  of  the  first  fiscal  quarter  after  the  adjournment  of  the  Gen- 
eral Assembly  held  next  after  that  at  which  the  appropriation  was  made. 

§  28.     Conditions  shall  be  attached  to  appropriations  as  follows: 

(1)  All  appropriations  which  shall  be  made  to  the  Department 
of  Agriculture  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  the  Department  of 
Agriculture  of  having  held  an  annual  fair  and  made  an  annual  report 


952  STATE   FINANCE. 


on  or  before  the  fifteenth  day  of  November  of  each  year  to  the  Depart- 
ment of  Agriculture.  Such  appropriations  shall  be  divided  between 
such  county  fairs  or  agricultural  societies  which  shall  have  complied 
with  the  conditions  herein  prescribed  upon  the  following  basis : 

First:     60%  of  the  first  $1,000.00 

Second:     50%  of  the  second  $1,000.00 

Third :     40%  of  the  next  $2,000.00  and 

Fourth:  30%  on  all  in  excess  of  $4,000.00  of  the  total  amount  of 
premiums  paid  at  its  annual  fair  for  the  current  year  for  exhibits  of 
horticulture,  agriculture,  poultry,  live  stock,  and  domestic  and  mechanical 
arts.  On  or  before  the  15th  day  of  November  of  each  year  the  president 
and  secretary  of  each  county  fair  or  agricultural  society  claiming  the 
benefit  of  any  such  appropriation  shall  file  with  the  Department  of 
Agriculture  a  sworn  statement  of  the  actual  amount  of  cash  premiums 
paid  at  the  fair  for  the  current  season,  which  statement  must  correspond 
with  the  published  offer  of  premiums,  and  that  at  such  f airmail  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  societies,  and  on  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  d 
full  statement  of  receipts  and  expenditures  for  the  current  year  duly 
verified  by  the  secretary  of  such  fair  or  agricultural  society.  If,  how- 
ever, 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.     < 

(2)  No  appropriations  made  to  any  agricultural,  live  stock,  scien- 
tific or  benevolent  society  shall  be  used  for  the  payment  of  the  salary  of 
any  officer  of  such  society. 

(3)  The  appropriation  made  to  the  Department  of  Agriculture 
for  the  payment  of  county  agricultural  advisors  shall  be  distributed 
equally  among  the  several  county  agricultural  advisors  of  this  State 
to  apply  upon  the  salaries  of  the  county  agricultural  advisers  upon  the 
following  conditions : 

(a)  Upon  the  same  proof  and  subject  to  like  rules  and  regulations 
as  are  prescribed  by  the  United  States  government  for  the  disburse- 
ments of  public  funds  for  the  same  purposes; 

(b)  That  the  several  county  agricultural  advisors  preserve  the 
qualifications  required  by  the  United  States  Department  of  Agriculture 
for  similar  work. 

§  29.  The  salary  and  wages  of  all  regular  employees  of  the  State, 
receiving  an  annual  compensation,  shall  be  due  and  payable  from  the 
State  in  equal  monthly  installments  on  the  last  day  of  each  calendar 
month.  In  making  payments  for  a  fractional  part  of  a  month,  that  part 
of  the  monthly  rate  shall  be  paid  represented  by  a  fraction,  the  numer- 
ator of  which  is  the  number  of  days  employed  and  the  denominator  the 
full  number  of  days  in  the  month.     In  employments  in  connection  with 


STATE    LANDS.  953 


the  educational,  charitable,  penal  or  reformatory  institutions  of  a  teach- 
ing or  professorial  nature,  a  teaching  or  professional  year  may  be  sub- 
stituted for  a  calendar  year. 

§  30.  No  officer,  institution,  department,  board  or  commission 
shall  contract  any  indebtedness  on  behalf  of  the  State,  nor  assume  to 
bind  the  State  in  an  amount  in  excess  of  the  money  appropriated,  unless 
expressly  authorized  by  law. 

§  31.  Whenever  a  contract  liability,  except  for  personal  services, 
equaling  or  exceeding  one  thousand  dollars  in  amount,  shall  be  incurred 
by  any  officer,  department,  institution,  board  or  commission  provided 
for  by  "The  Civil  Administrative  Code,"  a  copy  of  such  contract,  -with 
all  the  plans  and  specifications  accompanying  the  same,  shall  within 
five  days  thereafter,  be  filed  in  the  office  of  the  Department  of  Finance. 

§  32.     The  following  Act  is  hereby  repealed: 

"An  Act  to  change  the  fiscal  year  of  the  State  and  designate  the 
time  reports  shall  be  made  to  the  Governor  by  the  Secretary  of  State, 
Auditor  of  Public  Accounts,  State  Treasurer,  Adjutant  General,  State 
Entomologist,  Commissioners  of  the  Penitentiary,  Trustees  of  the  In- 
dustrial University,  Trustees  of  the  Normal  Universities..,  the  State 
Board  of  Agriculture,  the  Trustees  of  the  Eeform  School,  the  Board  of 
Public  Charities  and  the  Trustees  of  the  State  Charitable  Institutions,'' 
approved  March  29,  1875,  in  force  July  1,  1875. 

Approved  June  10,  1919. 


STATE  LANDS. 


CITY   OF   JACKSONVILLE. 


§    1.     State    to    convey   certain    lands    to        §   3.     Emergency, 
the  city   of  Jacksonville. 

§  2.  Land  to  be  used  for  securing 
adequate,  water  supply  —  shall 
furnish  water  to  State  institu- 
tions located  therein  —  amount 
to   be  paid  to   State. 

(House  Bill  No.   114.     Approved  April   4,   1919.) 

An  Act  to  authorize  the  transfer  by  the  State  to  the  city  of  Jackson- 
ville, of  certain  real  estate  situated  in  the  said  city  of  Jacksonville. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  Subject  to  the  conditions  here- 
inafter prescribed,  the  Department  of  Public  Welfare  shall  convey, 
transfer  and  deed  to  the  city  of  Jacksonville,  all  the  right,  title  and 
interest  that  the  State  of  Illinois  has  in  and  to  the  following  described 
parcels  of  real  estate: 

Lots  three  (3),  seven  (7),  eight  (8),  nine  (9),  ten  (10).  eleven 
(11)  and  twelve  (12),  and  that  part  of  Lots  two  (2),  four  (4),  five  (5) 
and  six  (6)  lying  east  of  the  center  of  the  Chicago  &  Alton  Railroad 
Company's  right  of  way,  all  in  Block  eleven  (11),  in  Lurton  &  Kedzie's 
Addition  to  the  city  of  Jacksonville,  Illinois,  except  one  (1)  acre  off 
of  the  north  ends  of  Lots  three  (3)  and  that  part  of  Lot  two  (2)  above 
described. 

§  2.  The  conditions  attending  the  transfer  of  the  several  parcels 
of  real  estate  herein  described  are:     (a)   The  city  of  Jacksonville  shall 


954 


STATE  MONEYS. 


build  a  dam  on  said  real  estate  for  the  purpose  of  impounding  water 
and  shall  otherwise  use  said  real  estate  in  such  manner  as  may  be 
necessary  for  the  purpose  of  securing  an  adequate  water  supply  for 
said  city,  and  shall  make  no  other  use  thereof  whatsoever,  (d)  The 
city  of  Jacksonville  shall  furnish  the  State  institutions  located  in  said 
city,  with  all  necessary  supplies  of  water,  at  a  cost  never  to  exceed  the 
rate  charged  by  said  city  for  water  furnished  to  railroad,  public  service 
and  manufacturing  corporations,  (c)  The  city  of  Jacksonville  shall 
pay  to  the  State  of  Illinois,  the  annual  sum  of  three  hundred  dollars 
($300.00),  payable  in  monthly  installments  of  twenty-five  dollars 
($25.00).  The  installments  so  due  shall  be  paid  by  deducting  the  sum 
of  twenty-five  dollars  ($25.00)  from  each  monthly  statement  rendered 
to  the  Jacksonville  State  Hospital  by  the  city  of  Jacksonville  for  water 
furnished  to  that  institution  by  said  city. 

§  3.  Because  of  an  emergency,  this  Act  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval. 

Approved  April  4,  1919. 


STATE  MONEYS. 


STATE  MONEYS. 


§  1.  State  Treasurer  to  deposit  with- 
in   five    days. 

§      2.     How  interest  shall  be  credited. 

§  3.  Sealed  proposals  for  deposit  of 
public  money  —  publication  of 
notice — definition  of  "regularly 
established"    bank. 

§  4.  Two  classes  of  depositaries  — 
separate   proposals. 

§  5.  What  proposals  shall  state  — 
sealed    and    labeled. 

§  6.  Proposals  to  be  publicly  opened 
within  ten  days. 

§  7.  Proposals  may  be  approved  or 
rejected  by  State  Treasurer — 
endorsements. 

§  8.  State  Treasurer  to  issue  list  of 
banks  approved  as  State  de- 
positaries. 

§  9.  Approval  shall  not  confer  right 
upon  bank  to  receive  deposits 
of    public   money. 

§10.  Bank  to  deposit  securities  with 
State   Treasurer. 

§  11.  What  State  Treasurer  may  ac- 
cept as  security — may  be  in- 
creased  or  reduced. 

§  12.  Upon  failure  to  pay  over  money, 
State  Treasurer  may  sell  se- 
curities— notice  —  actions  may 
be    brought    to    enforce    claims. 


§  13.  When  money  deposited  with  in- 
active depositaries  may  be 
used. 

§  14.  How  interest  computed — -when 
remitted   to   State   treasury. 

§  15.  When  approved  bank  shall  be 
disqualified. 

§  16.  Depositarv  to  make  statement 
in   duplicate. 

§  17.  State  Treasurer  to  keep  record 
showing  account  with  each  de- 
positary. 

§  18.  State  Treasurer  to  make  monthly 
report  to   Governor. 

§  19.  This  Act  not  to  prevent  State 
Treasurer  from  paying  obli- 
gations,   etc. 

§  20.  Only  to  pay  such  interest  as 
shall  be  paid  for  the  benefit 
of   the    State. 

§  21.  The  making  of  a  personal  profit 
deemed  a  felony — penalty. 

§  22.  Removal  of  securities — misappro- 
priation. 

§   23.     Penalty   for   violation   of  Act. 

§   2  4.     Repeal. 


rep 


(House  Bill  No.   196.     Approved  June  28,   1919.) 

An  Act  in  relation  to  State  moneys. 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
•esented  in  the  General  Assembly:     That  the  State  Treasurer  shall 


STATE   MONEYS.  955 


deposit  all  moneys  received  by  him  on  account  of  the  State  within  five 
days  after  receiving  the  same  in  such  banks  of  the  State  as  may  be 
authorized  to  receive  such  deposits  under  the  terms  of  this  Act.  The 
money  so  deposited  shall  be  placed  to  the  account  of  the  State  Treasurer. 

§  2.  All  interest  received  or  paid  on  account  of  money  in  the 
State  treasury  belonging  to  or  for  the  use  of  the  State  so  deposited  in 
banks,  shall  be  the  property  of  the  State  of  Illinois.  If  any  moneys 
held  in  special  funds  in  the  State  treasury,  not  belonging  to  the  State, 
shall  be  deposited  in  banks  pursuant  to  the  provisions  of  this  Act,  the 
interest  received  thereon  shall  be  credited  to  the  special  fund  so  de- 
posited. 

§  3.  The  State  Treasurer  shall,  on  the  first  Monday  of  February 
of  the  year  A.  D.  1921,  and  on  the  first  Monday  of  August  of  each 
year  thereafter,  cause  a  notice  to  be  sent  to  each  regularly  established 
National  and  State  bank  doing  business  in  this  State,  indicating  that 
on  a  date  named  therein  not  less  than  one  month  after  the  date  of  such 
notice,  he  will  receive  sealed  proposals  for  the  deposit  of  the  public 
moneys  in  his  custody  or  control.  Such  notice  shall  also  be  published 
at  least  once  in  one  newspaper  of  general  circulation,  printed  and  pub- 
lished at  the  county  seat  of  each  county  in  the  State,  such  "publication 
to  be  made  at  least  15  days  before  the  date  named  as  the  last  date  upon 
which  proposals  are  to-  be  received. 

A  "regularly  established"  National  or  State  bank  is  hereby  defined 
to  mean  a  bank  which  has  been  doing  business  in  the  State  and  has 
furnished  at  least  two  sworn  statements  of  resources  and  liabilities  to 
the  Comptroller  of  the  Currency,  or  to  the  Auditor  of  Public  Accounts 
prior  to  the  date  upon  which  the  proposals  provided  for  herein  are  to 
be  received. 

§  4.  There  shall  be  two  classes  of  depositaries,  active  and  inac- 
tive, and  separate  proposals  shall  be  obtained  for  each  class.  In  calling 
for  proposals  the  State  Treasurer  shall  indicate  that  separate  quotations 
of  rates  of  interest  may  be  made  upon  such  State  moneys  as  shall  be 
deposited  in  such  bank  and  permitted  to  remain  without  diminution 
for  thirty,  sixty  or  ninety  days,  or  for  longer  periods. 

§  5.  Each  proposal  shall  state  whether  for  active  or  inactive 
deposits,  the  amount  of  deposits  sought  by  such  proposals,  and  the  rate 
of  interest  such  bank  will  pay  on  daily  balances.  Each  proposal  shall 
be  enclosed  in  a  sealed  envelope  bearing  the  name  of  the  bank  and 
labelled,  "proposal  for  deposit  of  State  moneys." 

§  6.  Within  ten  days  after  the  last  day  named  for  the  receipt  of 
proposals,  such  proposals  shall  be  publicly  opened  by  the  State  Treasur- 
er in  the  presence  of  the  Auditor  of  Public  Accounts,  and  the  Direc- 
tor of  Finance. 

The  State  Treasurer  may  reject  any  and  all  proposals,  and  may 
ask  for  new  or  additional  proposals. 

§  7.  Proposals  made  may  either  be  approved  or  rejected  by  the 
State  Treasurer.  Before  approving  any  proposal  the  State  Treasurer 
shall  obtain  the  last  official  statement  of  resources  and  liabilities  of 
each  bank  submitting  a  proposal,  as  reported  to  the  Comptroller  of 
the  Currency  or  to  the  Auditor  of  Public  Accounts,  as  the  case  may  bo. 


956  STATE   MONEYS. 


If  the  treasurer  shall  approve  a  proposal  he  shall  endorse  thereon  the 
word  "Approved/'  and  if  he  shall  reject  a  proposal  he  shall  endorse 
thereon  the  word  "Rejected,"  followed  in  each  case  by  his  signature 
and  the  date  thereof.  A  bank  whose  proposal  is  approved  shall  be 
eligible  to  become  a  State  depositary  for  the  class  of  funds  covered 
by  its  proposal.  A  bank  whose  proposal  is  rejected  shall  not  be  so 
eligible.  The  State  Treasurer  shall  seek  to  have  at  all  times  not  less 
than  twenty  banks  which  are  approved  as  State  depositaries  for  in- 
active moneys. 

§  8.  All  proposals  shall  be  filed  in  the  office  of  the  State  Treasur- 
er, and  shall  be  open  at  all  reasonable  hours  to  public  inspection.  The 
State  Treasurer  shall  publish  in  pamphlet  form  a  list  of  the  banks  ap- 
proved as  State  depositaries  of  public  moneys,  with  a  statement  of  the 
rate  of  interest  offered  by  each,  and  the  class  of  deposit  for  which  its 
proposal  was  armroved,  which  pamphlet  shall  be  for  general  distribution 
by  the  State  Treasurer. 

§  9.  The  approval  of  any  proposal  shall  confer  no  right  upon  any 
bank  to  receive  deposits  of  public  money. 

§  10.  No  moneys  in  the  State  treasury  shall  be  deposited  in  any 
bank  approved  as  a  depositary  under  the  terms  of  this  Act  until  such 
bank  shall  have  deposited  securities  with  the  State  Treasurer  equal  in 
market  value  to  the  amount  of  moneys  deposited. 

§  11.  As  securit}^  the  State  Treasurer  may,  in  his  discretion,  ac- 
cept bonds  of  the  United  States,  of  this  State  or  of  any  county,  city 
or  town  of  this  State,  school  bonds  and  bonds  of  boards  of  education 
or  State  and  municipal  bonds  of  other  states,  or  bonds  or  notes  secured 
by  mortgages  or  trust  deeds  on  unencumbered  real  estate  located  in  this 
State,  such  real  estate  worth  at  least  double  the  sum  invested  or  loaned. 
Securities  other  than  bonds  of  the  United  States,  or  of  this  State,  or 
of  counties,  cities  and  towns  of  this  State,  shall  be  accepted  at  not  ex- 
ceeding ninety  per  cent  of  their  market  value.  All  securities  shall  be 
subject  to  acceptance  only  upon  approval  of  the  State  Treasurer..  With 
the  increase  or  reduction  of  the  amount  of  State  money  on  deposit,  there 
may  be  an  increase  or  reduction  in  the  amount  of  securities  so  de- 
posited and  the  State  Treasurer  may  require  additional  securities  in 
case  of  the  depreciation  of  securities  so  deposited  with  him.  A  bank 
shall  have  a  right  to  demand  and  receive  securities  on  deposit  by  it  in 
excess  of  those  required  to  protect  deposits  of  State  moneys  under  the 
terms  of  this  Act. 

§  12.  All  securities  deposited  by  approved  banks  under  the  nro- 
visions  of  this  Act  shall  remain  the  property  of  the  banks  denositing 
such  securities,  and  may  be  stamped  by  the  bank  so  as  to  indicate  that 
such  securities  are  deposited  as  collateral.  Should  the  depositary  fail 
or  refuse  to  pay  over  the  moneys,  or  any  part  thereof,  deposited  with 
it,  the  State  Treasurer  may  sell  such  securities  upon  giving  30  days 
notice  to  the  depositary  bank  of  his  intention  so  to  sell  such  securities. 
Such  sale  shall  transfer  absolute  ownership  of  the  securities  so  sold  to 
the  vendee  thereof.  The  surplus,  if  any,  over  the  amount  due  to  the 
State  and  the  expenses  of  the  sale  shall  be  paid  to  the  depositary.  Ac- 
tions may  he  brought  in  the  name  of  the  People  of  the  State  of  Illinois 


STATE  MONEYS.  957 


to  enforce  the  claims  of  the  State  with  respect  to  any  securities  de- 
posited by  an  approved  bank. 

§  13.  The  State  Treasurer  shall  designate  one  or  more  active  de- 
positaries. •  The  money  deposited  with  inactive  depositaries  shall  he 
used  only  when  that  deposited  in  active  depositaries  is  insufficient. 

§  14.  The  interest  on  deposits  of  moneys  made  under  the  pro- 
visions of  this  Act  shall  be  computed  upon  the  average  daily  balance 
of  all  classes  of  funds  on  deposit,  and  shall  be  remitted  to  the  State 
treasury  on  or  before  the  first  Monday  of  each  calendar  month. 

§  15.  A  bank  approved  as  a  depositary  shall  cease  to  be  an  ap- 
proved bank,  and  shall  be  disqualified  by  the  State  Treasurer : 

(1)  Upon  its  failure  to  deposit  securities  with  the  State  Treasur- 
er; 

(2)  Upon  its  failure  or  refusal  to  pay  over  public  moneys  or 
any  part  thereof; 

(3)  Upon  its  becoming  insolvent  or  bankrupt,  or  being  placed 
in  the  hands  of  a  receiver; 

(4)  Upon  a  showing  of  unsatisfactory  financial  condition  through 
a  report  made  to,  or  an  examination  made  by,  the  Comptroller  of  the 
Currency  or  the  Auditor  of  Public  Accounts. 

§  16.  Each  depositary  shall  on  or  before  the  first  Monday  of 
each  month  render  to  the  State  Treasurer  a  statement  in  duplicate 
showing  separately  the  daily  balances  or  amounts  of  moneys  held  by 
it  under  the  provisions  of  this  Act  during  the  calendar  month  then 
next  preceding;  and  the  amounts  of  accrued  interest  thereon,  one  copy 
of  which  statement  shall  be  filed  in  the  office  of  the  State  Treasurer, 
and  the  other  in  the  office  of  the  Auditor  of  Public  Accounts.  Such 
statement  shall  contain  a  certificate  that  no  other  fees,  perquisities  or 
emoluments  have  been  paid  to  or  held  for  the  benefit  of  any  public 
officer  or  any  other  person,  or  on  account  of  the  deposit  of  such  moneys, 
and  that  no  contract  or  agreement  of  any  kind  whatsoever  has  been 
entered  into  for  the  payment  to  any  public  officer,  or  any  other  person, 
of  any  fee,  perquisite  or  emolument  on  account  of  the  deposit  of  such 
moneys.  Such  statement  shall  be  verified  by  the  oath  of  the  cashier 
or  of  an  assistant  cashier  of  the  bank. 

§  17.  The  State  Treasurer  shall  keep  in  his  office  a  record  show- 
ing his  account  with  each  depositary,  active  or  inactive,  with  entries 
therein  showing  the  dates  and  amounts  of  each  deposit,  rate  of  interest, 
withdrawals  and  date  of  each,  and  balance  on  deposit.  Each  account 
shall  show  the  date  and  amount  of  interest  received  during  each  interest 
paying  period.  Such  record  shall  at  all  times  be  open  to  public  in- 
spection. 

§  18.  The  State  Treasurer  shall  make  a  monthly  report  to  the 
Governor  giving  a  detailed  statement  of  the  balances  on  deposit  i^  the 
several  banks,  and  the  amount  paid  by  each  such  bank  as  interest  on 
moneys  so  deposited.  Such  statement  shall  contain  the  name  of  each 
bank,  and  the  amount  in  such  bank  subject  to  draft  at.  the  close  of 
business  on  the  last  day  of  the  month  for  which  the  report  is  made, 
and  on  the  last  day  of  the  month  next  preceding. 


958  STATE   MONEYS. 


§  19.  Nothing  in  this  Act  contained  shall  be  held  to  prevent  the 
State  Treasurer  from  withdrawing  any,  or  all,  of  the  moneys  so  de- 
posited, for  the  purpose  of  paying  the  appropriations  and  obligations 
of  the  State,  nor  to  prevent  his  transferring  moneys  from  one  deposi- 
tary to  another,,  and  nothing  herein  contained  shall  in  any  way  affect 
the  duty  of  the  State  Treasurer  to  keep  a  correct  and  accurate  account 
of  all  moneys  received  and  to  pay  out  same  only  on  authority  of  law; 
but  the  State  Treasurer  shall,  as  heretofore,  be  personally  responsible 
for  the  faithful  accounting  of  all  moneys  paid  to  him  as  State  Treasurer. 

§  20.  No  bank,  or  other  depositary,  holding  moneys  deposited 
therewith  by  the  State  Treasurer,  in  accordance  with  the  provisions  of 
this  Act,  or  otherwise,  and  no  officer  of  any  such  bank,  or  other  person, 
shall  pay  to,  withhold  for  the  benefit  of,  or  contract  in  any  manner  for 
the  payment  to  such  State  Treasurer,  or  to  any  other  person  for  him, 
of  any  interest,  or  other  fee,  perquisite,  or  emolument,  on  account  of 
the  deposit  of  such  moneys,  except  such  interest  as  shall  be  paid  to 
such  State  Treasurer  for  the  benefit  of  the  State. 

§  21.  The  making  of  a  personal  profit  or  emolument  by  the 
State  Treasurer  out  of  any  public  moneys  by  loaning,  depositing,  or 
otherwise  using  or  disposing  of  the  same  in  any  manner  whatsoever, 
shall  be  deemed  a  felony  and  shall  be  punished  by  imprisonment  in 
the  penitentiary  for  a  term  of  not  less  than  one  year,  nor  more  than 
ten  years. 

§  22.  No  securities,  deposited  with  the  State  Treasurer,  shall  be 
removed  from  the  State  treasury  except  under  the  terms  of  this  Act. 
The  misappropriation  or  use  of  such  securities,  otherwise  than  as  pre- 
scribed in  this  Act,  shall  be  deemed  a  felony  and  shall  be  punished 
by  imprisonment  in  the  penitentiary  for  a  term  of  not  less  than  one, 
nor  more  than  ten  years.  The  State  Treasurer  shall  be  liable  upon  his 
official  bond  for  any  loss  or  misappropriation  of  securities  so  deposited. 

§  23.  Any  State  official  or  other  person  who  wilfully  violates  any 
provision  of  this  Act,  for  which  a  penalty  is  not  otherwise  prescribed, 
or  who  wilfully  neglects  or  refuses  to  perform  any  duty  imposed  upon 
such  person  by  the  terms  of  this  Act,  shall  be  fined  not  more  than  ten 
thousand  dollars,  for  the  benefit  of  the  State,  or  be  imprisoned  in  the 
penitentiary  for  not  more  than  two  years,  or  shall  be  punished  by  both 
such  fine  and  imprisonment. 

§  24.  The  following  Act  is  hereby  repealed,  such  appeal  to  take 
effect  February  1st,  1921 :  "An  Act  to  provide  for  the  deposit  of  State 
moneys  by  the  State  Treasurer  and  for  the  payment  of  interest  on 
same,  and  to  make  an  appropriation  for  the  cost  of  the  State  Treasur- 
er's official  bond  or  bonds  of  the  emplovees  of  his  office,  approved 
March  7th,  1908,  in  force  July  1,  1908." 

Approved  June  28,  1919. 


STATUTES.  959 


STATUTES. 


ACT    IN    RELATION    TO    CONSTRUCTION    OF    STATUTES. 

§    1.     Amends   section   1,  Act  of   1874.  §   1.     Definition    of    terms    used. 

(House   Bill   No.    96.     Approved  Mat   21,    1919.) 

An  Act  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  revise  the  lavj 
in  relation  to  the  construction  of  the  statutes/'  approved  March  o, 
1871^,  in  force  July  1,  187  k- 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled, 
"An  Act  to  revise  the  law  in  relation  to  the  construction  of  the  statutes/' 
approved  March  5,  1874,  in  force  July  1,  1874,  be  amended  to  read  as 
follows : 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  the  construction  of  all  statutes 
now  in  force,  or  which  may  hereafter  be  enacted,  the  following  rules 
shall  be  observed,  unless  such  construction  would  be  inconsistent  with 
the  manifest  intent  of  the  Legislature  oi  repugnant  to  the  context  of 
the  same  -statute,  that  is  to  say : 

First — -All  general  provisions,  terms,  phrases  and  expressions  shall 
be  liberally  construed  in  order  that  the  true  intent  and  meaning  of  the 
Legislature  may  be  fully  carried  out. 

Second — Words  in  the  present  tense  include  the  future. 

Third — Words  importing  the  singular  number  may  extend  and  be 
applied  to  several  persons  or  things,  and  words  importing  the  plural 
number  may  include  the  singular. 

Fourth — Words  importing  the  masculine  gender  may  be  applied  to 
females. 

Fifth — The  word  "person"  or  "persons"  as  well  as  all  words  referr- 
ing to  or  importing  persons,  may  extend  and  be  applied  to  bodies  politic 
and  corporate  as  well  as  individuals. 

Sixth — The  words  "insane  person"  and  "lunatic"  shall  include 
every  idiot,  non  compos,  lunatic,  insane  or  distracted  person;  and  the 
word  "spendthrift"  shall  include  every  person  who  is  liable  to  be  put 
under  guardianship  on  account  of  excessive  drinking,  gaming,  idleness 
or  debauchery. 

Seventh — The  words  "county  board"  shall  apply  to  the  board  of 
county  commissioners  in  counties  not  under  township  organization,  and 
the  board  of  supervisors  in  counties  under  township  organization,  and 
to  the  board  of  commissioners  of  Cook  County. 

Eighth— The  terms  "sheriff",  "coroner,"  "constable,"  "clerk,"  or 
other  words  used  for  an  executive  or  ministerial  officer,  may  include  any 
deputy  or  other  person  performing  the  duties  of  such  officer,  either 
generally  or  in  special  cases  and  the  words  "county  clerk"  shall  be  held 
to  include  clerk  of  the  County  Court,  and  the  words  "clerk  of  the 
County  Court"  to  include  "county  clerk." 


960  STATUTES. 


Ninth — Words  purporting  to  give  a  joint  authority  to  three  or  more 
public  officers  or  other  persons  shall  be  construed  as  giving  such  authority 
to  a  majority  of  such  officers  or  persons. 

Tenth — The  word  "month"  shall  mean  a  calendar  month,  and  the 
word  "year,"  a  calendar  year  unless  otherwise  expressed;  and  the  word 
"year"  alone,  shall  be  equivalent  to  the  expression  "year  of  our  Lord." 

Eleventh — The  time  within  which  any  Act  provided  by  law  is  to  be 
done  shall  be  computed  by  excluding  the  first  day  and  including  the  last, 
unless  the  last  day  is  Sunday,  and  then  it  shall  also  be  excluded. 

Twelfth — The  word  "oath"  shall  be  deemed  to  include  an  affirma- 
tion, and  the  word  "sworn"  shall  be  construed  to  include  the  word 
"affirmed." 

Thirteenth — The  word  "wills"  includes  codicils. 

Fourteenth — The  word  "State,"  when  applied  to  different  parts  of 
the  United  States,  may  be  construed  to  include  the  District  of  Columbia 
and  the  several  territories,  and  the  words  "United  States"  may  be  con- 
strued to  include  the  said  district  and  territories. 

Fifteenth — The  words  "written"  and  "in  writing"  may  include 
printing  and  any  other  mode  of  representing  words  and  letters ;  but  when 
the  written  signature  of  any  person  is  required  by  law  to  any  official  or 
public  writing  or  bond,  required  by  law,  it  shall  be  in  the  proper  hand- 
writing of  such  person,  or  in  case  he  is  unable  to  write,  his  proper  mark. 

Sixteenth — The  word  "highway,"  "road"  or  "street"  may  include 
any  road  laid  out  by  the  authority  of  the  United  States,  or  of  this  State, 
or  of  any  town  or  county  of  this  State,  and  all  bridges  upon  the  same. 

Seventeenth — The  word  "heretofore"  shall  mean  any  time  previous 
to  the  day  on  which  the  statute  takes  effect;  and  the  word  "hereafter," 
at  any  time  after  such  day. 

Eighteenth — The  term  "laws  now  in  force,"  and  words  of  similar 
import,  shall  mean  the  laws  in  force  at  the  time  the  Act  containing  the 
words  shall  take  effect. 

Nineteenth — The  term  "court"  includes  justices  of  the  peace  as  well 
as  all  courts  of  record. 

Twentieth — The  words,  "general  superintendent  of  police,"  "secre- 
tary of  the  general  superintendent  of  police,"  "assistant  general  superin- 
tendent of  police,"  "first  deputy  superintendent  of  police,"  "chief  of 
police,"  "assistant  chief  of  police,"  "city  marshal,"  "assistant  city  mar- 
shal," "deputy  city  marshal,"  "chief  of  detectives,"  "assistant  chief  of 
detectives,"  and  all  "captains,"  "lieutenants,"  "detective  sergeants," 
"second-class  sergeants,"  "sergeants,"  "inspector  of  police,"  "detectives," 
"patrolmen,"  "operators"  and  "civilian"  or  ""plain  clothes  policemen" 
and  "assistant  identification  inspector,"  sball  mean  "policemen  employed 
and  in  the  service  of  a  municipality,"  and  the  term  "police  force"  shall 
be  construed  to  include  such  persons  in  the  employ  of  a  municipality  as 
members  of  the  department  of  police,  who  are  or  shall  hereafter  be 
appointed  and  sworn  as  policemen. 

Twenty-first — The  terms  "bonds  or  public  stocks  issued  or  created 
by  the  United  States,"  "bonds  of  the  United  States,"  "stocks  or  bonds 
of  the  United  States,"  "stocks  of  the  United  States,"  or  words  of  similar 


STRUCTURAL  ENGINEERS. 


901 


import,  shall  include  bonds  issued  under  the  provisions  of  the  Act  cf 
Congress,  approved  July  17,  1918,  entitled  "An  Act  to  provide  capital 
for  agricultural  development,  to  create  standard  forms  of  investment 
based  upon  farm  mortgages,  to  equalize  rates  of  interest  upon  farm 
loans,  to  furnish  a  market  for  United  States  bonds,  to  create  investment 
depositories  and  financial  agents  for  the  United  States  and  for  other 
purposes." 

Approved  May  21,  1919. 


STRUCTURAL  ENGINEERS. 


REGULATION    AND    LICENSING    OP. 

§      1      Unlawful      to      practice      without   .    §    10.     When  certificate  may  be  refused, 
license — partnership.  etc. — notice — public    hearing. 

§      2.     When  regarded  as   practicing.  §11.     When    certificate    issued    to    non- 

resident. 
§      3.     Who    exempt. 

„  §   12.     Fees. 

§     4.     Qualifications   necessary. 

„      _       .      ,.--...  ,              ,  t^  §    13.      Department    of   Registration    and 

§      5.     Application    to  be    made    to  De-  Education  may  adopt  rules  and 

partment    of  Registration  and  regulations 

Education. 

§      6.     Examinations.  §   14.     What   constitutes   misdemeanor- 

penalty. 

§     7.     When    Department    of    Registra-  .  . 

tion  and  Education  shall  issue        §    15.     Department   of   Registration    and 
certificate.  Education   to   keep   record. 

§      8.     Certificate     to     be     displayed     in        §  16.     Repeal, 
conspicuous   place— seal. 

§  17.     Act  to  be  known  as  "The  Illinois 
§      0.     Renewal.  Structural   Engineering  Act." 

(House  Bill  No.  248.     Approved  June  24,  1919.) 

An  Act  to  revise  the  law  in  relation  to  the  regulation  of  the  practice  of 
structural  engineering. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  it  is  unlawful  for  any  person 
to  practice,  or  to  attempt  to  practice,  structural  engineering,  without  a 
certificate  of  registration  as  a  registered  structural  engineer,  issued  by 
the  Department  of  Registration  and  Education,  pursuant  to  the  pro- 
vision of  "An  Act  in  relation  to  the  civil  administration  of  the  State 
government,  and  to  repeal  certain  Acts  therein  named",  approved 
March  7,  1917,  in  force  July  1,  1917. 

It  shall  be  lawful,  however,  for  a  corporation  to  prepare  drawings, 
plans  and  specifications  for  buildings  and  structures,  as  denned  in 
section  2  of  this  Act,  which  are  constructed,  erected,  built  or  their  con- 
struction supervised  by  the  corporation,  if  the  chief  executive  officer  or 
managing  agent  of  the  corporation  in  this  State  is  a  registered  structural 
engineer. 

One  or  more  registered  structural  engineers  may  lawfully  enter 
into  partnership  with  one  or  more  registered  architects. 

—61  L 


962  STEUCTURAL   ENGINEERS. 


§  2.  A  person  shall  be  regarded  as  practicing  structural  engineer- 
ing within  the  meaning  of  this  Act  who  is  engaged  in  the  designing  or 
supervising  of  the  construction,  enlargement  or  alteration  of  structures, 
or  any  part  thereof,  for  others,  to  be  constructed  by  persons  other  than 
himself.  Structures  within  the  meaning  of  this  Act  are  all  structures, 
having  as  essential  features,  foundations,  columns,  girders,  trusses,  arches 
and  beams,  with  or  without  other  parts,  and  in  which  safe  design  and 
construction  require  that  loads  and  stresses  must  be  computed  and  the 
size  and  strength  of  parts  determined  by  mathematical  calculations 
based  upon  scientific  principles  and  engineering  data.  A  person  shall 
also  be  regarded  as  practicing  structural  engineering  within  the  mean- 
ing of  this  Act  who  is  engaged  as  a  principal  in  the  designing  and 
supervision  of  the  construction  of  structures  or  of  the  structural  part 
of  edifices  designed  solely  for  the  generation  of  electricity;  or  for  the 
hoisting,  cleaning,  sizing  or  storing  of  coal,  cement,  sand,  grain,  gravel 
or  similar  materials;  elevators;  manufacturing  plants;  docks;  bridges; 
blast*  furnaces;  rolling  mills;  gas  producers  and  reservoirs;  smelters; 
dams;  reservoirs;  waterworks;  sanitary  works  as  applied  to  the  purifi- 
cation of  water;  plants  for  waste  and  sewage  disposal;  round  houses 
for  locomotives;  railroad  shops;  pumping  or  power  stations  for  drainage 
districts;  or  power  houses,  even  though  such  structures  may  come  within 
the  definition  of  "buildings"  as  defined  in  any  Act  in  force  in  this  State 
relating  to  the  regulation  of  the  practice  of  architecture. 

§  3.  The  following  persons  are  exempt  from  the  operation  of  this 
Act: 

(a)  Draftsmen,  students,  clerks  of  work,  superintendents  and 
other  employees  of  registered  structural  engineers  when  acting  under 
the  immediate  personal  supervision  of  their  employers; 

(b)  Superintendents  of  construction  in  the  pay  of  the  owner  when 
acting  under  the  immediate  personal  supervision  of  the  registered 
structural  engineer  who  has  prepared  the  drawings  and  specifications ; 

(c)  Any  person,  mechanic  or  builder,  when  making  plans  or  speci- 
fications for,  or  supervising  the  construction,  enlargement  or  alteration 
of  any  structure  or  building  which  is  to  be  constructed  by  himself,  or 
his  employees,  and  for  his  own  use. 

Persons  registered  to  practice  structural  engineering  in  this  State 
are  exempt  from  the  operation  of  any  Act  in  force  in  this  State  relating 
to  the  regulation  of  the  practice  of  architecture. 

§  4.  A  person  is  qualified  to  receive  a  certificate  of  registration 
as  a  registered  structural  engineer: 

(a)  Who  is  at  least  twenty-one  years  of  age; 

(b)  Who  is  of  good  moral  character  and  temperate  habits; 

(c)  Who  proves  either: 

(1)  That  on  July  5,  1915,  he  was  actually  engaged  in  the  practice 
of  structural  engineering  in  this  State  and  did  not  apply  by  January  5, 
1916,  for  a  license  without  examination  as  was  then  provided  for  by 
law.  In  this  case,  such  an  applicant  shall  be  entitled  to  an  examination 
to  determine  his  fitness  to  receive  a  certificate  of  registration  as  a  regis- 


STRUCTURAL  ENGINEERS.  963 


tered  structural  engineer  without  regard  to  the  number  of  years  he  has 
practiced  structural  engineering;  or 

(2)  That  within  ten  years  immediately  preceding  his  application 
for  a  certificate  of  registration  under  this  Act,  he  has  practiced  structural 
engineering  in  another  state  or  territory  of  the  United  States,  or  in  a 
foreign  country  or  province,  for  not  less  than  six  years,  during  at  least 
two  -of  which  years  he  has  been  in  responsible  charge  of  structural 
engineering  work  as  a  principal  or  an  assistant;  or 

(3)  That  within  ten  years  immediately  preceding  his  application 
for  a  certificate  of  registration  under  this  Act  he  has  pursued  a  course 
of  study  and  training  in  the  theory  and  practice  of  structural  engineer- 
ing covering  at  least  the  subjects  normally  taught  in  schools  of  structural 
engineering  approved  by  the  Department  of  Eegistration  and  Education, 
for  a  period  of  not  less  than  six  years,  in  the  employ  of  or  under  the 
immediate  personal  supervision  of  one  or  more  practicing  structural 
engineers;  during  at  least  two  of  which  years,  he  has  been  in  charge  of 
work  in  designing  or  construction  in  the  employ  of,  or  under  the  im- 
mediate personal  supervision  of  a  practicing  structural  engineer.  Every 
applicant  who  shall  have  graduated  from  a  school  of  structural  engineer- 
ing approved  by  the  Department  of  Eegistration  and  Education,  re- 
quiring a  course  of  study  of  not  less  than  four  school  years  of  at  least 
thirty  weeks  in  each  year,  shall  be  credited  with  two  years  upon  the 
required  six  year  period.  The  Department  of  Eegistration  and  Educa- 
tion may,  in  its  discretion,  adopt  regulations  providing  for  credit  of  not 
to  exceed  two  years  upon  the  required  six  year  period  for  an  applicant 
who  has  pursued  a  course  of  instruction  in  a  school  of  structural 
engineering  approved  by  the  Department  of  Eegistration  and  Educa- 
tion, but  who  has  not  graduated;  and 

-  (d)  Who  has  passed  an  examination  conducted  by  the  Department 
of  Eegistration  and  Education  to  determine  his  fitness  to  receive  a 
certificate  of  registration  as  a  registered  structural  engineer. 

§  5.  Every  person  who  desires  to  obtain  a  certificate  of  registra- 
tion shall  apply  therefor  to  the  Department  of  Eegistration  and  Educa- 
tion, in  writing,  upon  blanks  prepared  and  furnished  by  the  Department 
of  Eegistration  and  Education.  Each  application  shall  contain  proof  of 
the  particular  qualifications  required  of  the  applicant,  shall  be  verified 
by  the  applicant  under  oath,  and  shall  be  accompanied  by  the  required 
fee. 

§  6.  The  Department  of  Eegistration  and  Education  shall  hold 
examinations  of  applicants  for  certificates  of  registration  as  registered 
structural  engineers  at  such  times  and  places  as  it  may  determine. 

The  examination  of  applicants  for  certificates  of  registration  as 
registered  structural  engineers  may  consist  of  written  and  oral  tests  and 
shall  embrace  the  subjects  normally  taught  in  schools  of  structural 
engineering  approved  by  the  Department  of  Eegistration  and  Education. 

§  7.  Whenever  the  provisions  of  this  Act  have  been  complied  with 
the  Department  of  Eegistration  and  Education  shall  issue  a  certificate 
of  registration  as  a  registered  structural  engineer. 


964  STRUCTURAL   ENGINEERS. 


Any  license  or  certificate  of  registration  heretofore  issued  under  the 
laws  of  this  State  authorizing  its  holder  to  practice  structural  engineer- 
ing shall,  during  the  unexpired  period  for  which  it  was  issued,  serve 
the  same  purpose  as  a  certificate  of  registration  provided  for  by  this  Act. 

§  8.  Every  holder  of  a  certificate  of  registration  shall  display  it  in 
a  conspicuous  place  in  his  principal  office,  place  of  business  or  employ- 
ment. 

Every  registered  structural  engineer  shall  have  a  seal,  the  impres- 
sion of  which  shall  contain  the  name  of  the  structural  engineer,  his 
place  of  business,  and  the  words  "Registered  Structural  Engineer", 
"State  of  Illinois".  A  seal  obtained  prior  to  July  1,  1919,  however,  may 
bear  the  words  "Licensed  Structural  Engineer",  "State  of  Illinois".  He 
shall  stamp  with  this  seal  all  plans,  drawings,  and  sp^ifications  prepared 
by  him  or  under  his  supervision. 

§  9.  Every  registered  structural  engineer  who  continues  in  active 
practice  shall,  annually,  on  or  before  the  first  day  of  July,  renew  his 
certificate  of  registration  and  pay  the  required  annual  renewal  fee. 
Every  certificate  of  registration  which  has  not  been  renewed  during 
the  month  of  July  in  any  year  shall  expire  on  the  first  day  of  August  in 
that  year.  A  registered  structural  engineer  whose  certificate  of  registra- 
tion has  expired  may  restore  his  certificate  only  upon  payment  of  the 
required  restoration  fee. 

Any  registered  structural  engineer  who  retires  from  the  practice 
of  structural  engineering  for  not  more  than  five  years  may  renew  his 
certificate  of  registration  upon  payment  of  all  lapsed  renewal  fees. 

§  10.  The  Department  of  Registration  and  Education  may  either 
refuse  to  issue,  or  may  refuse  to  renew,  or  may  suspend,  or  may  revoke, 
any  certificate  of  registration  for  any  one,  or  any  combination,  of  the 
following  causes : 

(a)  The  obtaining  of,  or  an  attempt  to  obtain,  a  certificate  of 
registration,  or  the  renewal  thereof,  or  practice  in  the  profession,  or. 
money,  or  any  other  thing  of  value,  by  fraudulent  misrepresentation, 
or  the  perpetration  of  fraud  in  the  practice  of  structural  engineering; 

(b)  Gross  incompetency; 

(c)  Recklessness  in  the  construction  or  supervision  of  the  con- 
struction of  buildings  or  structures; 

(d)  The  affixing  of  a  registered  structural  engineer's  seal  to  any 
plans,  specifications  or  drawings  which  have  not  been  prepared  by  or 
under  the  immediate  personal  supervision  of  that  registered  structural 
engineer. 

The  Department  of  Registration  and  Education  may  neither  refuse 
to  issue,  refuse  to  renew,  nor  suspend,  nor  revoke  any  certificate  of 
registration,  however,  for  any  of  these  causes,  unless  the  person  accused 
has  been  given  at  least  twenty  days'  notice,  in  writing,  of  the  charge 
against  him,  and  a  public  hearing  by  the  Department  of  Registration 
and  Education. 

Upon  the  hearing  of  any  such  proceedings,  the  Director  of  Regis- 
tration and  Education,  the  Assistant  Director  of  Registration  and  Edu- 
cation, or  the   Superintendent  of  Registration,  may  administer  oaths, 


STRUCTURAL    ENGINEERS.  0G< 


and  the  Department  of  Registration  and  Education  may  procure,  by  its 
subpoena,  the  attendance  of  witnesses  and  the  production  of  relevant 
books  and  papers. 

Any  Circuit  Court,  or  any  judge  of  a  Circuit  Court,  either  in  term 
time  or  in  vacation,  upon  the  application,  either  of  the  accused  or  of  the 
Department  of  Registration  and  Education,  may,  by  order  duly  entered, 
require  the  attendance  of  witnesses  and  the  production  of  relevant  books 
and  papers,  before  the  Department  of  Registration  and  Education  in 
any  hearing  relating  to  the  refusal,  suspension  or  revocation  of  certifi- 
cates of  registration.  Upon  neglect  or  refusal  to  obey  the  order  of  the 
court  or  judge,  the  court  or  judge  may  compel,  by  proceedings  for  con- 
tempt of  court,  obedience  of  its  or  his  order. 

§11.  Upon  payment  of  the  required  fee,  an  applicant  who  is  a 
structural  engineer,  registered  or  licensed  under  the  laws  of  another 
state  or  territory  of  the  United  States,  or  of  a  foreign  country  or 
province,  may,  without  examination,  be  granted  a  certificate  of  registra- 
tion as  a  registered  structural  engineer  by  the  Department  of  Registra- 
tion and  Education  in  its  discretion  upon  the  following  conditions : 

(a)  That  the  applicant  is  at  least  twenty-one  years  of  age,  of  good 
moral  character  and  temperate  habits ;  and 

(b)  That  the  requirements  for  the  registration  or  licensing  of 
structural  engineers  in  the  particular  state,  territory,  country  or  province 
were,  at  the  date  of  the  license,  substantially  equal  to  the  requirements 
then  in  force  in  this  State. 

§  12.  The  fee  to  be  paid  by  an  applicant  for  an  examination  to 
determine  his  fitness  to  receive  a  certificate  of  registration  as  a  registered 
structural  engineer  is  ten  dollars  ($10.00). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
as  a  registered  structural  engineer  is  five  dollars  ($5.00). 

The  fee  to  be  paid  by  an  applicant  for  an  examination  to  determine 
his  preliminary  education  is  five  dollars  ($5.00). 

The  fee  to  be  paid  for  the  restoration  of  an  expired  certificate  of 
registration  is  five  dollars  ($5.00). 

The  fee  to  be  paid  upon  renewal  of  a  certificate  of  registration  is 
one  dollar  ($1.00). 

The  fee  to  be  paid  by  an  applicant  for  a  certificate  of  registration 
who  is  a  structural  engineer  registered  or  licensed  under  the  laws  of 
another  state  or  territory  of  the  United  States,  or  a  foreign  country 
or  province,  is  fifteen  dollars  ($15.00). 

§  13.  The  Department  of  Registration  and  Education  may  adopt 
reasonable  rules  and  regulations  relating  to  the  enforcement  of  the  pro- 
visions of  this  Act. 

