{"1": {"fulltext": "", "height": "3540", "width": "2199", "jp2-path": "governmentc00youn_0001.jp2"}, "2": {"fulltext": "LIBRARY OF CONGRESS,\\nJH^W\\nChap. Copyright No.\\nShelf_ _l_____-\\nUNITED STATES OF AMERICA.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0002.jp2"}, "3": {"fulltext": "", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0003.jp2"}, "4": {"fulltext": "", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0004.jp2"}, "5": {"fulltext": "", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0005.jp2"}, "6": {"fulltext": "", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0006.jp2"}, "7": {"fulltext": "THE\\nGovernment (Lass Book\\nA MANTWL OF iNBTRUi HON IN THE PRINCIPLES OF\\nCoNSTITUTIox AL GOVERNMENT AND Law.\\nWww I. Principles 01 Government.\\nBy ANDREW W. YOUNG,\\nAUTHOR OF AMi:ui\u00c2\u00ab w STATESMAN, 1 rnzi\\\\- MANUAL f QOVBRN-\\nKENT \\\\\\\\i r, \\\\w. i;t in\\nTHOROUGHLY ROTTE\\nBy SALTER S CLARK,\\nCOUNSELLOR tl LAW.\\nPart II. Tin-: (mivehnmext of [llis\\nby\\nHARRY PRATT JTJDSON, LL.D.\\nois.\\nNEW YORK\\nMayxahd. Merrill, Co.. Publishers,\\n\u00e2\u0080\u00a229. :jl m East 19th Strekt.\\n1900.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0007.jp2"}, "8": {"fulltext": "Sv\u00c2\u00bb\\nTWo Copies received,\\nl\u00c2\u00bb\u00c2\u00abry of c.. erM%\\nOfHceoftkt\\n\u00c2\u00ab\u00c2\u00abSl\u00c2\u00abt.r of C.p\u00c2\u00bb f rtu\\nskcono\u00c2\u00b0copy,\\n62836\\nCopyright, 1880 and 1885, by Clark Maynard.\\nCopyright, 1894 and 1900,\\nBY\\nMAYNARD, MERRILL, CO.\\nPress of J. J. Little Co.\\nAstor Place, New York", "height": "3406", "width": "1997", "jp2-path": "governmentc00youn_0008.jp2"}, "9": {"fulltext": "PREFACE\\nThe study of the principles of political science is a\\nnecessary part of a liberal education. In a country\\nwhere the people govern themselves the science of gov-\\nernment is a necessary part of a common-school educa-\\ntion. In the United States the people elect their own\\nlaw-makers and rulers, establish their own constitu-\\ntions, and determine even the fundamental principle)\\nupon which men shall be governed. The danger of\\nentrusting such power to the ignorant has not failed of\\nillustration in our States and cities. Having universal\\nsuffrage, the people must learn to govern themselves\\nfor the sake of their own preservation and welfare.\\nNor is a knowledge of the principles of legal science\\nless necessary to every citizen. The laws of man know\\nas little of mercy as the laws of nature, in that law\\nnever admits ignorance as an excuse for wrong. It is\\na proof of the essential justice of our system of juris-\\nprudence, that so many citizens pass safely through\\nlife, totally ignorant of the law, and relying merely\\nupon their own sense of what should be. And yet\\nevery day gives proof that ignorance is always dan-\\ngerous. The study of such a work as this will not\\nmake a youth a lawyer, but it will fix in his mind a\\nsystem of broad principles, which cannot fail to be\\nuseful practically.\\nThough these facts are self-evident, the popular", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0009.jp2"}, "10": {"fulltext": "4 PREFACE\\nstudy of law and good government has been strangely\\nneglected in this and every other country. The aim of\\nthis book, in supplying a manifest want, is to present,\\nin such form as to be used chiefly as a text-book for\\nschools, a broad and comprehensive view of the prin-\\nciples of government and law in the United States.\\nThese principles are substantially the same throughout\\nthe country, and the young may easily learn the varied\\nrights and duties of a citizen in relation to his govern-\\nment and his fellow-men.\\nThe book is divided into two parts\\nPart I., Principles of Government, is devoted (after\\na few chapters upon general principles), first, to gov-\\nernment by the State, and second, to government by\\nthe Nation. It is here that the book is believed to\\nhave its chief advantage over others of its kind. In\\nall that we have examined, either one or the other of\\nthese subjects has been neglected. Some of our Ameri-\\ncan youth have grown to manhood with so little appre-\\nciation of the political importance of the State, as to\\nbelieve it nothing more than a geographical division\\nothers have placed the State too high, and failed to\\nrealize the power and dignity of the Nation. In real-\\nity, the National Government, on the one hand, is of\\nfar greater historic interest and permanent political\\nimportance, as really governing the future freedom or\\nserfdom of the people. On the other hand, the State,\\nwhich says whether the particular individual shall vote,\\nwhat rights of property he shall have, and what shall\\nbe the punishment for his crimes, enters far more into\\nthe daily affairs of the single citizen, touches him at\\nmore points, and is therefore of greater temporary in-\\nterest. Both subjects should be studied^ and it is of", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0010.jp2"}, "11": {"fulltext": "PREFACE 5\\nespecial importance at this time that their relation to\\neach other should be clearly presented to the youth of\\nthe land, for State rights and National rights must\\nforever coexist.\\nPart II., The Government of Illinois. This part\\ntreats of the State and local government of Illinois,\\nand gives a careful analysis of its constitution, which\\nis printed in lull in the appendix.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0011.jp2"}, "12": {"fulltext": "", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0012.jp2"}, "13": {"fulltext": "CONTENTS\\nPART I Principles of Government\\nDIVISION I\\nGeneral Principles\\nCHAPTEB PA\u00c2\u00bb1\\nI. Mankind fitted for Society, Government, and Law, 11\\nII. Rights, Liberty, and Law, classified, .14\\nIII. Different Forms of Government, .19\\ndivision n\\nState Governments\\nSECTION I\u00e2\u0080\u0094 INTRODUCTORY\\nTHEIR BASIS\u00e2\u0080\u0094 THE CONSTITUTION: ELECTIONS: THREE DEPARTMENTS\\nIV. Constitutions: Their Nature, Object, and Establish-\\nment, 23\\nV. Qualifications of Electors, 26\\nVI. Elections, 29\\nVII. Division of Powers of Government, .32\\nsection n\\nLEGISLATIVE DEPARTMENT\\nVIII. Legislature how constituted, .85\\nIX. Meetings and Organization, 38\\nX. Manner of Enacting Laws, 41", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0013.jp2"}, "14": {"fulltext": "CONTENTS\\nSECTION HI\\nEXECUTIVE DEPARTMENT\\nCHAPTER PAGE\\nXI. State Officers 46\\nXII. County Offices, 49\\nXIII. Town Officers, 56\\nXIV. Cities and Villages, 59\\nXV. Taxes, 63\\nXVI. Education, 67\\nXVII. Public Institutions, 72\\nXVIII. Militia, 75\\nSECTION IV\\nJUDICIAL DEPARTMENT\\nXIX. Courts, 78\\nXX. Legal Proceedings, 82\\nDIVISION III\\nThe National Government\\nSECTION I\\nITS ORIGIN AND NATURE\\nXXI. Government before the Revolution,\\nXXII. The Confederation\\nXXIII. The Union under the Constitution,\\nXXIV. Constitution of the United States,\\n96\\n100\\n104\\nSECTION II\\nLEGISLATIVE DEPARTMENT\\nXXV. House of Representatives,\\nXXVI. Senate\\nXXVII. General Legislative Regulations,\\nXXVIII. Powers of Taxation,\\nXXIX. Power to Regulate Commerce,\\nXXX. Other Powers relating to Peace,\\nXXXI. Powers relating to War,\\nXXXII. Prohibitions on the United States,\\nXXXIII. Prohibitions on the States,\\n130\\n134\\n137\\n140\\n143\\n147\\n155\\n160\\n163", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0014.jp2"}, "15": {"fulltext": "CONTENTS\\nSECTION III\\nEXECUTIVE DEPARTMENT\\nCHAPTER PAGE\\nXXXIV. President and Vice-President: Election, Qualifica-\\ntions, etc., 168\\nXXXV. Powers and Duties of the President, .172\\nXXXVI. Auxiliary Executive Departments, 176\\nSECTION IV\\nJUDICIAL DEPARTMENT\\nXXXVII. National Courts and their Jurisdiction, 180\\nXXXVIII. Treason, 185\\nSECTION V\\nMISCELLANEOUS PROVISIONS\\nXXXIX. Relations of States,\\nXL. Amendment: Debt: Supremacy: Oath:\\nification,\\nXLI. The First Twelve Amendments,\\nXLII. The 13th, 14th, and 15th Amendments.\\nrest: Rat-\\n187\\n190\\n193\\n199\\nPART II. The Government r Illinois.\\nCHAPTER l Ai.K\\nI. Historical Sketch,\\nII. The Land and the People, 25\\nIII. Political Divisions of the State, .28\\nIV. The State Government\u00e2\u0080\u0094 The Constitution. 4:.}\\nV. The State Government\u00e2\u0080\u0094 The Legislature, 56\\nVI. The State Government\u00e2\u0080\u0094 The Executive Depart-\\nment, 74\\nVII. The Executive\u00e2\u0080\u0094 Con tin ucd 84\\nVIII. The Judiciary, 114\\nIX. Local Government Counties and Towns. 123\\nX. Local Government Municipalities, 137", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0015.jp2"}, "16": {"fulltext": "10 CONTENTS\\nCHAFTEB TAGE\\nXI. Public Revenue, ,150\\nXII. Public Education, 155\\nXIII. Constitutional Restrictions on the Powers of Gov-\\nernment, 1G6\\nXIV. Illinois and the United States, .194", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0016.jp2"}, "17": {"fulltext": "PRINCIPLES\\nOF\\nGrOYERNMENT AND LAW\\nPART I\\nPrinciples of Government\\ndivision i\\nGeneral Principles\\nCHAPTER I\\nMANKIND FITTED FOR SOCIETY, GOVERNMENT, AND LAW\\n1. Mankind Social Men are by nature fitted for\\nsociety. By this we mean that they are naturally\\ndisposed to associate with each other. They could not\\nbe happy without such association. Hence we conclude\\nthat the Creator has designed men for society.\\n2. Dependent on Each Other Man is so formed\\nthat he is dependent upon his fellow-men. He has\\nnot the natural strength of some animals. We can\\nhardly imagine how a man could defend himself\\nagainst the beasts, or even procure the necessaries of\\nlife, without assistance from his fellow-beings. But\\nby means of speech men learn from each other how to", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0017.jp2"}, "18": {"fulltext": "12 PRINCIPLES OF GOVERNMENT\\nsupply their wants and improve their social condi-\\ntion.\\n3. Each Must Support Himself But, although\\nmen need the assistance of each other, society is\\nso formed that each must take care of himself. If\\nevery man were fed and clothed from a common\\nstore provided by the labor of all, many, depending\\nupon the labor of others, would be less industrious\\nthan they now are. By the present arrangement,\\nwhich obliges every man to provide for his own\\nwants, more is produced, a greater number are cared\\nfor, and the general welfare is better promoted than\\nif each labored for the benefit of all.\\n4. Right of Property From this arrangement\\ncomes the right of property. If each man s earnings\\nshould go into a common stock for the use of all,\\nthere would be nothing that any one could call his\\nown. But if each is to provide for himself, he must\\nhave a right to use and enjoy the fruits of his own\\nlabor.\\n5. Common to All But all men in society have the\\nsame rights. Therefore we cannot rightfully supply\\nour own wants or gratify our own desires any further\\nthan is consistent with the rights of others. But man\\nis by nature selfish, and many would infringe the rights\\nof others, for their own selfish ends, unless restrained.\\nHence we see the necessity of some fixed rules that\\neach one may know what he may do, and what he must\\nnot do.\\n6. Law These rules for regulating the social actions\\nof men are called laws. Zaw, in a general sense, is a\\nrule of action, and is applied to all kinds of action as,\\nthe law of gravitation, the laws of chemistry, etc. But", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0018.jp2"}, "19": {"fulltext": "GENERAL PRINCIPLES 13\\nin a limited sense, it denotes the rules of human action\\nprescribing what men are to do, and forbidding what\\nthey are not to do.\\n7. Man a Moral Being We have seen that man is\\nfitted for law, because he is designed for society, and\\nlaw is necessary to govern society. By nature, also,\\nhe is fitted for government and law, because he is a\\nmoral being. The word moral has various significa-\\ntions. When we say, a moral man, we mean a virtuous\\nor upright man. But in a wider sense it relates to the\\nsocial actions of men, both right and wrong, as when\\nwe say, his morals are good, or his morals are bad.\\nWhen it is said that man is a moral being, it is meant\\nthat he has a sense of right and wrong, or at least the\\npower of acquiring it. He knows what is right and\\nwhat is wrong, and he knows that lie ought to do the\\nright and avoid the wrong. Therefore he is fitted to\\nunderstand why laws are right.\\n8. Government Necessary Thus we have seen that\\nmen are social, reasonable, and moral beings, and that\\nfor each one of these reasons they are litted for society\\nand law. But law cannot exist without government.\\nLaw is a rule of action laid down by the supreme power,\\nand if there is no supreme power there can be no law.\\nHence we see the necessity for government It is not\\nprobable that people knowingly acted on these prin-\\nciples in first forming governments; that is, deliber-\\nately met together and agreed to have a certain\\ngovernment and certain laws. But it is these princi-\\nples that maintain law and government now.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0019.jp2"}, "20": {"fulltext": "14 PRINCIPLES OF GOVERNMENT\\nCHAPTEK II\\nEIGHTS, LIBERTY, AND LAW, CLASSIFIED\\n1. Rights A right is a just claim. We have a right\\nto what we have acquired by honest labor, or other\\nlawful means, because we are justly entitled to freely\\nuse and enjoy it. We have a right to our lives, and\\nto our freedom that is, to do whatever we think\\nnecessary for our own safety and happiness, provided\\nwe do not trespass upon the rights of others, because it\\nwould be unjust to deprive us of our lives or freedom.\\n2. How Forfeited But society has its rights also,\\nand if we infringe them it is just we should be punished\\nby losing some of our own. We may forfeit them by\\nsome offence or crime. If, for example, a man is fined\\nfor breaking a law, he loses his right to the money he\\nis obliged to pay. By stealing, he forfeits his liberty,\\nand may be justly imprisoned. By committing murder,\\nhe forfeits his right to life, and may be hanged.\\n3. Political Rights Rights are political or civil.\\nPolitical rights are those which each citizen has with\\nreference to sharing in the government. The word\\npolitical, in a general sense, relates to the government.\\nThe whole body of the people united under one gov-\\nernment is called the political body, or body politic.\\nThe right of the people to choose and establish for\\nthemselves a form of government, or constitution, and\\nthe right to elect persons to make and execute the laws,\\nare political rights. The right of voting at elections is\\ntherefore a political right. Political rights are derived\\nfrom the constitution. Under absolute monarchies,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0020.jp2"}, "21": {"fulltext": "GENERAL PRINCIPLES 15\\ntherefore, where there is no constitution, the people\\nhave no political rights; under democracies they have\\nmore than under any other form of government.\\n4. Civil Rights are all those which are not political.\\nThey are the rights which govern our ordinary, every-\\nday actions; such as, the right to go where we pi\\nto do whatever we wish with our own property, or to\\ncontrol our children. They arc also called natut-al\\nrights, because given to us by nature, or by birth and\\nsometimes inalienable rights, because they cannot justly\\nbe taken away from us. They are called civil because\\nthey relate to the ordinary duties of a citizen.\\n5. Absolute Civil Bights Civil rights are either\\nabsolute or relative. The absolute civil rights are such\\nas we have as individuals, as members of society, in\\nour relations to all the other members of society.\\nThey are divided into three classes: the right of per-\\nsonal security, which is the right to be secure from\\ninjury to life, body, health, or reputation the right of\\npersonal liberty, which is the right to go wherever we\\nplease; and the right of private property, or the right\\nto acquire property and enjoy it without disturbance.\\nThese are often oaXhed personal rights, or the rights of\\npersons. The term rights of person includes only the\\nfirst two viz., the rights of personal security and p r-\\nsonal liberty. Religious rights, which consist in the\\nright to worship God in whatever way each one thinks\\nbest, and to make known and maintain his religious\\nbeliefs, are absolute rights.\\n6. Relative Civil Rights are such as Ave have in our\\nrelations to particular persons or classes. They are\\neither public or private. The public relative civil\\nrights are those we have in our relations to the gov-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0021.jp2"}, "22": {"fulltext": "16 PRINCIPLES OF GOVERNMENT\\neminent (except the right to share in it) as, the right\\nto be protected by it, and the right the government\\nand its officers have to our obedience. The private\\nrelative civil rights are such as are connected with the\\nfour relations of husband and wife, parent and child,\\nguardian and ward, and employer and employed as,\\nthe right of the parent to be obeyed by the child, or\\nthe right of the wife to be supported by her husband.\\n7. Liberty is the being free to exercise and enjoy\\nour rights, and is called natural, political, civil, or\\nreligious, according to the particular class of rights\\nreferred to. Thus the exercise of rights guaranteed\\nby the constitution or political law is called political\\nliberty. The free enjoyment of rights secured by the\\ncivil or municipal laws is called civil liberty. And free-\\ndom of religious opinion and worship is called religious\\nliberty. Freedom of speech and freedom of the press\\nmean the liberty to speak and print whatever we\\nchoose, provided we do not abuse the right.\\n8. Law It is easy to see that it makes little dif-\\nference how many rights a man has, unless there is\\nsome power to insure him the liberty to enjoy them.\\nThe object of law is to secure to all men the various\\nkinds of rights we have described. It has different\\nnames, corresponding to the kinds of rights which it\\nprotects; as, the political law, which secures our polit-\\nical rights, and the civil or municipal law, which\\nsecures our civil rights. The word 7nunicipal was\\nused by the Komans to designate that which related\\nto a municipium i.e., a free town, or city. And so,\\noften, we use the term municipal law as denoting the\\nlaw that relates to cities or towns, but here it is used\\nin a broader sense, and includes the body of laws", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0022.jp2"}, "23": {"fulltext": "GENERAL PRINCIPLES 17\\nwhich prescribe what we may, or must not, do, and is\\nequivalent to civil law* The constitution is the polit-\\nical law the body of laws governing the ordinary\\nactions of men is the civil or municipal law and the\\nrules which regulate the intercourse of nations consti-\\ntute international law.\\n9. The Moral Law is that which prescribes man s\\nduties not only to his fellow-men, but also to God. It\\nis briefly expressed in the decalogue, or ten command-\\nments, and is still more briefly summed up in the two\\ngreat commandments, to love God with all our heart,\\nand to love our neighbor as ourselves. It is sometimes\\ncalled the divine law, because God is its author; and\\nthe revealed law, or law of revelation, because it is\\nrevealed to man in the Scriptures. As a rule of eon-\\nduct it is also the same as the law of nature, the only\\ndifference between them being in their origin; the\\nformer, the revealed law, coming directly from God,\\nand the latter, the law of nature, coming from nature\\nthat is, our own consciousness in its perfect state.\\n10. Broader than Civil Law Although the moral\\nlaw is a perfect rule of action, to which all human laws\\nought to conform, yet the civil law does not, and can-\\nnot, embrace all that the moral law does. The moral\\nlaw is directed not only to the outward acts, but also\\nto the thoughts and intents of the heart. It requires\\nus to love our Creator supremely, ana our neighbor as\\nourselves in other words, to do to others as we would\\nthat they should do to us. But as the omniscient God\\nonly knows when men fail in these duties, no human\\nCare must be taken to distinguish the term, as used in this con-\\nnection, from the Civil Law, a name for the old Roman law.\\n2", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0023.jp2"}, "24": {"fulltext": "18\\nPRINCIPLES OF GOVERNMENT\\nauthority could enforce such a law. Human laws,\\ntherefore, have respect chiefly to the outward acts of\\nmen, and are designed to regulate their intercourse\\nwith each other.\\nEights of Citizens\\nI. POLITICAL; these are\\n1. Eight of all to establish a government, and\\n2. Eight of each to share in it, by voting.\\nII. CIVIL these are\\n1. Absolute they are the right of\\n1. Personal Security,\\nI 2. Personal Liberty, and\\n3. Private Property.\\n2. Relative? these are\\n1. Public they are\\n1. Eight of people to protec-\\ntion of government, and\\n2. Eight of government to\\nobedience of people.\\nk 2. Private arising from relations of\\n1. Husband and wife,\\n2. Parent and child,\\n3. Guardian and ward, and\\n4. Employer and employed,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0024.jp2"}, "25": {"fulltext": "GENERAL PRINCIPLES 19\\nCHAPTER III\\nDIFFERENT FORMS OF GOVERNMENT\\n1. Patriarchal Government Governments have\\nexisted in a great variety of forms. Most existing\\ngovernments are, more or less, mixtures of the differ-\\nent kinds. The earliest governments of which we\\nhave any knowledge are the patriarchal. Patriarch,\\nfrom the Greek pater, father, and arckos, chief, or head,\\nmeans the father and ruler of a family. This kind of\\ngovernment prevailed in the early ages of the world,\\nand is the form adapted to a state of society where the\\npeople dwell together in families or tribes, and are not\\nyet formed into states or nations. A bra ha in was a\\npatriarchal ruler.\\n2. Theocracy After their departure from Egypt,\\nthe government of the Hebrews was a tin ocracy. This\\nword is from theos, God, and kratos, power, and sig-\\nnifies a government by those who are also the relig-\\nious rulers, or, as it is claimed, by the immediate direc-\\ntion of God. The laws by which they were governed\\nthey believed were given to them on Mount Sinai by\\nGod himself, their leader and king.\\n3. Most Common Forms But the most common\\nforms of government are monarchy, aristocracy, and\\ndemocracy. Many claim that all kinds of government\\nmay be reduced to one of these three. For example,\\nthe patriarchal government is but a kind of monarchy.\\nThe power of government is, in a general sense, called\\nthe supreme power, or sovereignty.\\n4. Monarchy The form of government in which", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0025.jp2"}, "26": {"fulltext": "20 PRINCIPLES OF GOVERNMENT\\nthe supreme power is in the hands of one person is\\ncalled a monarchy. The word monarch is from two\\nGreek words, monos, sole or only, and archos, a chief\\nand is a general name for a single ruler, whether he\\nbe called king, emperor, or prince. A government in\\nwhich all power resides in or proceeds from one person\\nis an absolute monarchy. If the power of the monarch\\nis restrained by laws or by some other power, it is\\ncalled a limited monarchy. The English Government\\nis a limited monarchy. A monarchy is called hered-\\nitary in which the crown passes from father to son, or\\nfrom the monarch to his successor, by inheritance.\\nOn the death of a sovereign, the eldest son is usually\\nheir to the crown. A monarchy is elective where, on\\nthe death of the ruler, his successor is appointed by an\\nelection. Only a few such monarchies have existed.\\n5. Despotism An absolute monarchy is sometimes\\ncalled despotism. The words despot and tyrant at first\\nmeant simply a single ruler. They are now applied,\\nfor the most part, to rulers who exercise authority\\nover their subjects with severity. In an absolute des-\\npotism, the monarch has entire control over his sub-\\njects. They have no law but the will of the ruler, who\\nhas at command a large force of armed men to keep\\nhis people in subjection. The governments of Kussia\\nand Turkey are more despotic than any others in\\nEurope.\\n6. Aristocracy is the form of government in which\\nthe power is exercised by a privileged order of men,\\ndistinguished for their rank and wealth. The word\\naristocracy is from the Greek word aristos, best, and\\nkratofi, power, or krateo, to govern and meant, orig-\\ninally, government by the best men. It is also used", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0026.jp2"}, "27": {"fulltext": "GENERAL PRINCIPLES 21\\nfor the nobility of a country under a monarchical gov-\\nernment. Nobles are persons of rank above the com-\\nmon people, and bear some title of honor. The titles\\nof the English nobility are duke, marquis, earl, vis-\\ncount, and baron. These titles are hereditary, being\\nderived from birth. In some eases they are conferred\\nupon persons by the king.\\n7. Democracy is government by the people; the\\nword democracy being from the Greek demos, the\\npeople, and krctieo, to govern. In a government purely\\ndemocratic, the great body of freemen meet in one\\nassembly to make and execute the laws. There were\\nsome such governments in ancient Greece; but they\\nnecessarily comprised small territories, scarcely more\\nthan a single town. The freemen of a state could not\\nall meet in a single assembly.\\nH. A Republic is that kind of democracy in which\\nthe power to enact and execute the laws is exercised\\nby representatives, who are persons elected by the\\npeople to act for them. The people not only enact the\\nlaws and execute them through the representatives\\nwhom they elect, but also adopt their own constitution\\nor form of government, and thus all power comes from\\nthe people, the government being properly called a\\nrepresentative democracy. A republic is sometimes also\\ncalled a commonwealth, because its object is the com-\\nmon happiness of all.\\n9. In this Country the people are everywhere under\\ntwo governments, the State and the National Govern-\\nment. The United States is a republic, and so, also,\\nis each State. Each State has given up to the Nation\\nthose powers and duties which naturally belong to a\\nnation in its relations with foreign powers, as the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0027.jp2"}, "28": {"fulltext": "22 PRINCIPLES OF GOVERNMENT\\nright to make war or treaties, and also has given up\\nthe power to make laws on subjects in which all the\\npeople in the country are interested together, as com-\\nmerce, the coining of money, arid patents. But the\\nState retains all the powers it has not given up, and\\nboth State and National Governments are independent\\nof each other, each in its own sphere. The Territories,\\nuntil they become States, are under the United States\\nGovernment. It grants them, to a certain extent,\\nthrough Congress, self-government, on the plan of the\\nState governments, but it can take it away at any\\ntime.\\nKinds of Goveenment\\nI. Monarchy this may be,\\n1. As to Power,\\nj 1. Absolute, or\\n2. Limited.\\n2. As to Title,\\n1. Hereditary, or\\nt 2. Elective.\\nII. Aristocracy?\\nIII. Democracy this may be,\\nj 1. Pure Democracy, or\\n2. Republic.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0028.jp2"}, "29": {"fulltext": "DIVISION II\\nState Governments\\nSECTION L\u00e2\u0080\u0094 INTRODUCTORY\\nTheir Basis, the Constitution; Elections; Three Depart-\\nments\\nCHAPTER IV\\nconstitutions: their nature, object, and estab-\\nlishment\\n1. Republic the Best Government Of all the\\ndifferent forms of government which have existed, a\\nrepublican government, on the plan of that which has\\nbeen established in this country, is believed to be best\\nadapted to secure the liberties of a people, and to pro-\\nmote the general welfare. Under the reign of a wise\\nand virtuous ruler, the rights of person and property\\nmay be fully enjoyed, and the people may be in a good\\ndegree prosperous. But the requisite virtue and wis-\\ndom combined have seldom been found in any one\\nman {i.e., a monarchy), or a body of men (i.e., an\\naristocracy). And, as Ave in this country believe, ex-\\nperience has proved that the objects of civil govern-\\nment may be best secured by a written constitution\\nfounded upon the will or consent of the people. Each\\nState in the Union has such a constitution, and the\\nNation itself has one.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0029.jp2"}, "30": {"fulltext": "24 STATE GOVERNMENTS\\n2. Constitution The word constitute is from the\\nLatin, and signifies to set, to fix, to establish. Consti-\\ntution, when used in a political sense, means the estab-\\nlished form of government of a state. In a free\\ngovernment, like ours, it is properly called the political\\nlaw, being established by the people as a body politic.\\n(Page 16, 8.) It is also called the fundamental law,\\nbecause it is the foundation of all other laws of the\\nstate, and of all the powers of the state, legislative,\\nexecutive, and judicial.\\n3. Nature A constitution is in the nature of an\\nagreement between a whole community, or body politic,\\nand each of its members. This agreement or contract\\nimplies that each one binds himself to the whole, and\\nthe whole binds itself to each one, that all shall be\\ngoverned by certain laws and regulations for the com-\\nmon good.\\n4. Convention In forming a constitution, the peo-\\nple must act collectively. But their number is too\\nlarge to meet in a single assembly. Therefore they\\nchoose a small number to act for them. One or more\\nare chosen in each county, or smaller district, and are\\ncalled delegates. A delegate is a person appointed by\\nanother with power to transact business as his repre-\\nsentative. The assembly composed of the delegates so\\nelected is called a convention, a name given to most\\npublic meetings other than legislative assemblies. The\\nconvention draws up in proper form a paper contain-\\ning the fundamental laws and general form of govern-\\nment, under which it thinks the people wish to be\\ngoverned.\\n5. Adoption by People But what has thus been\\nprepared by the convention is not yet a constitution.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0030.jp2"}, "31": {"fulltext": "INTRODUCTORY 25\\nIt is only a draft of one, and cannot, in general, be\\ncome a constitution without the consent of the people\\nto be given at an election. If a majority of the per-\\nsons voting at such election vote in favor of the\\nproposed constitution, it is adopted, and becomes the\\nconstitution of the State.\\nAmendment A constitution usually provides for\\nits own amendment. Amendments are, generally, pro-\\nposed and passed by the legislature, sometimes on two\\nsuccessive years, and then submitted to the people.\\n7. Value One of the most valuable rights of the\\npeople under a free government is the right to have a\\nconstitution of their own choice. Indeed, it is in this\\nright that their freedom principally consists. It is\\nby the constitution that their rights are secured. The\\nlegislature can pass no laws that the constitution for-\\nbids, and if they should enact unjust and oppressive\\nlaws, the people, having by their constitution reserved\\nthe right to displace them, may do so by electing\\nothers in their stead.*\\n8. Other Governments In an absolute monarchy\\nthe people have neither the right to establish their\\nown form of government, nor the right to elect their\\nlaw-makers. The will of the monarch is the only law.\\nIn a limited monarchy they have some political rights.\\nIn Great Britain the people elect representatives to the\\nHouse of Commons, which is the most important part\\nIt would seem to follow from this thai the people of any State,\\nhaying the right to select their own form of government, might, if\\nthey wished, choose any form for example, a monarchy. But it\\nmust be remembered that this country is a nation, and not a collec-\\ntion of States, and that the United States Constitution has guaran-\\nteed to every State in the Union a republican government, or, in\\nother words, forbidden any other form.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0031.jp2"}, "32": {"fulltext": "26 STATE GOVERNMENTS\\nof the legislature but they did not originally establish\\nthe form of government. The English have no written\\nconstitution. What is called the English constitution\\nconsists of the body of fundamental laws, principles,\\nand customs which in the course of centuries have\\nbecome securely fixed. But Parliament, the English\\nlaw-making bodv has the power to make any law it\\nsees fit.\\nCHAPTER Y.\\nQUALIFICATIONS OF ELECTORS.\\n1. Electors One of the first provisions usually\\ninserted in the constitution of a free state is that\\nwhich declares who shall be allowed to take a part in\\nthe government that is, to whom the political power\\nshall be intrusted. The political power of the people\\nconsists chiefly in the right to vote, called the right\\nof suffrage. The constitution regulates this, and does\\nnot give it to every one in the state, but only to such\\nas are qualified to exercise it understand ingly. Those\\nwho have the right of suffrage are called electors*\\nWhen, therefore, we speak of the people politically, we\\nmean those only who are qualified electors.\\n2. Age An elector must be twenty-one years of\\nage. Before that age young men have not the neces-\\nsary knowledge and judgment to act with discretion.\\nSome are competent at an earlier age but a constitu-\\ntion can make no distinction between citizens. It has,\\ntherefore, in accordance with the general opinion, fixed\\nthe time at the age of twenty-one when men shall be\\n*Thesearenol Presidential Electors. The word is used here in a\\ngenera] sense. For Presidential Electors, sec page 1G9.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0032.jp2"}, "33": {"fulltext": "INTRODUCTORY 27\\ndeemed capable of exercising the rights and perform-\\ning the duties of freemen.\\n3. Sox It is a genera] rale that no woman can vote,\\nalthough the question has been settled in some States\\nin favor of woman suffrage.\\n4. Residence That a man may vote understand-\\ningly, he must have resided Long enough In the State\\nto have become acquainted with its government and\\nlaws, and to have learned the character and qualifica-\\ntions of the persons for whom he VOt State con-\\nstitutions therefore require that electors shall have\\nresided in the State for a specified period of time, vary-\\ning, however, in the different States from three months\\nto two years. In most of the States they must also\\nhave resided for some months in the county or district,\\nand be residents of the town in which they oiler to vote.\\n5. Aliens Persons born in foreign countries are\\nalien*) and in most States have no right to vote.\\nThey are presumed to have too little knowledge of our\\ngovernment, and to feel too little interest in public\\naffairs, on their first coming hither, to be duly quali-\\nfied for the exercise of political power. Laws, however,\\nhave been enacted for naturalizing aliens after they shall\\nhave resided here long enough to become acquainted\\nwith and attached to our government. By naturaliza-\\ntion they become citizens, entitled to all the privileges\\nof native or natural-born citizens except election to the\\noffice of President or Vice-President. (See page 148.)\\n6. Criminals It is provided also in State constitu-\\ntions that electors convicted of infamous crimes are\\ndisfranchised. Franchise is a right or privilege. The\\nright of voting is called the elective franchise and\\nan elector when deprived of this privilege is dls-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0033.jp2"}, "34": {"fulltext": "28 STATE GOVERNMENTS\\nfranchised. Men guilty of high crimes are deemed\\nunfit to be intrusted with so important a duty as that\\nof electing the persons who are to make and execute\\nthe laws of the State. It is provided, however, that if\\nsuch persons are pardoned before the expiration of the\\nterm for which they were sentenced to be imprisoned,\\ntheir forfeited rights are restored.\\n7. Idiots and lunatics have no right to vote, for the\\nreason that they cannot use it understandingly.\\n8. Property In general it is not now necessary for\\nan elector to own property. By the earliest constitu-\\ntions of many of the old States, electors were required\\nto own property, or to have paid rents or taxes, to a\\ncertain amount. In the constitutions of the newer\\nStates, and the amended constitutions of the old States,\\nproperty has not been made a qualification of an elector.\\nIn many States, however, paupers have no vote.\\n9. Color There is now no distinction of color in\\nthe right to vote, and the negro has the same privilege\\nas the white man in all the States. Up to the adoption\\nof the fifteenth amendment to the Constitution of the\\nUnited States, in 1870, colored people, whether slave\\nor free, could not vote in the Southern States, and in\\nonly three or four of the Northern States.\\nRecent laws have greatly restricted the immigration\\nof the Chinese. As a rule, they have no political rights\\nin this country.\\nThus it will be seen that while all the people in a\\nState have civil rights, less than half have political\\nrights.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0034.jp2"}, "35": {"fulltext": "INTRODUCTORY 29\\nCHAPTER VI\\nELECTIONS\\n1. When Held\u00e2\u0080\u0094 For the convenient exercise of\\npolitical power, ;is well as for the purpoa em-\\ninent generally, the territory of a State is divided into\\ndistricts of small extent. A State is divided into\\ncounties, and these are divided into towns or town-\\nships. The people of every county and every town\\nhave power to manage their local concerns. The\\nelectors of the State meet every year in their respective\\ntowns for the election of officers. Governors in most\\nof the States are elected every two or four years, but\\nmany oilicers elected by the people are chosen every\\nyear. All the electors of the State may vote lor State\\nofficers, but only residents of the respective towns or\\ncounties can vote for the town and county oilicers.\\nIn most States the general State election is held in\\nOctober or November.\\n2. Inspectors of Election Elections are conducted\\nby persons designated by law, or chosen by the electors\\nof the town, for that purpose. It is their duty to pre-\\nserve order, and to see that the business is properly\\ndone. They are usually called judges f ih -ti or in-\\nspectors of election. Persons also (usually two) serve\\nas clerks. Each clerk keeps a list of the names of the\\npersons voting, which is called a poll-list. 11, which\\nis said to be a Saxon word, signifies Jua and has come\\nto mean person. By a further change it has been made\\nto signify an election or the place where the voting is\\ndone.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0035.jp2"}, "36": {"fulltext": "30 STATE GOVERNMENTS\\n3. Voting The polls, i.e., the voting places, are gen-\\nerally open one day, from sunrise to sunset. The in-\\nspectors receive from each voter a ballot, which is a\\npiece of paper containing the names of the persons\\nvoted for, and the title of the office to which each of\\nthem is to be elected. The voting in most of the\\nStates is by ballot, but in one or two it is viva voce\\nthat is, by the elector speaking the name of the person\\nfor whom he votes.\\n4. Challenging If no objection is made to an\\nelector s voting, the ballot is put into the box and the\\nclerks enter his name on the poll-list. If the inspec-\\ntors suspect that a person offering to vote is not a\\nqualified elector, they may question him upon his oath\\nin respect to his age, the term of his residence in the\\nState and county, and citizenship. Any bystander also\\nmay question his right to vote. This is called challeng-\\ning. A person thus challenged is not allowed to vote\\nuntil the challenge is withdrawn, or his qualifications\\nare either proved by the testimony of other persons or\\nsworn to by himself.\\n5. Registration In a few States the voters are\\nregistered, especially in the large cities. A list is made\\nsome days before the election, of the names of all who\\npresent themselves and, upon examination, are shown\\nto be qualified electors and those only whose names\\nhave been registered are allowed to vote on election-\\nday. Thus many interruptions to voting by the exami-\\nnation of voters at the polls, and much illegal voting,\\nare prevented.\\n6. Canvassing After the polls are closed, the box\\nis opened and the ballots are counted. This is called\\ncanvassing the votes. If the number of ballots agrees", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0036.jp2"}, "37": {"fulltext": "INTRODUCTORY 31\\nwith the number of names on the poll-lists, it is pre-\\nsumed no mistake lias been made either in voting r\\nin keeping the lists. If there are more ballots than\\nnames, in some States the election will be void, in\\nothers a number of ballots equivalent to the excess will\\nbe drawn out and destroyed. If the election is one for\\nthe choosing of town officers, it is there determined\\nwho are elected, and their election is publicly declared.\\nThe election of county and State officers cannot be\\ndetermined by the town canvassers. A statement of\\nthe votes given in each town for the persons voted for\\nis sent to the county canvassers, who, from the returns\\nof votes from all the towns, determine and declare\\nthe election of the officers chosen for the county. To\\ndetermine the election of State officers, and of sucb\\nothers as are elected for districts comprising more than\\none county, a statement of the votes given for the\\nseveral candidates is sent by the several boards of\\ncounty canvassers to the State canvassers, who, from\\nthe returns of votes from the several counties, deter-\\nmine the election of the State officers.\\n7. Number Necessary In most of the States per-\\nsons are elected by a plurality of votes. An election\\nby plurality is when the person elected has received a\\nhigher number of votes than any other, though such\\nnumber be less than half of all the votes given. Sup-\\npose, for example, three candidates receive 1,000 votes\\none receives 450; another, 300; the third, 250 votes.\\nThe first, having the highest number, though not a\\nmajority, is elected. In most of the States of New\\nEngland a majority that is, more than one half of all\\nthe votes given is necessary to the election of many\\nof the higher officers. The least number of votes out", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0037.jp2"}, "38": {"fulltext": "32 STATE GOVERNMENTS\\nof 1,000, by which a person can be elected by this rule,\\nis 501.\\n8. Objections Either of these modes is open to\\nobjection. When a simple plurality effects an election,\\n1,000 votes may be so divided upon three candidates as\\nto elect one by 334 votes or of four candidates, one\\nmay be elected by 251 votes, and against the wishes of\\nnearly three fourths of the electors. The objection to\\nthe other mode is that if no person receives a majority\\nof all the votes, another election must be held. Nu-\\nmerous trials have, in some instances, been necessary\\nto effect a choice and the people of a district have\\nremained for a time without a representative in the\\nState or national legislature.\\nCHAPTER VII\\nDIVISION OF POWEKS OF GOVERNMENT\\n1. Three Departments Government is divided into\\nthree distinct divisions, or, in other words, sovereign\\npower may be exercised in three directions in making\\nlaws, in enforcing them, and in judging whether par-\\nticular cases come under certain laws. In all free\\ncountries these powers are exercised by three separate\\ndepartments, called the legislative, executive, and judi-\\ncial departments. In a monarchy, though they may\\nexist, the other two are more or less under the control\\nof the executive department, the monarch. In this\\ncountry the three departments exist in every State and\\narc kept distinct from each other.\\n2. Legislative The legislative department is that\\nby which the laws of the State are made, and is called", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0038.jp2"}, "39": {"fulltext": "INTRODVCTORY 33\\nthe legislature. Its object is to make such laws as are\\nnot embodied in the constitution. The constitution\\nestablishes not only the form and the departments of\\ngovernment, but also certain broad principles of law,\\nwhich the legislature cannot violate; but it leaves to\\nthe legislature the making of the particular laws to\\ncarry out those principles in detail, and there are many\\nsubjects on which the legislature is unrestrained. It\\nwould be impossible for a State to adopt, as a constitu-\\ntion, a system of laws that would not need change and\\naddition.\\nIts Divisions The legislature is composed of two\\nbodies, or houses, as they arc called, the members of\\neach being elected by the people. Both must agree to\\na measure before it becomes a law. In limited mon-\\narchies where one branch of the legislature is elective,\\nthe other is an aristocratic body, composed of men of\\nwealth and dignity, as the British House of Lords.\\n4. Executive The executive department is intrusted\\nwith the power of executing, or carrying into effect,\\nthe laws of the State. Its principal officer is a gov-\\nernor, who is elected by the people, lie is assisted by\\na number of other officers, some of whom are elected\\nby the people; others are appointed in such manner as\\nthe constitution or laws prescribe.\\n5. Judicial The judicial department is that by\\nwhich justice is administered to the citizens. Its duty\\nis to decide the meaning of laws, and whether particu-\\nlar cases fall within them. It embraces the several\\ncourts of the State. All judges and justices of the\\npeace are judicial officers.\\n6. Separation Experience has shown the propriety\\nof dividing the civil power into these three depart-\\n3", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0039.jp2"}, "40": {"fulltext": "34 STATE GOVERNMENTS\\nments, and of confining the officers of each department\\nto the powers and duties belonging to the same.\\nThose who make the laws should not exercise the\\npower of executing them nor should they who either\\nmake or execute the laws sit in judgment over those\\nwho are brought before them for trial. It would give\\ntoo much power to one, and would endanger the lib-\\nerty of the people. Yet in many instances this prin-\\nciple is violated to a degree. In many States the gov-\\nernor must approve a measure before it can become a\\nlaw, and thus he has legislative power. In some he\\nappoints the judges, and so has judicial power.\\nDepartments of Government\\nI. LEGISLATIVE\u00e2\u0080\u0094 Law-Making consists of\\n1. Senate,\\n2. House of representatives, and\\n3. Governor (in many States).\\nII. EXECUTIVE\u00e2\u0080\u0094 Law-Executing represented\\nby\\n1. Governor, and\\n2. All other executive officers.\\nIII. JUDICIAL Law-Interpreting and Ap.\\nPLYING Consists of\\nAll the judges.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0040.jp2"}, "41": {"fulltext": "LEGISLATIVE DEPARTMENT 35\\nSECTION II\u00e2\u0080\u0094 LEGISLATIVE DEPARTMENT\\nCHAPTER VIII\\nlegislature: how constituted\\n1. Two Houses\u00e2\u0080\u0094 The Legislature of every State in\\nthe Union is composed of two houses\u00e2\u0080\u0094 a senate and\\na house of representatives, sometimes called the upper\\nand lower house* In most of the States the two houses\\ntogether are called the general assembly,\\na. Senate\\n2. Character The senate, as well as the other\\nhouse, is a representative body, its members being\\nelected by the people to represent them. It is a much\\nsmaller body than the lower house, and consists, gen-\\nerally, of from twenty-live to fifty members in the\\ndifferent States. It was designed to be, and is, a more\\nThough both are representative bodies, only the lower house is\\ncalled the House of Representatives. The reason for this may be:\\nUnder the governments of the Colonics, while yet subject to Great\\nBritain, there was but one representative assembly. The other\\nbranch of the legislature was called a council, consisting of a small\\nnumber of men who were appointed by the King. After the Colo-\\nnies became free and independent States, the senate was substituted\\nfor the old council, and the other house kept its old name.\\nThe lower house in the States of New York, Wisconsin. Nevada,\\nand California, is called the assembly; in Maryland, Virginia. .and\\nWest Virginia, the house of delegates; in North Carolina, the house\\nof commons and in New Jersey, the general assembly.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0041.jp2"}, "42": {"fulltext": "36 STATE GOVERNMENTS\\nselect body, composed of men chosen with reference to\\ntheir superior ability or their greater experience in\\npublic affairs.\\n3. Terms Senators are chosen for terms of four\\nyears in about half the States in the rest for terms\\nof one, two, or three years. In most of the States in\\nwhich senators are elected for longer terms than one\\nyear, they are not all elected at the same time. They\\nare divided into classes, and those of one class go out\\nof office one year, and those of another class another\\nyear so that only a part of the senators are elected\\nevery year, or every two, or three, or four years.\\n4. Apportionment This means the division of the\\nState into portions from each portion its inhabitants\\nelect one senator. Senators are differently apportioned\\nin different States. In some States they are appor-\\ntioned among the several counties, so that the number\\nto be elected in each county shall be in proportion to\\nthe number of its inhabitants. In others they are\\nelected by districts, equal in number to the number of\\nsenators to be chosen in the State, and a senator is\\nelected in each district. The districts are to contain,\\nas nearly as may be, an equal number of inhabitants,\\nand sometimes they comprise several counties.\\nb. House of Representatives\\n5. Character This house also is elective, and is a\\nlarger body than the senate. It consists, generally, of\\nfrom one hundred to two hundred members in the\\ndifferent States.\\n6. Terms\u00e2\u0080\u0094 In most of the States members are\\nelected for two years terms in the others, chiefly the\\nEastern States, annually.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0042.jp2"}, "43": {"fulltext": "LEG IS LA TI VE I) EPA R TMENT 37\\n7. Apportionment Since tlie number of represen-\\ntatives is much larger than that of senators, the dis-\\ntricts from which they are elected will, in the same\\nState, be much smaller. Representatives are appor-\\ntioned among the counties in proportion to the popu-\\nlation in each. In some States they are elected in\\ndistricts of equal population, counties being sometimes\\ndivided in the formation of districts. In the New\\nEngland States representatives are apportioned among\\nthe towns.\\nc. Provisions affecting hoth\\n8. Census The different modes of apportioning\\nmembers of the legislature have in view the same\\nobject\u00e2\u0080\u0094 equal representation that is, giving a mem-\\nber to the same number of inhabitants throughout the\\nState. But in some counties the population increases\\nmore rapidly than in others. The representation then\\nbecomes unequal, being no longer in proportion to\\npopulation. In order to keep the representation\\nthroughout the State as nearly equal as possible, the\\nconstitution requires that, at stated times, the people of\\nthe State shall be numbered, and a new apportionment\\nof senators and representatives be made among the\\nseveral counties according to the number of inhabitants\\nin each county or if the State is one in which mem-\\nbers of the legislature are chosen in districts, a new\\ndivision of the State is made into districts. This\\nenumeration or numbering of the people is called the\\ncensus, and is taken in some States every ten years, in\\nothers oftener. But many States depend on the census\\nwhich the United States takes every ten years.\\n9. Qualifications The constitution also prescribes", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0043.jp2"}, "44": {"fulltext": "38 STATE GOVERNMENTS\\nthe qualifications of senators and representatives. If,\\nas qualifications for an elector, full age, citizenship,\\nand a considerable term of residence in the State and\\ncounty are properly required, as we have seen (page\\n26), they must be at least equally necessary for those\\nwho make the laws. In no State, therefore, are any\\nbut qualified electors eligible to the office of senator or\\nrepresentative. In some States greater age and longer\\nresidence are required and in some the age and term\\nof residence have been still further increased in the\\ncase of senators. The property qualification formerly\\nnecessary for members of the legislature, as well as for\\nvoters, has been almost entirely abolished.\\n10. Vacancy If a member of the legislature dies\\nor resigns his office before the expiration of the term\\nfor which he was chosen, the vacancy is filled by the\\nelection of another person at the next general election,\\nor at a special election called for that purpose, or in\\nsuch other manner as the constitution may provide.\\nBut a person chosen to fill a vacancy holds the office\\nonly for the remainder of the term of him whose place\\nhe was chosen to supply.\\n1 1. Salary Each member has a salary, fixed by law.\\nCHAPTER IX\\nMEETINGS AND ORGANIZATION\\n1. How Often The legislature meets as often as\\nthe constitution requires in about half of the States\\nannually, in the others biennially, or once in two\\nyears. A legislative session includes the daily meet-\\nings of a legislature from the time of its first assem-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0044.jp2"}, "45": {"fulltext": "LEGISLATIVE DEPARTMENT 39\\nbling to the day of final adjournment. Thus we say\\nthe session commenced in January and ended in\\nMarch. The word session has reference; also to a\\nsingle sitting, from the hour at which the members\\nassemble on any day to the time of adjournment on\\nthe same day. Thus we say the legislature holds a\\ndaily session of four hours; or, it holds two sessions\\na day, as the case may be.\\n2. Place Meetings of the legislature are held at a\\ncertain place permanently fixed by law of the State,\\nat which the principal State officers keep their offices.\\nHence it is called the seat of government^ or, perhaps\\nmore frequently, the capital of the State. Capital is\\nfrom the Latin caput, the head, and has come to mean\\nchief, or the highest, In this country the word capi-\\ntal, applied to a city, now generally indicates the seat\\nof government.\\n3. Organization When the two houses have assem-\\nbled in their respective chambers, and the oath of office\\nhas been administered, each house proceeds to organic\\nThis consists in appointing proper officers, and in deter-\\nmining the right of members to their seats. Each house\\nis the sole judge of who has been elected to it. The\\nfirst officer elected is the presiding officer, or chairman,\\nwho is usually called speaker. The lieutenant-gover-\\nnor, in States in which there is one, presides in the sen-\\nate, and is called presicU at of the senate. In the absence\\nof the presiding officer, a temporary speaker or presi-\\ndent is chosen, who is called speaker, or president, pro\\ntempore, commonly abbreviated pro tern., which is a\\nLatin phrase, meaning/^/ 1 the time.\\n4. Presiding Officer s Duty The duty of the per-\\nson presiding is to keep order and to see that the busi-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0045.jp2"}, "46": {"fulltext": "4:0 STATE GOVERNMENTS\\nness of the house is conducted according to certain\\nestablished rules. When a vote is to be taken he puts\\nthe question, and when taken he declares the question\\nto be carried or lost. This part of the speaker s busi-\\nness is similar to that of the chairman of an ordinary\\npublic meeting.\\n5. Minor Officers The other officers chosen by each\\nhouse are a cleric, to keep a record or journal of its\\nproceedings, to take charge of papers, etc. a sergeant-\\nat-arms, to arrest members and other persons guilty of\\ndisorderly conduct, to compel the attendance of absent\\nmembers, and to do other business of a like nature\\nalso one or more door-keepers. The officers mentioned\\nin this section are not chosen from the members of the\\nhouse.\\n6. Quorum\u00e2\u0080\u0094 The constitution determines what por-\\ntion of the members shall constitute a quorum to do\\nbusiness, i.e., how many must be present. Quorum is\\nthe Latin of the English words of whom, and has\\nstrangely come to signify the number or portion of\\nany body of men who have power to act. In most\\nStates a majority will constitute a quorum in some a\\ngreater number is required, two-thirds or three-fifths.\\n7. Proceedings Open Constitutions generally re-\\nquire also that the proceedings of legislative bodies\\nshall be open to public inspection. The doors may be\\nclosed against spectators only when the public good\\nshall require secrecy. And that the people may be\\nfully informed of what is done, each house is required\\nto keep and publish a journal of its proceedings.\\n8. Interruptions Provision is also made, either by\\nthe constitution or by law, against injury or interrup-\\ntion to the business of the legislature. Members may", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0046.jp2"}, "47": {"fulltext": "LEGISLATIVE DEPARTMENT 41\\nnot, by any prosecution at law, except for crimes and\\nmisdemeanors, be hindered during their attendance\\nat the sessions of the legislature, nor in going to or\\nreturning from the same. Each house may compel\\nthe attendance of absent members. It may for good\\ncause expel a member and punish not only its mem-\\nbers and officers, but other persons, for disorderly con-\\nduct or for obstructing its proceedings.\\nCHAPTER X\\nMANNER OF ENACTING LAWS\\n1. Power The legislature of every State lias power\\nto enact any law, on any subject, not forbidden by the\\nConstitution of the United States or its own constitu-\\ntion, and not at variance with any law of Congress,\\nIn this particular the extent of its power is broader\\nthan that of Congress, for the Latter can legislate only\\non the particular subjects named in the United States\\nConstitution. The subjects which the United States\\nConstitution forbids to the State legislatures will be\\nfound in a later chapter (page 163). The State con-\\nstitutions also contain prohibitions meant to restrain\\nthe legislature from making oppressive laws, or such\\nas would endanger the people s absolute rights. (See\\npage 15, 5.) If any laws are passed contrary to these\\nconstitutional provisions, they will be void and of no\\neffect.\\n2. Rules Constitutions prescribe no method of\\npassing laws. They leave it entirely to the legislature\\nitself. But it would be impossible for such a body to\\nact without some order, and so each legislature estab-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0047.jp2"}, "48": {"fulltext": "42 STATE GOVERNMENTS\\nlishes certain rules, which are seldom departed from.\\nBut, though ordinarily followed, these rules may be\\ndeparted from, and the law will be just as valid, pro-\\nvided a quorum is present and a sufficient number vote\\nfor it.\\n3. Governor s Message When the two houses are\\nduly organized and ready for business, the governor\\nsends to both houses a written communication called a\\nmessage, in which, as the constitution requires, he gives\\nto the legislature information of the condition of the\\naffairs of the State, and recommends such measures as\\nhe judges necessary and expedient. The message is\\nread to each house by its clerk.\\n4. Other Measures But the measures to which the\\ngovernor calls the attention of the legislature are but\\na small portion of those which are considered and\\nacted upon. Many are introduced by individual mem-\\nbers. Others are brought into notice by the petitions\\nof the people in different parts of the State. Petition\\ngenerally signifies a request or prayer. As here used,\\nit means a written request to the legislature for some\\nfavor generally for a law granting some benefit or\\nrelief to the petitioners. Petitions are sent to mem-\\nbers, usually to those who represent the counties or\\ndistricts in Avhich the petitioners live, and are by these\\nmembers presented to the house. Laws may be intro-\\nduced in either house.\\n5. Committees The subjects to be acted on by a\\nlegislature are very numerous, and if the whole house\\ncarefully examined each measure and listened to all\\nthe reasons why the measure was necessary it could\\nnot finish half its labor. So committees are appointed\\nat the beginning of the session, consisting of from", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0048.jp2"}, "49": {"fulltext": "LEGISLA TTVE DEPA B TMENT 43\\nthree to seven members, each committee having charge\\nof some particular subject: such as, the committee on\\nfinance, or the money matters of the State, called the\\nways and means committee; the committee on agri-\\nculture; on manufactures; on railroads; on education\\nand a great many other subjects. As soon as a meas-\\nure is introduced into the house it is referred to its\\nappropriate committee, to examine into its necessity\\nand report to the house the result of the examina-\\ntion. These committees are so numerous that every\\nmember is on at Least one or two, and are called\\nstanding committees, because they continue through\\nthe session. When a question arises having no re-\\nlation to any particular subject on which there is a\\nstanding committee, it is usually referred to a special\\nor select committee appointed to consider this par-\\nticular matter.\\n6. Committee Meetings Committees meet in pri-\\nvate rooms (luring hours when the house is not in ses-\\nsion; and any person wishing to be heard in favor of\\nor against a proposed measure may appear before the\\ncommittee having it in charge. Having duly consid-\\nered the subject, the committee reports to the house\\nthe information it lias obtained, with the opinion\\nwhether the measure ouo-ht or ou^ht not to become\\na law. Measures reported against by committees\\nseldom receive any further notice from the house.\\n7. Bills If a committee reports favorably upon a\\nsubject, it usually brings in a bill with its report and\\nrecommends its passage. A bill is the form or draft\\nof a law, Sometimes it is prepared in correct form\\nbefore it is introduced into the house or referred to\\nthe committee. In other cases, as, for instance, when", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0049.jp2"}, "50": {"fulltext": "44 STATE GOVERNMENTS\\nthe subject is brought before the house by petition, the\\ncommittee prepares it.\\n8. Three Readings A bill before it is passed is read\\nthree times, on three separate days. In some legisla-\\ntures the rules allow the first and second readings to be\\non the same day. The first and second readings consist\\noften of merely reading the title or the enacting clause.\\nThen amendments to it may be introduced, and adopted\\nor rejected. Finally, the third reading is had, this\\ntime the clerk really reading the bill, except where it\\nis a long one, and the final vote is taken. Debate on\\nthe bill is not usually had until after the second read-\\ning. There are a great many rules covering every\\npoint which may arise, such as the order of business,\\nand when debate shall be allowed and these rules are\\nusually followed but sometimes, in cases of exigency,\\nall the rules are suspended and a bill is introduced and\\npassed immediately, without being referred to a com-\\nmittee or even being read.\\n9. Passage When the final vote is to be taken, the\\nspeaker puts the question Shall the bill pass If\\na majority of the members present vote in the affirm-\\native (the speaker also voting), the bill is passed if a\\nmajority vote in the negative, or if the ayes and noes are\\nequal, the bill is lost. In a senate where a lieutenant-\\ngovernor presides, not being properly a member, he\\ndoes not vote, except when the ayes and noes are equal,\\nin which case there is said to be a tie and he deter-\\nmines the question by his vote, which is called the\\ncasting vote. In some States, on the final passage of\\na bill, a bare majority of the members present is not\\nsufficient to pass it, in case any members are absent.\\nThe constitutions of those States require the votes", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0050.jp2"}, "51": {"fulltext": "LEGISLATIVE DEPARTMENT 45\\nof a majority of all the members elected to each\\nhouse.\\n10. Other House When a bill has passed one house\\nit is sent to the other, where it passes through the same\\nforms of action; that is, it is referred to a committee,\\nreported by the committee to the house, and is read\\nthree times beiore a vote is taken on its passage. This\\nvote having been taken, the bill is returned to the\\nhouse from which it was received, [f it has been\\namended, the amendments must be agreed to by the\\nfirst house, or the second must recede from its amend-\\nments, or the amendments must be so modified as to\\nsecure the approval of both houses, before the bill can\\nbecome a law.\\n11. Veto But in many of the States a bill, when\\npassed by both houses, is not yet a law. As the two\\nhouses may concur in adopting an unwise measure, an\\nadditional safeguard is provided against the enactment\\nof bad laws, by requiring all bills to be sent to the gov-\\nernor for examination and approval. If he approves\\na bill, he signs it, and it is law if he does not sign it,\\nit is not a law. In refusing to sign a bill, he is said to\\nnegative or veto the bill. Veto, Latin, means I forbid.\\n12. No Absolute Veto But no governor has full\\npower to prevent the passage of a law. If he does not\\napprove a bill, he must return it to the house in which\\nit originated, stating his objections to it and if it shall\\nbe again passed by both houses, it will be a law without\\nthe governor s assent. But in such cases greater major-\\nities are generally required to pass a law. In some\\nStates a majority of two-thirds of the members present\\nis necessary in others, a majority of all the members\\nelected. In some States if the governor does not return", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0051.jp2"}, "52": {"fulltext": "46 STATE GOVERNMENTS\\na bill within a certain number of days, it becomes a\\nlaw without his signature and without being considered\\na second time.\\n13. Taking- Effect Laws become operative the min-\\nute the last act is done in those States where the gov-\\nernor must approve them, the minute he signs his name,\\nunless the law itself provides otherwise. But this would\\noften create great hardship, for one might violate a law\\nbefore he had time to hear of it. Therefore constitu-\\ntions often provide that a law shall not take effect for\\nsome days after its passage, or the law itself may so\\nprovide.\\nSECTION III.\u00e2\u0080\u0094 EXECUTIVE DEPARTMENT\\nCHAPTER XI\\nSTATE OFFICERS\\n1. Classification The executive officers of a State\\nmay be divided into two classes those whose duties\\nrelate to the whole State, as the governor or the attor-\\nney-general, and those whose duties relate only to some\\nparticular portion of it, as the sheriffs. The first class\\nare elected by all the people of the State, and have\\ntheir offices at the capital; the latter are elected by\\nthe people of the particular district (county, town, or\\ncity), and have their offices there. In this chapter we\\nwill treat only of the first class.\\n2. Governor The chief executive officer of a State\\nis the governor. In a monarchy the chief executive", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0052.jp2"}, "53": {"fulltext": "EXECUTIVE DEPARTMENT 47\\nofficer is the monarch himself. But there is this differ-\\nence in a monarchy the monarch is the source of\\npower, and all inferior officers are his agents and\\nresponsible to him alone in a republic the people are\\nthe source of power, and inferior officers are their\\nagents, responsible to them with the governor, and not\\nto him. lie is called the chief officer because he has\\nthe highest duties to perform.\\n3. Term The governor is elected by the people, for\\ndifferent terms in the different States. In most States\\nthe term is either two or four years; in some New\\nEngland States it is one year.\\n4. Qualifications The qualifications for the office\\nof governor are also different in the different States.\\nTo be eligible, a person must have been for a certain\\nnumber of years a citizen of the United States, and for\\na term of years preceding his election a resident of\\nthe State. He must also be above a certain age, which\\nin a majority of the States is thirty years; and in some\\nStates he must own a certain amount of property.\\n5. Executive Powers The governor s executive\\npowers and duties are numerous and important. He\\nrepresents the State in its dealings with other States.\\nHe is commander-in-chief of the military force of the\\nState, and can call it out in times of insurrection. He\\nis to take care that the laws are faithfully executed,\\nand may require information at any time from the\\ndifferent executive officers concerning the condition of\\naffairs in their respective departments. He communi-\\ncates by message to the legislature, at every session,\\ninformation of the condition of the State, and recom-\\nmends such measures as he judges necessary and expe-\\ndient. He may convene the legislature on extraordi-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0053.jp2"}, "54": {"fulltext": "48 STATE GOVERNMENTS\\nnary occasions that is, when some important matter\\narises requiring immediate attention.\\n6. Legislative Powers In most States the governor\\nhas the veto power. (See p. 45, \u00c2\u00a711.)\\n7. Judicial Powers A governor has power to grant\\nreprieves and pardons, except in cases of impeachment,\\nand, in some States, of- treason. To reprieve is to post-\\npone or delay for a time the execution of the sentence\\nof death upon a criminal. To pardon is to annul the\\nsentence by forgiving the offence and releasing the\\noffender. A governor may also commute a sentence,\\nwhich is to exchange one penalty or punishment for\\nanother of less severity as, when a person sentenced\\nto suffer death is ordered to be imprisoned.