WESTERN ILLINOIS UNIVERSITY LIBRARY
ILLINOIS. 348ILLI
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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 :
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ELECTIONS.
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ELECTIONS. 5 1 5
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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