§  14.  Each  of  tKe  following  acts  constitutes  a  misdemeanor,  pun- 
ishable upon  conviction  by  a  fine  of  not  less  than  $25.00  nor  more  than 
$200.00. 

(a)  The  practice  of  structural  engineering,  or  an  attempt  to 
practice  structural  engineering,  without  a  certificate  of  registration  as 
a  registered  structural  engineer;  each  day  of  practicing  structural  en- 
gineering, or  attempting  to  practice  structural  engineering,  without  a 


966  SURVEYORS. 


certificate  of  registration  as  a  registered  structural  engineer  shall  con- 
stitute a  separate  offense. 

(b)  The  making  of  any  wilfully  false  oath  or  affirmation  whenever 
an  oath  or  affirmation  is  required  by  this  Act;  or 

(c)  The  affixing  of  a  registered  structural  engineer's  seal  to  any 
plans,  specifications  or  drawings  which  have  not  been  prepared  by  him 
or  under  his  immediate  personal  supervision; 

(d)  The  violation  of  the  provisions  of  section  8  of  this  Act. 

All  fines  and  penalties  shall  inure  to  the  Department  of  Registra- 
tion and  Education. 

§  15.  The  Department  of  Eegistration  and  Education  shall  keep 
a  record,  which  shall  be  open  to  public  inspection  at  all  reasonable 
times,  of  its  proceedings  relating  to  the  issuance,  refusal,  renewal,  sus- 
pension and  revocation  of  certificates  of  registration.  This  record  shall 
also  contain  the  name,  number,  place  of  business  and  residence,  and 
the  date  and  number  of  the  certificate  of  registration  of  each  registered 
structural  engineer  in  this  State. 

§  16.  "An  Act  to  provide  for  the  licensing  of  structural  engineers", 
approved  July  5,  1915,  in  force  July  5,  1915,  is  repealed. 

§  17.  This  Act  may  be  known  and  cited  as  "The  Illinois  Structural 
Engineering  Act". 

Approved  June  24,  1919. 


SURVEYORS. 


REGISTRATION  OF  LAND  SURVEYORS. 

§      1.     When   unlawful   to   practice.  §   11.     When  board  may  refuse  to  issue 

license,   etc. — notice. 
§      2.     Who   exempt. 

§   12.     What   constitutes  misdemeanor — 
§      3.     Definition.  penalty. 

§      4.     County    judge    to    appoint    board        §  13.     Board     of     examiners     to     adopt 

of    examiners  — -meeting    of  rules   and  regulations, 
board — officers. 

§  14.     Board     of     examiners     to     keep 

§      5.     Who   may   be   registered   without  record, 
examination — fee. 

§  1*5.     To    pay    expenses    out    of    funds 

§     6.     Qualifications    necessary    for    ex-  collected, 
animation— fee. 

§  16.     Licensed  land  surveyor  may  take 

§     7.     Certificate   to   be   displayed — pen-  evidence  of  witnesses,  etc. 
alty   for   failure  to    do    so. 

§  17.     Plats,  etc.,  to  be  received  in  evi- 

§      8.     Examinations   —   candidate      en-  dence — recorded, 
titled  to  second  examination. 

§  18.     Permits    to    non-resident    survey- 

§      9.     Annual  renewal  of  certificate.  ors. 

§  10.     Seal.  §   19.     RepeaJ. 

(House  Bill  No.   595.     Approved  June  28,   1919.) 

An  Act  in  relation  to  land  surveyors. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  on  and  after  January  1, 

1920,  it  shall  be  unlawful  for  any  person  to  practice  or  to  attempt  to 

practice  land  surveying  in  counties  having  a  population  of  250,000  or 


SURVEYORS.  967 


more,  -without  a  certificate  of  registration  as  a  registered  land  sur- 
veyor issued  by  a  board  of  land  surveyors  in  pursuance  of  the  provisions 
of  this  Act. 

§  2.  The  following  persons  are  exempt  from  the  provisions  of 
this  Act : 

(a)  County  surveyors 

(b)  Employees  of  a  city,  county,  the  State,  or  the  United  States 
in  the  discharge  of  their  official  duties. 

§  3.  The  definition  of  the  words  "land  surveyor"  shall,  for  the 
purposes  of  this  Act,  be  held  to  be  a  person  who  for  a  consideration 
establishes  one  or  more  corners  or  boundaries  of  any  tract  or  lot  of 
land  and  executes  and  issues  plats  thereof  signed  by  himself  as  a  sur- 
veyor. 

§  4.  Within  thirty  days  after  the  taking  effect  of  this  Act,  the 
county  judge  of  every  county  having  a  population  of  250,000  or  more 
shall  appoint  a  board  of  examiners  of  land  surveyors,  to  consist  of 
three  persons,  one  of  whom  shall  be  the  county  recorder  and  two  of 
whom  shall  be  land  surveyors  of  recognized  ability  and  standing.  The 
appointment  of  the  two  land  surveyors  of  this  board  shall  be  for  one 
and  two  years  respectively.  Thereafter  their  appointments  shall  be  for 
two  years.  The  county  recorder  shall  be  the  president  of  the  said 
board.  The  members  of  the  board  shall  meet  within  ten  days  after 
their  appointments  and  organize  by  the  election  of  one  of  the  land 
surveyors  as  secretary  and  treasurer. 

§  5.  Any  person  who  shall  make  application  for  registration  be- 
fore the  first  day  of  January,  1920,  and  shall  prove  to  the  satisfac- 
tion of  the  said  board  that  he  was  established  in  the  surveying  business 
at  the  time  of  the  taking  effect  of  this  Act,  or  has  been  actively  engaged 
in  the  practice  of  land  surveying,  as  a  surveyor,  for  a  period  of  not  less 
than  five  years  shall,  upon  the  payment  of  a  fee  of  $25.00  to  the  said 
board,  be  registered  without  examination  and  shall  receive  in  testimony 
thereof  a  certificate  signed  by  the  president  and  secretary  of  the  board: 
Provided,  that  in  case  of  failure  or  neglect  of  any  such  person  to  regis- 
ter before  the  first  day  of  January,  1920,  as  herein  provided,  such  per- 
son shall  be  deemed  to  have  waived  his  right  of  registration  under  this 
section,  and  in  order  to  be  registered  shall  comply  with  the  requirements 
for  registration  by  examination. 

§  6.  Any  person  not  entitled  to  register  as  aforesaid,  who  shall 
furnish  the  said  board  with  satisfactory  proof  that  he  is  twenty-one 
years  of  age  or  over,  and  of  good  moral  character,  and  that  he  has  had 
at  least  four  years  experience  and  training  as  a  land  surveyor  shall, 
upon  payment  of  a  fee  of  $25.00,  be  examined  as  provided  herein,  and 
if  qualified  shall  be  registered  and  shall  receive  in  testimony  thereof 
a  certificate  of  registration  signed  by  the  president  and  secretary  of  the 
board. 

§  7.  Every  person  to  whom  a  certificate  of  registration  is  granted 
under  the  provisions  of  this  Act,  shall  display  the  same  in  a  conspicuous 
place  in  his  office  or  place  of  business  or  employment.  Any  person 
violating  the  provisions  of  this  section  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  of  $50.00. 


968  SURVEYORS. 


§  8.  The  said  board  shall  hold  examinations  at  such  times  and 
places  as  it  may  determine.  All  examinations  shall  be  in  the  English 
language,  and  shall  be  of  such  a  character  as  to  determine  the  fitness 
of  the  applicant  to  practice  land  surveying.  Each  applicant  shall  be 
examined  as  to  his  knowledge  of  the  statutes  of  the  United  States  and 
of  the  State  of  Illinois  relating  to  surveying,  sub-divisions  of  land,  prac- 
tical surveying,  the  use  and  adjustment  of  surveying  instruments,  and 
of  mathematics  as  applied  to  land  surveying.  Any  candidate  who  shall 
fail  to  pass  a  satisfactory  examination  shall  be  entitled  to  a  second 
examination  without  further  charge,  provided  such  second  examination 
is  taken  in  not  less  than  three  months  nor  more  than  twelve  months 
thereafter. 

§  9.  Every  registered  land  surveyor  who  continues  in  the  active 
practice  of  his  profession  shall,  annually  during  the  month  of  January, 
renew  his  certificate  of  registration  by  the  payment  of  $2.00  to  the  said 
board  of  land  surveyors.  All  certificates  of  registration  which  are  not 
renewed  during  the  month  of  January  of  each  year  shall  become  null 
and  void,  but  may  be  restored  upon  the  payment  of  the  yearly  fee  or 
fees  and  an  additional  sum  of  ten  dollars  ($10.00). 

§  10.  Every  registered  land  surveyor  shall  have  a  seal,  the  im- 
pression of  which  must  contain  the  name  of  the  land  surveyor,  his 
place  of  business,  and  the  words  "Illinois  Registered  Land  Surveyor/' 
with  which  he  shall  stamp  all  documents  issued  by  him  as  a  land  sur- 
veyor. 

§  11.  The  board  may  either  refuse  to  issue,  or  may  refuse  to 
renew,  or  may  suspend,  or  may  revoke,  any  certificate  of  registration 
for  any  one,  or  .any  combination,  of  the  following  causes: 

(a)  The  obtaining  of,  or  an  attempt  to  obtain,  a  certificate  of 
registration,  or  the  renewal  thereof,  or  practice  in  the  profession,  or 
money,  or  any  other  thing  of  value,  bv  fraudulent  representation,  or 
the  perpetration  of  fraud  in  the  practice  of  land  surveying; 

(b)  Gross  incompetency  or  carelessness; 

(c)  The  affixing  of  a  registered  land  surveyor's  seal  to  any  docu- 
ments which  have  not  been  prepared  by  a  registered  land  surveyor. 

The  board  may  neither  refuse  to  issue,  refuse  to  renew,  nor  sus- 
pend, nor  revoke  any  certificate  of  registration,  however,  for  any  of 
these  causes,  unless  the  person  accused  has  been  given  at  least  twenty 
days'  .notice,  in  writing,  of  the  charge  against  him,  and  a  public  hear- 
ing by  the  board  of  examiners  of  land  surveyors. 

§  12.  Each  of  the  following  acts  constitutes  a  misdemeanor,  pun- 
ishable upon  conviction  bv  a  fine  of  not  less  than  $25.00  nor  more 
than  $200.00 

(a)  The  practice  of  land  surveying,  or  an  attempt  to  practice 
land  surveying,  without  a  certificate  of  registration  as  a  registered  land 
surveyor ; 

(b)  The  affixing  of  a  registered  land  surveyor's  seal  to  any  docu- 
ments which  have  not  been  prepared  bv  a  registered  land  surveyor. 

§  13.  The  board  of  examiners  of  land  surveyors  may  adopt  rea- 
sonable rules  and  regulations  relating  to  the  enforcement  of  the  pro- 
vision of  this  Act. 


TOWNSHIP    ORGANIZATION.  9G9 


§  14.  The  board  of  examiners  of  land  surveyors  shall  keep  a 
record,  which  shall  be  open  to  public  inspection  at  all  reasonable  times, 
of  its  proceedings  relating  to  the  issuance,  refusal,  renewal,  suspension 
and  revocation  of  certificates  of  registration.  This  record  shall  also  con- 
tain the  name,  number,  place  of  business  and  residence,  and  the  date  and 
number  of  the  certificate  of  registration  of  each  registered  land  sur- 
veyor in  this  State. 

§  15.  Out  of  the  funds  collected  as  examination  fees  and  other- 
wise, the  board  of  examiners  shall  first  pay  all  the  expenses  of  carry- 
ing out  this  Act,  including  stationery,  postage,  clerk  hire  and  traveling 
expenses  incurred  in  the  discharge  of  their  official  duties,  and  out  of 
any  remaining  funds  a  salary  of  not  more  than  $10  per  day  to  each 
examiner  for  the  time  actually  employed  in  the  business  of  the  board 
and  in  necessary  travel  to  and  from  meetings.  Any  accumulation  of 
funds  more  than  $200  above  the  estimated  expenses  of  the  current  year 
shall  be  paid  into  the  county  treasury,  subject  to  draft  thereafter  for 
the  necessary  expenses  of  the  commission,  whenever  such  expenses  shall 
exceed  the  receipts  for  the  year. 

§  16.  Any  Illinois  licensed  land  surveyor  may  take  the  evidence, 
under  oath  or  affirmation,  of  witnesses,  whose  evidence  may  be  useful 
in  establishing  any  part  of  a  survey;  he  may  take  an  attest  by  his  seal 
acknowledgement  of  plats  and  other  documents  relating  to  real  estate, 
in  the  manner  provided  for  notaries  public. 

§  17.  All  plats  and  certificates  thereto  under  the  hand  and  seal 
of  a  licensed  surveyor  shall  be  received  in  evidence  in  all  courts  in 
this  State,  and  shall  be  entitled  to  be  recorded  in  the  county  wherein 
the  land  affected  thereby  lies,  subject  always  to  any  statutory  provisions 
relating  to  the  approval,  recording  and  filing  of  plats  of  subdivision 
and  dedication. 

§  18.  The  board  of  examiners  shall  issue  permits  to  surveyors 
of  other  states  to  practice  within  the  counties  of  this  State  affected  by 
this  Act  when  they  present  credentials  showing  that  they  have  been 
admitted  to  practice  under  registration  or  licensed  laws  of  their  own 
states. 

§  19.  All  Acts  or  parts  of  Acts  inconsistent  with  the  provisions 
of  this  Act  are  hereby  repealed. 

Approved  June  28,  1919. 


TOWNSHIP  OEGANIZATION. 


TOWN  MEETING,   ETC. 

§    1.     Amends   section    7    of  Article  VII,  §   7.     Ballot   boxes   —   polling 

Act  of   1874.  places   —   canvass   — 

town  meetings. 

(House  Bill  No.   499.     Approved  June  28,   1919.) 

An  Act  to  amend  section  7  of  Article  VII  of  an  Act  entitled:  .  "An  Act 
to  revise  the  law  in  relation  to  township  organization,"  approved  and 
in  force  March  k,  187k,  as  amended. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois. 

represented  in  the  General  Assembly:    That  section  7  of  Article  VII  of 


970  TOWNSHIP    ORGANIZATION. 


an  Act  entitled:  "An  Act  to  revise  the  law  in  relation  to  township 
organization/'  approved  and  in  force  March  4,  1874,  as  amended,  is 
amended  to  read  as  follows : 

§  7.  The  town  shall  supply  a  suitable  ballot  box  or  boxes,  to  be 
kept  and  used  in  like  manner  as  ballot  boxes  in  other  elections.  In  in- 
corporated towns  or  incorporated  villages  whose  limits  are  co-extensive 
with  the  limits  of  a  town,  or  in  any  organized  town  where  the  number 
of  voters  at  the  last  preceding  general  election  exceeded  four  hundred 
and  fifty,  the  county  board  may  require  one  or  more  additional  ballot 
boxes  and  places  for  the  reception  of  votes  to  be  provided  which  places 
shall  be  selected  with  reference  to  the  convenience  of  the  electors  of 
the  town,  and  the  county  board,  in  such  cases,  shall  designate  at  which 
of  said  polling  places  the  miscellaneous  business  of  the  town  shall  be 
transacted,  and  shall  appoint  three  persons  in  each  precinct  to  serve  as 
judges  of  election :  Provided,  however,  that  in  towns  which  lie  wholly 
within  the  limits  of  an  incorporated  city,  and  in  any  town  whose  ter- 
ritorial limits  are  co-extensive  with  the  territorial  limits  of  any  incor- 
porated city,  village  or  incorporated  town,  the  common  council  of  such 
city  or  the  board  of  trustees  of  such  incorporated  village  or  town  shall 
divide  such  towns  into  election  precincts,  and  designate  the  voting  place 
in  each  precinct,  and  appoint  three  judges  of  election  for  each  pre- 
cinct, who  may  be  the  same  persons  as  are  appointed  as  judges  of  elec- 
tion for  city,  town  or  village  officers  held  on  the  same  day;  and  shall 
also  designate  the  place  where  the  miscellaneous  business  of  the  town 
shall  be  transacted.  In  such  towns  it  shall  be  lawful  to  print  or  write 
the  names  of  candidates  for  city  and  township  officers,  on  one  ballot, 
and  use  only  one  ballot-box  at  each  voting  place.  And  in  all  towns 
that  are  thus  divided  into  voting  precincts,  it  shall  be  the  duty  of  the 
town  clerk,  or  if  there  be  no  town  clerk,  it  shall  be  the  duty  of  the 
county  clerk  to  post  up,  in  three  of  the  most  public  places  of  the  town, 
a  notice  of  each  of  the  places  in  the  town  where  the  county  board,  city 
council  or  board  of  trustees  has  directed  and  required  the  election  to 
be  held,  and  of  the  place  designated  for  the  transaction  of  the  miscel- 
laneous business  of  the  town.  The  town  meeting  for  the  transaction  of 
such  miscellaneous  business  in  such  town  shall  be  held  at  the  hour  of 
two  o'clock  in  the  afternoon  of  said  day.  At  such  meeting  a  moderator 
shall  be  chosen  to  preside,  by  the  electors  present,  and  the  town  clerk 
shall  act  as  clerk  of  said  meeting,  and  keep  a  record  of  the  proceedings 
thereof.  The  judges  of  election,  in  their  respective  precincts,  shall 
cause  two  persons  having  similar  qualifications  with  themselves  to  act 
as  clerks  of  such  election,  and  said  judges  and  clerks  shall  conduct  such 
election  as  nearly  as  may  be  in  accordance  with  the  general  election  laws 
of  this  State  so  far  as  applicable,  except  that  no  registration  of  voters 
shall  be  required;  and  immediately  upon  closing  the  polls,  they  shall 
canvass  the  votes  polled  in  the  manner  provided  in  the  general  election 
law  of  the  State,  and  make  a  written  statement  or  certificate  of  the 
number  of  votes  cast  at  such  election  for  each  person  voted  for,  and  the 
office  for  which  such  person  received  such  votes,  and  shall  within  forty- 
eight  hours  thereafter  cause  such  certificate  and  the  poll-lists,  together 


WARRANTS.  971 


with  the  ballots  cast  at  such  election  to  be  separately  sealed  up  and 
transmitted  to  the  clerk  of  the  town.  The  supervisor,  together  with 
the  assessor  and  town  clerk,  shall,  within  five  days  thereafter,  meet  and 
canvass  said  returns  and  declare  the  result  of  said  election:  Provided, 
further,  that  this  Act  shall  not  be  construed  in  any  manner  to  amend, 
modify  or  repeal  any  of  the  provisions  of  an  Act  entitled:  "An  Act 
regulating  the  holding  of  elections  and  declaring  the  result  thereof  in 
cities,  villages  and  incorporated  towns  in  this  State/'  approved  June 
.19,  1885,  nor  shall  the  provisions  of  this  Act  apply  to  or  affect  any  city, 
village  or  incorporated  town  that  has,  by  vote  of  the  electors  thereof 
adopted  the  provisions  of  the  Act  last  hereinabove  mentioned. 
Approved  June  28,  1919. 


WARRANTS. 


WARRANTS. 

§    1.     Amends  section  3,  Act  of  1913.  §   3.     When    warrants    to    bear 

interest   —    jurors'    cer- 
tificates. 

(House  Bill  No.  757.     Approved  June  28,  1919.) 

An  Act  to  amend  section  3  of  an  Act  entitled,  "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"  approved  June  27,  WIS,  in  force  July  1,  1913. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  3  of  an  Act  entitled, 
"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,"  approved  June  27,  1913,  in  force 
July  1,  1913,  is  amended  to  read  as  follows: 

§  3.  Every  warrant  issued  under  this  Act  shall  bear  interest,  pay- 
able only  out  of  the  taxes  aganist  [against]  which  it  shall  be  drawn, 
at  the  rate  of  six  per  centum  per  annum,  from  the  date  of  its  issuance 
until  paid,  or  until-  notice  shall  be  given  by  publication  in  a  newspaper 
or  otherwise,  that  the  money  for  its  payment  is  available,  and  that  it 
will  be  paid  on  presentation  unless  a  lower  rate  of  interest  shall  be 
specified  therein,  in  which  case  the  interest  shall  be  computed  and  paid 
at  said  lower  rate.  All  jurors'  certificates  shall  hereafter  be  issued  in 
conformity  with  the  provisions  of  this  Act.  The  application  of  this  Act, 
however,  shall  not  relate  to  school  districts. 

Approved  June  28,  1919. 


972 


WATERWAYS. 


WATERWAYS. 


AMENDMENT   OP    1919. 


Amends  sections  18,  23,  24,  26 
and  29,  and  adds  section  30, 
Act   of    1911. 

§  18.  Approval  of  improve- 
ments —  penalty  for 
violation  — ■  construc- 
tion of  certain  terms 
used    in   Act. 

§  23.  To  maintain  stream 
gauge  stations — -per- 
mit for  erection  of 
bridges  over  streams. 


§    26. 


Department  of  Public 
Works  and  Buildings 
to  have  jurisdiction 
of  every  public  body 
of   water. 


2  9.  Act  shall  not  be  con- 
strued as  impairing 
certain  powers  here- 
tofore  granted. 

30.  Act  shall  not  be  con- 
strued to  authorize 
construction  of  dams. 


§  24.  Examination  of  shore 
lines  of  Lake  Michi- 
gan and  Chicago 
River. 

(House  Bill  No.    469.     Approved  June   30,   1919.) 

An  Act  to  amend  an  Act  entitled  "An  Act  creating  a  Rivers  and  Lakes 
Commission  for  the  State  of  Illinois,  and  defining  the  duties  and  pow- 
ers thereof,"  approved  June  10,  1911,  in  force  July  1,  1911,  as  subse- 
quently amended,  by  amending  sections  eighteen,  twenty-three,  twenty- 
]our,  twenty-six  and  twenty-nine  thereof  and  by  adding  a  new  section 
to  be  known  as  section  thirty. 

Section  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
represented  in  the  General  Assembly:  That  an  Act  entitled  "An  Act 
creating  a  Eivers  and  Lakes  Commission  for  the  State  of  Illinois,  and 
defining  the  duties  and  powers  thereof,"  approved  June  10,  1911,  in 
force  July  1,  1911,  as  subsequently  amended,  be,  and  the  same  is  hereby 
amended,  by  amending  sections  eighteen,  twenty-three,  twenty-four, 
twenty-six  and  twenty-nine  to  read  as  follows : 

§  18.  It  shall  be  unlawful  to  make  any  fill  or  deposit  of  rock, 
earth,  sand,  or  other  material,  or  any  refuse  matter  of  any  kind  or  des- 
cription, or  build  or  commence  the  building  of  any  wharf,  pier,  dolphin, 
boom,  wier,  breakwater,  bulk-head,  jetty,  or  other  structure,  or  to  do  any 
work  of  any  kind  whatsoever  in  any  of  the  public  bodies  of  water  within 
the  State  of  Illinois,  without  first  submitting  the  plans,  profiles,  and 
specifications  therefor,  and  such  other  data  and  information  as  may  be 
required,  to  the  Department  of  Public  Works  and  Buildings  of  the  State 
and  receiving  a  permit  therefor  signed  by  the  Director  of  said  Depart- 
ment and  authenticated  by  the  seal  thereof ;  and  any  person,  corporation, 
company,  city,  or  municipality,  or  other  agency,  which  shall  do  any  of 
the  things  above  prohibited,  without  securing  a  permit  therefor  as  above 
provided,  shall,  upon  conviction  thereof,  be  fined  in  a  sum  not  exceeding 
five  thousand  dollars  or  imprisoned  in  the  county  jail  not  exceeding  one 
year,  or  may  in  the  discretion  of  the  court  be  punished  by  both  fine  and 
imprisonment.  Any  structure,  fill,  or  deposit  erected  or  made  in  any 
of  the  public  bodies  of  water  of  this  State,  in  violation  of  the  provisions 
of  this  section,  is  hereby  declared  to  be  a  purpresture  and  may  be  abated 
as  such  at  the  expense  of  the  person,  corporation,  company,  city,  munici- 


WATERWAYS.  073 


pality,  or  other  agency  responsible  therefor,  or  if,  in  the  discretion  of 
said  Department  of  Public  Works  and  Buildings,  it  be  decided  that 
said  structure,  fill,  or  deposit  may  remain,  said  department  may  fix  such 
rule,  regulation,  requirement,  restrictions,  or  rentals  or  require  and 
compel  such  changes,  modifications  and  repairs  as  shall  be  necessary  to 
protect  the  interests  of  the  State.  If  deemed  in  the  public  interest,  said 
Department  of  Public  Works  and  Buildings  may,  for  the  purpose  of 
establishing  uniform  shore  lines  upon  Lake  Michigan  or  other  streams 
or  lakes  of  this  State,  permit  fills  of  rock,  earth,  or  sand  to  be  placed 
inside  a  wall  or  breakwater  so  constructed  as  not  to  permit  the  escape 
of  such  materials  into  such  lake,  river,  or  stream,  and  said  Department 
is  hereby  authorized  to  require  of  applicants  for  such  permits  such  con- 
tracts or  to  impose  such  restrictions  as  shall  fully  protect  the  interests 
of  the  State.  Wherever  the  terms  public  waters,  public  bodies  of  water, 
or  streams  and  lakes  are  used  or  referred  to  in  this  Act,  they  shall  be 
construed  to  mean  all  open  public  streams  (except  as  to  any  sanitary 
district  channel  now  constructed  or  being  constructed)  and  lakes  cap- 
able of  being  navigated  by  water  craft,  in  whole  or  in  part,  for  com- 
mercial uses  and  purposes,  and  all  lakes,  rivers,  and  streams  which  ;n 
their  natural  condition  were  capable  of  being  improved  and  made  navi- 
gable, or  that  are  connected  with  or  discharge  their  waters  into  navigable 
lakes  or  rivers  within,  or  upon  the  borders  of  the  State  of  Illinois,  to- 
gether with  all  bayous,  sloughs,  backwaters,  and  submerged  lands  that 
are  open  to  the  main  channel  or  body  of  water  and  directly  accessible 
thereto. 

§  23.  It  shall  be  the  duty  of  the  Department  of  Public  Works  and 
Buildings  to  maintain  stream  gauge  stations,  and  to  make  careful  in- 
vestigations of  the  streams  of  the  State  with  reference  to  the  carrying 
capacity  of  all  such  streams  in  times  of  flood  and  under  normal  condi- 
tions; to  prevent  the  carrying  capacity  of  streams  to  be  limited  and 
impaired  by  fills,  deposits,  obstructions,  encroachments  therein  or  bridges 
over  same,  to  an  extent  where  the  same  cannot  safely  dispose  of  the 
flood  waters  which  may  naturally,  lawfully  and  properly  be  discharged 
therein;  to  require  such  changes  in  bridges  across  any  navigable  waters 
or  streams,  or  bodies  of  water  made  navigable,  necessary  to  meet  the 
demands  of  navigation  and  commerce  thereon.  If  the  capacity  of  any 
stream  is  limited  and  impaired  by  reason  of  any  of  the  Acts  or  con- 
struction in  this  Act  provided,  so  as  to  constitute  a  menace  to  property 
along  the  course  of  said  stream  or  safety  of  the  people  of  the  State,  or 
results  in  damage,  overflow,  or  an  interruption  to  navigation,  said 
Department  of  Public  Works  and  Buildings,  shall  take  such  action  as 
may  be  required,  by  injunction  or  otherwise,  to  prevent  such  encroach- 
ments or  the  erection  of  such  structures,  or  compel  the  removal  or  modi- 
fication of  same.  It  shall  be  unlawful  for  any  person,  persons,  corpora- 
tions, counties,  cities,  municipalities,  or  other  agency  to  make  any  fill, 
deposit  or  encroachment  in,  or  erect  any  bridges,  over  any  of  the  streams 
of  this  State,  until  plans,  profiles  and  specifications,  and  other  data 
which  may  be  required,  have  been  first  filed  with  the  said  Department 


974  WATERWAYS. 


of  Public  Works  and  Buildings  of  this  State,  and  a  written  permit 
received  therefor. 

The  Department  of  Public  Works  and  Buildings  is  authorized,  in 
case  of  existing  dams,  to  require  said  dams  be  maintained  in  a  proper 
state  of  repair,  and  at  a  heighth  for  proper  control  of  water  levels  in  the 
disposal  of  flood  waters  and  at  normal  stages,  and  for  such  purposes  to 
require  changes  and  modifications  therein,  and  to  compel  the  installation 
of  fishways  in  existing  dams  wherever  deemed  necessary. 

§  24.  It  shall  be  the  duty  of  said  Department  of  Public  Works  and 
Buildings,  to  carefully  examine  the  shore  lines  of  Lake  Michigan  and  the 
Chicago  Eiver  each  year  for  the  purpose  of  seeing  that  encroachments 
are  not  made  upon  these  bodies  of  water,  and  for  the  purpose  of  pre- 
venting  any  land  being  made  along  the  said  Chicago  Eiver  or  Lake 
Michigan  in  such  manner  as  might  become  an  encroachment  thereon 

The  Department  of  Public  Works  and  Buildings,  for  the  purpose  of 
preventing  fills,  deposits  of  any  character,  or  encroachments  upon  any 
of  the  lakes  or  rivers  of  this  State,  and  for  the  protection  of  navigation 
upon  any  of  the  navigable  rivers  and  lakes  of  this  State,  or  such  rivers 
and  lakes  as  are  capable  of  being  made  navigable  by  improvement,  is 
hereby  authorized  and  empowered-  to  lay  out  and  fix  shore  or  harbor 
lines  through  any  city  or  municipality,  or  at  any  other  locality  where 
public  interests  may  require,  and  to  authorize  the  construction  of  retain- 
ing walls  under  proper  restrictions  and  conditions.  Any  person  or  per- 
sons, city  or  municipality,  or  other  agency,  desiring  to  erect  such  wall, 
shall  first  secure  a  permit  therefor  upon  application  to  and  submission" 
of  plans,  profiles  and  specifications  to  said  Department  of  Public  Works 
and  Buildings,  the  line  upon  which  said  construction  is  to  be  placed 
to  be  fixed  by  survey  by  said  Department.  Whoever  violates  any  of  the 
provisions  of  this  section,  or  does  any  work  herein  designated  without 
first  obtaining  a  permit  from  the  Department  of  Public  Works  and 
Buildings,  shall,  upon  conviction,  be  fined  not  exceeding  $2,500.00  or  im- 
prisoned in  the  county  jail  not  exceeding  one  year,  or  may,  in  the  discre- 
tion of  the  court,  be  punished  by  both  such  fine  and  imprisonment. 

§  26.  Said  Department  of  Public  Works  and  Buildings  shall,  for 
the  purpose  of  protecting  the  rights  and  interests  of  the  State  of  Illinois, 
or  the  citizens  of  the  State  of  Illinois,  have  full  and  complete  jurisdic- 
tion of  every  public  body  of  water  in  the  State  of  Illinois,  subject  only 
to  the  paramount  authority  of  the  Government  of  the  United  States 
with  reference  to  the  navigation  of  such  stream  or  streams,  and  the  laws 
of  Illinois,  but  nothing  in  this  Act  contained  shall  be  construed  or  held 
to  be  any  impairment  whatsoever  of  the  rights  of  the  citizens  of  the 
State  of  Illinois  to  fully  and  in  a  proper  manner,  enjoy  the  use  of  any 
and  all  of  the  public  waters  of  the  State  of  Illinois,  and  the  jurisdiction 
of  said  Department  of  Public  Works  and  Buildings  shall  be  deemed  to 
be  for  the  purpose  of  protecting  the  rights  of  the  people  of  the  State 
in  the  full  and  free  enjoyment  of  all  of  such  bodies  of  water,  and  for 
the  purpose  of  preventing  unlawful  and  improper  encroachment  upon  the 
same,  or  impairment  of  the  rights  of  the  people  with  reference  thereto, 
and  every  proper  use  which  the  people  may  make  of  the  public  rivers 


WATERWAYS.  975 


and  streams  and  lakes  of  the  State  of  Illinois  shall  be  aided,  assisted, 
encouraged  and  protected  by  the  Department  of  Public  Works  and  Build- 
ings. 

§  29.  No  provision  of  this  Act  shall  be  construed  as  limiting  or 
impairing  the  powers  and  rights  heretofore  granted  to  any  board  of  park 
commissioners,  now  existing,  where  such  board  of  park  commissioners 
having  control  of  a  park  or  parks  within  the  limits  of  cities  having  a 
population  of  two  hundred  thousand  (200,000)  or  over,  and  where  such 
"park  commissioners  are  appointed  by  the  Governor  of  the  State  of  Illi- 
nois, or  by  judges  of  the  Circuit  Court  of  the  county  in  which  such  park 
district  is  located.  Provided,  'however,,  that  such  board  of  park  commis- 
sioners shall  file  with  the  Department  of  Public  Works  and  Buildings 
the  plan  adopted  by  such  park  commissioners  for  park  improvement  or 
enlargement. 

§  30.  Nothing  in  this  Act  contained  shall  be  construed  to  mean 
or  intend  any  authorization  to  the  State  of  Illinois  or  any  department 
thereof,  or  any  individual,  corporation,  company  or  person,  natural  or 
artificial,  to  construct  or  erect  any  dam  or  equivalent  thereof,  in  any 
of  the  streams  of  this  State,  nor  to  mean  or  intend  the  grant  of  any 
power  or  authority  to  the  State  of  Illinois  or  any  deparment  thereof, 
to  grant  or  issue  any  permit  to  any  corporation,  company,  or  person, 
natural  or  artificial,  to  construct  or  erect  any  such  dam  or  the  equivalent 
thereof. 

Approved  June  30,  1919. 


HENRY   AND    COPPERAS    CREEK — DAMS,    ETC.,    GRANTED    TO   UNITED 

STATES. 

§   1.     Department    of    Public   Works    and    Buildings    authorized    to    make    contracts 
with  United  States. 

(House  Bill  No.   467.     Approved  June  21,  1919.) 

An  Act  authorizing  the  dams,  works,  and  appurtenances  at  Henry  and 
Copperas  Creek  to  he  granted  to  the  United  States. 

Section  1.  Be  it  enacted  by  4he  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Department  of  Public 
Works  and  Buildings  is  authorized,  whenever  in  its  judgment  the  in- 
terests of  the  State  will  be  promoted  thereby,  to  make  contracts  with 
the  United  States  concerning  the  use  of,  and  to  grant,  convey  and  cede 
to  the  United  States,  the  dam,  locks  and  other  State  works  at  Henry 
and  Copperas  Creek  and  all  real  estate  and  rights  possessed  by  the 
State  of  Illinois  in  connection  therewith. 

Approved  June  21,  1919. 


976  WATERWAYS. 


ILLINOIS    AND    MICHIGAN    CANAL. 

§ 

1. 

Surveys  —  employment    of    engi- 
neers —  possession    of    certain 
lands. 

§   4.     Attorney  General  to  prosecute. 
§   5.     Hearings. 

§ 

2. 

Claims  to  land  other  than  that  of 
State. 

§   6.     Repeal. 

§ 

3. 

To  protect  against  encroachments 
—  consent    of    Federal    Govern- 
ment— Sag   channel    not    an    ob- 
struction. 

(Senate   Bill   No.    288.     Approved   June    17,    1919.) 

An  Act  in  relation  to  the  Illinois  and  Michigan  Ganal  and  the  canal 
lands,  the  protection,  preservation  and  disposition  thereof,  and  to  re- 
peal all  Acts  and  parts  of  Acts  in  conflict  herewith. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Department  of  Public 
Works. and  Buildings  is  authorized  to  ascertain  and  establish  the  sur- 
veys of  the  Illinois  and  Michigan  Canal  and  the  strips  of  land  ad- 
jacent thereto,  including  the  ninety-foot  strips  as  originally  made  and 
laid  out  by  the  State  and  Federal  governments;  to  employ  without  ref- 
erence to  the  State  Civil  Service  Act  such  engineers,  surveyors,  investi- 
gators or  expert  help,  as  may  be  necessary  for  that  purpose;  and  to 
enter  upon  and  take  possession  of  any  lands  or  premises  now  belonging 
to  the  State  which  were  granted  to  it  by  the  Federal  government  or 
became  its  property  in  connection  with  the  construction  of  said  Illinois 
and  Michigan  Canal. 

§  2.  jSTo  claim,  other  than  that  of  the  State,  to  any  of  the  said 
lands  and  premises,  shall  be  recognized  by  said  Department  of  Public 
Works  and  Buildings  or  by  any  other  officer  of  the  State,  except  in  cases 
where  such  claim  is  based  upon  the  valid  deed,  contract,  lease  or  permit 
of  the  proper  officers  of  the  State.  It  shall  be  the  duty  of  the  said 
Department  of  Public  Works  and  Buildings  to  protect  the  rights  of 
the  State  against  any  one  who  may  have  improperly  seized  or  occupied 
any  of  said  lands  or  premises  and  to  that  end  it  may  employ  any  and 
all  means  which  may  be  lawfully  used  in  protecting  the  property  of 
the  State. 

§  3.  The  Department  of  Public  Works  and  Buildings  is  author- 
ized and  directed  to  protect  against  and  prevent  encroachments  upon 
said  Illinois  and  Michigan  Canal  throughout  its  entire  course  as  orig- 
inally constructed,  and  to  preserve  its  navigable  condition  throughout 
said  entire  course,  and  it  may,  when  the  permission  of  the  Federal  gov- 
ernment is  obtained,  change  and  improve  said  canal  to  provide  term- 
inal and  harbor  facilities  for  interchange  of  freight  or  for  any  other 
use  in  connection  with  transportation  which  said  department  may  deem 
advantageous  to  the  State.  No  permission  heretofore  or  hereafter 
granted,  which  results  in  obstruction  to  the  navigable  condition  or 
capacity  of  any  portion  of  said  canal  or  interferes  with  its  use  for  any 
of  the  purposes  herein  named  shall  operate  in  any  way  whatever  to  deprive 
the  State  of  any  of  its  rights  in  said  canal  or  canal  lands,  and  all  ob- 
structions or  structures  heretofore  or  hereafter  erected  or  placed  in 
said  canal  shall  be  subject  to  removal  upon  the  order  of  said  Depart- 


WATERWAYS. 


977 


ment  of  Public  Works  and  Buildings.  Provided,  however,  the  use  of 
the  Sag  channel  of  the  Sanitary  District  of  Chicago  shall  not  be  pre- 
vented nor  shall  it  be  considered  an  obstruction  within  the  meaning 
of  this  section,  but  the  State  may  require,  in  the  development  of  its 
waterways  and  the  use  of  said  Illinois  &  Michigan  canal  such  changes 
in  the  crossing  of  the  Illinois  &  Michigan  canal  by  said  Sag  channel  as 
may  be  necessary  for  the  use  of  said  Illinois  &  Michigan  canal  by  the 
State. 

§  4.  The  Attorney  General  of  the  State  of  Illinois  is  hereby 
authorized  and  directed  to  institute  in  the  name  of  the  People  and  to 
prosecute  whatever  suits  are  necessary  to  protect  and  maintain  the 
rights  of  the  State  in  and  to  said  Illinois  &  Michigan  Canal  through- 
out its  entire  ninety-six  mile  course  from  the  south  fork  of  the  south 
branch  of  the  Chicago  River  to  the  point  at  which  it  connects  with  the 
Illinois  at  LaSalle. 

§  5.  The  Department  of  Public  Works  and  Buildings  is  author- 
ized, after  due  notice  and  hearing,  to  make  whatever  orders  are  neces- 
sary to  make  effective  the  provisions  of  this  Act.  Said  hearings  shall 
be  conducted  and  said  orders  shall  be  made  and  enforced  in  the  manner 
prescribed  in  the  Act  entitled,  "An  Act  creating  a  Rivers  and  Lakes 
Commission  for  the  State  of  Illinois,  and  defining  the  duties  and  pow- 
ers thereof/'  approved  June  10,  1911,  in  force  July  1,  1911,  and 
amendments  thereto. 

§  6.  All  Acts  and  parts  of  Acts  in  conflict  herewith  are  hereby 
repealed. 

Approved  June  17,  1919. 


ILLINOIS    WATERWAY. 


§      1.     Location — name. 

§  2.  General  route  —  Department  of 
Public  Works  and  Buildings 
may    change. 

§      3.     Dimensions  of  channel  and  locks. 

§  4.  Route  deemed  most  advantage- 
ous. 

§      5.     Terms  used — how  construed. 

§  6.  Department  of  Public  Works  and 
Buildings   to   control. 

§  7.  Defines  power  of  Department  of 
Public  Works   and   Buildings. 

§  8.  Eminent  domain  Act  to  apply — 
additional  compensation  may 
be  awarded. 

§  9.  Attorneys  fees  to  be  taxed  as 
costs  in  certain  cases. 

§  10.  Right  of  action  for  damages  not 
impaired — State    not    liable. 

§  11.  May  use  public  property  when 
deemed  necessary. 

§12.     Procedure   in   construction. 

—62  L 


§  13. 

$  14. 

§  15. 

§  16. 

S  17. 

§  18. 

§  19. 

§  20. 

§  21. 

§  22. 


Publicntion  notice  of  letting  con- 
tracts. 


Contracts  —  bond 
workmen. 


insurance    of 


Grants  power  to  stop  work  on 
contract  when  not  satisfactory 
— may  relet  contract. 

Drainage  or  sewer  system  to  be 
restored  if  interfered  with  or 
destroyed. 

City  councils  and  village  boards 
— plans  and  specifications  sub- 
mitted to — filing  objections. 

Concerning  Joliet — sanitary  Dis- 
trict of  Chicago  to  have  access 
to   waterway. 

Concerning  Ottawa. 

Concerning    bridges    along    route. 

Leasing    of    surplus    water. 

Rules  and  regulations  to  be  ob- 
served by  lessee  of  water 
power. 

§2  3.      State  liable  for  certain  damages. 


978  WATERWAYS. 


ILLINOIS   WATERWAY — Concluded. 

§   24.     Claims   for  damages.  §   27.     Creates    "The    Waterway    Main- 

tenance  Fund." 
§   25.     State  liable  for  injuries  or  death 

of  employees.  §   28.     Repeal. 

§   26.     Police    rules    and    regulations    to 
be   posted   and   published. 

(Senate  Bill  No.   252.     Approved  June   17,    1919.) 

An  Act  in  relation  to  the  construction,  operation  and  maintenance  of  a 
deep  waterway  from  the  water  power  plant  of  the  Sanitary  District  of 
Chicago  at  or  near  Lockport  to  a  point  in  the  Illinois  River  at  or  near 
Utica,  and  for  the  development  and  utilization  of  the  water  power 
thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  A  deep  waterway  shall  be  con- 
structed from  the  water  power  plant  of  the  Sanitary  District  of  Chicago, 
at  or  near  Lockport  in  the  township  of  Lockport,  in  the  County  of  Will, 
to  a  point  in  the  Illinois  Eiver  at  or  near  Utica.  Such  waterway  shall 
be  known  as  "The  Illinois  Waterway." 

§  2.  The  general  route  of  "The  Illinois  Waterway"  shall  be  as 
follows : 

Commencing  at  the  water  power  plant  of  the  Sanitary  District  of 
Chicago,  at  or  near  Lockport,  in  the  township  of  Lockport,  in  the  County 
of  Will,  thence  through  the  tail  race  of  the  Sanitary  District  of  Chicago 
to  the  junction  of  such  tail  race  and  the  DesPlaines  Eiver,  the  DesPlaines 
Eiver  and  Illinois  and  Michigan  Canal  through  the  City  of  Joliet,  the 
DesPlaines  Eiver  to  the  Illinois  Eiver  and  the  Illinois  Eiver  to  a  point 
therein  at  or  near  Utica. 

If,  in  the  judgment  of  the  Department  of  Public  Works  and  Build- 
ings, the  utilization  of  sections  of  the  Illinois  and  DesPlaines  rivers  is 
not  practicable  or  feasible,  then  the  general  route  above  described  may 
be  deviated  from  in  such  sections  and  in  lieu  thereof  the  Illinois  and. 
Michigan  Canal  may  be  used  and  improved,  or  channels  outside  of  such 
rivers  may  be  constructed. 

§  3.  The  channel  of  the  Illinois  Waterway,  where  practicable,  shall 
be  not  less  than  one  hundred  and  fifty  feet  bottom  width.  The  mini- 
mum depth  of  channel  in  the  earth  sections  shall  be  not  less  than  eight 
feet  and  in  the  rock  sections  not  less  than  ten  feet.  The  minimum  depth 
over  mitre  sills  of  the  locks  shall  be  not  less  than  fourteen  feet.  The 
minimum  width  of  locks  shall  be  not  less  than  one  hundred  and  ten 
feet  and  the  minimum  length  shall  be  not  less  than  six  hundred  feet 
usuable  length. 

§  4.  The  General  Assembly  hereby  declares  and  finds  that  "The 
Illinois  Waterway"  along  the  route  herein  defined,  with  the  minimum 
width  and  depth  of  channel  herein  prescribed,  is  practicable  for  a  general 
plan  and  scheme  of  a  deep  waterway  and  is  deemed  most  advantageous 
for  such  plan  of  deep  waterway. 

§  5.     The  terms  used  in  this  Act  shall  be  construed  as  follows : 

(a)     The  term  "waterway"  shall  refer  to  "The  Illinois  Waterway;" 


WATERWAYS.  979 


(b)  The  term  "appurtenances"  when  used  with  reference  to  or  in 
connection  with  the  term  "The  Illinois  Waterway/'  or  in  connection 
with  the  term  "waterway,"  shall  comprehend  all  dams,  Locks  (including 
the  lock  connecting  the  Sanitary  District  Channel  with  "Tin;  Illinois 
Waterway),"  power  plants,  clocks,  dry  docks,  terminals,  landings,  walls, 
dykes,  embankments,  basins,  pools,  laterals,  buildings,  structures  or 
appliances  necessary,  convenient  or  incident  to  the  construction,  opera- 
tion or  maintenance  of  "The  Illinois  Waterway." 

§  6.  The  construction,  maintenance,  control  and  operation  of  "The 
Illinois  Waterway"  and  its  appurtenances  shall  devolve  upon  the  De- 
partment of  Public  Works  and  Buildings. 