\\n8. Appointments The governor also appoints some\\nexecutive or judicial officers. The power of appoint-\\nment varies greatly in the different States in some he\\nappoints all the higher executive and judicial officers,\\nsuch as the secretary of state, the attorney-general, or\\nthe judges of the courts in others, those are all elected,\\nand he only appoints some lower officers, such as nota-\\nries. He almost never has the power to appoint legis-\\nlative officers. He also fills vacancies in executive and\\njudicial offices, until the next election, when they occur\\nthrough death or resignation. He has in some cases\\nthe power of removal for misconduct.\\nThese are only the principal powers and duties\\ndevolved on the governor. He has many others.\\nCouncils In a few States an executive council is\\nelected by the people, whose duty it is to advise the\\ngovernor; In many cases, as, for instance, appoint-\\nments, be must obtain their consent.\\nlO. Lieutenant-Governor In some of the States", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0054.jp2"}, "55": {"fulltext": "EXECUTIVE DEPARTMENT 49\\nthis office does not exist.* He has few duties. In\\nmost States where the office exists, he presides in the\\nsenate, in which he has only a casting vote. The chief\\nobject of this office seems to be to provide a suitable\\nperson to fill the vacancy in the office of governor in\\ncase the latter should die, resign, be removed, or other-\\nwise become incompetent.\\n11. Assistant Officers Among the executive offi-\\ncers who assist in the ad m in ist rat ion of the go vern incut,\\nthere are in every State some or all of the following:\\na secretary of state, a comptroller or auditor, a treas-\\nurer, and an attorney -general. In some States they\\nare appointed by the governor, in others by the legis-\\nlature, and in others they are elected by the people.\\n12. The Secretary of State lias charge of the State\\npapers and records. He keeps a record of the official\\nacts and proceedings of the legislature and of the\\nexecutive departments, and has the care of the books,\\nrecords, deeds of the State, parchments, the laws\\nenacted by the legislature, and all other papers and\\ndocuments required by law to be kept in his office.\\n13. The State Comptroller, in some States called\\nauditor, manages the financial concerns of the State;\\nthat is, the business relating to the money, debts, land,\\nand other property of the State. lie examines and\\nadjusts accounts and claims against the State, and\\nsuperintends the collection of moneys due the State.\\nWhen money is to be paid out he draws a warrant on\\nthe State treasurer.\\n14. The State Treasurer has charge of all the\\nmoneys of the State, and pays out the same as\\n*Viz. Alabama, Arkansas. Georgia, Maine, Maryland, New\\nHampshire, New Jersey, Oregon, Tennessee, and West Virginia.\\n4", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0055.jp2"}, "56": {"fulltext": "50 STATE GOVERNMENTS\\ndirected by law, and keeps an accurate account of such\\nmoneys.\\n15. Official Bonds Auditors, treasurers, and other\\nofficers intrusted with the care and management of\\nmoney or other property are generally required, before\\nthey enter on the duties of their offices, to give bonds,\\nin sums of certain amount specified in the law, with\\nsufficient sureties, for the faithful performance of their\\nduties. The sureties are persons who sign the bond\\nwith the officer, and bind themselves to pay the State\\nall damages arising from neglect of duty on the part\\nof the officer, not exceeding the sum mentioned in the\\nbond.\\n16. The Attorney-General is a lawyer who acts for\\nthe State in lawsuits in which the State is a party.\\nHe prosecutes persons indebted to the State, and causes\\nto be brought to trial persons charged with certain\\ncrimes. He also gives his opinion on questions of law\\nsubmitted to him by the governor, the legislature, and\\nthe executive officers.\\n17. Other Officers There are also in some States\\nthe following officers a surveyor-general, who super-\\nintends the surveying of the lands belonging to the\\nState, and who keeps in his office maps describing the\\nbounds of the counties and townships a superintend-\\nent of schools or superintendent of public instruction,\\nwho attends to many matters connected with the pub-\\nlic schools of the State a State printer, who prints the\\nlaws and all State papers; a State librarian, who has\\ncharge of the State library and others.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0056.jp2"}, "57": {"fulltext": "EXECUTIVE DEPARTMENT 51\\nCHAPTER XII\\nCOUNTY OFFICERS\\n1. Reasons for Division A State is divided into\\ncounties,* and each county is divided into towns,\\ntownships, or districts.! There are several reasons for\\nthis division: for convenience in the legislative, execu-\\ntive, and judicial departments. Some laws may he\\nnecessary in some parts of the State that are not\\nneeded in others, and which the people of those parts\\ncan better make for themselves; and the boundaries\\nmust he clearly fixed that it may be known who comes\\nunder the regulations or who can make them. So, too,\\nthere are many executive officers, such as sheriffs and\\ncollectors of taxes, but each must have his jurisdiction\\nconfined to particular limits or there would be great\\nconfusion. There are many lower courts, too, and the\\njurisdiction of each must be clearly defined.\\n2. Origin of County Counties in England were\\nformerly districts governed by counts or earls, from\\nCounties in the same State are about, the same size, ami have\\nabout the same population; but the counties of one State as compared\\nwith those of another vary very greatly as to number, size, and\\npopulation. In 1802, Massachusetts had 14 counties, Texas 201, and\\nOregon 31. In Massachusetts there were about 500 square miles in a\\ncounty, in Texas 1,005, and in Oregon 3,050 in Massachusetts the\\npopulation in a count} was about 100,000, in Texas 8.500, and in\\nOregon 10,000. Counties exist in every State except South Carolina\\nand Louisiana, where districts and parishes prevail.\\nf Towns or townships also vary in size, but perhaps a fair average\\nwould be from five to ten miles square. Towns do not exist, gener-\\nally, in the Southern States or the extreme Western States. There\\nthe county is divided into districts for special purposes.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0057.jp2"}, "58": {"fulltext": "52 STATE GOVERNMENTS\\nwhich comes the name of county, A county was also\\ncalled shire, and an officer was appointed by the count\\nor earl to perform certain acts in the principal town\\nin the county, which was called shire town, and the\\nofficer was called shire-reeve, or sheriff. He was a\\nmore important officer than the sheriff of a county in\\nthis country now is. The court-house and other county\\nbuildings are situated at the principal place in the\\ncounty, and it is called the county-seat, or capital.\\n3. Political Importance In the Southern and ex-\\ntreme Western States the county is the most important\\npolitical division, and exercises most of the local gov-\\nernmental powers, such as many important powers\\nwith regard to the establishment of common schools,\\nregulation of roads, laying and collection of taxes,\\ncare of the poor, etc. In New England the town\\nexercises most of these powers, and the county has\\nvery little importance. In the remainder that is, in\\nthe Middle and Western States (except those far west)\\nthese powers are divided between the county and\\ntown.\\n4. Corporations Counties, towns, cities, and villages\\nare municipal corporations. Let us see what a corpora-\\ntion is. Persons, in a legal sense, are divided into two\\nclasses, natural persons and corporations. Natural\\nPersons are human beings, as God made them Cor-\\nporations are artificial persons, or bodies, created by\\nlaw. In other words, a corporation (also called a body\\npolitic, or body corporate) is an association of persons\\nauthorized by law to transact business under a common\\nname and as a single person. The laws of the State\\ngive such authority to the inhabitants of counties and\\ntowns. The people of a town or county have power,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0058.jp2"}, "59": {"fulltext": "EXECUTIVE DEPARTMENT 53\\nto some extent, to buy, hold, and sell property, and sue\\nand be sued, as single individuals. Therefore they are\\ncorporations. So, also, is the State itself. ut there\\nare two kinds of corporations: pubUc^ or municipal,\\nand private. Public, or municipal corporations are\\nthose organized for purposes of government, sneh as\\ncounties, towns, cities, and villages; private corpora-\\ntions are all others, such as banks, railroad companies,\\nand churches.\\n5. County Commissioners We have seen that a\\ncounty is a corporation, and that corporations have\\npower to act as single persons. But a corporation\\nmust act by means of natural persons, by its agvuts.\\nThe chief agent of a county that is, the body whieli\\nexercises the most important corporate powers is a\\nboard of county commissioners (usually three). In a\\nfew States these powers are exercised by and in the\\nname of the hoard of supervisors^ whieli is composed of\\nthe supervisors of the several towns in the county, of\\nwhom there is one supervisor in each town. These\\nboards have charge of the county property, and may\\nmake orders and contracts in relation to the building\\nor repairing of the court-house, jail, and other county\\nbuildings. In those States in which the county exer-\\ncises more political power than the town, these boards\\nhave many powers witli regard to schools, roads, taxes,\\netc. The following are the more important county\\noffices which exist in every State\\n6. County Treasurer There is in each county a\\ntreasurer to receive and pay out the moneys of the\\ncounty, as required. There is also, in some States, a\\ncounty auditor to examine and adjust the accounts and\\ndebts of the county. The business of county treasurers", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0059.jp2"}, "60": {"fulltext": "54 STATE GOVERNMENTS\\nand auditors in their respective counties is of the same\\nnature as that of State auditors and treasurers, and\\nthey are required to give bonds in the same way. In\\nStates in which there is no county auditor, the duties\\nof auditor are performed by the treasurer.\\n7. Recorder -There is also in each county a register\\nor recorder, who records in books provided for that\\npurpose all deeds, mortgages, and other instruments of\\nwriting required by law to be recorded. In New York\\nand in some other States the business of a register or\\nrecorder is done by a county clerk, who is also clerk of\\nthe several courts held in the county. In some States\\ndeeds, mortgages, and other written instruments are\\nrecorded by the town clerks of the several towns.\\n8. Sheriff Another county officer is a sheriff, whose\\nduty it is to execute all warrants, writs, and other pro-\\ncesses directed to him by the courts to apprehend per-\\nsons charged with crime and to take charge of the\\njail and of the prisoners therein. It is his duty, also,\\nto preserve the public peace and he may cause all per-\\nsons who break the public peace within his knowledge\\nor view to give bonds, with sureties, for keeping the\\npeace and for appearing at the next court to be held in\\nthe county, and to commit them to jail if they refuse\\nto give such bonds. A sheriff is assisted by deputies.\\n9. Coroner There are in each county one or more\\ncoroners, whose principal duty is to inquire into the\\ncause of the death of persons who have died by vio-\\nlence, or suddenly, and by means unknown. Notice\\nof the death of a person having so died is given to a\\ncoroner, who institutes an examination. A jury is\\nsummoned to attend the examination; witnesses are\\nexamined and the jury give their opinion in writing as", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0060.jp2"}, "61": {"fulltext": "EXECUTIVE DEPART3IENT 55\\nto the cause and manner of the death. Such inquiry is\\ncalled a coroners inquest.\\n10. The District Attorney is a lawyer who attends\\nall courts in the county in which persons are tried for\\ncrimes, and conducts the prosecution. As all crimes\\nand breaches of the peace are considered as committed\\nagainst the State, and prosecuted in its name, this\\nattorney is sometimes called State s attorney, or j\\ncuting attorney.\\n11. other Officers There are often other officers\\nin each county such as, asst ssors, wh\\\\ I he value\\nof each one s property so that it may he known what\\ntax he shall pay; collectors of taxes} a county sur-\\nveyor; a superintendent qf schools.\\n12. Elected County officers are generally elected\\nby the people of the county, for terms of from one to\\nfour years. Some of them are, in some of the States,\\nappointed by some authority prescribed by the consti-\\ntution or laws of the State.\\n13. Whom They Represent While the different\\ncounty officers are alike in this respect, that their\\njurisdiction extends only to their particular county,\\nand also in this fact, that in their official acts they act\\nas representatives or agents of the people they differ\\nfrom each other in this, that while some represent the\\npeople of the whole State (and in that sense may he\\ncalled State officers), others represent only the people\\nof their own county. Thus, when a sheriff arrests a\\nman for crime, it is the State which arrests him by the\\nhand of its agent in that county when the district\\nattorney prosecutes him, it is the State which is trying\\nhim for the crime against itself. (See page 83, foot-\\nnote.) On the other hand the county commissioners", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0061.jp2"}, "62": {"fulltext": "56 STATE O0VERN3IENTS\\ncommonly act only as agents of their county. Some\\nofficers may represent the State in some of their duties,\\nand the county in others.\\nCHAPTER XIII\\nTOWN OFFICERS\\n1. Towns In all the States except those far west\\nand most of the Southern States, each county is subdi-\\nvided. These subdivisions are called towns at the East,\\nand towns or townships at the West and South. At the\\nWest and South a village or city is often called a town.\\nBut in this book we shall use the word town as mean-\\ning an organized subdivision of a county. In those\\nStates where towns do not exist, the county exercises\\nall the local governmental powers and has all the\\nnecessary officers. It must be remembered, then, that\\nthis chapter does not apply to all the States.\\n2. Chief Officer Since a town is a corporation, it\\nmust, like a county, have some one to represent it and\\nact for it. The principal officer, or board, Avhose duty\\nthis is, has different names in different States. In the\\nNew England towns there are what are called select-\\nmen, three or more in each town. In a few States\\nthere are trustees of townships. In a few other States\\nthere is in each town one such officer, called super-\\nvisor. The powers and duties of these officers are the\\nmost numerous and important in New England, where\\nthe town is the most important division of the State.\\nThey have duties with regard to taking charge of the\\ntown property, laying out and repairing roads, collect-\\ning taxes, providing for the poor, etc. In those States", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0062.jp2"}, "63": {"fulltext": "EXECUTIVE DEPARTMENT 57\\nwhere the county is the more important division, the\\ntown officers have fewer of these duties, and the\\ncounty officers have more.\\n3. Treasurer There is often a town treasurer, vrith\\nduties, in his own town, analogous to those of a county\\ntreasurer.\\n4. Town Clerk A town clerk in each town keeps\\nthe records, books, and papers of the town. He records\\nin a book the proceedings of town meetings, the names\\nof the persons elected, and such other papers as are\\nrequired by law to be recorded.\\n5. Constables There are several constables in eacli\\ntown. Their principal duties are to serve all writs and\\nprocesses issued by justices of the peace. The business\\nof a constable in executing the orders of a justice of\\nthe peace is similar to that of a sheriff in relation to\\nthe county courts.\\n6. Highways For the repairing of highways and\\nhri j s, a town is divided by the proper officers into as\\nmany road districts as may be judged convenient and\\na person residing in each district is chosen, called or, r-\\nseer, or supervisor, or surveyor of highways, whose\\nduty it is to see that the roads and bridges are repaired\\nand kept in order in his district. In some eases a tax\\nis laid for the purpose, and ordinary laborers do the\\nwork. In others, each one taxed may work on the\\nroad himself a certain number of days, or he may pay\\nthe tax, according as he wishes.\\n7. Overseers of the Poor provide for the support of\\npaupers belonging to the town, who have no near rela-\\ntives able to support them. In some States there is in\\neach county a poor-house, to which the paupers of the\\nseveral towns are sent to be provided for the expense", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0063.jp2"}, "64": {"fulltext": "58 STATE GOVERNMENTS\\nto be charged to the towns to which such poor per-\\nsons belonged.\\n8. Other Officers There are often in every town\\nother inferior officers assessors and collectors of taxes\\n(see Chapter XV.) certain school officers fence view-\\ners, who settle disputes as to division fences pound\\nkeepers, who take charge of stray animals; sealers,\\nwho keep correct copies of the standard of weights\\nand measures and others.\\n9. Elected Most town officers are elected by the\\nelectors of their respective towns at the annual town\\nmeetings, for terms of one year.\\n10. Town Meetings These are meetings of the\\nelectors held once a year in every town for the election\\nof town officers and for certain other business. They\\nexist only in New England and a few other States\\nwhich have been under the influence of New England.\\nAt them the people not only elect officers, but take\\nsome share in the government. For instance, they\\nhave power to vote what money shall be raised for\\nschool purposes, for highways, and other purposes;\\nwhat salaries shall be paid different officers what\\nproceedings shall be taken at law and other powers.\\nThis, as far as it goes, is pure democracy. With a\\ncounty it is different. The people of a county never\\nmeet together except to elect officers, and take no part,\\ndirectly, in the direction of affairs.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0064.jp2"}, "65": {"fulltext": "EXECUTIVE DEPARTMENT 59\\nCHAPTER XIV\\nCITIES AND VILLAGES\\n1. Reasons for Incorporation A city, or a village,*\\nis a particular portion of a town which lias become so\\nthickly populated that a different kind of government\\nis needed from that of the rest of the town. For\\ninstance, where there are many people who use the\\nstreets, sidewalks will be necessary; and where the\\nhouses are near to each other, as in the ordinary vil-\\nlage, fire-engines and fire-companies will be necessary\\nto prevent the whole place from being destroyed and\\nif the population is still more dense, as in a city, many\\nother regulations are necessary such as, with regard\\nto police, water supply, cleaning the streets, sewers,\\netc. But towns do not have the power to regulate\\nthese things. It is thought best that the people living\\nin those thickly populated portions should do it them-\\nselves. The legislature of the State gives them these\\npowers by incorporating them into a village or city.\\n2. Charter Whenever, therefore, the inhabitants\\nof any portion of a town become so numerous as to\\nrequire a government with more powers than the rest\\nof the town, they petition the legislature for a law\\nincorporating them into a village, or, if they are very\\nnumerous, a city. The law or act of incorporation is\\nvisually called a charter. The word charter is from the\\nThe word village very often means only a collection of houses, or\\nof people living near one another, but in this chapter we shall use\\nthe word for an incorporated village. In Connecticut and Pennsyl-\\nvania an incorporated village is called a borough.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0065.jp2"}, "66": {"fulltext": "GO STATE GOVERNMENTS\\nLatin eft aria, which means paper. The instruments of\\nwriting by which kings or other sovereign powers\\ngranted rights and privileges to individuals or corpora-\\ntions were written on paper or parchment, and called\\ncharters. In this country it is commonly used to desig-\\nnate an act of the legislature conferring privileges and\\npowers upon cities, villages, and other corporations.\\n3. Its Contents The charter describes the bounda-\\nries of the city or village, prescribes what officers it\\nshall have, and what shall be their powers and duties.\\n4. City Officers The chief executive officer of a\\ncity is a mayor. A city is divided into wards of con-\\nvenient size, in each of which are chosen one or more\\naldermen (usually two) and such other officers as are\\nnamed in the charter. The mayor and aldermen con-\\nstitute the city council, which is a kina of legislature,\\nhaving the power to pass such laws (commonly called\\nordinances) as the government of the city requires.*\\nThere are also elected in the several wards assessors,\\nconstables, collectors, and other necessary officers,\\nwhose duties in their respective wards are similar to\\nthose of like-named officers in country towns, or town-\\nships.\\n5. Village Officers The chief executive officer of a\\nvillage is, in some States, called president. The vil-\\nlage is not divided into wards, the number of its\\ninhabitants being too small to require such division.\\nInstead of a board of aldermen there is a board of\\ntrustees or directors, who exercise similar powers. The\\npresident of a village is generally chosen by the trust-\\nees from their own number. In some States incor\\nIn some cases there are two boards, in analogy with the two\\nlegislative houses of the State.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0066.jp2"}, "67": {"fulltext": "EXECUTIVE DEPARTMENT\\n61\\nporated villages are called tovms, and their chief\\nexecutive officer is called mayor.\\n6. General Law The constitutions of some States\\nrequire the legislature to pass a general law prescrib-\\ning the manner in which the people in any place may\\nDiagram showing the relation between County,\\nTown, City, and Village.\\nThe whole diagram represents a county.\\nThe numbers represent the towns into which it is divided.\\nA represents a city.\\nb, c, d, and e represent villages.\\nform themselves into an incorporated village without\\na special law or charter.\\n7. Subject to Laws of State The inhabitants of\\ncities and villages, however, are not governed alone by-\\nlaws made by the common council and the trustees.\\nThose laws and regulations relate only to local mat-\\nters. Most of the laws enacted by the legislature are\\nof general application, and have the same effect in", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0067.jp2"}, "68": {"fulltext": "62 STATE GOVERNMENTS\\ncities and villages as elsewhere. Thus the laws of the\\nState require that taxes shall be assessed and levied\\nupon the property of the citizens of the State to\\ndefray the public expenses, and the people of the cities\\nare required to pay their just proportion of the same\\nbut the city authorities lay and collect additional\\ntaxes for city purposes.\\n8. Corporations We have seen that the State,\\ncounties, towns, cities, and villages are all corporations,\\nand that there are also other corporations, such as\\nbanks, railroad companies, etc. Now all corporations\\nare alike in some particulars. They all continue after\\nthe persons first composing them are dead. They all\\nhave power to buy and sell property, and to borrow\\nmoney to a certain extent. But they also differ in\\nsome respects. A State differs from other municipal\\ncorporations in the manner of formation. A State is\\nformed by the people when they adopt the constitution\\nthe other municipal corporations i.e., cities, towns, etc.\\nare formed by the legislature. Again, all municipal\\ncorporations differ from other corporations in two par-\\nticulars their purpose and their membership. Muni-\\ncipal corporations are organized only for purposes of\\ngovernment the others are organized for other pur-\\nposes, such as business (banks, insurance companies,\\netc.), religion (churches), or charity (hospitals, etc.).\\nOf a municipal corporation every one is a member who\\nlives within its limits, whether he wishes to be or not\\nbut in other corporations one only becomes a member\\nby his own choice.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0068.jp2"}, "69": {"fulltext": "EXECUTIVE DEPARTMENT 63\\nCHAPTER XV\\nTAXES\\n1. Reasons for Them Every government must\\nhave the power of providing means for its support.\\nThe different State, county, and town officers must be\\npaid salaries; money is needed for public buildings, such\\nas State-houses, court-houses, jails, etc. and there are\\nother necessities. The money which is needed to pay the\\nexpenses of administering the government, if the State\\ncounty, or town has no permanent source of revenue\\nor income, must he raised by taxation. A tax is a sum\\nof money assessed upon the person of a citizen for the\\nuse of the government. When each one is required to\\npay a certain sum, the same for all, it is called a j 11-\\ntax, or capitation tax, being a certain sum on every\\npoll, or head. But, as persons ought to contribute to\\nthe public expenses according to their ability, taxes are\\nmore just when laid upon the citizens in proportion to\\nthe property each one owns. In ordinary speech we\\nsay that the property itself is taxed.\\n2. Land Tax most Common Both real and personal\\nproperty are subject to taxation but in the United\\nStates most of the taxes are laid upon the land, for the\\nreason that it is always difficult for the assessors to\\nascertain all the personal property each one owns. Poll-\\ntaxes are laid in many States, but they are very small.\\nReal estate, or real property, is land with the buildings and other\\narticles erected or growing thereon. Personal estate, or personal\\nproperty, is every other kind of property such as, goods, stocks and\\nbonds, money, and debts due from debtors.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0069.jp2"}, "70": {"fulltext": "04 STATE GOVERNMENTS\\n3. Assessment This means valuation. As every\\nperson is to be taxed in proportion to the value of his\\nproperty, it is necessary, first, to make a correct valua-\\ntion of all his taxable property. For this purpose, the\\nassessor or assessors pass through the town, and make\\na list of the names of all the taxable inhabitants, and\\nthe estimated value of the property, real and personal,\\nof each. If any one thinks his property is valued at\\ntoo high a rate, he has an opportunity to appear before\\nthe assessors and ask to have the assessment reduced.\\nThe town assessors then make returns to the proper\\nState and county officers of all the property, and its\\nvaluation, in the town.\\n4. Information In some States persons liable to\\ntaxation are themselves required to furnish lists of all\\ntheir taxable property, printed blank lists having been\\npreviously distributed among them for this purpose.\\nTo secure an accurate valuation, the assessors (called\\nalso listers) may require persons to make oath that\\nthey have made a true statement of their property and\\nits value.\\n5. Exemptions There are certain kinds of property\\nwhich are exempt from taxation such as the corporate\\nproperty of the State, of counties, and of towns, in-\\ncluding the buildings in which the public business is\\ndone, the prisons, jails, asylums, etc., and the lands\\nattached to them school-houses and churches, with\\nthe lands attached bury ing-groun els, and the property\\nof literary and charitable institutions. But the prop-\\nerty of business corporations, as railroad, banking,\\ninsurance, manufacturing, and other stock companies,\\niike that of individuals, is liable to taxation.\\n6. Three Amounts Before a tax-list can be made", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0070.jp2"}, "71": {"fulltext": "EXECUTIVE DEPARTMENT C 5\\nout, showing what each one s tax is to be, it must be\\nknown what amount is to be collected in each town.\\nThis amount is made lip of three pails: first, the sum\\nwanted to pay the expenses of the town for the cur-\\nrent year; second, the town s share of the county\\nexpenses; and third, its proportionate share of the\\nexpenses of the State government, or of what is to be\\nraised for State purposes. In this country the amount\\nthat each one pays for State purposes is usually very\\nmuch less than what he pays for county and town\\npurposes. The ratio of the county to the town tax\\nvaries in proportion to the political importance of the\\ncounty and town. In many States there is no town\\ntax.\\n7. Apportionment The apportionment of the\\namount of the State and county expenses among the\\nseveral towns is made according to the amount of\\nproperty in each as valued by the assessors. The State\\nauditor or comptroller, having received from the several\\ncounties returns of the value of the property in each\\ncounty, is enabled to determine its quota of the amount\\nto be raised for State purposes. He sends to the proper\\nofficers in each county (county commissioners, or board\\nof supervisors) a statement showing what part of the\\nState tax the county is to pay. The county officers\\nadd to each county s share of the State expenses the\\nsum to be raised in the county for county purposes,\\nand apportion the whole amount among the towns in\\nproportion to the value of the property in each. Then\\nthe town officers, in turn, add to each town s share of\\nthe amount of the State and county expenses the\\namount to be raised for town purposes, and this gives\\nthe whole sum to be collected :n the town. This sum\\n5", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0071.jp2"}, "72": {"fulltext": "66 STATE GOVERNMENTS\\nis divided up among the inhabitants of the town in\\nproportion to their property as valued b}^ the assessors,\\nand a tax-list, showing what each one is to pay, is\\ngiven to the collector. In cities and villages each\\none s tax includes also his proportionate share of the\\namount to be raised for city, or village, purposes.\\nTaxes in cities are usually very much higher than\\nanywhere else.\\n8. Collection When the collector has received the\\ntaxes he pays them over to the town treasurer. The\\nlatter retains the portion collected for town purposes,\\nand remits the remainder to his county treasurer. The\\ncounty treasurer retains the portion collected for county\\npurposes and remits the remainder to the State treas-\\nurer. The system of assessment and collection of taxes\\nvaries in the different States. The system described\\nin this chapter applies chiefly to the Northern States.\\n9. Tax Sales Where a person neglects to pay his\\ntax, means are provided by law to enforce payment.\\nIf he is taxed for personal property, sometimes the\\ncollector may seize his goods and sell them, and some-\\ntimes suit must be brought in the usual way. But ii\\nhe is taxed for land, a different course is pursued. In\\na certain sense, the land itself is taxed. If the tax is\\nnot paid within a certain time, the proper authorities\\nsell or lease the land for a certain period to any one\\nwho will pay the tax. The owner then has the right\\nto redeem within a certain time, generally two or three\\nyears, hy paying to the purchaser what he has paid for\\ntaxes, with interest. The purchaser does not have the\\nright to take possession of the land until the time to\\nredeem has expired.\\n10. Assessments Assessment has been used in the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0072.jp2"}, "73": {"fulltext": "EXECUTIVE DEPARTMENT f,7\\nsense of valuation. But it is also often used to mean\\na tax laid in a city to pay for some public improvement\\nsuch as, the building of a sewer, the paving of a street,\\nthe laying out of a park, etc. In such cases the benefit\\nof the improvement is felt, Bometimes wholly, generally\\nchiefly, by those who live near, and therefore they are\\nrequired to pay for it. For instance, when a sewer is\\nbuilt in a side street, only the property on each side of\\nthat street is assessed for it.\\n11. Indirect Taxes The taxes that have been\\ndescribed are called direct taxes. Bnt there are also\\nindirect taxes, so called because, when finally paid,\\nthey are not paid directly to the government as a tax,\\nbut as a part of the price of something. They include\\nduties which are paid on goods exported from a country\\nor imported into it, on goods manufactured, licenses\\nfor carrying on certain trades, or for doing certain\\nthings, etc. For instance, if a tax is laid on the manu-\\nfacture of liquors, the manufacturer adds enough to\\nthe price of the liquor to cover the tax. and so the con-\\nsumer, when he buys, indirectly pays the tax. Only a\\nsmall portion of the revenue of a State is derived from\\nindirect taxation. The United States Constitution for-\\nbids any State to lay import or export duties.\\nCHAPTER XVI\\nEDUCATION\\n1. A Proper Object of Government The proper\\nobject of government is to promote the welfare and\\nhappiness of its citizens. For this purpose it must\\nprotect the people in the enjoyment of life and the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0073.jp2"}, "74": {"fulltext": "68 STATE GOVERNMENTS\\nfruits of their labor. But it should go further, and\\nmake express provision for improving the condition\\nof the people, especially the less fortunate portions of\\nthem. The prosperity of a state or nation depends\\nessentially upon the education of its citizens. Ignorance\\ntends to make men idle and vicious. On the other\\nhand, education not only teaches them better ways of\\nliving, but impels them to follow the better ways, and\\ngives them higher purposes in life.\\n2. A Political Necessity But further, we believe\\nthat a government by the people is better adapted\\nthan any other to promote the general welfare where\\nthe people are fitted to govern. But if the people\\nare not properly educated, they are incapable of self-\\ngovernment. Some children are educated at private\\nschools. But very many are unable to pay for the\\neducation of their children in that way, and therefore\\neach State has established a system of common schools,.\\nat which the children of all may be taught at the\\npublic expense. These are the schools we shall treat\\nof in this chapter. It is to its common-school system\\nthat the United States owes much of its prosperity\\nas a nation. This system has been developed more\\nhighly at the North than at the South. But the\\nconstitutions adopted in the Southern States since the\\nlate civil war have made much more adequate provi-\\nsion for this necessity than existed in those States\\npreviously.\\n3. Support The schools are supported chiefly by\\ntaxation. In some cases those who send their children\\nthere have to pay a higher rate than others. But in\\nalmost all the States there is provided a school fund,\\nthe income from which is applied to aid in their sup-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0074.jp2"}, "75": {"fulltext": "EXECUTIVE DEPARTMEXT G9\\nport. A fund is a sum of money, the income from\\nwhich is set apart for a particular purpose. Thus tin\\ninterest of a school fund is applied in building school-\\nhouses, paying teachers, etc. The whole amount ex-\\npended on common schools in the United States in\\n1892 was about {155,980,800.\\n4. Creation of School Funds These were created\\nin the older States by the State s appropriating certain\\nlands owned by it for that purpose. They were, in\\nmany cases, largely increased by certain moneys re-\\nceived from the United States. In L836 there had\\naccumulated in the national treasury about thirty\\nmillions of dollars over and above what was needed\\nfor the support of the government. By an act of\\nCongress, this surplus revenue was distributed among\\nthe States then existing, to be kept by them until called\\nfor by Congress. That it never will he called for is\\nnow almost certain. Many of the States have ap-\\npropriated large portions of their respective shares for\\nschool purposes. From its having been said t be only\\ndeposited with the States, this fund is sometimes called\\nthe United States d j s /t fund. As t the Western\\nStates, at an early period, while most of the territory\\nfrom which they have been formed was yet the prop-\\nerty of the United States, and uninhabited, Congress\\npassed acts by which a certain proportion of the land\\nin every township is reserved for the support of schools\\ntherein. By these acts, in some of those States one\\nthirty-sixth, in others one eighteenth of the whole\\nState has been thus appropriated, besides smaller por-\\ntions granted for the benefit of a university in each\\nState. In States which may be hereafter formed out\\nof existing territories, land will be reserved in the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0075.jp2"}, "76": {"fulltext": "70 STATE GOVERNMENTS\\nsame way. The whole amount of the permanent\\ncommon-school funds in the United States has been\\ncalculated to be about $140,000,000. The income\\nfrom this is applied to school purposes every year.\\n5. Districts The towns, or townships, of a State\\nare generally divided into districts of proper size, in\\neach one of which is established a school, to which all\\nthe children of the district may go, free of expense.\\nThese schools are sometimes called district schools,\\nsometimes common schools, and sometimes public\\nschools. Each district has apportioned to it its share\\nof the income of the school fund, and the rest of the\\nmoney needed to support the school is raised from the\\ninhabitants of the district or the State by taxation.\\nOne or more trustees or directors are chosen in each\\ndistrict to manage the school affairs.\\n6. State Superintendent In many States there\\nis an officer called the State superintendent of public\\nschools, or superintendent of pnulic instruction. The\\nsuperintendent collects information relating to the\\nschools the number of children residing in each dis-\\ntrict, and the number taught the number of school-\\nhouses, and the amount yearly expended and other\\nmatters concerning the operation and effects of the\\ncommon-school system. Sometimes he also apportions\\nthe money arising from the State funds among the\\nseveral counties. He reports to the legislature at\\nevery session the information he has collected, and\\nsuggests such improvements in the school system as\\nhe thinks ought to be made. There are officers in\\neach county or town to aid him in this work. There\\nare also officers in each county or town who examine\\nthe teachers periodically to see if they are competent.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0076.jp2"}, "77": {"fulltext": "EXECUTIVE DEPARTMENT 71\\n7. Tirades Public schools are divided into three\\ngrades: primary schools, for the youngest pupils;\\ngrammar schools, in which are taught, besides the\\nordinary, some of the higher branches of study and\\nhigh schools, for the most advanced, in which are\\ntaught the studies necessary for a business education,\\nand frequently the languages and higher mathematics.\\nMany contend that the public should not be taxed to\\nfurnish a higher education, but that it should be left\\nto the private citizen. Others maintain that the gen-\\neral good demands that some should be highly edu-\\ncated. But, though many States have high schools,\\nuniversities, and other educational institutions, sup-\\nported or aided by the State, the great body of schools\\nin the country still are of the lower grade.\\n8. Compulsory Attendance In general, the State\\ndoes not compel parents to send their children to\\nschool, but relies upon their own sense of duty and in-\\nterest. But in a few States it does, and every child is\\ncompelled to go to some school, public or private, a cer-\\ntain portion of every year between the ages of\\nand fourteen. And the idea is gaining strength in the\\ncountry that the interest of the whole people requires\\nthat every child should be educated to a certain degree.\\n9. Normal Schools These are schools in which per-\\nsons are trained to be teachers. If a State is to furnish\\neducation to its citizens, it must provide suitable educa-\\ntors, and therefore most States have established one\\nor more of these schools. They are free to any one,\\nbut in return the person taught must serve a certain\\nlength of time (two or three years) as a teacher in the\\ncommon schools of the State. In that way he pays\\nfor his education.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0077.jp2"}, "78": {"fulltext": "72 STATE GOVERNMENTS\\nCHAPTER XVII\\nPUBLIC INSTITUTIONS\\n1. Duty of Government We have seen that a gov\\nera men t ought to provide means not only for the pro-\\ntection of the lives and property of its citizens, but also\\nfor their education. But there are further duties which\\nit owes to its citizens. It ought to furnish protection\\nand aid to those who are unfortunate, the insane, the\\nblind, orphan children, and others who are unable to\\ncare for themselves. So, too, if there is any great\\nenterprise in which all the people of the State are\\ninterested, but which is too large or too costly to be\\ncarried on by private individuals, the State should\\nrender aid. Again, a State should exercise some con-\\ntrol over the operations of corporations having large\\npowers, such as railroads and banks, in order to prevent\\nfraud upon the people. These duties are important\\nfunctions of the executive department.\\n2. Asylums Every State establishes and supports\\nsome of these for the insane, blind, deaf and dumb,\\ninebriate, orphans, and others. At them support and\\nmedical aid are furnished to such as have no means of\\nproviding for themselves. Counties, towns, and cities\\noften maintain institutions of the same kind.\\n3. Canals These do not exist in all the States, and\\nin some they are constructed and managed by private\\ncorporations. But in others they are State works,\\nbuilt by the State and managed by officers elected\\nby the people. New York, Pennsylvania, and Ohio\\nhave many. Their object is to furnish cheap trans-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0078.jp2"}, "79": {"fulltext": "EXECUTIVE DEPARTMENT 73\\nportation, and at one time they were considered of\\nvast importance, but railroads have in a great meas-\\nure taken their place. Where the State undertakes\\nsuch an enterprise, very often a fund is provided by\\nthe State, the income of which is applied to the object,\\nand the United States increases this fund by grants to\\nit of public lands, because the canal is a benefit not\\nonly to the people of the State, but also to all the\\npeople of the Nation.\\n4. Railroads These are seldom State works, but\\nthey of ten receive aid from the St;it in the form of\\nmoney lent them, public land granted to them, or State\\nguaranties of their bonds. In a certain other respeel\\nall railroads are aided by the State. The property\\nwhich a railroad company requires very often cannot\\nbe purchased, as the owners will not sell, and no person\\nor corporation has, in itself, the right to compel them\\nto sell. But a State has the right to take any one s\\nproperty for public use on paying its value. This is\\ncalled the right of eminent domain, and tins right the\\nState delegates to the railroad company for the time\\nbeing. Appraisers are appointed who value the land,\\nand on payment of that price the company takes it.\\nThe land necessary for a canal is acquired in the same\\nway.\\n5. Control of Corporations The State generally\\nexercises some control over certain corporations which,\\nlike railway or canal companies, banks, and insurance\\ncompanies, have large powers and privileges. This is\\nto prevent their being used to the fraud and injury of\\nthe public. In some States there are departments,\\nsuch as the hank department) or the insurance depart-\\nment) all subordinate branches of the executive depart-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0079.jp2"}, "80": {"fulltext": "74 STATE GOVERNMENTS\\nment, which are required to exercise supervision over\\nthe corporations belonging to their department within\\nthe State. They collect information with regard to\\nthem, their property and business, by means of exam-\\ninations and of annual reports Avhich the corporations\\nare required to make, and this information is published.\\nWhen State banks issued bills (which were only their\\npromises to pay money), they were often required to\\ndeposit a certain amount of property with the State\\nto secure those who used their bills as money against\\nloss. So, too, insurance companies are sometimes\\nrequired to make deposits with the government to\\nsecure their policy-holders. There are other ways in\\nwhich a State exercises control over corporations.\\n6. State-Prisons These are prisons maintained by\\nthe State, in which criminals convicted of the higher\\ncrimes are confined. The county jails are for the\\nlower grades of criminals. Convicts are forced to\\nwork while confined. In many States their labor is\\nleased by the State to certain contractors, who pay the\\nState as for so many laborers. Thus State-prisons are\\nsometimes rendered self-supporting.\\n7. State Debts Very often the public works under-\\ntaken by a State require more money than can be con-\\nveniently raised at once by taxation. So, too, perhaps\\nthe chief benefit is going to accrue, not to people liv-\\ning at the time the work is done, but many years later,\\nand therefore posterity should bear some share of the\\nburden. In such case the State borrows the money\\nand issues its bonds for it, also called State stock.\\nCounties, towns, and cities, in the same way, often\\nincur debt and issue bonds for public works. But\\nthere is this difference counties, towns, and cities may", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0080.jp2"}, "81": {"fulltext": "EXECUTIVE DEPARTMENT 75\\nbe sued in the courts, but there is no way for a private\\nindividual to force a State to pay its debts. Such\\nrefusal to pay is called repudiation^ and several of the\\nStates have repudiated their debts in part. For the\\nreason that there is no remedy, repudiation is the more\\ndishonorable. In the late Civil War the Southern\\nStates contracted large debts, but these the United\\nStates Constitution forbids them to pay. No govern-\\nment could recognize as just, or allow to be paid, if it\\ncould prevent it, any debts incurred in a rebellion\\nagainst it.\\nCHAPTER XVIII\\nMILITIA\\n1, Meaning of Militia Every nation lias its mili-\\ntary force to resist foreign enemies and crush rebellion.\\nIt consists of two portions, the standing unity and the\\nmilitia. The standing army is all the time organized,\\nequipped, and drilled, and its members have no other\\noccupation. The militia consists of all the other able-\\nbodied men in the nation (between certain ages), but it\\nis not called into service except in time of war or insur-\\nrection. In this country the Nation has a small stand-\\ning army, and its militia consists of the militia of all\\nthe States. The States have no standing army, but\\neach has its militia.\\n2. Of AVhoin Composed The militia of a State\\nconsists of able-bodied male citizens of the United\\nStates between the ages of eighteen and forty-live\\nyears who reside in the State, except such as are\\nexempt by the laws of the State and of the United\\nStates. Persons exempt by the laws of the State are", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0081.jp2"}, "82": {"fulltext": "76 STATE GOVERNMENTS\\ngenerally members of the State legislative, executive,\\nand judicial departments, clergymen, teachers, physi-\\ncians, firemen, and members of military companies\\nwho have served a certain time.* Persons exempt by\\nUnited States laws are members of the national legis-\\nlative, executive, and judicial departments, pilots, mari-\\nners, and a few others.\\n3. Commander-in-Chief By the constitutions of\\nthe several States, the governors are made the com-\\nmanders-in-chief of the militia of their respective\\nStates. The governor has power to call it out in time\\nof insurrection or rebellion,! and when called out he\\nexercises the usual powers of commander over it. He\\ncannot, however, send any member out of the State\\nwithout his own consent.\\n4. Organization The militia, when organized, is\\ndivided in the usual way into brigades, regiments,\\ncompanies, etc., with the usual officers adjutant-gen-\\neral, colonels, captains, etc. In some States the offi-\\ncers are appointed by the governor or the legislature\\nin others they are elected by the men they are to com-\\nmand. But in most of the States the militia remains\\npractically unorganized.\\n5. Training- For many years after the Revolution,\\nwhen the militia was more or less organized all the\\ntime, it was called out annually in each State for the\\npurpose of training but these annual trainings were\\nseen to be of so little value that they gradually fell\\nIn many States those, also, are exempt who have conscientious\\nscruples as to whether war is ever right, such as the Quakers.\\nf An insurrection is an attempt of persons to prevent the execu-\\ntion of a law. Rebellion generally means nearly the same but more\\nproperly it signifies a revolt, or an attempt to overthrow the govern-\\nment to establish a different one.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0082.jp2"}, "83": {"fulltext": "EXECUTIVE DEPARTMENT 77\\ninto disuse. At present the militia in this count ry is\\nnot much more, practically, than an imaginary body,\\nand the great body of the people have no military\\nduties to perform.\\n6. Volunteer Regiments But occasions do arise\\nwhen it is necessary for a State to have some organ-\\nized, equipped, and drilled force at hand. This neces-\\nsity is supplied by the volunteer companies, r regi-\\nments, existing in most of the States. These organize\\nthemselves, elect their own members and officers, select\\ntheir own uniform, and the branch of the service to\\nwhich they will attach themselves. The State usually\\ngrants them more or less aid, in the way of arms,\\narmories, etc. When organized, they come under the\\nmilitary laws of the State, and are subject to orders of\\nthe commander-in-chief, in the same manner as the\\nmilitia is, and he can call them out when necessary.\\nThese regiments are called in some States the national\\nguard, and popularly they are called the militia.\\n7. United States Militia\u00e2\u0080\u0094 We have said the militia\\nof the United States consisted of the militia of all the\\nStates. The President has power to call it out at\\ntimes when the standing army is not sufficient, and\\nwhen so called out it passes out of State control and\\nunder that of the United States. I ut this refers to\\nthe unorganized militia. Over the volunteer regi-\\nments spoken of in the preceding section the United\\nStates has no control. The national government will\\nprobably never call out the unorganized militia, but will\\nrely on the formation of volunteer regiments. In the\\nlate Civil War most of the United States army was\\ncomposed of volunteer regiments formed in the loyal\\nStates, and then mustered into the United States service.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0083.jp2"}, "84": {"fulltext": "78 STATE GOVERNMENTS\\nSECTION IV.\u00e2\u0080\u0094 JUDICIAL DEPARTMENT\\nCHAPTEK XIX\\nCOURTS\\n1. Necessity The judicial department consists of\\nthe courts of a State. We have seen that the legisla-\\ntive department makes laws and the executive depart-\\nment carries them out but there is one other function\\nof government which properly comes in between the\\nmaking and the execution of the law. This is its\\napplication to particular cases when disputes arise.\\nYery often in a particular case it will be hard to tell\\nwhat the truth is, as one party will say one thing and\\nthe other another and again one side will claim that\\nthe law does not include his case, and the other side\\nwill claim that it does. These points must be decided\\nbefore the law can be executed. The executive depart-\\nment might decide them, but justice is more likely to\\nbe done if the one that decides has nothing else to do\\nwith the case. For this reason the separate judicial\\ndepartment is established. The higher courts of a\\nState are usually established by its constitution, the\\nlower courts by the legislature.\\n2. Diversity There is great diversity among the\\nStates in the names and powers of the different courts.\\nWo two States are exactly alike. But the following\\nsketch gives a general idea of the judicial system pre-\\nvailing in most of the States.\\n3. Court for the Trial of Impeachments This is\\nthe name applied to the upper house of the legislature", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0084.jp2"}, "85": {"fulltext": "JUDICIAL DEPARTMENT 79\\nwhen trying a public officer for malfeasance cor-\\nrupt conduct) in office.* Impeachment is the forma]\\nact of the lower house by which it makes the charge\\nagainst him.f Generally the lower house has the sole\\nright of impeachment, and the upper house the sole\\nright to try impeachments. On such trial the upper\\nhouse is in reality a court.\\n4. Supreme Court This is the name usually given\\nto the highest court of whicli there is only one in\\nthe State. It consists of several judges (very often\\nthree), and lias usually only appellate jurisdiction^\\nAppeals may be taken to it in both civil and\\ncriminal cases,] from the next lower the Circuit\\ncourts.\\n5. Circuit Courts m l Of these there are generally a\\n*As, if a governor, for money offered him, should approve and\\nsign a law or a judge should, for money or from some other selfish\\nor personal motive, give a wrong judgment\\nfit must be remembered (hat impeachment is not the conviction\\nof the offence, but only the accusation. It is analogous to an indict-\\nment by a grand jury. (See page ST.) It may happen, therefore,\\nthat an officer is impeached and afterward acquitted on the trial, as\\nPresident Andrew Johnson was in 18G8.\\nThis practice has come from Great Britain, where the impeach-\\nment is made by the House of Commons, and the House of Lords is\\nthe High Court of Impeachment.\\n\u00c2\u00a7Thc word jurisdiction is from the Latin jus, law, and dictio, a\\npronouncing or speaking, nence the jurisdiction of a court means\\nthe class of cases in which it has power to pronounce the law. A\\ncourt is said to have original jurisdiction when the ease may originate\\n(be commenced) in it it has appellate jurisdiction when it may hear\\nthe case on appeal from a lower court.\\nCivil cases are those between private parties for debt or for some\\ninjury to person or property. Criminal cases are those in which the\\nState seeks to punish one for some criminal offence.\\nIf They derive their name from this circumstance Each court has", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0085.jp2"}, "86": {"fulltext": "SO STATE GOVERNMENTS\\nnumber (from ten to thirty) in every State, one foi\\neach district into which the State is divided. In many\\nStates they are called district courts, because there is\\none in each district in a few they correspond to the\\nsuperior courts, so called because they are of higher\\ngrade than the justices courts. They have original\\njurisdiction, in general, of all classes of cases, both\\ncivil and criminal, and are the courts in which the\\ngreat body of trials are had. They also hear appeals\\nfrom the lower courts.\\nG. Justices of the Peace In each town, or similar\\ndivision, there are usually several of these officers.\\nEach justice holds court, and has power to try civil\\ncases which involve small amounts (in some States it\\nmust be less than $100, in others less than $50), and to\\ntry persons who have committed small offences. They\\nalso have important powers with regard to arresting\\nand examining those accused of higher crimes. (See\\npage 88.) In many States they have executive duties\\nalso.\\n7. Probate Courts There is usually one of these in\\nevery county, composed of a single judge. They are\\nquite different in character from the courts already\\ndescribed. Their powers and duties relate to the\\nestates of deceased persons, to see that they go to the\\nits district, including several counties, and as the law usually re-\\nquires for the convenience of suitors, that the court be held once or\\ntwice a year in each county, the judges travel from one county to\\nanother.\\nIn some of the States of New England this system of courts does\\nnol exist. The highest court performs their duties, having both\\noriginal and appellate jurisdiction. Tt will be noticed that New\\nEngland is dill* rent from the rest of the country in many of her\\npolitical institutions.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0086.jp2"}, "87": {"fulltext": "JUDICIAL DEPARTMENT 81\\npersons entitled to them. They take proof of wills\\nand empower executors to act.* Where a person dies\\nwithout a will the probate court appoints an adminis-\\ntrator, who distributes the personal property (for dis-\\ntinction between personal and real property, see page\\n63) among the relatives to whom it belongs by law.f\\nIt has power to remove the executor or administrator\\nif lie does not do his duty to settle his accounts and\\ndecide disputes which arise, as to the distribution of\\nthe estate. Probate courts also take charge of the\\nestates of minors whose parents have died, and appoint\\nguardians for them. For this reason they are some-\\ntimes called orphans courts. Appeals maybe taken\\nfrom these courts to the Supreme Court, or sometimes\\nto the Circuit Courts.\\n8. Courts of Chancery exist in several States.\\nThey have power to grant certain kinds of relief that,\\nin the States where they exist, the other courts can\\nnot such as compelling a man to perform a contract,\\ninstead of awarding money as damages for his not\\ndoing it, or granting an injunction against one s doing\\nan unlawful act. These are also called courts of equity.\\nIt is unnecessary to enumerate their powers, as in\\nmost States they do not exist, and there the other\\ncourts have all their powers.\\n9. Other Courts In some States there are other\\nA will is a writing by which a person directs to whom his prop-\\nerty shall be given after his death. The Latin probatus means proof,\\nfrom which the courts derive their name. An executor is a person\\nappointed in a will to carry out its provisions.\\nf An administrator has no jurisdiction over the land owned by\\nthe deceased that the heirs can take possession of without any\\nauthority from the court. An executor, in general, executes the\\nwill both as regards personal and real property.\\n6", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0087.jp2"}, "88": {"fulltext": "82 STATE GOVERNMENTS\\ncourts with various powers. County courts, or courts\\nof common pleas, exist in some, having jurisdiction in\\ncivil cases, somewhat higher than justices courts;\\ncourts of sessions and courts of oyer and terminer,\\nwhere they exist, are courts of criminal jurisdiction\\npolice courts are often established in cities with juris-\\ndiction to try the lower criminal offences large cities\\ngenerally have additional courts.\\n10. Elections and Terms Judges are sometimes\\nelected by the people, sometimes by the legislature,\\nand sometimes appointed by the governor. The terms\\nof office vary, being generally six to ten years in the\\nhigher courts, while justices of the peace are elected or\\nappointed every one or two years. In a few States\\n(in New England) the judges of the highest court hold\\noffice for life, or until seventy years of age. Like\\nlegislative and executive officers, they receive salaries\\nfixed by law.\\nCHAPTER XX\\nLEGAL PEOCEEDINGS\\na. Impeachment\\n1. Impeachment A complaint against the officer\\nhaving been brought formally before the lower house of\\nthe legislature, it votes whether he shall be impeached\\nor not, and if it is decided that there are sufficient\\ngrounds for the charge, articles of impeachment are\\nprepared and delivered to the upper house, and a com-\\nmittee of managers is selected from the members of\\nthe lower house to conduct the prosecution.\\n2. Trial The upper house (senate) then convenes", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0088.jp2"}, "89": {"fulltext": "JUDICIAL DEPARTMENT 83\\nas a court, the accused person is summoned to answer\\nthe charge, and a time is fixed for the trial. The\\ntrial is conducted in much the same way as a trial in\\nother courts, and at the close the senate votes upon his\\nguilt, a two-thirds vote being generally required to\\nconvict. If convicted, the court may remove him from\\noffice, or disqualify him to hold any office in the State,\\nfor a time, or for life; or may both remove and dis-\\nqualify him. This court can pronounce no other sen-\\ntence. But if the act committed is a crime, the offender\\nmay also be indicted, tried, and punished in a court of\\njustice.\\nb. Proceedings in Ordinary Civil Cases\\n3. Parties In both civil and criminal cases the\\nparty ^uing is called the plomiMff (i.e., the one com-\\nplaining), and the party sued the defendant the\\none defending himself).*\\nWe will now give a sketch of the ordinary steps in\\na civil action in their order.\\n4. Summons Except in the lowest courts, all the\\nproceedings in a lawsuit are taken by means of written\\npapers. This is that they may be preserved. The\\nfirst paper is ordinarily a summons. This is a writ\\nissued by the court at the instance of the plain tiff, and\\n*In a criminal case the State is the plaintiff, and the accused the\\ndefendant. The State i.e., the whole people are the ones injured\\nby a crime. For example, in New York State the title of a criminal\\ncase is The People of the State of New York against John Smith.\\nAlso, the person against whom the offence is committed has his civil\\nremedy, a suit for damages, against the offender. So that in the\\ncase of a criminal offence (for instance, assault and battery) the\\ninjured party can sue the offender for damages, and the State can\\npunish him at the same time.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0089.jp2"}, "90": {"fulltext": "84 STATE GOVERNMENTS\\nserved upon the defendant, summoning him to appear\\nin court. Generally this appearance is made not by\\ncoming into court in person, but by the defendant s\\nattorney filing a notice in the clerk s office. If he\\ndoes not appear within a certain time, the plaintiff\\nmay take judgment and issue execution immediately.\\n(See page 86.)\\n5. Pleadings If the defendant appears, the plaintiff\\nis then required to file or serve his declaration or com-\\nplaint^ setting forth what he claims, and the facts on\\nwhich he bases the claim. The defendant then files or\\nserves his plea, or answer, or demurrer, setting forth\\nhis defence; that is, the reasons why he thinks he\\nshould not be compelled to do what the plaintiff de-\\nmands. These papers are called the pleadings. Some-\\ntimes other papers are necessary. If the pleadings\\nagree as to the facts, the matter is then presented to\\nthe court, and it makes its decision, without what is\\npopularly called a trial. But if the pleadings do not\\nagree as to the facts if, for instance, the plea denies\\nany fact the declaration sets out this dispute must be\\nsettled by a trial.\\n6. Jury Trials may be had before the court alone,\\nbut in many cases either party may claim the right to\\nhave disputed facts decided by a jury.% In the higher\\ncourts a jury consists of twelve men in justices\\ncourts, of six. At every term of court (except in jus-\\nIn this connection an attorney, or counsel, is a lawyer who con-\\nducts a lawsuit for a person. In a broader sense, attorney often\\nmeans an agent to transact any business.\\nf These words have different meanings, unnecessary to state here.\\nSo important is this right considered that it is guaranteed to\\nevery one, in certain cases, by most of the State constitutions. It was\\nderived from England, where it has been enjoyed many centuries.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0090.jp2"}, "91": {"fulltext": "JUDICIAL DEPARTMENT $5\\ntices courts) a number of men residing in the county\\nare summoned to attend court to serve s jurors dur-\\ning the term, which lasts one or two weeks. From\\nthese the jury in each particular case is chosen by\\nlot.\\n7. Trial As soon as the pleadings are filed or\\nserved either party may summon the other to trial.\\nIf either party does not appear at the trial, the other\\nmay have judgment against him. If the witnesses are\\nunwilling to come, a subpoena (pronounced vwppend)\\nmay be issued to them. This is a writ from the court\\ncommanding them to attend, under heavy penalties if\\nthey do not. A judge always presides at the trial, and\\ndecides whether the evidence offered by either side is\\nproper to be admitted in the case. The usual course\\nof proceeding is as follows The plaintiffs counsel opens\\nthe trial by briefly stating what the ease is, and then\\nexamines such witnesses as he chooses, the defendant s\\ncounsel having the right to cross-examine each one, if\\nhe thinks the testimony rieeds to be made clearer this\\nexamination and cross-examination is made by the\\ncounsel asking questions which the witness must an-\\nswer, and the witness is not allowed to do anything\\nbut answer the questions put him after the plaintiff\\nhas presented all his witnesses, the defendant s counsel,\\nin turn, briefly states what his defence is, and examines\\nhis witnesses, the other side cross-examining each one\\nif he desires the defendant s counsel then makes an\\nargument upon the case, and the plaintiff s counsel\\ncloses with his argument. This ends the trial if it is\\nbefore the court alone. But if it is before a jury, the\\njudge delivers a charge to the jury, giving them a\\nsummary of the evidence on both sides and pointing", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0091.jp2"}, "92": {"fulltext": "S6 STATE GOVERNMENTS\\nout to them the points they are to decide. The jury\\nthen retire, and deliberate in secret.\\n8. Verdict If the jury cannot agree, they are dis-\\ncharged, and another trial may be had; but if they\\nagree, they return to court and announce their verdict.\\nThis word is from the Latin verum, true, and dictum,\\nsaying. In most States all the members of a jury\\nmust agree before a verdict can be rendered.\\n9. Judgment After a verdict, or decision of a case\\nby the court, formal judgment is entered (i.e., filed or\\nrecorded), and the successful party may add as a part\\nof it what are called costs. These are certain sums of\\nmoney allowed to him to compensate for his expenses.\\nIt is considered just that the one who is decided to be\\nin the wrong should pay all the expense.\\n10. Appeal If the defeated party thinks justice\\nhas not been done, he may appeal to the next higher\\ncourt. This court does not try the case over again,\\nbut simply examines all that was done in the lower\\ncourt to see if any error was committed. If there was\\nnone, it affirms the judgment; but if any even a\\nslight\u00e2\u0080\u0094 error was committed, it reverses the judgment\\nand grants a new trial, which is conducted in the same\\nway as the first. In many cases, if either party is\\ndissatisfied with the decision of the higher court he\\nmay appeal to a still higher one, which, in turn, affirms\\nor reverses. In this way a single case may have three\\nor four trials, and five or six appeals, though that is\\nvery unusual. Small cases cannot generally be appealed\\nto the highest court.\\n11. Execution against Property After judgment\\nis obtained against one, if he does not pay it, a writ\\ncalled an execution against the property may be issued", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0092.jp2"}, "93": {"fulltext": "JUDICIAL DEPARTMENT 87\\nto the sheriff. This commands him to seize the debtor s\\nproperty and sell it until he has sold enough to satisfy\\n(i.e., pay) the judgment. Certain articles, such as house-\\nhold goods and clothing, cannot be sold by the sheriff.\\n12. Execution against the Person Formerly, in\\naddition to the execution against property, an execution\\nagainst the person could be issued in all cases. This\\ncommanded the sheriff to put the debtor in jail until\\nhe paid the judgment. But now this extreme remedy\\nis abolished, except in cases where the judgment is\\nobtained for some act implying moral turpitude, such\\nas libel, assault, fraud, etc. In cases of ordinary debt,\\nsuch as for goods sold, money borrowed, etc., this\\nexecution cannot be had.\\nc. Proceedings in Criminal Ca$es\\n13. Indictment It is usual for State constitutions\\nto contain provisions requiring that before one can be\\ntried for a criminal offence (except a petty one) he must\\nbe indicted by a grand jury. A grand j /ry is a body\\nof citizens (usually twenty-three) summoned in every\\ncounty several times during the year, to inquire what\\ncrimes have been committed in the county. An indict-\\nment is a formal accusation made by a grand jury\\nagainst a person that he has committed a crime. The\\nprocess of indictment is as follows Some one, usually\\nthe district attorney, brings the fact of a crime to their\\nnotice the jury then summon the witnesses f named\\nand examine them if twelve of the jurors vote that\\nthere is sufficient cause for putting him on trial, the\\nPronounced inditement.\\nNo witnesses in favor of the accused are examined by the grand\\njury-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0093.jp2"}, "94": {"fulltext": "88 STATE GOVERNMENTS\\nindictment is drawn up by the district attorney, en\\ndorsed a true bill by the foreman of the grand jury,\\nand then sent to the court. These proceedings are\\nkept secret, in order to prevent the offender s escape.\\n14. Arrest and Bail A warrant may then be issued\\nfor the arrest of the accused. If arrested, he may give\\nbail, except in cases of crimes punishable by death, like\\nmurder. Giving bail consists of giving a bond, by\\nwhich the bondsmen agree to pay the State a certain\\nsum of money if the prisoner does not appear when he\\nis wanted. The prisoner is then released until his trial.\\nHe is then supposed to be in the custody of his bonds-\\nmen, and they can arrest him at any time.\\n15. Examination But often it is feared that if an\\nindictment is awaited the offender may escape. In\\nsuch case a complaint is sworn to before a justice of\\nthe peace, or other magistrate, and he issues a war-\\nrant. When the arrest is made the accused is brought\\nbefore him, and he makes a short examination of the\\ncase. If the evidence is such that he thinks the accused\\nshould be tried, he commits him to prison to await the\\naction of the grand jury, or if the case be not indicta-\\nble, to be tried at the next court. He may then give\\nbail.\\n16. Habeas Corpus If the prisoner thinks that\\nThis is the most famous writ in the law. It applies to all cases\\nwhere one person is unlawfully restrained by another, as well as to\\npersons charged with criminal offences. It is often used by a father\\nto gain possession of his child which has been unlawfully taken from\\nhim. So important is it considered that State constitutions often\\nprovide that the right of having the writ shall not be suspended by\\nthe legislature except in time of rebellion or invasion. It protects\\nthe right of personal liberty by causing the ground of arrest or\\nrestraint to be examined by a competent judge.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0094.jp2"}, "95": {"fulltext": "JUDICIAL DEPARTMENT 89\\nhis arrest is unlawful, he, or any one in his interest,\\nmay apply to any judge of a higher court for a writ of\\nhabeas corpus. This commands the sheriff, or whoever\\nhas him in custody, to bring him before the judge.\\nThe case is not tried then, but the judge simply exam-\\nines the case to see whether the arrest is lawful that\\nis, whether any crime is charged, or whether there is\\nany proper complaint. If he decides that the prisoner\\nis lawfully held, he remands him to prison if not, he\\norders him released.\\n17. Trial Due notice being given to the prisoner,\\nand a counsel to conduct his case being furnished him\\nby the State, if he has none, lie is brought to trial,\\nand, except in petty cases, lias the constitutional right\\nto be tried by a jury. lie is first called upon to plead\\nto the indictment (i.e., answer it), and he may plead\\nguilty or not guilty. This is called arraignment.\\nIf he pleads guilty, he is immediately sentenced;\\nif not guilty, the trial proceeds. The course of\\nthe trial is the same as in civil cases: the opening\\naddresses; examination and cross-examination of the\\nwitnesses on each side the arguments of counsel\\nthe charge and the verdict (see page 86). After ver-\\ndict he is discharged or sentenced, according as he is\\nfound innocent or guilty.\\nd. Other Proceedings\\n18. In Probate Courts Here the proceedings,\\nthough somewhat different, bear a resemblance to\\nthose in other courts. Generally there is no contest\\nbut when there is the court proceeds in much the same\\nway as other courts, but without a jury.\\n19. Special Proceedings The proceedings already", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0095.jp2"}, "96": {"fulltext": "90 REVIEW QUESTIONS\\ndescribed do not embrace all the varieties. Courts are\\napplied to for a great many objects, which cannot be\\nenumerated here, and the proceedings taken differ in\\ndifferent classes of cases. But in all legal proceedings\\nthe object is to bring all the parties interested before\\nthe court, so that it may learn what all claim, and give\\neach one a chance to disprove misstatements made by\\nany one else.\\nREVIEW QUESTIONS\\nGeneral Principles of Government\\nNecessity for Society and Government\\n1. Why is civil society necessary to mankind\\n2. From what does the right of private property come\\n3. What is law Why necessary\\n4. Why is government necessary\\nClassification of Bights and Law\\n5. What is a right\\n6. What are political rights In what act does a man exercise\\nthem\\n7. Name the different classes of civil rights.\\n8. To what class do religious rights belong\\n9. What is the difference between the moral law and the law of\\nnature\\n10. What is the difference between the moral law and municipal\\nlaw Which is the broader Why", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0096.jp2"}, "97": {"fulltext": "REVIEW QUESTIONS 91\\nForms of Government\\n11. Name and define the three fundamental forms of government.\\n12. What is a despotism\\n13. To what form of government does England belong Is it abso-\\nlute or limited\\n14. Explain the difference between a Republic and a Pure Democ-\\nracy\\n15. To which form does the United States Government belong To\\nwhich do the State Governments Why\\nState Governments\\nConstitution: Election: Departments\\n1. What is a constitution in this country How many are there\\nhere now\\n2. How are constitutions framed By whom, and bow, adopted\\n3. Name the usual qualifications of voter.-, as to age, sex, residence.\\nproperty, character, and color.\\n4. Describe the manner of conducting an election.\\n5. What is registration\\n6. What is the difference between a majority and a plurality?\\nWhich, usually, is necessary to elect a person\\n7. How many departments of government are there? Give the\\nname and duties of each. Why are they kept distinct\\nLegislative Department\\n8. Name the two branches of the legislature. Which is the larger\\nhouse Which the more select\\n9. Are legislators elected or appointed\\n10. How often do legislatures meet? What does organization con-\\nsist of\\n11. What is a quorum How many usually constitute it (i.e., what\\nproportion)\\n12. Are the proceedings of legislatures open or secret\\n13. Describe the usual method of enacting laws.\\n14. What are the purpose and use of committees\\n15. What is a veto Its effect\\n16. Is a law valid which is passed with all the formalities which the\\nconstitution prescribes, but not according to the rules of the\\nlegislature\\nExecutive Department\\n17. Who is the chief executive officer of a State How does he differ\\nfrom a king\\n18. Name his principal powers.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0097.jp2"}, "98": {"fulltext": "92 REVIEW QUESTIONS\\n19. Name the other high executive State officers, and their duties.\\n20. What are the territorial divisions of a State Their purpose\\n21. Which is the more important political division (county or town)\\nin the Southern Stales In New England\\n22. What is a municipal corporation Give some examples.\\n23. Name the principal county officers, and their duties.\\n24. Which represent the county, and which the State\\n25. Name the principal town officers, and their duties.\\n26. Are officers of the executive department elected or appointed\\n27. What is a city A village Why are they incorporated\\n28. Are inhabitants of cities and villages subject to the general laws\\nof the State\\n29. In what particulars do municipal corporations differ from private?\\nThe State from other municipal corporations\\n30. What is a tax Its purpose\\n31. Upon what kind of property are most of the taxes collected\\n32. What are assessors\\n33. How is a tax collected when the party will not pay it, in case he\\nis taxed for personal property How, in case he is taxed for\\nland\\n34. Explain why any government should furnish some education to\\nits citizens. Why should we in this country especially\\n35. How are common schools supported\\n36. Name some public institutions supported by the State.\\n37. How does a railroad or canal company acquire its land\\n38. Explain the difference between militia and a standing army.\\n39. Of what is a State militia composed Of what, the United States\\nmilitia\\n40. Who is the highest officer of the State militia\\n41. What are volunteer regiments\\nJudicial Department\\n42. What duties does the judicial department perform\\n43. What is impeachment What body tries impeachments What\\njudgment may it render\\n44. What is the difference between a civil and a criminal case Be-\\ntween original and appellate jurisdiction\\n45. Name the three grades of law courts in a State, with the usual\\njurisdiction of each. About how many courts are there in each\\ngrade\\n46. What are the duties of probate courts\\n47. Describe the progress of an ordinary civil case. Describe the\\ncourse of a trial.\\n48. In what civil cases may a defendant be arrested\\n49. What is an indictment A grand jury\\n50. Describe the progress of an ordinary criminal case.\\n51. Who is the plaintiff in a criminal case", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0098.jp2"}, "99": {"fulltext": "DIVISION III\\nNational Government\\nSECTION I.\u00e2\u0080\u0094 ITS ORIGIN AND NATURE\\nCHAPTER XXI\\nGOVERNMENT BEFORE THE REVOLUTION\\n1. The United States a Nation Besides the State\\ngovernments that we have described, there is in this\\ncountry another government, to which all the people\\nof all the States are subject, and which, in its own\\nsphere, has paramount authority over all the State\\ngovernments. This is the United States Government\\nThe people of all the original States severally adopted\\nanother constitution, the United States Constitution.\\nThis established another and superior government for\\nall the people, which is therefore called the National\\nGovernment. In this document the Nation is called\\nThe United States of America. To assist the\\nreader in understanding the Constitution and govern-\\nment of the United States, we shall first give a sketch\\nof the governments which preceded the Revolution,\\nand of the principal causes which led to it.\\n2. The Colonies Most of those who study this\\nwork probably know that our present State and na-\\ntional governments were not established by the early\\nsettlers in this country. The first inhabitants (except\\nthe Indians) were colonists. A colony is a settlement", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0099.jp2"}, "100": {"fulltext": "94 NATIONAL GOVERNMENT\\nof persons in a distant place or country, who remain\\nsubject to the government of the country from which\\nthey came. At the time of the Revolution there\\nexisted here thirteen colonies, settled mostly from\\nGreat Britain, all subject to the British sovereign, but\\nindependent of each other.\\n3. Colonial Governments The political rights and\\nprivileges enjoyed by the Colonists as British subjects\\nwere limited. The people had not then, as now, con-\\nstitutions of their own choice. There were colonial\\ngovernments; but they were such as the king was\\npleased to establish, and, generally, might be changed\\nat his pleasure. These governments were in form\\nsomewhat similar to that of our State governments.\\nThere was what might be called a legislature also an\\nexecutive or governor; and there were judges. But\\nof the officers of these departments of the govern-\\nment, only the members of the lower branch of the\\nlegislature were elected by the people. The other\\nbranch was composed of a small number of men,\\ncalled a council; but they were appointed by the king\\nand subject to his control, as was also the governor,\\nwho had the power of an absolute negative or veto to\\nany proposed law. And laws, after having received\\nthe assent of the governor, had to be sent to England\\nand approved by the king before they could go into\\neffect. The judges were appointed by the governor.\\nThe Colonies were also subject to the laws of the\\nBritish Parliament.\\n4. Good Laws Denied Hence we see that the\\ncolonists had no security for the passage of such laws\\nas they wanted. And the consequence was that they\\nwere often denied good laws.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0100.jp2"}, "101": {"fulltext": "ORIGIN AND NATURE 95\\n5. Oppressive Laws of Parliament \u00e2\u0080\u0094Not only so;\\nmany laws enacted by Parliament were very unjust\\nand oppressive. The object of these laws was to se-\\ncure to Great Britain alone the trade of the Colonies.\\nOne law declared that no goods should be imported\\nby the Colonists but in British vessels if brought in\\nother vessels, both the goods and vessels were to be\\nforfeited to the British Government. Another law\\ndeclared that no iron wares should be manufactured by\\nthe Colonists, so as to compel them to buy of Great\\nBritain. So also the Colonists were permitted to ship\\nto foreign markets such products only as British mer-\\nchants did not want. They were prohibited from sell-\\ning abroad any wool, yarn, or woollen manufactured\\ngoods, in order to keep the foreign markets open for\\nBritish wool and manufactures.\\n6. Duties One way taken to compel the Colonies to\\nbuy of Great Britain alone was to impose heavy duties\\non goods imported from anywhere else. For instance\\nthe Colonists traded with the West India islands, some\\nof which belonged to Great Britain, some to France,\\nand some to Spain. To secure the whole trade to the\\nBritish islands, the British Government imposed high\\nduties upon the molasses, sugar, and other articles\\nimported into the Colonies from the French and Span-\\nish islands. The people of the Colonies were therefore\\nobliged to import the above-mentioned goods from the\\nBritish islands only, while, if there had been no duty,\\nthey could have obtained them more cheaply from the\\nothers.\\n7. Taxation without Representation Not satis-\\nfied with these acts, Parliament claimed the right to\\ntax the Colonies in all cases whatsoever and an", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0101.jp2"}, "102": {"fulltext": "96 NATIONAL GOVERNMENT\\nact was passed accordingly, laying duties upon all tea,\\nglass, paper, etc., imported into the Colonies and the\\nmoney thus collected was put into the British treasury.\\nThe Colonists petitioned the king and Parliament to\\nrepeal these obnoxious laws, claiming that under a free\\ngovernment there should be no taxation without repre-\\nsentation that is, that no legislative body had the\\nright to tax them, unless they had representatives of\\ntheir own in that body and they had none in Parlia-\\nment. These petitions were, however, disregarded.\\n8. Result The Colonies resisted .the payment of\\nthese unjust taxes. Troops were then sent to compel\\nsubmission, and the Colonists, too, began to arm.\\nFinally, the Congress, which was a body of delegates\\nfrom the several Colonies, giving up all hope of relief,\\ndeclared by the Declaration of Independence, on July\\n4, 1776, the Colonies to be free and independent States,\\nno longer subject to the government of Great Britain.\\nThis declaration was maintained by a Avar which lasted\\nabout seven years, when Great Britain gave up the\\ncontest and acknowledged the independence of the\\nStates; and the Revolution was accomplished. By\\nthis declaration the thirteen Colonies became thirteen\\nStates, independent not only of Great Britain, but\\nalso, in most respects, of each other.\\nCHAPTER XXII\\nTHE CONFEDERATION\\n1. Continental Congress As early as the year 1774,\\nthe Colonics united in the plan of a congress, to be\\ncomposed of delegates chosen in all the Colonies, for", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0102.jp2"}, "103": {"fulltext": "ORIGIN AND NATURE 97\\nthe purpose of consulting on the common good and of\\nadopting measures of resistance to the claims of the\\nBritish Government. The Continental Congress, con-\\nvened in September, 1774, conducted the affairs of the\\ncountry until near the close of the war. This body\\nwas in reality a revolutionary body. It had nothing\\nto define or limit its powers. But the people relied\\nupon the honor, wisdom, and patriotism of its mem-\\nbers, and acquiesced in their acts.\\n2. Confederation But it was seen from the first\\nthat the Colonies (now States, by the Declaration of\\nIndependence) ought to be united, and that a central\\ngovernment with clearly defined powers must be\\nestablished. With a view to a permanent union tin 4\\nCongress, in November, 1777, agreed upon a frame of\\ngovernment, contained in certain articles, called kk Arti-\\ncles of Confederation and Perpetual Union between\\nthe States. These articles were to go into effect\\nwhen they should have received the assent of all the\\nStates. But as the consent of the last State (Mary-\\nland) was not obtained until March, 1781, they went\\ninto operation only about two years before the close of\\nthe war.\\n3. Defective As a plan of national government,\\nthe Confederation was soon found to be very defective.\\nThe union formed under it was a very imperfect one.\\nHaving been framed in time of war, it had respect to\\nthe operations of war rather than to a state of peace.\\nIts defects appeared almost as soon as it went into\\neffect and after the return of peace it was found that\\nthe union, instead of being strengthened and perpetu-\\nated b} T it, could be preserved only by a radical\\nchange.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0103.jp2"}, "104": {"fulltext": "98 NATIONAL GOVERNMENT\\n4. Weakness The leading defect of the Confedera-\\ntion was its weakness. It consisted merely of a legis-\\nlature, called the Congress, and had no executive or\\njudicial departments. This body could do little more\\nthan recommend measures. As it could not legislate\\ndirectly upon persons, its measures were to be carried\\ninto effect by the States but the States were not in\\nall cases willing, and some of them did at times refuse\\nto do so, and Congress could not compel them. It\\nbelonged to Congress to determine the number of\\ntroops and the sums of money necessary to carry on\\nthe Avar, and to call on each State to raise its share\\nbut Congress could not enforce its demands. It bor-\\nrowed money in its own name, but it had no means of\\nraising money to pay it. Hence we see that Congress\\nwas dependent for everything upon the good- will of\\nthirteen independent States. It is a wonder that a\\ngovernment of such inherent weakness should bring\\nthe war to a successful issue. It was a sense of danger\\nfrom abroad, rather than any power in the govern-\\nment, that induced a sufficient compliance with the\\nordinances of Congress to achieve the independence\\nof the States.\\n5. Taxes and Duties Congress had no power to\\nlevy taxes or to impose duties. These powers were\\nreserved to the States. Even during the war the\\nnecessary means to carry it on were with difficulty\\ncollected from the States. But after the war not only\\nwas money needed for the ordinary expenses of the\\ngovernment, but there was a heavy debt to be paid.\\nDuties were necessary also to regulate foreign trade,\\nbut each State imposed such as it saw fit, and there\\nwas no uniformity. Hence American commerce was", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0104.jp2"}, "105": {"fulltext": "ORIGIN AND NATURE 99\\nfast being destroyed through the want of power in\\nthe central government to regulate it.\\n6. Discord between states Another of the numer-\\nous troubles which arose from this imperfect union\\nwas the want of peace and harmony between the\\nStates. Laws were enacted in some States with a view-\\nto their own interests, which operated injuriously\\nupon other States. This induced the latter to retal-\\niate, by passing laws partial to themselves and injuri-\\nous to the former. The States soon became disaffected\\ntoward each other; and their mutual jealousies and\\nrivalries and animosities at length became so great as\\nto cause fears that some of the 4 States would become\\ninvolved in war among themselves, and that thus the\\nunion would be broken up.\\n7. Attempts at Amendment In view of these diffi-\\nculties, attempts wen 1 made to change the Articles of\\nConfederation so as to give the Congress more power,\\nespecially in the matter of regulating trade; but the\\nattempts failed.\\n8. Convention of 178G In January, 17S0 the leg-\\nislature of Virginia proposed a convention of commis-\\nsioners from all the States, to take into consideration\\nthe situation and trade of the United States and the\\nnecessity of a uniform system of commercial regula-\\ntions. A meeting was accordingly held at Annapolis\\nin September, 1TSG; but as commissioners from only\\nfive States* attended, the commissioners deemed it\\nunadvisable to proceed to business relating to an object\\nin which all the States were concerned but they\\nunited in a report to the several States and to Con-\\ngress, in which they recommended the calling of a gen-\\nNew York, New Jersey, Pennsylvania, Delaware, and Virginia.\\nU*GL", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0105.jp2"}, "106": {"fulltext": "100 NATIONAL GOVERNMENT\\noral convention of delegates from all the States, to\\nmeet in Philadelphia in May, 1787, with a view not\\nonly to the regulation of commerce, but to such other\\namendments of the Articles of Confederation as were\\nnecessary to render them adequate to the exigencies\\nof the union.\\n9. Convention of 1787 In pursuance of this rec-\\nommendation, Congress, in February, 1787, passed a\\nresolution providing for a convention. All the States\\nexcept Khode Island appointed delegates, who met\\npursuant to appointment and framed the present Con-\\nstitution of the United States. They also recom-\\nmended it to be laid by Congress before the several\\nStates, to be by them considered and ratified in con-\\nventions of representatives of the people.\\n10. Adoption of Constitution By this Constitu-\\ntion, as soon as the people of nine States ratified it,\\nit was to go into effect as to the States so ratif} 7 ing.\\nConventions of the people were accordingly held in all\\nthe States. The ninth State, New Hampshire, sent its\\nratification to Congress in July, 1788 and measures\\nwere taken by Congress to put the new government\\ninto operation. North Carolina and Ehode Island,\\nthe last States to accept the Constitution, did not send\\ntheir ratifications until the year after the government\\nwas organized.\\nCHAPTER XXIII\\nTHE UNION UNDER THE CONSTITUTION\\n1. Confederacy and Nation The Confederation\\nand the Union under the Constitution were each a\\nunion of the States, but they differed vastly from each", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0106.jp2"}, "107": {"fulltext": "ORIGIN AND NATURE 101\\nother. This difference may be best summed up by\\nsaying that the first made a Confederacy, the second a\\nNation.* Under the Confederation the States, though\\nunited as States in a firm league of friendship with\\neach other, yet expressly retained each its sover-\\neignty, freedom and independence. The people were\\ncitizens of the several States rather than of a con-\\nsolidated Nation. Under the Constitution the States\\nare no longer sovereign. The Nation is above them,\\nand they can do nothing contrary to the Constitution.\\nThey have in many respects surrendered their sover-\\neignty to the Nation for the good of all. If they\\nattempt to withdraw, the Nation can coerce thcni.f\\nThe people of the States are also citizens of the United\\nStates, We will give in the following sections the\\nchief differences between the Confederation and the\\nA confederacy is a league, or compact between individuals,\\nwhether persons or nations: a nation, as distinguished from a e n-\\nfederacy, is a people indissolubly bound together as a unit, a single\\npeople. One is a combination, the other a consolidation. There is\\nanother sense in which the word nation is often used, that of a people,\\nor combination of peoples, having a common central authority, which\\nrepresents them in all relations with foreign nations. The Statrs\\nwere never known or treated by foreign powers as separate nations,\\nand therefore in this sense the whole people were one nation even\\nunder the Confederation. Further than this, it may be said that\\neven before the Constitution the whole people, besides being bound\\ntogether by ties of common parentage and mutual dependence, often\\nacted as a consolidated nation, a single sovereignty instead of thirteen.\\nf At the time of the late Civil War the Southern States claimed\\nthat the Nation was but a Confederation, and that therefore they\\ncould withdraw. This they attempted to do, and set up a govern-\\nment of their own, calling it the Confederate States of America.\\nBut if force of arms can ever settle a logical question it is now\\nsettled that our country is not a mere Confederation, but a\\nNation.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0107.jp2"}, "108": {"fulltext": "102 NATIONAL GOVERNMENT\\npresent Union, which taken together make one a Con\u00c2\u00ab\\nfederacy and the other a Nation.\\n2. Name The document which established the Con-\\nfederation professed in its name to make nothing but a\\nleague between the States, as States, calling itself Ar-\\nticles of Confederation between the States.\\nThe Constitution, on the other hand, professes to make\\na union of the people, and not of the States thus its\\npreamble reads, We, the People of the United States\\ndo ordain and establish this Constitution.\\n3. By Whom Adopted The Articles of Confedera-\\ntion were adopted by the State legislatures, acting for\\nthe States, as States the Constitution was adopted by\\nconventions elected by the people in the several States.\\nBy whom they were framed is of little import.\\n4. Power But the chief difference between the two\\nwas in their power. We have seen that the Confedera-\\ntion had no power except to pass laws, and States and\\nindividuals could disobey them without fear of punish-\\nment, for it had no executive department to enforce,\\nand no judicial department to judge of, its laws. But\\nthe Constitution gives the National Government all\\nnecessary powers to enforce obedience to its laws a\\ncomplete executive department, with armies and money\\n(or the power to raise them) at its command and also\\na judicial department free from State control.\\n5. State Equality Again, under the Confederation,\\nas in confederacies generally, the States were equal.\\nThey were entitled to an equal number of delegates\\nin the Congress, in which they voted by States, each\\nState having one vote that is, if a majority of the\\ndelegates of a State voted in favor of or against a pro-\\nposed measure, the vote of the State was so counted", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0108.jp2"}, "109": {"fulltext": "ORIGIN AND NATURE 103\\nand a proposition having in its favor a majority of\\nthe States was carried. Under the Constitution both\\nbranches of the legislature vote per capita^ the vote of\\neach member counting one, and in the lower branch\\nthe representation is according to population, and thus\\nthe larger States have more members. The President,\\ntoo, is elected, not by States, but by a majority vote of\\nthe Electors. (See pages 132, 170.)\\n6. National Government The government of the\\nConfederation, although sometimes called the National\\nGovernment, was not really such, nor was it generally\\nso regarded, as appears from the proceedings of the\\nConvention that framed the Constitution. Early in\\nthe session of the Convention a resolution was offered,\\ndeclaring That a National Government ought to be\\nestablished, consisting of a supreme legislative, judi-\\nciary, and executive. This resolution was strongly\\nopposed by a large portion of the delegates, because it\\nproposed to establish a national government. They\\nwere in favor of continuing the Confederation with a\\nslight enlargement of the powers of Congress, so as to\\ngive that body the power to lay and collect taxes and\\nto regulate commerce. But the friends of a national\\ngovernment prevailed and history has proved their\\nwisdom.\\n7. Federal Union But although the present gov-\\nernment, with its three departments, its powers, and\\nits supremacy over the States, is properly a national\\ngovernment, yet it is not wholly such, but partly\\nnational and partly federal some of the federal fea-\\ntures of the Confederation having been retained in the\\nConstitution, as will appear on a further examination\\nof this instrument. Hence the Union is still called.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0109.jp2"}, "110": {"fulltext": "104:\\nNATIONAL GOVERNMENT\\nwith propriety, the Federal Union, and the govern\\nment the Federal Government.\\nCHAPTER XXIV\\nCONSTITUTION OF THE UNITED STATES\\n[Note.\u00e2\u0080\u0094 The following is the text of the Constitution and Amendments. It\\nshould be studied until the pupil can give the subject and substance of each\\nparagraph. The titles of the articles and sections form no part of the document,\\nbut are added here for the purpose of convenience in reference. The large\\nnumbers at the left are placed there that the paragraphs may be referred to by\\nnumber in the rest of the book.]\\n3\\nPreamble\\nWe, the People of the United States, in order to form a\\nmore perfect union, establish justice, insure domestic tran-\\nquillity, provide for the common defence, promote the general\\nwelfare, and secure the blessings of liberty to ourselves and\\nour posterity, do ordain and establish this Constitution for\\nthe United States of America.\\nARTICLE 1\\nLegislative Department\\nSection 1. Division into Two Houses\\n1. All legislative powers herein granted shall be vested in\\na Congress of the United States, which shall consist of a\\nSenate and House of Representatives.\\nSection 2. House of Representatives\\n1. The House of Representatives shall be composed of\\nmembers chosen every second year by the people of the sev-\\neral States and the electors in each State shall have the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0110.jp2"}, "111": {"fulltext": "ORIGIN AND NATURE 105\\nqualifications requisite for electors of the most numerous\\nbranch of the State Legislature.\\n2. No person shall be a Representative who shall not have\\nattained to the age of twenty-five years, and been seven\\nyears a citizen of the United States, and who shall not,\\nwhen elected, be an inhabitant of that State in which he\\nshall be chosen.\\n3. Representatives and dine! (axes shall be apportioned\\namong the several States which may be included within this\\nUnion, according to their respective numbers, which shall be\\ndetermined by adding to the whole number of free persona,\\nincluding those bound to service for a term of years, and\\nexcluding Indians not taxed, three fifths of all other persons.\\nThe actual enumeration shall be made within three years\\nafter the first meeting of the Congress of the United Stat.-.\\nand within every subsequent term of ten years, in Mich man-\\nner as they shall by law direct. The number of Representa-\\ntives shall not exceed one for every thirty thousand, but each\\nState shall have at least one Representative and until such\\nenumeration shall be made, the State of New Hampshire\\nshall be entitled to choose three; Massachusetts, eight;\\nRhode Island and Providence Plantations, one; Connecticut,\\nfive New York, six; New Jersey, four; Pennsylvania,\\neight; Delaware, one; Maryland, sis; Virginia, ten North\\nCarolina, five South Carolina, five and Georgia, three.\\n4. When vacancies happen in the representation from any\\nState, the executive authority thereof shall issue writs of\\nelection to fill such vacancies.\\n5. The House of Representatives shall choose their Speaker\\nand other officers, and shall have the sole power of impeach-\\nment.\\nSection 3. Senate\\n1. The Senate of the United States shall be composed of\\ntwo Senators from each State, chosen by the Legislature", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0111.jp2"}, "112": {"fulltext": "106 NATIONAL GOVERNMENT\\nthereof, for six years and each Senator shall have one\\nvote.\\n2. Immediately after they shall be assembled in conse-\\nquence of the first election, they shall be divided, as equally\\nas may be, into three classes. The seats of the Senators of\\nthe first class shall be vacated at the expiration of the sec-\\nond year of the second class at the expiration of the fourth\\nyear and of the third class at the expiration of the sixth\\nyear so that one third may be chosen every second year\\nand if vacancies happen, by resignation or otherwise^ dur-\\ning the recess of the Legislature of any State, the Execu-\\ntive thereof may make temporary appointments, until the\\nnext meeting of the Legislature, which shall then fill such\\nvacancies.\\n3. No person shall be a Senator who shall not have attained\\nto the age of thirty years, and been nine years a citizen of the\\nUnited States, and who shall not, when elected, be an inhab-\\nitant of that State for which he shall be chosen.\\n4. The Vice-President of the United States shall be Presi-\\ndent of the Senate, but shall have no vote, unless they be\\nequally divided.\\n5. The Senate shall choose their other officers, and also a\\nPresident pro tempore, in the absence of the Vice-President,\\nor when he shall exercise the office of President of the United\\nStates.\\n6. The Senate shall have the sole power to try all impeach-\\nments when sitting for that purpose, they shall be on oath\\nor affirmation. When the President of the United States is\\ntried, the Chief-Justice shall preside and no person shall be\\nconvicted without the concurrence of two-thirds of the mem-\\nbers present.\\n7. Judgment, in cases of impeachment, shall not extend\\nfurther than to removal from office, and disqualification to\\nhold and enjoy any office of honor, trust, or profit, under", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0112.jp2"}, "113": {"fulltext": "ORIGIN AND NATURE 107\\nthe United States but the party convicted shall, neverthe-\\nless, be liable and subject to indictment, trial, judgment and\\npunishment, according to law.\\nSection 4. Elections and Meetings of Congress\\n1. The times, places, and manner of holding elections for\\nSenators and Representatives shall be prescribed in each\\nState by the Legislature thereof but the Congress may at\\nany time, by law, make or alter such regulations, except as\\nto the places of choosing Senators.\\n2. The Congress shall assemble at least once in every\\nyear; and such meeting shall be on the first Monday in\\nDecember, unless they shall, by law, appoint a different\\nday.\\nSection 5. Powers and Duties of the Houses\\n1. Each House shall be the judge of the elections, returns,\\nand qualifications of its own members and a majority of\\neach shall constitute a quorum to do business; but a smaller\\nnumber may adjourn from day to day, and may be author-\\nized to compel the attendance of absent members, in such\\nmanner, and under such penalties, as each House may\\nprovide.\\n2. Each House may determine the rules of its proceedings,\\npunish its members for disorderly behavior, and, with th.2\\nconcurrence of two thirds, expel a member.\\n3. Each House shall keep a journal of its proceedings,\\nand from time to time publish the same, excepting such\\nparts as may, in their judgment, require secrecy; and the\\nyeas and nays of the members of either House, on any\\nquestion, shall, at the desire of one-fifth of those present,\\nbe entered on the journal.\\n4. Neither House, during the session of Congress, shall,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0113.jp2"}, "114": {"fulltext": "108 NATIONAL GOVERNMENT\\nwithout the consent of the other, adjourn for more than\\nthree days, nor to any other place than that in which the\\ntwo Houses shall be sitting.\\nSection 6. Privileges of and Prohibitions upon\\nMembers\\n1. The Senators and Representatives shall receive a com-\\npensation for their services, to be ascertained by law, and\\npaid out of the Treasury of the United States. They shall,\\nin all cases except treason, felony, and breach of the peace,\\nbe privileged from arrest during their attendance at the\\nsession of their respective Houses, and in going to and\\nreturning from the same; and for any speech or debate in\\neither house, they shall not be questioned in any other\\nplace.\\n2. No Senator or Representative shall, during the time\\nfor which he was elected, be appointed to any civil office\\nunder the authority of the United States, which shall have\\nbeen created, or the emoluments whereof shall have been\\nincreased, during such time; and no person holding any\\noffice under the United States shall be a member of either\\nHouse during his continuance in office.\\nSection 7. Revenue Bills President s Veto\\n1. All bills for raising revenue shall originate in the House\\nof Representatives; but the Senate may propose, or concur\\nwith, amendments, as on other bills.\\n2. Every bill which shall have passed the House of\\nRepresentatives and the Senate shall, before it become a\\nlaw, be presented to the President of the United States;\\nif he approve, he shall sign it; but if not, he shall return\\nit, with his objections, to that House in which it shall have\\noriginated, who shall enter the objections at large on their", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0114.jp2"}, "115": {"fulltext": "ORIGIN AND NATURE 1()9\\njournal, and proceed to reconsider it. If, after such recon-\\nsideration, two-thirds of that House shall agree to pass the\\nbill, it shall be sent, together with the objections, to the\\nother House, by which it shall likewise be reconsidered, and,\\nif approved by two-thirds of that House, it shall become\\na law 1 But, in all such cases, the votes of both Houses\\nshall be determined by yeas and nays, and the names\\nof the persons voting for and against the bills shall be\\nentered on the journal of each House respectively. If any\\nbill shall not be returned by the President within ten days\\n(Sundays excepted) after it shall have been presented to\\nhim, the same shall be a law, in like manner as if he had\\nsigned it, unless the Congress, by their adjournment, pre-\\nvent its return, in which case it shall not be a law.\\n3. Every order, resolution, or vote to which the concurrence\\nof the Senate and House of Representatives may be necessary\\n(except on a question of adjournment), shall be presented to\\nthe President of the United States, and before the same shall\\ntake effect shall be approved by him, or. being disapproved\\nby him, shall be repassed by two-thirds of the Senate and\\nHouse of Representatives, according to the rules and limita-\\ntions prescribed in the case of a bill.\\nSection 8. Legislative Powers of Congress\\nThe Congress shall have power\\n1. To lay and collect taxes, duties, imposts, and excises\\nto pay the debts and provide for the common defence and\\ngeneral welfare of the United States; but all duties, imposts,\\nand excises shall be uniform throughout the United States:\\n2. To borrow money on the credit of the United States:\\n3. To regulate commerce with foreign nations, and among\\nthe several States, and with the Indian tribes\\n4. To establish a uniform rule of naturalization, and uni*", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0115.jp2"}, "116": {"fulltext": "110 NATIONAL GOVERNMENT\\nform laws on the subject of bankruptcies throughout the\\nUnited States:\\n5. To coin money; to regulate the value thereof, and of\\nforeign coin; and fix the standard of weights and measures:\\n6. To provide for the punishment of counterfeiting the\\nsecurities and current coin of the United States\\n7. To establish post-offices and post-roads:\\n8. To promote the progress of science and useful arts, by\\nsecuring for limited times, to authors and inventors, the\\nexclusive right to their respective writings and discoveries\\n9. To constitute tribunals inferior to the Supreme Court\\n10. To define and punish piracies and felonies committed\\non the high seas, and offences against the law of nations:\\n11. To declare war grant letters of marque and reprisal;\\nand make rules concerning captures on land and water:\\n12. To raise and support armies; but no appropriation of\\nmoney to that use shall be for a longer term than two years:\\n13. To provide and maintain a navy:\\n14. To make rules for the government and regulation of\\nthe land and naval forces\\n15. To provide for calling forth the militia to execute the\\nlaws of the Union, suppress insurrections, and repel invasions:\\n16. To provide for organizing, arming, and disciplining the\\nmilitia, and for governing such part of them as may be em-\\nployed in the service of the United States; reserving to the\\nStates respectively the appointment of the officers, and the\\nauthority of training the militia according to the discipline\\nprescribed by Congress\\n17. To exercise exclusive legislation in all cases whatsoever\\nover such district (not exceeding ten miles square) as may,\\nby cession of particular States and the acceptance of Congress,\\nbecome the seat of the government of the United States, and\\nto exercise like authority over all places purchased by the\\nconsent of the Legislature of the State in which the same", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0116.jp2"}, "117": {"fulltext": "ORIGIN AND NATURE 111\\nshall be, for the erection of forts, magazines, arsenals, dock-\\nyards, and other needful buildings: And\\n18. To make all laws which shall be necessary and proper\\nfor carrying into execution the foregoing powers, and all\\nother powers vested by this Constitution in the government\\nof the United States, or in any department or officer thereof.\\nSection 9. Prohibitions upon the United States\\n1. The migration or importation of such persons as any\\nof the States now existing shall think proper to admit, shall\\nnot be prohibited by the Congress prior to the year one thou-\\nsand eight hundred and eight; but a tax or duty may be\\nimposed on such importation, not exceeding ten dollars for\\neach person.\\n2. The privilege of the writ of habeas corpus shall not be\\nsuspended unless when, in cases of rebellion or invasion, the\\npublic safety may require it.\\n3. No bill of attainder or ex post facto law shall be passed.\\n4. No capitation or other direct, tax shall be laid, unless\\nin proportion to the census or enumeration hereinbefore\\ndirected to be taken.\\n5. No tax or duty shall be laid on articles exported from\\nany State. No preference shall be given, by any regulation\\nof commerce or revenue, to the ports of one State over\\nthose of another nor shall vessels bound to or from one\\nState be obliged to enter, clear, or pay duties in another.\\n6. No money shall be drawn from the treasury, but in\\nconsequence of appropriations made by law and a regular\\nstatement and account of the receipts and expenditures of\\nall public money shall be published from time to time.\\n7. No title of nobility shall be granted by the United\\nStates; and no person holding any office of profit or trust\\nunder them shall, without the consent of the Congress, ac-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0117.jp2"}, "118": {"fulltext": "112 NATIONAL GOVERNMENT\\ncept of any present, emolument, office, or title of any kind\\nwhatever, from any king, prince, or foreign State.\\nSection 10. Prohibitions upon the States\\n1. No State shall enter into any treaty, alliance, or con-\\nfederation grant letters of marque and reprisal coin\\nmoney emit bills of credit make anything but gold and\\nsilver coin a tender in payment of debts pass any bill of\\nattainder, ex post facto law, or law impairing the obligation\\nof contracts or grant any title of nobility.\\n2. No State shall, without the consent of the Congress,\\nlay any imposts or duties on imports or exports, except\\nwhat may be absolutely necessary for executing its inspec-\\ntion laws and the net produce of all duties and imposts laid\\nby any State on imports or exports, shall be for the use of\\nthe treasury of the United States and all such laws shall\\nbe subject to the revision and control of the Congress. No\\nState shall, without the consent of Congress, lay any duty\\nof tonnage, keep troops or ships of war in time of peace,\\nenter into any agreement or compact with another State,\\nor with a foreign power, or engage in war unless actually\\ninvaded, or in such imminent danger as will not admit of\\ndelay.\\nARTICLE II\\nExecutive Department: The President and Vice-\\nPresident\\nSection 1. Term: Election: Qualifications: Salary:\\nOath of Office\\n1. The executive power shall be vested in a President of\\nthe United States of America. He shall hold his office\\nduring the term of four years, and, together with the Vice-\\nPresident, chosen for the same term, be elected as follows:", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0118.jp2"}, "119": {"fulltext": "ORIGIN AND NATURE H3\\n2. Each Stale shall appoint, in such manner as the Li\\nlature thereof may direct, a number of Electors equal to the\\nwhole number of Senators and Representatives to which the\\nState may be entitled in the Congress bui no Senator or\\nRepresentative, or person holding an office of trusl or profit\\nunder the United States, shall be appointed an Elector.\\nThe following clause has been superseded by Article XII. of the Amend-\\nments\\n3. The Electors shall meet in their respective States, and vote by ballot\\nfor two persons, of whom one at least shall not be an inhabitant of the\\nsame State with themselves. And they shall make a lisl of all\\nVOted for, and of the number of votes for each, which list they shall mltii\\nand certify, and transmit, sealed, to the seat of the government of the\\nUnited States, directed to the President of the Senate. The President of\\nthe Senate shall, in the presence of the Senate and House of Repi\\natives, open all the certificates, and the votes shall then be counted.\\nperson having the greatest number of votes shall be the Pn sident, if such\\nnumber be a majority of the whole number of Electors appointed, and if\\nthere be more than one who have such majority, and have an equal num-\\nber of votes, then the House of Representatives shall immediately choose\\nby ballot one of them for President and if no person have a majority,\\nthen, from the live highest on the list, the said House shall, in like man-\\nner, choose the President. But in choosing the President, the votes shall\\nbe taken by Slates, the representation from each State having one vote a\\nquorum for this purpose shall consist of a member or members from two-\\nthirds of the States, and a majority of the States shall be necessary to a\\nchoice. In every case, after the choice of the President, the person having\\nthe greatest number of votes of the Electors shall be the Vice-President.\\nBut if there should remain two or more who have equal votes, the Senate\\nshall choose from them, by ballot, the Vice-President.\\n4. The Congress may determine the time of choosing the\\nElectors, and the day on which they shall give their votes,\\nwhich day shall be the same throughout the United States.\\n5. No person except a natural born citizen, or a citizen of\\nthe United States at the time of the adoption of this Consti-\\ntution, shall be eligible to the office of President neither\\n8", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0119.jp2"}, "120": {"fulltext": "114 NATIONAL GOVERNMENT\\nshall any person be eligible to that office who shall not have\\nattained to the age of thirty-five years, and been fourteen\\nyears a resident within the United States.\\n6. In case of the removal of the President from office, or\\nof his death, resignation, or inability to discharge the\\npowers and duties of the said office, the same shall devolve\\non the Vice-President, and the Congress may, by law, pro-\\nvide for the case of removal, death, resignation, or inability,\\nboth of the President and Vice-President, declaring what\\nofficer shall then act as President and such officer shall\\nact accordingly, until the disability be removed, or a Presi-\\ndent shall be elected.\\n7. The President shall, at stated times, receive for his\\nservices a compensation, which shall neither be increased\\nnor diminished during the period for which he shall have\\nbeen elected and he shall not receive, within that period,\\nany other emolument from the United States, or any of\\nthem.\\n8. Before he enter on the execution of his office, he shall\\ntake the following oath or affirmation\\nI do solemnly swear (or affirm) that I will faithfully\\nexecute the office of President of the United States and\\nwill, to the best of my ability, preserve, protect, and defend\\nthe Constitution of the United States.\\nSection 2. President s Executive Powers\\n1. The President shall be commander-in-chief of the army\\nand navy of the United States, and of the militia of the\\nseveral States when called into the actual service of the\\nUnited States he may require the opinion, in writing, of\\nthe principal officer in each of the executive Departments,\\nupon any subject relating to the duties of their respective\\noffices and he shall have power to grant reprieves and", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0120.jp2"}, "121": {"fulltext": "ORIGIN AND NATURE 115\\npardons for offences against the United States, except in\\ncases of impeachment.\\n2. He shall have power by and with the advice and con-\\nsent of the Senate to make treaties, provided two thirds\\nof the Senators present concur and he shall nominate, and\\nby and with the advice and consent of the Senate shall\\nappoint, ambassadors, other public ministers and consuls,\\njudges of the Supreme Court,, and all other officers of the\\nUnited States whose appointments are not herein otherwise\\nprovided for, and which shall be established by law but\\nthe Congress may, by law, vest the appointment of such\\ninferior officers as they think proper, in the President alone,\\nin the courts of law, or in the Heads of Departments.\\n3. The President shall have power to fill up all vacancies\\nthat may happen during the recess of the Senate, by grant-\\ning commissions which shall expire at the end of their next\\nsession.\\nSection 3. President s Executive Powers\\n(continued)\\n1. lie shall from time to time give to the Congress infor-\\nmation of the state of the Union and recommend to their\\nconsideration such measures as he shall judge necessary and\\nexpedient. He may, on extraordinary occasions, convene\\nboth Houses, or either of them and in case of disagree-\\nment between them, with respect to the time of adjourn-\\nment, he may adjourn them to such time as he shall think\\nproper. He shall receive ambassadors and other public\\nministers. He shall take care that the laws be faithfully\\nexecuted and shall commission all the officers of the United\\nStates.\\nSection 4. Impeachment\\n1. The President, Vice-President, and all civil officers of\\nthe United States shall be removed from office on impeach-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0121.jp2"}, "122": {"fulltext": "116 NATIONAL GOVERNMENT\\nmen I for, and conviction of, treason, bribery, or other high\\ncrimes and misdemeanors.\\nARTICLE III\\nJudicial Department\\nSection 1. Courts: Terms of Office\\n1. The judicial power of the United States shall be vested\\nin one Supreme Court, and in such inferior Courts as the\\nCongress may, from time to time, ordain and establish. The\\njudges both of the Supreme and inferior Courts shall hold\\ntheir offices during good behavior and shall, at stated times,\\nreceive for their services a compensation which shall not be\\ndiminished during their continuance in office.\\nSection 2. Jurisdiction\\n1. The judicial power shall extend to all cases in law and\\nequity arising under this Constitution, the laws of the United\\nStates and treaties made, or which shall be made, under\\ntheir authority to all cases affecting ambassadors, other\\npublic ministers, and consuls to all cases of admiralty and\\nmaritime jurisdiction to controversies to which the United\\nStates shall be a party, to controversies between two or more\\nStates between a State and citizens of another State be-\\ntween citizens of different States between citizens of the\\nsame State claiming lands under grants of different States\\nand between a State, or the citizens thereof, and foreign\\nStates, citizens, or subjects.\\n2. In all cases affecting ambassadors, other public minis-\\nters and consuls, and those in which a State shall be a party,\\nt lie Supreme Court shall have original jurisdiction. In all\\nthe other cases before mentioned, the Supreme Court shall\\nhave appellate jurisdiction, both as to law and fact, with", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0122.jp2"}, "123": {"fulltext": "ORIGIN AND NATURE H7\\nsuch exceptions, and under such regulations, as the Congress\\nshall make.\\n3. The trial of all crimes, except in cases of impeachment,\\nshall he by jury; and such trial shall be held in the Slate\\nwhere the said crimes shall have been committed but when\\nnot committed within any State, the trial shall he at such\\nplace or places as flu; Congress may. by law have directed.\\nSection 3. Treason\\n1. Treason against the United States shall consisl only in\\nlevying war against them, or in adhering to their enemies,\\ngiving them aid and comfort. N person shall be convicted\\nof treason, unless on the testimony of two witnesses t the\\nsame overt act, or on confession in open court.\\n2. The Congress shall have power to declare the punish-\\nment of treason but no attainder of treason shall work cor-\\nruption of blood, or forfeiture, except during the life of the\\nperson attainted.\\nARTICLE IV\\nRelations of States\\nSection 1. Public Records\\n1. Full faith and credit shall be given, in each State, to\\nthe public acts, records, ami judicial proceedings of every\\nother State. And the Congress may, by general laws, pre-\\nscribe the manner in which such acts, records, and proceed\\nings shall be proved, and the effect thereof.\\nSection 2. Rights in one State of Citizens of\\nanother\\n1. The citizens of each State shall 4-^e entitled to all the\\nprivileges and immunities of citizens in the several States.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0123.jp2"}, "124": {"fulltext": "118 NATIONAL GOVERNMENT\\n2. A person charged in any State with treason, felony, or\\nother crime, who shall flee from justice and be found in\\nanother State, shall, on demand of the executive authority\\nof the State from which he fled, be delivered up, to be re-\\nmoved to the State having jurisdiction of the crime.\\n3. No person held to service or labor in one State, under\\nthe laws thereof, escaping into another, shall, in consequence\\nof any law or regulation therein, be discharged from such\\nservice or labor but shall be delivered up on claim of the\\nparty to whom such service or labor may be due.\\nSection 3. New States Territories\\n1. New States may be admitted by the Congress into this\\nUnion but no new State shall be formed or erected within\\nthe jurisdiction of any other State, nor any State be formed\\nby the junction of two or more States, or parts of States,\\nwithout the consent of the Legislatures of the States con-\\ncerned, as well as of the Congress.\\n2. The Congress shall have power to dispose of, and make\\nall needful rules and regulations respecting, the territory or\\nother property belonging to the United States and nothing\\nin this Constitution shall be so construed as to prejudice any\\nclaims of the United States, or of any particular State.\\nSection 4. Protection afforded to States by the\\nNation\\n1. The United States shall guarantee to every State in this\\nUnion a republican form of government and shall protect\\neach of them against invasion, and on application of the\\nLegislature, or of the Executive (when the Legislature can-\\nnot be convened), against domestic violence.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0124.jp2"}, "125": {"fulltext": "ORIGIN AND NATURE 119\\nARTICLE V\\nAmendment\\nThe Congress, whenever two thirds of both Houses shall\\ndeem it necessary, shall propose amendments to this Consti-\\ntution, or, on the application of the Legislatures of t wo thirds\\nof the several States, shall call a convention for proposing\\namendments which, in either case, shall be valid to all\\nintents and purposes, as part of this Constitution, when rati-\\nfied by the Legislatures of three fourths of the several States,\\nor by conventions in three fourths thereof, as the one or the\\nother mode of ratification may be proposed by the Congress\\nprovided, that no amendment which may be made prior to the\\nyear one thousand eight hundred and eight shall in any man-\\nner affect the first and fourth clauses in the ninth section of\\nthe first article and that no State, without its consent, shall\\nbe deprived of its equal suffrage in the Senate.\\nARTICLE VI\\nNational Debts Supremacy of National Law Oath\\n1. All debts contracted, and engagements entered into,\\nbefore the adoption of this Constitution shall be as valid\\nagainst the United States under this Constitution as under\\nthe Confederation.\\n2. This Constitution, and the laws of the United States\\nwhich shall be made in pursuance thereof, and all treaties\\nmade or which shall be made under the authority of the\\nUnited States, shall be the supreme law of the land, and the\\njudges in every State shall be bound thereby, anything in\\nthe Constitution or laws of any State to the contrary not-\\nwithstanding.\\n3. The Senators and Representatives before mentioned,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0125.jp2"}, "126": {"fulltext": "120 NATIONAL GOVERNMENT\\nand the members of the several Legislatures, and all execu-\\ntive and judicial officers, both of the United States and of\\nthe several States, shall be bound, by oatli or affirmation, to\\nsupport this Constitution; but no religious test shall ever be\\nrequired as a qualification to any office or public trust under\\nthe United States.\\nARTICLE VII\\nEstablishment of Constitution\\nThe ratification of the conventions of nine States shall be\\nsufficient for the establishment of this Constitution between\\nthe States so ratifying the same.\\n[Constitution ratified by State?, 1787-1790.]\\nAMENDMENTS\\nARTICLE I\\nFreedom of Religion, of Speech, and of the Press\\nRight of Petition\\nCongress shall make no law respecting an establishment of\\nreligion, or prohibiting the free exercise thereof or abridg-\\ning the freedom of speech or of the press or the right of the\\npeople peaceably to assemble, and to petition the government\\nfor a redress of grievances.\\n[Adopted 1791.]\\nARTICLE II\\nRight to Keep Arms\\nA well-regulated militia being necessary to the security of\\na free Slate, the right of the people to keep and bear arms\\nshall not be infringed.\\n[Adopted 1791.]", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0126.jp2"}, "127": {"fulltext": "ORIGIN AND NATURE 121\\nARTICLE III\\nQuartering of Soldiers in Private Hoi\\nNo soldier shall, in time of peace, be quartered in any\\nhouse without the consent of the owner; dot in a time of\\nwar, but in a manner to be prescribed by law.\\n[Adopted 1791.]\\nARTICLE IV\\nSearch: Warrants\\nThe right of the people to be secure in (heir persons,\\nhouses, papers, and effects, against unreasonabli\\nand seizures, shall nol be violated; and no wan-ant shall\\nissue but upon probable cause, supported by oath or affir-\\nmation, and particularly describing the place to be searched\\nand the person or things to be seized.\\n[Adopted 1791.]\\nARTICLE V\\nCriminal Proceedings\\nNo person shall be held to answer for a capital or otherwise\\ninfamous crime, unless on a presentment or indictment of a\\ngrand jury, except in eases arising in the land or naval forces,\\nor in the militia when in actual service, in time of war or pub-\\nlic danger nor shall any person be subject, for the same of-\\nfence, to be twice put in jeopardy of life or limb, nor shall be\\ncompelled, in any criminal case, to be a witness against him.\\nself nor be deprived of life, liberty, or property without due\\nprocess of law nor shall private property be taken for public\\nuse without just compensation.\\n[Adopted 1/91.]", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0127.jp2"}, "128": {"fulltext": "122 NATIONAL GOVERNMENT\\nARTICLE VI\\nCriminal Proceedings\\nIn all criminal prosecutions, the accused shall enjoy the\\nright to a speedy and public trial by an impartial jury of the\\nState and district wherein the crime shall have been com-\\nmitted, which district shall have been previously ascertained\\nby law, and to be informed of the nature and cause of the\\naccusation to be confronted with the witnesses against him\\nto have compulsory process for obtaining witnesses in his\\nfavor and to have the assistance of counsel for his defence.\\n[Adopted 1791.]\\nARTICLE VII\\nJur? Trial in Civil Cases\\nIn suits at common law, where the value in controversy\\nshall exceed twenty dollars, the right of trial by jury shall\\nbe preserved, and no fact tried by a jury shall be otherwise\\nre-examined in any court of the United States than according\\nto the rules of the common law.\\n[Adopted 1791.]\\nARTICLE VIII\\nExcessive Punishments\\nExcessive bail shall not be required, nor excessive fines\\nimposed, nor cruel and unusual punishments inflicted.\\n[Adopted 1791.]\\nARTICLE IX\\nRights of People not named\\nThe enumeration in the Constitution of certain rights\\nshall not be construed to deny or disparage others retained\\nby the people.\\n[Adopted 1791.)", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0128.jp2"}, "129": {"fulltext": "ORIGIN AND NATURE 123\\nARTICLE X\\nPowers reserved to States\\nThe powers not delegated to the United States, by the\\nConstitution, nor prohibited by it to the States, are reserved\\nto the States respectively, or to the people.\\n[Adopted 1791.J\\nARTICLE XI\\nSuits against States\\nThe judicial power of the United States shall not be con-\\nstrued to extend to any suit in law or equity, commenced\\nor prosecuted against one of the United States by citizens\\nof another State, or by citizens or subjects of any foreign\\nState.\\n[Adopted 1798.1\\nARTICLE XII\\nElection of President and Vice-President\\n1. The Electors shall meet in their respective States and\\nvote by ballot for President and Vice-President, one of\\nwhom at least shall not be an inhabitant of the same State\\nwith themselves; they shall name in their ballots the per-\\nson voted for as President, and in distinct ballots the\\nperson voted for as Vice-President, and they shall make\\ndistinct lists of all persons voted for as President, and of all\\npersons voted for as Vice-President, and of the number of\\nvotes for each, which lists they shall sign and certify, and\\ntransmit, sealed, to the seat of the government of the United\\nStates, directed to the President of the Senate the Presi-\\ndent of the Senate shall, in the presence of the Senate and\\nHouse of Representatives, open all the certificates, and the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0129.jp2"}, "130": {"fulltext": "124 NATIONAL GOVERNMENT\\nvotes shall then be counted the person having the great-\\nest number of votes for President shall be the President,\\nif such number be a majority of the whole number of Elec-\\ntors appointed; and if no person have such majority, then,\\nfrom the persons having the highest numbers, not exceeding\\nthree, on the list of those voted for as President, the House\\nof Representatives shall choose immediately, by ballot, the\\nPresident. But in choosing the President, the votes shall\\nbe taken by States, the Representatives from each State\\nhaving one vote; a quorum for this purpose shall consist\\nof a member or members from two-thirds of the States, and\\na majority of all the States shall be necessary to a choice.\\nAnd if the House of Representatives shall not choose a\\nPresident whenever the right of choice shall devolve upon\\nthem, before the fourth day of March next following, then\\nthe Vice-President shall act as President, as in the case\\nof the death or other constitutional disability of the\\nPresident.\\n2. The person having the greatest number of votes as\\nVice-President shall be the Vice-President, if such number\\nbe a majority of the whole number of Electors appointed;\\nand if no person have a majority, then, from the two\\nhighest numbers on the list, the Senate shall choose the\\nVice-President a quorum for the purpose shall consist\\nof two thirds of the whole number of Senators, and a\\nmajority of the whole number shall be necessary to a\\nchoice.\\n3. But no person constitutionally ineligible to the office of\\nPresident shall be eligible to that of Vice-President of the\\nUnited States.\\n[Adopted 1804.]", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0130.jp2"}, "131": {"fulltext": "ORIGIN AND NATURE 125\\nARTICLE XIII\\nSlavery\\nSection 1. Abolition of Slavery\\nNeither slavery nor involuntary servitude, except as a pun-\\nishment for crime, whereof the party shall have been duly\\nconvicted, shall exist within the United States, or any place\\nsubject to their jurisdiction.\\nSection 2. Power of Congm\\nCongress shall have power to enforce this article by appro-\\npriate legislation.\\n1 [Adopted 1865.]\\nARTICLE XIV\\nCivil Rights: Apportionment op Representatives:\\nPolitical Disabilities: Public Debt\\nSection 1. Civil Rights\\nAll persons born or naturalized in the United States, and\\nsubject to the jurisdiction thereof, are citizens of the United\\nStates and of the State wherein they reside. No State shall\\nmake or enforce any law which shall abridge the privileges\\nor immunities of citizens of the United States nor shall any\\nState deprive any person of life, liberty, or property without\\ndue process of law, nor deny to any person within its juris-\\ndiction the equal protection of the laws.\\nSection 2. Apportionment of Representatives\\nRepresentatives shall be apportioned among the several\\nStates according to their respective numbers, counting the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0131.jp2"}, "132": {"fulltext": "126 NATIONAL GOVERNMENT\\nwhole number of persons in each State, excluding Indians\\nnot taxed. But when the right to vote at any election for\\nthe choice of Electors for President and Vice-President of\\nthe United States, Representatives in Congress, the execu-\\ntive and judicial officers of a State, or the members of the\\nLegislature thereof, is denied to any of the male inhabitants\\nof such State, being twenty-one years of age, and citizens of\\nthe United States, or in any way abridged, except for par-\\nticipation in rebellion or other crime, the basis of repre-\\nsentation therein shall be reduced in the proportion which\\nthe number of such male citizens shall bear to the whole\\nnumber of male citizens twenty-one years of age in such\\nState.\\nSection 3. Political Disabilities\\nNo person shall be a Senator or Representative in Con-\\ngress, or Elector of President and Vice-President, or hold\\nany office, civil or military, under the United States, or\\nunder any State, who, having previously taken an oath, as a\\nmember of Congress, or as an officer of the United States, or\\nas a member of any State Legislature, or as an executive or\\njudicial officer of any State, to support the Constitution of\\nthe United States, shall have engaged in insurrection or\\nrebellion against the same, or given aid or comfort to the\\nenemies thereof. But Congress may, by a vote of two-thirds\\nof each House, remove such disability.\\nSection 4. Pnblic Debt\\nThe validity of the public debt of the United States,\\nauthorized by law, including debts incurred for payment of\\npensions and bounties for services in suppressing insurrection\\nor rebellion, shall not be questioned. But neither the United\\nStates nor any State shall assume or pay any debt or obliga-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0132.jp2"}, "133": {"fulltext": "103\\nORIGIN AND NATURE 127\\ntion incurred in aid of insurrection or rebellion against tho\\nUnited States, or any claim for loss or emancipation of any\\nslave but all such debts, obligations, and claims shall be\\nheld illegal and void.\\nSection 5. Power of Congress\\nThe Congress shall have power to enforce, by appropriate\\nlegislation, the provisions of this article.\\n[Adopted 1868.]\\nARTICLE XV\\nRight of Suffrage\\nSection 1. Right of Negro to Vote\\nThe right of citizens of the United States to vote shall not\\nbe denied or abridged by the United States, or by any State.\\non account of race, color, or previous condition of servitudo.\\nSection 2, Power of Congress\\nThe Congress shall have power to enforce this article b$\\nappropriate legislation.\\n[Adopted ItTO/)", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0133.jp2"}, "134": {"fulltext": "SUBJECT ANALYSIS\\n1. Constitution\\nr I. Legislative Department [Art. I.]\\nI. Its Composition\\nr 1. Division into Two Houses. [Sec. l.j\\n2. House of Representatives. [Sec. 2.]\\n3. Senate. [Sec. 3.]\\nII. Legislative Regulations\\n1. Elections and Meetings. [Sec. 4.]\\n2. Powers and Duties. [Sec. 5.]\\n(Except law-making powers.)\\n3. Privileges of and Prohibitions upon Members.\\n[Sec. C]\\nIII. President s Veto Power. [Sec. 7.]\\nIY. Legislative Powers of Congress.\\n[Sec. 8.]\\nV. Prohibitions upon the United States.\\n[Sec. 9.]\\nVI. Prohibitions upon the States.*\\n[Sec. 10.]\\nII. Executive Department\u00e2\u0080\u0094 President and\\nVice-President [Art. II.]\\n1. (1) Term, (2) Election, (3) Qualifications, (4) Salary,\\n(5) Oath. [Sec. 1.]\\n2. President s Executive Powers. [Sees. 2 and 3.]\\nSubject to Impeachment. [Sec. 4.]\\nIII. Judicial Department [Art. III.]\\nf 1. (1) Courts, (2) Term of Office, (3) Salary. [Sec. l.J\\n2. Jurisdiction. [Sec. 2.]\\nTreason. [Sec. 3.]\\nbut\\nThin logically does not belong to the division The National Government,\\nto M Miscellaneous Provisions, but it is thought best to retain the order of the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0134.jp2"}, "135": {"fulltext": "SUBJECT ANALYSIS 129\\nI. Relations op States [Art. IT.]\\n1. Records of one State in another. [Sec. 1.]\\n2. Rights in one Stale of Citizens of another. [Sec. 2. J\\n3. (1) New States, (2) U. S. Territory. [Sec. 3.]\\n4. Protection of States by Nation. [Sec. 4.]\\nIT. Amendment. [Art. V.]\\nIII. (1) National Debt; (2) National Su.\\npremacy (3) Oath. [Art. A I. j\\nIV. Establishment op Constitution.\\n[Art. VII.]\\nII. Amendments\\n1. Arts. I. -VII I. Prohibitions on Congress as to Personal Rights.\\n2. Arts. IX. and X. Rights not named in Constitution.\\n3. Art. XL Judicial Jurisdiction.\\n4. Art. XII. Election of President and Vice-President.\\n5. Art. XIII. Abolition of Slavery.\\nC. Art. XIV. (1) Equal Civil Rights, (2) Apportionment of Repre-\\nsentatives, (3) Political Disabilities, (4) Public\\nDebt.\\n7. Art. XV. Right of Suffrage.\\nConstitution itself. There are some other cases where the true logical order is not.\\nfollowed in the Constitution. The provisions regarding the choosing of officers and\\nimpeachment in sections 2 and 3 of Article T. would more properly come in section\\n5, as they relate to certain powers of the Houses. That regarding revenue bills in\\nsection 7 would properly fall in the following section, as it relates to the law-making\\npowers of Congress.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0135.jp2"}, "136": {"fulltext": "130 NATIONAL GOVERNMENT\\nSECTION II.\u00e2\u0080\u0094 LEGISLATIVE DEPARTMENT\\nCHAPTER XXV\\nHOUSE OF REPRESENTATIVES\\n1. Preamble The preamble is an important part of\\nthe Constitution. The object of the Constitution was\\nto remedy the defects existing under the Confedera-\\ntion, and some of the clauses of the preamble refer to\\nthose defects (1).