§  7.  Subject  to  the  conditions  and  limitations  prescribed  by  this 
Act,  and  subject  to  any  conditions  and  limitations  which  the  Federal 
government  or  the  officers  thereof  may  lawfully  impose,  the  Department 
of  Public  Works  and  Buildings  shall  have  power : 

(1)  To  prepare  plans  and  specifications  for  the  construction  of 
"The  Illinois  Waterway"  and  its  appurtenances; 

(2)  To  construct,  control,  manage,  maintain  and  operate  such 
waterway  and  its  appurtenances; 

(3)  To  use  or  to  lease,  in  whole  or  in  part,  the  surplus  waters  of 
such  waterway  or  the  power  developed  therefrom; 

(4)  To  construct,  maintain  and  operate  power  plants,  structures, 
buildings  and  appliances  relative  thereto  for  the  utilization  of  the  surplus 
waters  arising  from  the  construction,  maintenance  or  operation  of  the 
waterway,  and  to  lease,  sell  or  otherwise  dispose  of  the  whole  or  any  part 
of  the  electrical  current  or  energy  thereby  generated; 

(5)  To  establish  and  collect  reasonable  rates  of  toll  for  the  passage 
through  and  the  use  of  such  waterway,  dams,  locks  and  other  appur- 
tenances within  the  limits  of  the  State,  but  such  waterway  and  its 
appurtenances  shall  be  free  for  the  transportation  of  any  property  of  the 
United  States  or  persons  in  the  service  thereof  passing  through  the 
same; 

(6)  To  prescribe  reasonable  rules  and  regulations  in  respect  to  all 
matters  connected  with  the  navigation  and  use  of  such  waterway  and 
its  appurtenances; 

(7)  To  acquire  by  donation,  purchase,  contract  or  exchange  any 
property,  real  or  personal,  necessary  or  incident  to  the  construction, 
maintenance,  equipment,  operation  or  repair  of  the  waterway  and  its 
appurtenances ; 

(8)  To  acquire  by  condemnation  under  the  eminent  domain  laws 
of  this  State  all  property  necessary  to  be  taken  or  damaged  for  the  con- 
struction, maintenance,  operation  or  repair  of  such  waterway  and  its 
appurtenances ; 

(9)  To  enter  upon  and  use  any  lands,  waters,  streams  and  ma- 
terials of  any  description,  necessar}^  for  the  prosecution  of  the  works 
contemplated  by  this  Act; 

(10)  To  repair,  replace  or  reconstruct  any  and  all  public  bridges 
along  the  line  of  such  waterway  in  order  to  provide  safe  and  suitable 
navigation  along  such  waterway,  and  to  require  the  removal  or  alteration 


980  WATERWAYS. 


of  bridges  owned,  controlled  or  operated  by  private  corporations  or  per- 
sons which  hinder  or  obstruct  navigation; 

(11)  To  exercise,  during  the  construction  of  such  waterway,  police 
jurisdiction  over  such  waterway  and  its  appurtenances  throughout  its 
entire  extent  and  within  a  distance  of  one  mile  on  either  side  thereof 
outside  the  limits  of  cities  and  villages,  and  to  prescribe  reasonable  police 
rules  and  regulations  for  the  preservation  of  the  public  peace,  the  pro- 
tection of  property  and  the  conservation  of  health ; 

(12)  To  prescribe  and  enforce,  during  the  construction  of  such 
waterway,  sanitary  regulations  for  all  camps,  boarding  and  rooming 
houses  and  dwellings  where  employees  of  the  department  or  of  the  con- 
tractors on  such  waterway  and  its  appurtances  are  domiciled; 

(13)  To  sell  and  dispose  of  any  machinery,  tools,  fixtures,  stone, 
debris,  material  or  personal  property  unnecessary  for  the  proper  manage- 
ment, construction,  repair  or  use  of  the  waterway  or  its  appurtenances ; 

(14)  To  sell  or  to  lease,  from  time  to  time,  any  of  the  lands  or 
lots  acquired  for  use  in  the  construction  of  such  waterway,  or  in  the 
development  of  power  incident  thereto  and  no  longer  needed  for  the 
maintenance,  use  and  operation  of  such  waterway  or  water  power; 

(15)  To  employ,  without  reference  to  the  State  civil  service  act,  as 
many  engineers,  draftsmen,  surveyors,  agents,  clerks,  superinteding  or  ex- 
pert help,  laborers  and  other  persons  as  may  be  necessarry  to  the  design- 
ing and  construction  of  the  waterway  and  its  appurtenances; 

(16)  To  make  application  to  the  Federal  Government  for  all  neces- 
sary permits; 

(17)  To  make  all  contracts  and  to  do  all  acts  necessary  to  carry 
into  effect  the  powers  herein  granted. 

§  8.  Before  the  Department  of  Public  Works  and  Buildings  shall 
enter  upon,  take  or  damage  private  or  public  property  for  the  con- 
struction, maintenance,  enlargement  or  extension  of  the  waterway  or 
its  appurtenances  it  shall  make  just  compensation  therefor.  If  such  just 
compensation  cannot  be  agreed  upon  between  the  Department  of  Public 
Works  and  Buildings  and  the  owner  of  such  private  or  public  property, 
it  shall  be  ascertained,  determined  and  found  in  the  manner  provided 
by  the  eminent  domain  laws  of  this  State. 

When  the  amount  of  compensation  has  been  ascertained,  determined 
and  found  in  the  manner  provided  by  the  eminent  domain  Act,  or  by 
any  other  law,  the  Department  of  Public  Works  and  Buildings,  upon 
payment  of  the  amount  of  the  judgment  of  the  court,  and  such  further 
amount,  if  any,  as  may  be  ordered  by  the  court  to  cover  any  additional 
compensation  that  may  be  awarded  on  appeal  or  on  a  re-trial,  into  the 
county  treasury  for  the  use  of  the  defendant  or  defendants  as  their 
respective  rights  and  interests  may  appear  and  costs  of  suit,  may 
enter  upon,  take  possession  of  and  damage  the  private  property  described 
in  the  petition. 

§  9.  If  it  appears  to  the  court  on  a  motion  to  tax  costs  in  any 
eminent  domain  proceeding  brought  under  the  provisions  of  this  Act 
that  the  amount  awarded  to  the  defendant  for  private  property  taken 
or  damaged  exceeds  the  amount  offered  by  the  Department  of  Public 
Works  and  Buildings  before  the  institution  of  eminent  domain  proceed- 


WATERWAYS.  981 


ings  for  such  private  property  and  for  damages,  then  the  court  shall 
tax  as  costs  of  suit  a  reasonable  attorney's  fee  for  the  defendant. 

§10.  Nothing  in  this  Act  shall  be  construed  to  affect  or  impair 
the  right  of  action  which  any  person  or  corporation  may  have  against 
the  Sanitary  District  of  Chicago  for  damages  to  property,  nor  shall 
any  damages  caused  by  the  Sanitary  District  of  Chicago  be  compen- 
sated by  the  State. 

§  11.  When,  in  the  judgment  of  the  Department  of  Public  Works 
and  Buildings,  it  shall  be  necessary  for  the  economical  and  successful 
construction,  maintenance  and  operation  of  such  waterways  and  its 
appurtances,  to  enter  upon  and  use  any  public  property  or  property  held 
for  public  use,  such  department  shall  have  the  right  so  to  do,  and  to  enter 
upon,  occupy,  use,  widen,  deepen  and  improve  such  waterway  or  any 
public  works  connected  therewith,  but  the  public  use  of  such  property 
shall  not  be  unnecessarily  interfered  with.  The  property  mentioned 
in  this  section  shall  include  only  such  property  or  interests  in  property 
which  the  State  has  lawful  power  to  appropriate  to  the  use  of  such 
waterway  and  its  appurtenances  without  making  compensation  therefor. 

§  12.  In  the  construction  of  such  waterway,  its  appurtenances 
and  appliances,  the  Department  of  Public  Works  and  Buildings  may, 
in  its  judgment  and  discretion,  proceed  in  either  of  the  following  ways : 

(1)  It  may  let  the  same  or  any  part  or  portion  thereof  to  the 
lowest  responsible  bidder;  or  , 

(2)  It  may  do  the  same  or  any  part  or  portion  thereof,  by  the 
direct  employment  of  services,  labor,  materials  and  equipment,  and  may 
procure  and  employ  for  such  purpose  the  necessary  superintendents, 
agents,  office  force,  laborers,  workmen,  implements,  tools,  machinery 
and  all  other  employees,  equipment  and  services  necessary  or  incidental 
to  such  construction. 

§  13.  Before  any  contract  entailing  the  expenditure  of  five  thou- 
sand dollars  or  more  is  entered  into,  public  notice  shall  be  given  of  the 
time  and  place  at  which  proposals  shall  be  received  for  entering  into 
contracts,  which  notices  shall  be  previously  published  for  at  least  once  a 
week  for  four  weeks  in  two  daily  newspapers  printed  in  the  City  of 
Chicago,  in  two  engineering  and  contracting  journals  of  general  cir- 
culation in  the  United  States,  and  in  such  other  publication  as  may  be 
deemed  proper. 

§  14.  In  the  letting  of  contracts  for  the  construction  of  such 
waterway,  its  appurtenances  and  appliances,  or  any  part  or  parts  thereof, 
the  Department  of  Public  Works  and  Buildings  shall,  as*  a  condition 
for  the  acceptance  of  any  bid,  exact  a  bond  payable  to  the  People  of  the 
State  of  Illinois,  with  security  to  be  approved  by  the  department,  con- 
ditioned for  the  faithful  performance  of  the  contract  in  accordance 
with  its  terms  and  conditions.  As  a  further  condition  precedent  to  the 
acceptance  of  such  bid,  the  department  shall  require  that  the  contractor 
shall  adequately  insure  all  his  workmen  and  other  emplo}^ees  against 
risk  of  all  injury  or  death  arising  out  of  and  in  the  course  of  such  em- 
ployment. 

The  compensation  for  either  injury  or  death  shall  be  paid  according 
to  the  provisions  of  an  Act  entitled,  "An  Act  to  promote  the  general 


982  WATEEWAYS. 


welfare  of  the  people  of  this  State  by  providing  compensation  for  acci- 
dental injuries  or  death  suffered  in  the  course  of  employment  within 
this  State,  providing  for  the  enforcement  and  administration  thereof, 
and  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  28,  1913,  in  force  July  1,  1913,  and 
all  amendments  thereto  or  revisions  thereof.  All  contractors  shall  file 
with  the  Department  of  Public  Works  and  Buildings  the  name  of  the 
company  or  companies  furnishing  the  insurance  and  the  acknowledge- 
ment of  such  company  that  such  insurance  has  been  furnished. 

§  15.  If,  in  the  judgment  of  the  Department  of  Public  Works 
and  Buildings,  work  under  any  contract  is  not  being  performed  accord- 
ing to  the  contract  or  for  the  best  interests  of  the  State,  it  shall  have 
the  power  to  suspend  or  stop  the  work  under  such  contract  while  it  is 
in  progress  and  perform  the  remaining  parts  by  its  own  forces.  It  shall 
thereupon  become  its  duty  to  complete  the  same  in  such  manner  as  will 
accord  with  the  contract  and  specifications  and  be  for  the  best  interests 
of  the  State,  or  the  contract  may  be  canceled  and  readvertised  and  relet 
in  the  manner  in  which  original  contracts  shall  have  been  let,  and  any 
cost  in  excess  of  completing  the  contract  beyond  the  price  for  which  the 
same  was  originally  awarded  shall  be  charged  to  and  paid  by  the  con- 
tractor failing  to  perform  the  work. 

Every  contract  shall  reserve  to  the  Department  of  Public  Works 
and  Buildings  the  right  to  suspend  or  cancel  the  contract  as  above  pro- 
vided, and  to  complete  the  same  or  readvertise  and  relet  the  same  as 
the  Department  of  Public  Works  and  Buildings  may  determine,  and 
shall  also  reserve  to  such  department  the  right  to  enter  upon  and  com- 
plete any  item  of  the  contract. 

§  16.  Wherever  in  the  construction,  maintenance,  use  and  opera- 
tion of  such  waterway  and  its  appurtenances,  any  existing  drainage  or 
sewer  systems  constructed  or  maintained  by  any  city  or  village,  are 
destroyed  or  materially  interfered  with,  the  Department  of  Public  Works 
and  Buildings  shall  alter,  rebuild  or  reconstruct  or  otherwise  provide  for 
so  much  or  such  parts  of  such  drainage  or  sewer  systems  so  as  to  restore 
the  same  to  as  good  efficiency  as  found  when  the  work  herein  provided 
for  is  commenced.  In  the  altering,  rebuilding  and  reconstructing  of 
such  drainage  and  sewer  systems,  streets,  avenues  and  alleys  shall  be 
replaced  and  restored  to  as  good  condition  as  they  were  when  such  work 
was  commenced,  such  alterations,  rebuilding  or  reconstruction  to  be 
done  and  completed  prior  to  the  completion  of  any  dam  or  other  work 
or  structure  causing  such  drainage  or  sewer  system  to  be  changed, 
damaged  or  interfered  with. 

§  17.  When  the  plans  and  specifications  for  the  construction  of 
such  waterway  and  its  appurtenances  shall  have  been  perfected,  such 
plans  and  specifications  shall  be  submitted  to  the  city  councils  and  village 
boards  of  the  respective  cities  and  villages  along  the  line  of  such  water- 
way before  any  Avork  of  construction  is  commenced.  Within  thirty  days 
of  the  filing  of  such  plans  and  specifications  with  the  respective  city  or 


WATERWAYS.  983 


village  clerks,  any  such  city  council  or  village  board  may  file  objections 
thereto,  in  writing,  with  the  Department  of  Public  Works  and  Buildings 
on  the  ground  that  such  plans  and  specifications  do  not 

(a)  provide  for  proper  and  adequate  protection  of  such  city  or 
village  against  damage  from  overflow  or  flood  waters;  or 

(b)  do  not  provide  adequately  for  the  altering,  rebuilding  or  re- 
constructing of  drainage  or  sewer  systems  or  other  public  works  or 
bridges  and  approaches,  which  will  be  destroyed  or  materially  interfered 
with  by  such  improvement;  or 

(c)  do  not  provide  for  the  proper  location  of  public  landing  places, 
in  case  the  Department  of  Public  Works  and  Buildings,  shall  in  its  dis- 
cretion, provide  for  a  public  landing  in  such  city  or  village. 

Upon  the  filing  of  such  objections  the  Department  of  Public  Works 
and  Buildings  shall  adjust  any  differences  that  may  exist.  It  shall,  if 
such  differences  cannot  be  adjusted  amicably  and  to  the  satisfaction  of 
all  parties,  review  and  check  such  plans  and  specifications  with  an 
engineer  selected  by  the  objecting  city  or  village,  but  compensated  by 
the  Department  of*  Public  Works  and  Buildings.  If  the  Department  of 
Public  Works  and  Buildings  and  the  engineer  of  the  objecting  city  or 
village  cannot  agree,  then  the  Department  of  Public  Works  and  Build- 
ings and  such  engineer  of  the  objecting  city  or  village  shall  agree  upon 
a  third  engineer,  who  shall  be  compensated  by  the  State,  and  such 
respective  engineers  shall  constitute  an.  arbitration  board  to  consider 
such  plans  and  specifications  and  the  objections  thereto.  In  case  the 
Department  of  Public  Works  and  Buildings  and  the  engineer  of  the 
objecting  city  or  village  cannot  agree  upon  a  third  engineer,  then  such 
third  engineer  shall  be  designated  and  appointed  by  the  resident  circuit 
judge,  if  there  be  one,  otherwise  by  the  presiding  judge  of  the  circuit 
court  of  the  county  within  which  such  objecting  city  or  village  is 
situated.  The  plans  and  specifications  as  approved  by  a  majority  of  such 
arbitration  board  shall  be  the  plans  and  specifications  in  accordance  with 
which  such  work  shall  be  constructed  as  it  affects  such  city  or  village. 
All  changes  and  alterations  in  plans  and  specifications  shall  follow  the 
same  course  of  procedure  as  the  original  plans.  If  no  objections  are 
filed  with  the  Department  of  Public  Works  and  Buildings  within  thirty 
days  after  the  filing  of  such  plans  and  specifications,  and  alterations 
therein  if  any,  with  the  city  and  village  clerks,  then  the  construction 
work  shall  be  prosecuted  in  accordance  with  the  plans  and  specifications, 
and  alterations  therein  if  any,  so  filed. 

The  compensation  of  the  engineer  employed  by  the  city  or  village 
and  that  of  the  engineer  on  the  arbitration  board  shall  be  fixed  by  the 
Department  of  Public  Works  and  Buildings  in  advance  of  employment. 

Each  city  to  which  plans  and  specifications  are  submitted,  as  afore- 
said, shall  at  all  times  have  the  right  to  inspect  and  examine  the  work 
in  such  city  in  order  to  ascertain  if  such  work  is  being  prosecuted  in 
accordance  with  the  plans  and  specifications. 

§  18.  In  the  construction  of  such  waterway  through  the  city  of 
Joliet  the  elevation  of  the  water  surface  at  normal  stage  shall  not  be 
higher  at  Granite  street  than  minus  forty  and  five  tenths   (40-5/10) 


984  WATERWAYS. 


Chicago  city  datum,  and  in  the  event  that  the  shoal  reach  between  the 
upper  basin  of  the  Illinois  and  Michigan  Canal  and  the  crossing  of  the 
Elgin,  Joliet  and  Eastern  Eailway  is  deepened  two  feet  or  more  than 
the  elevation  of  the  water  surface  at  normal  stage  shall  not  be  higher  at 
Granite  street  than  minus  forty-one  Chicago  city  datum,  and  the 
channel  through  said  city  shall  not  be  less  than  two  hundred  and  seventy 
feet  in  width  between  Spring  street  on  the  north  and  Lafayette  street  on 
the  south.  Any  dams  constructed  in  connection  with  and  for  the  main- 
tenance of  this  pool  of  water  shall  be  of  such  design  as  to  quickly  dispose 
of  all  flood  waters,  iidequate  intercepting  sewers  shall  be  constructed 
of  sufficient  size  and  at  such  depth  as  will  provide  outlets  not  only  for 
the  present  sewers  that  may  be  interfered  with  by  the  construction  of 
such  waterway,  but  also  of  sufficient  size  and  depth  to  take  care  of  all 
the  watershed  tributary  to  the  DesPlaines  Eiver  that  may  be  interfered 
with  by  changing  the  water  levels  through  the  city  of  Joliet.  The  De- 
partment of  Public  Works  and  Buildings  is  authorized  to  utilize  such 
riparian  rights  of  the  Sanitary  District  of  Chicago  in,  through  and  near 
the  city  of  Joliet  and  along  the  DesPlaines  Eiver  in  the  County  of  Will 
as,  in  its  judgment,  may  be  found  necessary  for  the  construction,  main- 
tenance and  operation  of  such  waterway,  or  for  the  development  of  water 
power  in  connection  therewith,  and  the  Department  of  Public  Works  and 
Buildings  shall  not  be  required  to  make  compensation  to  such  Sanitary 
District  for  the  right  so  utilized,  except  that  the  Department  of  Public 
Works  and  Buildings  shall  reimburse  such  Sanitary  District  for  any 
expense  to  which  it  may  be  put  as  a  result  of  such  act  of  the  Department 
of  Public  Works  and  Buildings  in  the  maintenance  and  operation  of  such 
Sanitary  District  channel.  The  Sanitary  District  of  Chicago  shall  not 
be  deprived  of  access  to  such  waterway  over  any  walls  or  embankments 
constructed,  or  of  the  enjoyment  of  dockage  rights  in  connection  with 
any  property  it  has  acquired  or  owns,  subject  only  to  the  use  of  such 
property  by  the  Department  of  Public  Works  and  Buildings  for  water- 
way and  power  purposes. 

§  19.  In  the  construction  of  the  waterway  through  the  city  of 
Ottawa  the  elevation  of  the  water  level  at  normal  stage  in  the  pool  at 
the  LaSalle  street  highway  bridge  across  the  Illinois  Eiver  at  Ottawa 
shall  not  exceed  the  elevation  of  minus  one  hundred  twenty  and  one-half 
feet  Chicago  city  datum.  Any  clams  constructed  in  connection  with  and 
for  the  maintenance  of  this  pool  of  water  shall  be  of  such  design  as  to 
quickly  dispose  of  all  flood  waters. 

In  the  reconstruction  of  outfall  sewers  in  the  City  of  Ottawa  they 
shall  be  of  adequate  size  and  laid  at  such  depth  as  shall  not  interfere 
with  the  working  efficiency  of  the  present  sewerage  system  and  shall  also 
be  of  such  size  and  depth  as  will  promptly  and  rapidly  permit  the 
discharge  of  any  additional  sewage  or  water  that  may  result  or  accrue 
by  reason  of  the  construction,  maintenance  or  operation  of  such  water- 
way. All  remedial  or  preventive  construction  shall  be  done  as  will 
prevent  any  and  all  damage  to  property  of  the  City  of  Ottawa,  its 
sewerage  system,  streets  and  alleys.  The  same  protective  construction 
herein  provided  for  the  City  of  Ottawa  shall  apply  to  all  other  cities 


WATERWAYS.  985 


and  villages  along  the  route  of  the  Illinois  Waterway  not  herein  other- 
wise specifically  provided  for. 

In  the  prosecution  of  the  work  west  of  the  City  of  Ottawa  the 
Department  of  Public  Works  and  Buildings  shall  protect,  restore  or 
rebuild  the  road  bed  of  the  Chicago,  Ottawa  and  Peoria  Railway  Com- 
pany. 

§  20.  If,  in  the  construction  of  "The  Illinois  Waterway"  present 
public  bridges  are  damaged  or  materially  impaired,  the  Department  of 
Public  Works  and  Buildings  shall  repair,  replace  or  reconstruct  such 
public  bridges  and  approaches.  The  cost  of  maintaining  the  roadway 
and  sidewalks  of  bridges  so  repaired,  replaced  or  reconstructed  shall  be 
borne  by  the  political  division  or  municipality  in  which  such  public 
bridges  are  situated  and  all  other  costs  of  maintenance  and  operation 
of  such  public  bridges  shall  be  borne  by  the  State.  All  bridges  along 
the  route  of  such  waterway  shall  be  controlled  by  the  Department  of 
Public  Works  and  Buildings  for  the  purposes  of  navigation. 

§  21.  Before  any  lease  of  surplus  waters  of  such  waterway  or  the 
power  developed  therefrom  shall  be  entered  into,  public  notice  shall  be 
given  of  the  time  and  place  at  which  proposals  will  be  received,  which 
notice  shall  be  previously  published  for  at  least  once  a  week  for  four 
.weeks  in  two  daily  newspapers  printed  in  the  City  of  Chicago,  in  two  of 
the  principal  engineering  and  contracting  journals  of  general  circulation 
in  the  United  States,  and  in  such  other  publications  as  the  Department 
of  Public  Works  and  Buildings  may  deem  proper.  The  lease,  if  a  satis- 
factory bid  is  received,  shall  be  awarded  to  the  highest  responsible 
bidder.  The  successful  bidder  shall,  before  entering  upon  the  perform- 
ance of  such  lease,  enter  into  a  bond  in  a  penal  sum  to  be  fixed  by  the 
Department  of  Public  Works  and  Buildings,  payable  to  the  People  of 
the  State  of  Illinois,  with  sureties  to  be  approved  by  such  Department, 
conditioned  to  comply  with  all  the  terms  of  such  lease  and  faithfully  to 
fulfill  any  such  contract.  No  contract  or  lease  shall  be  made  for  a  period 
exceeding  thirty  years.  Any  lease  of  undeveloped  power  shall  provide 
that  all  plans,  specifications  and  contracts  for  the-  construction  and  in- 
stallation of  plants  and  equipment  shall  first  be  submitted  to  and 
approved  by  the  Department  of  Public  Works  and  Buildings  and  such 
Department  shall  keep  an  accurate  account  of  the  actual  cost  of  such 
approved  construction  and  equipment  as  the  work  progresses.  Any  lease 
for  undeveloped  power  may  he  made  in  either  of  the  following  manners : 

(1)  The  contract  may  provide  that  the  lessee  shall  amortize  the 
cost  of  his  plant  and  equipment  during  the  term  of  the  lease  and  shall 
deliver  such  plant  and  equipment,  free  of  cost,  to  the  State  at  the 
termination  of  the  lease;  or 

(2)  The  contract  may  provide  that  the  plant  and  equipment  may 
remain  the  property  of  the  lessee  until  the  expiration  of  his  lease,  or  its 
termination  by  the  State.  Said  lease  shall  further  provide  that  the 
State  may  purchase  such  plant  and  equipment  at  cost,  less  depreciation, 
at  either  the  expiration  or  termination  of  the  lease. 

If  the  State  decides  under  the  second  provision  not  to  take  over  the 
plant  and  equipment  at  the  expiration  or  termination  of  such  lease,  a 


986  WATERWAYS. 


re-advertisement  for  bids  for  use  of  such  surplus  waters  shall  be  had  in 
the  same  manner  as  provided  for  in  the  original  letting.  In  the  event 
that  the  lessee  whose  lease  has  expired  or  terminated,  is  not  the  best 
bidder  or  an  equal  bidder,  such  lessee  shall  turn  over,  transfer  and  convey 
to  the  successful  bidder  such  plant  and  equipment  upon  payment  by  the 
successful  bidder  to  the  lessee  whose  lease  has  expired  or  terminated,  of 
the  cost,  less  depreciation,  of  such  plant  and  equipment. 

The  rental  specified  for  surplus  waters,  waterpower  or  for  electrical 
energy  shall  be  subject  to  re-valuation  each  ten  years  of  the  term 
created. 

In  determining  the  depreciation  on  plants  and  equipment  installed 
by  any  lessee  and  in  re-valuing  surplus  waters,  waterpower  or  electrical 
energy  at  each  ten  year  period,  the  Department  of  Public  Works  and 
Buildings  shall  appoint  one  appraiser  and  the  lessee  one  appraiser  and 
the  two  appraisers  thus  appointed  shall  agree  upon  a  third  appraiser. 
In  the  event  they  cannot  agree  upon  a  third  appraiser,  the  Chief  Justice 
of  the  Supreme  Court  of  Illinois  shall  appoint  a  third  appraiser.  The 
finding  of  such  appraisers  shall  be  binding  upon  the  State  and  the  lessee. 

The  Public  Utilities  Commission  shall  have  the  power  to  fix  the  rate 
which  shall  be  charged  by  the  lessee  or  his  assigns  for  any  electrical 
energy  developed  from  such  waterpower  in  the  event  of  a  lease  for  dis-. 
tribution  of  such  electrical  energy.  The  provisions  of  this  section  shall 
not  apply  to  sales  for  a  period  of  ten  years  or  less  when  such  sales  are 
made  direct  to  consumers  or  industries  of  any  waterpower  or  electrical 
energy  developed  by  the  State,  but  such  sales  for  a  period  of  ten  years 
or  less  when  made  direct  to  consumers  or  industries  may  be  made  by  the 
Department  of  Public  Works  and  Buildings  without  advertising. 

In  awarding  contracts  for  the  use  of  undeveloped  or  developed 
power,  all  other  things  being  equal,  preference  shall  be  given  to  munici- 
palities. 

§  22.  The  Department  of  Public  Works  and  Buildings  shall  main- 
tain such  waterway  and  shall  prescribe  reasonable  rules  and  regulations 
in  the  interest  of  navigation,  which  shall  be  observed  by  any  lessee  of 
water  power.  In  the  use  of  water  power  the  Department  of  Public 
Works  and  Buildings  shall  not  permit  nor  allow  the  stage  of  water  in 
the  pool  levels  to  be  lowered  nor  the  currents  elsewhere  to  be  increased 
to  an  extent  to  prevent,  impede  or  interfere  with  navigation. 

§  23.  The  State  shall  be  liable  for  all  damages  to  real  estate  or 
personal  property  within  or  without  the  radius  or  zone  of  the  "Illinois 
Waterway"  which  shall  be  overflowed  or  otherwise  damaged  by  reason 
of  the  construction,  maintenance  or  operation  of  the  "Illinois  Waterway" 
and  its  appurtenances.  It  shall  also  be  liable  for  all  damages  to  persons 
caused  by  the  construction,  maintenance  or  operation  of  the  "Illinois 
Waterway"  and  its  appurtenances,  such  damages  to  persons  who  are 
employees  to  be  ascertained,  determined  and  fixed  as  provided  in  this 
Act. 

§  24.  All  claims  for  damages  to  persons  (except  to  employees)  and 
all  claims  for  damages  to  property,  real  or  personal,  shall  be  ascertained, 
determined  and  fixed  by  the  Department  of  Public  Works  and  Buildings, 


WATERWAYS.  987 


and  paid  out  of  any  moneys  which  shall  from  time  to  time  be  provided 
for  the  payment  of  such  claims. 

In  case  the  claimant  and  the  Department  of  Public  Works  and 
Buildings  cannot  agree  on  the  amount  of  such  damages,  the  question 
shall  be  submitted  to  arbitration.  The  claimant  shall  select  one  arbi- 
trator and  the  Department  of  Public  Works  and  Buildings  shall  select 
another.  If  the  arbitrators  so  selected  cannot  agree,  then  the  two  arbi- 
trators shall  select  a  third  arbitrator.  In  case  the  two  arbitrators  cannot 
agree  upon  a  third  arbitrator,  then  the  resident  judge,  or  if  there  be 
none,  the  presiding  judge  of  the  Circuit  Court  of  the  county  wherein 
the  damage  arose  shall  select  such  third  arbitrator.  The  decision  of  a 
majority  of  such  arbitration  board  shall  be  binding  and  conclusive  upon 
the  State  and  the  claimant. 

The  compensation  of  the  arbitrators  shall  be  fixed  by  the  Depart- 
ment of  Public  Works  and  Buildings  in  advance  of  appointment  and 
such  compensation  shall  be  paid  by  the  State. 

All  claims  for  damages  to  persons  or  property  shall  be  filed  with 
the  Department  of  Public  Works  and  Buildings  within  five  years  after 
the  jury  complained  of. 

§  25.  In  case  the  Department  of  Public  Works  and  Buildings 
shall  construct  such  waterway  or  its  appurtenances,  or  any  part  or  parts 
thereof,  by  the  direct  employment  of  services,  labor,  materials  and  equip- 
ment, the  State  shall  be  liable  for  accidental  injuries  or  death  suffered 
by  any  employee  arising  out  of  and  in  the  course  of  his  employment,  the 
amount  of  such  liability  to  be  ascertained  by  reference  to  the  provisions 
of  the  Act  commonly  called  the  "Workmen's  Compensation  Act."  The 
Court  of  Claims  shall  have  and  exercise  jurisdiction  over  all  claims  for 
compensation  hereunder'  and  shall  make  and  file  its  finding  and  de- 
termination in  each  case. 

§  26.  The  police  rules  and  regulations  prescribed  by  the  Depart- 
ment of  Public  Works  and  Buildings  shall  be  posted  in  at  least  twenty- 
five  of  the  most  prominent  places  along  the  route  of  such  waterway  in 
each  county  through  which  such  waterway  passes.  Such  rules  and 
regulations  shall  also,  within  ten  days  after  they  are  promulgated,  be 
published  at  least  once  in  a  newspaper  in  each  city  or  village  situated 
along  the  route  of  such  waterway,  if  a  newspaper  is  published  in  such 
city  or  village.  No  rule  or  regulation  imposing  any  fine,  penalty  or 
forfeiture  shall  take  effect  until  ten  days  after  it  is  so  posted  and  pub- 
lished. The  certificate  of  the  publisher,  with  a  written  or  printed  copy 
of  such  rules  and  regulations  annexed,  stating  the  number  of  times  when 
the  same  shall  have  been  published  and  the  dates  of  the  first  and  last 
papers  containing  the  same,  shall  be  sufficient  evidence  of  the  publi- 
cation therein  set  forth.  Such  rules  may  be  proved  by  a  copy  thereof 
certified  by  the  Department  of  Public  Works  and  Buildings. 

§  27.  The  gross  or  total  proceeds,  receipts  and  income  arising 
from  the  operation,  management  and  maintenance  of  "The  Illinois 
Waterway"  and  its  appurtenances,  including  all  receipts  from  the  utili- 
zation or  lease  of  water  power,  shall  be  covered  into  a  special  fund  in  the 
treasury  which  shall  be  known  as  "The  Waterwav  Maintenance  Fund." 


988  WATERWAYS. 


§  28.  If  any  section,  subdivision,  sentence  or  clause  in  this  Act 
shall  be  held  to  be  invalid,  the  invalidity  thereof  shall  not  affect  the 
remaining  parts  of  this  Act. 

§  29.  The  following  Act  is  hereby  repealed:  An  Act  entitled, 
"An  Act  to  provide  for  the  construction  of  a  deep  waterway  or  canal 
to  be  known  as  the  Illinois  Waterway,  from  the  water  plant  of  the  Sani- 
tary District  of  Chicago  at  or  near  Lockport,  in  Will  County,  Illinois, 
to  a  point  in  the  Illinois  Eiver  at  or  near  Utica,  in  LaSalle  County, 
Illinois,  to  provide  for  the  issuance  of  bonds  to  pay  for  said  deep  water- 
way, to  provide  for  the  development  and  utilization  of  the  water  power 
that  may  be  generated  from  the  water  flowing  through  said  waterway, 
to  create  a  commission  to  be  known  as  the  Illinois  Waterway  Commis- 
sion, and  to  make  an  appropriation  to  carry  out  the  provisions  of  this 
Act,"  approved  June  18,  1915;  in  force  July  1,  1915. 

Approved  June  17,  1919. 


ILLINOIS    WATERWAY — ISSUANCE    OP    BONDS. 

§    1.     Execution   and   delivery   of   bonds.        §   5.     Taxes  in  payment  of — how  levied. 

§   2.     Bonds — denomination — rate   of   in-        §   G.     Establishes     "The     Waterway 
terest — when  due.  Fund." 

§    3.      Form   of   bond   and   coupon.  §    7.      Repeal. 

§   4.     To     be     executed      and      sold      as 
needed. 

(Senate   Bill   No.    290.     Approved   June. 17,    1919.) 

An  Act  authorizing  the  issuance  of  bonds  of  the  State  of  Illinois  for 
the  construction  of  ''The  Illinois  Waterivay/'  including  the  erection 
and  equipment  of  power  plants,  lochs,  bridges,  dams  and  appliances 
and  providing  for  the  payment  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  Governor  and  Secre- 
tary of  State  are  hereby  authorized  and  directed  to  have  prepared  and 
from  time  to  time  to  execute  and  deliver  to  the  State  Treasurer  bonds 
of  the  State  of  Illinois  to  the  amount  of  twenty  million  dollars 
($20,000,000.00)  for  the  purpose  of  constructing  a  deep  waterway 
from  the  present  water  power  plant  of  the  Sanitary  District  of  Chicago 
at  or  near  Lockport  in  the  county  of  Will,  to  a  point  in  the  Illinois  Eiver 
at  or  near  Utica,  including  the  erection  and  equipment  of  power  plants, 
locks,  bridges,  dams  and  appliances. 

§  2.  Said  bonds  shall  be  known  as  Illinois  Waterway  bonds,  shall 
be  of  the  denomination  of  one  thousand  dollars  ($1,000.00)  each,  num- 
bered from  1  to  20,000  both  inclusive,  be  dated  the  first  day  of  Janu- 
ary 1920,  and  bear  interest,  evidenced  by  coupons,  at  the  rate  of  four 
(4)  per  centum  per  annum,  pa}^able  semi-annually,  and  both  principal 
and  interest  shall  be  payable  at  the  office  of  the  State  Treasurer.  One 
million  dollars  ($1,000,000.00)  in  amount  of  said  bonds  shall  become 
due  on  the  first  day  of  January  in  each  of  the  years  1921  to  1940  both 
inclusive : 

§  3.  The  said  bonds  and  coupons  shall  be  in  substantially  the 
following  form  : 


WATERWAYS.  989 


United  States  of  America 

No State  of  Illinois  $1000. 

Illinois  Waterway  Bond 

Know  all  Men  by  These  Presents  that  the  State  of  Illinois 
acknowledges  to  owe  and  for  value  received  hereby  promises  to  pay  to 
bearer,  or  to  the  registered  owner,  if  registered,  the  sum  of  ONE 
THOUSAND  DOLLABS  ($1,000.)  on  the  first  day  of  January  19.  . .  ., 
with  interest  on  said  sum  from  the  date  hereof  at  the  rate  of  four  (4) 
per  centum  per  annum,  payable  semi-annually,  on  presentation  and 
surrender  of  the  annexed  interest  coupons  as  they  severally  become  due. 
Both  principal  and  interest  of  this  bond  are  hereby  made  payable  in 
gold  coin  of  the  United  States  of  America  of  the  present  standard  of 
weight  and  fineness,  at  the  office  of  the  Treasurer  of  the  State  of  Illinois 
in  the  City  of  Springfield,  Illinois;  and  for  the  prompt  payment  of 
this  bond  and  the  interest  thereon  the  full  faith,  credit  and  resources 
of  the  State  of  Illinois  are  hereby  irrevocably  pledged. 

This  bond  is  one  of  a  series  of  like  tenor,  except  maturity,  aggre- 
gating the  sum  of  twenty  million  dollars  ($20,000,000.00),  issued  for 
the  purpose  of  constructing  a  deep  waterway  from  the  present  water 
power  plant  of  the  Sanitary  District  of  Chicago  at  or  near  Lockport, 
in  the  township  of  Lockport,  in  the  county  of  Will,  to  a  point  in  the 
Illinois  Biver  at  or  near  Utica,  including  the  erection  and  equipment 
of  power  plants,  locks,  bridges,  dams  and  appliances,  under  the  author- 
ity of  an  Act  of  the  General  Assembly  of  the  State  of  Illinois  en- 
titled, "An  Act  authorizing  the  issuance  of  honds  of  the  State  of  Illi- 
nois for  the  construction  of  'The  Illinois  Waterway,'  including  the 
erection  and  equipment  of  power  plants,  locks,  bridges,  dams  and  ap- 
pliances and  providing  for  the  payment  thereof,"  approved  the 

day  of 1919. 

This  bond  is  subject  to  registration  in  the  office  of  the  State  x\udi- 
tor  as  evidenced  by  the  endorsement  upon  the  back  hereof,  and  after 
such  registration  the  principal  of  this  bond  is  payable  only  to  the 
registered  owner,  his  legal  representatives  or  assigns.  After  being 
registered  this  bond  may  again  be  made  payable  to  bearer  by  endorse- 
ment hereon,  and  this  bond  shall  continue  subject  to  registration  and 
to  payment  to  bearer  at  the  option  of  the  holder.  The  coupons  hereto 
attached  shall  be  and  continue  payable  to  bearer. 

In  Testimony  Whereof  the  General  Assembly  of  the  State  of 
Illinois  has  caused  this  bond  to  be  signed  by  the  Governor,  sealed  with 
the  Great  Seal,  and  attested  by  the  Secretary  of  State,  and  the  annexed 
interest  coupons  to  be  executed  with  the  facsimile  signature  of  the  Sec- 
retary of  State  this  first  day  of  January  A.  D.  1920.  • 


Governor 
Attest  : 


Secretary  of  State. 


990  WATERWAYS. 


Coupon 

On  the  first  day  of  January  19.  . .  .,  the  State  of  Illinois  promises 
July 
to  pay  to  bearer  twenty  dollars  ($20.00)  in  gold  coin  of  the  United 
States  of  America  at  the  office  of  the  State  Treasurer  in  the  City  of 
Springfield,  Illinois,  for  interest  due  that  day  on  its  Illinois  Waterway 
Bond  dated  January  1,  1920,  No 


Secretary  of  State. 

§  4.  Said  bonds  shall  be  signed  by  the  Governor  and  attested 
by  the  Secretary  of  State  with  the  Great  Seal  of  the  State  thereto  affixed, 
and  the  interest  coupons  attached  to  said  bonds  shall  be  executed  with 
the  facsimile  signature  of  said  Secretary  of  State.  Said  bonds  shall 
be  executed  from  time  to  time  in  such  amounts  os  are  needed  for  the 
purposes  of  this  Act,  and  shall  be  lodged  with  the  State  Treasurer  and 
when  sold  and  delivered  from  time  to  time  thereafter  shall,  at  all  times 
and  in  all  places,  be  taken  and  deemed  to  be  and  remain  the  valid  and 
binding  obligations  of  the  State  of  Illinois.  The  State  Treasurer  shall 
from  time  to  time  sell  parcels1  of  said  bonds  as  needed  to  provide  funds 
for  the  purposes  named  in  section  one  (1)  of  this  Act,  at  such  times 
and  in  such  amounts  as  shall  be  in  writing  requested  by  the  Department 
of  Public  Works  and  Buildings. 

§  5.  For  the  purpose  of  paying  the  principal  and  interest  of  said 
Illinois  Waterway  Bonds  the  State  Auditor  shall  annually  at  the.  time 
and  in  the  manner  that  other  State  taxes  are  levied  and  certified,  levy 
and  certify  sufficient  taxes  amply  to  provide  for  such  payment;  such 
taxes  to  be  levied,  collected  and  lodged  with  the  State  Treasurer  in  the 
same  manner  as  are  other  State  taxes. 

§  6.  The  proceeds  of  the  sale  of  bonds  shall  be  covered  into  the 
treasury  into  a  special  fund  to  be  known  as  "The  Waterway  Fund." 
The  money  in  the  treasury  in  the  present  waterway  fund  is  transferred 
to  "The  Waterway  Fund"  provided  for  in  this  Act. 

§  7.  All  previous  Acts  or  parts  of  Acts  authorizing  bonds  for  the 
Illinois  Waterway  are  hereby  repealed. 

Approved  June  17,  1919. 


POLLUTION    OF   STREAMS. 

§   1.     Amends    section    14,    Act    of    1911.  §   14.     Duty    of    Department    of 

Public  Works  and 
Building's  regarding 
pollution  of  streams, 
etc.  —  complaints  — 
hearing. 

(House  Bill  No.    468.     Approved  June   28,   1919.) 

An  Act  to  amend  section  fourteen  of  an  Act  entitled  "An  Act  creating 
a  rivers^  and  lales  commission  for  the  State  of  Illinois,  and  defining 
the  duties  and  powers  thereof/'  approved  June  10,  1911,  in  force  July 
1,  1911,  as  subsequently  amended. 

Section  1.     Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly:     That  section  fourteen  of  an  Act 


WILLS.  991 


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,  as  subsequently  amended,  be,  and  the 
same  is  hereby,  amended  to  read  as  follows : 

§  14.  It  shall  be  the  duty  of  said  Department  of  Public  Works 
and  Buildings,  to  see  that  all  the  streams  and  lakes  of  the  State  of 
Illinois,  wherein  the  State  of  Illinois  or  any  of  its  citizens  has  any  rights 
or  interests,  are  not  polluted  or  defiled.  It  shall  not  be  lawful  for  any 
person,  persons,  firm,  or  corporation  to  throw,  discharge,  dump,  or  de- 
posit, or  cause,  suffer,  or  procure  to  be  thrown,  discharged,  dumped,  or 
deposited,  any  acids,  industrial  wastes,  poisonous  effluent  or  dyestuff, 
clay  or  other  washings,  or  any  refuse  matter  of  any  kind  or  description 
containing  solids,  substance,  or  matter  discoloring  or  otherwise  pol- 
luting any  navigable  lake  or  river  of  this  State,  or  lake  or  river  con- 
nected with  or  the  waters  of  which  discharge  into  any  navigable  lake  or 
river  of  this  State ;  provided,  however,  that  this  shall  not  be  interpreted 
to  prevent  the  discharge  of  water  flowing  from  streets  and  sewers  or 
ordinary  household  sewage  passing  therefrom. 

Complaints  of  violations  of  the  provisions  of  this  section  shall  be 
made  to  the  Department  of  Public  Works  and  Buildings  of  the  State  of 
Illinois,  which  Department  is  hereby  authorized  to  make  investigations, 
and  hold  hearings,  if  necessary,  to  -determine  whether  or  not  the  com- 
plaint is  well  founded.  If  said  Department  shall  find  said  complaint  is 
well  founded,  it  may,  upon  due  and  reasonable  notice  to  the  persons  to 
be  affected  thereby  and  after  giving  to  such  persons  an  opportunity  to  be 
heard,  make  an  order  prescribing  sanitary  methods  for  neutralizing  said 
acids  and  other  poisonous  substances,  and  equipment  for  separating  said 
solids,  refuse,  and  wastes  from  the  liquid  discharges  into  any  of  the 
lakes  or  streams  hereinabove  defined,  and  prohibiting  discharges  into 
said  lakes  or  streams  until  the  terms  of  said  order  have  been  complied 
with. 

Approved  June  28,  1919. 


WILLS. 


CONTESTED. 

§    1.     Amends   section   7,   Act  of   1872.  §   7.     Contest — in  case   of  death 

of    person    interested. 

(House  Bill  No.   706.     Approved  June  28,   1919.) 

An  Act  to  amend  section  seven  (7)  of  an  Act  entitled,  "An  Act  in 
regard  to  wills,"  approved  March  20,  1872,  in  force  July  1,  1872,  as 
amended. 

Section,  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  seven  (7)  of  an 
Act  entitled,  "An  Act  in  regard  to  wills,"  approved  March  20,  1872,  in 
force  July  1,  1872,  as  amended,  be  and  the  same  is  hereby  amended  to 
read  as  follows: 


992  wills. 


§  7.  When  any  will,  testament  or  codicil  shall  be  exhibited  in  the 
County  Court  for  probate  thereof  as  aforesaid,  it  shall  be  the  duty  of 
the  court  to  receive  the  probate  of  the  same  without  delay,  and  to  grant 
letters  testamentary  thereon  to  the  person  or  persons  entitled,  and  to  do 
all  other  needful  acts  to  enable  the  parties  concerned  to  make  settlement 
of  the  estate  at  an  early  day  as  shall  be  consistent  with  the  rights  of  the 
respective  persons  interested  therein : 

Provided,  however,  that  if  any  person  interested  shall  within  one 
(1)  year  after  the  probate  of  any  such  will,  testament  or  codicil  in  the 
County  Court  as  aforesaid,  appear  and  by  his  or  her  bill  in  chancery 
contest  the  validity  of  the  same,  an  issue  at  law  shall  be  made  up 
whether  the  writing  produced  be^the  will  of  the  testator  or  testatrix  or 
not,  which  shall  be  tried  by  a  jury  in  the  Circuit  Court  of  the  county 
wherein  such  will,  testament  or  codicil  shall  have  been  proven  and 
recorded  as  aforesaid,  according  to  the  practice  in  courts  of  chancery  in 
similar  cases;  but  if  no  such  person  shall  appear  within  the  time  afore- 
said, the  probate,  subject  to  the  provisos  hereinafter  set  forth,  shall  be 
forever  binding  and  conclusive  on  all  parties  concerned,  saving  to  in- 
fants or  non  compos  mentis,  the  like  period  after  the  removal  of  their 
respective  disabilities. 

Provided  further  that  if  any  person  interested  in  any  such  will, 
testament  or  codicil,  within  the  meaning  of  this  Act,  shall  die  within 
one  year  after  the  probate  of  such  will,  testament  or  codicil,  then,  and 
in  such  case,  the  right  to  contest  such  will,  testament  or  codicil  and  the 
cause  of  action  thereof  shall  survive  and  descend  to  the  heir,  legatee, 
devisee,  executor,  administrator,  grantee  or  assignee  of  such  deceased 
interested  person. 

And  provided  further,  that  in  case  any  person  interested  in  any 
will,  testament  or  codicil  shall  begin  a  suit  to  contest  any  such  will, 
testament  or  codicil,  and  shall  die  before  the  final  determination  of  such 
suit  or  contest,  the  cause  of  action,  suit  or  contest  shall  not  on  that 
account  abate,  but  such  suit,  cause  of  action  or  contest  shall  survive  and 
descend  to  the  heir,  legatee,  devisee,  executor,  administrator,  grcntee  or 
assignee  of  such  deceased  interested  person;  and  the  death  of  such 
interested  person  may  be  suggested  on  the  record  and  such  heir,  legatee, 
devisee,  executor,  administrator,  grantee  or  assignee  of  such  deceased 
interested  person,  may  be  substituted  as  complainant,  plaintiff,  peti- 
tioner or  as  defendant  in  such  suit,  contest  or  action,  and  the  cause  of 
action,  suit  or  contest  proceed  as  though  such  substituted  parties  had 
been  originally  joined  as  complainants,  plaintiffs,  petitioners  or  defend- 
ants as  the  case  may  be.  And  in  all  such  trials  by  jury  as  aforesaid 
the  oath  of  the  subscribing  witnesses  taken,  reduced  to  writing  and  filed 
in  court  at  the  time  of  the  first  probate,  properlv  certified  to,  shall  be 
admitted  as  evidence  and  have  such  weight  as  the  jury  shall  think  it 
may  deserve. 

Approved  June  28,  1919. 


wills.  993 


PROBATE. 


§   1.     Adds    sections    10a    and    10b,    Act  §   10b.   Previous     recordations 

t»f    1872.  declared   valid. 

§   10a.  Recording    or    probate 
shall   be   notice. 

(House  Bill,  No.   544.     approved  June  28,   1919.) 