* We have seen that the Union then\\nwas a very imperfect one. Instead of there being\\ndomestic tranquillity, the States were continually\\nquarrelling. It was impossible to provide for the\\ncommon defence of the country against foreign ene-\\nmies, or to promote the general welfare by broad\\nmeasures, unless there were a strong central govern-\\nment. Had the Constitution not been adopted and\\nhad the States remained independent, it is not proba-\\nble that the country would have had the unexampled\\nprosperity that it has.\\n2. CongTess This is the name of the national legis-\\nlative body, and like the State legislatures it is divided\\ninto two Houses, called the Senate and House of\\nRepresentatives (2). The former represents the States,\\nand the latter the people. The members of the\\nIIouse,f called Representatives, are elected by the\\npeople of the States every second year (3). Members\\nThese numbers refer to the paragraphs of the Constitution. The\\npupil should turn back to it at each reference.\\nt The House of Representatives is frequently called simply the\\nM House when spoken of in connection with the Senate.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0136.jp2"}, "137": {"fulltext": "LEGISLATIVE DEPARTMENT 131\\nof the Congress under the Confederation were ap-\\npointed by the State legislatures, and for one year.\\n3. Electors There was much discussion and differ-\\nence of opinion in the Convention as to what should\\nbe the qualifications of the voters who should elect the\\nRepresentatives. The qualifications of electors were\\nvarious in the different States. In some of them\\nowners of property, or tax-payers, in others freehold-\\ners* only, were voters. In some, only the latter voted\\nfor the higher officers; in a few, suffrage was almost\\nuniversal. Finally, as a compromise, it was decided\\nthat the qualifications should be the same in each\\nState as those requisite for electors of its lower house,\\nas it was presumed no State would object to such a\\nrule (3).\\n4. Qualifications A Representative must be\\ntwenty-five years of age, must have been a citizen\\nseven years, and must live in the State from which lie\\nis chosen (4). The reasons for this will be readily\\nunderstood. If voters must have certain qualifica-\\ntions, surely those who make laws for them should\\nhave higher ones. (See Chap. Y.)\\n5. Number The Constitution does not limit the\\nHouse to any definite number of Representatives it\\nonly declares that the number shall not exceed one for\\nevery 30,000 inhabitants. Otherwise it might become\\ntoo large. It requires an enumeration of the inhab-\\nitants every ten years and the next Congress there-\\nafter determines the ratio of representation f and the\\nA freeholder is one owning land, either absolutely or during his\\nown or another s life.\\nf The word ratio signifies rate, or proportion. It here means the\\nnumber or portion of the inhabitants entitled to a Representative.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0137.jp2"}, "138": {"fulltext": "132 NATIONAL GOVERNMENT\\nnumbei of Representatives, and apportions them among\\nthe States (5).\\n6. Present Number The first House of Repre-\\nsentatives consisted of sixty-five members, and the\\nratio was about one to every 50,000 inhabitants.\\nSince then, as the population has increased, Congress\\nhas increased the ratio, in order that the House might\\nnot grow too large to transact business but in spite of\\nthat the House has grown, until now (1899) it consists\\nof three hundred and fifty-seven members, being about\\none for every 173,900.\\n7. Every State Represented- -But it may happen\\n(and has happened) that some States have not a popu-\\nlation equal to the ratio. In view of this the Constitu-\\ntion provides that no State shall lose its representation\\nin the House, by declaring that each State shall have\\nat least one Representative (5).\\n8. Apportionment With regard to how many Rep-\\nresentatives the different States should have, the Con-\\nvention found it difficult to agree. In the Congress\\nunder the Confederation, it will be remembered, the\\nStates were entitled to an equal number of delegates,\\nand each State had one vote. But now it was pro-\\nposed to apportion the Representatives according to\\npopulation. On this point there were two causes of\\ncontention. First The small States opposed it, be-\\ncause it gave them fewer Representatives, and there-\\nfore less power in Congress. The large States insisted\\non it, saying that they ought to have greater power\\nbecause they had greater interests. Finally the small\\nStates yielded with regard to the House of Representa-\\ntives. Second: The slaveholding (Southern) States\\nclaimed that, in reckoning the population for the pur-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0138.jp2"}, "139": {"fulltext": "LEGISLATIVE DEPARTMENT 133\\npose of apportioning Representatives, slaves should\\nbe included the non-slaveholding (Northern) States\\ninsisted that only free persons should be included, as\\nthe slaves could not vote themselves, and it was unjust\\nto give the free persons extra votes simply because\\nthey owned certain property that being what slaves\\nwere considered. The controversy on this point rose\\nso high, and the parties were for a long time so\\nunyielding, that fears were entertained of a sudden\\ndissolution of the Convention.\\n9. Result The result was a compromise. The\\nNorthern States finally consented that three-fifths of\\nthe slaves [the words all other persons in section 2\\n(5) mean slaves] should be counted, and the Southern\\nStates consented that direct taxes should be laid on\\nthe same basis; so that the Southern States would\\nhave the larger share of Representatives, but would\\npay the larger share of direct taxes, f But, as it\\nresulted, the advantage, contrary to anticipation, was\\nalmost wholly on the side of the Southern States, for\\nvery few direct taxes were laid before the late Civil\\nWar, and thus they obtained the increased represen-\\nSlavery then existed in all the States except Massachusetts but\\nas there were very few slaves in the Northern States, they are gener-\\nally spoken of as if they were at that time non-slaveholding States.\\nf To illustrate this rule by an example Suppose a State contained\\n600,000 free persons and 500,000 slaves. Adding three- fifths of the\\nnumber of slaves (300,000) to the number of free persons gives\\n900,000 as the number of the representative population and the\\nState would have been entitled to three Representatives for every\\ntwo that a State which contained 600,000 free inhabitants and no\\nslaves would have. So in apportioning taxes according to popula-\\ntion, the State in the case we have supposed would have been obliged\\nto raise three dollars for every two that it would have been obliged\\nto raise if no slaves had been counted.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0139.jp2"}, "140": {"fulltext": "134 NATIONAL GOVERNMENT\\ntation without the corresponding increase in taxa\\ntion.\\n10. Present Rule The state of things described in\\nthe last section with regard to apportionment existed\\nup to the Civil War. The 13th, 14th, and 15th Amend-\\nments changed the system. Now Representatives are\\napportioned in proportion to the total population,\\nwhether white or black (100).*\\n11. Territories By an act of Congress, every Ter-\\nritory in which a government has been established is\\nentitled to send a delegate to Congress, who has a\\nright to take part in the debates of the House, but not\\nthe right of voting there.\\nCHAPTER XXVI\\nSENATE\\n1. Reasons for Two Houses In this country and\\nin England it is thought best that the legislative body\\nshould consist of two houses. If there were only one\\nhouse it might pass some very harmful or unjust\\nlaws, either through undue haste, ignorance, popular\\nexcitement, or the undue influence of popular but mis-\\ntaken leaders. But if there were another house, it\\nwould be improbable that the very same influences\\nshould exist in both, and thus one house would correct\\nthe hasty legislation of the other. And if one house\\nAvere of a higher grade than the other, composed of\\nwiser men, it is seen that its restrictive influence\\nwould be of the greater value.\\nThe number of Indians not taxed is so small that it need not be\\nconsidered.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0140.jp2"}, "141": {"fulltext": "LEGISLATIVE DEPARTMENT 135\\n2. Character of Senate For these reasons the Con-\\nstitution has established the Senate, and lias made it a\\nbody of greater dignity than the House of Representa-\\ntives. The causes which make the Senate the more\\nselect body are four in number: (1) II lias fewer mem-\\nbers; (2) they are elected by the State legislatures\\ninstead of by the people; (3) the term of office is\\nlonger; and (4) the qualifications are higher.\\n3. State Equality In the Senate the States are\\nequal in power, each having two members (s). The\\nConvention readily agreed upon dividing Com.\\ninto two branches; hut, as has been observed, it was\\ndifficult to settle the mode of representation. The\\ndelegates from the large States insisted upon a repre-\\nsentation in proportion to population, in the Senate as\\nwell as in the House; and the small States contended\\nfor equality in both branches. The debate was long\\nand animated and it became apparent that, as in the\\ncase of slave representation in the House, there must\\nbe a compromise. This was at length effected; the\\nsmall States consenting to a proportional representa-\\ntion in the House, and the large States to an equal\\nrepresentation in the Senate.* Thus while the House\\nrepresents the people, the Senate represents the States,\\nand this is one instance in which the federation prin-\\nciple is retained. (See page 103, sec. 7.)\\n4. Voting* In the Congress under the Confedera-\\ntion the voting was by States, but the Senate differs\\nIt will be noticed that in the Convention which framed the Con-\\nstitution there were many opposing interests, and that compromises\\nwere frequently necessary, each State giving 1 up something. It was\\na spirit of patriotism which caused this, as well as the instinct of\\nself-preservation, for without compromise no permanent union could\\nhave been formed, saving the rights of all.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0141.jp2"}, "142": {"fulltext": "136 NATIONAL GOVERNMENT\\nin that respect. There the Senators vote separately,\\nthe vote of each Senator counting one, as in the\\nHouse and a question is decided by the united votes\\nof a majority of the members, and not by the vote of\\na majority of the States (8).\\n5. Term The period of six years was also the\\nresult of a compromise in the Convention (8). The\\nterms proposed varied from three to nine years, or\\neven longer. One object in making it longer than a\\nRepresentative s term was to obtain a body of men\\nwiser and more experienced than the House would\\ncontain. Where a man is to be elected for a long\\nterm, greater care will be used in selecting him. A\\nsecond object was to obtain independence of popular\\nimpulses. The Representatives were to reflect the\\nwill of the people, and so it was provided that they\\nmight be often changed: but the Senators were to\\nserve as a check upon hasty action by the people s\\nrepresentatives, and for this purpose they must feel\\nindependent of the people to a certain degree. A\\nlong term tends to give this independence. A third\\nobject was to check frequent changes in the laws.\\nThe oftener a legislature is changed the more change-\\nable and uncertain will be the laws and uncertainty\\nand change often do more injury than evil laws.\\n6. Gradual Change Senators are not all elected at\\nthe same time. One-third go out of office every two\\nyears (9). In favor of this arrangement are two im-\\nportant considerations. First It secures to the public\\nat all times the benefit of the experience of at least\\ntwo-thirds of the body. Whereas, if the terms of all\\nthe Senators expired at once, their places might be\\nsupplied mainly by new members without the requi-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0142.jp2"}, "143": {"fulltext": "LEGISLATIVE DEPARTMENT 137\\nsite knowledge and experience. Second While a long\\nterm is intended to guard against the too frequent\\nchanges in the laws, it may also prevent, for too long\\na time, the amendment or the repeal of bad Laws.\\nSuch amendment or repeal may be hastened by the\\nelection of new members in the place of the one-third\\nwho retire every two years.\\n7. Qualifications Why these are higher than in the\\ncase of Eepresentatives lias been explained (see sec. 2).\\nAn additional reason for requiring them to have beeE\\ncitizens of the United States nine years is found in the\\nfact that, with the President, they make treaties with\\nforeign nations (62). A Senator should therefore have\\nlived here long enough to have become tree from bias\\nin favor of his native country.\\nCHAPTER XXVII\\nGENERAL LEGISLATIVE REGULATIONS*\\n1. Choice of Officers It is considered important in\\nlegislative bodies that each house should have the\\nchoice of its own officers, in order that it may have\\nproper control of them. A Speaker not responsible\\nto the House of Eepresentatives (e.g., if appointed by\\nthe President) might baffle the will of the entire\\nHouse. One exception to this rule is that the Vice-\\nPresident presides in the Senate. The States follow\\nthis by having the Lieutenant-Governor preside in the\\nState Senate (7, 12).\\nMost of the provisions contained in sections 4, 5, 6, and 7 of\\nArticle I. will be easily understood, and many of them are similar to\\nprovisions in the State constitutions. We will speak only of a few\\nwhich require some explanation.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0143.jp2"}, "144": {"fulltext": "138 NATIONAL GOVERNMENT\\n2. Impeachment Impeachment and its trial have\\nbeen described before (see page 82), As in the State\\nlegislatures, so in Congress, the lower House impeaches\\nand the upper House tries. The officers subject to\\nimpeachment by the national House of Representa-\\ntives are the President, Vice-President, and all civil\\nofficers of the United States (not of any State) (65).\\nThis means all members of the civil {i.e., not military),\\nexecutive, and judicial departments of the nation.\\nThus neither members of Congress nor of the army\\nor navy can be removed in this way. In practice only\\nofficials of the highest rank are ever impeached.\\n3. Meetings of Congress Congress meets every\\nyear, in December (16). But as every second year\\nthe entire House of Representatives and one-third of\\nthe Senate are elected anew, the two sessions follow-\\ning an election are classed together and called A\\nCongress. The meeting of Congress in December,\\n1893, was the first session of the 53d Congress.\\n4. Rules Like State legislatures, each House of\\nCongress has its rules, which in most cases are strictly\\nfollowed. A bill is introduced, referred to its appro-\\npriate committee, reported by the committee, read,\\ndebated, and passed (or rejected), in substantially the\\nsame manner as in State legislatures (see page 44).\\nBut at any time either House may set aside all its\\nrules, and pass laws in any manner it sees fit, provided\\nno provision of the Constitution is violated.\\n5. Salary In the Convention there was much dis-\\ncussion as to whether it would be wise to allow salaries\\nto members of Congress. On the one hand it was\\nsaid salaries would tempt unworthy men to intrigue\\nfor an election on the other hand, the worthiest men", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0144.jp2"}, "145": {"fulltext": "LEGISLATIVE DEPARTMENT 139\\nmight be shut out through poverty if no compensation\\nwere allowed. It was decided to allow compensation.\\nThe amount is fixed by Congress itself (21).\\n6. Arrest of Members\u00e2\u0080\u0094 Members of Congress\\n(except in certain cases) cannot be arrested when\\nCongress is in session (21). This is in order that the\\npeople who elect them may not be deprived of their\\nservices.\\n7. Liberty of Speech The clause which Bays that\\na member shall not be questioned in any other\\nplace for any speech, means that lie shall not be\\nsued, either civilly or criminally, for anything he says\\nin debate (21). This is in order that members may\\nfeel the fullest freedom and independence.\\n8. Revenue Bills These are bills for raising money\\nfor the government, either by direct or indirect taxa-\\ntion. All other laws may originate in either House,\\nbut these must be passed by the House of Representa-\\ntives first (23). The reason for this is that since the\\npeople pay the taxes, it is appropriate that the Repre-\\nsentatives elected directly by them should propose all\\nsuch laws.\\n9. Veto But a bill having passed both Houses is\\nnot yet a law. It must be presented to the President,\\nwho is thus a part of the legislative department.\\nThere are three ways in which a bill, after having\\npassed both Houses, may become a law (1) it may be\\nsigned by the President (2) he may neglect to sign it\\nfor ten days and (3) he may return it to Congress\\nAvithin ten days, and each House may pass it a second\\ntime by a two-thirds vote (24, 25).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0145.jp2"}, "146": {"fulltext": "140 NATIONAL GOVERNMMNT\\nCHAPTEK XXVIII\\nPOWERS OF TAXATION\\n1. Nature of the National Government Before\\ntreating of the several legislative powers we will first\\nspeak of a certain characteristic of the General Govern-\\nment in which it differs from the States, and which must\\nbe always kept in mind when considering its law-mak-\\ning powers. The United States Government is a gov-\\nernment of delegated powers that is, powers which have\\nbeen delegated to it by the States, or the people of the\\nStates. It has only such powers as the People have\\ngiven it, in the Constitution. Hence it is called a gov-\\nernment of limited powers. The States, on the other\\nhand, existing before the General Government, and\\npossessing entire sovereignty, at least in theory, may\\nexercise all powers which they have not surrendered\\nto the General Government. In other words, their\\npowers are unlimited, except so far as they have parted\\nwith any of their original powers. Therefore, when\\nthe question arises whether the President or Congress\\nhave certain powers, we look in the Constitution, and\\nif they are not there granted, they do not exist. But\\nwhen the question arises, with regard to a State,\\nwhether its people have a certain power, we approach\\nit from the other side and say they have the power\\nunless the United States Constitution has received it.\\nMost of the legislative powers of Congress are enu-\\nmerated in Article I., section 8. The first one grants\\nthe power to tax (26).\\n2. Necessity for the Taxing Power This is one of", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0146.jp2"}, "147": {"fulltext": "LEGISLATIVE DEPARTMENT 141\\nthe most important powers of government. A gov-\\nernment without the power to raise money hardly\\ndeserves the name. Without money it would have no\\npower to enforce obedience to its laws, for it could not\\npay soldiers or civil officers, and men will not serve\\nwithout pay. We have seen how the Confederation\\ntried the experiment and failed.* This was one of its\\nerrors, corrected in the Constitution.\\n3. Maimer of Taxation Taxes f may be laid by\\nthe General Government in three ways (1) upon per-\\nsons directly, as poll or property taxes; (2) upon\\ngoods when they are imported into the country from\\nabroad; or (3) upon goods when they are manufactured\\nand used here. This clause (26) would also grant the\\npower to lay export duties that is, duties to be paid\\nSee page 98.\\nf The four words, taxes, duties, imposts, and excises, are not used\\nto mean four different things, but only to cover all the usual methods\\nof taxation. These words have not fixed meanings. Some of them\\nhave different meanings in different connections. At times some\\nhave the same meaning as others. Their most usual meanings when\\nused in connection with one another are perhaps these taxes, direct\\ntaxes laid on individuals, either as poll taxes, or taxes in proportion to\\nproperty (see Chap. XV. for distinction between direct and indirect\\ntaxes) duties, indirect taxes of all kinds, including taxes on exports,\\nimports, and excises imposts, duties on imports excises, duties\\non goods manufactured and used here. Another word, customs,\\nusually means duties on imports and exports, but in this country,\\nsince there are no export duties, it usually means the same as imposts\\nDuties are specific and ad valorem. A specific duty is a specified\\nsum of money charged upon every yard, pound, or gallon of any\\ncommodity. Thus, a duty of ten cents on a pound of tea, or of one\\ndollar on a yard of cloth, or of fifty cents on a gallon of wine, is a\\nspecific duty. Ad valorem is a Latin phrase, signifying according to\\nthe value. An ad valorem duty is a certain percentage on the value\\nor price.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0147.jp2"}, "148": {"fulltext": "142 NATIONAL GOVERNMENT\\non goods when sent from this to foreign countries\\ndid not a later provision forbid it (48).\\n4. Objects The objects for which taxes may be laid\\nare also enumerated in the same clause (26). Since it\\nis the theory of the Constitution that Congress shall\\nhave power over only those matters which affect the\\nwhole country, leaving all local matters to the States,\\nso no tax can be laid except for some purpose of inter-\\nest to all the people of the Nation. But the phrase\\ngeneral welfare is very broad.\\n5. Uniformity The Constitution is careful to pro-\\nvide that no State shall pay more than its just share of\\ntaxes. There are several provisions regulating this.\\nFirst, direct taxes must be laid in proportion to popu-\\nlation (5) second, all indirect taxes which may be laid\\n(i.e., imposts and excises) must be uniform throughout\\nthe country (26) third, no export duties can be laid\\n(48). The reasons for the last provision are that a\\ntariff of export duties which would bear equally on\\nthe States would be very difficult to make, since they\\ndo not export the same articles, some exporting cot-\\nton, others grain, and others manufactures, and that it\\nwould constitute a constant cause of irritation between\\nthe States. For instance, the Kepresentatives of the\\ncotton and grain States might combine and pass a law\\nlaying very low duties on cotton and grain and high\\nones on manufactures.\\n6. Taxes which have been laid Up to the late\\nCivil War very few direct taxes had been laid by the\\nNational Government. They were then laid for a few\\nyears, but now (1894) there are none. Some excise\\nduties have been and are now laid, chi efly on liquors\\nA tariff means a list of duties laid.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0148.jp2"}, "149": {"fulltext": "LEGISLATIVE DEPARTMENT 143\\nand tobacco, articles that are not necessary to the\\npeople, but are luxuries. During the Civil War the\\nexcise duties collected were about equal to the cus-\\ntoms. But from the beginning very many duties on\\nimports have been laid, and it is from this source that\\nmost of the revenue has been raised.\\n7. Power to Borrow Money This is given to Con-\\ngress for the reasons already described, which justify\\nState debts (page 74, sec. 7) (27). This power was\\nexercised during the war until the national debt\\nnearly reached the sum of $3,000,000,000. Without\\nthis power the government would have been almost\\nhelpless, for its regular income would have been\\nwholly inadequate.\\nCHAPTER XXIX\\nPOWER TO REGULATE COMMERCE (28)\\n1. Why given to Congress This was for two rea-\\nsons (1) because it was a matter of general and univer-\\nsal interest, and (2) because of the benefits that would\\nflow from uniformity. The need of no power was more\\ndeeply felt under the Confederation than the power to\\nregulate foreign trade. AVe thus see that the power to\\nlay duties comes from two clauses. One (26) gives\\nCongress the power, but only for purposes of revenue.\\nIf none should be needed for that purpose, or if the\\nduties laid for revenue were not sufficient to regulate\\ncommerce, they might be laid under the other clause\\n(28) to any amount.\\n2. Nature of Regulation This regulation is of two\\nkinds (1) the laying of duties on goods imported from", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0149.jp2"}, "150": {"fulltext": "144 NATIONAL GOVERNMENT\\nabroad, for the purpose of protecting the commercial\\ninterests of this country and (2) making regulations\\nwhich shall tend to render navigation less dangerous.\\nThe manner and object of regulating commerce by\\nmeans of import duties will be seen if we consider\\nthe trade of England and America as it was after the\\nRevolution.\\n3. Retaliatory Duties England pursued the policy,\\nfor her own benefit, of laying heavy duties on mer-\\nchandise imported there from this country. That\\ninjured us, and so, in order to compel her to abandon\\nthe policy, we wished to lay duties on articles sent here\\nby the English merchants.* Under the Confederation\\nthis was attempted, but as each State could lay what\\nduties it chose, there was no uniformity, and each\\nwould try to secure the trade by laying lower duties\\nthan the rest. So the Constitution gave Congress\\nexclusive authority over the whole subject, and retali-\\natory duties were laid.\\n4. Protection Another way in which it was\\nThe effect of these duties may not be quite clear Suppose the\\nmarket value of a bushel of wheat in Great Britain to be $1, and the\\ncost of raising the article here and carrying it there to be (together)\\n$1. We can then raise it here and sell it there along with the Eng-\\nlish producer. If now a duty of 40 cents a bushel is laid upon wheat\\nfrom abroad, we cannot sell it for less than $1.40, and the English\\nconsumer, instead of buying it with this duty added, will buy of the\\nEnglish producer. But, the people of this country being then chiefly\\nagricultural, more wheat was produced here than there was a market\\nfor, and the American farmer was dependent on the foreign markets.\\nBeing shut out of the English market, the value of our products fell,\\nand we suffered loss. It was thought then that if we retaliated and\\nlaid duties on manufactured articles (of which England sent us a\\ngreat number), and so shut them out, she would be influenced to\\nabandon her duties.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0150.jp2"}, "151": {"fulltext": "LEGISLATIVE DEPARTMENT U5\\nthought duties on imports would protect the commer-\\ncial interests of the country was in encouraging and\\nprotecting the manufacturing interests.* This theory\\nis called protection, and is the policy which the country\\nhas followed. High protective duties have been laid\\nalmost from the beginning, on articles manufactured\\nfrom cotton, wool, and iron.\\n5. Free Trade But it is believed by many that\\nprotection is a mistaken policy, at least in this country\\nat present, and that while it encourages manufactures\\nit injures some other interests. The opposing policy is\\ncalled free trade. Its supporters urge that if the yard\\nof cloth can be brought here and sold for less than it\\ncan be made here, the people who pay for it lose by\\nshutting it out, and the few manufacturers are the only\\nones who gain.f The British Government now acts\\non the policy of free trade.\\n6. Collection of Duties Certain places on the\\ncoast are designated by the laws of Congress, called\\nSuppose foreign cloth of a certain quality is sold in this country\\nfor $2.50 a yard, and cloth of the same quality manufactured here\\ncannot be made for less than $3 a yard. There would now be no\\nencouragement to any one to engage in the manufacture of such\\ncloth, because, in order to sell it, he must reduce the price to that of\\nthe foreign article, which would subjeci him to a loss of 50 cents a\\nyard. Let now a duty of $1 a yard be laid upon the foreign cloth,\\nand the price would be $3.50, and preference would be given to the\\ndomestic article, unless the importer should reduce the price of his\\nforeign cloth to $3 in which case, it is to be presumed, about an\\nequal quantity of each would be consumed, and the duty of $1 a\\nyard on the foreign cloth would go into the United States Treasury.\\nf The question of free trade or protection belongs to the science of\\nPolitical Economy and it is therefore necessary in a work of this\\ncharacter only to refer to the matter and not attempt to give, the\\narguments used in support of either policy.\\n10", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0151.jp2"}, "152": {"fulltext": "146 NATIONAL GOVERNMENT\\nports of entry, and a vessel must first come to one of\\nthese, where the master delivers a statement of the\\ncargo to an officer, appointed by the President, called\\na collector of customs. The cargo is then examined,\\nand the duties calculated and paid to the collector. If\\nnot paid the collector seizes the goods, which are for-\\nfeited to the government.\\n7. Registry Another regulation of commerce is\\nthat by which a vessel built and owned in this country\\nmay be registered on the collector s books as an Amer-\\nican vessel. As such it has certain privileges which\\nforeign vessels do not have. A foreign vessel is not\\nallowed to engage in the coast trade here. An Amer-\\nican vessel, registered, is in all places entitled to the\\nfull protection of our government, and if it is taken\\nor injured by foreigners in foreign waters, the United\\nStates Government must demand reparation from the\\ngovernment to which they belong.\\n8. Clearance and Entry Every time a vessel (for-\\neign or domestic) leaves a port, what is called a clear-\\nance must be obtained. This is a certificate by the\\ncollector that all the fees upon the vessel have been\\npaid, and the law been complied with in all respects.\\nSo when a vessel arrives at a port, the master must\\nreport its arrival to the collector of the port, deliver\\nup a statement of its cargo and the clearance he re-\\nceived at the port from which he came. This is called\\nentering the vessel.*\\n9. Navigation Laws Coming now to the second\\nclass of regulations of commerce, Congress has passed\\nmany laws to render navigation less dangerous. The\\n*In the coasting trade between ports of the United States, clear-\\nance and entrv are not required, in general.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0152.jp2"}, "153": {"fulltext": "LEGISLATIVE DEPARTMENT 147\\nfollowing are some of the subjects: providing for\\nlight-houses, buoys, signal stations, and life-saving sta-\\ntions along the coast; improving harbors; requiring\\nvessels to take licensed pilots when near the coast;\\nprescribing how many passengers and what provisions\\nshall be carried; quarantine; 1 and many similar ones.\\nlO. Commerce with Indians In granting to Con-\\ngress the power to regulate commerce f with the\\nIndian tribes, it was intended to lessen the dangers\\nof war. Murders and Avar had been provoked by the\\nimproper conduct of some of the States. It was be-\\nlieved that by a uniform policy difficulties would be\\nmore likely to be prevented. This was more impor-\\ntant then than now, when the number of Indians has\\nbecome so insignificant.\\nCHAPTER XXX\\nOTnER POWERS RELATING TO TEACE\\n1. Citizens and Aliens The general distinction\\nbetween them is this: citizens are those born in this\\ncountry X aliens are those born in a foreign country,\\nwhether living here or in the foreign country. Both\\nThis means a period of time for which vessels are detained before\\nentering a port, so that they may be examined to see if there is any\\nmalignant disease onboard. Quarantines are required by the health\\nlaws of the States and by the laws of Congress vessels are to be\\nsubject to the health laws of the State at whose ports they arrive.\\nf Commerce, in a broad sense, as used in this clause of the Consti-\\ntution, means not only trade by sea and land, but all intercourse.\\nPrior to the Civil War white people alone were citizens in the\\nSouthern States, but now under the 14th Amendment white and\\nblack stand on the same basis (99).\\nChildren take the citizenship of their parents.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0153.jp2"}, "154": {"fulltext": "148 NATIONAL GOVERNMENT\\ninclude men, women, and children. But after living\\nhere a certain time an alien may become a citizen.\\nAliens have not all the rights of citizens. They usually\\ncannot vote (see page 27). In many States they have\\nnot full power to own real estate. In general, they\\nare considered subjects of the nation from which they\\ncome, and not of this.\\n2. Naturalization But to deny foreigners the\\nrights of citizens after they shall have acquired a fixed\\nresidence here, and a knowledge of their civil and politi-\\ncal duties, would be illiberal and unjust. The process\\nby which an alien may become a citizen is called nat-\\nuralization. Congress has the power to make a uni-\\nform rule (29). The reason for this is that if it were\\nleft to the States, a person having become naturalized\\nin one State might, on removing into another, be de-\\nprived of the rights of citizenship until he should have\\nbeen naturalized by the laws of such State. Besides,\\nby the Constitution a citizen of any State is entitled\\nto the privileges of a citizen in any other State (73).\\nNow, after a person is once naturalized, he is a citizen\\nof the United States and also of the State in which he\\nresides at the time (99). By removing to another he\\nbecomes a citizen of that.\\n3. When Allowed The laws of Congress prescribe\\nthat an alien may be naturalized after living in this\\ncountry five years. The first step is to declare on\\nNaturalization and the right to vote are two separate matters,\\nwhich must not be confused. Not all of those who are naturalized\\nare given the right to vote (e.g., women and children). Although\\nmost States do give foreigners the right to vote, when naturalized,\\nBtill they need not and some States even allow some aliens to vote.\\nTLe State regulates voting, the United States naturalization.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0154.jp2"}, "155": {"fulltext": "LEGISLATIVE DEPARTMENT 149\\noath before a court that it is his intention to become a\\ncitizen. This declaration he may make as soon as he\\narrives, or at any time. After the declaration he must\\nwait two years. After that, the court, if satisfied that\\nhe has resided five years in the United States, ana one\\nyear in the State in which the court is held, may admit\\nhim as a citizen. He then, before the court, renounces\\nhis allegiance to his old country, and swears to support\\nthe Constitution of the United States. But no alien\\ncan be compelled to become a citizen against Ins will.\\n4. Bankrupt Laws A bankrupt is an insolvent\\ndebtor; that is, a person who is unable to pay all his\\njust debts. A bankrupt law is a law which, upon an\\ninsolvent s giving up all his property to his creditors,\\ndischarges him from the payment of his debts. Such\\nlaws are designed for the benefit of honest and unfor-\\ntunate debtors, who, by having the enjoyment of their\\nfuture earnings secured to them, are encouraged to\\nengage anew in industrial pursuits. The reason the\\npower was given to Congress to pass such laws (29)\\nwas that if it were left to the States the object could\\nnot be accomplished. No State law could release a\\ndebtor from debts to a creditor living out of the State,\\nnor from debts contracted in another State. The dis-\\nsimilar and conflicting laws of the different States, and\\nthe entire want of them in others, had caused great\\ninconvenience. The most recent national bankrupt\\nlaw was passed in 1898.*\\nFour such laws have been passed by Congress. Two of them\\nexisted but a year or two. The third was passed in 1807 and lasted\\nuntil 1878. The reason for this short duration was the general senti-\\nment that it allowed many dishonest debtors to procure a release from\\ntheir debts.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0155.jp2"}, "156": {"fulltext": "150 NATIONAL GOVERNMENT\\n5. Coinage The coinage of the money is in every\\ncountry a prerogative of the government. Congress\\nhas several powers with regard to coinage (30). ISTo\\nState can coin money (51). The object here, also, was\\nto make uniformity throughout the country. Exercis-\\ning these powers Congress has passed laws by which\\nwe have a uniform currency throughout the Nation,\\nand the convenient decimal system of dollars and\\ncents, instead of the awkward system of pounds, shil-\\nlings, and pence which existed before the Constitu-\\ntion. The value of coin has been regulated in different\\nways such as, by deciding how much metal (gold or\\nsilver) shall be put in a given coin, or what domestic\\ncoins foreign coins shall be equal to. The place where\\nmoney is coined is called a mint. There are several\\nin the country, the principal one being at Philadelphia.\\n6. Weights and Measures For the convenience of\\ntrade between the States, the weights and measures,\\nlike the coinage, should be the same in all the States.\\nWithout such uniformity commerce among the States\\nwould meet with very great embarrassment. Yet Con-\\ngress has never exercised the power given it on this\\nsubject (30). The States still have the power to adopt\\ntheir own standard. f\\nIt must be remembered that coin is not the only money in the\\ncountry. We have now in use United States notes, national-bank\\nnotes, gold and silver certificates, etc. Only coin and the United\\nStates notes are legal tender i.e., if a man wishes to pay a debt he\\nmust pay with one of those two, if the creditor insists upon it.\\nf The weights and measures used throughout the States are, how-\\never, substantially the same. In 1836 the United States Govern-\\nment sent to each State a full set of weights and measures, as used\\nin the Custom House, and these hav- been adopted by the States as\\ntheir standards.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0156.jp2"}, "157": {"fulltext": "LEGISLATIVE DEPARTMENT 151\\n7. Post-Office The power of Congress over the\\nmail is one of the most important it has (32).* In\\nevery nation the government assumes charge of the\\nPost-office. It is impossible to conceive all the diffi-\\nculties which might attend the exercise of this power\\nhad it been left to the different States. A uniform\\nsystem of regulations is indispensable to efficiency,\\nand could be secured only by placing this power in\\nthe hands of Congress.\\n8. Protection of Authors and Inventors This\\nCongress has power to effect by granting copyrights\\nand patents (38). Science and useful arts are pro-\\nmoted by new books and new inventions. But if every\\nman had the right to print and sell every book or\\nwriting, without compensation to the author, there\\nwould belittle to encourage men of ability to spend,\\nas is often done, years of labor in preparing new and\\nuseful works. Nor would men of genius be likely to\\nspend their time and money in inventing and con-\\nstructing expensive machinery, if others had an equal\\nright to make and sell the same. This power is given\\nto Congress for the reason that if the States alone\\nexercised it, no State could punish infringers beyond\\nits own limits. In pursuance of the power here given,\\nCongress has enacted the copyright and patent laws.\\n9. Copyright A copyright is the sole right to print\\nand sell a book, map, etc. It is obtained by the\\nauthor by following a few simple requirements, the\\nchief one of which is the mailing of two copies as\\nsoon as it is published to the Librarian of Congress.\\nA post-road is a road over which the mail is carried. All rail-\\nroads are by law made post-roads, and there are very many others\\nbesides.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0157.jp2"}, "158": {"fulltext": "152 NATIONAL Q0VERN3IENT\\nThis secures to the author the sole right to print\\nand sell his work anywhere in the United States for\\ntwenty-eight years, at the expiration of which time\\nhe may have his right continued for fourteen years\\nlonger.\\n10. Patents A patent is the sole right to make,\\nuse, or sell a new invention. It is obtained by the\\ninventor from the government, but there is much\\nmore to be done than in the case of a copyright.\\nThe Commissioner of Patents superintends the grant-\\ning of patents. The Patent Office is a part of the\\nDepartment of the Interior (see page 178). To secure\\nhis patent the inventor must send to the Commissioner\\nof Patents a written description of his invention, with\\ndrawings and model, and specify the improvement\\nwhich he claims as his own discovery. If the exam-\\niners do not find that the invention had been before\\ndiscovered, a patent is issued therefor, on the payment\\nof certain fees. This secures to the inventor the sole\\nright to make, sell, or use his invention anywhere in\\nthe United States for seventeen years.*\\n11. Courts Under the power to establish inferior\\ncourts (34) Congress has established a system of courts\\nwhich will be described later (see page 180).\\n12. Piracy Congress (and not the States) has power\\nto define and punish crimes committed on the high\\nseas (35). Piracy is commonly defined to be forcible\\nIn the case of both copyrights and patents, the granting of\\nthem is not proof that the book or invention is new. If any one is\\nsued for infringement {i.e., printing the book or using the invention\\nwithout permission from the one holding the copyright or patent) he\\nmay claim that the book or the invention is not new, and if he\\nproves it the court adjudges the copyright or patent to be void.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0158.jp2"}, "159": {"fulltext": "LEGISLATIVE DEPARTMENT 153\\nrobbery or depredation upon the high seas. But the\\nterm felony was not exactly defined by law. eonse-\\nquently its meaning was not the same in all the States.\\nIt was sometimes applied to capital offences only at\\nother times, to all crimes above misdemeanors. The\\npower to define these offences is given to Congress for\\nthe sake of uniformity, and the power to punish\\nthem, because the States have no jurisdiction beyond\\ntheir own limits.\\n13. Offences against the Law of Nations Xor\\nwere these clearly defined. The power to define and\\npunish them is given to Congress (36), because our\\ncitizens are regarded by foreign nations as citizens of\\nthe United States and not as citizens of their respec-\\ntive States; and therefore the General Government\\nalone is responsible to foreign nations for injuries\\ncommitted on the high sens by our citizens.\\n14. District of Columbia In 1790 this became the\\nseat of government. Over it, and over all the forts,\\narsenals, etc., belonging to the United States, Congress\\nhas exclusive authority f (42). This authority is\\nnecessary for the protection of the government. If\\nthe seat of government were within the jurisdiction\\nof a State, Congress and other public officers would\\nbe dependent on the State authority for protection in\\nthe discharge of their duties, and the State might\\nrefuse them protection.\\nGenerally used to denote an offense of a high grade, punishable\\neither capitally, or by a term of imprisonment.\\nf So also with regard to all territory not included within any\\nState (see page 190).\\nX This actually happened to the Continental Congress. It was\\nonce, near the close of the Revolution, treated with insult and abuse\\nwhile sitting at Philadelphia and the executive authority of Penn-\\nsylvania having failed to afford protection, it adjourned to Prince-\\nton, in the State of New Jersey.", "height": "3334", "width": "1997", "jp2-path": "governmentc00youn_0159.jp2"}, "160": {"fulltext": "154 NATIONAL GOVERNMENT\\n15. Implied Powers It is a general rule that\\nwhere one is granted the power to do a thing, it\\nimplies that he shall have power to use all the neces-\\nsary means to accomplish it. The last clause of sec-\\ntion 8 (43) then was unnecessary, for the granting of\\nthe foregoing powers granted also the power to\\nmake laws necessary and proper for carrying them\\ninto execution. The reason the clause was added\\nwas to satisfy all possible doubt. Under this right of\\nimplied powers Congress has passed laws which it has\\nbeen difficult to refer to their proper clauses in the\\nConstitution, and which have occasioned much discus-\\nsion; such as laws establishing the national banks,\\nincorporating railroads, purchasing foreign territory\\n(such as Louisiana and Florida), and making the\\nUnited States notes legal tender. In very many cases\\nthe laws passed under implied powers are wider in\\ntheir scope and more important than those expressly\\nauthorized.\\n16. Other Powers In other parts of the Constitu-\\ntion other legislative powers are given to Congress.\\nThey will be noticed in their order.\\nFor example The power to regulate commerce includes\\nthe power to cause the construction of breakwaters and light-\\nhouses, the removal of obstructions from navigable rivers, and the\\nimprovement of harbors for in regulating and facilitating com-\\nmerce these works and improvements are necessary. So the power\\nto establish post-offices implies the power to punish persons for\\nrobbing the maiL", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0160.jp2"}, "161": {"fulltext": "LEGISLATIVE DEPARTMENT 155\\nCHAPTER XXXI\\nPOWERS RELATING TO WAB\\n1. Declaring War Congress alone has tin s right\\n(36). It is very evident that a single? State ought not\\nto be allowed to make Avar. The power to declare it\\nis justly given to the National Government, because\\nthe people of all the States become involved in its\\nevils. In monarchical governments this important\\npower is exercised by the king, or supreme ruler. But\\nhere it is entrusted, not to the President, but to the\\nrepresentatives of the people, because the people are\\nthey who have to bear the burdens of war.\\n2. Letters of Marque and Reprisal These are\\ncommissions issued by a government to private persons\\nauthorizing them to seize the property of a foreign\\nnation or its subjects, as a reparation for some injury.*\\nCongress has exclusive power to grant them (36, 51).\\nA State should not be permitted to authorize its citi-\\nzens to make reprisals; for, although such authority,\\nwhen granted in time of peace, is designed to enable\\nthe citizens of one country to obtain redress for inju-\\nries committed by those of another, without a resort\\n\u00e2\u0099\u00a6They are sometimes oalled simply letters of marque, and are\\noften issued in time of war, and sometimes in time of peace. When\\nissued, it is generally to the owners or master of some armed vessel,\\nwhich then goes out and captures the vessels and property of the\\nforeign nation on the ocean. Such a vessel is called a privateer\\n(see page 281).\\nThis method of obtaining reparation seems more like retaliation.\\nBut many things are allowed in war which are not justifiable at other\\ntimes. Privateering is not as extensively practised as formerly.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0161.jp2"}, "162": {"fulltext": "156 NATIONAL GOVERNMENT\\nto war, the tendency of reprisals is to provoke rather\\nthan to prevent war and when granted in time of\\nwar it is merely one means of carrying on the war.\\nIn both cases the National Government alone should\\nhave the power to grant the commissions, as it alone\\nhas the power to declare war, because the whole coun-\\ntry may become involved. The entire subject of war\\nis taken away from the States and given to the\\nNation.\\n3. Captures As a part of its power over war, Con-\\ngress has power to make rules concerning the property\\ncaptured in time of war. The general practice is to\\ndistribute the proceeds of the property among the cap-\\ntors as a reward for bravery and a stimulus to exer-\\ntion. The property captured is called prize. But\\nproof must be made in a court of the United States\\nthat the property was taken from the enemy, before it\\nis condemned by the court as a prize.\\n4. Army and Navy So also Congress has power to\\nraise, maintain, and make rules for the government of\\nan army and navy (37-40).* Under the Confedera-\\ntion the Congress could declare war, but could not\\nraise or pay a single soldier (see page 98). A govern-\\nment must have an army, or at least the power to raise\\none. Without one it is virtually powerless, for not\\nonly must a nation be ready to fight foreign foes, but\\nalso occasions will arise when its supremacy can be\\nThe policy of the country nas been to maintain a very small\\narmy and navy, and undoubtedly much of our prosperity, as com-\\npared with other nations, is due to this. In European nations not\\nonly do the people have to bear the burden of an immense standing\\narmy, but in many of them several years of the best part of every\\nman s life must be spent in service.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0162.jp2"}, "163": {"fulltext": "LEGISLATIVE DEPARTMENT 157\\nmaintained against insurrections or rebellions among\\nits own subjects in no other way. So also maritime\\nnations must have a navy to protect their commerce.\\nIn ordinary times the United States army and navy\\nare filled by voluntary enlistments, but when these do\\nnot furnish enough men Congress provides for a con-\\nscription, called during our late war a draft. By this\\nthe number needed are chosen by lot from among the\\ncitizens, and they are compelled to go, or furnish sub-\\nstitutes. In order that Congress shall not lose control\\nof the army when raised, it is provided that no appro-\\npriation shall be made for a longer period than two\\nyears. It may, however, make as many successive\\nappropriations as it sees fit, and they are now made\\nevery year for such year.\\n5. Militia Congress also can provide for calling\\nout the militia (40). It has so provided by delegating\\nthe power to the President, to be so exercised when he\\nthinks the necessity provided for by the Constitution\\nhas arisen.*\\nThough the President is Commander-in-Chief of the army, navy,\\nand militia, Congress still has practical control of all, for before\\nthey can be paid Congress must raise the money and appropriate it\\n(49). In ordinary times this is done every year.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0163.jp2"}, "164": {"fulltext": "158\\nNATIONAL GOVERNMENT\\nEXPRESS POWERS OF CONGRESS\\n[Under Art. I. sec. 8.]\\nI. ORDINARY PEACE POWERS\\nI. Raising Money;\\n1. By Levying,\\n1. Direct Taxes,\\n2. Imposts, or\\n3. Excises\\n1. Payment of Debts,\\nZ g o 2. Common Defence, or\\ng, (3. General Welfare.\\n2. By Borrowing.\\nII. Commerce, Regulation of;\\n1. Foreign,\\n2. Among States, and\\n3. With Indians.\\nIII. Naturalization.\\nTV. Bankruptcy.\\nY. Coinage;\\nf 1. Coining Money,\\n2. Regulation of Value, of\\nj 1. Domestic Coin, and\\n2. Foreign Coin.\\nYI. Weights and Measures, Regulation of.\\nYII. Post-Office Establishment of\\nj 1. Post-Offices, and\\n2. Post-Roads.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0164.jp2"}, "165": {"fulltext": "LEO IS LA Tl YE BE PA R TMENT\\n159\\n1. Define, and\\n2. Punish.\\n.to punish.\\nVIII. Science and Useful Arts, Encourage,\\nment of, by granting\\nj 1. Copyrights, and\\nI 2. Patents.\\nIX. Inferior Courts, Establishment of.\\nX. Crimes-,\\n1. Piracies,\\n2. Felonies on High Seas, to\\n3. International Offences,\\n4. Counterfeiting\\nj 1. U. S. Securities, and\\nI 2. U. S. Coin.\\nXL Territory; Exclusive Legislation\\nover\\nj 1. District of Columbia, and\\n2. Forts, etc.\\nII. POWERS RELATING TO WAR\\nfl. Declaration of War.\\nII. Letters of Marque, Granting of.\\nIII. Captures, Rules concerning.\\nIV. Forces;\\n1. Army,\\n2. Navy, j\\n3. Militia, to Provide for\\n1. Raise.\\n2. Maintain, and\\n3. Make Rules for.\\n1. Calling out, to\\n1. Execute Laws,\\n\u00e2\u0080\u00a2j 2. Suppress Insurrections, or\\n3. Repel Invasions.\\n2. Organizing,\\n8. Arming, at all times.\\n4. Disciplining, and\\n5. Governing, when in U. S. service.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0165.jp2"}, "166": {"fulltext": "160 NATIONAL GOVERNMENT\\nCHAPTER XXXII\\nPROHIBITIONS ON THE UNITED STATES\\n1. Where Found Section 9 of Article I. names\\ncertain subjects which Congress is forbidden to legis-\\nlate upon.* Most of these form exceptions to the\\npowers granted in the preceding section.\\n2. Slave-Trade From an early period slaves had\\nbeen imported into the Colonies from Africa. At the\\ntime when the Constitution was formed, laws prohibit-\\ning the foreign slave-trade had been passed in most of\\nthe States, but the delegates from a few States in the\\nConvention insisted on having the privilege of import-\\ning slaves secured. A majority of the Convention\\nwere in favor of leaving Congress free to prohibit the\\ntrade at any time. But as it was doubtful whether\\ncertain States would in such case accede to the Consti-\\ntution, and as it was desirable to bring as many States\\nas possible into the Union, it was at length agreed\\nthat the trade should be left free for twenty years to\\nall the States choosing to continue it (44, 79). Once\\nmore, a compromise^\\n3. Habeas Corpus The nature of this writ hai\\nIt must be remembered that sec. 9 of Art. I. does not apply to\\nthe States, but only to Congress. The prohibitions upon the States\\nare found in sec. 10. For instance, a State legislature is not pro-\\nhibited by the United States Constitution from suspending the writ\\nof habeas corpus, as far as State offences are concerned. For this\\nreason provisions similar to those in sec. 9 are generally found in\\nState constitutions, as to habeas corpus, appropriations, statements,\\netc.\\nf Congress did, however, in 1808 wholly prohibit the slave-trade.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0166.jp2"}, "167": {"fulltext": "LEGISLATIVE DEPARTMENT 101\\nbeen heretofore explained (see page 88). The presence\\nof this clause (45) here shows how important the writ\\nwas considered. In England its operation had at\\ntimes been suspended for slight and insufficient rea-\\nsons- The clause applies only to United States judges.\\nThey can grant the writ only in cases of violation of\\nUnited States laws (sec page 182).\\n4. Bill of Attainder Attainder in this phrase\\nmeans that forfeiture of property and loss of all civil\\nrights (among them, the right to inherit property or\\ntransmit it to heirs) which a person formerly suffered\\nwho had been condemned to death for treason or other\\ncrime. A hill of attainder is an act a law) of a\\nlegislature inflicting this punishment upon sonic par-\\nticular person and condemning him to death, without\\na regular trial in court. Such laws are inconsistent\\nwith the principles of republican government, and\\nare therefore properly prohibited to Congress (46*\\n71).\\n5. Ex post facto Law This is a law that makes\\npunishable as a crime an act which was not criminal\\nwhen done, or that increases the punishment of a\\ncrime after it has been committed.* Such laws are\\nunjust, and therefore wholly forbidden to Congress\\n(46).\\n6. Direct Tax What a direct tax or capitation tax\\nis, has been already described (see Chap. XT., sees. 1\\nand 11). A prior clause has given the rule of appor-\\ntionment of direct taxes (5). For greater security it\\nwas provided that no direct tax should be laid except\\nIf, for example, one should commit murder while the penalty\\nwas imprisonment for life, and the legislature should then pass a\\nlaw, and apply it to his case, making the penalty death.\\n11", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0167.jp2"}, "168": {"fulltext": "162 NATIONAL GOVERNMENT\\nin that way, counting three-fifths of the slaves (47).\\nBut now if direct taxes were laid they would be in\\nproportion to true population.\\n7. Export Duties These are entirely forbidden to\\nCongress (48). The reasons have been given before\\n(see page 142, sec. 5). This clause forms an exception\\nto the one in sec. 8 (26) which gives the right to lay\\nduties.\\n8. Equality in Trade It w r as the aim of the Con-\\nstitution to secure to each State freedom and equality\\nin trade. For this reason any preference of the ports\\nof one State over those of another is forbidden (48).*\\n9. Appropriations An approp? iation is a law pro-\\nviding that a certain sum of money in the treasury\\nshall be paid out for a certain purpose. The Consti-\\ntution provides that no money shall be drawn out\\nexcept when so appropriated by Congress (49). This\\nplaces the public money beyond the reach or control\\nof the Executive or any other officer, and secures it in\\nthe hands of the representatives of the people. Even\\nthe President cannot draw his salary unless Congress\\nmakes the appropriation. In pursuance of this provi-\\nThe last part of that clause, referring to entry, etc., may not be\\neasily understood. It does not mean that vessels going from one\\nState to another shall not be obliged to enter, clear or pay duties (as\\nit might be literally construed). There are laws of Congress enforc-\\ning these things in certain cases. It means only that when a vessel\\nis bound from a certain State it shall be obliged to clear only in that\\nState, and when bound to a certain State it shall be obliged to enter\\nor pay duties only in that State. The purpose was to prevent ves\\nBela from being compelled to enter, clear or pay duties at ports from\\nwhich they did not come or io which they were not bound. This\\nvery hardship had been imposed upon American commerce before\\nthe Revolution by England, who compelled American vessels sailing\\nto a foreign port to first go to England.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0168.jp2"}, "169": {"fulltext": "LEGISLATIVE DEPARTMENT 163\\nsion, Congress, at every session, passes laws specifying\\nthe objects for which money is to be appropriated.\\n10. Statements The clause requiring statements\\nof the receipts and expenditures to be published makes\\nCongress responsible to the people. Such statements\\nare published annually, and short abstracts are pub-\\nlished monthly (49).\\n11. Titles of Nobility* Congress is entirely pro-\\nhibited from granting these (50). They would tend\\nto introduce the distinctions of rank here that exist in\\nmany other countries, which the Constitution desires\\nto prevent. As the Declaration of Independence says,\\nall men are created equal.\\n12. Relations of Officers with Foreign Sovereigns\\nOfficers of the United States Government are for-\\nbidden to receive any present, office, or title from any\\nforeign state, unless with the consent of Congress (50).\\nThis is to guard them against foreign influence.\\nCHAPTER XXXIII\\nPROHIBITIONS ON THE STATES\\n1. Treaties Section 10 of Article I. enumerates cer-\\ntain things which each State is forbidden to do. The\\nfirst one is, to make any treaty, alliance, or confedera-\\nationf (51). Another clause forbids a State to make\\nany kind of agreement with another State or with a\\nforeign power without the consent of Congress (52).\\nSee page 20, sec. 6.\\nf For the meaning of treaty see page 172. An alliance is a union\\nfor some common object. A confederation is a broader word, signi-\\nfying a closer union.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0169.jp2"}, "170": {"fulltext": "164 NATIONAL GOVERNMENT\\nIf the States, separately, were allowed to make trea-\\nties or form alliances with foreign powers, the rights\\nand interests of one State might be injured by the\\ntreaties made by another. As the States united con-\\nstitute but one Nation, it is obvious that the power to\\ntreat with other nations properly belongs to the Gen-\\neral Government.\\n2. Letters of Marque The States are forbidden to\\nissue these, as by doing so one State might, for local\\nreasons, direct the enmity of a foreign nation against\\nthe whole Nation, and perhaps involve the whole\\ncountry in war.\\n3. Coinage This is forbidden to each State. One\\nobject in giving this power to Congress was that the\\ncoinage might be uniform (see page 1 50), but if each\\nState had the power also, this object might not be\\nattained.\\n4. Bills of Credit The States are forbidden to\\nemit them. Bills of credit are promises to pay cer-\\ntain amounts of money, issued for the purpose of be-\\ning used as money. The purpose of the clause was to\\nprevent the future occurrence of the evils they had\\nalready caused.* The United States Treasury notes\\nare bills of credit. Bank bills issued by State or\\nnational banks are not within the prohibition.\\n5. Legal Tender The States are forbidden to\\nmake anything but gold and silver coin a tender in\\npayment of debts. Tender, or, as it is usually called,\\nlegal tender, means that with which a debt may be\\nBills of credit, to a vast amount, were issued by the States dur-\\ning 1 lie Revolution, and for some time thereafter. This paper\\nmoney, having no funds set apart to redeem it, became almost worth-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0170.jp2"}, "171": {"fulltext": "LEGISLATIVE DEPARTMENT 165\\npaid, by law.* Some of the States had declared their\\nirredeemable paper money a lawful tender. But paper\\nmoney and property of all kinds are continually liable\\nto fluctuation in value, and might subject those who\\nshould be compelled to receive it to great inconven-\\nience and loss. Gold and silver are considered more\\nstable in their value.\\n6. Bill of Attainder This is forbidden to the\\nState legislatures for the same reason that it is forbid-\\nden to Congress (see page 161, sec. 4).\\n7. Ex post facto Law The States are forbidden to\\npass such laws, as they are unjust (see page L61,se\\n8. Law Impairing the Obligation of Contracts\u00e2\u0080\u0094\\nThe passage of such a law by any State Legislature is\\nforbidden. Laws that would release men from their\\nobligations would be contrary to the principles of jus-\\ntice, and destroy all security for the rights of property.*)\\n9. Titles of Nobility The granting of these by\\nany State is forbidden, for the same reasons as in the\\ncase of Congress (see page 163, sec. 11).\\n10. Duties States are forbidden to lay duties on\\nNot all money is legal tender. The legal tender in this country\\nnow is gold, silver, and U. S. notes (see page 150). The creditor\\nmay take what he chooses in payment of the debt, but he cannot be\\ncompelled to take anything but legal tender.\\nf As bankrupt laws release debtors from the payment of their\\ndebts, and consequently impair the obligation of contracts, the ques-\\ntion has arisen whether the States have power to pass them. From\\ndecisions of the Supreme Court of the United States, which is the\\nhighest judicial authority, it appears that a State may not pass a\\nbankrupt law discharging a debtor from the obligation of a contract\\nmade before such law was passed. But it was not to be considered a\\nlaw impairing the obligation of a contract, if it existed before the\\ncontract was made because the parties, who are presumed to know\\nthat such law exists, may guard themselves against los", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0171.jp2"}, "172": {"fulltext": "166 NATIONAL GOVERNMENT\\nimports or exports (52). The reason that import\\nduties are not allowed is that they may be uniform\\nthroughout the country. This has been explained\\nbefore (page 142). Export duties are generally con-\\nsidered impolitic, as tending to discourage the indus-\\ntries of a country.\\n11. Inspection Duties The exception allowing a\\nState to lay duties necessary to execute its inspection\\nlaws was deemed proper. Laws are passed by the\\nStates for the inspection or examination of flour and\\nmeat in barrels, leather, and sundry other commodi-\\nties in commercial cities, to ascertain their quality and\\nquantity, that they may be marked accordingly. By\\nthis means the States are enabled to improve the\\nquality of articles produced by the labor of the coun-\\ntry, and the articles are better fitted for sale, as the\\npurchaser is therefore guarded against deception. A\\nsmall tax is laid upon the goods inspected, to pay for\\ntheir inspection. But, lest the States should carry this\\npower so far as to injure other States, these laws are\\nto be subject to the revision and control of Congress.\\n12. Tonnage Duties These are duties laid upon\\nvessels; so much per ton.* They are forbidden to\\nStates (unless with the consent of Congress), as they\\nare a means of regulating commerce, which is a sub-\\nject given entirely to Congress.\\n13. War We have seen that war is another subject\\nof which Congress is to have complete control (Chap-\\nter XXXI.). For this reason the States are forbid-\\nden to keep troops or ships of Avar in time of peace,\\nor to engage in war, without the consent of Congress.\\nA vessel s tonnage is not what she weighs, but the number of tons\\nof freight she can carry.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0172.jp2"}, "173": {"fulltext": "LEGISLATIVE DEPARTMENT 167\\nPROHIBITIONS\\n[In Art. I., sees. 9 and 10.]\\nJ. ON THE UNITED STATES\\nOn Congress as to\\nI. Taxes\\nj 1. Export, Duties,\\nI 2. Direct taxes, not in proportion tocensus.\\nII. Commerce\\nj 1. Abolition of Slave-Trade prior to 1808,\\n2. Preference of Ports.\\nIII. Other Laws\\nfl. Suspension of Habeas Corpus,\\nI 2. Bill of Attainder,\\nI 3. Ex post facto Law,\\n[4. Titles of Nobility.\\nII. On U. S. Officers;\\n(1. Paying Money without Appropriation,\\n(2. Receiving from Foreign State, any\\n1. Present,\\n2. Emolument,\\n3. Office, or\\n.4. Title.\\nII. ON THE STATES AS TO\\nI. Taxes\\n1. Import Duties,\\n\u00e2\u0096\u00a0j 2. Export Duties,\\n3. Tonnage Duties.\\nII. Agreements with other States or Nations;\\nj 1. Treaty, etc.,\\n2. Any Agreement.\\nIII. War;\\n1. Letters of Marque,\\n2. Troops, or War-vessels,\\n3. Engaging in War.\\nIV. Money;\\n1. Coinage,\\n\u00e2\u0080\u00a2p. Bills of Credit,\\n3. Legal Tender.\\nV. Other Laws\\nf 1. Bill of Attainder,\\n2. Ex post facto Law,\\n3. Law impairing Contract,\\n4. Title of Nobility.\\nI", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0173.jp2"}, "174": {"fulltext": "168 NATIONAL GOVERNMENT\\nSECTION III.\u00e2\u0080\u0094 EXECUTIVE DEPARTMENT\\nCHAPTER XXXIV\\nPRESIDENT AND VICE-PRESIDENT: ELECTION, QUALIFICA-\\nTIONS, ETC.\\n1. Executive One of the strongest distinctions be-\\ntween the present Union and the Confederation is that\\nnow we have a full and strong executive department,\\nwhile under the Confederation there was none (see\\npage 98).\\n2. Number In regard to the organization and\\npowers of the executive department there was great\\ndiversity of opinion in the Constitutional Convention.\\nThe three principal points discussed were (1) whether\\nit should consist of one person as chief, or more (2)\\nthe term; and (3) the mode of election. First: ought\\nthe chief executive power to be vested in one person, or\\na number of persons Laws should be executed with\\npromptness and energy. This is more likely to be\\ndone by one man than by a number. If several were\\nassociated in the exercise of this power, disagreement\\nand discord Avould be likely to happen, and to cause\\nfrequent and injurious delays. For this reason it was\\ndecided to have one President (53).\\n:i. Term Second as to the term. It was argued\\nthat the term should not be so short as to induce him\\nto act more with a view to his re-election than to the\\npublic good, nor so short that he would not feel some\\nindependence of the people, and could not carry out\\nhis system of public policy nor so long that he would", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0174.jp2"}, "175": {"fulltext": "EXECUTIVE DEPARTMENT 169\\nfeel too independent of the people. The term of four\\nyears was decided upon as the most likely to avoid all\\nthe objections (53). It commences March 4th next\\nafter the election. A new Congress is elected and\\nbegins its term at the same time as each successive\\nPresidential term.\\n4. Mode of Election Third: as to the manner of\\nelecting the President. Several modes were prop\\nin the Convention, among them these: by Con-\\nby the State legislatures, by the people directly, and\\nby Electors chosen for the purpose in sonic way. The\\nlast was the one adopted (54). The object was two-\\nfold (1) to keep the legislative and executive depart-\\nments distinct,* and (2) to make certain of such a man\\nbeing elected as would be worthy of the high position\\nIf Congress elected him, it would be practically com-\\nbining the two departments; and on the other hand,\\nif the people elected him directly, it was thought that\\nthey might be led into error through popular enthu-\\nsiasm or misconception, and that at the time of an\\nelection there would be great excitement but if he\\nwas elected by a body of select men, they would act\\nwith more deliberation and their judgment would be\\nprobably correct. And if they were selected for that\\none purpose it was thought they would be better tit ted\\nfor it than the State legislatures would be.\\n5. Election of Electors The Constitution does not\\nprescribe the manner in which the Electors shall be\\nappointed or chosen this is left to the States. At\\nfirst no uniform mode was adopted by the different\\nStates, but at present in all the States they are\\nFor this reason no Member of Congress nor civil officer can be an\\nElector.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0175.jp2"}, "176": {"fulltext": "170 NATIONAL GOVERNMENT\\nselected directly by the people, by general ticket*\\nBy a law of Congress, the Electors are required\\nto be chosen in all the States on the same day,\\nwhich is the Tuesday next after the first Monday of\\nNovember.\\n6. Proceedings of Electors On the second Mon-\\nday of January the Electors meet in their respective\\nStates and vote for President and Vice-President.\\nWhat follows is amply described in the Constitution\\nitself (Amend. XII.). In 1804 a change was made in\\nthe mode of electing the Vice-President. f\\n7. Election by the House On the second Wednes-\\nday in February after the election the Electoral votes\\nare counted, and if no one has obtained a majority, the\\nHouse and Senate elect the President and Vice-Presi-\\ndent respectively. This is described in the Constitu-\\ntion and need not be repeated here (95)4\\n8. Present Practice When the Constitution was\\nframed it was intended that the Presidential Electors\\nshould exercise their own personal judgment, and that\\nthus the President should be selected by the calm wis-\\ndom of a body of men selected for their fitness to\\nperform such a duty. But the existence of political\\nparties and their action has nullified the plan. Now\\nthe nominating conventions put forward the candi-\\ndates for the Presidency, and the Electors are after-\\nward nominated and voted for entirely with reference\\nto those candidates, it being known beforehand which\\nThat is, every voter votes for as many men as the State is entitled\\nto have Electors.