An  Act  to  amend  an  Act  entitled:  "An  Act  in  regard  to  wills,"  ap- 
proved March  20,  1872,  in  force  July  1,  1872,  as  amended,  by  adding 
thereto  two  sections  to  be  known  as  sections  10a  and  10b. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled:  "An  Act  in 
regard  to  wills/'  approved  March  20,  1872,  in  force  July  1,  1872,  as 
amended,  is  amended  by  adding  thereto  two  sections  to  be  known  as 
sections  10a  and  10b  to  read  as  follows: 

§  10a.  Whenever  any  will,  testament  or  codicil  which  has  been 
made,  executed  and  published  out  of  this  State  or  authenticated  copies 
thereof,  or  exemplifications  from  the  records  shall  have  been  recorded 
or  admitted  to  probate  in  any  county  of  this  State  in  which  the  testator 
may  have  been  seized  of  lands  or  other  real  estate  or  in  which  his  per- 
sonal estate  or  a  part  thereof  is  situated,  in  accordance  with  the  pro- 
visions of  section  9  or  10  of  this  Act,  such  recording  or  such  probate 
shall  be  notice  from  the  date  of  such  recording  or  such  admitting  to 
probate. 

§  10b.  In  all  cases  where  wills,  testaments,  codicils,  or  authenti- 
cated copies  thereof,  or  exemplifications  from  the  records  thereof,  proven 
according  to  the  laws  of  any  of  the  United  States,  or  the  territories 
thereof,  or  of  any  foreign  country,  and  touching  or  concerning  estates 
within  this  State  accompanied  with  a  certificate  of  the  proper  officer  or 
officers  that  said  will,  testament,  codicil  or  copy  thereof  was  duly  exe- 
cuted and  proven  agreeably  to  the  laws  and  usages  of  that  state,  terri- 
tory or  country  in  which  the  same  was  executed,  shall  have  been  filed 
for  record  before  the  taking  effect  of  this  Act,  in  the  office  of  the  recorder 
of  deeds  of  the  county  in  this  State  in  which  the  testator  shall  have 
been  seized  of  lands  or  other  real  estate,  or  in  which  his  personal  estate 
or  a  part  thereof  shall  lie,  such  recordations  shall  be  and  the  same  are 
hereby  declared  to  be  legal  and  valid  and  all  titles  passed  and  acquired 
under  the  terms  of  such  wills,  testaments  or  codicils  shall  be  and  are 
hereby  validated  and  given  the  same  force  and  effect  in  law  and  in 
equity  as  if  such  wills,  testaments  and  codicils  had  been  recorded  in 
accordance  with  the  provisions  of  this  Act,  in  the  office  of  the  county  or 
probate  clerk,  as  the  case  may  be  of  the  proper  county. 
Approved  June  28,  1919. 


-63  L 


994  .  wills. 


PROBATE. 


§   1.     Amends    section    1    and    adds   sec-  §   la.   Previous  service  de- 

tion  la,  Act  of   1897.  clared   valid. 

§  1.  Publication  to  be  made 
for  three  consecutive 
weeks. 

(Senate  Bill  No.  274.     Approved  June  16,  1919.) 

An  Act  to  amend  an  Act  entitled,  "An  Act  in  relation  to  the  probate 
of  wills/'  approved  June  3,  1891 ,  in  force  July  1,  1897 ,  as  amended, 
by  amending  section  1  thereof,  and  by  adding  a  section  to  be  known 
as  section  la. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  An  Act  entitled,  "An  Act  in 
relation  to  the  probate  of  wills/-'  approved  June  3,  1897,  in  force  July 
1,  1897,  as  amended,  is  amended,  by  amending  section  1  thereof,  and 
by  adding  a  section,  to  be  known  as  section  la,  to  read  as  follows : 

§  1.  That  before  any  will  shall  be  admitted  to  probate  the  per- 
son desiring  to  have  the  same  probated  shall  file  a  petition  in  the 
Probate  Court  of  the  proper  county  asking  that  said  will  be  admitted 
to  probate,  which  petition  shall  state  the  time  and  place  of  the  death 
of  the  testator  and  the  place  of  his  residence  at  the  time  of  his  death, 
also  the  names  of  all  the  heirs-at-law,  legatees  and  devisees  with  the 
place  of  residence  of  each,  when  known,  and  when  unknown  the  peti- 
tion shall  so  state,  and  the  said  petition  shall  be  verified  by  the  affidavit 
of  the  petitioner.  And  thereupon  the  clerk  of  said  County  Court  shall 
send  by  mail  to  each  of  said  parties  a  copy  of  said  petition,  within 
five  days  after  the  filing  thereof,  and  not  les^  than  twenty  days  prior 
to  the  hearing  on  said  petition.  And  in  case  the  post  office  address  of 
any  of  said  parties  is  not  shown  by  the  said  fc^ition,  then  publication 
shall  be  made  for  at  least  three  successive  w^ks  before  the  day  set 
for  the  hearing  in  a  newspaper  of  general  circulation  published  in  the 
county  where  said  will  is  to  be  offered  for  probate,  which  publication 
notice  shall  contain  the  name  of  the  testator,  the  heirs-at-law,  legatees 
and  devisees,  when  known,  the  time  and  place  where  said  will  is  to  be 
offered  for  probate :  Provided,  that  in  case  such  a  petition  is  not  filed 
and  a  will  has  been  deposited  in  said  County  Court  for  the  space  of 
10  days,  then  it  shall  be  the  duty  of  the  County  Court  to  proceed  to 
probate  said  will  without  petition  being  filed,  but  only  after  having 
caused  publication  and  notice  of  the  intention  to  probate  said  will  to 
be  given  to  the  parties  in  interest  as  to  the  court  may  seem  proper: 
And,  provided,  further,  that  if,  on  the  presentation  of  such  petition, 
all  of  the  heirs  and  legatees  of  such  testator  shall  personally  appear 
in  court  or,  in  case  they  are  of  legal  age  and  under  no  disability,  shall 
file  in  writing  their  appearance  and  waiver  of  notice,  then,  such  will 
may  be  admitted  to  probate  without  notice.  If  any  heir,  legatee  or 
devisee  shall  be  a  minor  the  petition  shall  set  forth  the  fact  of  such 
minority  and  a  guardian  ad  litem  shall  be  appointed  by  the  court  for 
such  minor.  In  event  there  are  unknown  heirs,  devisees  and  legatees 
and  it  shall  appear  after  the  probate  of  a  will  that  any  of  said  unknown 
heirs,  devisees  and  legatees  was  a  minor  at  the  time  such  will  was  ad- 


wills.  995 


mitted  to  probate,  then  the  fact  that  no  guardian  ad  litem  for  such 
minor  was  appointed  shall  not  invalidate  the  probate  of  such  will. 

§  la.  All  probate  of  wills  declared  before  the  taking  effect  of  this 
Act,  in  which  service  was  had  upon  any  of  the  parties  by  one  publica- 
tion at  least  three  weeks  before  the  day  set  for  the  hearing  in  a  news- 
paper of  general  circulation,  published  in  the  county  where  the  will 
was  offered  for  probate,  are  legalized  and  declared  valid  to  the  same 
extent  and  purpose  as  if  the  publication  had  been  for  three  successive 
weeks. 

Approved  June  16,  1919. 


996  JOINT   RESOLUTIONS. 


JOINT   RESOLUTIONS. 


Adjournment — January  15  to  January  28. 
(Senate  Joint  Resolution  No.  5.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  when  the  two  Houses  adjourn  on  Wednesday,  January  15th,  1919,  that 
they  stand  adjourned  until  Tuesday,  January  28,  1919,  at  10:00  o'clock  a.  m. 
Adopted  by  the  Senate,  January  15,  1919. 
Concurred  in  by  the  House  of  Representatives,  January  15,  1919. 


Adjournment — January  30  to  February  4. 
(Senate  Joint  Resolution  No.  8.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  when  the  two  Houses  adjourn  on  Thursday,   January   30,  1919,  that 
they  stand  adjourned  until  Tuesday,  February  4,  1919,  at  ten  o'clock  a.  m. 
Adopted  by  the  Senate  January  30,  1919. 
Concurred  in  by  the  House  of  Representatives,  January  30,  1919. 


Adjournment — February  13   to  February  18. 
(Senate  Joint  Resolution  No.  16.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  when  the  two  Houses  adjourn  on  Thursday,  February  13,  1919,  they 
stand  adjourned  untn  Tuesday,  February  18,  1919,  at  ten  o'clock  a.  m. 
Adopted  by  the  Senate,  February  13,  1919. 
Concurred  in  by  the  House  of  Representatives,  February  13,  1919. 


Adjournment — February  20  to  February  26. 
(Senate  Joint  Resolution  No.  19.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  when  the  two  Houses  adjourn  on  Thursday,  February  20,  1919,  they 
stand  adjourned  until  Wednesday,  February  26th,  at  10  o'clock  a.  rn. 
Adopted  by  the  Senate,  February  20th,  1919. 
Concurred  in  by  the  House  of  Representatives  February  20th,  1919. 


Adjournment — February  27  to  March  4. 
(Senate  Joint  Resolution  No.  20.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  when  the  two  Houses  adjourn  on  Thursday,  February  27th,  .1919,  that 
they  stand  adjourned  until  Tuesday,  March  4,  1919,  at  10  o'clock  a.  m. 
Adopted  by  the  Senate  February,  27th,  1919. 
Concurred  in  by  the  House  of  Representatives  February,  27th,  1919. 


Adjournment — March  6  to  March  11. 
(Senate  Joint  Resolution  No.  21.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  when  the  two  Houses  adjourn  on  Thursday  March  6,  1919,  that  they 
stand  adjourned  until  Tuesday,  March  11,  1919,  at  10  o'clock  a.  m. 
Adopted  by  the  Senate  March  6,  1919. 
Concurred  in  by  the  House  of  Representatives,  March  6,  1919. 


JOINT   RESOLUTIONS.  997 


Adjournment — March  20  to  March  25. 
(House  Joint  Resolution  No.  13.) 
Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  when  the  two  Houses  adjourn  on  Thursday,  March  20th,  they  stand  ad- 
journed until  Tuesday,  March  25,  1919,  at  10:00  o'clock  a.  m. 
Adopted  by  the  House,  March  20,  1919. 
Concurred  in  by  the  Senate,  March  20,   1919. 


Adjournment — March  27  to  April  2. 
(Senate  Joint  Resolution  No.  24.) 

Whereas,  Tuesday,  April  1st,  19i9,  is  the  day  for  the  election  of  town- 
ship officers  throughout  the  State  and  also  a  great  many  cities  hold  their 
municipal  elections  on  that  day,  therefore  be  it 

Resolved,  by  the  Senate  the  House  of  Representatives  concurring  therein 
That  when  the  two  Houses  adjourn  on  Thursday,  March  27,  1919,  that  they 
stand  adjourned  until  Wednesday,  April  2nd,  1919,  at  10  o'clock  a.  m. 

Adopted  by  the  Senate  March  26,  1919. 

Concurred  in  by  the  House  of  Representatives,  March  26,  1919. 


Adjournment1 — April  3  to  April  8. 
(House  Joint  Resolution  No.  15.) 
Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  when  the  two  Houses  adjourn  on  Thursday  April  3,  they  stand  ad- 
journed until  Tuesday  April  8,  1919,  at  10:00  o'clock  a.  m. 
adopted  by  the  House,  April  3,  1919. 
Concurred  in  by  the  Senate,  April  3,  1919. 


Adjournment — April  10  to  April  16. 
(House  Joint  Resolution  No.  19.) 

Whereas,  Tuesday,  April  15,  1919,  is  the  day  for  the  election  of  all 
city  officers,  in  cities  organized  under  the  general  law,  throughout  the 
State  of  Illinois;    therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  when  the  two  Houses  adjourn  on  Thursday,  April  10th,  they  stand 
adjourned  until  Wednesday,  April  16,  1919,  at  10:00  o'clock  a.  m. 

Adopted  by  the  House,  April  10,  1919. 

Concurred  in  by  the  Senate,  April  10,  1919. 


Adjournments — April  17  to  April  22. 
(House  Joint  Resolution  No.  21.) 
Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  when  the  two  Houses  adjourn  on  Thursday,  April  17th,  they  stand  ad- 
journed until  Tuesday  April  22,  1919,  at  10:00  o'clock  a.  m. 
Adopted  by  the  House,  April  17,  1919. 
Concurred  in  by  the  Senate,  April  17,  1919. 


Adjournment — May  29  to  June  3. 
(Senate  Joint  Resolution  No.  33.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  when  the  two  Houses  adjourn  on  Thursday,  May  29,  1919,  they  stand 
adjourned  until  Tuesday,  June  3,  1919,  at  9:30  o'clock  a.  m. 
Adopted  by  the  Senate  May  28,  1919. 
Concurred  in  by  the  House  of  Representatives  May  29,  1919. 


998  JOINT   RESOLUTIONS. 


Adjournment — Sine  Die. 
(House  Joint  Resolution  No.  33.) 

Resolved,  By  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  when  the  two  Houses  adjourn  on  Friday,  June  20,  1919,  a  recess  be 
taken  until  four  o'clock  p.  m.  June  30,  1919,  for  the  purpose  of  consider- 
ing only  messages  from  the  Governor  on  bills  passed  by  the  General  Assembly, 
and  that  when  the  General  Assembly  adjourns  on  the  thirtieth  that  it  stand 
adjourned  sine  die.    And  be  it  further 

Resolved,  That  when  the  two  Houses  adjourn  on  June  20,  1919,  all  bills 
on  the  Calendar  of  either  House  and  in  committees  lie  on  the  table. 

Adopted  by  the  House,  June  20,  1919. 

Concurred  in  by  the  Senate,  June  20,  1919. 


Building  Material — Investigation  of  Cost. 
(Senate  Joint  Resolution  No.   17.) 

Whereas,  The  opinion  prevails  that  the  prices  of  building  materials  are 
unnecessarily  high,  thus  retarding  both  public  and  private  works,  especially 
as  to  the  following  items:  Paints,  oils,  plumbing,  materials,  lime,  cement, 
gypsum,  brick,  crushed  rock,  sand,  gravel,  ground  pitch  and  asphalt,  steel, 
iron,  and  all  material  used  in  building  construction,  and  the  construction 
of  public  roads,  public  works  and  public  buildings;    and 

Whereas,  It  is  charged  that  uniform  prices  are  charged  by  dealers  in 
many  such  materials,  and  that  illegal  conspiraces,  combinations  and  trusts 
in  restraint  of  trade  exist,  having  for  their  purpose  extortion  both  of  public 
and  private  enterprises,  and 

Whereas,  Such  combinations,  if  existant  at  this  period  of  reconstruction 
and  readjustment,  are  inimical  to  the  public  welfare,  retard  public  and 
private  projects  and  threaten  the  well  being,  stability,  and  good  order  of 
society,  by  conscienceless  disregard  of  the  rights  of  the  people:  Now,  there- 
fore, be  it 

Resolved,  by  the  Senate  of  Illinois,  the  House  of  Representatives  con- 
curring therein,  That  a  joint  committee  of  ten  (10)  shall  be-  appointed,  five 
(5)  members  thereof  to  be  appointed  by  the  Speaker  of  the  House  of  Repre- 
sentatives, and  five  (5)  members  thereof  to  be  appointed  by  the  President 
of  the  Senate,  upon  recommendation  of  the  Executive  Committee,  to 
make  a  careful  examination  of  the  conditions  appertaining  to  the  prices  of 
the  commodities  heretofore  referred  to;  to  ascertain  whether  a  combination 
or  combinations  exist  in  any  of  said  lines  of  business  for  the  illegal  purpose 
of  determining  and  establishing  the  prices  of  such  commodities,  to  ascer- 
tain the  cost  of  production  of  said  articles  and  the  elements  entering  into 
the  same,  the  profits  derived  by  such  dealers,  whether  such  dealers  are 
engaged  in  "profiteering;"  to  investigate  such  cost  of  production  and  market 
price  of  such  commodities  at  this  time,  during  the  period  of  the  war  with 
the  Central  Powers  of  Europe,  and  for  two  years  prior  thereto;  to  investigate 
the  compensation  to  labor  in  the  production  of  such  material  during  said 
periods,  not  with  the  view  of  diminishing  wages,  but  merely  for  the  purpose 
of  ascertaining  whether  prices  of  such  -materials  are  disproportionate  to  the 
profits  derived  therefrom,  to  ascertain  the  dividends  paid  by  corporations 
in  said  periods,  and  the  profits  derived  by  persons,  firms,  copartnerships,  or 
any  character  of  business  associations,  engaged  in  said  business  during  said 
years;  also  to  ascertain  the  charges  for  freight  during  such  periods;  also 
to  inquire  into  the  practicability,  feasibility  and  desirability  of  the  State 
of  Illinois  engaging  in  the  business  of  preparing  and  manufacturing  materials 
for  State  and  public  road  building  purposes.  Said  committee  shall  report 
their  conclusions,  findings  and  recommendations,  as  expeditiously  as  may  be, 
to  the  present  General  Assembly;  said  committee  shall  recommend  proposed 
legislation  as  may  be  deemed  necessary  arising  out  of  the  subject  matter  of 
this  inquiry,  and  to  make  recommendations  to  the  Governor  of  the  State  and 
the  Department  of  Public  Buildings  and  Works,  if  they  deem  such  recom- 
mendations necessary  and  advisable. 


JOINT   RESOLUTIONS.  999 


For  the  purpose  of  conducting  such  investigations,  said  committee  is 
hereby  authorized  and  empowered  to  subpoena  witnesses  under  the  signa- 
ture of  the  chairman,  place  under  oath  and  examine  such  witnesses,  and  to 
issue  subpoena,  duces  tecum  for  witness  or  witnesses  and  for  such  books, 
documents,  papers,  memoranda,  or  things  as  such  committee  shall  deem 
necessary  for  its  information  in  carrying  out  the  objects  and  purposes  of  this 
resolution. 

Said  committee  is  authorized  to  require  any  person  or  persons  to  cause 
to  be  submitted  to  said  committee  or  any  person  duly  authorized  to  act  for 
it,  for  inspection  and  examination  any  books,  papers,  documents  or  letters 
of  any  character,  kind   or  description. 

Such  committee  is  authorized  to  employ  such  assistance  as  it  may  re- 
quire, including  the  employment  of  a  clerical  expert,  statistical,  technical, 
legal  and  accounting  natures.  The  said  committee  and  the  members  thereof 
shall  be  entitled  to  its  and  their  actual  expenses  incurred  in  the  performance 
of  the  duties  enjoined  by  this"  resolution. 

Resolved,  further,  That  the  General  Assembly  proceed  to  make  an  appro- 
priation for  the  necessary  expenses  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  resolution,  and  that  all  vouchers  for  expenses  of  said  com- 
mittee and  its  members  shall  be  approved  by  the  chairman  of  the  committee, 
the  Speaker  of  the  House  of  Representatives,  and  the  President  of  the 
Senate. 

Adopted  by  the  Senate,  February  19,  1919. 

Concurred  in  by  the  House  of  Representatives,  February  27,  1919. 


Canvass  Election  Returns — Joint  Assembly. 

(Senate  Joint  Resolution  No.  2.) 

Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 

That  when  the  two  Houses  meet  today  at  4:00  o'clock  p.  m.  that  they  shall 

proceed  to  convass  the  returns  of  votes  cast  for  State  officers  at  the  election 

held  in  November,  1918. 

Adopted  by  the  Senate  January  8,   1919. 

Concurred  in  by  the  House  of  Representatives,  January  8,  lyi9. 


Conservation  of  Wild  Game. 
(Senate  Joint  Resolution  No.  23.) 

Whereas,  The  General  Assembly,  section  11  of  an  Act  for  the  conser- 
vation of  game,  wild  fowl,  birds  and  fish,  has  provided  as  follows: 

"The  ownership  of  and  title  to  all  wild  game  and  birds  in  the  State  of 
Illinois  is  hereby  declared  to  be  in  the  State,  and  no  wild  game  or  birds 
shall  be  taken  or  killed  in  any  manner  or  at  any  time  except  the  person 
so  taking  or  killing  shall  consent  that  the  title  to  said  game  shall  remain  in 
the  State  of  Illinois  for  the  purpose  of  regulating  the  use  and  disposition  of 
the  same  after  such  taking  or  killing.  The  taking  or  killing  of  wild  game 
or  birds  at  any  time  in  any  manner  or  by  any  person  shall  be  deemed  a 
consent  of  said  person  that  the  title  to  such  game  shall  be  and  remain  in 
the  State,  for  said  purpose  of  regulating  the  use  and  disposition  of  the 
same,"  and  has  provided  regulations  authorizing  the  hunting  of  game  and 
birds  at  certain  seasons  upon  the  payment  of  a  license  fee  to  the  State;  and 

Whereas,  The  shooting  of  ducks  and  geese  is  the  chief  recreation  and 
sport  of  many  thousands  of  outdoor  enthusiasts  who  either  secure  hunting 
licenses  or  are  exempt  from  its  provisions;   and 

Whereas,  The  progressive  measures  for  the  protection,  conservation  and 
propagation  of  game,  birds  and  fish  enacted  by  the  General  Assembly  of 
Illinois  with  the  earnest  and  energetic  assistance  of  the  sportsmen  of 
Illinois,  rebuts  and  charge  "enemies  of  wild  life"  employed  by  certain 
Eastern  organizations  because  of  the  natural  resentment  felt  by  citizens  of 
Illinois  at  the  unjust  discriminatory  features  of  the  Federal  regulations  for 
the  shooting  of  wild  ducks  and  geese  as  applied  to  this  State;  and 


1000  JOINT   RESOLUTIONS. 


Whereas,  The  Secretary  of  Agriculture,  under  authority  of  an  Act  of 
Congress  enacted  in  1913,  prescribed  regulations  fixing  an  open  season  for 
wild  ducks  and  geese  which  operated  to  restrict  very  largely  the  hunting 
of  such  fowl  to  territory  contiguous  to  large  rivers  and  lakes,  most  of  which 
property  is  in  private  hands  and  not  open  to  the  public,  and  to  fix  an  open 
season  which,  in  the  Southern  states,  came  at  a  time  when  ducks  and  geese 
were  plentiful,  thereby  discriminating  greatly  against  farmer  boys  and 
hunters  in  the  valley  of  the  small  inland  rivers  and  creeks  and  the  sports- 
men of  Illinois  and  of  the  Middle  West  states;  and 

Whereas,  Protests  against  the  unfair  features  of  these  regulations  were 
made  to  the  Secretary  of  Agriculture  and  the  State  law  providing  an  open 
season  was  amended  in  1915,  to  provide  for  two  short  seasons  from  Septem- 
ber 1  to  December  15,  and  February  15  to  March  31,  in  the  hope  of  securing 
modification  of  the  Federal  provisions,  but  to  no  avail,  although  the  Bureau 
of  Biological  Survey,  the  department  charged  with  the  enforcement  of  the 
regulations  of  the  Secretary  of  Agriculture,  "recognized  the  force  of  these 
protests  and  admitted  that  fall  shooting  (which  Federal  regulation  neces- 
sitates) in  this  locality  is  very  poor. 

Whereas,  Congress  enacted  in  1918,  the  Migratory  Bird  Treaty  Act 
vesting  authority  in  the  Secretary  of  Agriculture  to  determine  when,  to 
what  extent,  if  at  all,  and  by  what  means  to  allow  hunting  of  migratory 
birds  and  under  this  power  an  open  season  has  been  provided  from  Septem- 
ber 16  to  December  31,  for  the  shooting  of  ducks  and  geese  in  Illinois  and 
is  subject  to  the  same  exception  and  the  same  criticism  as  the  prior  regu- 
lations; now,  therefore,  be  it 

Resolved,  by  the  Senate  of  the  Fifty-first  General  Assembly  of  the  State 
of  Ilinois,  the  House  of  Representatives  concurring  therein,  That  a  joint 
committee  composed  of  six  members,  three  from  the  Senate  and  three  from 
the  House  of  Representatives,  be  appointed  by  the  Senate  and  Speaker  of  the 
House  of  Representativs,  respectively,  to  secure  a  modification  of  the 
Federal  regulation  so  as  to  provide  a  late  winter  open  season  from  February 
15  to  March  31,  or  as  near  as  may  be,  for  the  shooting  of  wild  ducks  and 
geese;    and  be  it  further 

Resolved,  That  a  copy  of  this  resolution  be  sent  to  the  Secretary  of 
Agriculture,  and  to  the  chief  of  the  Bureau  of  Biological  Survey  at  Wash- 
ington, the  Director  of  Agriculture  and  Chief  Game  and  Fish  Warden  in 
Springfield,  Illinois,  and  to  the  members  of  Congress  from  Illinois,  both  in 
the  Senate  and  in  the  House  of  Representatives;  and  be  it  further 

Resolved,  That  our  members  of  Congress  be  requested  to  lend  their  aid 
and  co-operation  to  this  committee  by  their  personal  efforts  directed  toward 
securing  a  modification  as  suggested  of  the  regulation  issued  by  the  Sec- 
retary of  Agriculture. 

Adopted  by  the  Senate  April  22,  1919. 

Concurred  in  by  the  House  of  Representatives  June  5,  1919. 


Consideration  of  Revenue  and  Tax  Levy  Matters. 
(House  Joint  Resolution  No.  23.) 

Whereas,  Many  bills  relating  to  revenue  and  tax  levy  matters  are  now 
pending  before  this  General  Assembly;  and 

Whereas,  The  formation  of  an  effective  and  comprehensive  legislative 
policy  with  reference  to  these  bills  requires  that  revenue  and  tax  levy  mat- 
ters be  considered  as  a  single  problem  and  that  these  bills  be  considered  in 
the  light  of  their  relationships  to  each  other;   now,  therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  members  of  the  Fifty-first  General  Assembly  meet  in  joint  session 
in  the  Hall  of  the  House  of  Representatives  on  Tuesday,  the  twenty-ninth 
day  of  April,  nineteen  hundred  and  nineteen,  and  on  Wednesday,  the 
thirtieth  day  of  April,  nineteen  hundred  and  nineteen,  at  the  hour  of  ten 


JOINT   RESOLUTIONS.  1001 


o'clock  a.  m.  on  both  days  for  the  purpose  of  considering  all  revenue  and  tax 
levy  matters  now  pending  before  this  General  Assembly. 

Adopted  by  the  House,  April   23,   1919. 

Concurred  in  by  the  Senate,  April  24,  1919. 


Cook  County  Press  Club. 
(House  Joint  Resolution  No.  8.) 

Whereas,  The  Cook  County  Press  Club,  a  body  corporate  of  newspaper 
men  of  the  State  of  Illinois,  has  offered  to  donate  to  the  State  of  Illinois, 
bronze  memorials  of  commissioned  officers  from  the  State  of  Illinois,  who 
lost  their  lives  while  in  the  military  service  during  the  War  for  Liberty, 
1914  to  1919,  said  collection  to  be  presented  without  expense  to  the  State 
of  Illinois;  therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  therein. 
That  we  hereby  accept  the  generous  gift,  and  that  the  collection  be  placed 
in  Memorial  Hall  in  the  State  House  and  that  all  State  officials  of  Illinois 
are  hereby  respectfully  requested  to  permit  the  Cook  County  Press  Club 
to  consult  all  data  and  records  pertaining  to  the  personnel  of  Illinois 
people  who  were  in  the  military  service  during  the  Liberty  War  from  1914 
to  1919  and  that  the  collection  of  memorials  is  hereby  named  "The  Illinois 
Military  Gallery  of  Honor,"  and  that  we  hereby  extend  to  the  Cook  County 
Press  Club  our  thanks  for  the  generous  offer. 

Adopted  by  the  House  March  12,  1919. 

Concurred  in  by  the  Senate  March  18,  1919. 


Daylight  Savings  Law — Repeal  Urged. 
(House  Joint  Resolution  No.  18.) 

Whereas,  Under  a  law  adopted  by  Congress  and  under  the  stress  of 
being  a  war  measure,  all  our  business  and  social  affairs  are  regulated  by 
what  is  known  as  new  time;   and 

Whereas,  Such  so-called  new  time  is  a  great  handicap  upon  the  agri- 
cultural population  of  our  State  and  the  regulating  of  working  hours  on 
farms  by  this  so-called  new  time  results  in  great  loss  to  the  farmer,  dis- 
organizes his  business  and  reduces  his  efficiency  and  capacity  to  produce 
food  products;  and 

Whereas,  The  operation  of  such  so-called  new  time  brings  a  direct 
conflict  between  the  farmers'  business  and  social  environments;  and 

Whereas,  The  so-called  new  time  is  a  great  burden  and  loss  to  the 
merchants  in  the  smaller  towns  and  community  centers;   and- 

Whereas,  This  so-called  new  time  has  proven  a  serious  handicap  to  the 
church  and  greatly  lessens  attendance  upon  church  services  upon  the 
Sabbath  Day  in  the  smaller  towns  and  community  centers;   therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein. 
That  the  two  United  States  Senators  and  each  member  of  the  House  of 
Representatives  from  Illinois  in  the  United  States  Congress,  be  and  they 
are  hereby  requested  to  earnestly  endeavor  to  bring  about  at  the  earliest 
possible  date  the  repeal  of  what  is  known  as  the  new  time  or*  Daylight 
Saving  Law  and  a  return  to  the  long  established  and  universally  accepted 
standard  time;   and  be  it  further 

Resolved,  That  a  copy  of  this  resolution  be  sent  to  the  two  United  States 
Senators  and  each  member  of  the  House  of  Representatives  in  Congress 
from   Illinois. 

Adopted  by  the  House,  April  16,  1919. 

Concurred  in  by  the  Senate,  May  23,  1919. 


1002  JOINT   RESOLUTIONS. 


Death  of  Frank  B.  Armstrong. 
(Senate  Joint  Resolution  No.  42.) 

Whereas:  Late  Thursday  afternoon,  June  19,  1919,  while  in  active  dis- 
charge of  intensive  journalistic  duties  incident  to  the  closing  hours  of  the 
Fifty-first  General  Assembly,  Frank  E.  Armstrong,  for  many  years  the 
Legislative  Correspondent  and  Political  Editor  of  the  Chicago  Daily  News, 
was  suddenly  stricken  and  expired  upon  the  public  street  in  the  city  of 
Springfield;    and 

Whereas:  This  tragic  event  has  brought  profound  sorrow  and  grief  to 
hundreds  of  officials,  public  men  and  citizens  generally,  who  were  privileged 
to  meet  him  frequently  and  claim  him  as  a  personal  friend;  and 

Whereas:  Frank  E.  Armstrong  was  pre-eminent  because  of  his  grasp 
of  public  affairs  and  legislative  and  civic  needs  and  his  familiarity  with 
officials  in  State,  county  and  city  administrations  and  exerted  an  unusually 
wholesome  influence  through  the  columns  of  his  paper  in  aiding  the  public 
in  exercising  discrimination  and  judgment  in  electing  men  of  character  and 
ability  to  public  office;   and 

Whereas:  By  reason  of  his  keenness  and  marked  intellectual  attain- 
ments, coupled  with  an  unusual  appreciation  of  the  value  of  efficient  and 
honest  administration  in  State  and  civic  affairs  he  appreciated  the  need  of 
greater  and  widening  scope  in  social  and  industrial  welfare  legislation  and 
an  increasing  non-partisan  activity  by  Illinois  citizens  in  all  civic  matters,  and 
encouraged  the  enactment  of  legislation  promotive  thereof;  he  was  in- 
creasingly effective  and 

Whereas:  Mr.  Armstrong  was  a  man  of  clean  personal  life,  kind  and 
courteous  to  all,  tender  and  devoted  to  his  family,  quick  to  give  wide  credit 
and  encouragement  to  any  and  all  who  rendered  true  public  service  as  the 
members  of  this  Assembly  can  personally  bear  witness  to,  and  at  all  times 
exemplified  the  value  and  influence  of  wholesome  Christian  living,  and 
properly  directed  industry  and  endeavor;    now  therefore,  be  it 

Resolved,  oy  the  Senate,  the  House  of  Representatives  concurring 
herein,  That  we  express  our  admiration  for  Mr.  Armstrong's  achievements 
in  life,  his  high  character  and  attainments,  our  personal  respect,  esteem 
and  friendship  for  him,  as  well  as  our  sympathy  for  his  newspaper  asso- 
ciates and  superiors,  and  for  his  widow  and  children,  to  whom  his  loss 
brings  the  profoundest  grief;  and,  be  it  further 

Resolved,  That  this  preamble  and  resolution  be  spread  on  the  Journals 
of  the  Senate  and  House  of  Representatives;  that  a  suitably  engrossed  copy 
thereof  be  sent  to  the  family;  that  a  committee  be  appointed  by  the  Presi- 
dent of  the  Senate  and  the  Speaker  of  the  House  of  Representatives  to 
attend  the  funeral;  and  that  as  a  further  mark  of  respect,  the  Senate  and 
House  of  Representatives  do  now  take  a  recess. 

Adopted  by  the  Senate  June  20,  1919. 

Concurred  in  by  the  House  of  Representatives,  June  20,  1919. 


Death  of  Hon.  Thomas  E.  Mereitt. 
(House  Joint  Resolution  No.  6.) 

Whereas,  We  have  learned  with  deep  regret  of  the  death  of  the  Hon. 
Thomas  E.  Merritt  on  the  25th  day  of  December,  1918,  at  Salem,  Marion 
County,   Illinois;    and 

Whereas,  The  deceased  was  a  member  of  the  House  of  Representatives 
for  twelve  years  and  a  member  of  the  State  Senate  for  eight  years,  and  dur- 
ing his  term  of  service  in  the  General  Assembly  he  was  a  forceful  leader 
of  his  party  and  sponsored  much  of  the  epoch  making  legislation  of  the  time; 
and 

Whereas,  The  deceased  was  a  prominent  figure  in  the  public  affairs  of 
the  State,  having,  while  a  member  of  the  General  Assembly,  placed  in  nom- 
ination for  United  States  Senator  from  Illinois  the  names  of  Hon.  William 
R.   Morrison   and   Hon.   John  M.   Palmer,   and   also  having  been   elected   a 


JOINT   RESOLUTIONS.  1003 


delegate  to  three  Democratic  National  conventions.,  twice  as  delegate  at 
large;    therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  Fifty-first  General  Assembly  of  the  State  of  Ilinois  expresses  its 
deep  regret  at  the  loss  to  the  State  of  Illinois  and  to  his  community  of  so 
faithful  a  public  servant  and  citizen,  and  that  it  extends  its  sympathy  to  the 
members  of  the  bereaved  family;  and  be  it  further 

Resolved,  That  these  resolutions  be  spread  on  the  records  of  the  House 
of  Representatives  and  the  Senate,  and  that  a  copy  thereof  duly  authenti- 
cated be  forwarded  by  the  Clerk  of  the  House  of  Represenatives  to  the 
family  of  the  late  Mr.  Merritt. 

Adopted  by  the  House,  February  5,  1919. 

Concurred  in  by  the  Senate,  February  6,  1919. 


Death:  of  Hon.  Charles  A.  Walker, 
(House  Joint  Resolution  No.  22.) 

Whereas,  The  Hon.  Charles  A.  Walker,  a  former  member  of  the  House 
of  Representatives  and  a  former  member  of  the  Senate  of  the  State  of 
Illinois,  departed  this  life  at  his  home  in  the  city  of  Carlinville,  Illinois, 
on  March  25,  1918;   and 

Whereas,  The  deceased  as  a  member  of  both  branches  of  the  General 
Assembly  gave  to  his  constituents  and  to  the  State  of  Illinois,  by  untiring 
industry,  faithful  zeal  and  unblemished  integrity,  the  fullest  measure  of 
devoted  service;   therefore,  be  it 

Resolved,  That  the  sincere  sympathy  of  the  House  of  Representatives 
and  the  Senate  be,  and  the  same  is  hereby,  extended  to  the  bereaved  rela- 
tives and  intimate  and  personal  friends  of  our  deceased  former  fellow- 
member;  and,  be  it  further 

Resolved,  That  this  preamble  and  resolution  be  spread  on  the  records 
of  the  Fifty-first  General  Assembly;  that  a  suitably  engrossed  copy  thereof 
be  forwarded  to  the  family;  and,  as  a  further  mark  of  respect  to  his  memory, 
that  the  House  do  now  adjourn. 

Adopted  by  the  House,  April  22,  1919. 

Concurred  in  by  the  Senate,  June  10,  1919. 


Demobilization  of  Soldiers  for  Farm  Laboe. 
(House  Joint  Resolution  No.  17.) 

Whereas,  There  exists  at  this  time  a  very  great  scarcity  of  farm  labor 
in  this  State  and  the  demand  for  labor  on  the  farm  is  continually  increasing 
and  will  continue  to  do  so  as  the  harvest  season  approaches;   and 

Whereas,  We  are  urged  by  Federal  officials,  by  State  officials,  by  pro- 
clamations of  Congress,  by  resolution  of  State  Legislatures,  by  demand 
for  appropriations  of  money  to  carry  on  public  improvements,  by  the  voice 
of  the  press  of  the  country,  to  furnish  employment  for  the  unemployed  and 
especially  for  the  demobilized  and  returning  soldiers  of  the  late  World's 
War;     and 

Whereas,  We  are  constantly  informed  through  the  press  and  by  various 
civic  organizations  and  employment  bureaus  and  agencies  that  great  num- 
bers of  released  soldiers  are  in  need  of  employment;  and 

Whereas,  It  is  our  wish  and  patriotic  duty  to  do  all  within  our  power 
to  give  employment  and  dignified  relief  to  all  seeking  employment,  and  to 
take  such  action  as  will  meet  the  requirements  of  the  employer,  and  those 
seeking  employment;   and 

Whereas,  Both  from  official  sources  and  newspaper  interviews  and  re- 
ports, it  is  found  that  great  numbers  of  released  and  returned  soldiers  are 
not  experienced  in  farm  labor  or  adapted  to  its  requirements;  and 

Whereas,  Large  numbers  of  men  who  are  experienced  and  adapted  to 
farm  occupations  are  retained  in  the  service;  therefore,  be  it 


1004  JOINT   KESOLUTIONS. 


Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  United  States  military  and  civilian  officials  having  in  charge  the 
demobilization  of  the  United  States  troops,  both  in  home  cantonments  and 
in  the  overseas  service,  be  requested  through  the  two  United  States  Senators 
and  the  members  of  the  House  of  Representatives  in  Congress  from  Illinois 
to  so  far  as  possible  and  so  far  as  may  be  just  and  consistent  demobilize 
"without  delay  such  men  as  shall  clearly  prove  by  their  records  on  entering 
the  service  that  they  are  adapted  to  argicultural  occupations  and  who  are 
willing  to  return  to  such  occupation. 

Adopted  by  the   House  April   8,   1919. 

Concurred  in  by  the  Senate  April  22,  1919. 


Employment  of  Soldiers  and  Sailors. 
(Senate  Joint  Resolution  No.  11.) 

Whereas,  The  cessation  of  hostilities  in  the  World  War  has  come  upon 
us  sooner  than  anticipated,  and  in  advance  of  plans  or  preparation  for 
readjustment  from  war  to  peace;   and 

Whereas,  The  soldiers  and  sailors  from  the  State  of  Illinois  are  daily 
returning  in  great  numbers,  and  the  return  flow  of  soldiers  from  overseas 
has  as  yet  scarcely  begun;  and 

Whereas,  There  appears  to  be  great  difficulty  in  placing  our  soldiers  and 
sailors  in  suitable  employment;    and 

Whereas,  The  re-absorbing  powers  of  peace  industries  are  at  present 
insufficient  to  take  care  of  discharged  war  workers  and  soldiers  and  sailors; 
and 

Whereas,  Ample  provision  should  be  made  for  the  employment  of  our 
soldiers  and  sailors,  in  order  that  they  shall  not  be  compelled  to  accept 
public  charity;    and 

Whereas,  The  working  people  generally  of  this  country,  as  American 
citizens,  are  entitled  to  living  wages  and  good  living  conditions,  commen- 
surate with  the  vast  wealth  and  enormous  resources  of  this,  the  richest 
country  in  the  world;  and 

Whereas,  The  State  of  Illinois  is  ready  and  anxious  to  provide  suitable' 
employment  for  all  its  citizens;   and 

Whereas,  Labor  and  capital  are  united  in  urging  that  steps  shall  be 
taken  to  provide  employment  at  once  to  tide  over  the  dangerous  transition 
from  War  to  Peace;    and 

Whereas,  Many  public  improvements  throughout  the  State  of  Illinois 
have  been  postponed  on  account  of  the  war;  now,  therefore,  be  it 

Resolved,  by  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  therein.  That  the  Legislature  will,  upon  request, 
render  all  necessary  assistance  and  co-operation  with  the  counties,  cities, 
villages,  towns,  municipalities,  park  districts,  drainage  districts,  boards  of 
education,  sanitary  district,  and  all  other  public  bodies  in  the  State  of 
Illinois,  to  facilitate  said  bodies  in  making  necessary  public  improvements; 
and  will  pass  whatever  legislation  is  necessary  to  assist  said  bodies  in 
making  necessary  public  improvements;   and,  be  it  further 

Resolved,  That  all  counties,  cities,  villages,  towns,  municipalities,  park 
districts,  drainage  districts,  boards  of  education,  sanitary  district,  and  all 
other  public  bodies  in  the  State  of  Illinois,  be,  and  they  are  hereby  urged 
to  take  immediate  steps  to  start  work  at  once  on  public  improvements  coming 
properly  within  their  sphere  and  under  their  supervision,  in  order  to  give 
employment  to  the  unemployed;  and,  be  it  further 

Resolved,  That  a  copy  of  this  resolution  shall  be  forwarded  by  the  Secre- 
tary of  the  State  to  the  proper  public  bodies  in  the  State  of  Illinois. 

Adopted  by  the  Senate,  February  12th,  1919. 

Concurred  in  by  the  House  of  Representatives  March  6th,  1919. 


JOINT   RESOLUTIONS.  1005 


Endorsement  of  the  American  Legion. 
•    (House  Joint  Resolution  No.  28.) 

Whereas,  The  young  manhood  of  Illinois  enthusiastically  and  patriotic- 
ally responded  to  the  call  of  our  Government  in  doing  its  great  part  in  the 
late   World's   War;    and, 

Whereas,  These  our  loyal  and  honored  soldiers  having  performed  such 
valiant  and  heroic  service  as  to  bring  credit  to  themselves  and  to  crown 
American  arms  with  victory;   and, 

Whereas,  These  our  honored  soldiers,  numbering  more  than  350,000 
from  Illinois,  are  now  being  demobilized  and  returned  to  civilian  life;  and, 

Whereas,  These  men  are  now  engaged  with  other  millions  of  their  com- 
rades in  arms  from  the  other  states  of  the  Union  in  forming  at  this  time 
their  patriotic  and  permanent  veterans'  organization,  known  as  THE 
AMERICAN  LEGION;  and 

Whereas,  We  recognize  that  the  proposed  Illinois  chapter  of  the  said 
AMERICAN  LEGION  will  wield  a  great  and  good  influence  for  economic, 
social,  political  and  patriotic  advancement  within  our  Commonwealth; 
therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  General  Assembly  of  Illinois  hereby  declares  and  registers  its 
approval  of  this  patriotic  movement,  and  that  it  extends  to  our  soldier 
citizenship  its  endorsement,  and  that  it  hereby  gives  assurance  of  moral 
support  in  this  undertaking  which  already  has  taken  concrete  form  in 
Illinois  and  elsewhere. 

Adopted  by  the  House,  June  5,  1919. 

Concurred  in  by  the  Senate,  June  10,  1919. 


Expression  of  Appreciation  to  Old  Salem  Lincoln  League  and 

Hon.  Homer  J.   Tice. 

(House  Joint  Resolution  No.  25.) 

Whereas,  In  accepting  the  invitation  of  Hon.  Homer  J.  Tice,  more  than 
two  hundred  State  officials  and  Members  of  the  General  Assembly  visited 
the  site  of  New  Salem,  the  early  home  of  Abraham  Lincoln,  on  Thursday, 
May  1,  1919,  as  the  guests  of  the  Old  Salem  Lincoln  League,  and  the  citizens 
of  Petersburg;  now,  therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  Members  of  the  Fifty-first  General  Assembly  express  their  deep 
appreciation  of  the  hospitality  of  Hon.  Homer  J.  Tice,  the  Old  Salem  Lincoln 
League  and  the  citizens  of  Petersburg,  on  the  occasion  of  their  visit  to  the 
site  of  New  Salem;  and,  be  it  further 

Resolved,  That  the  Members  of  the  General  Assembly  express  their 
pride  in  the  knowledge  that  the  beautiful  and  historic  site  of  New  Salem 
is  to  be  forever  preserved  by  the  State  of  Illinois,  free  to  the  people,  as  the 
Old  Salem  State  Park;   and,  be  it  further 

Resolved,  That  this  preamble  and  resolution  be  spread  on  the  Journals 
of  the  House  and  Senate;  that  copies  thereof,  suitably  engrossed,  be  for- 
warded to  Hon.  Homer  J.  Tice,  to  the  President  of  the  Old  Salem  Lincoln 
League,  and  the  Mayor  of  Petersburg. 

Adopted  by  the  House,  May  6,  1919. 

Concurred  in  by  the  Senate,  May  7,  1919. 


Fort  Creve  Couer — Location. 
(Senate  Joint  Resolution  No.  37.) 
Whereas,  The  location  of  Fort  Creve  Couer,  built  by  Sieur  de  LaSalle, 
being  the  first  fort  erected  in  Illinois,  has  not  been  officially  established  by 
the  State  of  Illinois: 

Therefore,  Be  it  resolved  by  the  Senate  of  the  State  of  Illinois,  the 
House  of  Representatives  concurring  herein,  that  the  Department  of  Edu- 


1006  JOINT   RESOLUTIONS. 


cation  and  Registration  is  hereby  requested  to  conduct  an  investigation  for 
the  purpose  of  establishing  the  site  of  said  Fort  Crev.e  Couer;  that  said 
Department  report  its  findings  to  the  next  General  Assembly,  and  that  its 
findings  as  to  such  location  shall  be  considered  the  true  site  of  said  Fort 
for  all  State  purposes. 

Adopted  by  the  Senate  June  17,  1919. 

Concurred  in  by  the  House  of  Representatives  June  18,  1919. 


Health  Promotion  Weeks. 
(House  Joint  Resolution  No.  14.) 

Whebeas,  More  than  twenty-four  thousand  men,  women  and  children 
in  the  State  of  Illinois  died  of  communicable  diseases  during  the  past  fiscal 
year;  and 

Whebeas,  More  than  eighty-three  thousand  cases  of  communicable  dis- 
eases were  reported  during  the  past  fiscal  year  to  the  Department  of  Public 
Health;  and 

Whebeas,  It  is  conservatively  estimated  that  in  Illinois  the  annual  cost 
of  diseases,  which  are  communicable,  and  therefore  preventable,  is  upwards 
of  one  hundred  fifty-five  million  dollars   ($155,000,000);  now,  therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  week  beginning  on  the  second  Sunday  in  May,  1919,  and  1920,  are 
hereby  designated  as  Health  Promotion  Weeks  throughout  the  State  of  Illi- 
nois; and,  be  it  further 

Resolved,  That  the  Fifty-first  General  Assembly  hereby  recommends  to 
the  people  of  Illinois  that  during  the  weeks  thus  designated,  they  shall 
emphasize  in  every  possible  way  the  need  for  united  action  against  all  com- 
municable diseases  and  the  causes  thereof;   and,  be  it  further 

Resolved,  That  the  Department  of  Public  Health  shall  be  and  is  hereby 
designated  as  the  agency  through  which  the  programs  and  activities  of  the 
people  during  said  Health  Promotion  Weeks  shall  be  carried  out. 

Adopted  by  the  House,  March  26,  1919. 

Concurred  in  by  the  Senate,  March  27,  1919. 


Illinois    Centennial   Commission,    Material  of   etc.,    to   become    Pbopertt 

of  Illinois  State  Historical  Libbaby. 

(House  Joint  Resolution  No.  26.) 

Whebeas,  The  Illinois  Centennial  Commission  in  carrying  out  the  Cen- 
tennial observance  including  the  compiling  of  the  Centennial  History  of  the 
State  accumulated  a  considerable  amount  of  material  including  historical 
manuscripts,  copies  of  historical  material,  office  equipment,  etc.;  and 

Whebeas,  It  seems  advisable  that  the  material  and  property  collected 
by  the  Centennial  Commission  be  made  the  property  of  some  permanent 
department  of  the  State  of  Illinois;  therefore,  be  it 

Resolved,  By  the  House  of  Representatives,  the  Senate  concurring 
herein,  that  all  books,  newspaper  files,  manuscripts,  pictures,  sterotype 
plates  and  other  illustrative  material,  office  equipment  or  property  of  any 
kind  whatsoever  purchased  or  collected  by  the  Illinois  Centennial  Com- 
mission shall  when  said  Centennial  Commission  shall  have  completed  its 
duties,  become  the  property  of  the  Illinois  State  Historical  Library  and  be 
under  the  charge  and  control  of  the  Board  of  Trustees  of  said  Illinois  State 
Historical  Library. 

Adopted  by  the  House,  May  14,  1919. 

Concurred  in  by  the  Senate,  June  4,  1919. 


Intoxicating  Liquob — Ratification  of  Federal  Amendment. 
(Senate  Joint  Resolution  No.  3.) 
Whereas,  Both  Houses  of  the  Sixty-fifth  Congress  of  the  United  States 
of  America,  by  a  constitutional  majority  of  two-thirds  thereof,  proposed  an 


JOINT   RESOLUTIONS.  1007 


amendment  to  the  constitution  of  the  United  States  of  America,  which  should 
be  valid  to  all  intents  and  purposes  as  a  part  of  the  constitution  of  the 
United  States  when  ratified  by  the  legislatures  of  three-fourths  of  the 
states,  which  resolution  is  in  words  and  figures  following,  to-wit: 

"Joint  Resolution 

Proposing  an  amendment  to  the  constitution  of  the  United  States. 

1.  Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled  (ttoo-thirds  of  each  House  con- 
curring therein),  That  the  following  amendment  to  the  Constitution  be, 
and  hereby  is,  proposed  to  the  states,  to  become  valid  as  a  part  of  the 
Constitution  when  ratified  by  the  legislatures  of  the  several  states  as  pro- 
vided by  the  Constitution: 

"Article 

"Section  1.  After  one  year  from  the  ratification  of  this  article  the 
manufacture,  sale,  or  transportation  of  intoxicating  liquors  within,  the 
importation  thereof  into,  or  the  exportation  thereof  from  the  United  States 
and  all  territory  subject  to  the  jurisdiction  thereof  for  beverage  purposes 
is  hereby  prohibited. 

"Section  2.  The  Congress  and  the  several  states  shall  have  concurrent 
power  to  enforce  this  article  by  appropriate  legislation. 

Section  3.  This  article  shall  be  inoperative  unless  it  shall  have  been  rati- 
fied as  an  amendment  to  the  Constitution  by  the  legislatures  of  the  several 
states,  as  provided  in  the  Constitution,  within  seven  years  from  the  date  of 
the  submission  hereof  to  the  states  by  the  Congress"  now,  therefore,  be  it 

Resolved  by  the  Senate,  the  House  of  Representatives  concurring  herein: 

Section  1.  That  said  proposed  amendment  to  the  Constitution  of  the 
United  States  of  America  be  and  the  same  is  hereby  ratified  by  the  General 
Assembly  of  the  State  of  Illinois. 

Section  2.  That  certified  copies  of  this  preamble  and  joint  resolution  be 
forwarded  by  the  Governor  of  this  State  to  the  Secretary  of  State  at  Wash- 
ington, D.  C,  to  the  presiding  officer  of  the  United  States  Senate,  and  to  the 
Speaker  of  the  House  of  Representatives  of  the  United  States. 

Adopted  by  the  Senate,  January  8,  1919. 

Concurred  in  by  the  House  of  Representatives,  January  14,  1919. 


Investigation  of  Zion  City  and  Wilbur  Glenn  Voliva. 
(House  Joint  Resolution  No.  11.) 

Whereas,  An  institution  calling  itself  "The  Christian  Catholic  Apostolic 
Church  of  Zion,"  located  at  Zion  City  in  the  State  of  Illinois,  and  one 
Wilbur  Glenn  Voliva,  the  owner  or  pretended  owner  of  all  or  nearly  all 
the  real  estate  in  said  city,  and  by  profession  claims  to  be  endowed  with 
supernatural  powers  and  is  represented  as  claiming  direct  communication 
with  Divine  Power;   and 

Whereas,  It  is  represented  that  said  institution  and  its  said  pretended 
owner  and  overseer,  Wilbur  Glenn  Voliva,  through  such  supernatural  and 
divine  powers  is  and  has  been  enticing  and  encouraging  citizens  of  this  and 
other  states  to  invest  large  sums  of  money  in  leases  of  land  in  said  city  and 
in  other  Zion  enterprises,  and  by  and  through  such  leases  pretending  to 
extend  over  a  period  cf  a  thousand  years,  it  is  charged  that  the  same  is 
a  mere  means  and  pretense  to  secure  and  enveigle  the  moneys  and  property 
of  innocent  persons  under  the  guise  of  a  false  and  fictitious  religion;  and 
that  said  institution  through  that  and  other  means  is  using  the  city  govern- 
ment of  Zion  City,  the  schools  of  said  city  and  the  courts  of  said  city,  to 
carry  out  its  illegal  and  fraudulent  purposes  in  securing  property  and  op- 
pressing those  citizens  of  the  State  of  Illinois  who  do  not  conform  to  the 


1008  JOINT   RESOLUTIONS. 


pretended  beliefs  of  said  insitution,  and  that  in  many  other  and  divers 
ways,  as  it  is  represented,  the  said  institution  and  its  overseer,  by  controlling 
the  rents,  lots  and  homes,  the  business,  the  municipal  school  and  judical 
government  of  said  city,  is  and  has  become  a  blot  upon  the  State  of  Illinois 
and  is  and  has  been  depriving  citizens  of  said  city  of  the  rights  of  citizen- 
ship and  of  a  free  government,  and  is  and  has  been  misrepresenting  and 
fraudulently  stating  to  the  public  its  financial  status  and  its  religious 
beliefs,  and  is  being  run  for  the  purpose  of  defrauding  the  public;  and 

Wheeeas,  There  are  other  persons,  institutions  and  pretended  organiza- 
tions soliciting  funds,  deceiving  the  people  and  preying  upon  the  public  of 
the  like  and  similar  nature;  therefore,  be  it 

Resolved,  oy  the  House  of  Representatives,  the  Senate  concurring  herein. 
That  a  committee  of  ten  be  appointed,  five  from  the  House  and  five  from 
the  Senate,  to  investigate  the  said  institution  and  said  other  persons,  institu- 
tions and  pretended  organizations;   and  be  it  further 

Resolved,  That  said  committee  is  hereby  fully  authorized  to  take  evi- 
dence and  have  the  power  to  summon  before  it,  or  such  sub-committee  as 
said  committee  may  appoint,  witnesses  and  documents  as  said  committee 
may  find  necessary  to  do,  to  fully  and  completely  investigate  and  examine 
"into  all  of  the  affairs  of  said  institution  and  said  overseer  and  said  other 
persons,  institutions  and  pretended  organizations,  and  to  report  the  same 
with  the  recommendations  of  said  committee  to  both  Houses  of  the  General 
Assembly;  and  be  it  further 

Resolved,  That  said  committee  have  full  power,  with  the  assent  of  the 
Speaker  of  the  House  and  President  of  the  Senate,  to  employ  a  sergeant-at- 
arms  and  a  secretary  and  such  stenographers  as  may  be  necessary  to  fully 
and  completely  carry  out  said  investigation. 

Adopted  by  the  House,  March  5,  1919. 

Concurred  in  by  the  Senate,  April  9,  1919. 


Invitation  to  Hon.  William  H.  Taft. 
(House  Joint  Resolution  No.  9.) 

Whereas,  It  seems  possible  to  secure  the  presence  of  the  Hon.  William 
H.  Taft,  a  former  President  of  the  United  States,  to  discuss  before  the 
General  Assembly  of  Illinois  the  subject  of  a  League  of  Nations  as  the 
same  is  now  being  discussed  before  the  Peace  Conference  at  Versailles, 
France;    and 

Wheeeas,  This  is  a  subject  in  which  all  people  are  interested  and  in 
regard  to  which  all  people,  and  especially  the  General  Assembly,  desire 
information  and  invite  discussion;  therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  Hon.  William  H.  Taft,  former  President  of  the  United  States, 
be  invited,  at  his  pleasure  in  the  near  future  to  address  the  General 
Assembly  of  Illinois  upon  the  subject  of  a  League  of  Nations. 

Adopted  by  the  House,  February  20,  1919. 

Concurred  in  by  the  Senate,  February  20,  1919. 


Ieish  People — Rights  at  Peace  Confebence. 
(House  Joint  Resolution  No.  2.) 

Wheeeas,  The  Allied  powers  associated  with  the  United  States  about  to 
assemble  in  conference  for  the  purpose  of  drafting  terms  of  peace  affecting 
the  settlements  of  various  questions  arising  out  of  the  World  War,  and  for 
the  purpose  of  drafting  agreements  affecting  the  rights  of  the  nations  in- 
volved in  said  war,  and  for  the  purpose  of  readjusting  conditions  brought 
about  by  said  war  relative  to  those  nations  whose  people  are  either  subject 
to  or  whose  National  integrity  has  been  endangered  by  the  autocratic  powers 
responsible  for  said  war;    and 

Wheeeas,  The  Allied  powers  associated  with  the  United  States  have  sub- 
scribed to  the  fourteen  principles  enunciated  by  President  Wilson  as  a  basis 


JOINT   RESOLUTIONS.  1009 


lor  a  just  peace,  one  of  which  principle  is  that  the  people  of  all  nations  form- 
ing a  separate  and  distinct  race  in  a  particular  country  have  the  right  of 
self  determination  in  the  creation  of  the  administering  power  of  government 
within  their  borders  to  the  end  that  the  power  of  government  may  conform 
to  their  ideas  of  justice  and  freedom,  thereby  preventing  their  subjection  by 
governments  or  peoples  foreign  to  their  race  and  ideals;  and 

Whereas,  The  Allied  powers  associated  within  [with]  the  United  States 
have  given  assurances  to  many  of  the  smaller  nations  that  they  will  guaran- 
tee that  such  rights  of  self  determination  will  be  provided  for  in  the  final 
treaties  or  agreements  which  shall  be  presented  by  the  Peace  Commissioners 
to  the  various  powers  for  signature  and   ratification  by  said   powers;    and 

Whereas,  The  people  of  the  State  of  Illinois  believe  that  the  right  of 
self  determination  or  self  rule  ought  to  and  does  apply  to  all  nations  no 
matter  under  whose  rule  such  people  are  subject,  and  believing  furcher  that 
the  people  of  Ireland  come  within  the  classification  of  such  nations,  and 
believing  further  that  consistent  with  justice  and  humanity  the  Irish  people 
are  entitled  to  the  same  rights  as  other  subject  nations.    Therefore,  be  it 

Resolved,  by  the  House  of  Representatives  of  the  State  of  Illinois,  the 
Senate  concurring  herein,  That  the  representatives  of  the  people  of  the 
United  States  at  the  Peace  Conference  be  requested  to  present  to  said  con- 
ference the  claims  of  the  Irish  people  to  the  right  of  self  government,  and 
that  they  further  be  requested  to  exercise  their  influence  to  bring  about  a 
just  consideration  of  the  Peace  Conference  of  the  rights  of  the  Irish  people 
to  govern  themselves,  and  that  said  representatives  of  the  United  States  at 
the  Peace  Conference  further  exercise  their  influence  so  that  the  Irish  people 
may  receive  such  measure  of  self  determination  as  is  consistent  with  justice 
and  humanity  towards  the  Irish  people.     Be  it  further 

Resolved,  That  these  resolutions  be  spread  on  record  in  the  Journal  of 
the  General  Assembly  of  the  State  of  Illinois,  and  a  copy  of  same  properly 
attested  with  the  Great  Seal  of  State  and  signed  by  the  Speaker  of  the 
House  of  Representatives  and  the  President  of  the  Senate,  the  Secretary  of 
State  and  the  Governor  of  Illinois,  be  forwarded  to  the  President  of  the 
United  States  and  to  the  representatives  of  the  United  States  at  the  Peace 
Conference. 

Adopted  by  the  House  January  14,  1919. 

Concurred  in  by  the  Senate  April  22,  1919. 


Italian    Government — Claims    Before    Peace    Conference. 
(House  Joint  Resolution  No.  5.) 

Whereas,  The  Allied  Powers  associated  with  the  United  States  are 
assembled  in  conference  for  the  purpose  of  drafting  terms  of  peace  affecting 
the  settlements  of  various  questions  arising  out  of  the  World"  War;  and 
for  the  purpose  of  drafting  agreements  affecting  the  rights  of  the  nations 
involved  in  said  war;  and  for  the  purpose  of  readjusting  conditions  brought 
about  by  said  war,  relative  to  those  nations  whose  people  are  either  subject 
to  or  whose  national  integrity  has  been  endangered  by  the  autocratic  powers 
responsible  for  said  war;   and 

Whereas,  In  addition  to  the  sympathy  and  interest  which  the  people 
of  the  United  States  of  America  have  for  Italy  as  an  ally,  there  is  a  senti- 
mental interest  in  Italy  because  Italy  was  the  mother  of  modern  civilization, 
and  because  Italy  is  the  birthplace  of  Christopher  Columbus,  who  discovered 
America;  and 

Whereas,  Italy  has  fought  with  heroism  and  great  sacrifice  since  its 
entry  into  the  war,  and  has  done  its  share  in  bringing  about  the  great 
victory  of  the  Allies;  and 

Whereas,  Italy  is  making  claims  at  the  Peace  Conference  for  the  resto- 
ration to  it  of  certain  lands  and  territory  formerly  belonging  to  it,  and  for 

—64  L 


1010  JOINT   RESOLUTIONS. 


lands  and  territory  which  it  is  alleged  are  necessary  for  its  economic  needs, 
and  for  its  national  security  and  preservation;  now,  therefore,  be  it 

Resolved,  by  the  House  of  Representatives  of  the  State  of  Illinois,  and 
Senate  concurring  herein,  That  the  Representatives  of  the  People  of  the 
United  States  at  the  Peace  Conference  be  requested  to  exercise  their  influence 
to  bring  about  a  just  consideration  of  the  claims  of  the  Italian  Government 
for  the  restoration  to  it  of  its  lands  and  territory  and  of  its  claim  for  lands 
and  territory  which  it  is  alleged  are  necessary  for  its  economic  needs  and  for 
its  national  security  and  preservation;  and  be  it  further 

Resolved,  That  these  resolutions  shall  be  spread  on  record  in  the  Journal 
of  the  General  Assembly  of  the  State  of  Illinois,  and  that  a  copy  of  the 
same  properly  attested  with  the  Great  Seal  of  State  and  signed  by  the 
President  of  the  Senate  and  the  Speaker  of  he  House  of  Representatives, 
the  Secretary  of  State  and  the  Governor  of  Ilinois,  be  forwarded  to  the 
President  of  the  United  States  and  to  the  Representatives  of  the  United 
States  at  the  Peace  Conference. 

Adopted  by  the  House  February  5,  1919. 

Concurred   in  by  the   Senate  June  5,  1919. 


Jewish    People — Persecution    in    Poland    and   Roumanian 
(Senate  Joint  Resolution  No.  38.) 

Whereas:  It  has  been  charged  by  persons,  worthy  of  belief,  that  many 
people  of  the  Jewish  faith,  including  men,  women  and  children,  have  recently 
in  different  parts  of  Poland  and  Roumania  been  murdered,  tortured  and 
otherwise  illtreated  and  subjected  to  pillage;  and 

Whereas:  The  existence  of  such  a  situation,  if  in  fact  it  does  exist  is, 
in  this  day  of  enlightened  civiliation,  deplorable  in  the  extreme;  and 

Whereas:  The  conditions  which  are  alleged  to  exist  in  Poland  and 
Roumania  should  be  investigated  so  that  proper  steps  may  be  taken,  if  need 
be,  to  remedy  the  situation;   now  therefore  be  it 

Resolved,  by  the  Senate,  the  House  of  Representatives  of  the  State  of 
Illinois  concurring  therein:  That  the  Government  of  the  United  States  of 
America,  through  its  proper  officials,  investigate  said  charges  and  that  the 
United  States  of  America  use  its  good  offices  and  influences  to  end  the  perse- 
cution, if  any  there  be,  of  the  people  of  the  Jewish  faith  in  Poland  and 
Roumania;   and  be  it  further 

Resolved:  That  a  copy  of  this  resolution,  under  the  seal  of  State,  be 
sent  by  the  Secretary  of  State,  to  each  member  of  Congress  from  this  State. 

Adopted  by  the  Senate  June  19,  1919. 

Concurred  in  by  the  House  of  Representatives,  June  20,  1919. 


Jewish  People — Rights  in  Palestine. 
(Senate  Joint  Resolution  No.  27.) 

Whereas,  The  future  prosperity  and  peace  of  the  world  depends  upon  a 
just  and  equitable  settlement  of  the  European  war  whereby  each  and  every 
nationality,  however  small,  be  granted  the  liberty  to  determine  its  own 
destiny  and  the  opportunity  of  living  its  own  life;    and 

Whereas,  The  government  of  the  United  States  of  America  is  recognized 
as  an  ardent  exponent  of  the  rights  of  the  small  nations;    therefore,  be  it 

Resolved,  By  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  therein,  that  the  national  aspirations  and  historic 
claims  of  the  Jewish  people  with  regard  to  Palestine  be  recognized  at  the 
peace  conference,  in  accordance  with  the  British  government's  declaration 
of  November  second,  nineteen  hundred  and  seventeen,  that  there  shall  be 
established  such  political,  administrative  and  economic  conditions  in  Pales- 
tine as  will  assure  the  development  of  Palestine  into  a  Jewish  common- 
wealth, and  that  the  American  representatives  at  the  peace  conference  shall 
use  their  best  endeavors  to  facilitate  the  achievement  of  this  object;  be 
it  further 


JOINT   RESOLUTIONS.  1011 


Resolved,  By  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  therein,  that  express  provisions  be  made  at  the  peace 
conference  for  the  purpose  of  granting  the  Jewish  people  in  every  land  the 
complete  enjoyment  of  life,  liberty,  and  the  opportunities  for  national  de- 
velopment to  the  end  that  justice  may  be  done  to  one  of  the  most  suffering 
people  on  earth — the  Jewish  people;  and  be  it  further 

Resolved,  That  a  copy  of  these  resolutions  be  transmitted  by  the  Secre- 
tary of  the  State  of  Illinois  to  the  President  of  the  United  States. 

Adopted  by  the  Senate,  April  22,  1919. 

Concurred  in  by  the  House  of  Representatives  May  7,  1919. 


Joint  Rules  of  the  House  and  Senate. 
(House  Joint  Resolution  No.  27.) 
Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  following  be  adopted  as  the  Joint  Rules  of  the  House  and  Senate  of 
the  Fifty-first  General  Assembly,  to-wit: 

1.  When  a  message  shall  be  sent  from  the  Senate  to  the  House  of  Repre- 
sentatives, it  shall  be  announced  at  the  door  of  the  House  by  the  doorkeeper, 
and  shall  oe  respectfully  communicated  to  the  Chair  by  the  person  by  whom 
it  may  be  sent. 

2.  The  same  ceremony  shall  be  observed  when  messages  shall  be  sent 
from  the  House  of  Representatives  to  the  Senate. 

3.  Messages  shall  be  sent  by  such  persons  as  a  sense  of  propriety  in  each 
House  may  determine  to  be  proper. 

4.  In  every  case  of  disagreement  between  the  two  Houses,  if  either 
House  request  a  conference,  and  appoint  a  committee  for  that  purpose,  the 
other  House  shall  appoint  a  committee  to  confer  therewith  upon  the  subject 
of  their  disagreement.  Said  committee  shall  meet  at  a  convenient  time  to 
be  agreed  upon  by  their  chairman,  and,  having  conferred  freely,  each  shall 
report  to  its  respective  House  the  result  of  their  conference.  In  case  of  an 
agreement  the  report  shall  be  first  made,  with  the  papers  referred  accompany- 
ing it,  to  the  disagreeing  House,  and  there  acted  upon;  and  such  action 
shall  be  immediately  reported  by  the  Clerk  to  the  other  House,  the  papers 
referred  accompanying  the  message.  In  case  of  disagreement,  the  papers 
shall  remain  with  the  House  which  referred  them.  The  agreeing  report  of 
a  conference  committee  shall  be  made,  read  and  signed  in  duplicate  by  all 
members  of  the  committee,  or  by  a  majority  of  those  of  each  House,  one  of 
the  duplicates  being  retained  by  the  committee  of  each  House.  Should 
either  House  disagree  to  the  report  of  the  committee,  such  House  shall 
appoint  a  second  committee  and  request  a  second  conference,  which  shall  be 
acceded  to  by  the  other  House  before  adhering.  The  motion  for  a  committee 
of  conference,  and  the  report  of  such  committee,  shall  be  in  order  at  any 
time.  When  both  Houses  shall  have  adhered  to  their  disagreement,  a  bill 
or  resolution  is  lost. 

5.  While  bills  are  on  their  passage  between  the  two  Houses  they  shall 
be  accompanied  by  a  message  signed  by  the  Secretary  or  Clerk  (as  the  case 
may  be)  respectively. 

6.  After  a  bill  has  passed  both  Houses,  it  shall  be  enrolled  before  it  is 
presented  to  the  Governor. 

7.  When  bills  are  enrolled,  they  shall  be  examined  by  a  joint  committee, 
which  shall  consist  of  five  members,  two  from  the  Senate  and  three  from  the 
House,  to  be  appointed  by  the  Senate  and  the  Speaker  of  the  House  respec- 
tively. The  clerk  of  the  Committee  on  enrolling,  transcribing  and  typing 
of  bills  of  the  respective  Houses  shall  act  as  clerk  of  the  committee  when- 
ever their  services  are  required.  Said  committe  shall  carefully  compare 
the  enrolled  bills  with  the  engrossed  bills,  so  passed  by  both  Houses,  correct 
any  errors  which  may  be  discovered  in  the  enrolled  bills,  and  make  their 
report  forthwith  to  their  respective  Houses;  the  Secretary  or  Clerk  having 
previously  certified  on  the  margin  of  the  roll  in  which  House  it  originated. 


1012  JOINT   RESOLUTIONS. 


8.  After  examination  and  report,  each  bill  shall  be  signed  in  the  respec- 
tive Houses,  by  the  Speaker  of  the  House  of  Representatives  and  by  the 
President  of  the  Senate. 

9.  After  a  bill  shall  have  been  signed  by  the  President  of  the  Senate 
and  Speaker  of  the  House  of  Representatives,  it  shall  be  presented  by  said 
Joint  Committee  to  the  Governor  for  his  approval.  The  said  committee 
shall  report  the  day  of  presentation  to  the  Govenor  to  each  House,  which 
time  shall  be  carefully  entered  on  the  Journals  of  each  House. 

10.  All  resolutions  and  memorials  which  are  to  be  presented  to  the 
Governor  shall  be  previously  enrolled,  examined,  signed  and  presented  to 
the  Joint  Committee,  reported,  and  entry  made  thereof,  as  provided  in  case 
of  bills. 

11.  "When  a  bill  or  resolution  which  shall  have  passed  one  House  is  re- 
jected in  the  other,  information  thereof  shall  be  given  to  the  House  in  which 
the  same  shall  have  passed. 

12.  When  the  consideration  of  any  bill,  memorial,  or  resolution,  which 
has  originated  in  one  House  shall  be  postponed  in  the  other  to  a  day  so  dis- 
tant that  it  shall  not  be  taken  up  again  by  the  present  session,  the  House 
in  which  such  bill,  memorial  or  resolution  shall  have  originated  shall  be 
forthwith   informed   of  such   postponement. 

13.  When  a  bill,  memorial  or  resolution  which  has  passed  one  House  is 
rejected  in  the  other,  it  shall  not  again  be  introduced  during  the  same  session, 
except  in  the  House  so  rejecting,  and  after  three  days'  notice  and  leave  of 
that  House. 

14.  Each  House  shall  transmit  to  the  other  all  papers  on  which  any  bill 
or  resolution  shall  be  founded. 

15.  While  the  two  Houses  are  acting  together  upon  elections,  or  any 
other  matter,  the  Speaker  shall  preside,  and  all  questions  of  order  shall  be 
decided  by  him,  subject  to  an  appeal  to  both  Houses,  as  though  but  one  body 
was  in  session.  A  call  of  members  of  either  House  may  be  had  in  joint  meet- 
ing by  order  of  the  House  in  which  the  call  is  desired,  and  to  constitute  a 
quorum  of  the  Joint  Assembly,  a  majority  of  all  the  members  elected  to  both 
Houses  shall  be  present  and  voting. 

16.  Motions  to  postpone  or  adjourn  shall  be  decided  by  a  joint  vote  of 
both  Houses,  and  yeas  and  nays  upon  such  motions,  if  required  shall  be 
entered  upon  the  Journals  of  both  Houses. 

17.  Upon  questions  arising  requiring  the  separate  decision  of  either 
House,  the  Senate  shall  withdraw  until  tbe  decision  is  made.  Provided,  that 
questions  upon  motions  for  a  call  of  either  House  shall  not  come  within 
the  provisions  of  this  rule. 

18.  Each  House  shall  have  the  liberty  of  ordering  the  printing  of  bills, 
messages  and  reports  without  the  consent  of  the  other. 

19.  Whenever  any  message,  bill,  report  or  document  shall  be  ordered  to 
be  printed  by  the  Senate  or  House,  for  the  use  of  both  Houses,  it  shall  be  the 
duty  of  the  Secretary  of  the  Senate  or  Clerk  of  the  House  (as  the  case  may 
be)  immediately  to  report  the  fact  of  the  passage  of  such  order  to  the  other 
branch  of  the  General  Assembly,  together  with  the  number  so  ordered  to  be 
printed  in  case  the  same  shall  exceed  300. 

Adopted  by  the  House,  May  23,  1919. 
Concurred  in  by  the  Senate,  June  3,  1919. 


Memorial  to  Congress — Conservation  of  Forests. 
(Senate  Joint  Resolution  No.  31.) 
Whereas,  The  United  States  during  the  last  half  century  has  witnessed 
the  reduction  of  the  forest  in  one  region  after  another.  The  white  pine 
forests  of  Pennsylvania,  New  York,  and  New  England  disappeared  nearly 
a  half  century  ago.  Likewise  the  pine  forests  of  the  Lake  states  for  the 
most  part  were  obliterated  before  1900.  The  Southern  pineries  which  for 
20  years  have  been  the  main  supply  of  lumber  for  Illinois  and  other  Central 


JOINT   RESOLUTIONS.  1013 


states  will,  according  to  statements  recently  made  by  authoritative  sources, 
be  to  a  large  extent  exhausted  within  the  next  ten  years. 

Whereas,  The  effect  of  the  exhaustion  of  the  commercial  forests  has 
been  the  closing  of  nearby  industries  which  depended  upon  these  forests 
for  supplies  and  the  shifting  of  local  population  to  new  centers,  involving 
heavy  penalties  upon  both  the  industries  and  the  people.  As  another  result 
the  country  has  observed  the  area  of  cutover  timber  land  increase  to  an 
area  estimated  by  the  Secretary  of  the  Interior  at  228  million  acres.  Far 
the  greater  part  of  this  land  is  in  the  North,  South,  and  Bast  and  a  very 
large  percentage  of  it  is  non-agricultural.  With  recurring  destructive  forest 
fires  millions  of  acres  of  it  have  become  waste  and  can  only  be  restored 
to  productiveness  through  an  extensive  program  of  reforestation. 

Whereas,  The  wood-using  industries  not  depending  upon  uncertain  local 
forest  supplies  have  become  centered  to  a  very  large  extent  in  the  thickly 
populated  districts  east  of  the  Mississippi  River  and  are  drawing  their 
supplies  from  the  remaining  forests  in  the  Eastern  states,  the  Gulf  states 
and  the  states  adjacent  to  the  Great  Lakes.  A  large  number  of  such  in- 
dustries are  located  in  the  State  of  Illinois,  with  the  City  of  Chicago  the 
center  of  a  very  large  and  important  group.  Chicago  has  for  many  years 
been  the  chief  lumber  distribution  point  of  the  United  States,  and  the 
greatest  point  of  lumber  distribution  in  the  world.  These  important  in- 
dustries including  the  manufacture  of  railway  cars,  boxes,  sashes  and  doors, 
farm  machinery,  furniture,  pianos,  vehicles  and  many  other  articles  are 
now  threatened  by  the  exhaustion  of  the  forests  from  which  their  supplies 
have  been  drawn.  They  now  face  the  necessity  of  bringing  timber  from  the 
Pacific  Coast  with  heavy  freight  charges  added  to  the  cost. 

To  the  same  Pacific  Coast  supply  the  country  must  look  for  lumber  for 
general  construction  purposes.  The-  transportation  system  of  the  country 
must  add  to  its  present  burdens  the  transcontinental  shipment  of  very  large 
quantities  of  lumber,  a  bulky  product  upon  which  a  high  freight  rate  greatly 
increases  the  cost  to  the  consumer. 

Whereas,  Such  forests  as  are  owned  and  managed  by  the  Government, 
the  National  Forests,  are  97  per  cent  in  the  far  west  and  for  that  reason 
cannot  contribute  substantially  to  the  solution  of  the  problem  of  wood  sup- 
plies which  has  become  so  threatening  to  the  industries  of  the  Eastern 
States. 

Whereas,  The  situation  is  of  such  gravity  as  to  require  the  most  careful 
consideration  by  the  Federal  government  and  the  states  to  the  end  that 
policies  may  be  adopted  that  will  lead  to  the  solution  of  the  problem. 

Therefore,  he  it  resolved,  by  the  Senate  of  the  State  of  Illinois,  the 
House  of  Representatives  concurring  therein,  That  the  Fifty-first  General 
Assembly  of  the  State  of  Illinois  urges  the  attention  of  the  President  and 
the  Congress  of  the  United  States  to  the  present  timber  situation  and  recom- 
mends that,  without  delay,  there  be  formulated  such  a  National  program 
of  forestry  as  will  insure  the  future  timber  supplies  required  by  the  in- 
dustries of  the  country.  As  an  example  of  what  should  be  done,  this  Gen- 
eral Assembly  points  to  the  wise  course  of  the  Republic  of  France  in  so 
managing  its  forests  for  more  than  a  century  that  they  contributed  sub- 
stantially to  the  winning  of  the  great  war. 

It  is  further  urged  that  the  Federal  government  acting  independently 
or  in  co-operation  with  the  states  inaugurate  action  looking  towards  such 
measure  of  public  control  of  the  remaining  bodies  of  original  timber  as  will 
make  sure  that  their  supplies  will  be  available  as  needed  by  the  industries. 

It  is  furthermore  urged  that  comprehensive  plans  be  put  into  effect  for 
restoring  the  forest  on  cutover  lands  which  are  non-agricultural  in  char- 
acter in  the  Eastern  states,  in  the  states  bordering  the  Great  Lakes,  and 
in  the  South,  in  order  that  timber  supplies  from  these  regions  may  be  avail- 
able to  the  established  industries  of  the  Central  and  Eastern  states. 

Be  it  Resolved,  That  the  Secretary  of  State  of  Illinois  be,  and  hereby  is 
directed  to  transmit  copies  of  this  preamble  and  resolution  to  the  President 
of  the  United  States,  the  United  States  Senate  and  to  the  House  of  Repre- 


1014  JOINT   RESOLUTIONS. 


sentatives  and  to  The  Forester  of  the   United   States   Department  of  Agri- 
culture. 

Adopted  by  the  Senate  June  4,  1919. 

Concurred  in  by  the  House  of  Representatives  June  5,  1919. 


Memorial  to  Congeess — Extra  Pay  for  Soldiers. 
(Senate  Joint  Resolution  No.  6.) 

Whereas,  The  most  important  problem  of  reconstruction  is  the  in- 
dividual readjustment  in  the  lives  of  the  men  who  willingly  went  forth  to 
heroically  serve  our  Nation  and  our  Allies  in  the  time  when  free  institutions 
and  the  rights  of  free  men  everywhere  were  threatened,  and 

Whereas,  No  adequate  provision  is  being  made  by  the  Federal  govern- 
ment for  these  returning  soldiers,  sailors  and  marines,  who  have  made  tre- 
mendous sacrifices  for  our  country,  and 

Whereas,  There  is  a  movement  to  secure  national  legislation  guaran- 
teeing to  every  soldier,  sailor  and  marine  his  pay  for  some  sufficient  period 
after  his  return  to  civil  life,  until  he  can  obtain  remunerative  employment, 
and 

Whereas,  Other  countries  which  have  suffered  more  and  which  have 
expended  far  greater  sums  of  money  that  [than]  has  the  United  States  of 
America,  are  making  more  ample  and  more  just  provisions  for  their  soldiers, 

Be  it  Resolved,  by  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  therein,  That  a  memorial  be  sent  to  Congress  request- 
ing the  Federal  government  to  pay  at  least  six  months  salary  to  every 
soldier,  sailor  and  marine  upon  his  return  to  civil  life,  and 

Be  it  Resolved,  That  the  Secretary  of  State  be,  and  hereby  is  directed 
to  transmit  copies  of  this  resolution  to  the  United  States  Senate  and  to  the 
House  of  Representatives  and  to  the  several  members  of  both  bodies  repre- 
senting the  State  of  Illinois,  and  to  Hon.  Newton  D.  Baker,  Secretary  of 
War,  and  to  Hon.  Josephus  Daniels,  Secretary  of  the  Navy. 

Adopted  by  the  Senate  January  28,  1919. 

Concurred  in  by  the  House  of  Representatives,  January  29,  1919. 


Memorial  to  Congress — National  Soldier  Settlement  Act. 
(House  Joint  Resolution  No.  32.) 

Whereas,  There  is  now  pending  before  the  House  of  Representatives 
of  the  Congress  of  the  United  States,  H.  R.  487,  "A  Bill  to  provide  employ- 
ment and  rural  homes  for  those  who  have  served  with  the  military  and 
naval  forces  through  the  reclamation  of  lands  to  be  known  as  the  'National 
Soldier  Settlement  Act;'"  and 

Whereas,  This  bill  appropriates  the  sum  of  five  hundred  millions  of 
dollars  for  the  reclamation  and  improvement  of  lands,  to  be  sold  to  mem- 
bers of  the  military  and  naval  forces  of  the  United  States  and  of  her  Allies 
in  the  World  War,  at  cost,  as  farms,  and  for  the  employment  of  these 
soldiers  and  sailors  in  that  work;  and 

Whereas,  The  provisions  of  this  bill  possess  great  merit  as  a  part  of  a 
program  of  readjustment  and  reconstruction;   now,  therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein,  - 
That  the  members  of  the  Fifty-first  General  Assembly  of  the  State  of  Illi- 
nois request  the   members   of  the   Congress   from   the   State   of   Illinois   to 
endeavor  to  bring  about  the  passage  of  H.  R.  487  or  of  similar  legislation 
at  as  early  a  date  as  possible;  and,  be  it  further 

Resolved,  That  a  copy  of  this  resolution  be  sent  to  each  member  of  the 
Congress   from   the   State   of   Illinois. 

Passed  the  House,  June  17,  1919. 

Concurred  in  by  the  Senate,  June  20,  1919. 


JOINT   RESOLUTIONS.  1015 


Memorial  to  Congress — Rail  Road  Rates. 
(Senate  Joint  Resolution  No.  14.) 

Whereas,  Many  public  improvements  for  which  there  is  an  imperative 
need  have  been  postponed  on  account  of  the  existence  of  a  state  of  war  be- 
tween the  United  States  of  America  and  the  Imperial  German  government; 
and 

Whereas,  The  necessity  for  the  resumption  of  the  construction  of 
public  works  is  fully  recognized  and  is  being  urged  upon  all  people  in 
authority  representing  the  various  political  units  and  subdivisions  of  the 
United  States;    and 

Whereas,  One  of  the  greatest  problems  confronting  the  State  and  the 
nation  at  the  present  time  is  the  furnishing  of  immediate  employment  to  a 
large  amount  of  idle  labor  released  from  other  activities  by  the  victorious 
termination  of  the  war;  and 

Whereas,  The  embarking  upon  the  construction  of  the  much-needed 
public  improvements  will  furnish  immediate  and  profitable  employment  to 
idle  labor;  and 

Whereas,  The  increase  in  freight  rates  on  the  heavy  materials,  enter- 
ing largely  into  the  construction  of  public  works,  which  went  into  effect  on 
June  25,  1918,  was  approximately  one  hundred  per  cent  greater  than  the 
increase  on  other  commodities;  and 

Whereas,  In  the  judgment  of  the  General  Assembly  of  the  State  of 
Illinois,  freight  rates  on  materials  designed  for  use  in  the  construction  of 
public  works  are  excessive  and  tend  unmistakably  to  discourage  the  re- 
sumption of  the  construction  of  such  enterprises,  thus  defeating  the  effort 
to  give  employment  to  idle  labor;    therefore,  be  it 

Resolved,  by  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  therein,  That  the  President  of  the  United  States,  the 
Congress  of  the  United  States  and  the  United  States  Railroad  Adminis- 
tration be  and  they  hereby  are  memorialized  and  respectfully  but  most 
urgently  requested  to  take  such  action  as  will  bring  about  a  reduction  in 
the  freight  tariffs  governing  the  shipment  of  the  materials  entering  largely 
into  the  construction  of  public  works,  said  reduction  to  be  not  less  than  the 
advance  which  went  into  effect  June  25,  1918,  and  to  be  effective  at  an  early 
date ;   and 

That  upon  the  passage  of  this  resolution,  certified  copies  thereof  be  forth- 
with forwarded  by  the  Secretary  of  State  of  Illinois  to  the  President  of  the 
United  States,  the  presiding  officers  of  both  Houses  of  Congress  and  mem- 
bers from  Illinois  of  both  branches  of  the  Congress  of  the  United  States,  and 
the  Director  General  of  Railroads. 

Adopted  by  the  Senate,  February  12,  1919. 

Concurred  in  by  the  House  of  Representatives,  February  13,  1919. 


Memorial  Exercises — Abraham  Lincoln. 
(Senate  Joint  Resolution  No.  15.) 

Whereas,  Wednesday,  February  12,  1919,  is  the  birthday  of  Abraham 
Lincoln,  our  martyred  President.     Therefore,  be  it 

Resolved,  by  the  Senate  of  the  State  of  Ilinois,  the  House  of  Repre- 
sentatives concurring  herein,  That  a  joint  session  of  the  two  Houses  be  held 
in  the  Hall  of  the  House  of  Representatives  on  Wednesday,  February  12, 
1919,  at  eleven  o'clock  a.  m.  for  the  purpose  of  memorial  exercises  in  com- 
memoration of  the  life  and  character  of  Abraham  Lincoln.     Be  it  further 

Resolved,  That  when  the  two  Houses  adjourn  on  Thursday.  February 
6,  1919,  they  stand  adjourned  until  Tuesday,  February  11,  1919,  at  ten 
o'clock  a.  m. 

Adopted  by  the  Senate,  February  6,  1919. 

Concurred  in  by  the  House  of  Representatives,  February  6,  1919. 


1016  JOINT   RESOLUTIONS. 


Metropolitan  Court  Commission. 
(House  Joint  Resolution  No.  30.) 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  the  Metropolitan  Court  Commission  is  hereby  created.  Said  com- 
mission shall  be  composed  of  15  members  all  to  be  appointed  by  the  Gov- 
ernor. One  member  of  said  commission  shall  be  a  representative  of  the 
sheriff  and  clerks  of  the  Circuit,  Superior  and  Criminal  Courts  of  Cook 
County,  one  a  representative  of  the  clerk  and  bailiff  of  the  Municipal  Court 
of  the  city  of  Chicago,  two  shall  be  representatives  of  the  judges  of  the 
Municipal  Court  of  the  city  of  Chicago,  two  shall  be  representatives  of  the 
judges  of  the  Circuit  Court  of  Cook  County,  two  shall  be  representatives 
of  the  judges  of  the  Superior  Court  of  Cook  County,  and  seven  shall  be 
practicing  attorneys  in  Cook  County.  The  duties  and  functions  of  the 
commission  shall  cease  and  the  terms  of  office  of  the  members  thereof  shall 
terminate  upon  the  convening  of  the  Fifty-second  General  Assembly.  And 
be  it  further 

Resolved,  That  it  shall  be  the  duty  of  said  commission  to  investigate 
the  organization  and  operation  of  the  courts  of  Cook  County  and  the  City  of 
Chicago,  and  the  administration  of  justice  in  said  county  and  city,  and  in 
particular  to  examine  and  report  upon  the  draft  of  the  Metropolitan  Court 
Bills,  annexed  as  Exhibits  A  and  B  to  the  report  of  the  Judiciary  Committee 
of  the  House  of  Representatives  of  the  51st  General  Assembly,  on  House 
bills  numbered  642  and  643,  and  to  make  such  redraft  of  such  bills  as  it, 
in  its  discretion  may  determine.  The  commission  shall  report  the  results 
of  its  investigation,  together  with  any  recommendations  it  may  see  fit  to 
make  to  the  Governor  not  later  than  December  1,  1920,  for  transmission 
to  the  Fifty-second  General  Assembly.     And  be  it  further 

Resolved,  That  the  commission  shall  have  power  to  call  upon  the  judges 
and  clerks  of  the  Circuit,  Superior  and  Criminal  Courts  of  Cook  County,  the 
sheriff  of  Cook  County,  and  the  judges,  clerks  and  bailiff  of  the  Municipal 
Court  of  the  city  of  Chicago  for  such  information  and  assistance  as  it  may 
require.  It  may  compel  the  production  of  all  relevant  books  and  papers, 
summon  witnesses  and  administer  oaths,  and  take  the  testimony  of  all  the 
witnesses  necessary  for  the  purposes  of  this  resolution. 

Passed   the   House  June   11,   1919. 

Concurred  in  by  the  Senate  June  12,  1919. 


Northwest  Territory — Memorial  to  Settlers. 
(House  Joint  Resolution  No.  16.) 

Whereas,  The  Governor  of  Ohio  has  transmitted  to  the  Governor  and 
the  General  Assembly  of  this  State  a  copy  of  a  joint  resolution  passed  by 
the  83rd  General  Assembly  of  Ohio,  requesting  the  appointment  of  a  com- 
mittee to  ace  with  a  like  committee  of  the  states  comprising  the  original 
Northwest  Territory,  looking  to  the  building  of  a  memorial  to  the  memory  of 
the  early  settlers  of  such  Northwest  Territory;    therefore,  be  it 

Resolved,  by  the  House  of  Representatives,  the  Senate  concurring  herein, 
That  there  be  appointed  a  committee  of  two  persons  from  this  State  by  the 
Governor  thereof,  such  committee  to  act  without  pay,  which  committee 
shall  meet  a  like  committee  from  each  of  the  states  comprising  the  original 
Northwest  Territory  for  the  purpose  of  carrying  out  the  foregoing  plan; 
that  such  joint  committee  shall  file  a  report  of  their  recommendations  with 
the  legislatures  and  governors  of  the  several  states  comprising  the  original 
Northwest  Territory  for  further  action  by  the  legislatures  of  such   states. 

Adopted  by  the  House,  April  8,  1919. 

Concurred  in  by  the   Senate,  April  9,  1919. 


JOINT   RESOLUTIONS.  1017 


Officers  and  Committee  Rooms — Kept  and  Preserved  Intact. 
(Senate  Joint  Resolution  No.  30.) 

Whereas,  The  Committee  rooms  have  been  appropriately  furnished  and 
remodeled  for  the  exclusive  use  of  the  officers  and  committees  of  the  House 
and  Senate;  therefore,  be  it 

Resolved  by  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  herein,  that  the  Secretary  of  State  be,  and  he  is  hereby 
directed  to  keep  and  preserve  intact  and  undisturbed  in  every  respect  after 
the  adjournment  of  the  Fifty-first  General  Assembly  and  until  the  con- 
vening of  the  Fifty-second  General  Assembly,  the  offices  of  the  Speaker 
and  Clerk  of  the  House  of  Representatives  and  the  Secretary  of  the  Senate 
and  the  rooms  occupied  by  the  respective  committees  of  the  House  and 
Senate;  and  that  the  use  and  occupancy  of  the  said  offices  and  rooms  shall 
not  be  permitted  by  any  persons,  except,  if  necessity  arises  for  temporary  use 
of  any  of  the  committee  rooms  of  either  the  nouse  or  Senate,  the  Secretary 
of  State  shall  first  obtain  permission  of  the  respective  presiding  officer  of 
the  House  or  Senate  for  the  temporary  use  of  such  room  or  rooms. 

Adopted  by  the  Senate  June  10,  1919. 

Concurred  in  by  the  House  of  Representatives  June  10,  1919. 


Public  Improvements — Work  on  Same  Urged. 
(Senate  Joint  Resolution  No.  12.) 

Whereas,  The  cessation  of  hostilities  in  the  World  War  has  come  upon 
us  sooner  than  anticipated,  and  in  advance  of  plans  or  preparation  for 
readjustment  from  war  to  peace;   and 

Whereas,  The  soldiers  and  sailors  and  United  States  marines  from  the 
State  of  Illinois  are  daily  returning  in  great  numbers,  and  the  return  flow 
of  soldiers  from  overseas  has  as  yet  scarcely  begun;  and 

Whereas,  There  appears  to  be  great  difficulty  in  placing  our  soldiers 
and  sailors  and  United  States  marines  in  suitable  employment;  and 

Whereas,  The  re-absorbing  powers  of  peace  industries  are  at  present 
insufficient  to  take  care  of  discharged  war  workers  and  sailors  and  United 
States  marines;    and 

Whereas,  Ample  provision  should  be  made  for  the  employment  of  our 
soldiers  and  sailors  and  United  States  marines,  in  order  that  they  shall 
not  be  compelled  to  accept  public  charity;   and 

Whereas,  The  working  people  generally  of  this  country,  as  American 
citizens,  are  entitled  to  living  wages  and  good  living  conditions,  commen- 
surate with  the  vast  wealth  and  enormous  resources  of  this  the  richest 
country  in  the  world;  and 

Whereas,  Labor  and  Capital  are  united  in  urging  that  steps  shall  be 
taken  to  provide  employment  at  pnce  to  tide  over  the  dangerous  transition 
from  war  to  peace;    and 

Whereas,  The  people  of  the  State  of  Illinois  have  voted  for  a  bond  issue 
of  sixty  million  dollars  to  build  good  roads,  to  be  paid  for  from  the  vehicle 
tax  fund  of  Illinois;   and 

Whereas,  The  people  of  the  State  of  Illinois  have  voted  a  bond  issue 
of  twenty  million  dollars  for  a  waterway  to  connect  the  Gerat  Lakes  with 
the  Gulf  of  Mexico;    and 

Whereas,  The  Legislature  has  authorized  the  building  of  a  new  peni- 
tentiary at  Joliet;  and 

Whereas,  There  are  many  other  public  projects  necessary  for  the  better- 
ment of  the  State  of  Illinois,  that  would  give  employment  to  thousands  of 
people;  now,  therefore,  be  it 

Resolved,  by  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  therein,  That  we  urge  upon  the  Department  of  Public 
Works  and  Buildings  the  desirability  of  giving  consideration  to  an  early 
resumption  of  work  upon  the  above  named  public  improvements. 

Adopted   by    the    Senate,    February    26th,    1919. 

Concurred  in  by  the  House  of  Representatives,  March  6th,  1919. 