\\nf The Constitution itself shows what this was (55, 95).\\nThe President has been elected by the House twice Jefferson in\\n1801, and John Quincy Adams in 1825.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0176.jp2"}, "177": {"fulltext": "EXECUTIVE DEPARTMENT 171\\none of the candidates they will vote for and they\\nnever exercise their judgment, but simply record the\\nvote of the people. It is unfortunate that the original\\nplan could not have succeeded, for the present practice\\nis open to the objections of an election directly by the\\npeople, which it is in effect.\\n5). Qualifications These the Constitution specifics\\n(57). It will be noted that they arc higher than those\\nrequired for a Senator, because the office is so much\\nmore important. No length of residence here by a\\nforeigner will qualify him.\\n10. Vacancy In case of a vacancy in the office of\\nPresident, the Vice-President becomes the President.\\nUnder the provision of the Constitution (58), Congress\\nhas enacted that, when there is neither President nor\\nVice-President, a member of the Cabinet shall, in the\\nfollowing order, act as President: The Secretary of\\nState, Secretary of the Treasury, Secretary of War,\\nAttorney-General, Postmaster-General, Secretary of\\nthe Navy, Secretary of the Interior.\\n11. Salary The President has a salary, its amount\\nbeing fixed by Congress. Congress may increase or\\ndiminish it, but not so as to affect the President in\\noffice at the time (59). If Congress could reduce his\\nsalary at pleasure, he could never afford to be inde-\\npendent of them. On the other hand, if it could be\\nincreased during his official term, he might be tempted\\nto use undue influence to procure a needless increase.\\nThe Vice-President has no duties to perform as Executive of the\\nNation. He merely presides in the Senate. In dignity the office of\\nPresident is much higher.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0177.jp2"}, "178": {"fulltext": "172 NATIONAL GOVERNMENT\\nCHAPTEE XXXV\\nPOWERS AND DUTIES OF THE PRESIDENT\\n1. Commander-in-Chief The President is com-\\nmander-in-chief of the entire military force of the\\nNation (61). This power must be given into the\\nhands of one man. If there were more (even two)\\nthere might be no firmness or promptitude, qualities\\nabsolutely necessary to render any army useful. The\\nPresident is the proper person, for he is the Executive\\nof the Nation. But the President does not take the\\nfield himself. The actual operations are conducted by\\nhis generals under his supervision.\\n2. Reprieves and Pardons These may be granted\\nby the President, but only in cases of convictions by\\nthe United States courts (61). Over State offences he\\nhas no jurisdiction. Peculiar cases may arise where,\\nalthough a person is adjudged guilty of a crime, he\\ndoes not deserve the punishment the law provides as\\nif, for instance, new evidence should arise showing him\\nto be innocent. But the pardoning power may be\\ngreatly abused, and some claim that it would be better\\nto take it away altogether.\\n3. Treaties A treaty is an agreement between\\nnations, and it may be upon any subject for peace,\\nfor war against some third power, concerning com-\\nmerce, the mail, the return of escaped criminals, or\\nany other subject. The power to make them for the\\nUnited States rests with the President. But this is so\\nSee page 48, sec. 7.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0178.jp2"}, "179": {"fulltext": "EXECUTIVE DEPARTMENT 173\\nimportant a duty that it is not intrusted to him alone,\\nbut two-thirds of the Senate must concur (\u00c2\u00ab2).*\\n4. Ministers These are officers sent to a foreign\\nnation to represent their own nation there. In this\\ncountry they are appointed by the President, with the\\nadvice and consent of the Senate. Some are now called\\nambassadors. Our government sends a minister to\\neacli of the civilized and semi-civilized nations of the\\nworld. They reside abroad and transact any business\\nthat our government may have witli the government\\nof the country where they are. They often negotiate\\ntreaties, f\\n5. Consuls These the President appoints in the\\nsame way. Consuls are agents of inferior grade.\\nThey reside in foreign cities. Their business is to\\naid their respective governments in their commercial\\ntransactions with the countries in which they reside,\\nand to protect the rights, commerce, merchants, and\\nseamen of their own nation. Hence much of their\\nbusiness is with masters of vessels and with mer-\\nchants.\\nTreaties are negotiated that is, the provisions or terms are\\narranged and agreed upon, by the agents of the two governments\\nand a copy of the articles of agreement is sent to eacli government\\nto bo ratified. Both governments must ratify, or the treaty fails.\\nTreaties are ratified, on the part of our government, by the Presi-\\ndent and Senate. This is what is meant by their making treaties.\\nf Until recently we have rarely sent ambassadors, but ministers\\nplenipotentiary. An ambassador who is intrusted with the ordinary\\nbusiness of a minister at a foreign court, and who lives there, is\\ncalled an ambassador in ordinary. An ambassador extraordinary\\nis a person sent on a particular occasion, who returns as soon as the\\nbusiness on which he was sent is done. He is sometimes called\\nenvoy and when he has power to act as he may deem expedient, he\\nis called envoy plenipotentiary the latter word signifying full power", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0179.jp2"}, "180": {"fulltext": "174 NATIONAL GOVERNMENT\\n6. Judges The President and Senate appoint also\\nthe judges of the Supreme Court, and of the Circuit\\nand District courts.\\n7. Other Appointments Thus we see that the\\nPresident has very important powers of appointment.\\nNor is he under the control of the Senate always, for\\nunder the Constitution (62) Congress has vested the\\nappointment of very many inferior officers in him\\nalone, or in the Heads of Departments, who are ap-\\npointed by him and more or less under his influence.\\nThe advantage is that a President is thus better able\\nto carry out his own policy if he has the selection of\\nthose who shall aid him. But the danger is that if we\\nshould obtain an ambitious or unprincipled President\\nhe might use the power of appointment simply to re-\\nward those who would advance his own interests, and\\ngreatly to the injury of the people.*\\n8. Vacancies But in those cases where the Senate\\nmust concur in appointments, vacancies will often oc-\\ncur while the Senate is not in session. In such cases\\nthe President may alone make temporary appoint-\\nments (63). Without such a power somewhere, the\\npublic interests would often suffer serious injury.\\nWhen the Senate acts on appointments it is said to\\ngo into executive session.\\nFor some time past the two political parties have used this power\\nto advance their own interests, and when a new party has come into\\npower very many of the civil ofTicers have been removed without\\ncause in order that members of that party might be appointed in\\ntheir stead. The aim of Civil Service Reform is to establish the cus-\\ntom of retaining officers, at least of inferior rank, as long as they do\\ntheir duty, and of appointing those best fitted for the office, no mat-\\nter to which party they belong. This is the policy of England, and\\nought to be of our country.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0180.jp2"}, "181": {"fulltext": "EXECUTIVE DEPARTMENT 175\\n9. Removals Most of the officers, clerks, etc., in\\nthe Civil Service of the United States are appointed\\nfor no particular term, but hold office until the ap-\\npointing authority removes them. Those appointed\\nby the President, or any other officer alone, can be\\nremoved by him or such officer at any time. With\\nregard to those whose appointments the Senate must\\nconcur in, it was urged at first by many that the con-\\nsent of the Senate must also be obtained to the re-\\nmoval, but this has not been the practice. Up to 1 7\\nthe President exercised the power of removal alone in\\nall cases. In that year the tenure of office act was\\npassed, requiring the consent of the Senate to the\\nremoval of those officers whose appointment they\\nmust concur in. This, however, was repealed March,\\n1887.\\n10. Message At every session the President sends\\nto Congress a message, containing recommendations of\\nthe passage of such measures as he judges expedient\\n(64). This, of course, gives little information, but it\\nserves to fix the responsibility upon them.\\n11. Convening Congress Besides the regular ses-\\nsions each year, Congress may be convened by the\\nPresident when he thinks an extraordinary occasion\\nhas arisen such as to render it necessary, but at such\\ntimes they only act upon the subjects he lays before\\nthem.\\n12. Reception of Foreign Ministers This is de-\\nvolved upon the President as the proper person to repre-\\nThe Civil Service means the body of persons employed by the\\nUnited States, from the Cabinet down to the lowest clerks in the\\nPost-Office, except the army and navy. It includes now perhaps\\n100,000 persons.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0181.jp2"}, "182": {"fulltext": "170 NATIONAL GOVERNMENT\\nsent the Nation. It is usually a merely formal matter,\\nbut may be one of great importance. In case a revolu-\\ntion has occurred in some foreign country and a new\\nminister is sent here, the President in deciding whom\\nhe will receive must decide whether to recognize the\\nnew or the old government, and this might involve us\\nin war.\\n13. Execution of the Laws This is the most im-\\nportant and most comprehensive duty devolved upon\\nthe President. It calls upon him to see that above\\nall things obedience is rendered to all the laws of the\\nUnion. It is for this purpose that he is made com-\\nmander of the army and navy. In 1861 President\\nLincoln would have disregarded this high obligation\\nhad he refused to take every means to subdue those\\nStates which had openly revolted from the authority\\nof the Nation.\\nBy comparing this chapter with Chapter XL it will\\nbe seen how similar the powers and duties of the Pres-\\nident are to those of a State governor but those of\\nthe former are as much more important in their exer-\\ncise than those of the latter, as the Nation is greater\\nthan any State. The State constitutions generally\\nhave been modelled on the United States Constitution.\\nCHAPTER XXXVI\\nAUXILIARY EXECUTIVE DEPARTMENTS\\n1. Departments The great amount and variety of\\nthe executive business of the Nation require the di-\\nvision of the executive department into several subor-\\ndinate departments, and the distribution among them", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0182.jp2"}, "183": {"fulltext": "EXECUTIVE DEPARTMENT 177\\nof the different kinds of public business. These de-\\npartments are nine in number, named as follows:\\n(1) Department of State, (2) Department of the Treas-\\nury, (3) Department of the Interior, (4) Department of\\nWar, (5) Department of the Navy, (6) Department of\\nJustice, (7) Post-Office Department, (8) Department\\nof Agriculture, and (9) Department of Labor.\\n2. Cabinet At the head of each of these Depart-\\nments is a chief officer. These chief officers, some-\\ntimes called Heads of Departments^ are named re-\\nspectively the Secretaries of State, of the Treasury, of\\nthe Interior, of War, and of the Navy, the Attorney-\\nGeneral, Postmaster-General, Secretary of Agricult-\\nure, and Commissioner of Labor, and are appointed by\\nthe President with the consent of the Senate. The\\nfirst eight of these form the Cabiru f, and act as a coun-\\ncil of advice to the President. Owing to this close\\nrelation between a President and his Cabinet it is\\nusual for the Senate to confirm whomever the Presi-\\ndent selects for Cabinet officers.\\n3. Department of State This department has\\ncharge of all the business of the Nation with foreign\\nnations. The Secretary of State conducts all our dip-\\nlomatic correspondence, being the official organ of\\ncommunication with the ministers of foreign govern-\\nments sent to this country, and with our ministers\\nabroad. lie is also the custodian of the seal, the laws,\\nand other official documents of the Nation.\\n4. Department of the Treasury To this belongs\\nthe charge of the finances of the Xation. It collects\\nthe revenue from customs and excises, pays the debts\\nDiplomacy is the science of conducting negotiations between\\nnations.\\n12", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0183.jp2"}, "184": {"fulltext": "178 NATIONAL GOVERNMENT\\nof the Nation, coins the money, and takes charge of\\nall money paid to the government. The vast amount\\nof business in this department requires a great number\\nof assistants. All the custom-houses, mints, and sub-\\ntreasuries form part of it. The building devoted to its\\nbusiness in Washington is one of the largest there.\\n5. Department of the Interior The chief subjects\\nof which this department has charge are the taking of\\nthe census every ten years (5), the management and\\nsale of the public lands, the management of the Indi-\\nans, the payment of pensions the granting of patents,\\nand education.\\n6. Department of War This department has\\ncharge of the procuring of supplies and equipment\\nand other matters relating to the army. Its duties\\nare of course far more important in time of war than\\nin peace. The coast signal service belongs to this\\ndepartment.\\n7. Department of the Navy This department has\\ncharge of the navy, the procuring of supplies and\\nequipment of vessels of war, etc.\\n8. Department of Justice The duties of the At-\\ntorney-General and his assistants are to attend to all\\nsuits in the United States courts in which the United\\nStates is interested, and to give their opinions in writ-\\ning on legal questions when requested by the President\\nor Heads of Departments.\\n9. Post-Office Department This has charge of the\\nA pension is a yearly allowance to a person by the government\\nfor past services. In this country pensions are granted to those who\\nare disabled in war. If a soldier is killed a pension is granted to his\\nwidow or children. The amount of pensions now paid in this coun-\\ntry is very large.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0184.jp2"}, "185": {"fulltext": "EXECUTIVE DEPARTMENT 179\\nmail. All post-offices form a part of it. The Post-\\nmaster-General establishes post-offices, provides for\\ncarrying the mail, and has general charge of all\\nmatters connected with it.\\n10. Department of Agriculture Here are investi-\\ngated matters pertaining to the agricultural interests\\nof the country, such as the destruction of injurious\\ninsects, the eradication of diseases of live-stock, the\\nbest kinds of seed, of manures, etc., etc. Its publica-\\ntions are widely distributed among the farmers, as are\\nalso large quantities of seeds of the best varieties.\\n11. Department of Labor This is a purely statis-\\ntical bureau, and is engaged in the collection and pub-\\nlication of facts relating to strikes, cost of production,\\nwages, industrial depressions, and other matters bear-\\ning upon labor and industry.\\n12. Other Executive Branches In addition to the\\ndepartments mentioned, various other bureaus and\\ncommissions have been established, among which are\\nthe following\\n(1) The Interstate Commerce Com missioti, devoted to\\nthe regulation of railway rates; (2) the Civil Service\\nCommission^ devoted to the examination of those en-\\ntering the public service, for whom educational tests\\nare imposed; (3) the Fish Commission^ engaged in all\\nmatters pertaining to the improvement of fisheries in\\nthe United States; (4) the National Museum, Smith-\\nsonian Institution, and Bureau of Ethnology, for the\\nmaintenance of a museum of natural history at Wash-\\nington, and the study of North American anthro-\\npology and (5) the Government Printing Office,\\nwherein are printed the annual reports required of\\neach Department, the Congressional Record, or ver", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0185.jp2"}, "186": {"fulltext": "180 NATIONAL GOVERNMENT\\nhatim reports of the proceedings of Congress, and all\\nother statistical and educational reports issued by the\\nvarious branches of the government service.\\nSECTION IV.\u00e2\u0080\u0094 JUDICIAL DEPARTMENT\\nCHAPTER XXXVII\\nNATIONAL COURTS AND THEIR JURISDICTION\\na. Courts\\n1. Necessity for National Judiciary We now\\ncome to the third article of the Constitution, provid-\\ning a national judicial department. The Confedera-\\ntion had none, and was thus dependent on the States.\\nThe chief reason why a national judiciary is necessary\\nin addition to the State systems is that the State\\njudges might be biased in favor of their own State.\\nLaws of Congress often bear with greater hardship on\\nsome States than on others, and public opinion in\\nthose States upon whom the burden lay might be so\\nstrong in opposition that no judge elected and sup-\\nported by those people would sustain it. But if the\\njudge belonged to a national system, and thus repre-\\nsented and was supported by the whole Nation, he\\nwould have nothing to fear, and thus his decision\\nwould be more impartial. The experience of the Con-\\nfederation taught this.\\n2. Courts The judiciary consists of four grades\\nof courts: the Bwpreme Gowt,t\\\\iG Circuit Courts of\\nAgpeaU, the Circuit Courts, and the District Courts.\\nThe Supreme Court is the highest court in the land,\\nand was established by the Constitution itself (66).", "height": "3294", "width": "1997", "jp2-path": "governmentc00youn_0186.jp2"}, "187": {"fulltext": "JUDICIAL DEPARTMENT 181\\nThe others were established by Congress. The Su-\\npreme Court consists of nine judges, and its jurisdic-\\ntion is almost wholly appellate; that is, cases arc not\\ntried in it, but it only hears appeals from the other\\ncourts, and that only in the most important cases,\\nIt has original jurisdiction in a few cases. There are\\nnine Circuit Courts of Appeals to which cases are ap-\\npealed from the Circuit and District Courts. The\\njudges of the Circuit Court of Appeals are Justices of\\nthe Supreme Court or judges of the Circuit or District\\nCourts. Some cases are appealed from the circuit\\nCourt of Appeals to the Supreme Court. Of the Cir-\\ncuit Courts there are nine in the country. There are\\nseventy-two District Courts (including the three in the\\nIndian Territory). The jurisdiction of all the courts\\nis both civil and criminal.*\\n3. Court of Claims No one has any right to sue\\na government. Such a right is inconsistent with sov-\\nereignty. So, in this country, no one has a right to\\nsue the people (they are the government), for it is the\\npeople from whom he gets any right, even the right to\\nhis own property or his life, and to admit that any one\\nhad a right to force anything from them would be ad-\\nmitting that they were not sovereign. For this rea-\\nson no one has a right to sue the United States, or any\\nState (94). But Congress has established a court\\ncalled the Court of Claims, in which those having\\nclaims which they think ought to be paid by the\\nUnited States may bring a suit in the ordinary way,\\nin form against the United States, and the court de-\\ncides whether they should be paid. If it is decided in\\nthe claimant s favor it is so reported to Congress, and\\nCongress generally will make an appropriation. But\\nFor explanation of the terms used in this section see page 79.", "height": "3362", "width": "1997", "jp2-path": "governmentc00youn_0187.jp2"}, "188": {"fulltext": "182 NATIONAL GOVERNMENT\\nCongress is free to do as it chooses, and there is no\\nway to compel payment. Some States have estab-\\nlished similar courts of claims, but though proceeding\\nin legal methods, they perform rather the functions of\\nlegislative committees than courts.\\n4. Tenure of Office By the Constitution the judges\\nhold office during good behavior (66). This means\\nuntil removed on impeachment for bad behavior, and\\nthus in most cases it means for life. In no other\\ndepartment of the general government are offices held\\nfor so long a term. The purpose is to insure a correct\\nand impartial administration of justice by making\\nthem independent. If they could be displaced at the\\npleasure of the appointing power, or by frequent elec-\\ntions, they might be tempted to conform their opin-\\nions and decisions to the wishes of those on whom\\nthey were dependent for continuance in office. The\\nobject of the framers of the Constitution was to\\nremove them as far as possible from party influence.\\n5. Salary As with the President, so here, Congress,\\nthough it fixes the salaries of the judges, cannot dimin-\\nish them while in office. .To give Congress power over\\nthe purse of an officer is to give it power over his will.\\nDependence upon the legislature would be as great an\\nevil as dependence upon the appointing power.\\nb. Jurisdiction\\n6. In General The jurisdiction of the United States\\ncourts does not extend to all kinds of cases, but only to\\nsuch as the Constitution specifies, just as Congress has\\npower to pass only such laws as the Constitution allows\\nit to. The cases enumerated in the Constitution (67)\\nin which the national courts have jurisdiction may be", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0188.jp2"}, "189": {"fulltext": "JUDICIAL DEPARTMENT 183\\ndivided into three general classes: (1) those arising\\nunder the Constitution, the laws of Congress, and\\ntreaties; (2) those affecting foreigners; and (3) those\\nbetween different States or the citizens of different\\nStates.*\\n7. Cases arising under United States Laws Cases\\nwhich arise under the Constitution, laws, or treaties of\\nthe United States may be those where a person is\\ngiven a right by the Constitution, laws, or treaties\\nwhich he does not have by the laws of his State\\nfor instance, a right to sue an infringer of a patent\\ngranted to him), or where he violates a law of Con-\\ngress, or treaty (as counterfeiting coin, or doing any-\\nthing forbidden by a treaty), or where any question\\narises as to the meaning of the Constitution, laws, or\\ntreaties of the United States, or as to whether a law of\\nCongress is constitutional f or not. In these cases it\\nmakes no difference whether the parties are citizens of\\nthe same State or not. The jurisdiction is given to the\\nnational judiciary for two reasons (1) in order that in\\nthe interpretation and enforcement of its own laws it\\nmay not be dependent on the States, and (2) in order\\nthat the interpretation may be uniform throughout the\\ncountry. Were it left to the State courts, some States\\nIt will be seen, therefore, that the great majority of cases between\\ncitizens of the same State must be brought in the State courts. So\\nalso the great majority of criminal cases are tried in the State\\ncourts.\\nf A law of Congress is unconstitutional (and wholly void) unless\\nthe Constitution has given Congress the right to pass it (see page 140).\\nIf, for instance, Congress should pass a usury law (that is, a law reg-\\nulating the interest of money), or a law abolishing capital punish-\\nment, it would be void, because it has not been given these powers by\\nthe Constitution.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0189.jp2"}, "190": {"fulltext": "184 NATIONAL GOVERNMENT\\nmight decide that a law meant one thing, and other\\nStates that it meant another.\\n8. Cases affecting Foreigners The decision of\\nthese properly belongs to the national courts, for the\\nreason that if a foreigner is injured here, the Nation,\\nand not the State, is responsible to the foreigner s\\ngovernment therefore the Nation, and not the State,\\nshould redress the injury. And where the foreigner is\\nan ambassador, or other minister, the Supreme Court\\nhas original jurisdiction of the case (68). This is in\\norder to provide as certainly as possible against the\\ndanger of injustice being done, for it might involve\\nthe country in a dispute, or even war, with his coun-\\ntry. All public ministers are treated with the highest\\nrespect, for this reason. Admiralty jurisdiction* is\\nalso given to the national courts, for the reason that\\nmany admiralty cases affect foreigners. Another rea-\\nson is that admiralty is a part of the regulation of\\ncommerce, which we have seen is a subject taken away\\nfrom the States and given entirely to the United\\nStates.\\n9. Cases affecting Different States, or their Citi-\\nzens The third class of cases in which the national\\ncourts have jurisdiction is where the parties on the\\ntwo sides, plaintiff and defendant, are either two\\ndifferent States, or citizens of different States. The\\nreason for this jurisdiction is to prevent dissension\\namong the States. If the decision of a question which\\nAdmiralty jurisdiction is jurisdiction of cases arising on the sea,\\nor connected with vessels as, for instance, cases of piracy, of col-\\nlision on the sea, or claims for repairing a vessel, or contracts to\\ncany freight or passengers. No State has any jurisdiction over the\\nocean.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0190.jp2"}, "191": {"fulltext": "JUDICIAL DEPARTMENT 185\\naffected two States were left to the courts of either,\\nthe controversy instead of being closed would be inten-\\nsified The history of the small German States and\\nof the States under the Confederation illustrates this.\\nBut now, there being an impartial arbiter, the United\\nStates, the States submit to the decision.*\\nCHAPTER XXXVIII\\nTREASON\\n1. Why Defined. Treason is one of the highest\\ncrimes that man can commit. Yet, such deep resent-\\nment and alarm does it create among the people. for\\nit is an attempt to overthrow the established govern-\\nment, that the tendency always is to see it in acts\\nwhich maybe innocent, and which at least do not\\nhave such a purpose. For this reason the Constitution\\nitself says what shall be considered treason, and what\\nproof shall be necessary to establish it (TO). It must\\nIt will be noticed that the jurisdiction in the cases mentioned in\\nthis and the preceding section depends upon the character of the\\npersons suing or sued, while in those mentioned in section 7 it de-\\npends upon the character of the case. When the ease is such as to\\ngive the national courts jurisdiction it makes no difference whether\\nthe parties are citizens of different States or not, and when they are\\ncitizens of different States, or one is a foreigner, those courts have\\njurisdiction whether the case is one of those mentioned in section 7\\nor not. Not all the cases enumerated in sec. 2 of Art. III. (67) have\\nbeen spoken of separately in the text. It will be a useful exercise\\nfor the pupil to write down each separate case mentioned there, and\\ntell to which one of the three classes described above it belongs, and\\nwhy. But he will be apt to make a mistake as to suits by citizens\\nagainst States, unless he consults Amendment XI. (see page 198). A\\nState cannot be sued except by another State.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0191.jp2"}, "192": {"fulltext": "186 NATIONAL GOVERNMENT\\nbe either making war against the United States, 01\\nadhering to its enemies. And it is not sufficient that\\nthere is an intention or even a conspiracy to do these\\nthings, though they are highly reprehensible. There\\nmust be some overt (i.e., open) act, before it is treason.\\n2. Proof The proof required is more than in the\\ncase of most crimes. Generally one may be convicted,\\neven of murder, upon the testimony of one witness\\ndirectly to the commission of the crime, or even with-\\nout any direct testimony upon its commission, pro-\\nvided the other circumstances proven point toward it.\\nBut in treason against the United States, no matter\\nwhat circumstances point toward it, there must be\\ntwo witnesses to the same act.\\n3. Punishment Under the authority given by the\\nConstitution (71) Congress has declared the punish-\\nment of treason to be death, or, at the discretion of\\nthe court, imprisonment and fine the imprisonment\\nto be for not less than five years and the fine not less\\nthan $10,000. An attainder of treason means here\\njudgment by a court. In England formerly, when one\\nwas adjudged guilty of treason all his property was\\nforfeited to the king, and he could neither inherit nor\\ntransmit property to heirs. This is what is meant by\\ncorruption of Mood. Thus for a man s treason his\\ninnocent relatives Avere punished with him. But that\\nis not so here. A law of Congress provides that no\\nconviction (of any crime against the United States)\\nshall work corruption of blood or any forfeiture of\\nestate.\\n4. The Civil War In this country there were no\\nprosecutions for treason after the War, even of the\\nleaders. They were, however, laid under certain polit-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0192.jp2"}, "193": {"fulltext": "MISCELLANEOUS PROVISIONS 187\\nical disabilities, but even these have now (1894) been\\nalmost entirely removed.\\n5. Other Crimes The great majority of crimes,\\nsuch as murder, forgery, theft, etc., lie generally within\\nthe jurisdiction of the State. The State laws describe\\nthem, and the State courts punish them. The other\\nsubjects, beside treason, upon which Congress has au-\\nthority to define offences and establish their punish-\\nment, and of which the national courts have criminal\\njurisdiction, are chiefly as follows: All crimes com-\\nmitted on the sea, piracy, murder, theft, etc. j\u00c2\u00bb rjury\\nand other judicial crimes when committed in the\\nnational courts counterfeiting United States notes or\\ncoin forgery of patents or other United Statt 8j Oj\\nrobbery of the mail, or other crimes connected with\\nthe postal service; extortion by a United States offia r\\nthe holding of slaves and preventing any one from\\nexercising his civil rights, by intdrnddcUdon or other\\nmeans.\\nSECTION V.\u00e2\u0080\u0094 MISCELLANEOUS PROVISIONS\\nCHAPTER XXXIX\\nRELATIONS OF STATES\\n1. Records Article IV. of the Constitution contains\\na number of important provisions, most of which\\naffect the relations of the States to each other and to\\nthe General Government. The first one is in regard\\nto the effect which the laws, records, and judgments\\nof one State shall have in another, and the provision\\nis that they shall have full effect everywhere (72).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0193.jp2"}, "194": {"fulltext": "188 NATIONAL GOVERNMENT\\nFor instance, if a person is sued in New York and\\nthere is a decision on the merits against him, it is\\ndecided, once for all, and it may be enforced against\\nhim wherever he goes. Were it not for this clause\\nStates might provide that no matter how many times\\na question had been tried, it must be tried over again\\nwith all the evidence before they would enforce it.\\nCongress has prescribed the manner in which public\\nacts and records may be proved, and when proven\\nthey are conclusive as to the things stated in them.\\n2. Privileges of Citizens No State can grant priv-\\nileges to its own citizens, from which the citizens of\\nother States are excluded (73). The purpose is to put\\nall on an equality everywhere. Without such a pro-\\nvision, any State might deny to citizens of other\\nStates the right to buy and hold real estate, or to\\nbecome voters after living in the State the prescribed\\ntime, or to enjoy equal privileges in trade or business.\\n3. Fugitive Criminals The officials of one State\\nhave no power in another State as officials. For\\ninstance, the police or sheriff of New York City have\\nno power to arrest a murderer in Jersey City. But\\nthe Constitution provides against the escape of crimi-\\nnals in this way (74). The Governor of the State\\nfrom which such person has fled, sends a requisition\\nto the Governor of the State in which he is found,\\ndemanding his delivery to the first State. This re-\\nquisition is usually complied with, and yet cases have\\noccurred in which a Governor has refused to deliver\\nup an accused person, and there is no way provided\\nto compel him. This seems to have been an oversight\\non the part of the framers of the Constitution.\\n4. Fugitive Slaves By the common law, a slave", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0194.jp2"}, "195": {"fulltext": "MISCELLANEOUS PROVISIONS 189\\nescaping into a non-slaveholding State became free.\\nAs it was presumed at the time the Constitution was\\nframed that other Northern States would follow Mas-\\nsachusetts in abolishing slavery, the Southern States\\nwanted some provision to enable them to reclaim their\\nfugitive slaves. The Northern States, though opposed\\nto this, yielded for the sake of unity (75). Escaped\\nslaves were, under this provision, returned to the\\nSouth up to 18G1. The clause is of course; obsolete\\nnow.*\\n5. New states The provision (76) with regard to\\nthe admission of new States into the Union was deemed\\nnecessary in view of the large extent of vacant lands\\nwithin the United States, and of the inconvenient size\\nof some of the States then existing. The territory\\nnorth-west of the Ohio River had been ceded to the\\nGeneral Government by the States claiming the same.\\nSouth of the Ohio River also was a large tract, prin-\\ncipally unsettled, within the chartered limits of Yir\\nginia, North Carolina, and Georgia, extending west to\\nthe Mississippi: These two tracts it was presumed\\nwould soon become so thickly populated as to require\\nseparate governments. Since that time vast tracts\\nhave been acquired from France, Spain, Texas, and\\nMexico. From all these tracts thirty-one new States\\nhave been formed and admitted into the Union. AV lien\\nformed from the territory of the United States the\\nconsent of Congress only is required, but when formed\\nfrom the territory of another State the consent of that\\nState must also be obtained. The case of West Vir-\\nginia was exceptional.\\nThe words slave does not appear in the original Constitution.\\nf After the late war Congress declared the Southern States to have", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0195.jp2"}, "196": {"fulltext": "190 NATIONAL GOVERNMENT\\n6. United States Territory Congress has complete\\npower over the territory not organized into States\\n(77). It establishes territorial governments, and these\\ncarry on all the ordinary governmental duties, but\\nthey are subject to the control of Congress. The\\nclause with regard to the claims of States has no effect\\nat the present day.\\n7. Protection by United States The United States\\nmust always see to it that the State governments are\\nrepublican in form (78). The object is to perpetuate\\nrepublican institutions. If some large State should\\nestablish a monarchy, it might in time engulf smaller\\nones, and in the end destroy the Constitution. Its\\npolicy would be in opposition to all republican institu-\\ntions. So, if a State is in danger from invasion, or\\ninsurrection, it may call on the Nation for assistance.\\nCHAPTER XL\\nAMENDMENT DEBT I SUPREMACY OATH I TEST I\\nRATIFICATION\\n1. Reason for Amendment Article Y. describes\\nthe manner in which the Constitution may be amended\\n(79). As the best human government is imperfect, and\\nas all the future wants and necessities of a people can-\\nnot be foreseen and provided for, it is obvious that\\nevery constitution should contain some provision for\\nits amendment.\\n2. Mode of Amendment This is described in the\\nno lawful governments, and placed them under temporary military\\ngovernments. In time they adopted new constitutions, and were\\nreadmitted to the Union by Congress.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0196.jp2"}, "197": {"fulltext": "MISCELLANEOUS PROVISIONS 191\\nConstitution (79). If amendments could be made\\nwhenever desired by a bare majority of the States,\\nthe strength and efficiency of the Constitution might\\nbe greatly impaired by frequent alterations. It is\\ntherefore wisely provided that a mere proposition to\\namend cannot be made except by a majority of at Least\\ntwo-thirds of Congress, or of the legislatures of at Vast\\ntwo-thirds of the States and that such proposition must\\nbe ratified by a still larger majority (three-fourths) of\\nthe States. It was thought better to submit occasionally\\nto some temporary inconvenience than to indulge in\\nfrequent amendments.\\n3. Public Debt The clause (80) which adopts the\\nprior debts of the country was intended to allay the\\nfears of public creditors, who apprehended that a\\nchange in the government would release the Nation\\nfrom its obligations. But their fears were probably\\ngroundless, for one purpose in changing the govern-\\nment was to provide a way to pay those debts.\\n4. Supremacy The next clause (81) declares that\\nthe Constitution, the treaties and the laws of Congress\\nshall prevail over any State law or constitution. This\\nis the clause giving efficacy to the Avhole Constitution.\\nIf any State could nullify the national law, nothing\\nwould be gained by the Union. Now, when a State\\nlaw or State Constitution is passed contrary to the law\\nof the Nation every one must consider it void, and the\\nState judges must declare it so.\\n5. Oath of Allegiance All members of all State\\nand national, legislative, executive, and judicial depart-\\nments are required on taking office to take the oath of\\nallegiance, i.e., to support the Constitution of the United\\nStates (82). Binding the conscience of public officers", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0197.jp2"}, "198": {"fulltext": "192 NATIONAL GOVERNMENT\\nby oath or solemn affirmation lias ever been considered\\nnecessary to secure a faithful performance of their\\nduties. They are generally required to SAvear not only\\nto support the Constitution, but also to discharge the\\nduties of their offices to the best of their ability.\\n6. Test Oatli In the same clause, test (often called\\ntest oath) means an oath or a declaration in favor of or\\nagainst certain religious opinions, as a qualification for\\noffice. In England, all officers, civil and military, were\\nformerly obliged to make a declaration against transub-\\nstantiation, and to assent to the doctrines and conform\\nto the rules of the established church. The object of\\nforbidding it here was to secure to every citizen the\\nfull enjoyment of religious liberty. But this clause\\ndoes not bind the States. They can provide tests, but\\nusually they have similar clauses in their constitutions.\\n7. Ratification By the Constitution (83) nine States\\nwere to ratify it before it had binding effect in any. The\\nimmediate ratification of the Constitution by all the\\nStates was hardly to be expected a unanimous ratifica-\\ntion, therefore, was not required. But a Union of less\\nthan nine States was deemed inexpedient. The framers\\nconcluded their labors on the 17th of September, 1787\\nand in July, 1788, the ratification of New Hampshire,\\nthe ninth State, was received by Congress.*\\n8. Commencement of Government Thus in July,\\n1788, the government had begun. During 1788 and the\\nThe Constitution could not become binding on any State except\\nby its own ratification, for the State was sovereign. But with amend-\\nments it is different. When accepted by three-fourths they are bind-\\ning on all. They have given up their sovereignty to this extent. By\\naccepting 1 he Consl itution at first each State agreed that amendments\\nmight be made binding in that way, even against their consent.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0198.jp2"}, "199": {"fulltext": "MISCELLANEOUS PROVISIONS 193\\nearly part of 1789, Senators, Representatives, and\\nPresidential Electors were chosen by the States. In\\nFebruary, 1789, General Washington was elected\\nPresident by the Electors, and was inaugurated April\\n30th following, when the 1st Constitutional Congress\\nassembled.\\nCHAPTER XLI\\nTHE FIRST TWELVE AMENDMENTS\\n1. Iii General It is remarkable that during so long\\na period the Constitution lias received so few changes.\\nUp to 18G5, though twelve amendments had been\\nadded, only the last two of them had made any altera-\\ntion in the original provisions. This proves the wisdom\\nand skill of the patriots who framed it, to whom we\\nshould be ever duly grateful for having furnished our\\ncountry with so admirable a bulwark of liberty.\\n2. Bill of Rights This is a name given to the first\\nten amendments, because they contain a list of the\\nrights deemed most important to the liberty of the\\npeople. These amendments do not change any original\\nprovision of the Constitution. They act merely as\\nrestrictions and limitations upon the powers of Con-\\ngress, and were deemed unnecessary by those who\\nframed the Constitution, for the reason that those\\nrights were so generally acknowledged, and that the\\npowers of Congress were limited to those expressly\\ngranted to it. But as several of the State conventions\\nhad, at the time of adopting the Constitution, expressed\\na desire that declarations and guaranties of certain\\nrights should be added, in order to prevent miscon-\\nstruction and abuse, the first Congress, at its first ses-\\n13", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0199.jp2"}, "200": {"fulltext": "194 NATIONAL GOVERNMENT\\nsion, proposed twelve amendments, ten of which were\\nratified by the requisite number of States.\\n3. Its Purpose As long as popular liberty lasted\\nsufficient to maintain any part of the Constitution it\\nis not probable that any of these rights would have\\nbeen violated, even had they remained unexpressed.\\nAnd yet it was of value to express them. They are\\nthus kept in the mind of all, serving as reminders,\\nboth to the ambitious man who in his power grows\\nneglectful of the people s rights, and to the people\\nthemselves, who sometimes, through excitement and\\nsudden indignation, are inclined to forget the rights\\nthey have guaranteed to every one. It is important\\nto remember that the first eight amendments affect\\nonly Congress and the national courts, not the State\\nlegislatures. For this reason similar provisions are\\noften inserted in State constitutions, to bind the State\\nlegislatures and courts. We will refer briefly to\\nthese amendments in their order.\\n4. Religious Freedom The object of the 1st\\nAmendment was to prevent the National Government\\nfrom abridging religious freedom in any degree\\n(84, 82). In England, though all were free to worship\\nas they chose, yet there was an established church,\\nsupported by the government. Here it was thought\\nbest not only to have perfect liberty in religion, but\\nalso to have the Church and State entirely separate.\\n5. Freedom of Speech and of the Press These\\nhave been before defined (page 1(3). Congress is for-\\nbidden to pass any law abridging them (84). The\\nobject of this provision was not to allow one to go\\nunpunished who uttered slander or published libel. It\\nwas intended to prevent all use of those means which", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0200.jp2"}, "201": {"fulltext": "MISCELLANEOUS PROVISIONS 105\\nin former times had been used to repress the people,\\nby forbidding them to speak or write on certain sub-\\njects unless licensed by the government beforehand.\\nAt one time it was the law in certain countries that\\neven the Bible should not be printed except in a cer-\\ntain language, which the people did not understand.\\nSo, also, governments would require all hooks to he\\nlicensed before they could be printed, and would forbid\\nthe utterance of any criticism, no matter how just or\\nhonest, against them or their officers.\\n6. Rig-lit to Assemble So, too, Congress is for-\\nbidden to pass any law abridging the right of the\\npeople to assemble and present petitions the govern-\\nment (84). Under pretence of preventing insurrection\\ngovernments have at times denied the people this right.\\n7. Right to Keep Anns Tl lis means the right of\\nevery one to own and use, in a peaceful manner, war-\\nlike weapons; Congress is forbidden to pass any law\\ninfringing the right (85). It was thought that with-\\nout it, ambitious men might, by the aid of the regular\\narmy, overthrow the liberties of the people and usurp\\nthe powers of government.\\n8. Quartering of Soldiers in Private Houses The\\n3d Amendment arose from a, remembrance of past\\nexperience (86). Among the grievances enumerated\\nin the Declaration of Independence was one for\\nquartering large bodies of armed troops among the\\npeople of the Colonies.\\n9. Searches and Seizures A search-warrant is a\\npaper issued by a court directing a person s premises\\nto be searched, because it is suspected there is stolen\\nproperty there or property subject to duty. A seizure\\nis the taking of such property, or the arrest of the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0201.jp2"}, "202": {"fulltext": "196 NATIONAL GOVERNMENT\\nperson, by the officer. In the early times of English\\nhistory these had been converted into instruments of\\ntyrann} r Search-warrants had been sometimes granted\\nwhen no accusation had been made, and in blank, so\\nthat by rilling out the blank the officer could search\\nany house he chose. The 4th Amendment forbids\\nCongress to pass any law authorizing warrants to issue,\\nexcept when good cause is shown, and supported by\\noath (87).\\n10. Criminal Proceedings The object of most of\\nthe provisions of the 5th and 6th Amendments is the\\nprotection of one accused of crime. Popular opinion\\nis generally hasty in cases of crime, and the rights\\nnamed in these amendments, most of which are easily\\nunderstood,** are such as had been found necessary in\\nthe history of justice in England to save innocent per-\\nsons from punishment. By them Congress is forbidden\\nto pass any law infringing these rights (88, 89). So\\nimportant was the trial by jury in criminal cases con-\\nsidered, that it had been inserted in the body of the\\nConstitution (69).\\n11. Private Property Every government of un-\\nlimited powers has the right to take the private prop-\\nerty of any person, for some public use, and it may be\\ndone even without compensation. This is called the\\nright of eminent domain. But even in those cases\\nwhere Congress has this right, the 5th Amendment\\nforbids its exercise without just compensation being\\npaid the private owner (88).\\n12. Trial by Jury in Civil Cases We have seen\\nthat the jury trial is secured in criminal cases (69).\\nIn the 5th Amendment twice put in jeopardy means tried\\nagain after having been once acquitted.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0202.jp2"}, "203": {"fulltext": "MISCELLANEOUS PROVISIONS 19?\\nThe 7th Amendment requires it in civil cases also\\n(90). Both these provisions refer only to cases in\\nUnited States courts. The 7th Amendment also pro-\\nvides what the effect of a jury s verdict shall be. By\\nthe rules of the common law, when the jury had\\nrendered a decision upon a question of fact upon\\nwhich some witnesses had testified in one way and\\nothers in another, that question could not be re-exam-\\nined in a higher court. After the passage of the Con-\\nstitution it was thought that the clause which gives\\nthe Supreme Court appellate jurisdiction both as to\\nlaw and fact (68) might give it power to overthrow\\nthe verdict of a jury, and therefore this amendment\\nwas added. Thus we see how carefully the Constitu-\\ntion protects the security, liberty, and property of\\nthe people.\\n13. Excessive Bail Bail has been described (page\\n88). But it will be seen that the amount of the bond\\nmight be fixed so high as to prevent persons accused\\nof crime from procuring the necessary sureties;\\nwhereby innocent persons might be subjected to long\\nimprisonment before the time of trial. To prevent\\nthis in the United States courts is the object of the\\n8th Amendment. So, also, the degree of punishment is\\noften left to the discretion of the court, as in the case\\nof treason, where any amount of fine over $10,000\\nmay be imposed. This amendment serves as a safe-\\nguard against excess (91).\\n14. Rights of People There were those who\\nThe amendment says suits at common law. These are dis-\\ntinguished from suits in equity or admiralty. It is unnecessary to\\ngive the meanings of these terms here. Common law suits\\ninclude a large majority of all civil cases.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0203.jp2"}, "204": {"fulltext": "198 NATIONAL GOVERNMENT\\nfeared that because the Constitution mentioned certain\\nrights as belonging to the people, those not mentioned\\nmight be considered as having been surrendered to\\nthe General Government, or as having never existed.\\nTo prevent such possible misconstruction was the ob-\\nject of the 9th Amendment (92).\\n15. Powers not Delegated So, also, the 10th\\nAmendment was strictly unnecessary, for it is self-\\nevident that what one has and does not give away he\\nstill retains (see page 140). But many were fearful\\nthat the central government might absorb the powers\\nrightfully belonging to the States, and this was in-\\nserted to prevent such abuse (93).\\n16. Suits against States No State court can enter-\\ntain any suit against a State. The 11th Amendment\\nforbids the United States courts to entertain them\\n(except by one State against another) (94). During\\nthe Eevolution the States had issued bills of credit\\nwhich had not been paid. After the adoption of the\\nConstitution suits were brought against some of the\\nStates by private persons to enforce payment of these\\nbills of credit, and the Supreme Court decided that\\nunder the judicial clause (67) this could be done. It\\nwas in consequence of this decision that the amend-\\nment was passed. Now there is no way for a private\\nperson to sue a State in any court. It is thought\\nbest to leave a State free to settle its obligations in\\nits own way and in its own time.\\n17. Election of President This is the subject of\\nthe 12th amendment (95, 96), and has been else-\\nwhere treated (page 168). This amendment was\\nadopted in 1801. Under the plan first adopted the\\nchief opponent of the President became the Yice-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0204.jp2"}, "205": {"fulltext": "MISCELLANEOUS PROVISIONS 199\\nPresident, and as the country had become divided\\ninto two great opposing parties, they would naturally\\nbelong each to one of those. Now the Vice-President\\nwill usually belong to the same party as the President.\\nMany have doubted the wisdom of this change.\\nCHAPTER XLII\\nTHE 13TH, 14TH, AND 15TH AMKNPM k.nts\\n1. iii General These three amendments were the\\nlogical political result of the Civil War. Its ultimate\\ncause was negro slavery; its final result, the raising of\\nthe negro to an equality before the law with the white\\nman. These amendments differ from the others in this\\nrespect, that they are binding on the States as well as\\non the National Government. The States are named\\nin them.\\n2. Slavery In 1863 President Lincoln had issued\\nthe Emancipation Proclamation. Whether this had\\nany legal effect or not, the adoption of the 13th\\nAmendment in 1805 did abolish slavery throughout\\nthe country (98).\\n3. Civil Rights But it is evident that a person,\\nthough not a slave, may not have all the civil rights\\nof others, as the right to acquire, hold, or sell prop-\\nerty, to engage in trade, to live where he pleases, etc.\\nThe slaves, emerging from slavery, had no civil rights.\\nBut by the 11th Amendment they are made citizens\\nand all civil rights bestowed upon them (99). This\\nwas the second step in the elevation of the negro.\\n4. Apportionment of Representatives Thus\\n4,000,000 people were added to the number of citizens", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0205.jp2"}, "206": {"fulltext": "200 NATIONAL GOVERNMENT\\nin the United States, and they should be represented\\nin the House. Therefore the total population was\\nmade the basis of representation. But it was antici-\\npated that the Southern States might not give the\\nnegro the right to vote, and thus he would be deprived\\nof his representation in the House, while the white\\npopulation of the South would derive all the gain\\nfrom the increased representation, and therefore it\\nwas provided that whenever any State denied the suf-\\nfrage to any male citizens of the United States, its\\nEepresentatives should be proportionately decreased\\nin number (100).\\n5. Political Disabilities We have seen that all\\nofficers of any State or the United States were re-\\nquired (82) to take an oath to support the Constitu-\\ntion. The North considered that engaging in war\\nagainst the National Government was attempting to\\nsubvert the Constitution, and therefore a breach of\\nthat oath. Therefore it was thought best to deprive\\nsuch as had taken the oath and afterward engaged in\\nwar against the Union, of the right to hold office\\n(101). But Congress was allowed to remove the dis-\\nability, and has done so in case of all but a very few.\\n6. National Debt The 14th Amendment also rec-\\nognizes and declares the validity of the national debt,\\nbut forbids the payment of any debt incurred in aid\\nof rebellion, or any claim for the emancipation of the\\nslaves (102). The South had incurred a large debt in\\nthe war, which was thus made void.\\n7. Right of Suffrage\u00e2\u0080\u0094 But though the colored race\\nhad all the civil rights, it had not as yet the right to\\nvote. We have seen that the qualifications of voters\\nis a matter belonging to the State (pages 26, 148, note).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0206.jp2"}, "207": {"fulltext": "REVIEW QUESTIONS 201\\nBut by the 15th Amendment the State is forbidden to\\ndeny the right of suffrage to any one on account of\\nhis race, color, or previous condition of servitude\\n(103). Thus the third and final step was taken in the\\nconstitutional changes, by which the black man was\\nraised to a political equality with his fellow-man.\\n8. Final We have now completed our review of\\nthe National Government. The system established\\nby the Constitution is peculiar, and is not necessarily\\nsuited to other countries. But as we study the Con-\\nstitution our admiration for it should grow. The\\nmarvellous prosperity of the country, commercial and\\npolitical, up to 1860, proved how well suited it was to\\nour necessities, and the history of the years since the\\nCivil War has shown how well grounded it is in the\\nlove of the people.\\nREVIEW QUESTIONS\\nThe National Government\\nOrigin and Nature\\n1. How was this country governed prior to the Revolution\\n2. State the causes of the Revolution.\\n3. State the political effect upon the Colonies of the Declaration of\\nIndependence.\\n4. When was the Confederation formed How long did it last\\nState its principal defects.\\n5. State when the Union was formed. Its fundamental difference\\nfrom the Confederation. The chief differences in detail.\\n6. What is the difference between a Confederacy and a Nation\\n7. Give some instances showing the partial retention of the federa-\\ntive principle in the National Government.\\nLegislative Department\\n8. Name the six objects of the Constitution stated in the preamble.\\n9. How many members are there in the House of Representatives\\nBy whom elected For what term How apportioned", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0207.jp2"}, "208": {"fulltext": "202 REVIEW QUESTIONS\\namong the States at first How apportioned now Qualifi-\\ncations\\n10. Answer the same questions as to the Senate.\\n11. What is the object of two legislative houses\\n12. Is the Senate or House of the higher dignity Why\\n13. How often does Congress meet When Define A Congress.\\n14. By whom is impeachment made By whom tried\\n15. State the powers of each House as to its members, officers,\\nquorum, adjournment, rules, journal, yeas and nays.\\n16. What privilege have members of Congress as to arrest Why\\nAs to liberty of speech Why\\n17. What bills may originate in the House In the Senate\\n18. State the reason for the provision as to revenue bills.\\n19. Name all the ways in which a bill, having passed both Houses,\\nmay become a law.\\n20. State the fundamental difference between Congress and a State\\nlegislature as to the origin and extent of their powers.\\n21. Name the subjects on which Congress may legislate.\\n22. What taxes may Congress lay For what purposes\\n23. From what source does most of the national revenue now come\\n24. Why has Congress the power to regulate commerce? In what\\nways is it exercised Explain retaliation duties.\\n25. What is Protection Free Trade State the chief argument\\nfor each. Which is the policy of the United States\\n26. What is Registry of vessels Clearance and Entry\\n27. What is a citizen An alien Naturalization\\n28. What is a bankrupt law The power, why given to Congress\\n29. State the powers of Congress as to coinage as to weights and\\nmeasures as to the Post-Office. Why given\\n30. What is a copyright A patent What are their objects\\n31. What powers has Congress as to piracy as to offences under\\ninternational law Why given\\n32. Over what parts of the United States has Congress exclusive\\nauthority\\n33. Name some of the implied powers of Congress.\\n34. Who has the power to declare war Why\\n35. What are letters of marque What is prize\\n36. II ow is an army raised How does Congress control it\\n37. By whom may the militia be called out When\\n38. Name the prohibitions upon the United States.\\n39. What is habeas corpus A bill of attainder An ex post facto\\nlaw An appropriation by Congress\\n40. State the reason for the prohibitions as to titles of nobility.\\n41. Name the prohibitions upon the States.\\n42. State the difference between money and legal tender.\\n43. What is legal tender in the United States now\\nExecutive Department\\n44. What is the advantage of having but one President?\\n45. By whom is he elected For what term", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0208.jp2"}, "209": {"fulltext": "REVIEW QUESTIONS 203\\n46. What other modes were proposed? State the objections to\\nthem. What was the purpose of the present oner Was its\\npurpose accomplished V Why\\n47. Are Presidential Electors elected or appointed By whom\\nState their proceedings.\\n48. When does the House elect the President How docs it vote\\n49. What are the President s qualifications Salary\\n50. What are the duties of the Vice-President\\n51. State the President s powers as to the army and navy, reprieves\\nand pardons, treaties, and appointments.\\n52. What is the danger connected with this power of appointment\\n53. What is the purpose of tin; President s message\\n54. What is tlir most comprehensive duty r the President\\n55. Name the auxiliary executive departments, and their duties.\\nJudicial Depart incut\\n56. Explain the necessity for a national judiciary.\\n57. Name the national courts.\\n58. Can the United States be sued Why\\n59. What is the Court of Claims Bow are its judgments enforced\\n60. Are the judges appointed or elected By whom For what\\nterm\\n61. State the three classes of cases in which the United States courts\\nhave jurisdiction, with the reason in each case.\\n62. What is treason What proof necessary Its punishment.\\n63. Name the crimes which the United States may punish.\\nMtscellaneo us Pro i is io n s\\n64. State the provision of the Constitution as to the rights of citizens\\nof one State in another.\\n65. How are fugitive criminals returned\\n66. What protection must the United States extend to the States\\n67. How may the Constitution be amended\\n68. When a law of Congress and a State law are antagonistic, which\\nmust prevail A law of Congress and a State constitution\\n69. What persons are obliged to take the oath to support the Con-\\nstitution\\n70. How did the Constitution originally become binding on a State\\nHow does an amendment to it\\n71. How many Amendments are there What is the Bill of Rights\\nIts purpose\\n72. State the substance of each amendment, when it was passed, and\\nits purpose.\\n73. Can a State be sued by a State in a State court In a national\\ncourt\\n74. Can a State be sued by a private person in a State court In a\\nnational court Why", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0209.jp2"}, "210": {"fulltext": "", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0210.jp2"}, "211": {"fulltext": "THE GOVERNMENT\\nOF ILLINOIS\\nBY\\nHARRY PRATT JUDSON, LL.D.\\nPROFESSOR OF POLITICAL SCIKNCE, THE UNIVERSITY OF CHICAGO\\nNEW YORK\\nMAYNARD, MERRILL, CO., Publishers\\n29, 31, and 33 East 19th Street\\n1900", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0211.jp2"}, "212": {"fulltext": "9kclaj y /goo\\n62637\\nCopyright, 1900, by\\nMAYNARD, MERRILL, CO.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0212.jp2"}, "213": {"fulltext": "THE GOVERNMENT OF ILLINOIS\\nCHAPTER I\\nHISTORICAL SKETCH\\nTHE SETTLEMENT OF NORTH AMERICA\\n1. English, French, and Spanish\u00e2\u0080\u0094 The principal\\nEuropean settlements in North America were made\\nby the English, the French, and the Spanish. The\\nEnglish settlers made their first homes at various\\nplaces along the Atlantic coast, from Maine to\\nGeorgia. The French established themselves in Xova\\nScotia and New Brunswick (Acadia), on the hanks\\nof the St. Lawrence River and of the great Lakes,\\nat New Orleans, and at other points on the Missis-\\nsippi River and its tributaries. The Spanish set-\\ntled most of the West India islands, Florida, and all\\nthe vast country from California to the Isthmus of\\nPanama.\\nSt. Augustine, the first Spanish settlement on the\\nmainland within the present limits of the United\\nStates, was founded in 1565. In 1607 the English\\nmade their first permanent settlement at Jamestown,\\nin Virginia. The French settled Quebec in 1608.\\nA previous attempt at settlement in North Carolina had failed.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0213.jp2"}, "214": {"fulltext": "4 THE GOVERNMENT OF ILLINOIS\\n2. Hollanders and Swedes New York was settled\\noriginally by people from Holland, and Delaware by\\nSwedes. But later both of these colonies were seized\\nby the English, and numbers of English settlers fol-\\nlowed. Thus the whole Atlantic shore between Acadia\\nand Florida was English.\\n3. Colonies of England The land occupied by a\\nsettlement, or by a closely united group of settlements,\\nwas called a colony. The English made thirteen\\nof these colonies along the sea-coast, the settlers as\\ntime passed on gradually pushing farther and farther\\ninland. There were, in fact, more than thirteen at\\none time or another, but several were united at differ-\\nent times, so that in the end there were only thirteen.\\nEach colony had a government quite separate from\\nthat of the others. It was this fact which distin-\\nguished the colonies one from another, and it was the\\nfact of a common government which united several\\nsettlements into a single colony.\\nIn the last years of the English dominion in what\\nis now the eastern part of the United States, the thir-\\nteen colonies were New Hampshire, Massachusetts,\\nRhode Island, Connecticut, New York, New Jersey,\\nPennsylvania, Delaware, Maryland, Virginia, North\\nCarolina, South Carolina, and Georgia.\\n4. Colonies of France The French had lost their\\ncolonies. Their settlements included Acadia, New-\\nfoundland, Canada, and Louisiana, the last consisting\\nof all the land between the Mississippi River and the\\nRocky Mountains. They claimed, too, all the land\\nbetween the Mississippi and the Alleghanies, counting\\nit sometimes as dart of Louisiana and sometimes as\\npart of Canada. The main French settlements were", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0214.jp2"}, "215": {"fulltext": "HISTORICAL SKETCH\\nat Quebec, Montreal, and New Orleans. They also\\nhad stations at Detroit, at Mackinac island, at several\\npoints in the present States of Indiana and Illinois,\\nand at various other places. But in a long series\\nof wars between France and England the French\\nwere repeatedly defeated, and were finally compelled\\nto give up all these colonies. Newfoundland, Acadia,\\nCanada, and the land east of the Mississippi were\\nyielded to England. Louisiana (comprising New Or-\\nleans and the land from the Mississippi to the Rocky\\nMountains) was ceded to Spain, to compensate that\\ncountry for its losses in lighting as an ally of France.\\nFlorida, including not merely the State of that name\\nbut also the southern part of the States of Alabama\\nand Mississippi, was given to England by Spain in\\nexchange for Cuba, which the English had captured.\\nThe last treaty involving these great cessions of ter-\\nritory was made in 1703.\\n5. Government of the English Colonies The\\nthirteen English settled colonies were all governed in\\nvery much the same way. Each of them elected by\\na popular vote a legislature, which was empowered\\nto make laws for the colony. The legislature might\\nmake any laws which were not contrary to the laws\\nof England. In nearly all the colonies there were a\\ngovernor and a number of judges for the law courts,\\nappointed by the English king. In Connecticut and\\nRhode Island the people elected the governor and he\\nappointed the judges. In Pennsylvania and Mary-\\nland the governor and judges were appointed by the\\nEnglish proprietor, for these two colonies were the\\nproperty of certain English families to which the king\\nhad given the land before it was settled.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0215.jp2"}, "216": {"fulltext": "6 THE GOVERNMENT OF ILLINOIS\\n6. Extent of the English Colonies The territory\\nwhich the colonies covered, or which they claimed\\nto cover, was in many cases considerably more exten-\\nsile than is that of the present States of the same\\nnames. Rhode Island, New Jersey, Pennsylvania,\\nDelaware, and Maryland claimed no more land as\\ncolonies than they now have as States. But the\\npresent State of Maine was a part of the colony of\\nMassachusetts. The present State of Vermont was\\nclaimed by New Hampshire and New York. Besides\\nthis, the colonies of Massachusetts, Connecticut, New\\nYork, Yirginia, the Carolinas, and Georgia claimed\\nthat their western boundary was the Mississippi\\nRiver.\\nThe original English settlers obtained their legal\\ntitle to the land from the king. The mainland of\\nNorth America was discovered in 1497 by Cabot, an\\nEnglish voyager, who sailed along the coast from\\nLabrador to some point near Florida. On the ground\\nof this discovery England claimed to own the con-\\ntinent between the northernmost and the southern-\\nmost limits of Cabot s voyage, and as far west as the\\nland extended i.e., to the Pacific. By existing Eng-\\nlish custom land so claimed was part of the royal\\ndomain, and hence directly controlled by the king and\\nnot by parliament. Accordingly, when companies were\\nformed to effect settlement, it was from the king that\\nthey obtained a grant of the soil and of jurisdiction\\nover it.\\nThese grants of the king charters they are\\nusually called in many cases defined the territory\\nconveyed as extending clear across the continent to\\nthe Pacific Ocean. That was the case with the char-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0216.jp2"}, "217": {"fulltext": "HISTORICAL SKETCH 7\\nters of Massachusetts, Connecticut, Virginia, the two\\nCarolinas, and Georgia. In L763, however, the treaty\\nby which France yielded to England ail French claims\\nin America east of the Mississippi contained also a\\nstipulation whereby England in turn renounce* 1 her\\nclaim to any of the soil west of that river. The effect\\nof this of course was to cut off the western extent of\\nthe colonies above noted at the great river.\\nIt should also be observed that when the king gave\\nNew York to his brother, the Duke of York, in 1 W 4,\\nand Pennsylvania to William Penn, in 1681, he merely\\nrescinded the Massachusetts and Connecticut grants of\\nhis predecessors so far as the land of the two former\\ncolonies was concerned. However, the two New Eng-\\nland colonies continued to claim title to the land\\nwithin the limits of their original grants west of Penn-\\nsylvania.\\n7. Independence of the Colonies In 177 the\\nthirteen original English colonies, becoming dissatis-\\nfied with the government at London, and failing to\\nobtain the concessions which they demanded, took\\nup arms, and a long civil Avar followed. The colonies\\nsent delegates to a Congress at Philadelphia for\\nthe management of their common concerns, and in\\n1776 this Congress declared the independence of the\\ncolonies, under the name of the United States of\\nAmerica. From this time the Americans dropped the\\nterm colony, the word state being substituted.\\nThe thirteen States in 17S1 adopted a constitution for\\ntheir common government, this document being called\\nArticles of Confederation. Two years later the\\nAvar came to an end, Great Britain recognizing the\\nindependence of the United States. Thus the Ameri-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0217.jp2"}, "218": {"fulltext": "8 THE GOVERNMENT OF ILLINOIS\\ncan Republic became a nation, with a government of\\nits own.\\n8. The Constitution The Articles of Confedera-\\ntion proved very unsatisfactory. In order to form a\\nbetter government a convention met at Philadelphia\\nin 1787, the members being appointed by the legisla-\\ntures of the various States, and agreed on a new plan,\\nwhich they called the Constitution of the United\\nStates. This plan the States accepted, and in 1789\\nthe government under this Constitution began its\\nwork.\\n9. Old States and New States The States which\\nadopted the Constitution were the thirteen which had\\nunited under the Articles of Confederation, which\\nhad declared their independence of Great Britain in\\n1776, and which had originally been British colonies.\\nBut one provision of the Constitution gave to the\\nCongress power to admit new States into the Union.*\\nThis power Congress has exercised repeatedly, until\\nnow (1899) there are forty-five States, the old thirteen\\nand thirty-two new ones.\\nTHE WESTERN TERRITORY OF THE REPUBLIC\\n10. The West Nearly all of these thirty-two new\\nStates at one time formed part of the territory which\\nbelonged to the Union as the property, not of the\\nseveral States, but of the republic. That from which\\nIllinois has been formed, however, was part of the\\nwestern land which, before the War of Independence,\\nwas claimed by several of the colonies.\\n*U. S. Const., Art. IV., \u00c2\u00a73.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0218.jp2"}, "219": {"fulltext": "HISTORICAL SKETCH 9\\n11. Land Claims \u00e2\u0080\u0094The land enclosed by the Alle-\\nghany Mountains, the Mississippi River, and the great\\nhikes was claimed by more than one Of the colonies, and\\nthey continued their claim after they became States.