1018  JOINT   RESOLUTIONS. 


Receiving  Goveknor — Joint  Session. 
(Senate  Joint  Resolution  No.  1.) 
Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein. 
That  the  two  Houses  meet  in  joint  session  in  the  Hall  of  the  House  of  Repre- 
sentatives at  4:00  o'clock  p.  m.  for  the  purpose  of  receiving  the  Governor 
to  deliver  his  official  message  in  person  to  the  Fifty-first  General  Assembly. 
Adopted  by  the  Senate  January  8,  1919. 
Concurred  in  by  the  House  of  Representatives,  January  8,  1919. 


Request  for  Parade  of  33rd  Division. 
(Senate  Joint  Resolution  No.   22.) 
Whereas,  The  Thirty-third  or  "Prairie"  Division  of  the  United  States 
Army  is  composed  exclusively   of  the  Illinois  National  Guard,  and 

Whereas,  The  149th  Field  Artillery  of  the  United  States  Army  is  com- 
posed of  officers  and  men  from  Illinois,  and 

Whereas,  These  organizations  have  been  from  the  time  they  reached 
Europe  engaged  in  the  heaviest  fighting  upon  the  Western  battle-front,  and 
have  greatly  distinguished  themselves,  fighting  up  to  the  very  moment  the 
armistice  was  signed,  and 

Whereas,  The  people  of  Illinois  desire  to  honor  in  a  fitting  way  these 
organizations,  as  units,  when  they  return  to  Illinois,  and 

Whereas,  This  can  be  accomplished  only  if  these  organizations  are  per- 
mitted to  parade  as  such  in  the  City  of  Chicago,  and 

Whereas,  It  is  now  expected  that  these  organizations  will  return  to 
America  in  the  near  future,  therefore  be  it 

Resolved,  by  the  Senate  of  the  State  of  Illinois,  the  House  of  Representa- 
tives concurring  therein,  That  the  War  Department  be  urgently  requested 
to  permit  the  Thirty-third  Division  and  the  149th  Field  Artillery  upon 
their  respective  arrivals,  to  parade  as  unbroken  organizations  in  the  City 
of  Chicago,  and,  be  it  further 

Resolved,  That  a  copy  of  the  resolutions,  signed  by  the  Presiding 
Officer  of  the  Senate  and  the  Presiding  Officer  of  the  House  be  transmitted 
by  the  Governor  of  Illinois,  the  Honorable  Frank  O.  Lowden,  to  the  Secre- 
tary of  War  and  to  the  Chief  of  Staff. 

Passed  by  the  Senate  March  18,  1919. 

Concurred  in  by  the  House  of  Representatives,  March  18,  1919. 


Road  Building  Material — Investigation. 
(Senate  Joint  Resolution  No.  18.) 

Whereas:  The  matter  of  carrying  out  the  program  for  the  building  of 
highways  in  this  State  is  considerably  hampered  by  the  high  cost  of 
materials  entering  into  their  construction*  and 

Whereas:  An  offer  has  been  made  by  a  citizen  of  the  State  to  furnish 
from  his  gravel  mine  a  high  grade  material,  suitable  for  road-building,  free 
of  cost  for  the  material,  to  the  S:ate  and  inviting  investigation  of  his  offer; 
therefore,  be  it 

Resolved,  by  the  Senate,  the  House  of  Representatives  concurring  therein, 
That  a  committee  of  six  be  appointed,  three  from  the  Senate  and  three  from 
the  House  for  the  'purpose  of  investigating  this  offer,  by  conferring  with  the 
party  making  same  and  by  an  inspection  of  the  gravel  deposits  referred  to 
and  that  the  committee  report  its  findings  to  this  General  Assembly  at  an 
early  date. 

Adopted  by  the  Senate  February  19,  1919. 

Concurred  in  by  the  House  of  Representatives,  February  27,  1919. 


Road  Building  Materials — Investigation. 
(Senate  Joint  Resolution  No.  41.) 
Whereas:     The  use  of  the  improved  highways  of  the  State  by  heavy 
motor  trucks  necessitates  the  building   of  roads   with   materials   of   great 


JOINT   RESOLUTIONS.  1019 


strength  and  endurance  to  sustain  such  traffic  with  consequent  greatly  in- 
creased expense,  and 

Whereas:  It  is  understood  that  commercial  transportation  companies 
are  already  organized,  or  in  process  of  being  organized  for  the  purpose  of 
transporting  express  and  freight  for  hire  over  such  highways  as  soon  as 
built,  and 

Whereas:  The  use  by  such  common  carriers  of  the  improved  highways 
built  by  the  people  should  be  regulated  and  charged  for  but  as  no  adequate 
data  are  available  upon  which  to  base  equitable  legislation,  therefore,  be  it 

Resolved  by  the  Senate  of  the  Fifty-first  General  Assembly  of  the  State 
of  Illinois,  the  House  of  Representatives  concurring  therein:  That  the  whole 
subject  of  charges  to  be  made  for  the  use  of  the  improved  highways  of  the 
State  by  commercial  truck  companies  operating  for  hire  be  referred  to  the 
Department  of  Public  Works  and  Buildings  for  investigation  and  that  all 
data  collected,  together  with  findings  and  recommendations  of  the  depart- 
ment be  reported  to  the  Fifty-second  General  Assembly,  and  be  it  further 

Resolved;  That  we  recommend  to  the  Department  of  Public  Works  and 
Buildings  the  careful  and  impartial  investigation  of  all  road  materials  which 
give  promise  of  results  and  the  prompt  and  complete  testing  of  same,  when 
presented  for  consideration,  with  a  view  of  determining  by  means  of  prac- 
tical experiment  the  relative  value  and  resistance  of  various  types  of  such 
road  materials,  and  their  costs  for  the  purpose  of  determining  and  securing 
the  best  types  at  the  least  expense  to  the  people  of  the  State. 

Adopted  by  the  Senate  June  19,  1919. 

Concurred  in  by  the  House  of  Representatives,  June  20,  1919. 


State  Board  of  Equalization — Investigation. 
(Senate  Joint  Resolution  No.  30.) 

Whereas,  certain  statements  were  made  on  May  6,  1919,  before  Joint 
Revenue   Committee   of  the   General   Assembly   that   there   were   three   affi- 
davits in  existence  showing  that  members  of  the  State  Board  of  Equilization 
"had  been  approached  by  someone  and  told  that  if  the  Pullman  Company 
assessment  was  increased,  the  board  would  be  abolished;   and 

Whereas,  further,  such  charges  are  of  such  a  grave  import  and  nature, 
that  the  truth  or  falsity  of  such  charges  should  be  ascertained;  be  it  there- 
fore, 

Resolved,  by  the  Senate,  the  House  of  Representatives  concurring 
therein,  that  a  Joint  Committee  of  ten,  five  members  of  the  Senate  to  be 
appointed  by  the  President  of  the  Senate,  and  five  members  of  the  House 
to  be  appointed  by  the  Speaker  of  the  House,  be  appointed  to  investigate 
the  truth  or  falsity  of  such  charges,  and  to  investigate  any  and  all  matters 
pertaining  to  any  improper  influences  being  brought  to  bear  upon  the  State 
Board  of  Equalization,  or  its  members,  and  to  investigate  the  methods  of  said 
Board  of  Equalization; 

Resolved,  further,  that  such  Joint  Committee  shall  have  full  power  to 
issue  subpoenas  for  persons  and  to  bring  before  said  committee  by  subpoenas 
duces  tecum  all  books,  papers,  documents  and  memoranda  in  the  hands  of 
any  person  or  persons,  corporations  or  public  officials,  bearing  upon  the 
subject  of  inquiry.  Such  committee,  through  its  chairman,  shall  have 
power  to  administer  oaths  to  such  witnesses  as  may  be  required  to  appear 
before  said  committee. 

Resolved,  further,  that  all  expenses  of  such  committee  shall  be  paid  out 
of  the  contingent  expense  funds  of  the  Senate  and  House  of  Representatives. 

Adopted  by  the  Senate  May  7,  1919. 

Concurred  in  by  the  House  of  Representatives,  May  7,  1919. 


State  Budget — Discussion. 
(Senate  Joint  Resolution  No.  13.) 
Resolved,  by  the  Senate  of  the  State  of  Illinois,  the  House  of  Repre- 
sentatives concurring  therein,  That  His  Excellency,  the  Governor,  and  the 


1020  JOINT   RESOLUTIONS. 


Director  of  the  Department  of  Finance  be  invited  to  address  the  House  and 
Senate  sitting  in  joint  session  on  Tuesday,  February  18th,  at  10:30  a.  m.  on 
the  subject  of  the  budget  of  State  expenses  as  presented  by  the  Governor  to 
the    General    Assembly. 

Adopted  by  the  Senate,  February  6,  1919. 

Concurred  in  by  the  House  of  Representatives,  February  11,  1919. 


Suffbage  Amendment  foe  Women. 
(Senate  Joint  Resolution  No.  7.) 

"Whereas,  The  proposed  Woman  Suffrage  Amendment  to  the  Federal 
Constitution  has  been  for  forty  years  before  the  Congress  of  the  United 
States  and  has,  during  this  session  of  Congress  received  a  two-thirds  vote 
in  the  House  of  Representatives,  but  has  been  delayed  in  the  United  States 
Senate,  and 

Whereas,  The  character  and  achievements  of  the  women  of  the  United 
States  merit  the  same  honorable  suffrage  recognition  received  by  women  in 
many  other  countries; 

Therefore,  be  it  Resolved,  by  the  Senate  of  the  State  of  Illinois,  the  House 
of  Representatives  concurring  therein,  That  we  urge  the  United  States 
Senate  to  immediately  pass  the  Federal  Woman  Suffrage  Amendment,  so  that 
it  may  be  ratified  by  the  Legislatures  of  the  thirty-six  states,  as  provided 
by  Article  Five  of  the  United  States  Constitution. 

Adopted  by  the   Senate   January  28,   1919. 

Concurred  in  by  the  House  of  Representatives  January  29,  1919. 


Suffrage  Amendment  for  Women. 
(House  Joint  Resolution  No.  29.) 
Whereas,   The   Sixty-sixth   Congress    of  the  United   States   of  America, 
at  its  first  session  begun  and  held  at  the  city  of  Washington,  on  Monday, 
the  nineteenth  day  of  May,  one  thousand  nine  hundred  and  nineteen,  has. 
adopted  the  following  joint  resolution,  to-wit: 

Joint  Resolution 

Proposing  an   amendment   to   the   Constitution   extending   the   right   of 

suffrage  to  women. 
Resolved,  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled  (tioo-thirds  of  each  House  con- 
curring therein),  That  the  following  article  is  proposed  as  an  amendment 
to  the  Constitution,  which  shall  be  valid  for  all  events  and  purposes  as 
part  of  the  Constitution  when  ratified  by  the  legislatures  of  three-fourths 
of  the  several  states. 

"Article  . 


"The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied 
or  abridged  by  the  United  States  or  by  any  state  on  account  of  sex. 

"Congress  shall  have  power  to  enforce  this  article  by  appropriate  legis- 
lation." 

F.    H.    Gillett 
Speaker  of  the  House  of  Representatives. 
Thos.  R.  Marshall 
Vice  President  of  the  United  States  and  President  of  the  Senate. 
Now,  therefore,   be  it  resolved,   by  the  House  of  Representatives,   the 
Senate  concurring   herein,   That  the  proposed   amendment  to  the  Constitu- 
tion of  the  United   States  of  America  is  hereby  ratified  by  the   Fifty-first 
General  Assembly  of  the  State  of  Illinois;  and  be  it  further 

Resolved,   That  certified   copies   of   this  preamble    and   joint   resolution 
be   forwarded   by   the   Governor    to   the    Secretary    of    State,    the    Presiding 


JOINT  RESOLUTIONS.  1021 


Officer  of  the  Senate  and  to  the  Speaker  of  the  House  of  Representatives, 
of  the  United  States  at  Washington. 

Adopted  by  the  House,  June  10,  1919. 

Concurred  in  by  the  Senate,  June  10,  1919. 


Suffrage  Amendment  foe  Women. 
(House  Joint  Resolution  No.  31.) 
Whereas,  The  Sixty-sixth  Congress  of  the  United  States  of  America,  at 
its  first  session  begun  and  held  at  the  city  of  Washington,  on  Monday,  the 
nineteenth  day  of  May,  one  thousand,  nine  hundred  and  nineteen,  has  adopted 
the  following  resolution,  to-wit: 

Joint  Resolution 

Proposing  an  amendment  to  the  Constitution  extending  the  right  of 
suffrage  to  women. 
Resolved,  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled  (tioo^thirdsj  of  each  House  con- 
curring therein),  That  the  following  article  is  proposed  as  an  amendment 
to  the  Constitution,  which  shall  be  valia  to  all  intents  and  purposes  as 
part  of  the  Constitution  when  ratified  by  the  legislatures  of  three-fourths 
of  the  several  states. 

"Article 


"The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or 
abridged  by  the  United  States  or  by  any  state  on  account  of  sex. 

"Congress  shall  have  power  to  enforce  this  article  by  appropriate  legis- 
lation." 

P.  H.  Gillett, 
Speaker  of  the  House  of  Representatives. 
Thos.  R.  Marshall. 
Vice  President  of  the  United  States  and  President  of  the  Senate. 
Now,  therefore,  be  it 

Resolved,  by  the  House  of  Representatives  the  Senate  concurring  therein, 
That  the  proposed  amendment  to  the  Constitution  of  the  United  States  of 
America  is  hereby  ratified  by  the  Fifty-first  General  Assembly  of  the  State 
of  Illinois;  and,  be  it  further 

Resolved,  That  certified  copies  of  this  preamble  and  joint  resolution  be 
forwarded  by  the  Governor  to  the  Secretary  of  State,  the  presiding  officer 
of  the  Senate  and  to  the  Speaker  of  the  House  of  Representatives,  of  the 
United  States  at  Washington. 

Passed  the  House,  June  17,  1919. 
Concurred  in  by  the  Senate,  June  17,  1919. 


Victory  Loan  Exercises.    » 
(Senate  Joint  Resolution  No.   28.) 

Whereas,  The  nation-wide  campaign  on  behalf  of  the  Victory  Loan  of 
the  United  States  of  America  was  launched  on  the  twenty-first  day  of  April, 
nineteen  hundred  and  nineteen;   and 

Whereas,  It  behooves  every  American,  individually  and  collectively,  to 
do  all  in  their  power  to  further  the  success  of  this,  the  last  Liberty  Loan; 
now,  therefore  be  it 

Resolved,  by  the  Senate,  the  House  of  Representatives  Concurring  therein. 
That  the  members  of  the  Fifty-first  General  Assembly  of  the  State  of  Illi- 
nois meet  in  joint  session  in  the  hall  of  the  House  of  Representatives,  at 
the  hour  of  12:00  o'clock,  noon,  on  Wednesday,  the  twenty-third  day  of  April, 
nineteen  hundred  and  nineteen,  for  the  holding  of  exercises  in  the  support 
of  the  Victory  Loan. 

Adopted  by  the  Senate  April  22d,  1919. 

Concurred  in  by  the  House  of  Representatives  April  22d,  1919. 


1022  CERTIFICATE, 


United  States  of  America, 

;>ss. 
1  State  of  Illinois. 

Office  of  the  Secretary  of  State. 
I,  Louis  L.  Emmerson,  Secretary  of  State  of  the  State  of  Illinois, 
do  hereby  certify  that  the  foregoing  Acts  and  Joint  Kesolutions  of  the 
Fifty-first  General  Assembly  of  the  State  of  Illinois,  passed  and  adopted 
at  the  regular  biennial  session  thereof,  are  true  and  correct  copies  of  the 
original  Acts  and  Joint  Eesolutions  now  on  file  in  the  office  of  the  Secre- 
tary of  State,  save  and  except  such  words,  letters  and  figures  as  are 
printed  in  brackets,  thus:   [   ]. 

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

field, this  19th  day  of  July,  A.  D.  1919. 

Louis  L.  Emmerson, 

Secretary  of  State. 


INDEX.  1023 


INDEX. 

PAGE. 

Absent  Voters — amendments   to   law 469 

Abandonment  of  Children — defines  guilt  and  provides  punishment 247 

Acorn  Tire  and  Repair  Co. — appropriation Ill 

Adams  Express   Co. — appropriation 203 

Adjutant  General — appropriation,   ordinary   and  contingent 203 

appropriation,    salaries 77 

awarding  medals   to   soldiers   and   sailors 945 

re-appropriation    210 

Administration  of  Estates — contest,   etc 1,  991 

contracts     4 

publication  of  notice,   compensation 6 

wills,    probate,    notice,    etc 993 

publication,    etc. .  . 994 

Administration  of  State  Government — imigrants  commission 7 

State   tax    commission '. 9 

Advertisements — sale  and  purchase  of  United  States  bonds 240 

sale    of   abortifacient    drugs 427 

A.  E.  Peters  &  Co. — appropriation 112 

Agriculture — collection    of    statistics 14 

collective  sales 425 

department  of,   appropriation  for   State   fairs 64 

ordinary   and   contingent 170 

salaries     77,  78 

tuberculosis  among  domestic  animals 211 

farm  produce,  sale  by  commission  merchants *. 14 

seed,   sale   regulated 18 

home  improvement  associations  for  soil  and  crop  irhprovements 405 

Illinois    farm    commission 83 

farmers'    institute ! 21 

insect  pests  and   diseases 22 

live   stock  biological  laboratory,    appropriation S8 

tuberculosis  among  domestic  animals 211 

Albert   Hancock  '&   Company — appropriation 106 

Albert  Pick  &  Co. — appropriation 106 

Albin-Harve  Co. — appropriation 107 

Albrecht,  H. — appropriation '.  121 

Alderman — election  thereof  in  Chicago 255 

AlleN;,  Edward  E. — appropriation 209 

Allen,    Harry    W. — appropriation 105 

Aller,    Matthias — appropriation 209 

Alton    State   Hospital,   The — appropriation 147 

deficiency    143 

Aluminum   Ore  Co. — appropriation 121 

Amberg  File  &  Index  Co. — appropriation 113 

American  Brass    Company — appropriation 107 

American  Indian   Day — establishment 894 

American  Press  Association — appropriation 141 

American  Steel  Foundries — appropriation 121 

American  Steel  &  Wire  Company — appropriation 107 

A-MErican  Zinc    Co. — appropriation 121 


1024  INDEX. 


PAGE. 

Ames,    Carlos — appropriation 109 

Anable,    B.    W. — appropriation 109 

Animals  and  Birds — dogs,  licensing,  damage  to  sheep 53 

game  and  fish  code 25 

protecting  owner  of  licensed  stallion  or  jack 55 

tuberculosis    among    domestic    animals 211 

Anna  State  Hospital,  The — appropriation 146 

deficiency    143. 

Appeals — fees  and  form  of  bond 634 

Appellate   Courts — appropriation,    ordinary   and   contingent 167 

distribution  of  reports 406 

Appropriations — Adjutant  General,    ordinary   and   contingent 203 

Adjutant   General,    re-appropriation 210 

Alton  State  Hospital,  The 147 

deficiency    143 

Anna  State  Hospital,  The 146 

deficiency    143 

Appellate   Courts,   ordinary   and  contingent 167 

armory    at    Danville 95 

Peoria    95 

Attorney    General,    deficiency 57 

dissolving  corporations 5& 

enforcement  of  Search  and  Seizure  Law 136- 

ordinary   and   contingent 164 

Auditor  of  Public  Accounts,   deficiency 56 

ordinary  and   contingent 158 

board  for  vocational  education,  ordinary  and  contingent 206 

Centennial  Memorial  Building,   ordinary  and  contingent 206- 

Chester    State    Hospital,    The 147 

Chicago    State    Hospital,    The 147,  151 

deficiency    143 

Civil  Service  Commission,  ordinary  and  contingent 204 

clerk  of  Supreme  Court,   ordinary  and  contingent 167 

Constitutional   Convention   expenses 60 

deaf,  blind  and  delinquent  children,   ordinary  and  contingent 206 

Department  of  Agriculture,  ordinary  and  contingent 170 

State   Fairs 64 

tuberculosis  among   domestic   animals 211 

Department  of  Finance,   ordinary  and  contingent 169 

Department  of  Labor,   free   employment   offices 65 

ordinary   and  contingent 174 

rehabilitation  in  industry  of  soldiers  and  sailors 66 

Department  of  Mines  and  Minerals,  ordinary  and  contingent 179 

Department  of  Public  Health,   ordinary  and   contingent 191 

Department  of  Public  Welfare,    ordinary   and   contingent 188 

Department  of  Public  "Works  and  Buildings,   Federal  aid  roads 131,  133 

Federal  aid  roads,   emergency 132 

unexpended    balance 130 

Illinois   Waterway 214 

ordinary   and   contingent 180 

purchase  of  novaculate  deposit 129 

re-appropriation    210 

State   aid   roads 140 

unexpended    balance 139 

Department  of  Registration  and  Education,  ordinary  and  contingent 199 

Department  of  Trade  and   Commerce,    ordinary  and  contingent 194 

Dixon  State  Colony,     The 148 

Dixon  State  Hospital,     The 148 

East  St.  Louis  riot,  various  parties 120 

educational,    State   normal    schools 66 


INDEX.  1025 


Appropriations — Continued.  page. 

Elgin    State    Hospital,    The 145 

deficiency    143 

General   Assembly,    committee   expenses 75 

incidental  expenses,   51st  General  Assembly 74 

joint  legislative   committees 80,    88,  89 

officers  and  employees 75 

ordinary   and   contingent 168 

salary    76 

State  officers 76 

Governor,    ordinary   and   contingent 155 

Grand  Army  Hall   and  Memorial  Assn 80 

Grand  Army  of  the  Republic 80 

Hard   Roads,    re-appropriation 81 

Illinois   Charitable   Eye   and  Ear   Infirmary,    The 143,  149 

farm  commission 83 

farmers'  institute 84 

firemen's  association 80 

industrial  home  for  the  blind 149,  152 

live  stock  association 84 

school   for  the  blind 148 

deficiency    143 

school    for   the  deaf 148 

soldiers'   orphans'   home 149 

deficiency    143 

soldiers'  and  sailors'  home 149 

deficiency    143 

soldiers'    widows'   home,   deficiency 143 

State    beekeepers    association 84 

dairymen's  association 84 

farm,   the 150 

historical  library,  ordinary  and  contingent 205 

horticultural   society 84 

.    library,    ordinary   and   contingent 205 

penitentiary,  the 150 

deficiency    144 

poultry    association 84 

reformatory    112,  151 

surgical    institute    for    children 87 

industrial  home   for  the  blind 152 

Jacksonville    State   hospital,    the 146 

deficiency    143 

Kankakee  State  hospital,  the 146 

deficiency    143 

legislative  reference  bureau,   ordinary   and  contingent 204 

compiling  data   for   Constitutional    Convention 63 

library  extension  commission,  ordinary  and  contingent 206 

Lieutenant  Governor,  ordinary  and  contingent 156 

Lincoln   State  school  and  colony,  the 148,  151 

deficiency    .  .  .  ." 113 

live  stock  biological  laboratory SS 

local    improvements,    Charleston 208 

city   of    Jacksonville 59 

Springfield    13S 

mining    investigation    commission S9 

monuments.  Governor  Edward  Coles 92 

Hon.   John   M.    Palmer 92 

Hon.   Richard  Yates 93 

Mt.  Olive  Cemetery  Association,  care  of  burial  place  of  deceased  soldiers.  .  94 

—65  L 


1026  INDEX. 


Appropriations — Continued.  page. 

Peoria    State   hospital,   the 147 

deficiency ; .  143 

psychopathic    hospital,    the 150 

psychopathic   institute,    the 146 

publication  notices   for   delinquent   corporations 97 

reception,  33rd  division  and   149th  field  artillery 99 

relief — Acorn  Tire  and  Repair  Co.,  inner  auto  tubes Ill 

Adams  Express  Co.,  express  charges 112 

A.  E.   Peters  &  Co.,   grain  supplies 112 

Albert  Hancock   &   Company,    tablets   and  paper 106 

Albert  Pick  &   Co.,    soda  fountain   equipment 106 

Albin-Harve   Co.,   rope,   twine,   etc • 107 

Albrecht,  H.,  account  of  East  St.  Louis  riot 121 

Allen,    Edward    E.,    refund 209 

Allen,  Harry  W.,  refund  of  inheritance  tax 105 

Aller,    Matthias,    refund 209 

Aluminum  Ore  Co.,  account  of  East  St.  Louis  riot 121 

Amberg  File   &    Index    Co.,    equipment 113 

American  Brass   Company,   chair  tips   and  mdse 107 

American  Press  Association 141 

American  Steel  Foundries,   account  of  East  St.  Louis  riot 121 

American  Steel  &  Wire  Company,   nails  and  mdse 107 

American  Zinc  Co.,  account  of  East   St.   Louis  iuot 121 

Ames,    Carlos,    services 109 

Anable,    E.    W.,    services 109 

Armbruster   Mfg.    Co.,    R.    H 141 

Armour  Ammonia   Works,    ammonia 107 

Armour  &   Co.,   account  of  East   St.   Louis   riot 121 

Armour  &    Company,    steers,    meat,    etc 105 

Armour  Glue  Works,  white  glue   and  mdse 107 

Armour  Leather  Co.,   shoe  soles   and   leather 105 

Armstrong,    J.    E.,    services 102 

Arthur  Young  and  Company,  services  Pension  Laws  Commission 210 

Automobile    Supply   Co.,   the,    supplies Ill 

Bacon,    W.   C 141 

Bailey,    Ruth,    salary 104 

Baldwin,  Abraham,  cadet  gray  clothes 107 

Ball,    T.    E 141 

Balsley,     Charles,     injuries 117 

Barnard  &  Miller,   printing  briefs    (2) 208 

Barnhart  Bros.   &  Spindler,   inks,  glue,   etc 107 

miter ing  machine 107 

staples  and  merchandise 106 

Barton,   Francis   M.,   services 208 

Barton,    Lon,    services 109 

Bater,    William,    services 109 

Bearslee   Chandelier  Mfg.   Company,   silk   cord 107 

Beatty,  D.  B.,  account  of  East  St.  Louis  riot 121 

Bell,    R.    O..,    services ' 109 

Bell  Telephone  Co.,  account  of  East  St.  Louis  riot 121 

Bennett,    Chas.    H.,    services 109 

Berkeley,    Anne,    salary 104 

Berlin  Mills  Company,   paper  and   freight 107 

Bever,    S.    D.,    services 109 

B.  Goedde  &  Co.,   account  of  East  St.  Louis  riot 121 

Bickett  Coal  &  Coke  Co.,   coal,   etc 105 

Bissel,  Chas.  H.,  refund  of  inheritance  tax 101 

Bogardus,    A.    H.,    expenses 114 

Booth  Fisheries  Co.,  for  mdse.  furnished  industrial  home  for  blind...  113 

Booths   Union  Market   trout  and  mackerel 106 


INDEX.  1027 


Appropriations — Continued.  fagb. 

relief — continued. 

Boston  Safe  Deposit  and  Trust  Company,  refund  of  inheritance  tax...  10 L 

Botkin,    C.    O.,    services log 

Bradner   Smith   &   Company,   printing,   stationery  and  supplies 106 

Branstitter,    Helen,    death 116 

Brewer,   L.    E.,   services 109 

British   Bureau   of  Information 141 

Brooks,   H.   E.,   services 109 

Brown,    Margaret,    salary 104 

Brucks,    Tony,    expenses 114 

Buchanan-Daly   Co.,   lumber 105 

Buckie   Printing   Ink    Co.,    inks ; 107 

Buell,    E.    B.,    services 109 

Burns,    Frank   J.,    services   and   expenses 117 

Butler,    Robert,    services 109 

Butterworth,    Geo.,    services 109 

Byrnes,  Geo.   J.,   expenses 114 

Byrns,    Margaret,    salary 104 

Califf,    John   A.,    services 109 

Cameron,    Amberg  &   Company,   binders 107 

stationery 113 

Campbell,   Bruce  A.,   account  East   St.    Louis   riot 121 

Campbell,   E.   H.,    services .' 109 

Campbell  Holton  &  Company,   apple  butter  and  mdse 108 

Campbell.   John  M.,   refund  of  inheritance  tax 100 

Campbell  Tent,  Awning  &  Mfg.  Co 141 

Cannon,   J.   H.,   services 109 

C.   &  A,   Railway  Co 141 

CarTey,  H.   B 141 

Carson  Pirie  Scott  &  Company,  mdse.  and  supplies 108 

Carter,    Laura,    salary 104 

Carter,   Mary  D.,    salary 104 

Casein   Mfg.    Co.,   texet   sizing 108 

C.   C.   Conn,   Ltd.,  musical   instruments 108 

Central    Garage,    repairs    and    service Ill 

Central  Union  Telephone  Co 141 

Certainteed  Prod.   Corp.,  account  East  St.  Louis  riot 121 

Chas.    Truax,    Inc 142 

Chicago  &  Alton  R.  R.   Co.,   freight 108 

tickets    to    inspectors Ill 

Chicago  Artificial  Ice  Co.,   service  May  &  June 113 

Chicago,  Burlington  &  Quincy  R.   R.,  tickets  to  inspectors Ill 

Chicago  &  Eastern  Illinois  R.   R.,  tickets  to  inspectors 112 

Chicago  Herald,  legal  notices  for  inspectors Ill 

Chicago  Machinery  Exchange,   casting  repairs  and  mdse 108 

Chicago.  Milwaukee  &  St.  Paul  R.  R.  tickets  to  inspectors Ill 

Chicago  &  Northwestern  R.   R.,   tickets   to  train   inspectors '.  .  .  112 

Chicago,  Peo'ria  and  St.  Louis  R.   R.   Co.,   freight 106 

Chicago,  Rock  Island  &  Pacific  Ry.   Co.,   freight 105 

tickets  to  inspectors Ill 

Chicago  Serum    Company,    serum IIS 

Chicago  Surface    Lines,    street    car   tickets Ill 

Chicago  Telephone   Co.,   excess   messages,    tolls 113 

tolls    208 

Chicago  Towel    Co.,    service   June 113 

towels    for   June,    1917 113 

Chicago,   Wilmington    &    Franklin    Coal    Co.,    coal 107 

City  Hall    Square   Co.,   equipment  and   repairs 113 

Clark,    James,    services 109 

Cleary,   E.   P.,   salary 104 


1028  INDEX. 


Appropriations — Continued.  page. 

relief — continued. 

Clinton,    T.    F.,    services 110 

Close,    N.    H.,    services 109 

Coffey,    John    J.,    salary 115 

Commonwealth  Edison   Company,   electric  light,   fixtures 113 

Commonwealth  Trust    Company   refund   of   inheritance   tax 100 

Conroy,    ft.    J.,    services 109 

Consolidated  Press  Clipping  Co.,  The,  service  to  Public  Utilities 112 

Conway    Building,    Chicago,    ice,    light,    etc 208 

Cook,    J.    H.,    services 109 

Cox,  N.  W.,   salary 115 

Crescent   Paper   Company,    indian   kraft 108 

Cudahy  Packing   Co.,   meats,   etc 106 

supplies    and    mdse 107 

Cullen,    M.    S.,    services 109 

Cunningham,    H.    A , 141 

■     Daily  and   O'Brien,   refund 209 

David  J.   Malloy  Company,   The,   supplies 108 

Davis,    Amanda,    salary 104 

Davy,    May,    death   of   husband 119 

Deane,    David,    services 109 

Dearborn   Paper   Company,    ledger,   index,    etc 108 

Deming,    A.    W.,    services 109 

Dempster,  William,   refund  of  inheritance  tax 101 

Dennison    Mfg.    Company,    yellow    gauze,    etc 108 

De  Vilbiss  Mfg.  Company,   electric  fans 108 

Devitt,    Jennie    F.,    salary • 104 

Diehm,   Albert,   account  East   St.   Louis   riot 121 

Doan,  G 141 

Dockum,    R.    M 141 

Dolan,   R.   E.,   services. 109 

Donovan,    John   J 141 

Dougherty,    Thomas    S.,    services 109 

Downey,    Peter   A.,    services 102 

Downs,  William  F.,  award  of  Circuit  Court 210 

Doyle,    J.    F.    services 109 

Drennen,   Roscoe  L.,   damages 119 

Dudley,    Ira    M 141 

Duncan,    J.    W.,    services 109 

Dunn,    Philip   R.,    expenses 114 

Durand  &  Kasper  Co.,   beans  and  cloves 106 

flour,    mdse 106 

Durr,    M.    J.,    expenses 114 

E.  A.  Armstrong  Mfg.   Co.,  busby,  maroon 107 

Eadie,    Robert,    expense   account 113 

East  Side  Packing  Co.,  account  East  St.  Louis  riot 121 

•     East  St.  Louis  Cotton  Oil  Co.,  account  East  St.  Louis  riot ' 121 

East  St.  Louis  Light  &  Power  Co.,  account  East  St.  Louis  riot 12] 

East  St.  Louis  Railway  Co.,   account  East  St.   Louis  riot 12] 

East. St.  Louis  &  Suburban  Railway  Co.,  account  East  St.  Louis  riot.  .  12] 

E.  B.  Kipp  &  Son,  cypress  lumber,  hard  coal,  brick,  etc 108 

Eby,   M.  W.,   services 109 

Eby,    Perry,    services 109 

Edgar,  Jeanne,  death  of  husband.  .  .  . '. 116 

Edwards,  Inanda  M.,   refund   of  inheritance   tax 100 

Edwards,  Minnie   P.,   refund  of  inheritance  tax 101 

Edwards,   O.   L.,   services 109 

Eldon,    James,    services 109 

Electric  Appliance   Company,    electric   supplies 108 


INDEX.  1029 


Appropriations — Continued.  page. 

relief — continued. 

Elgin,   Joliet  &  Eastern  Ry.   Co.,  cement  and   freight 105 

demurrage    103 

Elliott,    C.   W.,    services 109 

Elliott  Frog  &  Switch  Co.,  account  East  St.  Louis  riot 121 

Fagan,   J.   D.,   services 209 

Fairlie,   James,   expenses 103 

Famous   5  &  10,   The,   hooks  and  sinkers 108 

F.  A.  Rauch  Company,  burlap,  webbing  and  supplies Ill 

F.   H.   Pfeiffer  Crockery  Co.,   queensware Ill 

Fibre  Grand  Company,   cord,   fibre 108 

Fidelity  Mutual  Life  Insurance  Company,  refund  of  insurance  tax....    103 

Fiske,  Andrew,  refund  of  inheritance  tax 101 

Flanagan  &   Co.,   inkwells 108 

Fleischmann    Company,    The,    yeast   and   mdse :  ....  107,   108 

Follmer,    C.    H.,    services Ill 

Forrester,    C.    R.    G.,    testifying 113 

Fortin,  Joseph  T.,  services 208 

Francis,    C.    M.    services 109 

Fred  D.   Nellis   Coal   Company,   services 122 

Frisch,    Jacob 141 

Gallivan,    J.    E.,    expenses 114 

Gamber,    John    G.,    expenses 113 

Gane   Brothers   &   Company,   mdse 108 

Gann,   Lulu  M.,   publication   of   notices 102 

Garden,  John  E.,  refund  of  inheritance  tax 100 

Geise,    Antone,    services 109 

General   Chemical   Co.,   account  East   St.   Louis  riot 121 

George,  D.  W.,  salary 104 

Geo.  S.  Mepham  &  Co.,  account  East  St.  Louis  riot 121 

Gerland,   H.    C,   services 109 

Gillett,    Alma,    salary 104 

Gillett,  Fred  H.,  injuries   • 122 

Globe-Wernicke    Co.,    equipment 113 

Goodale,    M.    M.,    services .' .    109 

Goodall,   Don   T.,   services 109 

Googerty,    Thos.,    services 109 

Gourly,    J.    F.,    services Ill 

Grace,   Blanche  E.,   reporting 113 

Grafton   &  Knight   Mfg.    Co.,   balance   invoice 105 

Grand  Rapids  Varnish  Company,   enamel,   etc 108 

Grand  Rapids  Wood  Finishing  Co.,  solvent  mdse 108 

Grant   Chemical  Co.,   account  East  St.   Louis  riot 121 

Gravel    Springs    Co 141 

water  service 113 

Gravenhorst,   A.   H,   services 109 

Graves,    W.    C,    services 109 

Greeley,   Thomas  A.,  expenses 114 

Greenduck    Co 141 

Gregory,   McCutcheon 141 

Haenig   Electric    Co 141 

Hagarty,    C.    M.,    services 109 

Hall,   William  F 141 

Harhafom,    W.    J.,    expenses 114 

Hamlin,  John  E.,   account  East   St.  Louis  riot 122 

Hammar  Bros.  White  Lead  Co.,  account  East  St.  Louis  riot 121 

Hancock,    H.    C,    services 110 

Hancock,    John    B.,    services 109 

Hanley,  J.  T.,  services  and  expenses 103 

Harkins,   Michael,    services 110 


1030  INDEX. 


Appropriations — Continued.  page. 

relief- — continued. 

Harkness,   Edward   S.,    refund   of  inheritance   tax 100 

Harlan,    M.,    services 110 

Harper,    Robert,    expenses 114 

Harrell,    T.    M.,    services 110 

Harris,   G.   H 142 

Hauss,  W.  H.  account  East  St.  Louis  riot 122 

Hayden,    Josephine,    salary 104 

Hazell,   E.    F.,    salary 115 

H.    Channon    Company,    oval    belting 107 

H.   C.   Stone  Lumber  Company,   car  of  lumber,   etc Ill 

Heard,   Oscar  E.,  Jr.,   services  as  court  reporter 102 

Heine,    F.    H,    services 109 

Henke,    Henry,    injuries 116 

Henson    Robinson    Co 142 

Hess,    Alice    Ahlfed,    services 107 

H.   Halvorsen   Company,   woolens,   canvas  cloth  and  mdse 108 

Hibbard,   Spencer,   Bartlett  &  Co.,   supplies  and  mdse 108 

Hill,  Arthur   D.,    refund    of    inheritance    tax 100 

Hill,  H.    M.,    account   East    St.    Louis    riot 122 

Hill,  W.    S.,    services 110 

Hines,    W.    A.,    Services 110 

H.    Johnson    &    Co.,    mdse 107 

H.   O.   Erickson   &   Son,   cement.  . 108 

Hogan,    Thomas    S.,    services # 117 

Holland,  Edward,     expenses 114 

Holland,  J.    H.,    services 110 

Holmon   Soap  Company,   soap,  powder,   etc 108 

Hooker,  H.   M.,   turpentine,  brushes  and  mdse 108 

Hornbeck,   Brewster  B.,   refund  of  inheritance  tax 102 

Howard,    Belle,    salary 104 

Howes    Bros.    Company,    leather   goods 108 

Huening,   John  W.,   services,   board  horseshoers 113 

Hygrade   Lamp   Company,   lamp   supplies 108 

Ideal  Pattern  &  Machine  Works,   columns 108 

Illinois   Central  Railroad   Company,   freight  bills 108 

tickets    furnished 102 

tickets    to    inspectors Ill 

Illinois  Lithographing  &  Label  Company,   envelopes 106 

letterheads   106 

Illinois   Printing  Co 142 

stationery   and   supplies 107 

Illinois  State  Journal 142 

Illinois  State    Register 142 

Ingels,    J 142 

Ingersoll-Rand   Company,   bolts   and   fittings 108 

Inter-State   Ind.   Tel.   &   Tel.   Co 142 

Jackson,    Anne   W.,    salary 104 

Jahnke,    F.    W.,    services 110 

Janssen,   H.    F.,   coat   sto^n 106 

Jeffersons  Printing  Company,  books,   pens,   etc 106 

construction     paper 106 

estimate    blanks,    etc 107 

pencils   and   mdse 107 

rubber  bands,   tablets,    etc 106 

sliding    shelves 112 

stationery  and   supplies 106 

tablets   and  supplies 107 

Jenkins,    W.    H.,    services 109 

J.  F.  Humphreys  &  Company,  flour,  mdse 108 


INDEX.  1031 


Appropriations — Continued.  page. 

relief — continued.  > 

John   B.   Wiggins  Company,   engraved   cards HI 

John    W.    Bunn    &    Co 141 

Joliet  Bridge  &   Iron    Company,    beams,    etc 105 

Joliet  Printing  Company,  balance  of  invoice 105 

Joliet  Republican   Printing  Co.,   record  cards,  etc 105 

Jones,    C.    C,    services 110 

Jones,    James    W.,    services 1 1 0 

Jordan,    B.,    services 110 

Jordon,  Edith,   salary 104 

Jordon,  Helen,  salary 104 

Joseph  T.  Ryerson  &  Son,  hardware Ill 

Jourdan  Packing  Co.,  bacon  and  hams 106 

Joyce,  M.  V.,  account  East  St.  Louis  riot 121 

J.    Thayer   &   Co 142 

Juul,   Neils,    Jr.,   expenses 114 

Kane,  Jno.  T.,  office  rent,  horseshoers  board 113 

Kane,    Michael    B.,    services 208 

Kannmacker,    A.,   services Ill 

Kilgore   Linotyping   Company,   printing 108 

Kingsley,    Anna,    salary 104 

Klaholt,  A.  W.,  for  goods  furnished  Elgin  State  hospital 113 

supplies  and  mdse 108 

Klebosky,  Frank  A.,   injury  in  military  service 113 

Kochly,    Anthony    J.,    services 209 

Kozak,   J.   H.,   services 110 

Kramer,   E.  C,   account   East  St.   Louis   riot 121 

Krein,   H.   M.,   services 110 

Kroupa,    Joseph    J.,    refund 209 

Krueger,    Minnie    B.,    salary 104 

Kruger,     Chas.,     services 110 

Laclede  Steel  Co.,  account  East  St.  Louis  riot 121 

Laird,   Dr.    F.   A 142 

Lannon,   S.    B.,   services 110 

Latham  Machinery  Company,   lunch  blocks 108 

Layfield,    E.    N.,    services   and    expenses 103 

L.   C.   Chase   &  Company,   upholstering 108 

Lee,  A.    B.,    services 110 

Lee,  Louise,    salary 104 

Leet,   Martha  Ruddy,   refund   of  inheritance   tax 100 

Legreid,    S.,    expenses 113 

Lilly  Coal   Company,   coal 10S 

Lindgren,  Philip  C,  refund  of  inheritance  tax 101 

Locklar,   Martha   Mrs.    (Admx. ),   expense  as  court  messenger 112 

Logan,    D.    M.,    services 110 

Louthan,  Howard  C,  refund  of  inheritance  tax 123 

Lowery,    William    P 142 

Lucas,    Ross,    services 110 

Ludonica   Celador   Co.,   tile    and   trimmings 106 

Luer  Bros.  Packing  and  Ice  Co.,   ice 107 

Lussky,   White   &   Coolidge,    fabrics,   thread 108 

Lyon   &   Healy,   school  music 108 

Lyons,  B.  M.,   services 110 

Lytton,    R.    B.,   expenses 114 

Mackin,    James,    services Ill 

Macomber,   Phylis,   salary 104 

Macpherson    &    Edwards 142 

Malone,    C.    J.,    services Ill 

Manufacturers'   Office  Equipment  Company,   desks,  chairs,   etc 208 

Marie  Murphy's  Letter  Shop,   stenographic  work 113 


1032  INDEX. 


Appropriations — Continued.  page. 

relief — continued.  -  i 

Martin,   Mary  L.,   salary 104 

Matthiesen,  Frederick  W.,  refund  of  inheritance  tax 123 

Mauer  Ice  &  Coal   Co 142 

Mayhew,    Herman,    services 110 

McAllister,   H.,   services 110 

McClurg  &   Company,   dictionaries,   binding 108 

McCormick-Grant,    seed    oats 108 

McCoy  Laundry   Co 142 

McGlynn,   Dan,   account  East   St.   Louis   riot 121 

Mclntyre,   Wm.,   services 110 

McKuen,    Kate,    services 109 

McLean,  N.   C,  account  East  St.   Louis  riot 122 

McMurtrie,    L.    C,    expenses 113 

McNeill  &  Higgins  Co.,  mackerel,  fish 108 

McPartling,   Hugh  P.,  butter  and  mdse 106 

McReynolds,    Geo.,    services 110 

McRoberts,  James  "W.,  account  East  St.  Louis  riot 121 

Mergenthaler  Linotype    Company,    machinery 108 

Miller  Bryant  Pierce  Company,  paper 106 

Millington,     H.    L 142 

Minneapolis,  St.  Paul  &  Sault  St.  Marie  Ry.,  inspectors  tickets Ill 

Missouri  Malleable   Iron   Co.,   account  East   St.   Louis  riot 121 

Mitchell,  Anna  T.,   injury  to  hand  and  finger 113 

M.  J.  Neahr  &  Co.,  grain  bags 112 

Monaghan,    James    L.,    bond    premiums Ill 

Moore,   Case,   Lyman  &  Hubbard,    insurance 108 

Moore,  Francis  J.,   refund  of  inheritance  tax 100 

Moore,  Lora  J.,  refund  of  inheritance  tax 100 

Morris  &  Co.,  account  East  St.  Louis  riot 121 

Morris,    Ed.,    blacksmith,    labor 108 

Morrish,    Ross,    services 110 

Morse  John  T.,   Jr.,  refund  of  inheritance  tax 101 

Murphy,  Albert,   services 110 

Murphy,  Richard    J.,    refund 209 

Musham,  John  W.,  services  and  expenses 103 

National  Gum  &   Mica   Company,    glue,   mica 108 

National  Implement  Vehicle  Show,   State  aid  to  county  fairs 210 

National  Lead  Company,  babbitt  and  supplies 106 

Newell,   F.   H,   services   and  expenses 103 

New  Jersey  Car  Spring  &  Rubber  Co.,  belting 106 

New  York   Central  R.    R.,   inspectors  tickets 112 

N.   O.  Nelson  Mfg.   Company,   piping,  valves 108 

Nora,  D.  Ernest,   refund,   medical  examination   fee 113 

North,   James   W.,   death 115 

Norton,    Matt    E.,    expenses 113 

Noyes,     Sarah,     salary 104 

N.   Trainor  &  Son 142 

Nulsen,  F.  E.,  account  East  St.  Louis  riot 121 

Oakman,  Walter   G.,   refund  of  inheritance  tax 101 

O'Connor,   C.    F.,    salary 114 

O'Connor,   James  L.,  refund 208 

Oldfield,    A.    A.    services 208 

CLeary,    Patrick,    services 110 

Omer,    Oscar,    services 110 

O'Neill  Oil  &  Paint  Company,   enamel,  mdse 108 

Orr,  Delia  M.,  sa'ary 104 

Osborne,   Charles  B.,   refund  of  inheritance  tax 102 

O.  W.   Huncke  &  Company,   premiums  on  bonds   for  employees 103 

Paasche   Air    Brush    Co.,    fan    blades,    etc Ill 


INDEX.  1033 


Appropriations — Continued.  page. 

relief — continued. 

Parsons,  D.  E.,  account  East  St.  Louis  riot 121 

Pathescope    Co.,    The 142 

Pearson,  Mrs.  J.  L.,   death  of  husband :  .  210 

Penn   Mutual  Life   Insurance   Company,   refund   of  inheritance   tax.  ...  103 

Perkins,   George   F.,    Jr.,    refund   of   inheritance   tax 100 

Perkins,   Herbert  F.,  refund  of  inheritance  tax .  100 

Perrin,   B.  F.,   services 110 

Phillips    Bros 142 

Phillips,   Charlotte  Mary,   refund  of  inheritance  tax 99 

Pierce,  Charles  A.,  executric  of,   services  and  expenses 103 

Pittsburg  Coal  Company,  coal  delivered Ill 

P.  J.  O'Brien  &  Company,  brick 107 

Piatt,    Ben,    services 110 

Pope,   C.  E.,   account  East  St.   Louis  riot 121 

Powers,    R.    B 142 

Price,    Wm.    R.,    expenses 114 

Printen,    W.    J.,    services 110 

Prison   Supply   Company,   cloths   and  fabrics Ill 

Pruyn,    C.    P.,    salary 115 

Public   Service   Company   of   Northern    Illinois,   water   supplied 104 

Purcsll,   Henry,   refund  of  inheritance  tax 101 

Putnam,  G.   H.,   salary 104 

Quinn,    J.,    services 110 

Race,  Effie  J.,   salary 104 

Reeb,  C,  account  East  St.  Louis  riot 121 

Reed,    C.    M.,    services '. 110 

Reick  Langendorf  &  Voght  Co.,  wire  nails,  etc Ill 

Reid,  J.  F.,  account  East  St.  Louis  riot 121 

Reidel,    Freda,    death 124 

Reiss,  H.  J.,  services 110 

Reliable  Pure  Ice  Company,  ice  furnished  June  1917 113 

Renwick,    G.    H.,    services 110 

Republic  Metalware   Co.,   wire  soldering Ill 

R.    H.    Armbruster    Mfg.    Co ! 141 

Richards,    John    H.,    expenses 114 

Richardson,    Wm.,     services 110 

Ricker,    N.    Clifford,    services 20S 

Ringley,    Fred   J.,    inspectors   printing  bills 112 

Roberts,    Chas.    J 114 

Roesch,   M.   G.,   services Ill 

Ross,    John,    services 109 

Roughton,  Van  D.,  services 109 

Rudin,    Fred    R 142 

Russell,   Catherine,   salary 104 

Russell,   Margaret,    salary 104 

Sandberg,    Irene,    salary 104 

Sawyer,    Amos,    salary 115 

Scagnelli,   Ernest   B.,   auto   supplies 106 

Schafer,    Joe 142 

Schlitt,   Fred   P 142 

Schneider,    J.    Maude,    services , 109 

Schneider,   Wm.    H.,    services Ill 

School  District  No.  131,  Rochelle,  educating  deaf  and  dumb 105 

Schroeder,    Godfrey    A.,    refund 209 

Schwab,    Minnie,    death 116 

Scott,    J.    O.,    services 110 

Scouller,  Dr.  Jno.  D.,  services  rendered Ill 

Sears,   Roebuck  &  Co 142 

Shattuck  &  McKay,   inspectors   printing  bills 112 


1034  INDEX. 


Appropriations — Continued.  page. 

relief- — continued. 

Sheehan,    Jas.    D 142 

Shelton,    Maude,    services 107 

Sheridan,  Laura,  salary 104 

Sheridan,   Mary  J.,  salary 104 

Sheridan,   Thomas   J.,    injuries 122 

Sherman,   Clay  &  Co.,  school  supplies Ill 

Silver   Cross   Hospital,   services 106 

Simater,    Mary   B.,    services 109 

Singer  Sewing-  Machine  Co.,  machine  and  oil Ill 

Smith,  •  B.    A.,    salary 115 

Smith,   Prank   J.,    injuries 116 

services 110 

Smith  J.    A.,    services 110 

Smith,   Mrs.    Pauline,    injuries 125 

Snedeker,   J.   Q.,   expenses 114 

Snethen,   Edgar,   services 110 

Snyder,   Harry,    salary 104 

Snyder,  Louis  J.,   refund  of  inheritance  tax 100 

Spring-field  Coal    Company,    switching   charges    on    coal 106 

Springfield  Co-operative    Coal    Co 142 

Springfield  Gas   &   Electric    Co 142 

Springfield  Implement  Co 142 

Springfield    News-Record 142 

Spruit,    C,    salary 104 

Spruit,    Florence,    salary 104 

Standard  Blue  Print  and  Supply  Co.,   for  stamping,  mailing,   etc 113 

Standard  Oil   Co 142 

gasoline    and    mdse Ill 

gasoline,  etc 112 

St.  Clair  County  Gas  &  Electric  Co 121 

Stephenson   Mfg.    Company,    maple    rollers Ill 

Sterling,    Fred    E 142 

Stewart,    R.    G.,    services 110 

Stewart,  W.   H.,  services 110 

St.   Louis  National   Stock  Yards,   account  East   St.   Louis  riot 121 

Stout,    Harry    E 142 

Stowell,    Charles   C,   administratrix  of,   services   and   expenses 103 

St.    Patrick's    Church 142 

Striffler    Ice    &    Coal   Co 142 

Strong,    Thos.    R 142 

Stuart,    D.    A.,    engine    oils 112 

Stubblefield,   Dr.   Frank   A.,   salary , 103 

Stuebe,    Leonard    F.   W.,    expenses 208 

Sudendorf,   E 142 

Sullivan,    John    F 112 

Sullivan   Oil   Company,   engine   oils,   etc Ill 

Swift    &    Co 142 

account  East  St.  Louis  riot 121 

hams,   meat  and   mdse Ill 

Swift,    H.    T.,    services 102 

Taft,    Carolyn,    salary 104 

Tanner,  Annie,    salary 104 

Tanner,   James  E.,  expense  account , 113 

Taylor,    C.    W.,    salary 104 

Telford,   G.   L.,   services 110 

Thatcher,  Mahlon  D.,  Jr.,  refund  of  inheritance  tax 100 

Tibbetts,    L.    O.,    services 110 

Thomas,  R.   R.,  account  East   St.   Louis  riot 121 

Thompson,    Joseph   E.,    damages 126 


INDEX.  L035 


Appropriations — Continued.  page. 

relief' — concluded. 

Thos.  E.  Wilson  &  Co.,  mdse.  furnished 112 

Troxell,   Kikendall   &   Company,    bond   premium 112 

Trumbo,  W.   S 142 

Trumbo,  Z.   T.,   services 109 

Tucker,    Nellie,    reporting 113 

Turner,    F.    C,    services 110 

Underwood    Typewriter    Co.,    repairs 113 

supplies    to    Utilities    Commission 112 

United  Shoe   Machinery   Corporation,    rounding   machine 106 

United  States  Trust  Company,  refund  of  inheritance  tax 101 

Upham,  Mary  C,   salary 104 

Usedom,    Robt:    P 142 

U.  S.  Fidelity  &  Guaranty  Co.,  premium  on  bonds Ill 

Van  Buren,   J.  W.,   services Ill 

Van   Camp  Manufacturing   Company,   varnish   and  mdse Ill 

Vaughn,   J.   B.,   expense  account 113 

Venner,   James  Kent,    death 128 

Vilter  Manufacturing  Company,  rope  and  couplings Ill 

Vincent,   Margaret,   publication   of   notices 102 

Wabash   Railroad    Company,    freight    bills Ill 

Wahl,    W,    L.,    services 110 

Walters,    Charles,    injuries 12S 

Walton,    Idella,    salary 104 

Watkins,    Oscar,    death 116 

Way,   C.   H.,  account  East  St.   Louis  riot 121 

Webster,  Ralph  W.,  refund  of  corporation  fee 113 

Weil    Bros.,    hydrant    and    valves Ill 

Wentworth,  L.  Roger,   refund  of  inheritance  tax 101 

Werden,   Buck,   cement,  lime,  etc 105 

Westcott,   Oliver  J.,   refund  of  inheritance  tax 101 

Western  Electric  Company,   mazdas,   screws 107 

Western  Union    Telegraph    Co 112 

messages    and    service 112 

services  for  June,    1917 113 

services  for  May  and  June 113 

telegrams    112 

clock  timing  rental Ill 

Western  United  Gas  and  Electric  Company,   electricity  and  gas 105 

Westinghouse  Electric  &  Mfg.   Company,   supplies 106 

Whalen,    W.    F.,    salary 114 

Whipple,   Henry  L.,   salary 114 

Wicklander,    F.    J.,    services 110 

Wilder  &  Company,   leather  goods Ill 

Wilder  Tanning  Company,  leather  and  mdse Ill 

Will    County,   court   costs 102,   103 

Wilson  &  Company,  beef  and  meats 106 

leather    and    mdse Ill 

Wilson  Jones  Loose  Leaf  Company,   metal  leaf,   etc Ill 

W.  J.  Horn  Posting  Sign  System 142 

Wm.   A.    Iden   Company,   hemp,   twine 10S 

Wolf,   Paul   C,   services 110 

Wood,   C,    salary 104 

Wood,  Frances    S.,    salary 104 

Wood,  Morris  &  Sons,  machinery  and  mdse Ill 

Woodruff,  Eugene  Cyrus,  refund  of  inheritance  tax 102 

Year   Book   Publishers,   The,   books   printed 107 

Yoder,   Carl   H.,   services 103 

Young,  Annie,   salary 104 

Youngreen,    J.    L.,    services 110 

Zoline,    Elijah    N.,    services 117 


1036  INDEX. 


Appropriations — Concluded.  page. 

Roads   and   bridges — acquisition    of   lands 129 

Federal    aid    roads 131,  133 

emergency    132 

unexpended  balance 130 

State    aid    roads 139,  140 

Salary  Investigation   Commission 134 

Secretary   of   State,    court   of   claims,    emergency 137 

deficiency    136 

ordinary   and   contingent 156 

purchase  of  painting  of  Fourth  Lincoln-Douglas  debate 209 

soldiers'   widows'   home  of  Illinois,    The 149 

southern  Illinois  penitentiary,   The 151 

additional    machinery 137 

deficiency 144 

Springfield,    local    improvements 138 

State    Board    of   Agriculture,    relief   of   various   parties    in    connection   with 

Illinois    Centennial    State    Fair 141 

State  Historical  Library,  history  of  world  war 82 

State  penal  and  reformatory  institutions,    additional 86 

emergency    86,   87,   96 

State  training  school  for  girls,  The 150 

deficiency    143 

State  treasurer,  ordinary  and  contingent 162 

St.    Charles  school  for  boys,    The 150 

deficiency    143 

superintendent  of  public  instruction,   ordinary  and  contingent 163 

Supreme   Court,   ordinary  and  contingent 166 

Supreme  Court   reporter,    ordinary   and    contingent 167 

uniform  laws  commission,  ordinary  and  contingent 206 

University    of    Illinois 142,  212 

Vicksburg   military    statue    commission,    re-appropriation 210 

Watertown    State    Hospital,    The 146 

deficiency    143 

Woman's    Prison,    The 151 

Zion    Investigating    Commission 215 

Arbitrations  and  Awards — decisions   on  questions  of  law 216 

Architects — regulation    and    licensing 218 

Argus   Printing  House,   The — appropriation 98 

Armories — appropriation,   armory   at   Danville 95 

armory  at  Peoria    95 

Armour  Ammonia  Works — appropriation 107 

Armour    &    Company — appropriation 105,   121 

Armour   Glue  Works — appropriation 107 

Armour   Leather    Co. — appropriation 105 

Armstrong,   J.    E. — appropriation ■ 102 

Arthur  Young  and   Company — appropriation 210 

Assessment  of  Property — publication  of  lists 725 

schedule    and   valuation 727 

State    tax    commission 718 

Attorney    General — appropriation,    deficiency 57 

appropriation,    dissolving    corporations 58 

enforcement  of  Search  and  Seizure  Law 136 

ordinary   and   contingent 164 

salaries   77 

corporations,    failure   to   make    annual   report 294 

Attorneys,  City — appointment 265 

Auditor  of  Public   Accounts — appropriation,    deficiency 56 

appropriation,    ordinary   and   contingent 158 

salary    76 

Automobile  Supply  Co.,  The — appropriation Ill 


INDEX.  1037 


PAGE. 

Bacon,   W.    C — appropriation 141 

Bail — examination,    approval,    etc 421 

Bailey,  Ruth — appropriation 104 

Baldwin,   Abraham — appropriation 107 

Ball,    T.    E. — appropriation 141 

Balsley,  Charles — appropriation 117 

Banks  and  Banking — administration  of   trusts 223 

revision   of   law 224 

Barnard    and    Miller — appropriation 208 

Barnhart  Bros.   &  Spindler — appropriation 106,  107 

Barton,   Francis    M. — appropriation 208 

Barton,    Lon — appropriation 109 

Bastardy — proceedings,    trial,   payments,    etc 422 

Bater,    William — appropriation 109 

Beardslee   Chandelier  Mfg.   Company — appropriation 107 

Beatty,   D,    B. — appropriation 121 

Bedding — manufacture,  tagging  and  labeling 236 

Bell,    R.    O. — appropriation .' 109 

Bell  Telephone  Co. — appropriation 121 

Bennett,    Chas.    H. — appropriation 109 

Berkeley,   Anne — appropriation 104 

Berlin  Mills   Company — appropriation 107 

Bever,    S.    D. — appropriation 109 

B.  Goedde  &  Co. — appropriation 121 

Bickett  Coal  &  Coke  Co. — appropriation 105 

Bissel,    Chas.    H. — appropriation 101 

Blue    Sky — see    "Illinois    Securities    Law." 

Boarding  Homes — children,   regulation 249 

Board  of  Review — see  "Revenue." 

Boards  and  Commissions — Illinois  farm  commission 83 

Illinois  housing  and  building  commission 591 

immigrants  commission — appointment  and  duties 8 

mining    investigation    commission 89 

park  employees  annuity  and  benefit  fund 785 

salary   investigation   commission 134 

State    tax    commission 9 

surveyors,    board   of 966 

vocational  education 928 

appropriation,    ordinary   and   contingent 206 

Zion    investigating    commission 215 

Bogardus,  A.   H.- — appropriation 114 

Bonds — community  buildings 734 

Illinois  Waterway '. 988 

Lincoln  Park,   issue  authorized 238 

park   commissioners,   who  may  issue 693 

school   districts   may   issue 896 

school   treasurers 897 

United   States,   sale  and  purchase  regulated 240 

Booth    Fisheries    Co. — appropriation 113 

Booths    Union   Market — appropriation 106 

Boston  Safe  Deposit  and  Trust  Company — appropriation 101 

Botkin,    C.    O. — appropriation 109 

Boulevards — see  "Parks  and  Boulevards." 

Bradner  Smith  &  Company — appropriation . .  .  106 

Branstitter,  Helen,  legal  representative  of,   appropriation 116 

Brewer,   L.    B. — appropriation 109 

Bridges — see  "Roads  and  Bridges." 

British  Bureau  of   Information — appropriation 141 

Brooks,   H.   E. — appropriation 109 

Brown,  Margaret — appropriation 104 


1038  INDEX. 


PAGB. 

Brucks,    Tony- — appropriation 114 

Buchanan-Daly   Co. — appropriation 105 

Buckie  Printing  Ink  Co. — appropriation 107 

Buell,   E.    B. — appropriation 109 

Building  and  Loan  Association — -revision  of  law 297 

Burial — soldiers  and  sailors  by  counties 369 

Burns,    Frank   J. — appropriation 117 

Butler,,  Robert — appropriation 109 

Bdtterworth,    Geo. — appropriation 109 

Byrnes,    Geo.    J. — appropriation 114 

Byrns,    Margaret — appropriation 104 

Cailiff,    John   A. — appropriation 109 

Cameron,   Ambekg   &   Company — appropriations 107,  113 

Campbell,   Bruce   A. — appropriation 121 

Campbell,  E.   H. — appropriation 109 

Campbell  Holton  &  Company — appropriation 108 

Campbell,    John    M. — appropriation 100 

Campbell  Tent,  Awning  &  Mfg.  Co. — appropriation 141 

Candidates — see  "Elections." 

Cannon,   J   H. — appropriation 109 

C.   &  A.    Railway   Co. — appropriation 141 

Carley,   H.    B. — appropriation 141 

Carson  Pirie   Scott  &  Company — appropriation 108 

Carter,    Laura — appropriation 104 

Carter,    Mary    D. — appropriation 104 

Casein   Mfg.    Co. — appropriation 108 

C.    C.    Conn,    Ltd. — appropriation 108 

Centennial  Memorial  Building — appropriation,   ordinary  and  contingent 206 

Central   Garage — appropriation Ill 

Central  Union  Telephone  Co. — appropriation 141 

Certainteed   Prod.    Corp. — appropriation 121 

Certificates — school   teachers 898 

Charities — children,  boarding  homes,   regulation,   etc 249 

conservators    for    incompetents 592 

feeble-minded,    care   and   commitment 241 

home  for  delinquent  boys,  commitment 242 

offenses  against  United  States,   commitment 243 

home   for  juvenile   female   offenders,    commitment 244 

offenses  against  the  United  States,  commitment 242 

paupers,   commitment  to  poor  house 697 

poor  farms  and  poor  houses  by  counties 698 

State  home  for  epileptics,  commitment 244 

State   sanitorium   for  women,   establishment 245 

surgical   institution   for  children 246 

Chester    State    Hospital,    The — appropriation 147 

Chicago — city  officers,   election 269 

redistricting  city  into   50   wards 255 

Chicago  &  Alton   R,   R.    Co. — appropriations 108,  111 

Chicago   Artificial'  Ice   Co. — appropriation 113 

Chicago,  Burlington  &   Quincy — appropriation Ill 

Chicago   &  Eastern    Illinois   R.    R. — appropriation 112 

Chicago   Herald — appropriation Ill 

Chicago  Machinery   Exchange — appropriation 108 

Chicago,  Milwaukee   &   St.   Paul  R.   R. — appropriation Ill 

Chicago  &    Northwestern    R.    R. — appropriation 112 

Chicago,  Peoria  and  St.  Louis  R.  R.   Co. — appropriation 106 

Chicago,  Rock  Island  &'Pacific  Ry.  Co. — appropriations 105,  111 

Chicago  Serum  Company — appropriation 118 


INDEX.  1039 


PAGE. 

Chicago   State  Hospital,   The— appropriation 147,  151 

deficiency    143 

Chicago,  Surface    Lines — appropriation HI 

Chicago  Telephone  Company — appropriation 208 

Chicago  Towel    Co. — appropriations 113 

Chicago,  Wilmington  &  Franklin  Coal  Co. — appropriation 107 

Children — abandonment,     penalty 247 

boarding    homes,    regulation 249 

home   for  delinquent   or   truant 729 

Illinois  surgical  institute  for 87 

prevention  and  punishment  of  wrongs 250 

surgical   institution,    establishment,    maintenance    and    control 246 

Cities  and  Villages — annexation   of  unincorporated   territory 250 

annexing  and  excluding  territory,   submission   to  vote 251 

appropriation    ordinances,    additional    and    supplemental 253 

appropriations    to    meet    emergencies 252 

city    clerk    and   treasurer,    election 254 

civil   service    commissioners,    salary 288 

communicable    diseases,    segregation   and   treatment 589 

community    buildings 266 

establishment    734 

creation  of  residential,   commercial  and  other  districts 262 

division    into    districts 268 

employees,   appointment  and  discharge 274 

employment  offices   and   agencies 532 

fire   and   police   commissioners,    appointment 276 

firemen's  pension   fund,  tax  rate 742,  743 

garbage    removal,    tax    levy 751 

hospitals,    establishment,    tax    levy 753 

levees,    tax    levy 760,  761 

libraries,   organization  of  directors,   etc 639 

tax    levy 774 

monuments  and  memorials,   tax  levy 778,  779 

municipal  coliseums,     tax    levy 782 

municipal  convention   halls 277 

officers,    appointment   and   election 265 

oil    inspection 690 

parks  and  boulevards,  issue  of  bonds  and  tax  levy 824 

tax    levy 815,  816 

pensioning   of    judges 413 

pensions,    municipal   employees,    tax  levy 832 

police  pension   fund,   tax  levy 835,  S37 

playgrounds,    tax   levy 842 

powers    of   officers 279 

public  benefit  fund,  tax  levy 776 

public  buildings,    restoration,    tax   levy 839 

public  comfort   stations,    tax   levy 840,  841 

sewage  and  water  works,  tax  levy 862 

soldiers  and  sailors  given  preference  to  appointment  under  civil  service.  . . .  287 

taxation    for   bonded    indebtedness 730 

corporate    purposes 732 

street  and  bridge  purposes 731 

tuberculosis   sanitariums,    tax   levy 864,  866 

water  works,  tax  levy 869 

City  Hall  Square  Co. — appropriation 113 

Civil  Service — cities,   salary  of  commission 288 

Cook   County,   Act   amended 289 

soldiers  and  sailors  given  preference  to  appointment  by  cities 287 

by   park    commissioners 290 

by  State 292 


1040  INDEX. 


Civil  Service — Concluded.  page. 

State,  officers  and  employees  exempt,  specified 291 

Civil  Service  Commission — appropriation,   ordinary  and  contingent 204 

appropriation,    salaries 77 

Clark,    James — appropriation 109 

Cleary,   B.    P.    appropriation 104 

Clerk   of  Supreme  Court — appropriation,   ordinary  and  contingent 167 

Clinton,    T.    F. — appropriation 110 

Close,    N.    H. — appropriation 109 

Coffey_,  John   J. — appropriation 115 

Coles,  Governor  Edward — monument  to  memory 92 

Coliseums — establishment  by   cities   over   500,000 782 

Comfort   Stations — establishment,    equipment,    etc 840,  841 

Commission  Merchants — regulation  and  license   required 14 

Commissions — see    "Boards   and   Commissions." 

Commonwealth  Edison    Company — appropriation 113 

Commonwealth  Trust    Company — appropriation 100 

Community  Buildings — establishment  by  cities  less   than   5,000 734 

supervision,   etc 266 

Conroy,    R.    J. — appropriation.  .  .  .  ." 109 

Conservators — regulations    592 

Consolidated  Press  Clipping  Co.,  The — appropriation 112 

Conspiracies — collective   sales 425 

Constitutional  Convention — Act  to  assemble  convention 60 

compilation   of  data  by  joint   legislative   reference   bureau 63 

Convention  Halls — establishment  and  maintenance  by  cities  over  100,000....  277 

Conveyances — contract  or  bond  for  deed  in  administration  of  estates 4 

homestead   rights,   release   or  waiver 591 

land   titles,    indemnity    fund 636 

loss  or  destruction  of  records 714 

mortgages,    leases,    etc 637 

registration  of  land  titles 636 

Conway    Building,    Chicago — appropriation 208 

Cook  County — civil  service  Act  amended 289 

commissioners,   duties  and  powers 370,    381,  392 

Cook,    J.    H. — appropriation 109 

Coroners — fees     554 

to  take  charge  of  body,  jury,  autopsy 403 

verdict  and  testimony  of  witnesses 293 

Corporations — building  and  loan  associations,  revision  of  law 297 

defective   organizations   validated 351 

failure  to  make  annual   report,   proceedings 294 

for  pecuniary  profit,   revision  of  law 312 

Illinois    securities    law 351 

insurance  companies,   consolidation  and  reinsurance 604 

taxation    of   foreign    companies 628 

not  for  pecuniary  profit,  organization,  etc 365 

real    estate,    organization,    etc 368 

Counties — agricultural   statistics— assessors   to   make 14 

assessment   of   property,    board   of   review 726 

buiral  of  deceased  soldiers  and  sailors 369 

commissioners  of  Cook  County 370,   381,  392 

communicable  diseases,  segregation  and  treatment 589 

coroners,     autopsy,     jury 403 

fees    554 

fees  for  sheriff,   recorder  and  county  clerk 556 

home  for  delinquent  children 729 

libraries,    establishment,    etc : 736 

may  erect  monuments  and  memorials  to  soldiers  and  sailors 666 

military   posts,    gambling   devices   prohibited 689 

mothers    pensions,    tax    levy • 780,  781 


INDEX.  1041 


Counties — Concluded.  page. 

pensioning   of    judges 413 

poor  farms  and  poor  houses,   establishment,   etc 698 

powers  of  county  board,  tax  rates 740 

recorders,    fees 564 

recording  discharges  of  soldiers  and  sailors 404 

sale   of   liquor  outside   cities   and   villages 435 

sheriffs,    fees 564 

soil  and  crop  improvements 405 

superintendent   of   schools,    compensation 559 

tax  levy  for   county  purposes 771 

township   officers,    fees   and    compensation 567 

tuberculosis   sanitariums,   tax  levy 866 

Court  of  Claims — appropriation,  salaries 77 

appropriation   to    Secretary   of   State 137 

relief   claims    allowed 99,   105,   114,   115,   117 

Courts — administration  of  estates — notice  of  sale 6 

Appellate,    distribution   of   decisions 406 

appropriation,    salaries 77 

bail,    regulations,    etc 421 

bastardy,   amendments   to  Act 422 

Circuit,   appropriation,    salaries 77 

clerks,    fees 554 

Pulaski    County,    terms   fixed 419 

shorthand    reporters 416 

City,    appropriation,    salaries 77 

clerks,    office   hours 406 

compensation    of    judges 553 

coroners  verdict  and  testimony  not  to  be  used  in  civil  cases 294 

County,  Henderson  County,  terms  fixed 419 

jurisdiction    regarding    drainage 442 

delinquent  boys,   commitment  to  home 242,   243 

feeble-minded,     commitment 241 

jury  commissioners,  salary 407 

Municipal  of  Chicago,  appointment  of  officers  and  salary 409 

clerk  and  bailiff,  duties  and  compensation 411 

nomination   of  judges  by  convention 511 

pension    for   judges 413 

practice,   continuation  of  cases  for  evidence 709 

evidence    and    depositions 710 

Probate,    shorthand    reporters 417 

probation  system,  salary  of  officers 414 

publications,  form  and  cost 407 

Superior,    appropriation,    salaries 77 

Supreme,    appropriation,    salaries 77 

fees    for    clerk 560 

marshall,  appointments,  duties  and  compensation 418 

purchase  and  distribution  of  decisions -. 418 

writ  of  error — time  limit 711 

Cox,    N.    W. — appropriation 115 

Crescent   Paper  Company — appropriation 108 

Criminal  Code — abandonment   of   children 247 

accessories,   after   the   fact 431 

advertising  abortifacient   drugs 427 

arson,  attempt  to  commit 428 

bail,    recognizance 421 

bastardy   422 

bedding,  manufacture,  etc.,   penalty  for  violation  of  Act 237 

bribery  of  judicial   officers 428 

children,  punishment  of  wrongs  to 250 

—66  L 


1042  INDEX. 


Criminal  Code — Concluded.  page. 

conspiracies    against    the    State 426 

collective  sale 425 

to  do  an  illegal  act — boycott — blacklist 428 

crime   against   nature 428 

criminal   carelessness,    common   carriers 428 

cruelty   to    children 429 

deadly  weapons,  revision  of  Act 431 

destruction  of  food  to  influence  price 572 

elections,  violations  of  laws , 475 

false  heir 429 

false  statements  regarding  standing  of  schools 435 

fraudulent    stock,    issuing 429 

signing  with  intent  to  issue 429 

free    textbook    law,    violations 916 

gambling  devices  in  counties  having  military  posts 689 

Illinois  securities  law,  penalties 362,  363 

incest,    father  with   daughter 429 

of    relatives 430 

intoxicating   liquor,    sale   outside    cities    and    villages 436 

kidnaping,    carrying  away  infant 430 

penalty    430 

larceny,    second    offense 430 

misprison    of    treason 431 

organization  and  promotion   of   insurance   companies 626 

papers  simulating  court  process 425 

poisoning    430 

prize  fighting,   leaving  State  to  fight 430 

publication    and    distribution    of    matter    discriminating    against    religious 

sect,  etc 433 

races,   routs,   riots,   unlawful   assemblies,   injuries  to  property 431 

reformation   or   overthrow   of   government 420 

rescue  of  prisoner  before  conviction 429 

robbery,  defination  and  punishment 431 

sale  and  purchase  of  United  States  bonds,  unlawful  advertisements 240 

sentence    and    commitment 436 

signs   for   closing  roads,    removal 885 

Cudahy  Packing  Co. — appropriations 106,  107 

Cullen,    M.     S. — appropriation 109 

Cunningham,    H.    A. — appropriation 141 

Daily  Gazette,    The — appropriation 98 

Daily  and    O'Brien — appropriation 209 

Dairy  Products — consignment  and  sale  regulated 14 

David  J.   Malloy   Company,    The — appropriation 108 

Davis,    Amanda — appropriation 104 

Davy,    May — appropriation 119 

Deadly  Weapons — revision   of  Act 431 

Deaf,  Blind  and  Delinquent  Children — appropriation,  ordinary  and  contingent  206 

Deane,  David — appropriation 109 

Dearborn    Paper    Company — appropriation 108 

Deming,   A.   W. — appropriation. 109 

Dempster,  William — appropriation 101 

Dennison    Mfg.    Company — appropriation 108 

Dentistry — -see  "Medicine  and  Surgery." 

Department  of  Agriculture — appropriation,   ordinary  and  contingent 170 

appropriation,  salaries 77,  78 

State    fairs 64 

tuberculosis  among  domestic  animals 211 

Department  of  Finance — appropriation,  ordinary  and  contingent 169 

appropriation,    salaries 77 


INDEX.  104u 


PAGE. 

Department  of  Labor — appropriation — additional  free  employment  offices "  65 

appropriation,    ordinary  and    contingent 174 

rehabilitation  in  industry  of  soldiers  and  sailors 66 

salaries 78 

Department  op  Mines  and  Minerals — appropriation,  ordinary  and  contingent.  179 

appropriation,    salaries 78 

Department  of  Public  Health — appropriation,  ordinary  and  contingent 191 

appropriation,   salaries 79 

Department  of  Public  Welfare — appropriation,  ordinary  and  contingent 188 

appropriation,    salaries 79 

Department  of  Public  Works  and  Buildings — acquisition   of  raw  materials 

and  manufactured  products 712 

appropriation,  Federal  aid  roads 130,   131,  133 

Federal  aid  roads,   emergency 132 

Illinois   Waterway 214 

ordinary   and   contingent 180 

purchase  of  deposit  of  novaculate 129 

salaries    78,  79 

State    aid   roads 140 

unexpended    balance 139 

jurisdictian  over  waterways 972 

re-appropriation    210 

Department    of    Registration    and    Education — appropriation,    ordinary    and 

contingent    199 

appropriation,    salaries : 79 

Department  of  Trade  and  Commerce  — appropriation,  ordinary  and  contingent  194 

appropriation,    salaries 79 

De  Vilbiss   Mfg.    Company — appropriation 108 

Devitt,   Jennie   F. — appropriation 104 

DiehMj    Albert — appropriation 121 

Discrimination — against  religious  sect,  etc 433 

Dixon   State  Colony,  The — appropriation 148 

Dixon  State  Hospital,  The — appropriation 148 

Doan,    G. — appropriation 141 

Dockum,    R.    M. — appropriation 141 

Dolan,   R.   E. — appropriation 109 

Donovan,   John   J. — appropriation 141 

Dougherty,    Thomas    S. — appropriation 109 

Downey,    Peter    A. — appropriation 102 

Downs,    William    F. — appropriation 210 

Doyle,    J.    F.- — -appropriation ......  109 

Drainage — abandonment    of    districts 440 

additional   ditches,   etc.    proceedings 456 

appeals  to  County  and  Circuit  Courts,  hearing,  may  correct  errors 445 

appointment    of    commissioners 450 

assessing  lands   outside  district,   jurisdiction   of   court 442 

assessment,    appeal   etc 443 

compensation    of    officers 451 

construction  of  bridge  over  drain 451 

corporate  name   of  district,    etc 453 

ditch   defined 452 

effect  of  organization  of  district,   election  of  officers 454 

hearing   objections,    proceedings,    appeal 445 

Little  Wabash  River  drainage  district,  Act  repealed 458 

maps  to  be  filed,   classification  of  lands,   etc 451 

notice  to  hear  objections 444 

organization    of    sub-districts 448 

pumping  plants 455 

rights  of  land  owners  within  and  without   district 447 


1044  INDEX. 


Drainage — Concluded.  .  page. 

sanitary  district  of  Chicago,  Act  to  enlarge 458 

development  of  water  power 460 

sanitary  district,   North   Shore,   enlargement 459 

sanitary  districts,    disposal   of   garbage,    etc 462 

organization    legalized 465 

pollution  of  waters,  police  powers 463 

powers  of  trustees,  etc 461 

pure    water    supply 463 

right  of  way,   bridges,   etc 465 

tax    levy 849,    850,  851 

to   build  and  maintain  highways   to   reach   docks 466 

trustees,  filling  vacancy  in  board 464 

water  works   and  sewage   disposal 461 

sewage    disposal,    tax    levy 861 

Skillet  Fork  River  district,  Act  repealed 467 

special  assessment,    validity 452 

special  assessments,    how    made 446 

special  districts,    organization,    election,    etc 467 

tax,  when  and  how  payable 447 

Dramshops — sale  of  liquor  outside  cities  and  villages 436 

Drennan,  Roscoe   Li. — appropriation 119 

Dudley,    Ira    M. — appropriation 141 

Duncan,    J.    W. — appropriation 109 

Dunn,   Philip   R. — appropriation 114 

Durand  &  Kasper  Co. — appropriations 106 

Durr,    M.    J., — appropriation 114 

E.  A.   Armstrong  Mfg.   Co. — appropriation 107 

Eadie,    Robert — appropriation 113 

Eastern  Illinois  State  Normal  School — appropriation 70 

East  Side   Packing   Co. — appropriation 121 

East  St.  Louis  Cotton  Oil  Co. — appropriation 121 

East  St.  Louis  Light  &  Power   Co. — appropriation 121 

East  St.  Louis  Railway    Co. — appropriation 121 

East  St.  Louis   Riot — appropriation 120 

East  St.  Louis  &  Suburban  Railway  Co. — appropriation 121 

E.  B.  Kipp  &  Son — appropriation 108 

EbYj    M.    W. — appropriation 109 

Eby,   Perry — appropriation 109 

Edgar,  Jeanne — appropriation 116 

Educational  Qualifications — registrations  under  laws  relating  to  trade,  etc...  468 

Edwards,   Inanda  M. — appropriation .  100 

Edwards,  Minnie    P. — appropriation 101 

Edwards,  O.   L. — appropriation 109 

Eggs — see  "Foods  and  Dairies." 

Eldon,     James — appropriation 109 

Elections — absent  electors,   amendments  to  Act 469 

annexations  to   cities   and  villages 251 

boards    of   education 527 

cities  and  villages,  division  into  districts 268 

erection  of  monuments  and  memorials,  form  of  ballot 779 

hospitals,  form  of  ballot 754 

public  libraries,  tax  levy,   form  of  ballot 775 

tax  levy  for  park  purposes 815,  816 

tuberculosis    sanitariums,    establishment,    etc 864 

city  officers 265,  269 

for  Chicago 269 

community  buildings,  bond  issue,  etc 266 

erection  by  cities,  form  of  ballot.  . 734 

community   consolidated  school   districts,   establishment,   ballot 905 


INDEX.  1045 


Elections— Concluded.  page. 

counties,   additional   tax   levy 740 

libraries,  public,  form  of  ballot 739 

tuberculosis   sanitariums,   establishment,    tax   levy 866 

delegates  to  Constitutional  Convention 60 

drainage  commissioners 453 

establishment   of  municipal   coliseums 783 

museums    in    parks 783 

roads,    tax   levy 846 

fire  and  police  commissioners,   adoption  of  Act 277 

holiday,  when  representatives   elected 474 

home  for  delinquent  children,  proposition   for  establishment 729 

judges   and   clerks,    compensation 474 

monuments   and   memorials,    erection   by   counties 666 

nomination  of  judges   by  convention 511 

primary,  revision  of  Act 475 

public  comfort  stations,   establishment,  etc 840,  841 

redistricting  of  Chicago,   form  of  ballot,   etc 259,   261 

registration    of    voters 512 

roads  and  bridges,  bond  issue,  form  of  ballot 874 

improvement  with  brick  or  concrete,  form  of  ballot 887 

issuing  bonds   and   tax  levy 848 

schools,    additional    tax   levy 852,   856 

adoption   of  free  textbooks,   form  of  ballot 916 

boards   of   education 894 

organization  of  community  high  school  districts 909 

sale    of   lands 921 

polling  place,   judges  and  clerks 527 

township  high  school  district 925 

soldiers  and  sailors  allowed  to  vote  without  registration 525 

townships,    provisions,    etc 969 

trustees    of    villages 268 

Electric   Appliance    Company — appropriation 108 

Elgin,  Joliet  and  Eastern  Ry.  Co. — appropriations 103,  105 

Elgin  State  Hospital,  The — appropriation 145 

deficiency    143 

Elliott,    C.    W. — appropriation 109 

Elliott  Frog  &  Switch  Co. — appropriation 121 

Embalmers — regulation  of  practice,  revision  of  Act 528 

Employees — appointment  and  discharge  by  cities  and  villages 274 

health   and   safety  of  miners 856 

Employees    of    State — salary   investigation    commission 134 

Employment — Act  relating  to  employment  offices  and  agencies 532 

appropriation   for  additional  free  employment  offices 65 

physically  handicapped  persons,   rehabilitation 534 

soldiers  and  sailors,   rehabilitation   in   industry 66,   533 

structural    engineers,    regulation    and    license 961 

wash  rooms 537 

workmen's  compensation 538 

English  Language — instruction  in  public  schools 917 

Epileptics — State  home,   commitment 244 

Erie   Independent,   The — appropriation 98 

Fagan,    J.    D. — appropriation 209 

FairliEj    James — appropriation 103 

Famous    5    &    10,    The — appropriation 108 

F.  A.   Rauch  Company — appropriation Ill 

Farm  Produce — consignment  and  sale  regulated 14 

Feeble-minded — care    and    commitment 241 


1046  INDEX. 


PAGE. 

Fees  and  Salaries — arbitrators  under  workman's  compensation  Act 538 

civil  service  commissioners   in   cities 288 

commission    of   Cook   County 289 

Clerk    of    Circuit    Court 554 

Supreme  Court 560 

commissioners    of   highways 843 

coroner,    compensation 554 

delegates  to  constitutional  convention 60 

drainage  commissioners 451 

judges  and  clerks  of  election 474 

judges  of  Circuit  Courts  and  Superior  Court  of  Cook  County 553 

jury    commissioners    and    assistants 407 

justices  of  the  peace  and  constables 561 

marshall   for   Supreme   Court .' 418 

masters    in    chancery 562 

Municipal  Court  of  Chicago,  clerk  and  bailiff 411 

deputies 409 

probation  officers 414 

recorders 564 

sheriff,   recorder  and  county   clerk 556 

sheriffs 564 

shorthand  reporters  for  Circuit  Courts 416 

Probate  Courts 417 

State    tax    commission 11 

superintendents    of   schools 558 

township    officers 567 

Fences — flood  gates,    repair 569 

F.  H.   Pfeiffer  Crockery  Co. — appropriation Ill 

Fibre  Grand   Company — appropriation 108 

Fidelity  Mutual  Life  Insurance  Company — appropriation 103 

Fire  Escapes — hotels,  inns  and  lodging  house,  Department  of  Trade  and  Com- 
merce to  enforce  laws 572 

regulations 570 

Fire  and  Police  Commissioners — appointment '. . .  276 

Fish — see  "Game  and  Fish." 

Fiske.,   Andrew — appropriation 101 

Flanagan    &    Co. — appropriation 108 

Fleschmann    Company,   The — appropriations 107,  108 

Follmer,    C.   H. — appropriation Ill 

Foods  and  Dairies — destruction  of  food  to  influence  market  price 572 

handling  and  sale   of  eggs 573 

requirements  of  food  offered  for  sale 576 

Forest  Preserve  Districts — duties  of  president  of  commission 579 

tax    levy,    rate 751 

Fortin,   Joseph    T. — appropriation 208 

Francis,    C.    M. — appropriation 109 

Fraternal  Beneficiary  Societies — see  "Insurance." 

Fraternities — school,  prohibited 914 

Fred  D.   Nellis  Coal  Company — appropriation 122 

Frisch,    Jacob — appropriation 141 

Fulton  Journal — appropriation 98 

Galesburg    Printing    Company — appropriation 98 

Gallivan,    J.    E. — appropriation 114 

Gamber,    John   G. — appropriation 113 

Game  and  Fish — revision  of  Act 25 

Gane  Brothers  &  Company — appropriation 108 

Gann,    Lulu    M. — appropriation 102 

Garbage — removal  by  cities  and  villages,  tax  levy 751 

Garden,   John   E. — appropriation 100 

Geise,  Antone — appropriation 109 


INDEX.  1047 


PAGE. 

General  Assembly — appropriation,   committee  expenses 75 

appropriation,    incidental    expenses 74 

joint  legislative  committees 80,    88,   89 

officers  and  employees 75 

ordinary  and   contingent 168 

salary 76 

officers  and  employees,  appointment  and  salary 580 

General    Chemical    Co. — appropriation 121 

George,    D.    W. — appropriation 104 

Geo.  S.  Mepham  &  Co. — appropriation 121 

Gerland,    H.    C. — appropriation 109 

Gillett,    Alma — appropriation 104 

Gillett,    Fred    H. — appropriation 122 

Globe-Wernicke    Co. — appropriation 113 

Goodale,    M.    M. — appropriation 109 

Goodall,    Don    T. — appropriation 109 

Googerty,    Thos. — appropriation 109 

Gourlt,    J.    F. — appropriation Ill 

Governor — appropriation,   ordinary  and  contingent 155 

salary    76 

Grace,   Blanche  E. — appropriation 113 

Grafton  &  Knight  Mfg.  Co. — appropriation 105 

Grand  Army  Hall  and  Memoral  Ass'n — appropriation 81 

Grand  Army  of   the   Republic — appropriation 81 

Grand  Rapids  Varnish  Company — appropriation 108 

Grand  Rapids  Wood  Finishing  Co. — appropriation 108 

Grant    Chemical    Co. — appropriation 121 

Gravel    Springs    Co. — appropriations 113,  141 

Gravenhorst,    A.    H. — appropriations 109 

Graves,  W.   C. — appropriation 109 

Greeley,    Thomas    A. — appropriation 114 

Greenduck     Company — appropriation 141 

Greenville  Advocate.,  The — appropriation 98 

Gregory,    McCutcheon — appropriation 141 

Guardians  and  Wards— sale  of  real  estate  and  mining  rights 587 

settlement    of   estates 582 

Haenig    Electric    Co. — appropriation 141 

Hagarty,    C.    M. — appropriation 109 

Hall,  Wlliam   F. — appropriation 141 

Hamafom,    W.    J. — appropriation 114 

Hamlin,    John    E. — appropriation 122 

Hammar  Bros  White  Lead  Co. — appropriation 121 

Hancock,    H.    C. — appropriation 110 

Hancock,    John    B. — appropriation 109 

Hanley,    J.    T. — appropriation 103 

Harkins,  Michael — appropriation. 110 

Harkness,    Edward    S. — appropriation 100 

Harlan,  M. — appropriation 110 

Harper,   Robert — appropriation 114 

Harrell,    T.   M. — appropriation 110 

Harris,    G.    H.- — appropriation 142 

Hauss,   W.    H. — appropriation 122 

Hayden,    Josephine — appropriation 104 

Hazell,   E.    F.' — appropriation 114 

H.   Channon  Company — appropriation 107 

H.  C.  Stone  Lumber  Company — appropriation Ill 

Health — cities   may   exceed   appropriation   to  preserve 252 

communicable  diseases 589 

establishment  of  health  districts,  tax  levy 752 

Heard,  Oscar  E.,  Jr. — appropriation 102 


1048  INDEX. 


PAGE. 

Heine,   P.    H. — appropriation 110 

Henderson  County — terms  of  County  Court 419 

Henke,  Henry — appropriation 116 

Henry  and  Copperas  Creek — works  granted  to  United  States 975 

Henson  Robinson  Co. — appropriation 142 

Hess,  Alice   Ahlfed — appropriation 107 

H.    Halvorsen    Company — appropriation 108 

Hibbard,  Spencer,  Bartlett  &  Co. 108 

Highway — see  "Roads  and  Bridges." 

Hill,    Arthur   D. — appropriation 100 

Hill,    H.    M. — appropriation 122 

Hill,    W.    S. — appropriation 110 

Hines,    W.    A. — appropriation '. 110 

History  of  World  War — appropriation  for  compilation 82 

H.   Johnson  &  Co. — appropriation 107 

H.   O.  Erickson  &  Son — appropriation 108 

Hogan,    Thomas    S. — appropriation 117 

Holidays — election  of  members   of  the   House  of  Representatives 474 

Holland,     Edward — appropriation 114 

Holland,    J.    H. — appropriation 110 

Holmon    Soap   Company — appropriation 108 

Home  for  Delinquent  Boys — commitment 242,  243 

Homesteads — release  or  waiver   of  rights 590 

Hooker,    H.    M. — appropriation 108 

Hornbeck,    Brewster    B. — appropriation 102 

Hospitals — cities  and  villiages,   establishment,   tax  levy 753 

Housing — Illinois  housing  and  building  commission 591 

Howard,     Belle — appropriation 104 

Howes   Bros.   Company — appropriation 108 

Huening,    John    W. — appropriation 113 

Hygrade  Lamp  Company — appropriation 108 

Ice   Cream — manufacture  and  sale   regulated 577 

Ideal  Pattern  &  Machine  Works — appropriation 108 

Illinois  Asylum  for  Criminal  Insane — appropriation,   emergency 96 

Illinois  Centennial  State  Fair — appropriation  for  relief  of  various  parties..    141 

Illinois   Central   Railroad   Company — appropriations 102,   108,   111 

Illinois  Charitable  Eye  and  Ear  Infirmary,  The — appropriation 149 

deficiency    143 

Illinois  Embalming  Act — regulation  of  practice  of  embalming 528 

Illinois  Farm    Commission — appointment    and   appropriation 83 

Illinois  Farmers'     Institute — appropriation 85 

directors,   selection,   organization   and  powers 21 

Illinois  Firemen's    Association — appropriation 81 

Illinois  Historical  Library — appropriation,  salary  of  librarian 77 

Illinois  Industrial  Home  for  the  Blind,  The — appropriation 149 

Illinois  Lithographing  &  Label  Company — appropriations 106 

Illinois  Live   Stock   Association — appropriation 85 

Illinois  and  Michigan  Canal — revision  of  Act 876 

Illinois  Nursing  Act — regulating  practice  of  nursing 652 

Illinois  Optometry  Act — regulating  practice  of  optometry 646 

Illinois  Printing  Company — appropriations 107,  142 

Illinois  School  for  the  Blind,  The — appropriation 148 

deficiency    143 

Illinois  School  for  the  Deaf — appropriation 148 

Illinois  Securities  Law — regulating  the  sale  of  stocks,  bonds,  etc 351 

Illinois  Soldiers'    Orphans'    Home,   The — appropriation 149 

deficiency 143 

Illinois  Soldiers'  and   Sailors'    Home,  The — appropriation 149 

deficiency    143 


INDEX.  1049 


PAGE. 