\\n12. Massachusetts claimed the land west of New\\nFork as far as the Mississippi, between her northern\\nand southern boundary lines, as Laid down in her char-\\nter \u00e2\u0080\u009442\u00c2\u00b0 2 and about 43 43 12 north latitude. This\\nstrip was not far from a hundred miles wide, and ex-\\ntended through the southern pari of the present States\\nof Michigan and Wisconsin and the northern pari of\\nIllinois. It included all of Illinois that lies north of\\nthe parallel 42\u00c2\u00b0 2 north latitude.\\n13. Connecticut claimed the land west of New Fork\\nand Pennsylvania as far as the Mississippi, between\\nher northern and southern boundary lines, as laid\\ndown in her charter 42\u00c2\u00b0 2 and 41 north latitude.\\nThe strip was about sixty-two miles wide, and ex-\\ntended through the northern parts of the present\\nStates of Ohio, Indiana, and Illinois, and the southern\\npart of Michigan.\\n14. Virginia claimed the land west to the Mississippi\\nRiver, between the northern and southern parallels of\\nlatitude laid down in her charter from the southern\\nboundary of the present State of Virginia carried west\\nas far as the Mississippi, to the parallel of 41\u00c2\u00b0 north\\nlatitude, and included between the Mississippi on the\\nwest and the present States of Virginia, Maryland,\\nand Penns}dvania on the east. This covered all the\\nState of Illinois south of the parallel of 41\u00c2\u00b0.\\nBy another explanation of the Virginia charter (of\\n1G09), the northern boundary of her possessions was\\nnot a parallel of latitude, but a line beginning at a", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0219.jp2"}, "220": {"fulltext": "10 THE GOVERNMENT OF ILLINOIS\\npoint on the Atlantic coast two hundred miles north\\nof Old Point Comfort and running northwest. This\\nwould have included the whole of Illinois within the\\nVirginia claim.\\nVirginia had another claim which covered Illinois.\\nWhen the Revolutionary War broke out, the few scat-\\ntered settlements north of the Ohio River were held\\nby British garrisons, and were made the starting-\\npoints of Indian raids against the American border\\nsettlements. In order to break up these raids, Vir-\\nginia, in 1778, sent a small army of State troops under\\nGen. George Rogers Clarke to attack the British gar-\\nrisonp. The expedition was successful. Clarke cap-\\ntured the posts of Kaskaskia and Cahokia (in Illinois)\\nand Vincennes (in Indiana), and thus when the war\\ncame to an end in 1783 a great part of the land\\nbeyond the Ohio was in the actual possession of Vir-\\nginia. By reason of this conquest Virginia claimed\\ntitle to all the territory from, the Ohio to the great\\nlakes. This claim also included all of Illinois.\\n15. The State of New York also claimed the terri-\\ntory west of the Alleghany Mountains, but on quite\\na different ground treaties between New York and\\nthe Indian Six Nations. These were a confederacy\\nof tribes living within the limits of the present State\\nof New York. They were fierce and warlike savages,\\nand before the American War of Independence had\\nsucceeded in overcoming their Indian neighbors on all\\nsides. Their Avar parties roamed as far west as the\\nMississippi, and compelled the conquered tribes to ad-\\nmit some sort of supremacy of the victors. Then the\\nauthorities of New York made several treaties with\\nthe Indian confederacy, by which in turn that colony", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0220.jp2"}, "221": {"fulltext": "HISTORICAL SKETCH 11\\nacquired a supremacy over the Six Nations and their\\nland. Accordingly New York claimed all the land\\nwhich the confederacy had conquered, which meant\\nabout all the space enclosed by the Allegbanies, the\\ngreat lakes, and the Mississippi, it will he seen that\\nthis, too, included all of Illinois.\\nHi. Western Land Ceded to the United States\\nThese conflicting claims to the same land on the part\\nof Massachusetts, Connecticut, New Fork, and Vir-\\nginia led to many disputes and much trouble. In-\\ndeed there were other claims than those which have\\nbeen detailed, which were settled only with great\\ndifficulty. But it was clear that the rivalry for the\\nvast domain beyond the Ohio would strain the repub-\\nlic seriously. In fact, tin 4 State of Maryland, which\\nmade no claim to western land, would not consent to\\nthe Articles of Confederation until it was settled that\\nthe claimant States would cede their western terri-\\ntory to the Union. New York led the way in 17 s\\nand the other States followed not long after. The\\nVirginia cession was made in 17S4. and comprised all\\nthe land northwest of the Ohio River. The cession\\nof Massachusetts was made in 17S4, and that of Con-\\nnecticut in 1780. Thus the land included within the\\npresent State of Illinois came to be owned by the\\nUnited States.\\nThe cessions by the States, with some few excep-\\ntions, gave to the Union both the ownership of the\\nsoil and governmental jurisdiction over it. One of\\nthe exceptions was the stipulation that the white set-\\ntlers (mostly French) already living in the ceded ter-\\nritory should continue to own the farms and homes\\nwhich they already occupied.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0221.jp2"}, "222": {"fulltext": "12 THE GOVERNMENT OF ILLINOIS\\nTHE GOVERNMENT OF THE CEDED TERRITORY\\n17. French Settlers The first white settlers within\\nthe limits of .Illinois Avere French. The main French\\nsettlements in North America, it will be remembered,\\nwere at Quebec and Montreal, on the St. Lawrence,\\nand at New Orleans, near the mouth of the Missis-\\nsippi. Communication between these remote points\\nwas effected by means of boats, which were paddled\\nup the great lakes and up some stream which flowed\\ninto the lakes, were then carried overland and launched\\nagain in a stream whose waters flowed toward the\\nMississippi, and thus in time floated down the great\\nriver to New Orleans.\\nThere were several of these routes between the lakes\\nand the Mississippi, each with its portage, as the\\npath was called over which the boats were carried\\nfrom stream to stream. One was up Green Bay and\\nFox River, and then down the Wisconsin River to the\\nMississippi; another was up the Chicago River, and\\ndown the Desplaines and the Illinois; another was up\\nthe St. Joseph s River, and down the Kankakee and\\nthe Illinois. There were also several ways of reaching\\nthe Ohio River from the lakes, one being by way of\\nthe Wabash River. The route by the Illinois River\\nwas a favorite one, as the streams traversed have a\\ncomparatively sluggish current, and their headwaters\\nare so interlaced that the portages are not very long\\nor difficult.\\nFor the protection of these routes, as well as for the\\nprosecution of the fur trade with the Indians, small\\nsettlements were established at various points. Among", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0222.jp2"}, "223": {"fulltext": "HISTORICAL SKETCH 13\\nthem were Kaskaskia, on the river of that name near its\\njunction with the Mississippi: Cahokia, or the Missis-\\nsippi nearly opposite the present city of St. Louis: and\\nVincennes, on the [ndiana side of the Wabash River.\\nAt each of these places was a fort with a garrison of\\nFrench soldiers. The most elaborate French fort,\\nhowever, was Fort Chartres, on the Mississippi be-\\ntween Cahokia and the mouth of the Kaskaskia. Dur-\\ning the period of Frencli control, the Northwest was\\nsometimes a part of Louisiana, and so subject to the\\ngovernment at New Orleans; at other times a pari of\\nCanada, and so subject to the government at Quebec.\\n18. English Government -After the transfer of\\nthe territory to England in L763, English garrisons\\nreplaced those of France (1765), and the government\\nwas in the hands of the military officers at the various\\nposts. In 1774, however, an act of the British Par-\\nliament, the Quebec Act, extended the limits of\\nCanada to the Ohio and the Mississippi. This made\\nthe Illinois country subject to the British military\\ngovernment at Quebec. However, the same act of\\nParliament extended over all the province the old\\nFrencli law, to which the people were accustomed.\\n19. A County of Virginia\u00e2\u0080\u0094 In 1778 the Illinois coun-\\ntry was occupied by Virginia troops, and the legisla-\\nture of that State passed an act providing for a regular\\ncivil government. All the land north of the Ohio\\nwhich Virginia claimed was formed into a county\\nwhich was named Illinois. A military officer was\\nappointed to take charge of the civil government, with\\nthe title of lieutenant-commandant/ lie organized\\ncourts of law, and acted as a sort of deputy governor,\\nunder the governor of Virginia. This arrangement", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0223.jp2"}, "224": {"fulltext": "14 THE GOVERNMENT OF ILLINOIS\\nLasted until 17S4, when Virginia ceded her land claims\\nnorth of the Ohio to the United States. Congress did\\nnot immediately take any steps for the organization of\\nthe new territory, so for several years the settlers had\\npractically no government, excepting such as they\\nwere able to provide for themselves.\\n20. The Ordinance of 1787 In 1787 Congress at\\nlast took action for the proper government of the ter-\\nritory which had been ceded to the United States by\\nthe several States. The law which was passed was\\nthe famous Ordinance of 1787. All the ceded land\\nhounded by Pennsylvania, the Ohio River, the Missis-\\nsippi, and the great lakes was formed into a single\\nterritory to be known as the Territory Northwest of\\nthe Ohio River, more commonly known as the\\nNorthwest Territory. The government was to be\\nin the hands of a governor, secretary, and three\\njudges, to be appointed by Congress. The governor\\nand judges were empowered to select from the laws\\nof the existing States such as would be applicable\\nto the Territory. It was provided that as soon as\\nthere should be five thousand free white persons of\\nfull age in the Territory, there should be a law-\\nmaking body to be known as the General Assembly,\\nwhich should consist of the governor and two houses,\\nthe Legislative Council and the House of Representa-\\ntives. The members of the House of Representatives\\nwere to be elected by the people, the members of the\\nCouncil, Jive in number, were to be appointed by the\\nCongress from ten nominated by the House of Repre-\\nThe Congress under the Articles of Confederation the new Con-\\nstitution had not yet been adopted.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0224.jp2"}, "225": {"fulltext": "HISTORICAL SKETCH 15\\nsentatives. The General Assembly by joint ballol\\nwas to elect a delegate to Congress, who should have\\nthe right to speak, but not to vote.\\nAnother important stipulation was that the Terri-\\ntory in due time should be cut up into States, which\\nshould be admitted to the [Jnion on an exact equality\\nwith the old States. These new States should be not\\nless than three nor more than five in number. If\\nthere should be three Suites, the westernmost was t\\nhe bounded by the Mississippi, the Ohio, and Wabash\\nfivers, and by a line drawn from Vincennes due north\\nto the Internationa] boundary. It will he seen thai If\\nthis plan had been adopted, Illinois to-day would have\\nincluded all of Wisconsin, the upper peninsula of\\nMichigan, and Minnesota east of the Mississippi. But\\nit was also agreed that Congress might, if it thoughl\\nbest, form either one or two additional States from\\nthat part of the territory which should lie north of a\\ndue east and west line drawn through the most south-\\nerly point of Lake 1 Michigan. Had this plan been\\nexactly carried out. Illinois would have no part of the\\nshore of Lake 1 Michigan, hut Chicago and nearly all of\\nthe northern fourteen counties of the State would he\\na part of Wisconsin.\\n21. The Northwest Territory Congress appointed\\nGen. Arthur St. (lair, a Revolutionary veteran, as\\ngovernor of the Northwest Territory. The first\\nAmerican settlement was made at Marietta, in the\\npresent State of Ohio, in April, 17SS. In the follow-\\ning July Governor St. Clair arrived, and the terri-\\ntorial government was set in motion. One of his\\nearliest acts was to create a county to include Marietta\\nand the adjacent settlements, and to appoint officers", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0225.jp2"}, "226": {"fulltext": "16 THE GOVERNMENT OF ILLINOIS\\nfor its government. This county, which comprised all\\nof the present State of Ohio east of the Scioto River,\\nhe named Washington. It is the oldest county in the\\nStates which have been formed from the Northwest\\nTerritory.\\n22. The Ordinance under the Constitution In\\nthe spring of 1789 the new government of the United\\nStates under the Constitution went into operation.\\nAugust 7th of that year Congress amended the ordi-\\nnance of 1787, so that officers of the Territory to be\\nappointed by Congress were thereafter to be appointed\\nby the President with the approval of the Senate.\\nPresident Washington at once reappointed Governor\\nSt. Clair.\\n23. The First American Laws The first American\\nlaws which were supposed to be in force throughout\\nthe Illinois settlements were those selected by Gov-\\nernor St. Clair and the judges at Marietta in the sum-\\nmer of 1788. But, as a matter of fact, no provision\\nwas made at the outset for any legal organization in\\nthe remote parts of the Territory, and so the odd con-\\ndition which had prevailed since 1784 continued for\\nsome time longer.\\n24. St. Clair County In February, 1790, however,\\nat the suggestion of President Washington, Governor\\nSt. Clair arrived at Kaskaskia, and proceeded to or-\\nganize a suitable local government. He created a\\ncounty, which was named St. Clair, embracing all\\nof the present State of Illinois bounded by the Ohio,\\nthe Mississippi, and the Illinois rivers, and a line\\ndrawn from Fort Massac (on the Ohio) to the mouth\\nof the Mackinaw River. Within this county courts\\nof law were established, and a sheriff and county clerk", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0226.jp2"}, "227": {"fulltext": "HISTORIC A L SEE TCE 1 7\\nappointed. Caliokia was made the county seat. St.\\nClair County was the first within the limits of Illinois,\\nand the courts and officers appointed by Governor St.\\nClair formed the firsl Local government within Illinois\\nunder the laws of the United States.\\n25. Second Grade of Territorial Government In\\n1798, the white population of the Northwest Territory\\nhaving passed the minimum of five thousand pre-\\nscribed by the ordinance of L787, the governor and\\njudges ceased to have legislative powers, a territorial\\nlegislature taking their place. This made what is\\nknown as the second grade of government for a Terri-\\ntory. The people elected their representatives to the\\nlower house of this Legislature, two of the twenty-two\\nbeing chosen from the Illinois settlements. The Legis-\\nlature chose the secretary of the Territory, William\\nHenry Harrison (afterward President of the United\\nStates), as delegate to Congress.\\n\u00c2\u00a356. The Territory of Indiana In 1800 the North-\\nwest Territory was divided by act of Congress, the\\nportion lying west of a line drawn from the Ohio at\\nthe month of the Kentucky River to Fort Recovery,\\nand thence due north to the British boundary, being\\norganized as the Territory of Indiana. The capital of\\nthe new Territory was put at Vincennes. The gov-\\nernment of Indiana Territory was made of the first\\ngrade, like that of the Northwest Territory before\\n1798. President John Adams appointed the terri-\\ntorial delegate in Congress, William Henry Harrison.\\nas governor of Indiana.\\n27. The Second Grade for Indiana The act of\\n1800 provided that Indiana might have a government\\nof the second grade whenever the people should so", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0227.jp2"}, "228": {"fulltext": "18 THE GOVERNMENT OF ILLINOIS\\nvote. An election was held on that question in 1804,\\nand the majority was in the affirmative. Accordingly\\nGovernor Harrison issued a proclamation calling an\\nelection for nine representatives to form the lower\\nhouse of the legislature. This body was duly organ-\\nized in 1805.\\n28. The Boundaries of Indiana Changed When\\nOhio was admitted to the Union as a State (1802), the\\neastern boundary of Indiana Territory was moved to\\nthe east, the new line beginning at the mouth of the\\nGreat Miami River. In 1805 (January 11th) the\\nnorthern part of Indiana Territory was cut off and\\nformed into the Territory of Michigan. The southern\\nboundary was a line drawn from the southernmost\\npoint of Lake Michigan east to Lake Erie the western\\nboundary was a line drawn from the same southern-\\nmost point of Lake Michigan through the middle of\\nthat lake to its northern extremity, and thence due\\nnorth to the British line. Indiana Territory there-\\nafter included nearly all of the present States of\\nIndiana and Illinois, together with all of Wisconsin\\nand the eastern part of Minnesota.\\nILLINOIS A TERRITORY\\n29. The Act of 1800\u00e2\u0080\u0094 There was much discord be-\\ntween the eastern and western parts of Indiana. The\\nsettlements in the Illinois country and those about the\\nWabash River were separated by many miles of unin-\\nhabited land, and their interests were quite different.\\nThese facts led to an earnest movement in favor of a\\nstill further division of the Territory. Congress was\\nfinally induced to grant the request, and in 1809 (Feb-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0228.jp2"}, "229": {"fulltext": "HISTORICAL sketch 19\\nruary 3d) passed an act creating the Territory of Illi-\\nnois. It was to take effect on the first day of March\\nin that year. The Territory was bounded by the Mis-\\nsissippi, the Ohio, the Wabash, a line due north from\\nVincennes, and the British boundary. The govern-\\nment was to be of the first grade, like thai originally\\nput in force for the Northwest Territory and in the\\nTerritory of Indiana, with the proviso, however, that\\nehange might be made to the second grade whenever\\nsatisfactor}^ evidence should be given to the governor\\nthat such was the desire of a majority of the free-\\nholders (landowners). The capital was fixed at Kas-\\nkaskia. On the recommendation of Henry Clay.\\nJudge Ninian Edwards, of Kentucky, was appointed\\ngovernor of Illinois (April, 1809) by President Madi-\\nson. In 1812 the Territory was advanced to the sec-\\nond grade of government, Congress, however, allow-\\ning both houses of the legislature to be elected by\\nthe people.\\n30. Population At the time of the treaty of L763,\\nthe French settlements in the Illinois country were\\nestimated to number about 2,000 white people, with\\nperhaps 900 negroes (mostly slaves). Many of these\\ncrossed the Mississippi in order to escape from the\\nrule of their hereditary enemies, the British. After\\nClarke s conquest in 1778 American settlers began to\\ncome to the country, but for some years the immigra-\\ntion probably hardly exceeded the emigration of the\\nold French settlers. In 1800 it was estimated that\\nthere were 2,000 whites in the Illinois country 1,200\\nFrench and 800 Americans. The census of that year\\ngave a total population of 50,946 in the whole North-\\nwest Territory, Indians, of course, not included.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0229.jp2"}, "230": {"fulltext": "20 THE GOVERNMENT OF ILLINOIS\\nWhen the Indiana Territory was formed, in 1800, it\\nwas supposed to contain about 5,000 whites, with per-\\nhaps 100,000 Indians. The Illinois Territory, in 1809,\\nwas conjectured to have about 9,000 whites. The\\ncensus of 1810 showed a population of 12,282.\\nILLINOIS A STATE\\n31. Enabling Act of 1818\u00e2\u0080\u0094 After the War of 1812\\nmigration flowed steadily into the Territory, so that\\nby 1818 there were supposed to be 40,000 people.\\nThe census of 1820 gave Illinois 55,162. A petition\\nfrom the people of the Territory for statehood was\\nheeded by Congress, an act being passed April 18,\\n1818, defining the boundaries of the proposed State,\\nand authorizing the people to hold a convention for\\nthe formation of a State constitution.\\n32. Boundaries of the State The eastern boundary\\nof the Territory had been altered slightly in 1816,\\nwhen Indiana was admitted as a State. The line\\nfixed at that time followed the middle of the Wabash\\nKiver from its mouth, to a point where a due north\\nline drawn from the town of Yincennes would last\\ntouch the nortlnvestern shore of the said river, and\\nfrom thence by a due north line until the same shall\\nintersect an east and west line drawn through a point\\nten miles north of the southern extreme of Lake\\nMichigan.\\nIn thus fixing the boundary of Indiana, two things\\nare to be noticed. The first is, that the new line from\\nthe mouth of the Wabash was so drawn that no part\\nEnabling Act for Indiana, 1810, 2.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0230.jp2"}, "231": {"fulltext": "HISTORIC A L 8KETC 7/ 2 i\\nof the eastern shore should be in Illinois, a much more\\nconvenient arrangement than was afforded by the act\\nof 1809. The second thing is that, contrary to the\\nprovision of the ordinance of L787, Indiana was car-\\nried ten miles north of the east and west line drawn\\nthrough the southernmost point of Lake Michigan.\\nThis was for the purpose of giving the new State a\\nfrontage on the great lake.\\nIn the enabling act for Illinois, the eastern line was\\nmade the western line of Indiana. Then from the\\nnorthwestern corner of that State the Illinois line was\\nmade to run east to the middle of hake Michigan,\\nthence north, along the middle of the lake, to the lati-\\ntude of 42\u00c2\u00b0 30 thence west to the Mississippi River.\\nThence the line ran down the middle of the river to\\nthe Ohio, and thence along the northwestern shore of\\nthe Ohio to the point of beginning at the mouth of\\nthe Wabash.*\\nBy the terms of the ordinance of 17*7 the north line\\nof the State would have been an east and west line\\ndrawn through the southernmost point ol Lake Michi-\\ngan; in other words, the line of north latitude, 41\u00c2\u00b0 37\\n7.9 The northerly extension to 42\u00c2\u00b0 30 was for the\\nsake of giving Illinois also a frontage on the lake. In\\nlater years the people of Wisconsin and those of the\\nnorthern counties of Illinois remonstrated vigorously\\nagainst the expansion of Illinois.\\n33. Illinois Admitted to the Union The conven-\\ntion provided in the enabling act was duly elected by\\nthe people, and met at Kaskaskia in July, ISIS. On\\nthe 26th of August a constitution for the State was\\nEnablim", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0231.jp2"}, "232": {"fulltext": "22 THE GOVERNMENT OF ILLINOIS\\nadopted by the convention, and on the 3d of Decem-\\nber Congress accepted the same and declared Illinois\\nduly admitted as a State of the Union. Meanwhile\\nan election for State officers had been held, and the\\nlegislature met for organization in October. In Jan-\\nuary, 1819, the month after Congress had formally\\nadmitted Illinois to the Union, the legislature recon-\\nvened at Ivaskaskia, and the machinery of State gov-\\nernment was put in motion.\\n34. Constitution of 1818\u00e2\u0080\u0094 The Constitution of 1818\\nwas not submitted to the people for their approval.\\nBy its provisions not many State offices w r ere elec-\\ntive. The people chose the governor, lieutenant-gov-\\nernor, and members of the two houses of the legis-\\nlature, besides the sheriff and coroner in each county.\\nThe judges and nearly all other State officers were\\nchosen by the legislature. The governor did not have\\nthe veto power. In various other ways the first Con-\\nstitution of the State did not prove wholly satisfac-\\ntory still it continued the supreme law of the State\\nfor thirty years.\\n35. Constitution of 1848 In 1847 a second con-\\nvention was held and a new constitution was drawn\\nup. This was referred to the people, and was ratified\\nat an election held in March, 1848. The Constitution\\nwent into effect April 1st following.\\n36. Proposed New Constitution of 1802\u00e2\u0080\u0094 In 1862\\na third constitutional convention was held, and a re-\\nvised constitution was submitted to the people, only\\nto be rejected by a decisive majority.\\n37. Constitution of 1 870 A fourth convention was\\nheld in L869 7 and a fourth plan for a constitution\\nwas devised. This, the third Constitution which Illi-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0232.jp2"}, "233": {"fulltext": "HISTORICAL SKETCH 23\\nnois lias had, was adopted by vote of the people, July\\n2, 187\\n:$s. The state Capitals The scat of the Territorial\\ngovernment of Illinois was Kaskaskia. and this was\\nalso the first State capital. The lonstitution of L818,\\nhowever, provided thai Congress should be petitioned\\nfor a grant of land on the Kaskaskia River, somewhat\\nnear the centre of the State (east and west), on which\\nshould be built a new town, which should be the\\nof government. Thereafter, and immediately, if the\\npetition should be denied, the legislature was author-\\nized to fix the capital at discretion.\\nCongress granted the petition, and commissioners\\nappointed by the State Legislature selected the site\\non. which the town of Vandalia was afterward built.\\nAs the land belonged to the State, lots were Bold to\\nprivate individuals, and with the proceeds public build-\\nings were erected. The State archives were removed\\nto Yandalia in December, L820.\\nBefore the twenty-year limit fixed in the Constitu-\\ntion of 1818 had expired, action was taken by the leg-\\nislature again to change the location of the capital.\\nThe growth of population had been very great in the\\nnorthern part of the State, and therefore an act was\\npassed in 1837 fixing the seat of government at Spring-\\nfield, where it has since remained. The change was\\nactually made in December, 1830.\\n39. The Metropolis Chicago at the outset was\\nmerely a United States fort Fort Dearborn which\\nwas situated on the shore of the Chicago River near\\nthe present Rush Street bridge. AVhen the plan of\\n111. Const, of 1818, Schedule. 13.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0233.jp2"}, "234": {"fulltext": "24 THE GOVERNMENT OF ILLINOIS\\nthe Illinois unci Michigan Canal was adopted, a strip\\nof land along its route, five miles wide on either side,\\nwas granted by Congress to the State of Illinois for\\nthe purpose of raising the money needed. In 1830 the\\nCanal Commission had a portion of this land surveyed\\nand laid out in town lots (p. 34). This was the town\\nof Chicago, and the sale of these lots brought the first\\nincome to the canal project. At that time there were\\nonly seven families residing in the vicinity outside of\\nFort Dearborn. In 1831 Cook County was organized,\\nwith far more than its present area, and Chicago was\\nmade the count}^ seat. In 1833 Chicago was incorpo-\\nrated as a village, the population being 350. In 1837\\na city charter was obtained, the population at the city\\ncensus in July of that year being 4,170. The popula-\\ntion by the census of 1890 was 1,099,850, and by the\\nschool census of 1898 was estimated at 1,851,588.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0234.jp2"}, "235": {"fulltext": "CHAPTER II\\nTHE LAND AND THE PEOPLE\\n1. Boundaries of Illinois The State of Illinois is\\nnearly surrounded by water the Mississippi River on\\nthe west, the Ohio River on the south, the Wabash\\nRiver on the cast, and hake Michigan on the north-\\ncast.\\n2. Rivers\u00e2\u0080\u0094 The rivers which How through the State\\nhave in most cases a southwesterly course, and empty\\ninto the Mississippi; the Rock, the Illinois, and the Kas-\\nkaskia being the principal ones. There are also some\\nsmall affluents of Lake Michigan and of the Wabash\\nand Ohio livers. The Desplaines, one of the two\\nstreams which unite to form the Illinois, rises near\\nLake Michigan, and flows not far from the Chicago and\\nCalumet rivers, a 111 uents of the lake. The Indians and\\nFrench explorers in the old days took advantage of\\nthis fact to carry their canoes over tin 1 short port-\\nage, and in this way to pass easily from the waters\\nof the lakes to the waters of the Mississippi. The\\ndivide between these two systems of water communi-\\ncation is so low that the State has pierced it with a\\nwaterway the Illinois and Michigan Canal and a\\ngreat drainage channel has also been cut, the effect of\\nwhich is expected to be that the Chicago River will\\nflow from the lake and will empty its waters into the\\nDesplaines.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0235.jp2"}, "236": {"fulltext": "26 THE GOVERNMENT OF ILLINOIS\\n3. Surface and Soil The surface of the State is\\nquite level, being for the most part prairie with rich\\nblack soil and with few trees. Two lines of hills are\\nfound, one in the north and one nearly in the extreme\\nsouth. The prairie soil makes the best of farm lands,\\nand the agricultural riches of Illinois are among the\\ngreatest in the Union.\\n4. Coal and Lead Bituminous coal is found in\\nmany parts of the State, and lead mines in the north-\\nwestern part, near Galena.\\n5. Railroads and Manufactures Railroads reach\\nin every direction, making travel and the transporta-\\ntion of merchandise easy and comparatively inexpen-\\nsive. Manufacturing industries of many kinds have\\nsprung up and nourish, affording employment to many\\nthousands of people. Thriving cities are found in\\nevery section Chicago, on Lake Michigan, being the\\nsecond city of the United States in population.\\n6. Indians The earliest white settlers of Illinois,\\nthe French from Canada, found its prairies possessed\\nby a number of Indian tribes. The most prominent\\nwere the Illinois Confederacy, from whom the river and\\nthe State have the name. This confederacy consisted\\nof five tribes the Tamaroas, Michigamies, Kaskaskias,\\nCaliokias, and Peorias and lived in the central and\\nsouthern parts of the State. Besides these there were\\nthe Shawnees, near the Ohio the Piankeshaws, in\\nthe southeast the Sacs and Foxes, in the northwest,\\nand the Kickapoos and Potawatamies, near Lake\\nMichigan. These tribes have long since disappeared\\nfrom the State, some few of their descendants being\\nfound in the Indian Territory and in reservations\\nelsewhere.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0236.jp2"}, "237": {"fulltext": "TIIE LAND AND THE PEOPLE\\n7. French The French settlements in Illinois wen\\nnot very many or very large. They were merely a\\nfew villages of farmers and fur-traders scattered along\\nthe Illinois, the Kaskaskia, and the Mississippi rivers.\\nKaskaskiawas the main settlement: Fort Chartres, on\\nthe Mississippi, was the chief stronghold. The total\\nnumber of French inhabitants in L765, when the Brit-\\nish took possession, probably did not exceed L,400 and\\nthat number was diminished rather than increased in\\nLater years. This did not include negro slaves, of\\nwhom then; were several hundred.\\n8. Americans\u00e2\u0080\u0094 After Illinois became a part of the\\nUnited States, American settlers began to find out the\\nvalue of its rich prairies, and so to come in consider-\\nable numbers. The only route followed for many\\nyears was by way of the Ohio River, and tin 4 early\\nA n lerican settlers came mostly from Southern Stales\\nKentucky, Tennessee, Virginia, and others. Their\\nsettlements were mainly in the southern pari of the\\nState. Later it became easier to travel by the great\\nlakes, and immigrants came in that way from North-\\nern and Eastern States.\\n9. European Immigrants When the great tide of\\nimmigration from Europe to America set in, large\\nnumbers came to Illinois from almost every European\\ncountry, Germany and the Scandinavian lands in par-\\nticular. The railroads, too, brought a still greater\\npopulation from Eastern States. The descendants of\\nall these different classes of immigrants compose the\\npeople of Illinois to-day. But whatever their an-\\ncestry, they are all Americans now.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0237.jp2"}, "238": {"fulltext": "CHAPTER III\\nPOLITICAL DIVISIONS OF THE STATE\\n1. Permanent and Temporary Divisions For con-\\nvenience of government the State is divided into a\\nnumber of smaller areas. Some of these are relatively\\npermcmmt i.e., they may be changed, and in fact\\nare changed more or less, but at the same time there\\nis no provision for their periodical change. Other\\ndivisions of the State are relatively temporary i.e.,\\nthey are intended to be changed at rather frequent\\nintervals.\\nA further difference between these two classes of\\nsubdivisions lies in the fact that in one of the perma-\\nnent areas many functions of government are per-\\nformed, while in one of the temporary areas there is\\ngenerally but a single function.\\nPERMANENT DIVISIONS\\n2. Counties First of all, the State is divided into\\ncounties. This is a division which the original English\\ncolonics introduced, copying it from England. It is\\nnow common to all the States. Louisiana calls the\\ndivisions parishes, it is true, but they are the same\\nthing.\\nThe first county established within the present limits\\nof Illinois was St. Clair. This was organized by Gov-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0238.jp2"}, "239": {"fulltext": "POLITICAL DIVISIONS OF TIIE STATE 29\\nernor St. Clair, of the Northwest Territory, in 17\\nand included all the land contained by the Mississippi,\\nthe Ohio, the Wabash, and the Illinois rivers and a\\nline drawn from the Wabash to the mouth of the Little\\nMackinaw Creek, at its confluence with the Illinois.\\nUnder the Constitution of the State, the power to\\norganize counties belongs to the Genera] Assembly.\\nThere are now 1 \u00c2\u00bb*2 counties in Illinois.\\nTin 1 power of the Legislature is limited, however, by\\nsome specific requirements. No action may he taken\\nwhich will make a county area to he less than 4\u00c2\u00ab o\\nsquare miles. IS o changes may he made in county\\nlines without the assent of the people concerned (111.\\noust., Art. X., 1-8). The day of vast counties\\nlargely uninhabited is long since none by, and changes\\nare not likely, unless in a case such as that of Cook\\nCounty, in which a great city population makes county\\ngovernment rather cumbersome.\\n-Counties are always given a name, usually that of\\nsome man prominent in national. State, or local affairs\\n(p. 123).\\nThe village or city in which the principal functions\\nof county government are performed is called the\\ncounty seat. This place is fixed by the act of the\\nGeneral Assembly which creates the county. But no\\nchange of such place may be made unless with the\\nassent of three-fifths of the voters of the county, and\\nno county line may be made to run within less than\\nten miles of a countv seat (111. Const., Art. X.,\\n\u00c2\u00a7\u00c2\u00a71,4)-\\n3. Towns For the further convenience of local\\ngovernment, any county whose people so desire is\\ndivided into towns.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0239.jp2"}, "240": {"fulltext": "30 THE GOVERNMENT OF ILLINOIS\\n4:. Townships In the State Constitution, and in a\\npart of the statute enacted by the General Assembly,\\nthe term township is used as applied to these divisions\\nof the county (111. Const. Art. X. 5). But at the\\nsame time both Constitution and statute also use the\\nterm town in the same sense (111. Const., Art. X., 7).f\\nAs a matter of fact, township is a term properly used\\nonly in the sense of the United States land survey,\\nand always means a piece of land six miles square\\n(p. 31). Doubtless in the act of Congress for the land\\nsurvey, as well as in the State Constitution as adopted\\nin 1848, it Avas the expectation that as settlement was\\nmade the survey lines would coincide with areas which\\nwould be convenient for government. In that case\\ntown and township would be identical.\\nBut it has turned out that in many cases it is incon-\\nvenient to have the two areas coincide, so that not a\\nfew towns are quite different geographically from Con-\\ngressional townships, one town often containing por-\\ntions of two or more townships. For this reason we\\nshall speak of townships only in the sense of the land\\nsurvey, and of the subdivisions of a county for pur-\\nposes of local government always as towns. In this\\nsense of the terms, it will be noticed, also, that towns\\nare always named, while townships are always num-\\nbered.\\nAt this time (1899) 83 of the 102 counties of the\\nState are divided into towns.\\n5. How Towns Are Formed A county may be\\ndivided into towns whenever a majority of the voters\\nat a general election favor the proposition. In that\\nRev. Stat., c. 139, 1-4. Rev. Stat., e. 139, 5-8.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0240.jp2"}, "241": {"fulltext": "POLITICAL DIVISIONS OF THE STATE 31\\ncase it is the duly of the county board to appoint three\\ncommissioners for the purpose of making the division.\\nThe commissioners are to make the towns coincide\\nwith Congressional townships when it is convenient\\nto do so.\\nc Names The commissioners select names for the\\ntowns, following the wishes of the inhabitants, if they\\nhave definite wishes. But no two towns in the State\\nmay have the same name.f\\n7. The Land Survey \u00e2\u0080\u0094When the States began to\\ncede their western hinds to the United States, it be-\\ncame desirable to establish a uniform system of land\\nsurvey, so that there should he no material difficulty\\nin describings any portion which might he sold.\u00c2\u00a3\\n8. The Rectangular System\u00e2\u0080\u0094 Congress appointed a\\ncommittee, of which Thomas Jefferson was chairman.\\nto consider the subject, and this committee recom-\\nmended what is called the rectangular system. With\\nsome modifications the plan of the committee was\\nadopted by Congress (1785), and that plan, with vari-\\nations in detail, is the system which has been in use\\never since.\\n9. Townships The essence of the plan is merely to\\ndivide the public land into squares by a series of lines\\nrunning north and south and east and west. These\\nsquares, each miles on a side, or 36 square miles in\\narea, are townships^ usually called Congressional town-\\nships, because provided by act of Congress.\\n10. Sections Each township is subdivided by a\\nfurther series of lines into 36 squares, each containing\\nRev. Stat., e. 139. \u00c2\u00a7\u00c2\u00a71-6. f Rev. Stat., c. 139,\\nDonaldson, pp. 178, 587.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0241.jp2"}, "242": {"fulltext": "32 THE GOVERNMENT OF ILLINOIS\\none square mile, or 640 acres. These squares are called\\nsections.\\n11. Quarter Sections Each section in turn is\\ndivided into four quarter sections, and the quarter sec-\\ntion is often further subdivided.\\nIt will be noticed that all the survey lines are in-\\ntended to run due north and south, or due east and\\nwest.\\nThe sections in a township are numbered, beginning\\nwith Section No. 1 in the northeast corner, and count-\\ning west and then east, and so on alternately to No. 36\\nin the southeast corner.\\n12. How Townships Are Numbered Townships\\nare numbered according to their position with refer-\\nence to a given north and south line and a given east\\nand west line.\\n13. Principal Meridian Through a convenient\\npoint, a meridian line is surveyed for a considerable\\ndistance north and south. This is called a principal\\nmeridian.\\n14. Base Line Through the same initial point a\\nline at right angles to the principal meridian is run for\\nsome distance east and west. This is called a base line.\\nA series of lines parallel to the principal meridian\\nand six miles apart where they cross the base line, and\\nanother series of lines six miles apart and parallel to\\nthe base line, will evidently form townships about six\\nmiles square.\\n15. Range* A series of townships on the same side\\nof the base line and equally distant in number of town-\\nships from the principal meridian is called a range.\\nRanges arc described by their position east or west of\\nthe principal meridian.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0242.jp2"}, "243": {"fulltext": "POLITICAL DIVISIOXS OF THE STATE\\n38\\nDIAGRAM A\\nA TOWNSHIP AND ITS SECTIONS\\n6\\n5\\n4\\n3\\n2\\n1\\n7\\n8\\n9\\n10\\n11\\n12\\n18\\n17\\n16\\n15\\n14\\n13\\n19\\n20\\n21\\n22\\n23\\n24\\n30\\n29\\n28\\n27\\n26\\n25\\n31\\n32\\n33\\n34\\n35\\n36\\nDIAGRAM B\\nA SECTION SUBDIVIDED\\nNEK\\nSW/4\\nNEftop\\nSE/4\\nt\\nft\\nS%\u00c2\u00b0rSEV4\\n1. A section is divided into four quarter sections, of 160 acres\\neach, described by the points of the compass i.e., the northeast\\nquarter NE\\n2. A quarter section is further subdivided, and the subdivisions\\nare also described with reference to the points of the compass.\\n3. Describe the divisions marked f, and give the area of\\neach.\\nIt is suggested that other problems be given by the teacher until\\nthe pupils thoroughly understand the system of land surveys and\\ndesignations.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0243.jp2"}, "244": {"fulltext": "84\\nTHE GOVERNMENT OF ILLINOIS\\nTownships within a range are numbered from the\\nbase line, north and south.\\nDIAGRAM C\\n\u00e2\u0096\u00a0-I\\nQ\\n4\\n3\\n3\\nft\\nu\\n2\\n2\\nvm\\nVII\\nVI\\nV\\nTV\\nnr\\nII\\nI\\n*I\\nH\\nhi\\nIV\\nV\\nVI\\n\\\\n\\nvm\\nBA\\nSE\\nJ\\n1\\nLI\\nNE\\n2\\nt\\no\\n3\\n2\\n4-\\n4\\nQ.\\n5\\nThe description of townships with reference to a principal meridian\\nand its base line; e.g., township 3 north in range VII. west of the\\ngiven principal meridian township 4 south in range IV. east of the\\ngiven principal meridian.\\nIn this way describe the townships marked f, ff.\\nThe first survey of Chicago for town lots in 1830 (p. 24) was de-\\nscribed as follows: The south half of section 9 of township 39 north\\nin range XIV. west of the third principal meridian. This is the area\\nincluded by State, Kinzie, Desplaines, and Madison streets.\\n16. Convergence of the Meridians It was said\\nthat the two series of lines above described would form\\ntownships about six miles square. That these\\ntownships would not be exactly square is due to the\\nfact that as the meridians run north they converge.\\nTherefore it is evident that the east and west boundary", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0244.jp2"}, "245": {"fulltext": "POLITICAL DIVISIONS OF THE STATE 35\\nlines of a township are not quite parallel, that the\\ntownship is not quite square, and that no township\\nwill contain exactly thirty-six square miles.\\nFurther, it is evident that in only a part of the town-\\nships is it true that even the southern boundary line is\\nsix miles long. In the ranges lying north of the base\\nline, for instance (Diagram C), only the townships\\nresting on the base line have a six-mile southern line.\\nThe southern boundary of each other township in the\\nrange is shorter than the corresponding line of the\\ntownship immediately south.\\nIf the survey should be carried on without regard\\nto these facts, it is plain that the convergence of the\\nmeridians would, at a considerable distance north from\\nthe base line, result in making townships of very much\\nless than thirty-six square miles, while if the southern\\nranges should begin six miles wide on the base line,\\nthe divergence of the meridians south would corre-\\nspondingly increase the area of tin 1 townships on that\\nside.\\nTo remedy these difficulties, the following plan is\\ndevised\\n17. Correction Parallels Every twenty-four miles\\nnorth of the base line, and every thirty miles south of\\nit, parallels of latitude are drawn through the princi-\\npal meridian. These are called oorrection parallels,\\nand extend east and west from the points at which\\nthey intersect the principal meridian. Each of these\\nparallels forms a new base, on which are laid off the\\nsouthern sides of the series of townships immediately\\nnorth of it. As the full six-mile extent is used in lay-\\ning off these southern sides, it is evident that with\\neach correction parallel the whole process begins over", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0245.jp2"}, "246": {"fulltext": "36 THE GOVERNMENT OF ILLINOIS\\nagain. In this way the loss occasioned by the con-\\nvergence of the parallels is prevented from going on\\nperpetually increasing.\\n18. Guide Meridians As a further convenience,\\nat every forty-eight miles on the base line, reckoning\\nboth ways from its intersection Avith the principal\\nmeridian, a new meridian line is surveyed north and\\nsouth. These are called guide meridians.\\n19. The Principal Meridians The principal merid-\\nians from which the public land of the United States\\nis surveyed are not at uniform distances apart, being\\ndrawn merely through such points as may be most\\nconvenient.\\nThe first principal meridian is the boundary line be-\\ntween Ohio and Indiana, being drawn from the Ohio\\nKiver north on the line of 84\u00c2\u00b0 51 longitude west from\\nGreenwich. Ohio lands are surveyed from this line.\\nThe second principal meridian extends through In-\\ndiana, from the mouth of the Little Blue River to the\\nnorthern boundary of the State, on the line of 86\u00c2\u00b0 28\\nwest longitude. From this line are surveyed the lands\\nof Indiana and a part of those of eastern Illinois.\\nThe third principal meridian starts from the mouth\\nof the Ohio River, and extends to the northern boun-\\ndary of Illinois, on the line of 89\u00c2\u00b0 10 30 west longi-\\ntude. From this line are surveyed (1) all the lands of\\nIllinois east of it, excepting those which are surveyed\\nfrom the second principal meridian; and (2) all the\\nLands lying west of the third meridian but east of the\\nIllinois River.\\nThe fourth principal meridian extends from the\\nmiddle of the channel at the mouth of the Illinois\\nKiver north to the Canada boundary, on the line of", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0246.jp2"}, "247": {"fulltext": "POLITICAL DIVISIONS OF THE STATE 37\\n.M) 29 56 west longitude. From this line are surveyed\\nall the lands of Illinois wrest of the Illinois River and\\n(on the north of that river) all the lands west of the\\nthird principal meridian. The fourth meridian is also\\nused for AVisconsin and Minnesota surveys.\\nStill farther west arc two other principal meridians,\\nthe fifth and the sixth. Others are named instead of\\nbeing numbered the Michigan meridian, the Talla-\\nhassee meridian, the Montana meridian, lor instance.\\nThere are eighteen which are named.\\n20. Illinois Base Lines The base line of the third\\nprincipal meridian, from which most of the land of\\nIllinois is surveyed, crosses the State from the Wabash\\nRiver in Wabash County to the Mississippi in St. Clair\\nCounty. The base line of the fourth principal merid-\\nian extends from the Illinois River in Schuyler County\\nto the Mississippi in Adams County.\\n21. Illinois Surveys from Second Principal merid-\\nian ft is only a narrow strip of towns and fractional\\ntowns at the eastern edge of the State which is sur-\\nveyed from the second principal meridian. Its base line\\nis on the same parallel as that of the third meridian.\\n22. School Townships It has been seen that in\\ndividing counties the towns are to coincide with the\\ntownships of the United States survey as far as may\\nbe practicable. In many cases, however, the town\\nand township lines do not coincide. The State school\\nlaw, however, makes the Congressional township, and\\nnot the town, the unit of administration. Hence a\\nschool township always coincides with some Congres-\\nsional township.*\\nRev. Stat., c. 122, \u00c2\u00a730.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0247.jp2"}, "248": {"fulltext": "38 THE GOVERNMENT OF ILLINOIS\\n23. Cities and Villages The division of the State\\ninto counties and towns, as has been explained, is for\\nconvenience of local government, while the divisions\\nmade by the land survey are mainly for the purpose\\nof identifying parcels of land when they are sold. As\\npeople come to live quite near one another, however,\\nrather than on scattered farms, a different sort of gov-\\nernment becomes necessary from that which answers\\nfor counties and towns. For this reason the State law\\nprovides a plan for governing cities and villages, and\\ncertain areas are laid off and included within the limits\\nso governed The only real difference between a city\\nand a village is that the former usually has more peo-\\nple than the latter.\\nA village is usually included within the limits of a\\ntown, if the county is divided into towns. A city\\nmay cover the whole or parts of several towns.\\nChicago, for instance, comprises within its limits\\nseven entire towns of Cook County, and parts of\\nothers.\\nWe class cities and villages within the permanent\\npolitical divisions of the State, because a given munici-\\npality being once formed it is not intended that it\\nshall be Aviped out. Provisions are made in the law\\nfor extending the limits of cities and villages in order\\nto keep pace with the spread of population, and in this\\nway many of the cities, especially, have grown to a\\nvery great extent.\\n24. Wards A city council is empowered to divide\\nthe city into vmrds for further convenience. The\\nward should, perhaps, strictly be classed among the\\ntemporary political divisions, but it is put here for\\nconvenience. The number of wards in a city may be", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0248.jp2"}, "249": {"fulltext": "POLITICAL DIVISIONS OF THE STATE 39\\none-half the number of aldermen to which the city is\\nentitled, but in no case may exceed 35.*\\n25. Park and Drainage Districts\u00e2\u0080\u0094 The .law of the\\nState provides for the formation of park districts and\\nof drainage districts, the affairs of which in each case\\nare controlled by a board of commissioners. These\\nboards are, so far as their immediate purposes are con-\\ncerned, quite independent of other local authorities.\\nTEMPORARY DIVISIONS\\n20. There is a second class of political divisions of\\nthe State which are intended as a rule for but a single\\npurpose of government, and which may be changed\\nquite frequently. These we may call temporary divi-\\nsions.\\n27. Congressional Districts The State is entitled\\nto a certain number of members in the Federal House of\\nRepresentatives, the number depending on the popula-\\ntion of Illinois compared with the total population of\\nthe United States. After each decennial national cen-\\nsus Congress passes a new law flying the number of\\nrepresentatives to which each State is entitled. Un-\\nder the law based on the census of 1890 Illinois has\\ntwenty-two. The act of Congress requires that these\\nshall be elected in separate districts, and permits the\\nState Legislature to form the districts under certain\\nconditions (p. 197-8). These conditions are, that the\\nseveral districts shall be compact and composed of\\ncontiguous territory, and that as nearly as may be\\npracticable they shall have an equal number of in-\\nhabitants.\\nRev. Stat., c. 24, 51, 30. f JRev. Stat,, c. 105, c. 42.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0249.jp2"}, "250": {"fulltext": "40 THE GOVERNMENT OF ILLINOIS\\nDistricts are formed by joining several contiguous\\ncounties or by dividing counties. After each national\\nreapportionment of congressmen the Legislature makes\\na totally new division.\\n28. State Senatorial Districts The Upper House\\nof the State Legislature of Illinois contains fifty-one\\nmembers. The State Constitution requires that these\\nshall be elected in districts, and that the Legislature\\nshall apportion the State into these fifty-one districts\\nevery ten years i.e., after the decennial census (111.\\nConst., Art. VI., 6). The Constitution also requires\\nthat the districts shall be formed of compact and con-\\ntiguous territory, and that they shall contain, as nearly\\nas practicable, an equal number of inhabitants. Coun-\\nties may not be divided between different districts, ex-\\ncepting counties of so large population that they are\\neach entitled to two or more senators. Eo district\\nwhich contains an entire county can contain a part of\\nany other county. Cook is the only county which is\\ndivided under the present law.\\n29. Judicial Districts Supreme Court The Su-\\npreme Court of Illinois consists of seven judges, elected\\nby the people in as many judicial districts. The State\\nLegislature is empowered to alter the districts at will,\\nsubject to the same limitations as in the case of sena-\\ntorial districts, and to a further limitation as to the\\ntime of alteration (111. Const., Art. VI., 2, 5).*\\nUntil 1897 the State was divided into three grand\\ndivisions, in each of which successively the Supreme\\nCourt met. These grand divisions were abolished,\\nhowever, by act of the Legislature in 1897, and the\\nRev. Stat., c. 37, 2.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0250.jp2"}, "251": {"fulltext": "POLITICAL DIVISIONS OF THE STATE 41\\nSupreme Court now meets only at Springfield (111.\\nConst, Art. VI., \u00c2\u00a74).*\\n30. Judicial Districts\u00e2\u0080\u0094Circuit Courts The m wt\\nclass of courts below the Supreme Court is the Circuit\\nCourt. Cook County forms one judicial circuit (111.\\nConst., Art. A I., L3, L5).f The Legislature lias\\nthe power to form the rest of the State into judi-\\ncial circuits, provided thai the total number shall not\\nexceed one circuit for every one hundred thousand of\\npopulation in the State. The circuits must be of con-\\ntiguous and^ompact territory, and as nearly as possi-\\nble equal in population. County lines must not be\\ndivided.\\nThe present law divides the state outside of Cook\\nCounty into thirteen circuits. In each of these cir-\\ncuits are elected three circuit judges, who hold court\\nsuccessively at the various county seats within the\\ncircuit.\\n31. Election Precincts and Districts\u00e2\u0080\u0094 For conven-\\nience of elections counties are divided into precincts.\\nIn counties under town government the town is the\\nprecinct. In other counties it is the duty of the county\\nboard to determine the precincts.\\nIf any precinct has more than 4. 0 voters it is the\\nduty of the county board to divide such precinct into\\ndistricts, in such way that each district shall contain\\nas nearly 400 voters as may be practicable, and in no\\ncase more than 450. Districts must be composed of\\ncontiguous territory, and must be as compact as the\\nconvenience of the voters will allow. In the month\\nof July, after each general election held in November,\\nRev. Stat., c. 37, 1.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0251.jp2"}, "252": {"fulltext": "42 THE GOVERNMENT OF ILLINOIS\\nthe county board may make a readjustment of election\\ndistricts, whenever it appears that any precinct or dis-\\ntrict contains more than 450 voters.\\n32. School Districts The school township (p. 156)\\nis managed by a board of school trustees. It is in the\\npower of this board to divide the township into dis-\\ntricts, for the convenience of school attendance, t On\\npetition of the legal voters interested, the board may\\nchange such districts as may be most convenient. J If\\nthe board denies the request of the petitioners, appeal\\nmay be taken to the county superintendent, Avho may\\nmake the change if he thinks best.\\n33. City Districts In cities whose schools are con-\\ntrolled by a board of education the division into dis-\\ntricts is in the power of that board. In this case no\\npetition by the voters is necessary, and there is no\\nappeal to the county superintendent.\\nRev. Stat., c. 46, 29, 30. f Rev. Stat., c. 122, 75-78.\\nRev. Stat., c. 122, \u00c2\u00a7\u00c2\u00a783-85.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0252.jp2"}, "253": {"fulltext": "CHAPTER IV\\nTHE STATE GOVERNMENT\u00e2\u0080\u0094 THE\\nCONSTITUTION\\n1. The Constitution of Illinois provides a plan for\\nthe government of the State To understand this\\nplan, then, we must first of all consult the Jonstitution.\\nAs we have seen (p. 22), the State has had three\\nConstitutions. The one now in force was drawn up\\nby a convention which was elected by the people in\\n1869, and met at the State capital, Springfield, De-\\ncember L3, is l to May L3, L870. The Constitution\\nwhich this convention proposed was submitted to the\\nvoters of the State at an election held for that purpose\\nJuly 2, 1870. At the election there were L54,227 votes\\nfor the proposed Constitution, and 44: 5 votes against\\nit. Thus it was accepted by the voters and became the\\nState Constitution in place of the one which had been\\nthe law since 1848,\\nTHE PREAMBLE\\n2. In the Constitution of the United States, and in\\nthat of each of the States, there is a sort of preface\\ncalled a preamble. In fact, however, this is by no\\nmeans either a preface or a preamble each of which\\nterms implies something not essential, the omission of\\nwhich would be unimportant.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0253.jp2"}, "254": {"fulltext": "4 4: THE GOVERNMENT OF ILLINOIS\\n3. Its Essential Part the Enacting- Clause The\\npreamble of a constitution contains that which is vitally\\nimportant the enacting clause, as it is usually entitled.\\nIn the Illinois preamble the enacting clause is as fol-\\nlows We, the people of the State of Illinois\\ndo ordain and establish this Constitution for the State\\nof Illinois. This is all that is really necessary. It\\ncontains a statement of four important facts (1) Who\\nit is that make the law the people {i.e., the voters)\\n(2) what it is which the people make law this Con-\\nstitution, {i.e., the one drawn up by the convention of\\n1869-70) (3) for whom the Constitution is adopted\\nthe State of Illinois {i.e., all the people within the State\\nboundaries) (4) the act by which the Constitution be-\\ncomes law the people ordain and establish it {i.e., it is\\nthe will of the people that it shall be law).\\n4. Its Non-essential Parts The remaining clauses\\nin the preamble are legally non-essential, and are in-\\nserted to indicate the spirit and purposes with which\\nthe Constitution was adopted.\\n5. The Recognition of God One of them contains\\na reference to God as the giver of all blessings. The\\nFederal Constitution of the United States and the Con-\\nstitutions of many of the States contain no such clause.\\nThere is a difference of opinion as to its importance.\\nSome favor it because it is a public and formal recogni-\\ntion of religion. Some hold it unnecessary to embody\\nsuch recognition in a legal document. Others oppose\\nit on the ground that religion should be a personal and\\nnot a political matter.\\nThe remaining non-essential clauses, almost exactly\\ncopied from the Federal Constitution, express the pur-\\nposes of the fundamental law to form a more perfect", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0254.jp2"}, "255": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 CONSTITUTION\\ngovernment, establish justice, insure domestic tran-\\nquillity, provide for the common defence, promote the\\ngeneral welfare, and secure the blessings of liberty to\\nourselves and our posterity.\\nThe expression of these purposes, as has been ex-\\nplained, is not Legally essential. The preamble to the\\nConstitutions of Louisiana adopted in 1.84:5 and in\\nL852, for instance, is merely this: k We, the people of\\nLouisiana, do ordain and establish this Constitution.\\nThis is merely an enacting clause.\\nTHE TERRITORY\\n0. Boundaries Article I. defines the boundaries of\\nthe State. It will be noticed that a part of this bound-\\nary line runs alone- the middle of Lake Michigan, an-\\nother part along the middle of the Mississippi River,\\nand a third part not along the middle, but along the\\nnorthwestern shore, of the Ohio River. Usually when\\nbodies of water like lakes or rivers separate different\\npolitical divisions, the boundary line runs in the mid-\\ndle of the lake or stream -i.e., midway between the\\nbanks in case of a Lake, in the middle of the channel or\\ncurrent of a river. But when Virginia ceded to the\\ngeneral government the land which Genera] Clarke\\nconquered, the act of cession read The tract of coun-\\ntry within the limits of the Virginia Charter\\nnorthwest of the Ohio Kiver. Of course, then, this\\ngift included no part of the river itself. Hence the\\nnorthern line of Kentucky (which was a part of Vir-\\nginia until 1792) follows low-water mark on the north\\nbank of the Ohio.\\nThe proviso at the end of Article I. relates to the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0255.jp2"}, "256": {"fulltext": "46 TIIE GOVERNMENT OF ILLINOIS\\nfact that Illinois controls no part of the Ohio River\\nexcept by special agreement with Kentucky.\\nTHE PEOPLE\\n7. The People for whom the Constitution was\\nadopted, and who are subject to it as law, are all the\\npeople within the State boundaries. Those who live in\\nthe State are subject to the Constitution all the time,\\nand people visiting, or for any purpose temporarily\\nresiding, in Illinois, are subject to the Illinois Consti-\\ntution and laws while here. Hence it is that all the\\npeople within the State are bound to obey its funda-\\nmental law.\\n8. The State When Ave speak of the State of\\nIllinois we may mean one of three different things.\\nWe may mean the land comprised within the State\\nboundaries. This is the geographical sense of the term.\\nWe may mean all the people within these bounda-\\nries. It is partly in this sense that the preamble sa} T s\\nthat the Constitution is ordained and established for\\nthe State of Illinois.\\nWe may mean merely the voters in the State. This\\nis what is meant in the preamble by its opening\\nwords We, the people of the State of Illinois.\\nThe people who decided at the polls that the Consti-\\ntution proposed by the Convention of 1869-70 should\\nbe adopted were those who under existing laws were\\nentitled to vote. So, when we say that the State of\\nIllinois adopts a Constitution, we refer to the voters.\\n9. The Political People For convenience, we may\\ncall the voters the political people. They determine\\n*Rev. Stat., p. 23.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0256.jp2"}, "257": {"fulltext": "sta te GO i i-:nxMi :\\\\r- oxstitution 47\\nwhat shall be the Constitution. They elect the prin-\\ncipal officers of the government, as we shall see later.\\nThus they decide; the important political cjuestions\\nwhich have to be settled.\\nlO. Qualifications of Voters The Constitution\\nprescribes the qualifications of voters. This is merely\\nanother way of saying that the Constitution defines\\nthe political people. The qualifications in question\\nare found in Article VII. On examination they will\\nbe found to be four citizenship, sex, age, inhabitancy.\\nA citizen of the United States is any person born\\nor naturalized in the United States and subject to the\\njurisdiction thereof i U. 8. Constitution, Amdt. X I V..\\nSec. 1). In some States persons of foreign birth are\\nallowed to vote if they have taken out their first pa-\\npers preliminary to naturalization (Pt. I., p. 27). Of\\ncourse, such persons are not yet citizens, and are still\\nsubjects of the country in which they were born. But\\nno person who owes allegiance to a foreign govern-\\nment is permitted to vote in Illinois. This should be\\nthe law in every State, and probably will be.\\nMale citizens of the United States, above the age of\\ntwenty-one years, who fulfil the other conditions, are\\nentitled to vote at all elections.* This does not imply\\nthat women may not vote at any elections, and the\\nState law permits women to vote for school officers,\\nregents of the State University, county superintend-\\nents of schools, and school trustees. Many people be-\\nlieve that women ought to vote at all elections on the\\nsame terms as men, and several States (Colorado,\\nUtah, Wyoming) grant such permission.\\n*Rev. Stat, c. 46, \u00c2\u00a7332.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0257.jp2"}, "258": {"fulltext": "48 THE GOVERNMENT OF ILLINOIS\\nThe age of twenty-one is that long established hy\\nlaw as the period at which a young man reaches his\\nmajority. His previous years are those of his minor-\\nity. A minor is not wholly independent, and is not\\ncapable of performing certain legal acts, like making\\na contract. This, then, seems a convenient age for\\nacquiring the right of suffrage along with other legal\\nrights.\\nThe requirement of residence is that to he entitled\\nto vote at a given election one should have resided in\\nthe State one year, in the county ninety days, and in\\nthe election district thirty days next preceding such\\nelection. In order to vote intelligently on State ques-\\ntions, it is plain that usually one will need to live in\\nthe State long enough to know something about those.\\nquestions and in order that one s right to vote may\\nbe well understood it is necessary that the residence\\nin county and district may be long enough for the in-\\ntending voter to be known by his neighbors.\\nSections 4 and 5 (111. Const., Art. VII.) make some\\nspecial limitations with regard to deciding what con-\\nstitutes residence.\\nThe remaining provisions of Section 1, in Article\\nVII., are merely for the purpose of not disfranchising\\nany one who was permitted to vote under the preced-\\ning Constitution.\\n11. Domicile One s residence is the place of his\\nhome where he lives. The legal term for this place\\nis the domicile. But as people, especially in our coun-\\ntry, are frequently moving about from place to place,\\nsometimes for business, sometimes for mere pleasure,\\nit is not always easy to decide where the real home is.\\nAs a practical way of settling the question, it is usu-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0258.jp2"}, "259": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094CONSTITUTION\\nally held that one s domicile is the place where hie is\\nliving without having in mind a definite time for leav-\\ning it.\\nJ ut men who are in the service of the Federal gov-\\nernment, whether as soldiers or Bailors or in the civil\\nservice, are liable at any time to be sent to any place\\nwhere the government needs them, entirely irrespective\\nof their own wishes. Under the Constitution of Illi-\\nnois sneli persons neither gain nor Lose domicile in the\\nState by reason of government service.\\n12. Infamous Crimes In Section 7 there is a further\\nlimitation of the right to vote that right being denied\\nto any persons convicted of an Infamous crime. By as\\ninfamous crime is meant one the penalty for which is\\nimprisonment in a penitentiary or death.\\n13. Method of Toting As the people i.e., the po-\\nlitical people are the source of all law, it is important\\nthat the method of ascertaining their will should be\\ncarefully guarded. It is the American theory that the\\nmajority shall rule that the will of a majority shall\\nbe considered to be the will of all. But tor many pur-\\nposes it is thought just as well that a majority which\\nis not always easy to secure 1 when there are several\\npropositions or candidates in question should not be\\nrequired, and that a mere plurality shall suffice.\\nWhether it is a majority or a plurality which is sought,\\nit is necessary that the people should cast their votes\\nin such a way, and that when cast they should be\\ncounted and reported in such a way, that there can\\nbe no doubt as to the exact facts.\\nThe Constitution provides (Art, VII., 2) that all\\nvotes shall be by ballot. In the old times, both in\\nEngland and in the colonies, a very different method\\n4", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0259.jp2"}, "260": {"fulltext": "50 THE GOVERNMENT OF ILLINOIS\\nwas practised. A list of the voters was prepared, and\\nat the time set for voting each one came in person\\nbefore the election officers, answered to his name, and\\ngave his vote audibly. This is called the viva voce\\nvote. Of course it was publicly known just how every\\nman voted. This fact made it easy to bribe or to in-\\ntimidate voters, and to prevent these results the secret\\nballot has taken the place of viva voce voting.\\n14. The Australian Ballot Under the laws as\\nthey now exist in Illinois it is very easy for any voter\\nto cast his vote in entire secrecy. Care is also taken\\nto insure both accuracy and honesty in counting the\\nvotes and in reporting the totals. The system of vot-\\ning is commonly called the Australian system, as it\\nwas devised and first used in Australia.\\nThe essentials of the Australian system of voting are\\nthese the ballots are furnished by the government,\\nnone other being permitted the voter while marking\\nhis ballot stands in a little booth behind a curtain, so\\nthat no one can see what names he marks no election-\\neering is allowed Avithin a hundred feet of the polling\\nplace.*\\n15. Nominations In order to print the ballots in\\ntime for the election, political parties must make their\\nnominations for the various offices early enough to file\\nthirty days before the election. Nominations for\\noffices within a county are filed with the county clerk,\\nothers with the secretary of state.\\nNominations are usually made by political conven-\\ntions. Any party which at the last preceding general\\nelection cast two per cent, of the votes is entitled to\\n*Rev. Stat., c. 46, 288-323.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0260.jp2"}, "261": {"fulltext": "STATE 00 VERNMENT\u00e2\u0080\u0094 CONSTITUTION f,l\\nhave the names of its candidates on the official ballot.\\nOther nominations may be made also by petitions\\nsigned by a reasonable number of persona 1,000 in\\ncase of a State office, and for other offices a number\\nproportionally less. Such nominations are entitled to\\na place on the ballot.\\n16. Toting The names of candidates are arranged\\non the ballot in columns, those of one political party\\nbeing in a single column, headed by the party name.\\nBefore this name is a small circle, and before the name\\nof each candidate is a small square. The voter who\\nwishes to vote for the entire ticket of a party places\\na cross (X) in the proper circle otherwise he places a\\ncross in the square preceding the name of each candi-\\ndate for whom he wishes to vote. He may if he\\nchooses write in the name of a new candidate and\\nplace a cross before it. After being marked the ballot\\nis folded and placed in a box which is in charge of the\\nelection officers.