Illinois  Soldiers'   Widows'   Home — appropriation,    deficiency 143 

Illinois  State  Beekeepers'    Association — appropriation 84 

Illinois  State  Dairymen's  Association — appropriation 84 

Illinois  State  Farm,    The — appropriation 150 

Illinois  State  Historical   Library — appropriation,    ordinary   and   contingent.  .  205 

Illinois  State  Horticultural  Society — appropriation 85 

Illinois  State  Journal — appropriation 142 

Illinois   State  Library — appropriation,    ordinary    and    contingent 205 

Illinois  State  Penitentiary,  The — appropriation 150 

additional     86 

deficiency    144 

emergency     87,  96 

Illinois  State  Poultry  Association — appropriation 85 

Illinois  State   Reformatory — appropriation 112,  151 

additional     86 

emergency 87 

Illinois  State    Register — appropriation 142 

Illinois  Surgical  Institute  for  Children — appropriation 87 

Illinois  Waterway — appropriation 214 

construction 977 

issuance   of   bonds 988 

Imigrants   Commission — appointment  of,   duties 8 

Industrial  Home  for  the  Blind — appropriation 152 

Ingels,    J. — appropriation ,  .  . 142 

Ingersoll-Rand    Company — appropriation 108 

Inheritance  Tax — revision  of  rates 757 

Insurance — casualty  companies,  capital  and  investments 600 

casualty  companies,  determination  of  condition,  procedure 601 

consolidation    and    reinsurance,    procedure 604 

county  fire  insurance  companies,  amount  of  risk,   etc 611 

county  mutual  windstorm  companies,   directors,   report,  etc 611 

dissolution  of  companies 612 

Are,   marine  and  inland  navigation,   organization,   etc 613 

fraternal  beneficiary  societies,   amendment  of  articles 613 

assets  held  for  benefits  promised 614 

defination,    membership,    payments 616 

mergers  or  reinsurance  validated 615 

reserve    funds 618 

life,  accident  and  health,  revision  of  law 618 

life  companies,  insolvency,  proceedings 622 

mutual  companies,  visitation,  inspection  and  fees 624 

promotion  and  organization  of  companies 626 

taxation  of  non-resident  companies 628 

township  companies,  amount  of  policies  limited 625 

Inter-State  Ind.  Tel.  &  Tel.  Co. — appropriation 142 

Jackson,    Anne   W. — appropriation 104 

Jacksonville — appropriation   for    local    improvements 59 

State  land  conveyed   for  water  purposes 9.53 

Jacksonville  State  Hospital,   The — appropriation 146 

deficiency    143 

Jahnke,   F.   W. — appropriation 110 

Janssen,    H.   F. — appropriation 106 

Jeffersons    Printing    Company — appropriations 106,    107,  112 

Jenkins,    W.    H. — appropriation 109 

J.   F.   Humphreys   &  Company — appropriation 108 

John   B.   Wiggins   Company — appropriation Ill 

John  W.  Bunn  &  Co. — appropriation 141 

Joint   Legislative   Reference   Bureau — appropriation   for   compiling   data   for 

Constitutional   Convention 63 


1050  INDEX. 


PAGE. 

Joint  Rights  and  Obligations — joint  tenancy  denned 633 

Joliet  Bridge   &   Iron    Company — appropriation 105 

Joliet  Printing   Company — appropriation 105 

Joliet  Republican    Printing    Co. — appropriation 105 

Jones,   C.    C. — appropriation 110 

Jones,    James   W. — appropriation 110 

Jordan,     B. — appropriation 110 

Jordon,    Edith — appropriation 104 

Jordon,     Helen — appropriation 104 

Joseph  T.  Ryerson  &  Son — appropriation Ill 

Jourdan   Packing  Co. — appropriation 106 

Joyce,    M.    V. — appropriation 121 

Juries — selecting  names   of  jurors 407 

Justices  of  the  Peace  and  Constables — appeal  and  bond 634 

fees    561 

Juul,   Neils.,  Jr.- — appropriation 114 

Kane,    John    T. — appropriation 113 

Kane,    Michael    B. — apropriation 208 

Kankakee  State  Hospital,  The — appropriation 146 

deficiency    143 

Kannmacker,     A. — appropriation. Ill 

Kilgore   Linotyping   Company — appropriation 108 

Kingsley,    Anna — appropriation 104 

Klaholt,   A.  W. — appropriations 108,  113 

Klebosky,    Frank    A. — appropriation 113 

Kochly,    Anthony    J. — appropriation 209 

Kozak,   J.    H. — appropriation 110 

Kramer,    B.    C. — appropriation 121 

Krein,   H.   M. — appropriation 110 

Kroupa,    Joseph    J. — appropriation 209 

Krueger,    Minnie    B. — appropriation 104 

Kruger,   Chas. — appropriation 110 

Labor — see  "Employment." 

Laclede   Steel  Co. — appropriation 121 

Laird,   Dr.   F.   A.— appropriation 142 

Land   Titles — conveyances,    damages    and   costs 636 

conveyances,    mortgages,    leases,   etc 637 

registration    of    titles 636 

Lannon,    S.    B.,    appropriation 110 

Latham    Machinery    Company — appropriation 10S 

Lawrence   County   News,    The — appropriation 98 

Laws — 

Validating  Acts — 

corporations,   defective  organizations 351 

educational  qualifications,  applicants  for  registration  relating  to  trades 

etc 468 

insurance,  fraternal  beneficiary  societies,  mergers  and  reinsurance.  ...  615 

sanitary   districts,    organization   legalized 465 

schools,   community  high   school   districts 907 

wills,  probate,  previous  recordation   declared  valid 993 

probate,  previous  service  declared  valid 995 

With  Emergency  Clause — 

agriculture,   collection  of  statistics 14 

appropriation,  Attorney  General,   deficiency 57 

dissolving  corporations 58 

Auditor  of  Public  Accounts,   deficiency 56 

Department  of  Agriculture,    State    fairs 64 

Department  of  Labor,  additional  free  employment  offices 65 

Federal  aid  roads ■ 132 


INDEX.  1051 


Laws — Continued.  page. 

With  Emergency  Clause — Concluded. 

General  Assembly,  commimttee  expenses 75 

incidental  expenses 74 

joint   legislative   committees 80,    88,     89 

officers  and  employees 75 

Legislative   Reference    Bureau,    compiling    data    for    Constitutional 

Corrvention     63 

penitentiary  commission  for  new  buildings 96 

reception,  33rd  Division  and  149th  Field  Artillery 99 

Secretary  of   State,    deficiency 136 

for    court    of    claims 137 

State  Board  of  Agriculture,  account  State  Fair 141 

State  charitable,  penal  and  reformatory  institutions 143 

State    penal    and    reformatory    institutions 86,   87 

bonds,  sale  and  purchase  of  United  States  bonds 240 

cities  and  villages,  additional  or  supplemental  appropriations 253 

annexation    of   unincorporated    territory 250 

civil  service,   cities,  preference  to  appointment 287 

State,   preference  to   appointment 292 

corporations,  annual  report  to  Secretary  of  State 294 

sale  of  stocks,   bonds,   etc.,   regu'ated,   Illinois  securities  law 351 

counties,   commissioners  of  Cook   County,   duties   and   powers 370,   381 

courts,   County,  Henderson   County,   terms  fixed 419 

jury  commissioners,    salary,   etc 407 

drainage,    sanitary    districts,    organization    legalized 465 

elections,   nomination  of  judges  by  convention 511 

soldiers  and  sailors,  allowed  to  vote  without  registration 525 

forest  preserve  districts,  duties  of  president  of  commissioners 579 

General    Assembly,    officers   and    employees 580 

insurance,  fraternal  beneficiary  societies,  validation  of  contracts 615 

Jacksonville,   State  land  conveyed  for  water  purposes 953 

practice,   continuance  for  evidence 709 

reserve  militia,   expense  borne   by  State 655 

revenue,  assessment  of  property,  board  of  review 726 

roads  and  bridges,  bond  issues 873 

schools,   boards  of  education,   election 527 

community  high  school  districts,  organization  validated 907 

tax  levy S52 

university  scholarships 923 

vocational  education 92S 

soldiers  and  sailors,  recordation  of  discharges  by  county  recorder 404 

rehabilitation   in   industry 533 

Without  Governor's  Signature — 

appropriation,   East   St.   Louis  riot 120 

publication  notices  for  delinquent  corporations 97 

State  Board  of  Agriculture,  Illinois  Centennial  State  Fair 141 

Thompson,    Joseph   E.,    relief 126 

bonds,  sale  and  purchase  of  United  States  bonds 240 

civil  service,  Cook  County,  amendment  of  Act 289 

corporations,  building  and  loan  associations,  revision  of  law 297 

real   estate,    organization,    etc 368 

Courts,   Municipal  of  Chicago,  clerk  and  bailiff,   duties  and  compensa- 
tion        411 

Municipal  of  Chicago,   deputies,   salary 409 

criminal   code,    gambling   devices,    military   posts 689 

deadly  weapons,  revision  of  Act 431 

dental  surgery,  repeal  of  section  14,  Act  of  1909 646 

drainage,  assessing  lands  outside  district 442 

pumping  plants  in  connection  with  levees 455 

sanitary  districts,  powers  of  trustees,  etc 461 


1052  INDEX. 


Laws — Concluded.  page. 

Without  Governor's  Signature — Concluded. 

fees  and  salaries,  county  superintendent  of  schools 559 

insurance,   fraternal   beneficiary  societies,   reserve  fund 618 

pensions,   firemen's  pension   fund,   cities   5,000   to    200,000 743 

house  of  correction  employees  fund 700 

teachers'  pension  and  retirement  fund,  ex- teachers 708 

revenue,   sale  of  property  for  taxes,   notice : 763 

Layfield,    B.    N. — appropriation 103 

L.    C.   Chase  &  Company — appropriation 108 

Lee,    A.    B.— appropriation 110 

Lee,    Louise — appropriation 104 

Leet,    Martha   Ruddy — appropriation 100 

Legislative  Reference  Bureau — appropriation,   ordinary  and  contingent 204 

appropriation,   compiling-  data  for  Constitutional  Convention 63 

Legreid,    S. — appropriation 113 

Levees — tax   levy   by   cities 760,  761 

Libraries — cities  and  villages,   tax  levy 774 

county   systems,   establishment,   etc 736 

public,    directors,    librarian,    reports 639 

Library  Extension   Commission — appropriation,   ordinary  and   contingent 206 

Liens — mechanics',    against   public    improvements 642 

mechanics',  when   lien  is  given 640 

stallion   or  jack   for   services 55 

Lieutenant   Governor — appropriation,    ordinary   and   contingent 156 

appropriation,    salary 76 

Life   Insurance — see   "Insurance." 

Lilly   Coal   Company — appropriation 108 

Lincoln  State  School  and  Colony,  The — appropriation 148,  151 

appropriation,    deficiency 143 

Lindgren,    Philip    C. — appropriation 101 

Liquor — search    and    seizure    law 930 

Little  Wabash  River  Drainage  District — Act  repealed 458 

Live  Stock  Biological  Laboratory — appropriation 88 

Local   Improvements — publication   of   ordinance 643 

supplemental    assessments,    rebates 644 

Locklar,    Mrs.    Martha — appropriation 112 

Logan,    D.    M. — appropriation 110 

Louthan,    Howard   C. — appropriation 123 

Lowery,    Willam    P. — appropriation 142 

Lucas,   Ross — appropriation 110 

Ludonica    Celador    Co. — appropriation 105 

Luer  Bros.   Packing  and  Ice  Co. — appropriation 107 

Lussky,   White   &   Coolidge — appropriation 108 

Lyon    &    Healy — appropriation 108 

Lyons,   B.   M. — appropriation 110 

Lytton,    R.   B. — appropriation 114 

Mackin,     James — appropriation Ill 

Macomber,   Phylis — appropriation 104 

Macpherson   &   Edward — appropriation 142 

Malone,    C    J. — appropriation Ill 

Manufacturers'    Office  Equipment    Company — appropriation 208 

Marie  Murphy's   Letter  Shop — appropriation 113 

Martin,    Mary    L. — appropriation 104 

Masters  in  Chancery — fees 563 

Matthiesen,    Frederick    W. — appropriation 123 

Mattresses — manufacture,   etc 236 

Maurer  Ice  &  Coal  Co.- — appropriation 142 

Mayhew,    Herman — appropriation 110 

McAllister,    H. — apropriation 110 

McClurg    &    Company — appropriation 108 


INDEX.  1053 


PAGE. 

McCormick-Grant — appropriation    108 

McCoy   Laundry   Co. — appropriation 142 

McGlynn,   Dan — appropriation 1 2*1 

McIntyre,  Wm. — appropriation 110 

McKuen,    Kate — appropriation 109 

McLean,    N.    C. — appropriation 122 

McMurtrie,    L.    C. — appropriation 113 

McNeill    &    Higgins    Co. — appropriation 108 

McPartling,    Hugh    P. — appropriation 106 

McReynolds,    Geo. — appropriation 110 

McRoberts,    James    W. — appropriation 121 

MEDiciNEfAND  Surgery — dental  surgery,   repeal  of  section   14   of  Act 646 

Illinois  optometry  Act 646 

nursing,   regulation   of  practice 652 

veterinary  college  at  University  of  Illinois 645 

Mergenthaler  Linotype  Company — appropriation 108 

Military  and  Naval  Code — reserve  militia,  expense  borne  by  State 655 

Miller   Bryant  Pierce   Company — appropriation 106 

Millington,    H.    L. — appropriation 142 

Mines  and  Mining — health  and  safety  of  employees 656 

mining    investigation    commission 89 

Mining  Investigation  Commission — appropriation  and  appointment 89 

Minneapolis,  St.  Paul  &  Sault  St.  Marie  Ry. — appropriation Ill 

Missouri  Malleable  Iron   Co. — appropriation 121 

Mitchell,   Anna  T. — appropriation 113 

M.  J.  Neahr  &  Co. — appropriation 112 

Monaghan,    James   L. — appropriation Ill 

Monuments — Governor  Edward   Coles 92 

Hon.  John    M.    Palmer 92 

Hon.  Richard    Yates 93 

Monuments    and    Memorials — counties    may    erect    in    honor    of    soldiers    and 

sailors    666 

erection  by  cities  and  villages 778,  779 

Moore,   Case,    Lyman   &   Hubbard — appropriation 108 

Moore,  Francis    J. — appropriation 100 

Moore,  Lora    J. — appropriation 100 

Morris  &  Co. — appropriation 121 

Morris,    Ed. — appropriation 108 

Morrish,  Ross — appropriation 110 

Morse,    John    T.,    Jr. — appropriation 101 

Mortgages — duplicate  receipts  under  Land  Title  Act 63  7 

Motor  Vehicles — revision   of   Act 669 

Mt.     Olive    Cemetery    Association — appropriation,    care    of    burial    place    of 

deceased  soldiers 94 

Municipal  Court  of  Chicago — appointment  of  deputies  and  salary 409 

clerk  and  bailiff,  duties  and  compensation 411 

Murphy,  Albert — appropriation 110 

Murphy,    Richard    J. — appropriation •.  .  209 

Museums — establishment,    tax   levy 7S3 

Musham,     John    W. — appropriation 103 

National  Guard  and  Naval  Reserve — armory  at  Danville,  appropriation 95 

armory   at   Peoria,    appropriation 95 

gambling  devices  at  military  posts  prohibited 689 

National  Gum    &    Mica    Company — appropriation 10S 

National  Implement    Vehicle    Show — appropriation 210 

National  Lead  Company — appropriation 106 

Negotiable  Instruments — maturity  of  negotiable  paper 474 

N.   E.    Stevens   Printing  Company — appropriation 9S 

Ne.well,    P.    H. — appropriation 103 

New  Jersey  Car  Spring  &  Rubber  Co. — appropriation 106 


1054  INDEX. 


PAGE. 

New  York    Central   R.    R. — appropriation Ill 

Nominations — see  "Elections." 

N.  O.  Nelson  Mfg.   Company — appropriation 108 

Nora,    D.    Ernest — appropriation 113 

Northern  Illinois   State  Normal  School — appropriation 69 

North,    James    W. — legal    representative   of,    appropriation 115 

Norton,    Matt   E. — appropriation 113 

Noyes,  Sarah — appropriation 104 

N.    Trainor  &   Son — appropriation 142 

Nulsen,    F.    E. — appropriation 121 

Nurseries — inspection  to  prevent  spread  of  diseases 22 

Nurses — regulating  the  practice   of  nursing 0 652 

Oakman,  Walter  G. — appropriation 101 

O'Connor,    C.    F.— appropriation 114 

O'Connor,    James    L. — appropriation 208 

Office  Hours — clerks  of  courts 406 

Officers,  Public — custodians  of  public  moneys  to  publish  statements 713 

Oil  and  Gasoline — gasoline  receptacles,  color  and  label 692 

inspection  by  cities  and  villages 690, 

storage,   transportation,  sale  and  use   regulated 692 

Oldfield,  A.  A. — appropriation 208 

Old  Salem  State  Park — establishment  and  maintenance 696 

O'Leary,   Patrick — appropriation 110 

Omer,  Oscar — appropriation 110 

Optometry — regulation    of   practice 646 

Orr,    Della    M. — appropriation 104 

Osborne,    Charles    B. — appropriation 102 

O.  W.  Huncke  &  Company — appropriation -103 

Paasche   Air   Brush    Co. — appropriation Ill 

Palmer,  Hon.  John  M. — monument  to  memory 92 

Parks  and  Boulevards — bond  issue,   purposes,   etc 693 

cities  and  villages,  tax  levy  for  support 815,  816 

improvements    and    repairs 694 

Lincoln  Park,  commissioners  authorized  to  issue  bonds 238 

museums,    establishment,    tax   levy 783 

O'.d  Salem   State  Park,  establishment 696 

park  employees  annuity  and  benefit  fund 785,  812 

park  police  pension   fund,   tax  levy , 813 

payment  of  bonds,  tax  levy 817 

soldiers  and  sailors  given  preference  under  civil  service 290 

tax  levy 818,   820,  821,   822,  823,  824,   826,  827,  828,  829,  830,  831 

West   Chicago    commissioners,    tax   levy 784 

Parole — non-resident  prisoners 439 

Parsons,    D.    E. — appropriation 121 

Pathescope    Co.,    The — appropriation 142 

Paupers — commitment  to  poor  house  and  removal  therefrom 697 

powers  of  county  board  regarding  same 698 

Pawners'  Societies — loans  limited  and  sale  of  unredeemed  property 699 

Pearson,  Mrs.  J.  L: — appropriation 210 

Penalties — abandonment   of   children 247 

accessories  after  the  fact 431 

advertising  abortifacient   drugs 427 

advocating   overthrow   of  government 420 

affixing  registered  land  surveyor's  seal  unlawfully 968 

attempt   to   commit   arson 428 

bedding,    sanitation    and    labeling 237 

boarding  homes  for  children,  violations  of  Act 250 

bribery   of  judicial   officers 428 

carrying    away    infant , 430 

circulating  papers   simulating  court   process 424 


INDEX.  1055 


Penalties — Continued.  page. 

concealed  weapons 433 

conservators,   refusal   to  answer  interrogatories 599 

conspiracies,  against  people  of  State 425,  428 

to   commit   offense 426 

construction  of  bridge  without  proper  capacity 880 

crime  against   nature 428 

criminal  carelessness  of  common  carrier 428 

cruelty  to  children  and  others 429 

discrimination  against  any  religious   sect,   etc 424 

electioneering  at  school   elections 896 

failure  of  children  to  attend  school 912,  917,   918,  920 

to    file    bonds 301 

to   furnish  information  to  Department  of  Labor 534 

to  keep  record  of  sale  of  deadly  weapons 433 

to  provide    fire    escapes 571 

to  use  proper  color  and  label  for  gasoline  receptacles 692 

false  heir,  production  of 429 

incest,    father   with   daughter 429 

of   relatives 430 

injuries   to    property 431 

interference  of  enforcement  of  house  of  correction  pension  fund 705 

issuing  fraudulent   stock 429 

kidnapping   430 

larceny,    second    offense 430 

leaving  State  to  participate  in  prize  fight 430 

member   of   school   fraternity 914 

misleading  advertisements  for  sale  and  purchase  of  United  States  bonds.  .  .  240 

misprison    of    treason 431 

misrepresentation  of  educational  institutions  regarding  standing 435 

neglect  or  refusal  to  make  report  of   receipts   and   disbursement   of  public 

moneys    714 

non-payment  of  insurance  tax 630 

officers  of  insurance  companies  receiving  fee  in  consolidations 610 

operating   gambling    devices 60 

placing  or  breaking  of  glass  on  highways 885 

placing  or  removal  of  signs  on  highways 883 

poisoning    430 

possession  and  carrying  of  deadly  weapons 433 

receiving  money  or  other  consideration  in  purchase  of  textbooks 916 

refusal  of  employer  to  allow  minor  employee  to  attend  part-time  school...  920 

of  witness  to  obey  order  of  Court 711 

to  obey  subpoenas  of  Tax  Commission 720 

removal  of  signs  regarding  closing  of  highway  for  repair 886 

rescue  of  prisoner  charged  with  crime 429 

robbery   431 

sale  of  farm  produce  by  commission  merchants 18 

of  farm  seed 20 

of  foods   not  up  to   standard 578 

of  liquor  outside  cities  and  villages 435 

of  oil    not    inspected 691 

or  lease  of  gambling  devices 690 

signing  of  fraudulent  stock 429 

solicitation  of  membership  to  school  fraternities 914 

surveying  without  license 968 

unlawful  sale,  storage  and  transportation  of  gasoline  and  volatile  oils 692 

violation   of   absent   electors'    law 473 

of  Act  providing  for  handling  of  eggs 57o 

of  Act  relating   to   State   moneys 958 

of  banking    law 235 

of  city  ordinances 2S7 


1056  INDEX. 


Penalties — Concluded.  page. 

of  corporation    law 34g 

of  game  and  fish  code 52 

of  Illinois  Architectural  Act 222 

of  Illinois  Embalming'   Act 531 

of  Illinois  Nursing    Act 655 

of  Illinois  Optometry  Act 651 

of  Illinois  Securities    Law 362,  363 

of  Illinois  Structural    Engineering   Act 965 

of  law  relating  to  commissioners  of  Cook  County 380,   391,  402,  403 

of  Motor  "Vehicle  Act 673,  .674,  679,  683,  686,  687,  688 

of  primary  election  law 508,   509,    510,  511 

of  search  and  seizure  law 935,   937,   938,   939,  940,  944 

wilful  destruction  of  food  to  influence  price 572 

wrongs   to   children 250 

Penn  Mutual  Life  Insurance  Company — appropriation 103 

Pensions — firemen's    pension    fund 742,  743 

house  of  correction  employees  fund 700 

judges  of  courts  of  record 413 

mothers,    tax    levy 780,  781 

municipal    employees,    tax   levy 832 

park  employees  annuity  and  benefit  fund 785,  812 

park  police  pension   fund,   tax   levy 813 

police  pension  fund,  tax  levy 835,  837 

teachers  pension  and  retirement  fund,  amendments 706 

ex-teachers     708 

time  spent  in  military  service 706 

Peoria   State   Hospital,    The — appropriation 147 

deficiency    143 

Perkins,   George  F.,   Jr. — appropriation 100 

Perkins,    Herbert    P. — appropriation 100 

Perrin,    B.    F. — appropriation 110 

Phillips    Bros. — appropriation 142 

Phillips,    Charlotte    Mart — appropriation 99 

Pierce,   Charles   A. — appropriation i 103 

Pike   County  Democrat,   The — appropriation 98 

Pittsburg   Coal   Company — appropriation Ill 

P.   J.   O'Brien  &  Company — appropriation 107 

Platt,  Ben — appropriation 110 

Playgrounds — cities  and  villages,  tax  levy 842 

Police — appointment   of   commissioners 274,  276 

Pollution  of  Streams — Department  of  Public  Works  and  Buildings  to  prohibit  990 

Pope,    C    E. — appropriation 121 

Powers,   R.   B. — appropriation 142 

Practice — continuation   for  evidence 709 

evidence    and    depositions 710 

writs    of    error 711 

Price,    Wm.    R. — appropriation 114 

Printen,  W.   J. — appropriation 110 

Prison   Supply   Company — appropriation Ill 

Prohibition — Act  relating  to  enforcement  of  liquor  laws 930 

Prophetstown    Echo,    The — appropriation 98 

Pruyn,    C,    P. — appropriation 115 

Psychopathic  Hosfitat,,    The — appropriation 150 

Psychopathic  Institute,   The — appropriation 146 

Publications — form  and   cost 407 

Public  Buildings — means  of  egress 711 

restoration,    tax    levy 839 

Public  Improvements — acquisition  of  raw  materials  and  manufactured  products  712 

Public  Moneys — officers  to  publish  annual  statements 713 

Public  Records — loss  or   destruction   of 714 


INDEX.  1057 


PAGE. 

Public  Service  Company  of  Northern  Illinois — appropriation 104 

Public  Utilities — claims  against  railroads  for  loss  in  transportation  of  grain  .„  715 

discrimination,  rebates,  transportation  in  exchange  for  advertising 717 

receiving,  transporting  and  delivery  of  grain  by  railroads 716 

Pulaski  County — terms  of  Circuit  Court 419 

Pumping  Plants — drainage  districts   in  connection  with  levees 455 

Purcell,    Henry — appropriation 101 

Putnam,    G.    H. — appropriation 104 

Quinn,  J. — appropriation 110 

Race,    Effie    J. — appropriation 104 

Real  Estate — corporations  for  ownership 368 

sale    for    taxes 761 

Recorders — recordation  of  discharges  of  soldiers  and  sailors 404 

Reeb,  C. — appropriation 121 

Reed,    C.    M. — appropriation 110 

Reick  Langendorf  &  Voght  Co. — appropriation Ill 

Reid,    J.   F. — appropriation 121 

Reidel,  Freda — appropriation 124 

Reiss,    H.    J. — appropriation 110 

Reliable  Pure  Ice  Company — appropriation 113 

Renwick,    G.    H.— appropriation 110 

Reports — Appellate  Courts,   distribution   of 406 

Republican-Record — appropriation 98 

Republic    Metalware    Co. — appropriation Ill 

Reserve  Militia — expense  borne  by  State 655 

Revenue — assessment  of  property,  publication  of  lists 725 

assessment   of   property,    revision 718 

schedule   and    valuation 727 

board  of  review,   appointment,  etc 726 

cities  and  villages,  bonded  indebtedness 730 

garbage  removal,   tax  levy 751 

general    taxes 732 

hospitals,  establishment,  tax  levy 753 

levees,    tax    levy 760,  761 

libraries,    tax    levy 774 

monuments  and  memorials,   tax  levy 778,  779 

park  purposes,  tax  levy 815,   816,  824 

police  pension   fund,   tax  levy 835,  837 

public   benefit    tax 776 

sewage  and  water  works,  tax  levy 862 

street  and  bridge  purposes 731 

tuberculosis    sanitariums,    tax    levy 864,  866 

water  works,   tax  levy 869 

collection  of  taxes,   county  collector,   advertisements,   judgment,    etc .766 

regulations     765 

community  buildings    by    cities 266 

cities    less    than    5,000 734 

Cook  County,  additional  appropriations  and  tax  levies 370,   381,  392 

counties,    levy   of   taxes 740 

tuberculosis   sanitariums,   tax  levy 866 

county  board,    tax  levy 771 

county  public     libraries 736 

drainage,    sewage   disposal,   tax   levy 861 

firemen's   pension    fund 742,  743 

forest   preserve   districts,    tax   rate 751 

health    districts,    tax   levy •  ■  752 

home  for  delinquent  children 729 

inheritance  tax,   revision  of  rates. 757 

levy  and  collection  of  taxes,  duty  of  cotmty  clerk 772 

—67  L 


1058  INDEX. 


Revenue — Concluded.  page. 

mothers  pension,   tax  levy 780,  781 

municipal  coliseums,   tax  levy 782 

municipal  convention   halls 277 

park  employees  annuity  and  benefit  fund,  tax  levy 785,   812 

park  police  pension  fund,  tax  levy 813 

parks   and   boulevards,    museums,    tax   levy 783 

payment  of  bonds,   tax  levy 817 

tax  levy 818,   820,   821,  822,   823,   826,  827,   828,  829,  830,   831 

tax  levy,  West  Chicago ' 784 

pension   fund,  municipal   employees,   tax  levy 832 

playgrounds,    tax    levy 842 

property    exempt    from   taxation 770 

public  buildings,  restoration,  tax  levy • 839 

public  comfort  stations,  tax  levy 840,   841 

roads  and  bridges,  borrowing  money,  tax  levy 848 

tax   levy 844,    845,    846,   847 

sale  and   redemption   of   property 764 

sale   of  property  for  taxes 761 

notice     763 

sanitary   districts,    tax   levy 849,    850,   851 

schools,   non-high   districts,   tax  levy 857 

State    tax    levy 854,   859 

tax  levy 852,  856 

State  and  school,  tax  levy 864 

State    tax    commission 718 

tax  deeds,  restoring  owner  to  possession 762 

University  of  Illinois,  tax  levy 867 

water  districts,  tax  levy ,    868 

R.   H.  Armbruster  Mfg.   Co. — appropriation 141 

Richards,    John   H. — appropriation 114 

Richardson,  Wm, — appropriation 110 

Ricker,    N.    Clifford — appropriation 208 

Ringley,    Fred   J. — appropriation 112 

Roads  and  Bridges — altering,  laying  out,  vacating  and  widening 869 

appeal   from   final   commissioners'   order 872 

approaches  to  bridges  on  or  near  county  lines 879 

on  or  near  town  or  district  lines 879 

appropriation,    acquisition    of   lands 129 

Federal   aid  roads 130,    131,   133 

emergency    132 

hard  roads 81 

State    aid    roads 139,   140 

bridge  may  be  built  by  vote  of  town  meeting 879 

bridges   built  by  two   counties 878 

by  two  towns  or  districts 879 

capacity  of  bridges  and  culverts,  penalty  for  violation 880 

commissioners  may  enter  land  to  open  ditches 875 

compensation   of  officers,   commissioners 843 

construction  of  brick  or  concrete  roads 886 

of  bridges,   aid  from  county 877 

contractor  to  furnish  bond 880 

contracts  by  commissioners  of  adjoining  counties 878 

for  improvements  by  two  towns  or  districts 880 

for  State   aid  roads,    procedure 891 

of  commissioners  of  adjoining  towns  or  districts 879 

of  single  town  or  district 880 

when   payable 880 

costs  of  appeal,   appeal  bond 871 

creation   of  road   districts 881 

crops,    removal    of 872 


INDEX.  1059 


Roads  and  Bridges — Concluded.  page. 

damages,  orders  out  of  tax  to  be  levied 844,  847 

eminent   domain 887 

final   order   of  highway   commissioner 871 

general  tax  levy  for  road  and  bridge  purposes 843,  844,  845 

highway  to   public   ferry 882 

issue   of  bonds   for  road   purposes 873 

submission  and  tax  levy 848 

limitations  of  time  to  open  roads 872 

material  for  construction,   eminent   domain 876 

motor  vehicles,  weight,  load,   etc 668 

notice  to   non-resident  owners 871 

obstruction  and  signs  at  railroad  crossings 883 

petition   for   road,    election,    tax   levy 846 

placing  or  breaking  of  glass  on  roads 885 

powers  of  county  board,  tax  levy 846 

private    roads 872 

purchase  of  novaculate  deposit 129 

railroad    crossings 870 

removal    of    signs 885 

State   aid   authorized .887,  889 

suit  on  joint  contract 879,  880 

town  and  district  road  officers,  who  eligible 893 

use  of  patented  articles,  material  and  processes 884 

width    of    road 870 

Roberts.,   Chas.    J — appropriation 114 

Robinson  Constitution — appropriation '. 98 

Roesch,  M.   G. — appropriation T".  .  .  .  Ill , 

Ross,  John — appropriation 109 

Roughton,    Van    D. — appropriation 109 

Rudin,    Fred    R. — appropriation 142 

Russell,  Catherine — appropriation 104 

Russell,  Margaret — appropriation 104 

Salary  Investigation  Commission — appropriation 134 

Sandburg,    Irene — appropriation 104 

Sanitary  Districts — see  "Drainage." 

Sawyer,   Amos — appropriation 115 

Scagnelli,    Ernest    B. — appropriation 106 

Schafer,    Joe — appropriation 142 

Schlitt,    Fred   P. — appropriation 142 

Schneider,    J.    Maude — appropriation 109 

Schneider,   Wm.    H. — appropriation Ill 

Scholarships — free  for  persons  discharged  from  military  service 922 

University   of   Illinois 923 

School  District  No.  131,  Rochelle — appropriation 105 

Schools — American   Indian   day,    establishment 894 

boards   of   education,    election 527,  894 

powers,   limitation   and   duties 926 

to  fix  polling  places,  appoint  judges  and  clerks 527 

bonds,  districts  given  power  to  issue 896 

of  school   treasurers S97 

certification    of    teachers 898 

community  consolidated   districts,   organization,   etc 904 

high  school  districts  organization  validated 907 

organization,    proceedings 908 

compulsory    attendance 917,  918 

exceptions     910 

county  superintendents,  compensation 559 

dissolution   of   colleges,    etc 927 

distribution   of   State   school   fund 854,  859 

duties    of    directors ' 913 


1060  INDEX. 


Schools — Concluded.  pagb. 

false  statements  regarding  standing 435 

free  scholarship,   person   discharged  from  military  service 922 

fraternities,  sororities  and  secret  societies  prohibited 914 

instruction   in   English  language 917 

interest  on  public  school  fund 859 

non-high   districts,   tax  levy 857 

part-time  or  continuation  schools 919 

physically    handicapped    persons 534 

powers  and  duties  of  board  of  education,  election,  etc 925 

sale  of  common  school  lands 921 

scholarships    for    University 923 

State   tax   levy 864 

tax  levy 852,  856 

teachers'  pension  and  retirement  fund 706 

-ex-teachers  may   become  beneficiary 708 

text  books,  Act  to  provide  free 915 

township   high   schools,    establishment 924 

truant   officers,    appointment   and  duties 911 

vocational  education,  Act  relating  thereto 928 

Schroeder,   Godfrey  A. — appropriation 209 

Schwab,  Minnie — legal  representative  of,  appropriation 116 

Scott,    J.    O. — appropriation 11.0 

Scouler,    Jno.    D.,    Jr. — appropriation Ill 

Search  and  Seizure — Act  relating  to  enforcement  of  liquor  laws 930 

enforcement   by   Attorney   General 136 

Sears,  Roebuck  &  Co. — appropriation 142 

. Secretary  of  State — appropriation,   court  of  claims 137 

appropriation,    deficiency 136 

ordinary  and   contingent 156 

purchase  of  painting  of  Fourth  Lincoln-Douglas  debate 209 

salary    76 

Secret  Societies — school,  prohibited 914 

Securities — sale   regulated   by   Illinois    Securities   Law 351 

Seeds — regulation    of    sale    of   farm   seeds 18 

Sentence  and  Commitment — for  various  offenses 436 

Shattuck   &   McKay — appropriation 112 

Sheehan,    Jas.    D. — appropriation 142 

Shelby    County   Leader,    The — appropriation 98 

Shelton,   Maude — appropriation 107 

Sheridan,    Laura — appropriation 104 

Sheridan,  Mary     J.— appropriation 104 

Sheridan,   Thomas    J. — appropriation 122 

Sherman,    Clay    &    Co. — appropriation Ill 

Shorthand  Reporters — appointment,  duties  and  compensation 416,  417 

Silver   Cross   Hospital, — appropriation 106 

Simater,    Mary   E. — appropriation 109 

Singer   Sewing  Machine   Co. — appropriation HI 

Skillet  Fork  River  Drainage  District — Act  repealed 467 

Smith,   B.    A. — appropriation 115 

Smith,    Frank    J. — appropriation HO.  116 

Smith,    J.    A. — appropriation H° 

Smith,   Mrs.   Pauline — appropriation 125 

Snedeker,    J.    Q. — appropriation 114 

Snethen,    Edgar — appropriation HO 

Snyder,    Harry — appropriation 104 

Snyder,    Louis    J. — appropriation 100 

Soldiers  and  Sailors— apointment  under  civil  service  in  cities 287 

awarding  of  medals 945 

burial    by    counties 369 

discharges  to  be  recorded  by  county  recorder 404 


INDEX.  1061 


Soldiers  and  Sailors — Concluded.  page. 

free    scholarships 922 

given  preference  to  appointment  under  park  civil  service 290 

monuments  and  memorials,  erection  by  cities 778,   779 

erection  by  counties 666 

registration  not  required  at  certain   elections 525 

rehabilitation    in    industry 533 

State   civil  service,   preference  to   appointment 292 

teachers    applying   for   pension    fund 706 

Soldiers'   Widows'    Home   of   Illinois,    The — appropriation 149 

Sororities — school,    prohibited 914 

Southern    Illinois    Penitentiary,    The — appropriation 151 

additional   .  .  . 86 

machinery,  etc 137 

deficiency    144 

Southern  Ilinois  State  Normal  School — -appropriation 71 

Springfield — appropriation,    local    improvements 138 

Springfield  Coal  Company — appropriation 106 

Springfield   Co-operative   Coal   Co. — appropriation 142 

Springfield  Gas  &  Electric  Co. — appropriation 142 

Springfield  Implement    Co. — appropriation 142 

Springfield    News-Record — appropriation 142 

Spruit,     C. — appropriation 104 

Spruit,    Florence — appropriation 104 

Standard  Blue  Print  and  Supply  Co. — appropriation 113 

Standard   Oil   Company — appropriation Ill,   112,   142 

Star-Times   Publishing   Company,    The — appropriation 98 

State    Board    of    Agriculture — appropriation,    account    of    Illinois    Centennial 

State   Fair 141 

State  Civil  Service — soldiers  and  sailors  given  preference  to  appointment....    292 

what  officers  and  employees   exempt 291 

State    Fairs — appropriation 64 

State  Finance — Act  in   relation   thereto 946 

State  Historical  Library — appropriation,  history  of  world  war 82 

State  Home   for   Epileptics — commitment 244 

State  Lands — conveyed  to  city  of  Jacksonville 953 

State  Moneys — Act  in   relation   thereto 954 

State  Normal  University — appropriation 6  7 

State  Officers — appropriation,    salary 76 

State  Sanatorium    for    Women — establishment 245 

State's    Attorneys — appropriation,    salaries 77 

State  Tax  Commission — appointment,  duties,  compensation 9,     11 

establishment,   duties,   powers,   etc 718 

State  Training   School  for   Girls,   The — appropriation 150 

deficiency    143 

commitment    242,   244 

State  Treasurer — appropriation,  ordinary  and  contingent 162 

appropriation,    salary 76 

deposit  of  State  funds 954 

Statutes — construction  of,   definition  of  terms 959 

Staunton   Leader,    The — appropriation 9S 

St.  Charles  School  for  Boys,  The — appropriation 150 

deficiency    143 

emergency    87 

St.  Clair  County  Gas  &  Electric  Co. — appropriation 121 

Stephenson  Mfg.   Co. — appropriation Ill 

Sterling,    Fred    E. — appropriation 142 

Stewart,   R.   G. — appropriation 110 

Stewart,    W,    H. — appropriation 110 

St.  Louis  National  Stock  Yards — appropriation 121 


1062  INDEX. 


PAGE. 

Stout,    Harry    E. — appropriation 142 

Stowell,    Charles    C. — appropriation 103 

St.    Patrick's    Church — appropriation 142 

Striffler  Ice  &  Coal  Co. — appropriation 142 

Strong,    Thos.    R. — appropriation 142 

Structural  Engineers — Act  regulating  practice 961 

Stuart,    D.    A. — appropriation 112 

Stubblefield,  Dr.  Frank  A. — appropriation 103 

Stuebe,    Leonard   F.   W.— appropriation 208 

Sudendorf,    E. — appropriation 142 

Sullivan,    John    F. — appropriation 112 

Sullivan   Oil   Company — appropriation '. ill 

Superintendent  of  Public  Instruction — appropriation,  ordinary  and  contingent  163 

salary    76 

Supreme  Court — appropriation,   ordinary  and  contingent L...L 166 

Supreme  Court  Reporter — appropriation,  ordinary  and  contingent 167 

Surgical  Institution  for  Children- — establishment,  maintenance  and  control.    246 

repeal  of  certain  sections  of  Act 247 

Surveyors — registration   and   regulations 966 

Swift  &  Company — appropriations Ill,    121,   142 

Swift,    H.    T. — appropriation 102 

Taft,  Carolyn — appropriation 104 

Tampico    Tornado,    The — appropriation 98 

Tanner,    Annie — appropriation 104 

Tanner,    James   E. — appropriation 113 

Taylor,   C.  W. — appropriation 104 

Telford,    G.    L. — appropriation 110 

Tenancy — see  "Joint  Rights  and  Obligations." 

Textbooks — Act  to  provide  same  free  to  schools 915 

Thatcher,  Mahlon  D.,   Jr. — appropriation 100 

Thayer   &   Co. — appropriation 142 

Thirty-third  Division  and   149th   Field  Artillery — reception,    appropriation 

for   expenses 99 

Tibbetts,    L.    O. — appropriation 110 

Thomas,    R.    R. — appropriation 121 

Thompson,    Joseph   J3. — appropriation , 126 

Thos.  E.  Wilson  &  Co. — appropriation 112 

Township  Organization — town  meeting,  etc. 969 

Townships — fees  and  compensation  of  officers 567 

libraries,   organization   of  directors,   etc 639 

parks  and  boulevards,  tax  levy 830 

Troxell.,  Kikendall  &  Company — appropriation 112 

Truax,  Chas.- — appropriation 142 

Trumbo,  W.     S. — appropriation . 142 

Trumbo,   Z.    T. — appropriation 109 

Trusts — administration    of 223 

Tuberculosis    Sanitariums — establishment    and   maintenance    by    cities.  ..  .864,   866 

establishment  and  maintenance  by  counties 866 

Tucker,  Nellie — appropriation 113 

Turner,    F.    C. — appropriation 110 

Twin   City  Publishing  Company — appropriation 98 

Underwood  Typewriter   Co. — appropriations 112,   113 

Uniform  Laws  Commission — appropriation,  ordinary  and  contingent 206 

United  Shoe    Machinery    Corporation — appropriation 106 

United    States    Trust    Company — appropriation 101 

University  of  Illinois — appropriation 142,  211 

tax  levy 867 

veterinary    college,    establishment 645 

Upham,    Mary    C. — appropriation 104 

Usedom,   Robt.   P. — appropriation 142 


INDEX.  1063 


PAGE. 

U.   S.  Fidelity  &  Guaranty  Co. — apporpriation in 

Van  Buren,  J.   W. — appropriation .' Ill 

Van  Camp   Manufacturing    Company — appropriation Ill 

Vaughan,    J.    B. — appropriation 113 

Venner,    James   Kent — appropriation 128 

Veterinary  College — establishment  at  University  of  Illinois 645 

Vicksburg   Military    Statue   Commission — re-appropriation 210 

Vilter   Manufacturing   Company — appropriation Ill 

Vincent,    Margaret — appropriation 102 

Vocational   Education — Act    establishing   same 928 

Wabash   Railroad  Company — appropriation. Ill 

Wahl,    W.    L. — appropriation 110 

Walters,    Charles — appropriation 128 

Walton,    Idella — appropriation 104 

Warrants — when  to  bear  interest.  .  .  . : 971 

Wash  Rooms — to  be  arranged  for  certain  employments 537 

Watchmen  at  State  House — appropriation,   salaries 77 

Water  Districts — tax  levy   868 

Watertown   State   Hospital,    The — appropriation 146 

deficiency    143 

Waterways — amendments    to    Act 872 

Illinois  and  Michigan  Canal,  Act  relating  thereto 876 

Illinois   Waterway,    appropriation 214 

construction   977 

issuance    of  bonds 988 

pollution    of    streams 990 

State  works  at  Henry  and  Copperas  Creek  granted  to  United  States 975 

Water  Works — tax  levy  by  cities 869 

Watkins,    Oscar,    legal    representative — appropriation 116 

Way,    C.    H. — appropriation 121 

Webster,    Ralph    W. — appropriation 113 

Weil     Bros. — appropriation Ill 

Wentworth,    Li.    Roger — appropriation 101 

Werden,     Buck — appropriation 105 

Westcott,    Oliver   J. — appropriation 101 

Western  Electric  Company — appropriation 107 

Western  Illinois   State  Normal   School — appropriation 73 

Western  Union  Telegraph    Co.,    The — appropriation Ill,    112,   113 

Western  United    Gas    and    Electric    Company — appropriation 105 

Westinghouse  Electric  &  Mfg.  Company — appropriation 106 

Whalen,    W.    P. — appropriation 114 

Whipple,    Henry    L. — appropriation 114 

Whiteside    Sentinel — appropriation 98 

Wicklander,    F.    J. — appropriation 110 

Wilder  &   Company — appropriation Ill 

Wilder  Tanning    Company — -appropriation Ill 

Will    County — appropriations 102,  103 

Wills — contests 991 

probate,   notice   and  record 993 

publication   and   service 994 

Wilson   &   Company — appropriations 106,  111 

Wilson  Jones  Loose  Leaf  Company — appropriation Ill 

W.  J.  Horn  Posting  Sign  System — appropriation 142 

Wm.  A.  Iden  Company — appropriation 108 

Wolf,    Paul    C. — appropriation 110 

Woman's   Prison,   The — appropriation 151 

Women — mothers  pension  Act,   tax  levy 7S0,  781 

State  sanatorium,   establishment 245 

Wood,    C. — appropriation 104 

Wood.    Frances    S. — appropriation 104 


1064  INDEX. 


PAGE. 

Wood,  Morris  &  Sons — appropriation HI 

Woodruff,   Eugene  Cyrus — appropriation 102 

Workmen's  Compensation — amending  Act 538 

Yates,   Hon.   Richard — monument  to  memory 93 

Tear  Book   Publishers,   The — appropriation 107 

Yoder,    Carl    H. — appropriation 103 

Young,    Annie — appropriation .  104 

Youngreen,    J.    L. — appropriation HO 

Zion    Investigating    Commission — appropriation 215 

Zoline,  Elijah  N. — appropriation 117 

Zoning  Law — creation  of  districts  by. cities 262 


JOINT  RESOLUTIONS. 

Adjournment — January  15  to  January  28 996 

January  30   to  February   4 996 

February  6   to  February  11 1015 

February  13   to  February   18 996 

February  20  to  February  26 996 

February  27  to  March  4 .'    996 

March  6    to   March    11 996 

March  20    to   March    25 997 

March   27    to   April    2 997 

April  3   to  April   8 997 

April   10    to    April    16 997 

April   17  to  April  22 997 

May  29  to  June  3 997 

Sine   die 998 

Building  Material — Investigation  of  Cost 998 

Canvass   Election   Returns — Joint   Assembly 999 

Conservation  of  Wild  Game 999 

Consideration  of  Revenue  and  Tax  Levy  Matters 1000 

Cook    County    Press    Club 1001 

Daylight   Savings   Law — Repeal   Urged 1001 

Death  of  Frank  E.   Armstrong 1002 

Death  of  Hon.  Thomas  E.  Merritt 1002 

Death  of  Hon.   Charles  A.  Walker 1003 

Demobilization  of  Soldiers   for   Farm  Labor 1003 

Employment  of  Soldiers  and  Sailors 1004 

Endorsement  of  the  American  legion 1005 

Expression  of  Appreciation  to  Old  Salem  Lincoln  League  and  Hon.  Homer  J.  Tice.  1005 

Fort   Creve    Couer — location 1005 

Health   Promotion   Weeks 1006 

Illinois    Centennial    Commission,    material    of,    to    become    property    of    Illinois 

State  Historical   Library 1006 

Intoxicating   Liquor — Ratification    of   Federal    Amendment 1006 

Investigation  of  Zion  City  and  Wilbur  Glenn  Voliva 1007 

Invitation  to  Hon.  William  H.  Taft 1008 

Irish  People — Rights  at  Peace  Conference 1008 

Italian  Government — Claims  before  Peace  Conference 1009 

Jewish  People — Persecution  in  Poland  and  Roumania 1010 

Jewish  People — rights   in    Palestine 1010 

Joint  Rules  of  House  and  Senate 1011 

Memorial  to  Congress — Conservation   of  Forests 1012 

Extra  Pay  for  Soldiers 1014 

National    Soldier    Settlement    Act 1014 

rail   road   Rates 1015 

Memorial    Exercises — Abraham    Lincoln : 1015 

Metropolitan    Court    Commission 1016 


HN1>EX.  ioi;5 


PAOB. 

Northwest  Territory — Memorial   to  Settlers 1016 

Officers  and  Committee  Rooms — Kept  and  Preserved  Intact 1017 

Public  Improvements — Work  on  same  Urged 1017 

Receiving    Governor — Joint    Session 1018 

Request  for  Parade   of  33rd  Division 1018 

Road  Building   Material — Investigation 1018 

Road  Building  Materials — Investigation 1018 

State  Board  of  Equalization — Investigation 1019 

State    Budget — Discussion 1019 

Suffrage  Amendment  for  Women 1020,   1021 

Tictory  Loan  Exercises 1021 


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