\\nA sample ballot (in part) is appended:\\nO DEMOCRATIC O REPUBLICAN O PROHIBITION\\nFor Governor For Governor For Govt;\\n1 John M. Palmer Joseph W. Fifkk David II. Harts\\nFor Lieutenant-Governor For Lieutenant-Governor For Lieutenant- Governor\\nI Andrew J. Bell Lyman 1?. Kay Joseph L. Whitlock\\nFor Secretary of State For Secretary of State For Secretary of State\\nNewell D. Rich I. N. Pearson James R. Hanna\\n17. The Voting- Machine\u00e2\u0080\u0094 A very curious voting\\nmachine has been invented, which may take the place", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0261.jp2"}, "262": {"fulltext": "52 THE GOVERNMENT OF ILLINOIS\\nof fcfoe Australian ballot as above described. The\\nmachine is placed within a booth, so that the voter can\\nindicate his choice in private. The names of candi-\\ndates are arranged on the face of the machine just as\\non an Australian ballot. In place of the circle and\\nsquares there are little knobs. By pressing on these\\nknobs the voter records within the machine his vote,\\neither for his entire party ticket, or for individual\\ncandidates, as he may prefer. Pressing on the knobs\\nalso locks the machine, so that no other vote can be\\nrecorded until the voter has left the booth. When the\\nelection time has expired the machine is locked, and\\nno more voting can be done. The election officers\\nthen open a door at the back, and there they find an\\nexact record of the number of votes cast for each can-\\ndidate. This machine secures entire accuracy in esti-\\nmating the returns, and saves very much time. It\\noften takes the election officers hours to count the\\nAustralian ballots, while the machine keeps tally as\\nfast as the voting is done.\\nHOW A CONSTITUTION IS MADE OR ALTERED\\n18. The Two Processes Making a new Constitu-\\ntion, and making an alteration in an existing one, im-\\nply two (piite distinct processes. One is to draw up\\na Constitution, or an amendment, in a definite form.\\nThe other is to decide that the Constitution or amend-\\nment thus drafted shall be adopted as law ratified, as\\nit is usually expressed.\\nAlteration of an existing Constitution may be com-\\nparatively slight or (piite extensive. The process em-\\nployed in our States usually differs accordingly.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0262.jp2"}, "263": {"fulltext": "STA TIC GO I r ERNMENT\u00e2\u0080\u0094 CONSTITUTION\\n11). Conventions Forforminga new Constitution.\\nor for extensive amendmenl of an existing one, it is\\ncustomary to bold a convention. This is a body com-\\nposed of delegates elected for the purpose by the voters\\nof the State.\\n20. The Legislature Comparatively slighl amend-\\nments are usually drafted by the State Legislature.\\nFor this purpose it is thought thai a State convention\\nis needless, both on account of the expense and of the\\ntime necessarily involved.\\n21. The People Ratify In either ease, however, it\\nis almost uniformly the practice to submit propositions\\nof amendment, whether drafted by a convention or\\nby the State Legislature, to a vote of the people for\\nratification. It is this ratification which makes the\\nproposed amendments law.\\n22. Ratification by tlie People not always Re-\\nquired In some States, however, the work of con-\\nventions has not been submitted to the people, on the\\nground that in electing a convention tin 4 people vir-\\ntually entrust that body with full power to act. The\\nfirst Constitution of Illinois was adopted in this way\\n(p. 22).\\nThe Illinois Constitution of 1848, however, required\\nthat for making a new Constitution a convention\\nshould be held, and that the results of its action\\nshould be submitted to the people for their approval\\nThat is the way in which the present Constitution\\nwas adopted.\\n2\u00c2\u00ab*5. An Illinois Convention A constitutional con-\\nvention may be held in Illinois, provided that the\\nState Legislature, by a vote of two-thirds of the\\nmembers of each house, decides it to be necessary and", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0263.jp2"}, "264": {"fulltext": "54 TEE GOVERNMENT OF ILLINOIS\\nprovided further that at the next general election a\\nmajority of those voting* at that election approve\\n(111. Const., Art. XIV., 1). The Constitution or the\\namendments proposed by the convention are then sub-\\nmitted to the people at a special election held for that\\npurpose, and require for ratification a majority of\\nthose voting at that election.\\n24. Amendments Amendments may also be made\\non proposition of the Legislature by a vote of two-\\nthirds of the members of each house, provided that\\nsuch proposed amendments receive the approval of a\\nmajority of the voters at the next general election\\n(111. Const., Art. XIV., 2). There are two important\\nrestrictions on this second method of amendment. The\\nfirst is that amendments may not be proposed to more\\nthan one article of the Constitution at the same ses-\\nsion of the Legislature. The second is that amend-\\nments may not be proposed to the same article oftener\\nthan once in four years. These restrictions make it\\nvery difficult to amend the Illinois Constitution at all.\\nTHE STATE GOVERNMENT AND ITS BRANCHES\\n25. Government Defined Government is the\\nagency of the people for performing certain duties\\nwhich are necessary to the general welfare. Among\\nthese duties are the making of laws, the prevention\\nand punishment of crime, decision as to the rights of\\npeople with reference to one another, and the protec-\\ntion of people in their rights. For the performance of\\nthese and other similar duties, the Constitution of Illi-\\nnois provides for the formation of a government, and\\ncut rusts to it, in its several branches, various powers.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0264.jp2"}, "265": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 CONSTITUTION\\n26. Tli Branches It is a common principle of\\npolitical science in the United States that government\\nshould be separated into three branches, or depart-\\nments: the legislative, the executive, and the judiciary.\\nThe legislative branch of the government makes\\nlaws, the executive administers the laws, and the\\njudiciary decides what the laws mean, and what are\\nthe rights and duties of individuals under the laws.\\nThe three are sometimes called the law-makmg, the\\nhi n rift and the law-interpreting branches of\\ngovernment.\\nThe Illinois Constitution forbids any one of these\\ndepartments to perform duties which naturally belong\\nto one of the others, unless the Constitution itself per-\\nmits (Art. IIL).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0265.jp2"}, "266": {"fulltext": "CHAPTER V\\nTHE STATE GOVERNMENT\u00e2\u0080\u0094 THE\\nLEGISLATURE\\nSTRUCTURE\\n1. The Legislative Department (or Legislature)\\nis called the General Assembly. It consists of two\\ndistinct bodies, the Senate and the House of Repre-\\nsentatives (111. Const., Art. IV., 1). They are some-\\ntimes called the Upper House and the Lower House.\\nNo measure can become a law unless it receives the\\napproval of both houses.\\n2. Bicameral Legislatures A legislature which\\nconsists of two houses is called bicameral (from the\\nLatin bi, two, and camera, chamber; the houses,\\nas we call them, are called chambers in Europe). A\\nlegislature of but one house is called unicameral\\nuni is the Latin for one). The Congress of the\\nUnited States and the legislatures of all the States\\nare bicameral. We shall see later that for the Illinois\\ncounties and cities there are unicameral legislative\\nbodies.\\n3. Advantages The main advantage of a bicam-\\neral legislature is the fact that every plan for a law\\nlias to be debated and voted in two separate bodies.\\nIn this way any defects which are overlooked in one\\nhouse are likely to be detected in the other. On the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0266.jp2"}, "267": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEGtSLA TUBE 57\\nother hand, a unicameral Legislature is less expensive\\nand can do its work in less time.\\n4. Differences in t li Structure of the Two\\nHouses In order to make the two houses quite dif-\\nferent from each other, they have not the same num-\\nber of members, the same term of office, and not quite\\nthe same constituency. The Senate in Illinois has\\none-third as many members as the Lower House. The\\nsenators are chosen for four years, the representa-\\ntives for two years. Each senator is chosen by a\\nmajority (or plurality) of the votes in his district,\\nwhile the representatives are chosen in accordance\\nwith a peculiar provision called minority representa-\\ntion, which will he explained Later.\\nThe powers and duties of the two houses are very\\nnearly the same.\\n5. Apportionment\u00e2\u0080\u0094 There are 51 senators and 153\\nrepresentatives in Illinois. Each senator is chosen\\nfrom a district, which consists of one or more counties\\n(or parts of a county). It is the duty of the Legisla-\\nture each ten years (after the census) to make a new\\napportionment of Senate districts, making them as\\nnearly equal in population as possible. In order to\\ndo this, the population of the State, as ascertained by\\nthe last census, is divided by the number of senators.\\n51. The quotient is the senatorial ratio, and the popu-\\nlation of each district should be as nearly equal to the\\nratio as practicable. Very pi pulous counties like Co k)\\nhave to be divided, and have two or more senators.\\n6. Gerrymandering In arranging Senate districts\\nit is often possible to put counties together in such a\\nway that one political party has an advantage, and is\\nlikely to have a majority in each house of the Legisla-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0267.jp2"}, "268": {"fulltext": "58 THE GOVERNMENT OF ILLINOIS\\nture even if the other party has a majority in the State\\nat Large. This is called gerrymandering (from Elbridge\\nGerry 3 once governor of Massachusetts, who has been\\ncredited erroneously, it is now thought with devis-\\ning the scheme).\\nIn order to make gerrymandering difficult, the Con-\\nstitution requires Senate districts to be formed of con-\\ntiguous and compact territory, bounded by county\\nlines, and to contain as nearly as practicable an equal\\nnumber of inhabitants (111. Const., Art. IY., 6).\\n7. Proportional Representation These require-\\nments, however, do not make gerrymandering impos-\\nsible. There are some who think that the only way to\\nprevent it, and the only way to ensure fair representa-\\ntion of different opinions among the people, is to abolish\\nthe senatorial districts altogether. Members of the\\nLeg i stature would then be elected by the whole State on\\na general ticket, and each political party would be en-\\ntitled to such a proportion of the whole number as the\\nvote cast by that party is of the whole vote cast in the\\nState. This is the plan of proportional representation.\\nThere are several different Avays suggested for Avorking\\nout its details.\\n8. General Elections A general election for the\\nchoice of members of the Legislature is held on the\\nTuesday after the first Monday in November of every\\neven -numbered year. The first under this plan was\\nheld in 1872 (111 Const., Art. IV., 2).\\n9. The Senate Changed Gradually At the elec-\\ntion in a year the number of which is divisible by four,\\nthe senators from the odd-numbered districts, twenty-\\nsix in number, are chosen. At the intervening elec-\\ntion, the senators from the even-numbered districts,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0268.jp2"}, "269": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEGISLATULi: 59\\ntwenty-five in number, are chosen. In this way about\\nhalf the Senate is renewed each t wo years. This makes\\nthe Senate a continuous body.\\n10. The Lower House Changed Totally At each\\ngeneral election the entire number of representatives\\nare chosen, three from each Senate listriet. As the\\nterm is two years, it is seen that the House of Repre-\\nsentatives, unlike I he Senate, is wholly renewed at\\neach election.\\n11. Minority Representation The three represen-\\ntatives chosen in each Senate district are elected on\\na genera] ticket in that district, in the following\\nmanner\\nEach voter has three votes. lie may cast one vote\\nfor each of three candidates, or two votes for one can-\\ndidate and one for another, or all three votes lor one\\ncandidate, or one and one-half votes for each of two\\ncandidates. By this means it is intended that no poli-\\ntical party shall he able to elect all three of the candi-\\ndates in any onedistrict. Thus is secured representation\\nfor the minority party (111. Const., Art. IV.. 7. v\\nIn order to put the above system in motion, the (in-\\nstitution of 1 S7 made some special provisions, which\\nwill be found in Article IV.. Section i. and in the\\nSchedule, Sections 13, 1-1, L5, and 1\\nIf a vacancy occurs in either house, by the death or\\nresignation of a member, or otherwise, a special elec-\\ntion is held to fill that vacancy.\\nMEMBERS\\n12. Qualifications of Members The qualifications\\nfor membership in the Legislature are age, citizenship,\\nand residence. A senator must be at least twenty-live", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0269.jp2"}, "270": {"fulltext": "60 THE GOVERNMENT OF ILLINOIS\\nyears old, and a representative at least twenty-one.\\nNo person can be a member of either house who is not\\na citizen of the United States who has not been for\\nfive years a resident of the State, and who has not\\nbeen for at least two years next preceding his election\\na resident of the district in which he is chosen.\\n13. Disqualifications There are some things which\\ndisqualify persons for membership in the Legislature,\\neven if the above qualifications are possessed. These\\nthings are the holding of certain public office under\\nthe State or the United States (Art. IV., 3) infamous\\ncrime (Art. IV., 4) or the non-settlement of accounts\\nwith the State on the part of a holder of public money\\n(Art. IV, i).\\n14. Oath ISTo person is entitled to sit as a member\\nof either house until he has taken an oath binding him\\nto support the Constitution of the United States and\\nthe Constitution of this State, and declaring that he\\nhas given no bribe in connection with his election, and\\nthat he has received and will receive no bribe in con-\\nnection with his official duties. False swearing in this\\ncase, or violation of the oath, is punished by depri-\\nvation of membership in the Legislature, and disquali-\\nfication thereafter to hold any office in the State (Art.\\nIV, 5).\\n15. Privileges of Members Members of the Legis-\\nlature are entitled to freedom from arrest, to freedom\\nof speech, and to compensation for their services.\\nWhile going to a meeting of the General Assembly,\\nwhile attending the same, or while returning home,\\nmembers may not be arrested, unless for treason, fel-\\nony, or bread i of the peace (Art. IV., 14).\\nTreason may be against the United States or against", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0270.jp2"}, "271": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEGISLATURE 61\\nthe State. In either case it consists in taking part in\\nactual warfare against the United States (or the State),\\nor in giving aid to the enemies of the same.\\nA felony is about the same as an infamous crime.\\ni.e., one punishable by death or imprisonment in the\\npenitentiary.\\nBreach of the peace means disorderly conduct, like\\nan assault, or riot.\\nThe reason for exempting members from arrest n\\nother grounds is to insure their attendance at sessions\\nof the Legislature, and especially to prevent any one s\\nbeing kept away by arrest on fictitious charges, in\\norder that his vote may not be cast for or against a\\nparticular measure.\\nFreedom of speech is secured by the provision that\\nfor any speech or debate in either house members\\nshall not he questioned in any other place (111.\\nConst., Art. IV., 14). This means that Legal proceed-\\nings for libel shall not be brought against a member\\nfor anything said on the floor of the Legislature. It is\\nby no means intended that members may not he\\ncriticised for their speeches and votes. In fact, they\\nare criticised very freely, both in private conversation\\nand in the newspapers.\\n16. Salary Members of each house are paid a salary\\nof $1,000 for each regular session, and five dollars a\\nday for each special session; mileage, at the rate of\\nten cents for each mile necessarily travelled in o-oinff\\nto and returning from a session and fifty dollars at\\neach session for stationery and incidentals (111. Const.,\\nArt. IY., 21).* This compensation may be changed\\n*Rev. Stat., c. 63, 15.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0271.jp2"}, "272": {"fulltext": "02 THE GOVERNMENT OF ILLINOIS\\nby law, but the change cannot take effect until the\\nexpiration of the General Assembly which makes it.\\nThe reason for this limitation is obvious.\\n17. Disabilities of Members Members of each\\nhouse are prohibited from receiving any civil appoint-\\nment from the governor or Legislature during the term\\nfor which said members are elected, and from being\\ninterested in any contract authorized by law during\\nsaid term and for one year thereafter.\\nPOWERS OF THE HOUSES\\n18. The houses taken separately have certain powers.\\n19. Decide Election Disputes Each house is the\\nsole judge of all contests relating to the election of\\nmembers and to their qualifications.\\nIf it is claimed that there has been fraud at an\\nelection, or error in reporting the results, so that a per-\\nson is officially reported as elected who in fact was not\\nelected, the person who claims to be unjustly deprived\\nof membership enters a formal notice of contest. The\\nmatter is referred to a committee, which hears the\\nevidence on both sides and reports to the house its\\nopinion and a recommendation. The house then votes\\nto assign the seat to one or the other contestant, as the\\ncase may be. From this decision of the house there is\\nno appeal.\\nIn like manner each house decides whether any per-\\nson who is elected has the constitutional qualifications\\nfor membership.\\nThis power of the houses to sit in judgment without\\nappeal in all eases relating to the validity of member-\\nship is found also in the Congress of the United States,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0272.jp2"}, "273": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEGISLATURE G3\\nand was copied originally from the custom of the\\nBritish House of Commons. That body, however, has\\nchanged its methods in this respect. Experience\\nshowed that the decision of the house in eases of eon-\\ntested elections was usually determined by political\\nreasons rather than by the merits of the case. Since\\nL868, therefore, the power to decide contests over\\nelection to the House of Commons has been vested in\\nthe courts of law. It has proved to be a much better\\nway of securing justice.\\n20. Expulsion Each house has the power to expel\\nany one of its own members. Expulsion, however,\\nrequires a vote of two-thirds of all the in em hers of\\nthe house.\\n21. Organization Each house has the power to\\neffect its own organization, by electing such officers as\\nmay be authorized by law. The only exception to\\nthis is the fact that the Constitution makes the lien-\\ntenant-governor the presiding officer of the Sen.it e.\\nHe is not a senator, and has no vote except in case of\\na tie. The presiding officer of the House of Repre-\\nsentatives is called the speaker. He is elected by the\\nhouse from their own number, and has a vote like\\nany other member. He has no casting vote in case\\nof a tie.\\nWhen a new General Assembly meets for the hist\\ntime the secretary of state (p. 86) calls the House of\\nKepresentatives to order, and presides until a presiding\\nofficer is elected by the house. On this occasion the\\norder of proceedings is usually as follows\\nThe members are gathered in the hall of the house.\\nThe secretary of state takes the chair and calls the\\nhouse to order. Prayer is offered, and the roll is", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0273.jp2"}, "274": {"fulltext": "64 THE GOVERNMENT OF ILLINOIS\\ncalled from an official list prepared by the State\\ncanvassing officers (p. 111). The house then elects a\\ntemporary speaker, and the secretary of state retires.\\nOther temporary officers are elected, and the members\\ntake the oath prescribed by the Constitution. Perma-\\nnent officers are then elected, and the house adjourns,\\noften for several days, until the speaker shall have had\\ntime to appoint the committees.\\n22. Officers The officers of the house authorized\\nby law are the speaker, who presides the chief clerk,\\nwho keeps a record of the proceedings three assist-\\nants for the clerk the doorkeeper and three assistants,\\nwho keep order among the visitors in the galleries\\nand lobbies, see that no unauthorized persons enter,\\nand otherwise aid the house the postmaster and one\\nassistant, who attend to the mail for members; the\\nengrossing clerk and two assistants, who write out\\nengross on parchment) proposed laws when so\\ndirected by the house. There are sometimes other\\nofficers.\\nEmployees (111. Const., Art. Y., 24), usually ap-\\npointed by the speaker, are clerks for committees,\\npolicemen, pages (boys who carry messages in the\\nhouse), and the like.\\n23. Committees Committees, nearly fifty in num-\\nber, are appointed by the speaker. Each committee\\nconsists of several members, usually an odd number,\\nand has charge of certain kinds of business. Every\\nproposed law (hill, it is called) when offered to the\\nhouse by some member, is at once referred to its appro-\\npriate committee tax bills to the Committee on Fi-\\nnance, for instance. If the committee reports the bill,\\nit is then considered by the house in what is known as", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0274.jp2"}, "275": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEGISLA TURE 65\\nCommittee of the Whole. This is the entire bouse,\\nwith soi n(3 member In the chair in place of the speaker.\\nEere it is generally discussed. When a vote is taken\\nby the Committee of the Whole, the committee rises,\\nthe speaker resumes the chair, and the bouse, having\\nheard the report of the Committee of the Whole then\\ndebates and takes a final vote on the measure.\\nMost bills introduced never leave the committee\\nroom. Bills reported by standi, g committees are often\\npassed without material change. It is obvious, there-\\nfore, that committees have mucb power, and that the\\nSpeaker by his selection of committees can have great\\ninfluence over Legislation.\\n24. Organization of Senate The organization of\\nthe Senate is quite similar to that of the bouse. Being\\na continuous body, however, there is always a chair-\\nman and a set of officers and employees, so that little\\ntime is wasted in preliminary organization. f course\\nthese officers and employees are changed from time to\\ntime. The recording officer of the Senate is called the\\nsecretary, and there is a serjeant-at-arms instead of a\\ndoorkeeper. It is customary for the Senate to elect a\\npresident j r tempore^ to take the chair in case the\\nlieutenant-governor is absent.\\n25. Rules Each house has the power of making\\nits own rules of order. These rules are based on ordi-\\nnary parliamentary law, adapted to the circumstances\\nand needs of the Legislature.\\n26. Impeachment The House of Representatives\\nhas the sole power of impeachment, and the Senate has\\nthe sole power of trying all impeachments (111. Const.,\\nArt. IV., 2-i).\\nImpeachment is a formal accusation brought against\\n5", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0275.jp2"}, "276": {"fulltext": "66 THE GOVERNMENT OF ILLINOIS\\na public officer, charging him with some misdemeanor\\nin office. The governor and all civil officers of the\\nState (i.e., all except military officers) are liable to this\\nproceeding (111. Const., Art. V., 15). But another\\nmethod is provided for taking action against judicial\\nofficers who misbehave (p. 70) (Art. VI., 30).\\nA majority of all the representatives is required for\\na vote of impeachment. If such a vote is had, the\\nhouse then appoints a committee to conduct the case\\nbefore the Senate (Art. VI., 24). The latter body acts\\nas a court for the trial of the case, the senators taking\\na special oath for the occasion. If the governor is on\\ntrial, the chief justice presides, as of course the lieu-\\ntenant-governor is an interested party (p. 82). For\\nconviction a vote of two-thirds of all the senators is\\nrequired. No further penalty may be inflicted than\\nremoval from office and disqualification to hold office\\nthereafter under the State. However, such convicted\\nofficer is still liable to be tried and punished by a court\\nof law. Thus, the governor might commit murder.\\nThe Senate, on impeachment proceedings, might con-\\nvict him and remove him from office. Then, as a\\ni vate citizen, he might be arrested, tried, and punished\\nfor the crime, under the laws of the State.\\n27. Appointments The Senate also acts as an ad-\\nvisory council to the governor for making certain ap-\\npointments such as the Constitution or laws of the\\nState prescribe to be made by the governor with the\\nadvice and consent of the Senate (111. Const., Art. IV.,\\n10).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0276.jp2"}, "277": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEGISLATUHi: 67\\nTHE LEGISLATURE AS A WHOLE\\n28. Regular sessions The Constitution requires a\\nbiennial session of the General Assembly, the session to\\nbegin at noon on the Wednesday nexl after the first\\nMonday of the year following the general election.\\nThe regular sessions of the Legislature, then, tall in\\nthe odd-numbered years (Art. IV., 9).\\n2* Quorum A quorum of either house is a ma-\\njority of all the members elected (Art. [V., 9).\\nBy a quorum is meant the leasl Dumber which may\\nbe present in order that business may he done. The\\nCongress of the United States and the Legislatures of\\nall the States have the same quorum as that in Illinois.\\n3(). Special Sessions A special session of the Gen-\\neral Assembly may be convened by the governor at\\nany time which be may think proper, f r the consid-\\neration of such business as he may consider necessary.\\nNo other business may be considered at a special\\nsession (Art. V., 8).\\n31. Adjournment When the General Assembly\\nhas finished its business, whether at a regular or\\nspecial session, adjournment is effected at a date\\nagreed upon by the two houses. Neither house can\\nadjourn for more than two days without the consent of\\nthe other (Art. IV., 10). If the houses fail to agree\\nas to the time of adjournment, the governor may\\nadjourn the General Assembly to such time as he may\\nthink proper, but not to a later date than the beginning\\nof the next regular session (Art. V., 9). Adjournment\\nby the governor is called prorogation. The sessions\\nof the British Parliament and of European legislatures\\nin general are regularly ended by prorogation. Amer-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0277.jp2"}, "278": {"fulltext": "6$ TIIE GOVERNMENT OF ILLINOIS\\nican executives (both of the United States and of the\\nStates), however, have the power to prorogue only\\nunder the same circumstances as in Illinois.\\n32. Seat of Government The Constitution does\\nnot fix the seat of government. An act of the Gen-\\neral Assembly passed in 1874 prescribed that Spring-\\nfield should continue to be the capital. In case of\\npestilence or public danger, however, the governor\\nmay designate some other place as the seat of govern-\\nment. Of course the General Assembly, if it saw fit,\\nmight repeal the act of 1874 and make some other\\nplace than Springfield the capital of the State.\\nPOWERS AND DUTIES OF THE LEGISLATURE\\n33. The Legislature Represents the People The\\nGeneral Assembly represents the people of the State.\\nWhatever is done by the General Assembly is supposed\\nto express the will of the people. This is indicated\\nby the opening words of every law made by the Legis-\\nlature Be it enacted by the people of the State of\\nIllinois, represented in the General Assembly (Art.\\nIV., \u00c2\u00a711).\\nWhen the original States broke away from the\\nBritish government, as they no longer had the crown\\nor its agent, the royal governor, over them, they felt\\nsure that their liberties Avere safe. They would there-\\nafter govern themselves by their own freely chosen rep-\\nresentatives, and there would be no more trouble. So\\nit was that the early State constitutions gave large\\nRev. Stat., c. 123, 1.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0278.jp2"}, "279": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEdlSLATURE 69\\npowers to the Legislatures, with few restrictions. Bui\\nas years passed on, the States gradually Learned that\\ntheir own representatives could not always be trusted.\\nUnscrupulous men managed to secure legislation\\nwhich was not for the public good, hut for private\\nadvantage. In order as far as possible to prevent\\nsuch misuse of powers entrusted to the Law-making\\nbody, later constitutions have contained an increasing\\nnumber of checks and prohibitions on Legislation.\\nMany such are found in the Illinois Constitution of\\n1870.\\n34. General Principle of Legislative Power The\\ngeneral principle of power given to a State Legislature\\nis, that any law may be enacted which is not forbid-\\nden by the Constitution of the United States or by\\nthe Constitution of the State. Still, the State Consti-\\ntution enumerates some specific powers of the Legisla-\\nture. It also prescribes Cor that body certain duties.\\n35. Specified Powers of the General Assembly\\nSpecified powers of the Legislature often are given\\nby way of exception to certain duties or prohibitions.\\nExamples of powers thus specifically granted are: the\\ncreation of courts for cities and towns (Art. VI.. 1 1,\\nchanging the boundaries of judicial districts of the\\nSupreme Court (Art. VI., 5), the creation of appellate\\ncourts and the regulation of appeals (Art. VI., \u00c2\u00a711),\\nprovision for dividing the State into judicial circuits\\nand for constituting circuit courts therein (Art. VI.,\\n15), uniting two or more counties for a single county\\ncourt (Art. VI., 18), providing for appeals from county\\ncourts (Art. VI., 19), the establishment of probate\\ncourts in counties with a population over 50,000 (Art.\\nVI., 20), prescribing districts for justices of the peace,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0279.jp2"}, "280": {"fulltext": "70 THE GOVERNMENT OF ILLINOIS\\npolice magistrates, and constables (Art. VI., 21), re-\\nmoving from office any judge, by a vote of three-fourths\\nof the members of each house (Art. VI., 30), exemption\\nfrom taxation of public property and of private prop-\\nerty used for certain public purposes (Art. IX., 3),\\nvesting certain powers of taxation in municipal cor-\\nporations (Art. IX., 9), providing for certain roadways\\n(Art. IV., 30), and for dikes and drains (Art. IV.,\\n31). It does not seem necessary in all cases to specify\\nthese powers, but they are enumerated doubtless so\\nthat there can be no possible question about them.\\n36. Specified Duties of the General Assembly\\nCertain duties of the General Assembly are specifically\\nprescribed.\\nIt is the duty of the General Assembly to make by\\nlaw proper appropriations of money from the State\\ntreasury for the expenses of the State government\\nArt. IV., 18) to provide the letting of contracts for\\nsupplies and printing for the State (Art. IV., 25), and\\nfor the protection of miners (Art. IV., 59) to pass\\nliberal homestead and exemption laws, i.e., laws ex-\\nempting one s home and other property, to a reasonable\\namount, from seizure for the non-payment of debts\\n(Art. IV., 32) to prescribe the times of holding of\\ncounty courts (Art. VI., 14) to provide a thorough\\nand efficient system of free schools (Art. VIII., 1)\\nto give the option to counties of being organized by\\ntownships (Art. X., 5) to regulate the fees of public\\nofficers (Art. X., 12) to provide for minority repre-\\nsentation in voting by stockholders of corporations\\n(Art. XI., 3); to regulate railroad charges (Art. XL,\\nL5); to protect people from fraud and extortion in\\ndealing with public warehouses (Art. XII., 0), and", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0280.jp2"}, "281": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 LEGISLATURE 71\\nin grain (Art. XIII., 7) to make laws forbidding the\\nsale of lottery tickets in the State (Art. IV., 27).\\nTHE METHOD OF LEGISLATION\\n37. In order that the Legislature may exercise its\\npowers properly, the Constitution fixes quite definitely\\nthe manner in which laws shall be made (Const., Art.\\nIV., 11-13). This corresponds to that which is\\nusual in all the States, and is fully explained in Part\\nI. (pp. 41-46). One or two special provisions in Illi-\\nnois may be noted.\\n38. Revenue Bills The Constitution of the United\\nStates* and those of several of the States require\\nthat bills for raising revenue shall originate only in\\nthe lower house. This is in-imitation of a custom of\\nthe British Parliament, for which at one time there\\nwas an excellent reason. No such reason exists in\\nour country, however, and the Illinois Constitution\\nvery properly provides that any bill may originate in\\neither house, but may be altered, amended, or rejected\\nby the other (Const., Art. IV., 12).\\n39. The Popular Veto The Referendum Not\\nall resolutions of the Legislature have to go to the\\ngovernor.\\nAs has been seen (p. 53), a plan for a new Consti-\\ntution is drawn up by a body of representatives of\\nthe people a Constitutional Convention. This is, un-\\nlike the Legislature, a unicameral body, and the plan\\nwhich it may draft is not submitted to the governor\\nfor his approval, but to a vote of the people. If a\\nmajority of all those voting approve the plan, it is\\nU. S. Const., Art. I., \u00c2\u00a77.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0281.jp2"}, "282": {"fulltext": "72 THE GOVERNMENT OF ILLINOIS\\nadopted and becomes law. Otherwise it is rejected.\\nThis amounts to a veto by the people an absolute\\nveto, as there is no way of passing it if the people\\ndisapprove. The governor s veto is not absolute, as\\na two-thirds vote in each house may make a bill be-\\ncome a law, notwithstanding the disapproval of the\\ngovernor.\\nA resolution of the General Assembly in favor of a\\nconstitutional amendment also does not go to the\\ngovernor, but, like the plan proposed by a constitu-\\ntional convention, goes to the people instead. If a\\nmajority of those voting approve, the proposed amend-\\nment is adopted and becomes laAV.\\nThe Constitution also provides that in some cases\\neven measures Avhich have passed both houses of the\\nLegislature and received the approval of the governor\\ndo not become law unless they receive also the direct\\nassent of the people.\\nNo indebtedness can be incurred by the State beyond\\nthe sum of $250,000, except for the purpose of repel-\\nling invasion, suppressing insurrection, or defending\\nthe State in war, without the express approval of the\\npeople (Art. IV., 18).\\nThe total expenditure on the State-house building\\nand grounds cannot exceed $3,500,000, unless the\\npeople approve (Art. IV., 33).\\nNo law authorizing banks can go into effect until\\nthe people have approved (Art. XL, 5).\\nThe above three requirements, together with those\\nrelating to amending the Constitution, require a vote\\nof the people throughout the State.\\nThere are other restrictions on the legislative power\\nof the General Assembly Avhich relate only to particular", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0282.jp2"}, "283": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094LEGISLATURE 73\\ncounties. No division of a county can be made, and\\nno addition to the territory of a county or subtraction\\nfrom it, without the assent of the people concerned\\n(Art.X.,\u00c2\u00a7\u00c2\u00a72,3).\\nNo county seat can be changed without the assent\\nof the voters of the county in this case a three-fifths\\naffirmative vote being required (Art. X., \u00c2\u00a74).\\nThere is also a like limitation in the taxing power of\\ncounty authorities (Art. X., s\u00e2\u0080\u0094 see also p. 153).\\nThe above are requirements of the Constitution. In\\nenacting laws in accordance with its powers the Gen-\\neral Assembly has also in some cases made use of the\\nsame principle. In 1805 a law (p. 148-9) was passed\\napplying the merit system to the government of cities,\\nbut providing that it should not apply to any city\\nwithout the consent of the voters.*\\nThe reference to the people of a proposed law gives\\nthe people an absolute veto on the measure. This is\\nalso called sometimes direct legislation, sometimes\\nthe referendum.\\nIn Illinois no law takes effect until July 1 next\\nfollowing its passage, unless the General Assembly by a\\nvote of two-thirds of all the members of each house\\ndeclare that an emergency exists in which case the\\nlaw may take effect at once.\\nThe veto of the governor of Illinois is fatal to a bill\\nunless it is passed in spite of his objections by a vote\\nof two-thirds of all the members of each house.\\n*Rev. Stat. c. 24, 8 483-4.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0283.jp2"}, "284": {"fulltext": "CHAPTER VI\\nTHE STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE\\nSTRUCTURE\\n1. The Executive Department of the government\\ncarries on the State business the administration. This\\nmight more accurately be called the executive depart-\\nments, as in fact it consists of a number of officers who\\nare not very closely related to one another, and who are\\nnot under a common control. In this respect Illinois\\nis quite unlike the United States. The difference is\\nplainly seen by quoting from the two Constitutions.\\nThe Constitution of the United States (Art. II., 1)\\nreads The executive power shall be vested in a\\nPresident of the United States of America.\\nThe Constitution of Illinois (Art. V., 1) reads\\nThe executive department shall consist of a gov-\\nernor, lieutenant-governor, secretary of state, auditor\\nof public accounts, treasurer, superintendent of public\\ninstruction, and attorney-general.\\nFrom these statements, and from the subsequent\\ndistribution of powers, it will appear that the President\\ndirects and controls the Federal administration, while\\nthe Illinois governor has little or no control over the\\nremaining executive officers. These officers are not", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0284.jp2"}, "285": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE f\\nresponsible to the governor, because he does not appoint\\nthem and he cannot remove them, lie can only ask\\ninformation from them.\\nTHE GOVERNOR\\nSTRUCTURE OF THE OFFICE\\n2. The Governor is elected by the people at each\\nalternate biennial general election (p. 58). His term\\nof office is four years, beginning on the second .Mon-\\nday of the January following the election.\\nJ*. Election and Term of Office\u00e2\u0080\u0094 The election\\nof governor, it will be seen, comes in the same year\\nas the choice of Presidential electors it lie year whose\\nnumber is divisible by four), and the governor s term\\nof office xvvy nearly coincides with that of the Presi-\\ndent (Art. V., L, 3).\\nWhile the governor s term of office is four years,\\nnevertheless it does not expire until his successor is\\nelected and qualified. Thus, in case of any failure to\\nelect a new governor, or of any delay in the assump-\\ntion of office, the former governor continues t hold\\nthe chair. On the other hand, as soon as the Presi-\\ndent s term has expired, he becomes at once a private\\ncitizen. There might, then, be circumstances in which\\nthere would be no President of the United States.\\nBut it is likely that there will be, under almost any\\ncircumstances, a governor of Illinois.\\nIf, at the election, there should be two candidates\\nfor governor with an equal vote, and that higher than\\nany other, then the General Assembly, by joint ballot,\\nchooses one of the two (Art. Y., 4). Any contest as", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0285.jp2"}, "286": {"fulltext": "76 THE GOVERNMENT OF ILLINOIS\\nto the election is also decided in like manner by the\\nGeneral Assembly.\\n4. Qualifications To be elected governor one\\nmust have three qualifications age, citizenship, and\\nresidence. The age must be at least thirty for the\\nfive years next preceding the election the candidate\\nmust have been a citizen of the United States (Art. Y.,\\n5), and for the year next preceding the election he\\nmust have been a resident of the State (Art. VII., 6).\\n5. Disqualifications The governor cannot hold\\nany other State office during the term for which he is\\nelected, and he must reside at the seat of government\\n(Art. V, 5, 1).\\n6. Privileges The governor is entitled to a sal-\\nary, which must be fixed by law, and cannot be in-\\ncreased or diminished during his official term (Art. V.,\\n23). The law at present fixes the salary at $6,000.\\nThe same law gives the governor the use of the execu-\\ntive mansion at Springfield as a residence.\\nADMINISTRATIVE POWERS\\n7. Supreme Executive Power The powers of\\ngovernor, while not so great as those of the President\\nof the United States, are still considerable. The gov-\\nernor has the supreme executive power (Art. Y.,\\n6), which merely means that in point of rank and\\ndignity he represents the State, and that, so far as the\\nConstitution and laws warrant, he supervises and man-\\nages the State affairs.\\n8. Appointments to Civil Offices The power to\\nRev. Stat, c. 53, \u00c2\u00a71.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0286.jp2"}, "287": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 77\\nappoint, by and with the advice and consent of the\\nSenate, some officers of the State civil service belongs\\nto the governor officers whose appointment or lec-\\ntion is not otherwise provided for (Art. V., 1 i. These\\nofficers are: the boards which manage the various\\nState institutions (excepting the Stale University), jus-\\ntices of the peace in the city of Jhicagq I Ait. VI.,\\nand a few other State officers. Their functions will\\nbe explained later (p. 84).\\ni). Appointments to military Ofliees The (in-\\nstitution makes the governor commander-in-chief f\\nthe military and naval forces of the State (Art. Y..\\n14), and requires that all militia officers shall receive\\ntheir commissions from him (Ait. XII., 3). The stat-\\nutes give him the power to appoint the officers of his\\nown staff, genera] officers, and, on recommendation of\\nthe latter, their staffs also.*\\nIO. Appointment to Fill Vacancy\u00e2\u0080\u0094 In case of va-\\ncancy in any office not elective, it is the governor s\\nduty, if the Senate is not in session, to make a tempo-\\nrary appointment until the next meeting of the Senate.\\nlie then nominates some person to fill the office, and.\\nby and with the advice and consent of the Senate,\\nmakes the appointment to fill such vacancy for the re-\\nmainder of the term in question (Art. V.. 11).\\nJudicial officers are elective, and so as a rule a\\nvacancy in such office is filled by a special election.\\nHowever, in case of a vacancy in the office of a judge,\\nif the unexpired term does not exceed one year, the va-\\ncancy is filled by the governor s appointment (Art. VI.,\\n32).\\nRev. Stat., c. 129, 4, 5.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0287.jp2"}, "288": {"fulltext": "78 THE G0VERN3IENT OF ILLINOIS\\n11. Removal from Office The governor has the\\npower to remove from office any officer whom he may\\nappoint, in case of incompetency, neglect of duty, or\\nmalfeasance in office (Art. V., 12). Of course this\\npower does not extend to any officers who derive their\\nauthority from any other source than the governor s\\nappointment.\\n12. Military Control The governor is commander-\\nin-chief of the military and naval forces of the State,\\nand may call them out to maintain public order or to\\nprotect the State from invasion. The State National\\nGuard and Naval Militia are thus bound to obey the\\ngovernor s orders (Art. V., 14).\\n13. Information The governor may at any time\\nrequire information, in writing, from any officer of the\\nExecutive Department or of State institutions, as to\\nmatters falling under their charge (Art. Y., 21).\\nLEGISLATIVE POWERS\\n14. While the governor is supposed to be at the\\nhead of the executive, or administrative, branch of the\\nState government, yet he has some powers which are\\nrelated to legislation. This is one of the exceptions to\\nthe separation of powers to which reference is made\\nin Article III. of the Constitution.\\n15. Meeting- and Adjournment of the Legislature\\nThe governor may convene the Legislature in special\\nsession (p. 67), and, in case of disagreement between\\nthe two houses as to the time of adjournment, he may\\nadjourn them to a, date which he may fix (p. 67) (Art.\\nV.; 8, 9).\\nlO. Suggestion of Legislation\u00e2\u0080\u0094 He may suggest to", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0288.jp2"}, "289": {"fulltext": "STATE OOVERNMENT-THE EXECUTIVE 79\\nthe General Assembly such legisation as he thinks ex-\\npedient (Art. Y., 7). Of course the Legislature is not\\nbound to act in accordance with his suggestions.\\n17. Approval or Negative of Bills\u00e2\u0080\u0094 Veto\u00e2\u0080\u0094 All hills\\npassed by the General Assembly must, before they be-\\ncome laws, be presented to the governor for his ap-\\nproval 73) (Art. V., 16). Thus he has a voice in\\nlegislation, and while his veto is not absolute yet it is\\noften quite difficull to secure a two-thirds vote of each\\nhouse for the enactment of a bill which he disapproves.\\nJUDICIAL POWERS\\n18. The governor has some powers which relate to\\nthe structure or proceedings of the judiciary.\\n19. Appointment As has been seen, the governor\\nappoints a judge to (ill a vacancy in such office, if the\\nunexpired term is not over one year (p. 77) (Art VI.,\\n32), and he appoints the justices of the peace of Cook\\nCounty, by and with the advice and consent of the\\nSenate (p. 134) (Art. VI., 28).\\n20. Pardons The governor has the power to\\ngrant reprieves, commutations, and pardons, alter con-\\nviction, for all offences (Art. V., 13).\\nA reprieve is a postponement of the time for the\\nexecution of a penalty inflicted by a court upon an\\noffender.\\nA commutation is a lessening of such a penalty.\\nA pardon frees an offender from all the legal con-\\nsequences of a crime.\\nIt is thought proper that somewhere in the govern-\\nment there should he lodged the power of granting\\nmercy to offenders, as at times there are reasons which", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0289.jp2"}, "290": {"fulltext": "80 THE OOVERN3IENT OF ILLINOIS\\nmake advisable such exceptions to the ordinary opera-\\ntion of justice. This power is usually vested in the\\nexecutive. It is a heavy burden for the governor, as\\nurgent appeals are made to him in many cases, and it\\nis hard to resist petitions for clemency. In order to\\nrelieve the governor from this pressure the Pennsyl-\\nvania Constitution establishes a board of pardons,\\nconsisting of four State officers, and gives the gover-\\nnor the pardoning power only in cases recommended\\nby that board. In Illinois such a board is constituted\\nby law, but it is merely an advisory body (p. 113).\\nThe governor of Illinois can exercise this power\\nonly -after a court of law has duly found a person\\nguilty of an offence against the laws, after convic-\\ntion. There is no such limitation on the pardoning\\npower of the President of the United States, and ac-\\ncordingly he can grant immunity from the legal con-\\nsequences of crime at any time, even before arrest or\\ntrial.*\\nDUTIES\\n21. The main duty of the governor is to take care\\nthat the laws be faithfully executed (Art. V., C\\nThis duty he may perform in various ways.\\n22. Execution of the Laws In the first place, he\\nis to perform such duties as the laws enacted by the\\nLegislature prescribe.\\nIf he has reason to believe that officers whom he\\nIkis appointed ;ire derelict in their duty, he can re-\\nmove them and appoint others in their place (p. 78).\\nIn c;isc of other officers of the State, as well as local\\n\u00e2\u0099\u00a6Const, of the United States, Art. II., \u00c2\u00a72.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0290.jp2"}, "291": {"fulltext": "STATE GO VERNMENT\u00e2\u0080\u0094THE EXECUT1 VE 8 1\\nofficers of nil kinds, the governor has practically little\\nor no control, and hence no means of seeing thai they\\ndo their duty in executing the laws.\\nIf the laws of the State arc resisted by private in-\\ndividuals, it is the duty of mayors and police authori-\\nties in cities, and of the sheriffs of counties, to over-\\ncome such resistance. If they are unable to do so,\\nthey are then to notify the governor, and it becomes\\nhis duty to call out the State military to aid in en-\\nforcing the law.\\n2,*5. Appointments It is the duty of the governor\\nto make the appointments to office heretofore men-\\ntioned 76-7).\\n24. Information to the General Assembly It is\\nhis duty to give the Legislature information as t the\\ncondition of the State I Art. Y.. c 7). This he does at\\nthe beginning of each Legislative session, and at the\\nend of his term of office. At the same time he ac-\\ncounts for all money in the State which may he in his\\ncharge, and furnishes estimates of the amount to he\\nraised by taxation. He bases his estimates on the re-\\nports which the State 1 executive officers make to him\\n(Art. V., 21). The communication which the gov-\\nernor makes to the General Assembly is called his\\nmessage.\\n25. Oath The governor, like all other civil officers\\nof the State, must, before he enters on the duties of\\nhis office, take an oath to support the Constitution of\\nthe United States and the Constitution of the State,\\nand that he will faithfully perform his duties to the\\nbest of his ability (Art, Y., 26).\\nRev. Stat., c. 38, 2561-256n.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0291.jp2"}, "292": {"fulltext": "82 THE GOVERNMENT OF ILLINOIS\\n2 First Governor The first governor, elected in\\n181S, was Shadrach Bond.\\nVACANCY IN THE OFFICE OF GOVERNOR\\n27. Vacancy in other executive offices, as has been\\nexplained (p. 77), is filled either by a special election or\\nby appointment by the governor. But if the gover-\\nnor himself should die, or in any other Avay the office\\nshould become vacant, it is important that the place\\nshould be filled immediately. For this purpose the\\nConstitution makes two special provisions.\\n28. The Lieutenant-Governor The first is the\\ncreation of an officer, the lieutenant-governor, for the\\nsole purpose of being ready to fill the office of governor\\nin case of a vacancy (Art. V., 1, 3, 5).\\n29. Election, Tenure, Qualifications The lieuten-\\nant-governor is elected by the people at the same time\\nand for the same term as the governor, and he must\\nhave the same qualifications as the governor, and has\\nthe same disqualification for holding other office (Art.\\nV., \u00c2\u00a7\u00c2\u00a71,3,5).\\n30. Oath and Salary The lieutenant-governor\\ntakes the same oath as the governor. His salary is\\nfixed by statute at $1,000. If he succeeds to the duties\\nof governor, he has the emoluments of that office.\\n31. Duties In order to give him something to do,\\nthe lieutenant-governor is made presiding officer of the\\nSenate, but he is not a member of that body and has\\nno vote except in case of a tie (Art. V., 18).\\n32. Filling Vacancy If the governor fails to take\\nthe oath of office, dies, resigns, is convicted on impeach-\\nment and so removed from office, is absent from the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0292.jp2"}, "293": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 83\\nState, or in any other way incapable of performing his\\nduties (e.g.,i\u00c2\u00a3 be should become insane), the lieutenant-\\ngovernor succeeds to the office for tin- residue of the\\nterm if the disability be total, for the duration of the\\ndisability if thai be temporary (Art. V.. 17i.\\n33. First Lieutenant-Governor The first Lieuten-\\nant-governor of the State was Pierre Menard, elected\\nin 1818.\\n34. President of Senate and Speaker of Hon**\\nThe second provision of* the Constitution is for the case\\nin which there is no lieutenant-governor, as well as no\\ngovernor. Then the president pro tempon of the\\nSenate (p. 65) fills the vacancy as governor. If in the\\nsame way he should leave the office vacant, the speaker\\nof the House of Representatives sncceeds I Art. V.. L9).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0293.jp2"}, "294": {"fulltext": "CHAPTER VII\\nTHE EXECUTIVE {Concluded)\\nADMINISTRATIVE DEPARTMENTS\\n1. Heads of State Departments Besides the gov-\\nernor and the lieutenant-governor, the Constitution\\nnames five other officers in the executive department\\n(Art. V., 1). Each of these is really the head of a\\nseparate department of the administration such as in\\nthe Federal government are called cabinet departments.\\nThey are the secretary of state, the auditor of public\\naccounts, the treasurer, the superintendent of public\\ninstruction, and the attorney-general.\\n2. Election and Term of Office They are all elected\\nby the people at one of the general elections, and all\\nbut the treasurer for the term of four years. The\\ntreasurer s term is two years. The secretary of state,\\nauditor, and attorney-general are elected at the same\\ntime as the governor, and begin their term of office at\\nthe same time with that officer (p. 75) (Art. V., 1,\\n2, and 3). A treasurer is elected [it each general elec-\\ntion, in November of the even-numbered years. It is\\nthought better that his term should be short, so that\\nthe books can be inspected anew quite frequently.\\n5. Qualifications Citizenship and residence are re-\\nquired as qualifications for these offices the general", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0294.jp2"}, "295": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE\\nrequirements for all civil or military office in the State.\\nThe candidate musl be a citizen of the United States\\nand must have been a residenl of the State during the\\nyear next preceding the election (Art. VII., 6).\\n4. Oath The heads of departments must take the\\nsame oath of office as the governor (p. 81) (Art. V..\\n5. Disqualifications All except the treasurer are\\nineligible to any other office during the period for\\nwhich they have been elected (Art. V., 5).\\nThe treasurer is ineligible to the treasurership for\\ntwo years after the end of the term for which he lias\\nbeen elected (Art. V., 2).\\nNone of the five above named officers may reside\\nelsewhere than at the seal of government during the\\nterm for which they have been elected.\\nG. Privileges and Duties\u00e2\u0080\u0094 The salaries of the of-\\nficers of the executive department are not fixed by the\\nConstitution, but are determined by statute. They\\nare in each case, $3,500.\\nThe salary may not be increased nor diminished\\nduring the official term of the officer in question (Art.\\nV., 23).\\n7. Duties, Constitutional The Constitution pre-\\nscribes certain duties for the heads of executive de-\\npartments, and gives the Legislature power to prescribe\\nother duties (Art. V., 1).\\nHead of departments are to keep the public rec-\\nords, books, and papers at the seat of government (Art.\\nV., 1).\\nThe treasurer must, if required by the governor, give\\n*Rev. Stat., c. 53, 1.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0295.jp2"}, "296": {"fulltext": "86 THE GOVERNMENT OF ILLINOIS\\nreasonable additional security for the honest perform-\\nance of his duties (Art. V., S 2).\\nJareful accounts must be kept of all money received\\nor paid out (Art. V., 20).\\nAll the heads of executive departments must, at least\\nten days before the beginning of each regular session\\nof the Legislature, make to the governor a report of the\\nbusiness of the office. A special report must also at\\nany time be submitted when required by the governor\\n(Art. V., 21).\\n8. Duties, Statutory The statutes fix the duties of\\nthe respective officers quite definitely.\\nThe secretary of state keeps the official records.\\nThese are all laws enacted by the Legislature with or\\nwithout the approval of the governor, all the proceed-\\nings of the General Assembly, the official acts of the\\ngovernor, the record of all incorporations, and similar\\nmatters. There are also other less important duties.*\\nThe auditor of public accounts keeps an account\\nwith all persons or corporations having financial deal-\\nings with the State, examines all claims on the State for\\nmoney, grants warrants on the State treasury for such\\nclaims as he finds to be proper, and attends to some\\nother duties.f\\nThe State treasurer takes charge of the money belong-\\ning to the State, and pays it out on warrants drawn by\\nthe auditor.\\nThe State superintendent of public instruction keeps\\na general oversight of the common schools of the State.\\nHe gives advice to county superintendents and teachers,\\nRev. Stat., e. 124, 3-5. f Rev. Stat., c. 15, 7, 8, 22\\nJ Rev. Stat., c. 130, \u00c2\u00a7\u00c2\u00a77, 10.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0296.jp2"}, "297": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 87\\ninterprets the meaning of the school Laws, grants State\\ncertificates to teachers who are qualified, records and\\nreports educational statistics, acts as a member of cer-\\ntain educational governing bodies, and performs some\\nother duties.\\nThe State attorney-general is the principal Legal\\nadviser of the State government. He conducts certain\\nLawsuits for the State (especially in the Supreme\\nCourt), advises State officers on Legal questions, and\\ndocs such other dul ies as may be imposed upon him by\\nlaw. t\\nVacancy -In case of a vacancy in any of these\\nState executive offices, the governor appoints for the\\nresidue of the term i Art. V.. 20).\\nPURPOSES OF GOVERNMENT AND LAW\\nlO. The Main Purposes of Government, as laid\\ndown in the preamble to the Illinois Constitution, are\\nto insure justice, domestic tranquillity, the public de-\\nfence, the general welfare, and liberty. All these\\nwould be in danger without government Men in\\ntheir dealings with one another are in many cases\\napt to be dishonest and unjust. Thieves and robbers\\nare ready to appropriate property which is not their\\nown. Assaults, riots, even murder, are always possi-\\nble in a mixed and crowded society. Property is in\\ndanger from lire and Hood, as well as from thieves.\\nand the public health may often be endangered by\\ncareless or ignorant people.\\n*Rev. Stat., c. L22, \u00c2\u00a34. [Rev. Stat., c 14, \u00c2\u00a34.\\nt Rev. Stat., c. 46, 128.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0297.jp2"}, "298": {"fulltext": "88 THE GOVERNMENT OF ILLINOIS\\nTo prevent these and many other dangers to the\\npersons and property of the people, government is\\ncreated in all its branches. To secure the purposes of\\nthe preamble, the Legislature makes laws, the execu-\\ntive puts them in force, the courts decide their appli-\\ncation to specific cases.\\nIn order to administer the various laws which have\\n1 een enacted from time to time for the purposes above\\nmentioned, the Legislature has been obliged to provide\\nofficers in addition to those created by the Consti-\\ntution, and to specify their powers and duties. In\\nmany cases these officers are a small body called a\\nboard. In other cases they are single individuals.\\nA board meets from time to time and decides what\\nto do by a majority vote. In the employ of the board\\nare usually single officers who carry out the plans\\nadopted. The advantage of having a board is in the\\npossibility of deliberation of getting the judgment\\nof more than one man. If there is no particular need\\nof deliberation, but the main thing is merely to put\\ninto execution certain policies already determined,\\nthen a board is not necessary.\\nPUBLIC DEFENCE\\n1 1. The Public Safety may be in danger from inva-\\nsion by a foreign enemy or from insurrection at home.\\nTo guard against these dangers the Constitution and\\nstatutes provide for the organization of a State mili-\\ntary and naval force (Art. XII.). This is put under\\nthe immediate authority of the governor as com-\\npile v. Stat., c. 129.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0298.jp2"}, "299": {"fulltext": "state (;oYi:i;.\\\\Mi:xr-riii: EXECUTIVE\\nmander-in-chief Art. V.. 14 There is do State exe-\\ncutive department corresponding to the Federal de-\\npartment of w;ir. The Suite militia, or a part of\\nthem, may be called into the service of the United\\nStates. In that case the command is transferred from\\nthe governor to the President.\\nAll able-bodied male citi/ens between the agesof\\neighteen and forty-five, with some exceptions, are lia-\\nble to military duty (Ait. XII., L), and in an emer-\\ngency all may be called on.* Usually, however, the\\nranks of the militia are filled by volunteers.\\n12. The National Guard The law provides t li.it\\na certain number of troops shall he enrolled and or-\\nganized so as always to he ready for duty. This body\\nis called the Illinois National Guard. f\\n13. The Governor s Staff The general manage-\\nment of the Guard is carried on under the governor s\\ndirection by several officers who form the governor s\\nstaff. They are appointed by the governor and hold\\noffice during his pleasure. The principal officer of the\\ngovernor s stall is tin 4 adjutant-general, who has\\ncharge of most of the general administration of the\\nGuard.\\n14. Organization of the Guard The Guard is or-\\nganized in companies, battalions, regiments, and bri-\\ngades, each with its proper officers. A full company\\nof infantry has 103 officers and men. A lull battal-\\nion has four companies; a full regiment has three bat-\\ntalions a brigade has several regiments, usually three\\nor four. A company is commanded by a captain,\\naided by two lieutenants, live sergeants, and four\\nRev. Stat., c. 129, 1. Rev. Stat., e. 129.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0299.jp2"}, "300": {"fulltext": "90 THE GOVERNMENT OF ILLINOIS\\ncorporals. A battalion is commanded by a major, a\\nregiment by a colonel (with a lientenant-colonel sec-\\nond in command), a brigade by a brigadier-general\\neach commanding officer being aided by a group of\\nofficers called the staff. Sergeants and corporals are\\nnon-commissioned officers, being appointed, on recom-\\nmendation of the captain, by the battalion or regi-\\nmental commander. Other officers are commissioned\\nby the governor.\\nCaptains and lieutenants are elected by their com-\\npanies. They are known as line officers. The com-\\nmanding officers of battalions and regiments, known\\nas field officers, are elected by their line officers.\\nBrigadier-generals are appointed by the governor.\\nStaff officers of a battalion, regiment, or brigade hold-\\ning commissions are appointed by the governor on\\nrecommendation of the respective commanding officers.\\nNon-commissioned staff officers are appointed by the\\nrespective commanders. All commissioned officers be-\\nlow the rank of brigadier-general must pass an exam-\\nination in military tactics as a prerequisite to appoint-\\nment.\\nCompanies of cavalry and artillery are organized\\nvery nearly like companies of infantry. A company\\nof cavalry is usually called a troop, and a company\\nof artillery a battery. The latter may have six pieces\\nof artillery.\\nThe State provides the Guard with uniforms, arms,\\nand equipments, with armories, places for rifle prac-\\ntice, and with camping grounds.\\n15. Naval Militia None of the States keeps war\\nvessels, all such being a part of the United States\\nnavy. However, several States which border on", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0300.jp2"}, "301": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 91\\nnavigable water maintain a naval militia, which is\\nuseful in aiding to maintain order OH occasions of\\nemergency, and at the outbreak of war furnishes a\\nvaluable auxiliary to the national navy.\\nThe Illinois naval militia consists of two battalions\\nof four divisions (or companies) each. The command-\\ning officer is known as a com ma na\\\\ r, each battalion is\\nunder the command of a lit utt ?iant-command r. each\\ndivision under a lieutenant (aided by a lieutenant,\\njunior grade, and two ensigns). There are also suitable\\nstaff officers. The governor appoints the officers and\\ncontrols the organ ization.\\nPUBLIC EDUCATION\\n16. Ignorance is the parent of a large amount of\\nmisery and crime. In a republic in which suffrage is\\nso widely extended as it is in our States, also, unless\\nthe people are able to understand what their votes\\nmean, it is evident that voting will be not only useless\\nbut dangerous (Art. V 1 1 1\\nFor these reasons education is provided by the State\\nfree of cost.\\n17. Ordinance of 1787, Article III.\u00e2\u0080\u0094 One of the\\nsix fundamental articles of compact between the\\nUnited States and the people of the old Northwestern\\nTerritory (p. 14) found in the Ordinance of 17 s 7 is\\nthis Religion, morality, and knowledge, being neces-\\nsary to good government and the happiness of man-\\nkind, schools and the means of education shall forever\\nbe encouraged.\\n*Rev. Stat., c. 122.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0301.jp2"}, "302": {"fulltext": "92 THE GOVERNMENT OF ILLINOIS\\n18. Land Set Aside for Education The enabling\\nact of Congress for the admission of Illinois to the\\nUnion stipulated that in each township the section\\nnumbered 16 should be granted to the State for the use\\nof the people in said township in maintaining schools\\nand further that one entire township, in addition\\nto one already reserved for that purpose under the\\nterritorial laws, should be set aside for the purpose of\\nmaintaining a seminary of learning.\\n19. Constitution of Illinois The present Consti-\\ntution of the State contains an entire article (VIII.)\\ndevoted to education, which requires the General As-\\nsembly to provide a thorough and efficient system of\\nfree schools, whereby all children of this State may\\nreceive a good common-school education 1). The\\nConstitution also requires that all funds received by\\nthe State for educational purposes be devoted to those\\npurposes and to no other 2), that the money of the\\nState shall not be appropriated to aid sectarian schools\\n3), that no school officers or teachers shall have\\nany pecuniary interest in books, apparatus, or furni-\\nture used by the schools 4), and permits counties to\\nhave a school superintendent 5).\\n2( School Law The State school law is very elab-\\norate.! It provides for schools in every city, village,\\nand district in the State, supported by the public funds\\nderived from the sale of the school lands and by tax-\\nation. These schools Avill be discussed more in detail\\nunder the subject of Public Education (p. 155).\\nThe laws provide also for a State superintendent of\\npublic instruction, for a State Board of Education, for\\nAd of April 18, 1818, G. f Rev ytilt c 122", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0302.jp2"}, "303": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE j:\\\\\\nschools in the State charitable institutions, for State\\nnormal schools, and for a State university.\\n21. State Superintendent The duties of the State\\nsuperintendent have already hern mentioned (p. v\\nHis term of office is four years, and he is elected in\\nthe middle of the governor s term, so as to keep this\\nelection as much as possible Out of pally politics.\\nState schools are maintained in the charitable insti-\\ntutions for the blind, the deaf and dumb, and the fee-\\nble-minded (p. 99).\\n22. Normal Schools\u00e2\u0080\u0094 Normal schools are estab-\\nlished for education in the science and art of teaching.\\nIt is by no means true that one who is familiar with a\\nSubject is able to teach it. It is true that ne who has\\na natural aptitude for teaching is Likely to succeed even\\nwithout special training. But it is far better v any\\nteacher, whatever his natural endowments or his knowl-\\nedge, to have the advantage of study and instruction\\nin the principles and methods of education. For these\\npurposes the State has by law established and maintains\\nfour normal schools.\\n23. The Illinois State Normal University, at Nor-\\nmal, McLean County, was the first t he organized,\\nthe work having begun in is; 7. This school was\\ngiven by act of the Legislature the land grant of two\\ntownships to which reference was made by ongress\\nin the enabling act for Illinois (p. 20). Its affairs are\\nmanaged by the Board of Education of the State of\\nIllinois. The board consists of fifteen members, ap-\\npointed by the governor, with the approval of the\\nSenate, for the term of six years. The State super-\\nintendent is ex officio a member of the board, and its\\nsecretary.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0303.jp2"}, "304": {"fulltext": "94 THE GOVERNMENT OF ILLINOIS\\n24. The Southern Illinois State Normal Univer-\\nsity, at Carbondale, Jackson County, was organized in\\nI860, and began work in 1874. Its business is managed\\nby a board of trustees, of whom five are appointed by\\nthe governor for a term of four years, and a sixth mem-\\nber is the State superintendent of public instruction.\\n25. The Eastern Illinois State Normal School, at\\nCharleston, Coles County, and the Northern Illinois\\nState Normal School, at DeKalb, were organized by\\nlaw in 1895, and are to begin instruction in the autumn\\nof 1899. Each is in charge of a board of trustees, five\\nin number, appointed by the governor, by and with\\nthe advice and consent of the Senate, for a term of\\nfour years.\\n26. State University The University of Illinois,\\nat Urbana, Champaign County, is the State University\\nthe two State Normal Universities being in fact not\\nuniversities, but normal schools. An act of Congress\\npassed in 1862 gave a land grant for the establishment\\nof colleges of agriculture and the mechanic arts in the\\nseveral States. On this foundation the General As-\\nsembly in 1863 organized by law the Illinois Industrial\\nUniversity, the original purposes of which were indi-\\ncated by the name. As the character of the work\\nbroadened, the name was changed (1885) to its present\\nform. It now consists of a number of colleges and\\nschools, devoted to general and professional education.\\nThe schools of medicine and pharmacy are in Chicago.\\nThe university is controlled by a board of trustees.\\nNine are elected by the people for a term of six years,\\nthree being chosen at each biennial general election.\\nThus the board is a continuous body (p. 59). The\\ngovernor, superintendent of public instruction, and the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0304.jp2"}, "305": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 95\\npresident of the State Board of Agriculture are sever-\\nally ex officio members of the board.\\nThe boards which control these five State educational\\ninstitutions have the power to appoint all teachers and\\nofficers, to prescribe the plan of organization and study,\\nand to expend the money appropriated for their re-\\nspective schools by the Legislature.\\n27. State Libraries and Museums Hesides the\\nLibraries and museums connected with the University\\nand other educational institutions, the State maintains\\nthree libraries at Springfield.\\nThe State Law Library is connected with the\\nSupreme Court.\\nThe State Library is a general collection of books.\\nkept in the capitol, ami controlled by a board consist-\\ning of the governor, the secretary of state, and the\\nState superintendent of public instruction.\\nThe State Historical Library is a collection of books,\\ndocuments, and other material illustrating the history\\nof Illinois. It is managed by a board of three trustees.\\nappointed by the governor, with the approval of the\\nSenate, for two years.\\nPENAL AND REFORMATORY INSTITUTIONS\\n28. Crime A third danger to the peace and good\\norder of society conies from crime. Some crimes are\\nthe result of sudden temptation, others come from habit\\nand deliberate purpose. Those who are guilty of these\\nlatter crimes are habitual criminals.\\nThe laws of the State forbid certain acts to be done,\\nand prescribe penalties for the commission of such", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0305.jp2"}, "306": {"fulltext": "96 TIIE GOVERNMENT OF ILLINOIS\\nacts.* Violation of any part of these laws is crime.\\nIt is the duty of local police officers to arrest criminals,\\nand of the courts to ascertain the guilt or innocence of\\nprisoners by a trial. In case of proven guilt the court\\nthen prescribes such penalty as the law directs.\\nIn most cases of serious crime the penalty is impris-\\nonment for a greater or less period. The State, there-\\nfore, has to provide prisons in which to keep con-\\ndemned criminals.\\nOne purpose of imprisonment is punishment. An-\\nother is to remove the criminal from society and so\\nto prevent him from further criminal acts. But it is\\nhoped that in as many cases as possible the prisoner s\\nreform may be effected. If the criminal can be\\ntaught habits of industry and orderly life he may,\\nwhen he leaves the prison, become a law-abiding and\\nhonest citizen. It is in any event not desirable that\\nany of the prisoners should be kept in idleness. Ac-\\ncordingly many forms of productive industry are car-\\nried on in the prisons. Plans are also put in opera-\\ntion by which prisoners are classified, and those who\\nbehave well may earn better treatment while in the\\nprison and may shorten their term.\\n29. The Illinois State Penitentiary at Joliet was\\nestablished by law in 1857, and opened in 1858. It is\\ncontrolled by a board of three commissioners, appointed\\nby the governor with the approval of the Senate. The\\nterm is six years, and one is appointed every second\\nyear. Flic warden, who has immediate charge of the\\nprison, and other officials are appointed by the board.f\\nSO. Southern Illinois Penitentiary There is a\\nRev. Stat., c. 38. Rev. Stat., c. 108, 3-5.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0306.jp2"}, "307": {"fulltext": "STATU GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE\\nseoond prison at Chester, established in L87T, to which\\ncriminals are sent from the southern part of the State.\\nThis is the Southern Illinois Penitentiary. Its man-\\nagement is in the hands of a board of three commis-\\nsioners, in all essential respects like the board of the\\nJoliet prison.*\\n31. The Parole System One arrangement for the\\nreformation of prisoners involves the indeterminate\\nsentence and the pa/role system.^\\nFor all felonies except treason and murder a maxi-\\nmum period and minimum period of imprisonment arc\\nfixed in the law. A judge in sentencing a convicted\\ncriminal does not decide t lie time limit. If the con-\\nvict proves himself worthy of the privilege, he may\\nbe allowed to leave the prison on parole. As long\\nas lie behaves himself he will not be molested, and if\\nhe continues to be industrious and apright he may, on\\nrecommendation of the prison authorities, be finally\\ndischarged from the remainder of his penalty, provid-\\ning the governor approves. A prisoner who is guilty\\nof violating the conditions of his parole may be ar-\\nrested and compelled to serve the remainder of his\\nmaximum term.\\n32. Illinois Asylum for the Criminal Insane\\nInsane criminals are kept in the Illinois Asylum for\\nthe Criminal Insane, also at Chester, and controlled\\nby the board of commissioners of the Southern Peni-\\ntentiary. This was established in 1 Such unfor-\\ntunate creatures evidently must be separated from\\nordinary criminals and kept under suitable care.\\n*Rev. Stat., c. 10S, GG-69.\\nfRev. Stat., c. 38, 498-506.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0307.jp2"}, "308": {"fulltext": "98 THE GOVERNMENT OF ILLINOIS\\n38. Illinois State Reformatory It is evident that\\nthere is more encouragement in the hope of reforming\\nquite young criminals than can be the case with those\\nof mature age. On the other hand, to confine mere\\nboys among hardened offenders can have no result\\nbut to confirm criminal inclinations which otherwise\\nmight be eradicated. With these facts in view, the\\nLegislature established in 1867 a reform school, now\\nknown as the Illinois State Reformatory. It is situ-\\nated at Pontiac, Livingston County. It is controlled\\nby a board of managers, five in number. They are ap-\\npointed by the governor for a term of ten r ears each,\\none being appointed every second year. ~No more\\nthan three may be of one political party. Boys be-\\ntween the ages of ten and twenty-one are sentenced to\\nthe reformatory rather than to one of the penitenti-\\naries. In each case the sentence is not for a definite\\nterm, and the board of managers may release any pris-\\noner who gives evidence of reformation. The release\\nmay be on probation, or it may be final. While in\\nthe reformatory the boys are taught useful branches\\nof knowledge in a carefully planned school.*\\n34. State Home for Juvenile Female Offenders\\nGirls between the ages of ten and sixteen who are\\noffenders against the laws, or who for reasons satis-\\nfactory to a court should be taken in charge by the\\nState, are sent to the State Home for Juvenile Female\\nOffenders, at Geneva, Kane County. This is controlled\\nby a board of trustees, five in number, two of whom\\nmay be women. They are appointed by the governor\\nfor a term of three years each, one being appointed each\\nRev. Stat. c. 118.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0308.jp2"}, "309": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE\\nyear. Inmates of the home are taught suitable indus-\\ntries. It is attempted to make the girls capable of\\nearning a respectable living when they .re sent away.*\\nINSTITUTIONS FOR THE ALLEVIATION OF\\nMISFORTUNE\\n:$5. Public- Charities There are some kinds of\\nmisfortune for which the State can on the whole take\\nbetter care than any private charity. For this reason\\nit is a common thing throughout the Onion for the\\nStates to establish and maintain asylums for the blind,\\nfor the deaf and dumb, Tor the insane, and lor the\\nfeeble-minded. Besides these, there are homes for old\\nsoldiers, who have risked their lives for their country\\nand are no longer able to care for themselves.\\nGeneral supervision over such work in Illinois be-\\nlongs to the Board of State (.Commissioners of Public\\nCharities. This body consists of five persons, ap-\\npointed by the governor with the approval of the\\nSenate. The term of office is five years, and one is\\nappointed annually. The board inspects the various\\nState charitable institutions and makes an annual re-\\nport to the governor.\\nIllinois maintains at present fourteen charitable in-\\nstitutions. There are six for the insane, two for the\\nblind, one for the deaf and dumb, one for feeble-\\nminded children, one eye and ear infirmary, a home\\nfor soldiers and sailors, a home for the widows and\\none for the orphans of soldiers.\\nThe ^Northern Hospital for the Insane is at Elgin\\n*Rev. Stat., c. 118, 2G.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0309.jp2"}, "310": {"fulltext": "100 THE OOVERN3IENT OF ILLINOIS\\nthe Southern Hospital for the Insane is at Anna the\\nEastern Hospital for the Insane is at Kankakee; the\\nWestern Hospital for the Insane is at Watertown\\nthe Central Hospital for the Insane is at Jacksonville\\nthe Asylum for the Incurable Insane is at Barton ville\\n(near Peoria) the Illinois Institution for the Blind is at\\nJacksonville, and there is an Industrial Home for the\\nBlind in Chicago the Illinois Institution for the Edu-\\ncation of the Deaf and Dumb is at Jacksonville the\\nAsylum for Feeble-minded Children is at Lincoln the\\nIllinois Charitable Eye and Ear Infirmary is in Chi-\\ncago the Soldiers and Sailors Home is at Quincy\\nthe Soldiers Widows Home is at Wilmington the\\nSoldiers Orphans Home is at Normal.\\nEach of these institutions is controlled by a board of\\ntrustees, usually of three members, appointed by the\\ngovernor, with the approval of the Senate, for a term\\nof six years, one being appointed every two years.\\nPERSONAL SAFETY\\n36. The Safety of people in life, limb, and health\\nmust largely depend on their oAvn intelligence and\\nvigilance. However, one part of the business of gov-\\nernment is to protect the community from dangers\\nwhich cannot easily be guarded against by individuals\\nthemselves. The most of this is done by local authori-\\nties. The general government of the State, however,\\nundertakes some things which are of such a nature as\\nto be beyond the power of localities.\\n:*7. The State Board of Health consists of seven\\npersons, appointed by the governor, with the approval\\nof the Senate, for a term of seven years. One is ap-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0310.jp2"}, "311": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 101\\npointed each year. The board has power to establish\\nquarantines, to investigate sanitary matters and to\\nmake sanitary regulations, lias charge of the State\\nsystem of registration of births and deaths, and deter-\\nmines the Legal qualifications of physicians to practice\\nmedicine.*\\n38. The State Board of Pharmacy consists of live\\npersons, themselves duly qualified pharmacists, ap-\\npointed by the governor Cor a term of five years, one\\neach year. Its duties are to examine applicants for\\ncertificates of authorization to compound and dispense\\nmedicines, to issue such certificates to persons found\\ncompetent, and to prosecute persons who dispense\\ndrugs without such certificates.\\nHi). The State Board of Dental Examiners has a\\nlike constitution with the hoard of pharmacy, and per-\\nforms similar duties with reference to practicing\\ndentists.;):\\nNo one has a right to practice as a physician, of as a\\ndentist, or to dispense drugs in Illinois, who isn t duly\\nqualified under the Laws of the State. The three hoards\\nabove named are created in order to enforce those laws.\\nThe object is to prevent danger to life and health from\\nignorant and unskilful persons.\\n40. Laws for Protection of Goal Miners\u00e2\u0080\u0094 -Coal\\nmining is a very dangerous employment dangerous in\\nmany ways. In order to protect those engaged in this\\nemployment against such dangers the laws make very\\nspecific regulations and require a careful inspection of\\nmines by experts. The inspectors are selected in ac-\\n*Rev. Stat., c. 12Ga, c. 91, \u00c2\u00a75. Rev. Stat., c 91, \u00c2\u00a7\u00c2\u00a7l -34\\nJRev. Stat., c. 91, \u00c2\u00a7\u00c2\u00a735-44.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0311.jp2"}, "312": {"fulltext": "102 THE GOVERNMENT OF ILLINOIS\\ncordance with a carefully planned system. The board\\nof labor commissioners (p. 107) appoints a board of ex-\\naminers, consisting of two coal miners, two coal opera-\\ntors, and one mining engineer. On the recommenda-\\ntion of this board the governor appoints seven duly\\nqualified inspectors, one for each of the seven districts\\nin which the State is divided for the purpose. These\\ninspectors make careful inspection of all coal mines and\\nappurtenances in the State, in order to make sure that\\nthe mining laws are properly observed.\\n41. State Board of Factory Inspectors Some\\nmanufacturing industries also are accompanied by\\ndangers and evils which the State tries to prevent.\\nClothing is at times made or repaired in small and\\ncrowded rooms reeking with filth and disease. Such\\nwork is dangerous to those employed in it, and is, per-\\nhaps, equally dangerous to any who may afterwards\\nhandle or use the garments. Workshops are often\\nbadly planned for health and comfort. Young chil-\\ndren are employed for long hours in factories when\\nthey ought to be in school. These and similar evils\\nthe laws are intended to remedy, f In order to have\\nthese laws properly enforced, a State Board of Factory\\nInspectors is created. This board consists of one\\ninspector, one assistant inspector, and ten deputy\\ninspectors. Five of the deputies must be women.\\nThe governor makes the appointments. The inspector\\nhas a term of four years, and the others hold during\\ngood behavior.\\n42. State Board of Examiners of Architects\\nThe proper construction of buildings has an important\\nRev. Stat., c. 93. f Rev. Stat., c. 48. Ibid., 29.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0312.jp2"}, "313": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE In;;\\nrelation to personal safety. II the architecture is\\ngrossly defective the building itself may collapse, to\\nthe great danger of Life and Limb; it may be a fire-\\ntrap, or the sanitary arrangements may cause disease.\\nFor these reasons the laws regulate the profession of\\narchitects, and the enforcemenl of those laws is put\\nin the hands of a State Hoard of Examiners of Archi-\\ntects. No architect can practice his profession in\\nthe State unless properly licensed by this board.*\\nPROTECTION AGAINST FRAUD, EXTORTION. AND\\nINCOMPETENCE\\n43. There are some forms of fraud, extortion, and\\nincompetence against which it is very difficult for in-\\ndividuals to protect themselves. Laws are made, there-\\nfore, to prevent these evils, and officers are provided\\nwhose particular duty it is to see that these laws are\\nenforced.\\n44. The Railroad and Warehouse Commission\\nconsists of three persons, appointed by the governor,\\nwith the approval of the Senate, for a term of two\\nyears, f It is their duty to inspect railroads and ware-\\nhouses for the storage of grain, and to enforce the\\nprovisions of the State laws regulating the methods\\nof doing business and the maximum charges which\\ncan be made. These laws are based on Articles XI.\\nand XIII. of the State. Constitution.\\n45. Chief Inspector of Grain To aid the commis-\\nsion in their work the governor is required to appoint\\nAct of 1897. f Rev. Stat., c. 114, 167, 184.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0313.jp2"}, "314": {"fulltext": "104 THE GOVERNMENT OF ILLINOIS\\na chief inspector of grain, with the approval of the\\nSenate. His term is two years. On his recommenda-\\ntion the Railroad and Warehouse Commission are\\nauthorized to appoint a suitable number of assistant\\ninspectors. The inspectors of grain are controlled by\\nthe commission.\\n40. Insurance on both person and property has\\nbecome one of the most important facts in modern\\nsociety. The policies in Illinois alone amount to\\nmany millions of dollars, and involve the interests\\nof a large proportion of the people of the State. To\\nguard the interests of all concerned, the laws make\\nmany explicit regulations as to the method of car-\\nrying on insurance business, and the supervision of\\nsuch business and the enforcement of the insurance\\nlaws are entrusted to an insurance department^ at\\nthe head of which is a superintendent, appointed by\\nthe governor, with the approval of the Senate, for four\\nyears.\\n47. Board of Examiners of Horseshoers Serious\\ndamage may be done to horses by unskilful work in\\nshoeing, especially in large cities, and the laws accord-\\nin lily provide for a Board of Examiners of Horseshoers.\\nThis board issues licenses, and no one without a license\\nis allowed to practice as a horseshoer in the cities in\\nwhich the law is in force. The law applies to cities\\nof 50,000 or more people. Cities of between 10,000\\nand 50,000 may come under the provisions of the law\\nif they wish4\\nRev. Stat., c. 114, 146. Rev. Stat., c. 73.\\nAct of 1897.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0314.jp2"}, "315": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 Till: EXECUTIVE 1\\nENCOURAGEMENT AND PROTECTION OF CERTAIN\\nINDUSTRIES\\n48. The fertile soil of Illinois has from the firs!\\nsettlement made agriculture a Leading industry*. For\\nthe encouragement and improvement of farming,\\nfairs are held, in which there is competition for prizes\\nbestowed on exhibitors f choice farm stock and\\nproducts. Farmers institutes are also conducted in\\nvarious parts of the Stale, in which methods are dis-\\ncussed and instruction is given. An annual meeting\\nof the same kind is also held at some one place in the\\nState. Horticulture is also encouraged. Money is ap-\\npropriated by the Legislature for all these objects, and\\nthe management of these funds is placed in the hands\\nof various boards.\\n49. The State Board of Agriculture consists of a\\npresident, the last ex-president, and from each con-\\ngressional district of the State one vice-president. The\\npresidents and vice-presidents are elected for two years\\nby delegates from the comity agricultural societies.\\nmeeting at the State fair in the even-numbered years.\\nThe board has charge of the work of the State depart-\\nment of agriculture and oi the State fairs.\\n50. The State Horticultural Society is made by\\nlaw a public corporation, and is given certain funds\\nby the State for the encouragement of horticulture^\\nThe affairs of the society and the management of its\\nfunds are entrusted to an elected executive board.\\n51. The Illinois Farmers Institute is made a\\npublic corporation and manages funds contributed by\\n*Rev. Stat., c. 5. f Rev. Stat., c. 5, 16-22.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0315.jp2"}, "316": {"fulltext": "100 THE GOVERNMENT OF ILLINOIS\\nthe State. It consists of three delegates from each\\ncounty, elected annually by the county farmers insti-\\ntutes. The affairs are managed by a board of direc-\\ntors, consisting of several members ex officio, the State\\nsuperintendent of public instruction, the professor of\\nagriculture in the University of Illinois, the presidents\\nof the State Board of Agriculture, of the State Horti-\\ncultural Society, and of the State Dairymen s Associa-\\ntion, and of one member from each congressional\\ndistrict, chosen by the delegates at the annual meeting.\\n52. State Board of L i\\\\ r e Stock Commissioners;\\nThe protection of domestic animals from contagious\\nand infectious diseases is very important for the busi-\\nness interests of the State. The laws provide means\\nfor doing this, and entrust those means to the State\\nBoard of Live Stock Commissioners, f The commis-\\nsioners are three in number, appointed by the governor\\nfor three years, one being appointed each year. They\\nmust be practiced stock breeders, and must not all be\\nof the same political party.\\n53. Board of Fish Commissioners The presence\\nin the waters of the State of abundance of edible fish\\nnot only affords sport, but also assures a valuable\\nsource of food supply. However, in the ordinary course\\nof things it would not be long before the fish in the\\nlakes and streams would be practically exterminated.\\nTo prevent this, laws have been passed X which regu-\\nlate the time and manner of catching fish, forbid\\ncertain measures which would destroy them, and pro-\\nvide for the stocking of the waters so that the supply\\nRev. Stat., c. 5, 43.-51. f Rev. Stat., c. 8, 47-61.\\nJ Rev. Stat., c. 56.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0316.jp2"}, "317": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 1 )7\\nmaybe kept up. The enforcement of these laws is\\nput principally in the hands of the Board of Fish Jom-\\nmissioners. They are three in number, appointed by\\nthe governor for a term of three years each. One is\\nappointed annually.\\nThe commission gives particular attention to hatch-\\ning fish, and distributing the young among the waters\\nof the State. On recommendation of the commission,\\nalso, the governor appoints fish wardens, who have\\npower to arrest any violators of the laws for the pres-\\nervation of fish.\\n54. Game Wardens\u00e2\u0080\u0094 Similar conditions make it\\nnecessary for the State to take measures for prevent-\\ning the destruction of game animals on the land. 4 The\\nlaws for this purpose are especially enforced by game\\nwardens. The governor may appoint three, tor a term\\nof two years, one from each of the Largest three cities\\nof the State. The wardens watch for the unlawful\\nsale of game.\\n55. Bureau of Labor Statistics Many laws have\\nbeen passed for tin 1 protection of manual Laborers. In\\norder to secure accurate knowledge on such subjects,\\nthe Legislature has established a Bureau of Labor Sta-\\ntistics^ which is managed by the Board of Commis-\\nsioners of Labor. The board consists of five persons,\\nappointed by the governor, with the approval of the\\nSenate, for a, term of two years. Three must be man-\\nual laborers, and two must be employers of such labor.\\nIt is the duty of the board to gather statistics relating\\nto manual labor, and to embody these statistics in a\\nbiennial report to the General Assembly.\\nRev. Stat., e. 61. f Rev. Stat., c. 17b.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0317.jp2"}, "318": {"fulltext": "108 THE GOVERNMENT OF ILLINOIS\\n56. State Board of Arbitration and Conciliation\\nDisputes between manual laborers and their employ-\\ners have at times led to serious troubles which have\\nendangered the public peace. In order to prevent such\\noccurrences, the laws provide for a State Board of Ar-\\nbitration and Conciliation,* the purpose of which is to\\ninduce the parties to such a dispute to settle their dif-\\nferences amicably. The board consists of three per-\\nsons, appointed by the governor, with the approval of\\nthe Senate, for a term of three years. Not more than\\ntwo may belong to the same political party. One\\nmust be an employer of labor, one an employee, and\\none must be neither.\\nPUBLIC WORKS\\n57. Public Works consist of buildings or engineer-\\ning constructions which are undertaken by the govern-\\nment because they are thought to be for the general\\ninterest. Thus the United States builds custom-houses\\nand post-offices in various cities, and improves harbors\\nand rivers for the benefit of navigation. Several\\nEuropean nations own and operate railroads and\\ntelegraph lines. At one time Illinois undertook an\\nextensive system of railroads.\\n58, Interna] I m provements, 1837-40 The Gen-\\neral Assembly in 183? authorized an expenditure of\\nover $10,000,000 for internal improvements, as the\\nworks were called. The plan contemplated improve-\\nment of the navigation of several rivers, and a series\\nof railroads from east to Avest and north to south across\\nBey. Stat., c. 10, 19-27.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0318.jp2"}, "319": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE 109\\nthe State. The work whs began, but was never car-\\nried to completion. It was abandoned in L840, leav-\\ning the State heavily in debt, and with little to show\\nfor it but a few piles of dirt.\\n59. Illinois Central Railroad In 1850 Congress\\npassed an act which granted to the State of Illinois\\nnearly 3,000,000 acres of public hmd for the construc-\\ntion of a railroad through the centre of the State, with\\na branch to Chicago. Owing to the disastrous expe-\\nrience with the plan of L837, the General Assembly did\\nnot think it wise to undertake the work on State ac-\\ncount, but in 1851 passed an act by which the entire\\nland grant was given to a private corporation (The\\nIllinois Central Railroad Company) on condition that\\nthey should build the road. There were some other\\nstipulations, one of which was that in lieu of all taxes\\nthe company should pay into the State treasury\\nannually seven per cent, of the net earnings of the\\nroad, [n the Constitution of L870itwas provided that\\nneither the Legislature nor any other branch of the\\nState government should ever have power to modify\\nor rescind this arrangement (separate section follow-\\ning Art. XIV., 111. Const.).\\nGO. Illinois and Michigan Canal While the public\\nworks authorized in 1837 proved a failure, there was\\none undertaking which was carried to completion\\nthe Illinois and Michigan Canal. The portage between\\nLake Michigan and the Des Plaines River was long\\nused by the French explorers, and the idea of connect-\\ning these waterways by a canal was suggested at an\\nearly date. In 1822 Congress authorized the State to\\nconstruct the canal through the public land, and in\\n1827 in addition gave the State a grant of land which", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0319.jp2"}, "320": {"fulltext": "HO THE GOVERNMENT OF ILLINOIS\\nmight be sold to pay the cost. The actual work was\\nbegun in 1836, and was carried on, through many\\nfinancial difficulties, until its completion in 1848. The\\ndebt incurred was paid off in 1871. The canal is\\nninety-three miles long, and extends from Chicago to\\nLockport, at the head of navigation on the Illinois\\nRiver.\\nThe State Constitution forbids the sale or lease of the\\ncanal without the consent of the people, given at one of\\nthe general elections (separate Section III., 111. Const.)\\nThe canal is controlled by a commission of three\\npersons, appointed by the governor, with the approval\\nof the Senate, for two years.*\\n61. Buildings belonging to the State are mostly\\nthose of the State institutions the university, peniten-\\ntiaries, asylums, and the like. They are built and con-\\ntrolled by the respective boards.\\nThe State Capitol at Springfield is a building which\\nwas constructed under authority of an act passed by\\nthe General Assembly in 1867. Its cost Avas upwards\\nof |4,000,000. In it are rooms for the sessions of the\\ntwo houses of the Legislature and of the Supreme\\nCourt, besides offices for the governor and for many\\nother executive officers and boards. It also contains\\nthe State libraries. The Legislature is forbidden to\\nmake appropriations for the building and grounds to\\nexceed $3,500,000 without the consent of the people\\ngiven at a general election (Art. IY., 33). The secre-\\ntary of state is the custodian of the building.\\n*Rev. Stat., c. 19, \u00c2\u00a71.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0320.jp2"}, "321": {"fulltext": "STATE UOVEENMEXT-TIIE EXECUTIVE HI\\nAUXILIARY BOARDS\\n62. In order more perfectly to carry out the Consti-\\ntution and laws, several commissions are created whose\\nduties are to aid in the performance of duties assigned\\nto certain specific departments of the government.\\nElection Hoards\u00e2\u0080\u0094 Hie election of State officers\\nand of Federal Presidential electors and representa-\\ntives is by the people. It is necessary that the official\\nreport of these elections should he reviewed by BOine\\ncompetent authority which shall officially determine\\nand announce the results.\\nAll election returns for Presidential electors, repre-\\nsentatives in Congress, members of the State Legisla-\\nture, State judicial officers, and members of the State\\nboards of equalization are sent by the county clerks to\\nthe secretary of state. That officer, together with the\\nauditor of public accounts and the attorney-general,\\nform the State Board of Elections to verify the returns.\\nElection returns for the offices of governor, lieuten-\\nant-governor, secretary of state, auditor, treasurer, at-\\ntorney-general, and superintendent of public instruc-\\ntion are sent by the county clerks to the secretary of\\nstate in sealed envelopes addressed to The Speaker\\nof the House of Representatives. On the meeting of\\nthe General Assembly, the speaker opens the envelopes\\nin the presence of both houses, and reads the returns.\\nThe Legislature acts as a State board of elections to\\nverify these returns and to settle contests (ArtY.,\u00c2\u00a7IV.).\\n64. Commission of Claims According to the\\nConstitution of the United States (Amendment XI.),\\n*Rev. Stat., c. 40, T6-7S.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0321.jp2"}, "322": {"fulltext": "112 THE GOVERNMENT OF ILLINOIS\\na State cannot be sued by any citizen. Accordingly,\\nif individuals have any legal claims against the State,\\nfounded on any law or on any contract with the State\\ngovernment, the only way of getting these claims paid,\\nif there is a dispute, is to lay the matter before the\\nGeneral Assembly. In order to save the time of that\\nbody, it has been provided by law that there shall be\\na Commission of Claims. This body is composed\\nof three persons, lawyers, not more tham two of\\nwhom may belong to the same political party. They\\nare appointed by the governor, with the approval of\\nthe Senate, for four r ears. The commission meets an-\\nnually at Springfield, in August. Their awards on\\nclaims are reported to the governor, and by him are\\nlaid before the Legislature.\\n65. State Board of Equalization Taxes voted by\\nthe General Assembly are based on the value of prop-\\nerty throughout the State, as determined by the asses-\\nsors and the various county boards (p. 151). The coun-\\nty clerks report the results to the State auditor. It is\\nquite possible that assessors in different counties may\\nnot always determine the value of property on the\\nsame basis, and therefore that some counties may be\\nassessed too much and others too little. Of course this\\nmakes no difference for county taxes, but it would not\\nbe fair in laying State taxes. To remedy this difficulty\\nthe law provides for a State Board of Equalization, f\\nThis board consists of one member from each con-\\ngressional district, chosen by the people at the same\\ntime as the choice of Presidential electors, for a term\\nof four years. It is the duty of the board to equalize\\nRev. Stat., c, 2Ga. f R ev. Stat., c. 120, 100-116.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0322.jp2"}, "323": {"fulltext": "STATE GOVERNMENT\u00e2\u0080\u0094 THE EXECUTIVE\\nthe assessment of property values among the counties\\nby raising or Lowering such as they think proper,\\nwithin certain limitations.\\n66. State Board of Pardons As has already\\nbeen explained, the governor has the power to pardon\\ncriminals (p. 7 In order to relieve him to some\\nextent from the great labor and pressure involved in\\nthe exercise of this power, the General Assembly by\\nlaw has established a Board of Pardons. This consists\\nof three persons, not more than two of whom may\\nbelong to one political party. They are appointed by\\nthe governor for three years.\\nThe constitutional provision which gives the gover-\\nnor the pardoning power (Art. L3) reserves to\\nthe Legislature the right to prescribe the manner in\\nwhich applications for pardons shall be made. The\\nlaw requires the application to go to the board, which\\nthen considers the case and recommends to the gover-\\nnor such action as in the opinion of the board is\\nproper. The recommendation of course is not binding\\non the governor; and a petition for reprieve in case\\nof a death penalty may go directly to the governor.*\\nAct of 1897.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0323.jp2"}, "324": {"fulltext": "CHAPTER VIII\\nTHE JUDICIARY\\nLAW AND COURTS\\n(See also pp. 75-86)\\n1. Rights Two of the main reasons for having a\\ngovernment are in order that people may know their\\nrights, and in order that these rights may be protected.\\nPeople have a right, for instance, to own and use\\nproperty to move about freely from place to place\\nto make agreements with one another.\\nWithout a government there may be great differ-\\nences of opinion as to what are the things to which\\npeople have rights, and it may be very difficult for\\npeople to protect themselves against others who are\\nunscrupulous. In countries newly settled there has\\nsometimes been just that state of things, and every one\\nthere has had to be ready to defend life and property\\nby force.\\nGovernment, then, makes laws which enumerate\\nand define rights at the same time the government\\nprovides the means of protecting such rights.\\n2. Obligations On the other hand, no one has any\\nbusiness to interfere with people in the enjoyment\\nof their rights. One who deprives another wrong-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0324.jp2"}, "325": {"fulltext": "77//: JUDICIARY 115\\nfully of his property, for example, is a thief or a\\nrobber. The duty to respect the rights of others is\\nwhat we mean by an obligation.\\n3. Criminal Laws There is one class of laws\\nwhich forbid certain acts to be done, and prescribe a\\npenalty for the commission of such acts. The viola-\\ntion of one of these prohibitions is a crime. The\\nlaws in question are called criminal laws.\\nThe Illinois criminal code contains a Long list of\\nacts which arc forbidden as crimes \u00e2\u0080\u0094burglary, murder,\\nperjury, and many others.* One Large pari of the\\nbusiness of the police and of Law courts is taken up with\\nthe prevention, detection, and punishment of criminals.\\n4. Civil Suits People who are not criminals\\nmay differ as to what are their rights. There may\\nbe difference of opinion as to the facts in dispute, and\\ndifference of opinion as to what the law means. The\\nlaws define the rights at issue, and in such cases, if\\nthe parties cannot agree, it is the business of the\\ncourts to decide what are the facts and how the law-\\napplies. Such business of the courts is called civil,\\ninstead of criminal. For instance, two men may have\\na contract, in carrying it out they may not be able\\nto agree. Then, at the request of one of them, it is for\\nthe courts of law to decide what are the respective\\nrights of the parties under the law which regulates\\ncontracts. So far as law is concerned, then, people\\nhave only those rights which the laws enumerate and\\ndefine, and are under obligation to do or not to do\\nthose things which the laws specify.\\nThe supreme law of the land the law with which\\nRev. Stat., c. 38.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0325.jp2"}, "326": {"fulltext": "116 THE GOVERNMENT OF ILLINOIS\\nno other law must conflict is the Constitution and\\nLaws of the United States.\\nNext in importance, in this State, is the Constitution\\nof Illinois. Neither the Legislature nor any other au-\\nthority in the State may enact a law which conflicts\\nwith the State Constitution.\\n5. Illinois Revised Statutes The great mass of\\nlaws which determine private rights in Illinois i. e.,\\nthe rights of individuals are the laws of the State,\\nfound either in the Constitution or in the statutes\\npassed by the Legislature. They are nearly all gath-\\nered together in a large volume called the Revised\\nStatutes. As at every session the Legislature makes\\nmore laws, the Revised Statutes will seldom have quite\\nall the laws of the State.\\n6. English Law Yery many of the rules of law\\nfollowed by our courts are English. Before the Revolu-\\ntionary War the laws of England were in force through-\\nout the colonies. The lawyers and the courts were\\naccustomed to English legal methods and rules. These\\nhave been continued. The General Assembly has en-\\nacted that the laws of England which were in force\\nwhen the first English settlement was made in America\\n(1607), with some express exceptions, and so far as these\\nlaws are applicable here (i.e., so far as they are not\\npeculiarly applicable to England), shall continue to\\nbe in force in this State until repealed by act of the\\nLegislature.*\\nSuch laws are of two kinds. Part of them are acts\\nof the English Parliament. Part are what is known as\\nthe Common Law.\\n*Rov. Stat., c. 28.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0326.jp2"}, "327": {"fulltext": "THE JUDICIARY 117\\n7. Common Law\u00e2\u0080\u0094 The Common Law is simply\\nthe long-established customs of the English courts.\\nMany of these customs, whose origin goes back so far\\nas to be lost in antiquity, still prevail in the Illinois\\ncourts.\\nOf course, if an act of the Legislature conflicts with\\nany portion of the Common Law, the acl stands and\\nhas the effecl of repealing the custom which it contra-\\nvenes.\\ns. Criminal Cases\u00e2\u0080\u0094 It* a person is arrested on the\\ncharge of committing a crime, it is a principle of\\nAmerican law that penalty cannot l e inflicted until\\nthe guilt of the accused is proved by a trial before a\\ncourt of law. This court consists of a judge, who pre-\\nsides and decides questions of law. ami a jury, which\\n(in Illinois) decides questions both of law and fact.\\nIn most States the jury decides merely questions of\\nfact.\\nThe judge is an officer of the state who holds office\\nfor a definite term of years.\\nThe jury consists of citizens who are selected to act\\nfor a given trial, or during- a particular session of the\\ncourt.\\n5). Civil Cases If there is a dispute between peo-\\nple as to their rights, and they are unable to agree, the\\ndispute may be settled by a trial in a court of law.\\nThe court usually consists, as in criminal cases, of\\njudge and jury.\\n10. Appeals It is also the custom to allow either\\nparty to a suit, if he is dissatisfied with the decision,\\nto appeal to a higher court (pp. 110, 120, 1:2:2V\\n11. Grades of Courts The judiciary department,\\nthen, must contain a series of courts, so that appeals", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0327.jp2"}, "328": {"fulltext": "118 THE GOVERNMENT OF ILLINOIS\\nmay go from one to the next higher, with one highest\\nof all for the whole State.\\nThe lowest courts are local, and will be described\\nunder the head of Local Government (pp. 130, 132).\\nThe State courts are of three grades Circuit, Ap-\\npellate, and Supreme.\\nCIRCUIT COURTS\\n12. Circuits The State is divided by act of the\\nLegislature into (at present) thirteen circuits, outside\\nof Cook County. Each consists of contiguous counties,\\nand they are approximately equal in population. The\\njudges of the circuit courts are elected by the people\\nof the respective circuits (Art. VI., 15).\\n13. Circuit Judges Election Three judges are\\nchosen in each circuit, for a term of six years. The\\nelection is held the first- Monday of June (Art. YL,\\n12). The first under this law was in 1879. The pur-\\npose in holding the election in the summer is to keep\\nthe selection of judges, as far as possible, free from\\nparty politics, f\\n14. Qualifications The qualifications for election\\nto a circuit judgeship are age, citizenship, and resi-\\ndence. The candidate must be a citizen of the United\\nStates, at least twenty-five years of age, a resident of\\nthe State five years next preceding the election, and a\\nresident of the circuit at the time of the election\\nArt. YL, 17).\\n1 5. Salary\u00e2\u0080\u0094 The salary of circuit judges is $3,500,\\nexcept in Cook County (p. 119), in which the salary is\\n*Rev. Stat., c. 37, 72. f Rev. Stat., c. 37, 75.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0328.jp2"}, "329": {"fulltext": "Til E -J r DIC I All Y lig\\n$7,000. The salary cannot be increase I or diminished\\nduring the term for which a judge Is elected (Art.\\nVI, 16).*\\n10. Tonus Each judge in a circuit holds court\\nsuccessively in the various county seat f It is for this\\nreason that the court is called circuit. The judges ar-\\nrange among themselves the order in which they si will\\nseverally visit the different counties. The law fixes the\\ndates of holding court at each county seat X (Art. VI.,\\n14).\\n17. Jurisdiction The original jurisdiction of a cir-\\ncuit court extends to all cases in law and equity\\n(Art. VI., \u00c2\u00a712). The appellate jurisdiction of the\\ncircuit court covers appeals from county courts and\\nprobate courts, with certain exceptions, and from jus-\\ntices of the peace.\u00c2\u00a7\\n18. Courts of Cook County Cook County, on ac-\\ncount of its great population, constitutes a judicial cir-\\ncuit, and has a Large number of judges. Besides the\\ncircuit judges, there are also the judges of a superior\\ncourt, with similar jurisdiction.\\nAPPELLATE COURTS\\n19. Appellate Districts The State is divided by\\nact of the General Assembly into four appellate court\\ndistricts (Art. VI., 11). Cook County is one. The\\nothers are the three former Supreme Court grand\\ndivisions Northern, Central, and Southern. In each\\n*Rev. Static. 53, 3. 61. Rev. Stat., e. 37, 74.\\nRev. Stat., c. 37, 77-78m.\\nRev. Stat., c. 37, 212, 226 c. 79, 115.\\n1 Rev. Stat., c. 37, 18, 1.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0329.jp2"}, "330": {"fulltext": "120 THE GOVERNMENT OF ILLINOIS\\ndistrict there is an appellate court of three judges.\\nThe places of meeting are Chicago, Ottawa, Spring-\\nfield, and Mt. Vernon.\\n20. Selection The three judges are selected by the\\nSupreme Court from the circuit judges of the district.\\nIn Cook County they are selected- from circuit or su-\\nperior judges.*\\n21. Jurisdiction The appellate court has no orig-\\ninal jurisdiction, f but hears only appeals and writs of\\nerror from the lower courts the circuit courts, the\\nsuperior courts of Cook County, county and probate\\ncourts, and city courts as regulated by statute. Crim-\\ninal cases, cases involving the validity of a law, and\\nsome others are not appealed to the appellate courts,\\nbut go directly to the Supreme Court. In cases of\\nminor importance the decision of the appellate court is\\nfinal. Others may be further appealed to the Supreme\\nCourt. But if the appellate court thinks proper, any\\ncase decided by it may be appealed to the Supreme\\nCourt.\\n22. Organization The three judges of an appellate\\ncourt sit together, choosing one of their own number\\nto preside. Two are necessary for a quorum, and the\\nconcurrence of two for the validity of a decision.\\nThere is no jury.+\\nTIIE SUPREME COURT\\n23. The Highest Court of the State is the Supreme\\nCourt, Avhich holds its sessions in the capitol at Spring-\\nfield (Art. VI., 2-10).\\nRev. Stat., c. 37, 22. f Rev. Stat., c. 37, 25,\\nRev. Stat., e. 37, \u00c2\u00a7\u00c2\u00a323, 24.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0330.jp2"}, "331": {"fulltext": "THE JUDICIARY 121\\n24. Election The Supreme Court consists of seven\\njudges elected by the people lor a term of nine years.\\nThe election is held on the firsl Monday in June. They\\nare not all chosen at the same time. Tin- term of one\\nexpires in L900, of a second in L903, and of the re-\\nmainder in L906. This comes about because under\\nthe Constitution of l s l^ the Supreme Courl consisted\\nof three judges, elected for nine years, one being chosen\\nevery three years. The Constitution of L870 added\\nPour more, and prescribed thai they should he elected\\nfor the next ensuing nine-year term.\\n25, Districts For the election, the State is divided\\ninto seven districts, and each district elects on judge.*\\nThe term of the judge chosen in the fifth district ex-\\npires in ll)(M and that of the judge chosen in the fourth\\ndistrict in L903.\\n2G. Qualifications\u00e2\u0080\u0094 The qualifications for election\\nare citizenship, age, and residence (Art. VI., 3). The\\ncandidate must at the time of his election Oca citizen\\nof the United States, at least thirty years old, a resident\\no\\\\ the State for the five years next preceding the lec-\\ntion, and a resident of the district in which he is chosen.\\n27. Salary The salary of supreme court judges as\\nfixed by the Legislature is $5,000 f (Art. VI.. \u00c2\u00a77). This\\nsalary cannot in any case be increased or diminished\\nduring the term for which a judge was elected.\\n28. Organization The judges meet together, four\\nconstituting a quorum, and the concurrence of four\\nis necessary to a decision. They elect one of their\\nnumber as chief justice. The court appoints a reporter\\nfor the term of six years (Art. VI., 2, 6, 9).\\n*Rcv. Stat., c. 37, 2, f Rev. Stat,, c. 53, 60.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0331.jp2"}, "332": {"fulltext": "122 THE GOVERNMENT OF ILLINOIS\\n29. Tonus The court holds four terms a year. Until\\n1897 the court met at three places Springfield, Ot-\\ntawa, and Mt. Yernon. The State was divided into\\nthree grand divisions, and the court met in each. Now\\nthe meeting is at the seat of government, Springfield.*\\n30. Jurisdiction The Supreme Court has original\\njurisdiction in cases relating to the revenue of the\\nState and to cases of mandamus and habeas corpus\\n(Part I., pp. 88, 160). In all other cases the court has\\nappellate jurisdiction (Art. VI., 2).\\nA writ of mandamus is an order issued by the court\\ndirecting some one to do a certain act.\\nAppeals come to the Supreme Court from county and\\nprobate courts, from circuit courts and the superior\\nand criminal courts of Cook County, from city courts,\\nand from appellate courts, as prescribed by statute, f\\nThe decision of the Supreme Court is final, unless under\\ncircumstances which permit appeal to the Supreme\\nCourt of the United States.\\n*Rev. Stat., c. 37, 1.\\nf Rev. Stat., c. 37, 257, 227, 213, 88, 25.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0332.jp2"}, "333": {"fulltext": "CHAPTER IX\\nLOCAL GOVERNMENT\u00e2\u0080\u0094 COUNTIES AND TOWNS\\nPOLITICAL DIVISIONS OF THE STATE\\n(See also Chap. III.)\\n1. By Local Self-government in the United States\\nwe mean the government of each subdivision of a state\\nby the people who inhabit that subdivision. It is the\\nAmerican practice to extend local self-government in\\nthis sense as far as possible.\\nThere are many matters of public concern which are,\\nhowever, of public concern only for the people of a\\nportion of the State. These people, then, ought to\\nregulate such matters as they please. Things which\\ninterest the whole State, on the other hand, belong to\\nthe whole State to manage.\\n2. Counties The State is divided into counties\\n(p. 28). In Illinois there are now 102 counties. The\\nfirst county organized within the present limits of the\\nState, as has been said before, was St. Clair County. It\\nwas organized by General Arthur St. Clair, Governor\\nof the old Northwest Territory, in 1790, and was\\nnamed from him. As the population of the State grew\\nand spread, this county was subdivided, and more\\ncounties were formed. They bear the names, some of\\neminent politicians, statesmen, or soldiers, like Wash-\\nington, Hamilton, Knox, Jefferson, Jackson some of\\nmen prominent in State affairs, like Menard (from the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0333.jp2"}, "334": {"fulltext": "124 TEE GOVERNMENT OF ILLINOIS\\nfirst lieutenant-governor), Bond (from the first gov-\\nernor of the State), La Salle (from the famous French\\nexplorer); some from the names of rivers or Indian\\ntribes, like Kankakee, Sangamon, Winnebago, Iro-\\nquois.\\n3. Towns and Townships The counties are in\\nmany cases divided into toAvns, often loosely called\\ntownships (p. 30). These are not the same. Even if\\nthe boundaries of the town coincide with those of a\\ncongressional township, it must be remembered that\\neven then township and town are different things.\\nThe one is a piece of land irrespective of whether it\\nhas inhabitants or not. The other may be the same\\npiece of land, but it is that land inhabited it is a town\\nonly because it is inhabited, as a convenience for local\\ngovernment. In short, a town is a unit of local gov-\\nernment in a county a township is a unit of measure\\nin the land survey, Avithout any regard to counties or\\nStates.\\nCOUNTY GOVERNMENT\\n4. The counties are units of local government into\\nwhich the State is divided. Counties are formed\\nmerely for convenience of government. Each county,\\nthen, has a government of its own.\\n5. The Comity Board In the county govern-\\nment the legislative and executive branches are not so\\nsharply divided from each other as is the case in the\\nState. The county legislature is the County Board.\\nIn a county which is divided into towns, the County\\nBoard is called the Board of Supervisors. In counties\\nnot so divided and in Cook County, the board is called\\n*llev. Stat., c. 34, 23.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0334.jp2"}, "335": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 COUNTIES AND TOWNS 125\\nthe Board of County Commissioners. ButtheCounty\\nBoard is more than a legislative body. It also has a\\nnumber of administrative duties. In this respect it is\\nquite like the various State executive boards which we\\nhave already examined. Indeed it is for this reason\\nthat the name board is applied to the comity Legis-\\nlature.\\n6. The Board r Supervisors A Board Super-\\nvisors is composed f one supervisor from each town,\\nelected for one year a1 the annua] town meeting the\\nfirst Tuesday in April. Of course, then, there areas\\nmany supervisors in the board as there are towns in\\nthe county. The hoard chooses its own chairman. A\\nmajority of all the supervisors forms a quorum.\\n7. Board of County Commissioners A Board of\\nCounty Commissioners is composed of three prisons.\\nelected by the people of. the county for a term of three\\nyears* (Art, X., s One commissioner is elected\\nannually, on the Tuesday after the lirst Monday in\\nNovember. The board, therefore, like the State Senate,\\nis a continuous body. They elect their own chairman.\\nA majority of the members forms a quorum.\\n8. Board of County Commissioners in Cook\\nCounty The Board of Jounty lommissioners in look\\nCounty consists of fifteen persons, ten Erom Chicago,\\nelected by the voters of Chicago, and live from the\\nremaining towns of the comity, elected by the voters of\\nthose towns. The term is two years. All are chosen\\nat each general election, in November. The president\\nof the board is elected by the people, being one of the\\nfifteen designated for that office. f\\nRev. Stat., c. 46, 28. f Rev. Stat., e. 31, 60, 61.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0335.jp2"}, "336": {"fulltext": "126 THE GOVERNMENT OF ILLINOIS\\n9. Powers and Duties of County Boards The\\nCounty Board manages the public buildings and money\\nof the county, lays taxes for county purposes, and per-\\nforms such other duties as the law may direct. The\\npublic buildings of the county are a court-house and\\njail, and sometimes others for instance, an insane\\nasylum, work-house (for criminals), and poor-house.\\nThe County Board also equalizes assessments for\\nthe county, as the State Board does for the State\\n(p. 112).*\\n10. County Executive and Judicial Officers The\\nduties of the County Board are, as has been said,\\nlargely executive. But there are also county officers\\nwhose duties are wholly executive. There are others\\nwhose duties are partly executive and partly judicial.\\nEach county has a clerk, treasurer, sheriff, coroner,\\nState s attorney, superintendent of schools, surveyor,\\nand clerk of the circuit court (Art. X., 8 Art. YL,\\n22 Art. YIIL, 5).\\nIn counties not under town organization, the treas-\\nurer acts as assessor and the sheriff as collector of taxes, f\\nIn counties with a population of 60,000 or more there\\nis also a recorder of deeds.\\nIn Cook County there are also a clerk of the supe-\\nrior court and a clerk of the criminal court. In coun-\\nties which have a probate judge there is also a probate\\nclerk.\\nEach of these officers is elected by the people at one\\nof the general elections for a term of four years, the\\nterm beginning the first Monday in December next\\nRev. Stat., c. 34, 25, 26 c. 120, 97, 98.\\nf Rev. Stat., c. 46, 16-27.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0336.jp2"}, "337": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 COUNTIES AND TOWNS 127\\nfollowing the election. The treasurer and sheriff are\\nineligible for a second successive term.\\nThe treasurer, recorder of deeds, surveyor. State s\\nattorney, and clerks of circuit and superior courts are\\nelected at the same time as the governor. The others\\nare elected two years later.\\n11. No Supreme Executive Officer Their is in\\nthe county no one officer vested with supreme execu-\\ntive power, and so corresponding to the governor of\\nthe State. So far as such power exists in the county\\nit is in the hands of the County Board. But the\\ncounty officers are to a large extent independent of\\nthe board, just as the State heads of departments are\\nof the governor (p. 74).\\n12. The County Clerk keeps the records both of the\\nCounty Board and of the county court.* lie records\\nand issues warrants on the treasurer, issues marriage\\nlicenses, keeps records of assessment of taxes and fur-\\nnishes the same to tax collectors, and keeps such other\\nrecords as may be required by law.\\n13. The County Treasurer receives and keeps\\nthe money of the county, and pays it out as may be\\nauthorized by law. f He has his accounts examined\\nand verified by the County Board every six months.\\n14. The Sheriff is the chief peace officer of the\\ncounty. J It is his duty to prevent or suppress\\npublic disorder or crime, and to arrest offenders.\\nlie also serve s and executes all writs, warrants, and\\nother judicial orders legally entrusted to him.\\nRev. Stat., c. 25, 2; c. 35, 9, 10; c. 120.\\nf Rev. Stat., c. 36; c. 120, \u00c2\u00a7144.\\nRev. Stat., c. 125, 14-19.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0337.jp2"}, "338": {"fulltext": "128 THE G0VERN31ENT OF ILLINOIS\\nHe attends all courts of record held in the county\\nand obeys the lawful orders of such courts.\\nHe is the custodian of the court-house and jail, and\\nperforms such other duties as may be required by law.\\nThe sheriff appoints deputies to aid him in his\\nduties.\\n15. The Coroner ascertains the cause of death of\\npersons who are supposed to have died by violence,\\naccident, or any unlawful means. This investigation\\nis called an inquest, and the coroner is aided by a jury\\nof six men, whom he selects. If the verdict of the jury\\nincriminates any one, it is the duty of the coroner to\\ncause an arrest.\\nThe coroner is also a conservator of the peace. He\\nacts as sheriff in case of vacancy in that office, or in\\nany case in which the sheriff is interested.\\n1G. The State s Attorney is the official lawyer of\\nthe county government. f He manages for the county\\nall suits at law to Avhich the county is a party. It is\\nhis duty to see that persons whom he believes to be\\ncriminals are indicted by the grand jury and arrested,\\nand he conducts the case against the accused at the\\ntrial. He is the legal adviser of the officers of the\\ncounty government.\\n17. The County Superintendent of Schools is\\nentrusted with the general supervision of the public\\nschools of the county. He inspects the schools, ad-\\nvises teachers and schools officers, holds teachers\\ninstitutes, examines and licenses teachers, and per-\\nforms many other duties.\\nRev. Stat., c. 81. f Rev. Stat., c. 14, 5.\\nRev. Stat., c. 122, 19, 20.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0338.jp2"}, "339": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 COUNTIES AND TOWNS 12\\n\\\\H. The County Surveyor makes surveys of land\\nat the request of any individual, and keeps records of\\nthe same\\nli The Clerks of Courts keep record of the pro-\\nceedings of their respective courts, and of all matters\\nrelating t hereto.\\n20. The Recorder of Deeds keeps records of all\\npapers relating to the ownership of lands deeds, mort-\\ngages, and the like. J In counties with a population of\\nless than 60,000, the clerk of the circuit court acts as\\nrecorder of deeds.\\nIt will he seen that tin 1 county clerk, sheriff, and\\ncoroner are partly executive and partly judicial in their\\nfunctions, that the treasurer, recorder of deeds, sur-\\nveyor, and superintendent of schools are wholly execu-\\ntive. The State s attorney and clerks of courts are\\njudicial officers.\\n21. The Torrens Laud Title System\u00e2\u0080\u0094 The land\\nrecords of each county show the title to every piece of\\nland within the county limits. These records are very\\ncomplicated, as it is necessary to enter in the hooks\\nevery transaction relating to any real (state. For\\nthis reason when an owner has occasion to prove that\\nthere is no Haw in his title, if he wishes to sell his\\nland or to borrow money on mortgage, for instance,\\nit often takes much time and costs much money to\\naccomplish his purpose.\\nA recent law called usually the kk Torrens law,\\nfrom the name of Sir Robert Torrens, an Australian\\nwho put the principle in its present form is intended\\nto simplify this process.\\nRev. Stat., c. 133, 4. f Rev. Stat., c. 25, 13.\\nRev. Stat., c. 115. Act of May 1, 1897.\\n9", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0339.jp2"}, "340": {"fulltext": "130 THE GOVERNMENT OF ILLINOIS\\nEach county may adopt the plan or not, as may be\\ndecided by the voters at a general election.\\nIn a county in which the system is in operation the\\nrecorder of deeds is made registrar of land titles. Any\\none who has an interest in real estate may have the\\ntitle registered in the office of the registrar. That\\nofficer examines the title, and if he decides that it is\\na good one he issues a certificate of title. A similar\\ncertificate is given thereafter each time the land is sold\\nor in any way encumbered with debt. This makes\\nthe whole process of land transfer much more simple\\nand safe.\\nA person registering his title pa}^s a fee. The fees\\nthus received are kept by the county treasurer as a\\nfund from which damages are paid to any one who\\nsuffers loss by a wrongful decision with reference to\\nany title.\\n22. Compensation County officers are paid either\\nin salaries or fees, or both. In no case must the salary\\nexceed the amount of the fees collected in the course\\nof duty (Art. X., 9, 10).\\n23. The County Judiciary Each county has a\\ncounty court. The presiding officer is the county\\njudge (Art. YL,\u00c2\u00a7\u00c2\u00a7 18,19).\\nThe county judge is elected by the people of the\\ncounty for a term of four years. The election occurs\\nat the general election midway in the governor s term,\\nand the judge takes office the first Monday in Decem-\\nber following. The salary is fixed by the County\\nBoard.*\\nThe county court is held in the court-house at the\\ncounty seat.\\n*Kev. Stat., c. 37, \u00c2\u00a789, etc.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0340.jp2"}, "341": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 COUNTIES AN I) TOWNS 131\\nThe jurisdiction is of two kinds\u00e2\u0080\u0094 law and probate.\\nThe law jurisdiction is concurrent with thai of the\\ncircuit court in all matters of the same kind as arc\\ntriable in the court of a justice of the peace (p. L34),\\nprovided the amount in dispute shall not exceed $1,000\\nand in all criminal cases in which the offence charged\\nis not an infamous crime (p. 134).\\n24. Probate Courts\u00e2\u0080\u0094 The probate jurisdiction ex-\\ntends to the proving probate of wills: the settle-\\nment of the estates of deceased persons, whether they\\nleave a will or not; the appointment of guardians;\\nproceedings for the collection of tuxes: and some\\nother matters.\\nIn counties having a population of over 50,000 the\\nGeneral Assembly may establish separate probate\\ncourts (Art. VI., 20).* The law in fact puts the\\nlimit at 70,000.\\nThe probate judge is elected at the same time as the\\ncounty judge, for the same term. The salary is fixed\\nby the County Board. His jurisdiction is the probate\\njurisdiction of the county court.\\nTOWN GOVERNMENT\\n25. Towns are subdivisions of a county, organized\\nfor convenience of local government, f Nearly all the\\ncounties of the State now have the town system of\\ngovernment.\\nAs in the State and the county, there are the three\\nbranches of government legislative, executive, and\\njudicial.\\n*Rev. Stat,, c. 37, 216. Rev. Stat,, c. 139.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0341.jp2"}, "342": {"fulltext": "132 THE GOVERNMENT OF ILLINOIS\\n26. The Town Legislature The legislature of the\\nState and that of the county are representative bodies,\\nelected by the voters. In the town, on the other\\nhand, the legislature is the voters themselves, assem-\\nbled in mass meeting.\\nThe annual town meeting is held on the first Tues-\\nday in April.* Towns wholly included within the\\nlimits of a city hold the election on the same day as\\nthe city election (p. 138). The town clerk elected the\\nyear preceding acts as clerk of the meeting. A chair-\\nman is chosen, called the moderator.\\nThe business of the town meeting is the election of\\ntown officers and legislation for the town. Legisla-\\ntion may consist of laying taxes for roads, bridges,\\nand a few other purposes, providing for keeping the\\nroads clear of stray cattle, and a few other things.\\nAt the annual meeting the officers present their reports\\nfor the year past.\\nSpecial meetings of the town may be called when\\nnecessary.\\n27. The Town Executive Officers The town ex-\\necutive officers are the supervisor, clerk, assessor, col-\\nlector, and three highway commissioners. They are\\nelected at the annual town meeting by ballot, the\\nsupervisor for two years, the highway commissioners\\nfor three years, and the others for one year.\\n28. The Supervisor is a member of the County\\nBoard receives and pays out county money (except\\nthat for roads and bridges), is overseer of the town\\npoor, and performs some other duties, f\\nRev. Stat., c. 139, 51, 40, 138, etc.\\nfRev. Stat., c. 139, \u00c2\u00a7101, etc.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0342.jp2"}, "343": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 COUNTIES AND TOWN 133\\nThe supervisors of Cook County are not members of\\nthe County Board.\\nIn populous towns assistant supervisors are elected,\\nwho are members of the County Board, but have no\\nduties as town officers.*\\n29. The Town cicrk keeps the records of town meet-\\nings, certifies to the county clerk the amount of taxes\\nrequired fortown purposes, and has a few other duties.\\n80. The Assessor estimate s the value of the prop-\\nerty f each taxpayer in the town, and renders an\\nexact statement of the same to the county clerk. The\\ntaxes to he raised, whether State, county, or town, are\\nlevied on the taxpayers in proportion to the assessed\\nvalue of their property.\\n51. The Collector collects the tax from each tax-\\npayer, and turns the money thus collected over to the\\ntown officers authorized to receive the same (the super-\\nvisor and the highway commissioners) ami to the\\ncounty collector (p. \\\\2ti) respectively. The part of\\nthe tax which is for the county and the State noes to\\nthe county collector.\\niV2. One Highway Commissioner is elected each\\nyear.f The three commissioners choose one of their\\nnumber as treasurer, lie receives the money paid in\\nby the collector for roads and bridges, and pays it out\\non the order of the commissioners two being a\\nquorum. The roads and bridges in the town are\\nunder the charge of the Highway Commission. The\\nroad tax may be paid in money or in labor if the voters\\nso decide. X\\nRev. Stat., c. 139, 110. f Rev. Stat., c. 121,\\n{Rev. Stat.,c. 121, \u00c2\u00a780.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0343.jp2"}, "344": {"fulltext": "134 THE GOVERNMENT OF ILLINOIS\\n33. The Town Judiciary Officers Election and\\nTenure The town court is that of the justice of the\\npence. The justices are elected by the people for a\\nterm of four years (Art. VI,, 21). There are at least\\ntwo chosen in each town, at the April town meeting\\nnext following the election for governor. An addi-\\ntional justice is elected for each thousand inhabitants\\nin excess of two thousand, until the whole number\\nreaches five which is the greatest number allowed to\\nany town.*\\n34. Chicago Justices The Chicago justices are\\nappointed by the governor, with the approval of the\\nSenate, on nomination by the judges (circuit, superior,\\ncounty, and probate) in Cook County, f\\n35. Jurisdiction The jurisdiction of justices of\\nthe peace extends to civil cases of certain kinds in\\nwhich the value in dispute does not exceed two hun-\\ndred dollars, to misdemeanors in which the penalty is\\na fine not exceeding the same amount, to cases of\\nassault and battery, and other minor matters. X\\n36. Jury Either party to a trial in a justice s\\ncourt may demand a jury, which shall consist of any\\nnumber from six to twelve, as either party may\\ndecide.\\n37. A Misdemeanor is any offence against the laws\\nwhich is not a felony.\\n38. A Felony is an offence punishable with death or\\nimprisonment in the penitentiary. This is what is\\nmeant by an infamous crime.\\n39. Assault and Battery is the unlawful beating of\\nRev. Stat., c. 79, 1. fRev. Stat.. 2. Rev. Stat., 16.\\nv. Stat.. 48. i Llev. Stat., c. 38, 277, 278.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0344.jp2"}, "345": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 COUNTIES AND TOWNS 135\\nanother. Ami nit is an attempt to do violent injury\\nto another coupled with a present ability to do it.*\\n40. Constables are the town police officers. There\\nis one elected for each justice of the peace, at the same\\ntime and for the same term.\\nThe constable is the peace officer of the town, as\\nthe sheriff is of the county. t It is the constable s\\nduty to put down public disorder, to arrest persons\\nsuspected of offenses against the laws. He also exe-\\ncutes Avarrants.\\nA warrant is a judicial order to a peace officer,\\nauthorizing search or arrest.\\n41. Town Boards The town officers form certain\\nboards for specific purposes.\\n42. The Board of Town Auditors consists of the\\nsupervisor, town clerk, and justices of the peace. This\\nboard examines all of the town accounts and certifies\\nto such as it approves.\\n4J5. The Town Board of Health consists of the\\nsupervisor, assessor, and town clerk. They take pre-\\ncautions against the spread of contagious diseases.,^\\n44. The Town Board of Appointment consists\\nof the justices of the peace, the supervisor, and the\\ntown clerk. They have power to make appointments\\nto fill vacancies in town offices.\\nCOUNTIES NOT UNDER TOWN GOVERNMENT\\n45. The Board of Comity Commissioners is the\\ncounty legislature (p. 12-i). The executive and judicial\\nRev. Stat., c. 38, 21. Rev. Stat., c. 38, 840.\\nRev. Stat., c. 139, 118, etc.\\nRev. Stat., c. 139, 127. Rev. Stat., c. 139, 97.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0345.jp2"}, "346": {"fulltext": "136 THE GOVERNMENT OF ILLINOIS\\nofficers are the same as in counties under town gov-\\nernment.\\nCounties not under town government are divided\\ninto election precincts by the County Board.*\\nThe County Board appoints a county assessor, and\\nhe appoints deputies to aid him.f\\nJustices of the peace and constables are elected in\\neach election precinct, in all respects as is provided in\\nthe case of towns. The election is on the Tuesday\\nafter the first Monday in November, in the year fol-\\nlowing the election of the governor.\\nOf the 102 counties in Illinois, all but nineteen are\\nunder town government at the present time (1899).\\nThe nineteen are Alexander, Calhoun, Cass, Edwards,\\nHardin, Henderson, Johnson, Massac, Menard, Mon-\\nroe, Morgan, Perry, Pope, Pulaski, Kandolph, Scott,\\nUnion, Wabash, Williamson.\\nA glance at the map will show that the most of\\nthese are in the southern part of the State. The first\\nAmerican settlers of Illinois came into the southern\\ncounties, largely from Kentucky and Virginia. They\\nbrought with them Southern ideas of local govern-\\nment, one of which was the county commissioner plan\\nof governing counties. The township and town meet-\\ning originated in New England, and these ideas were\\nbrought by Eastern settlers into the northern part of\\nthe State. From this portion the system, first per-\\nmitted by the Constitution of 1848, has spread until\\nnow it includes eighty-three counties.\\nRev. Stat., c. 40, 29, 30. f lie v. Stat., c. 120, 72.\\nRev. stat., c. 7\u00c2\u00bb, 1.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0346.jp2"}, "347": {"fulltext": "CHAPTER X\\nLOCAL GOVERNMENT\u00e2\u0080\u0094 MUNICIPALITIES\\nCITIES AND VILLAGES\\n1. .The plan of local government for counties and\\ntowns is adapted to people Living not very close to-\\ngether in a rather Large area of country. When\\nhomes are more crowded, however, so that quite a\\nnumber of people are Living in a rather small area, a\\ndifferent plan is desirable. The conditions of Life are\\ndifferent. There is more danger of fire, and disease,\\nand thieves; the streets need to be better paved;\\nthere has to be a better system of getting rid of gar-\\nbage; drainage is more difficult; scliools are more\\nlargely attended and usually demand higher grades of\\nwork. For these reasons the laws provides special\\nsystem of local government for cities and villages.\\nThe only difference between a city and a village is\\nin the number of people. A small city is not very\\ndifferent from a large village. But a large city and a\\nsmall village differ in their needs even more than the\\nvillage does from a farming community. For this\\nreason the law recognizes different plans for the gov-\\nernment of a city from that for the government of a\\nvillage.\\nCITY GOVERNMENT\\n2. General Law The government of cities in Illi-\\nnois must be provided by a general law (Art, XL,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0347.jp2"}, "348": {"fulltext": "138 THE GOVERNMENT OF ILLINOIS\\n1).* Thus special charters are forbidden. There are\\nstill in force some provisions of special charters granted\\nbefore the Constitution of 1 87 was adopted. But since\\nL870 no such charters have been possible.\\nThe general law provides for a government, like\\nthat of the State, of counties, and of towns, which shall\\nhave the three branches legislative, executive, and\\njudicial.\\nCity Elections City elections are held on the\\nthird Tuesday in April cities, however, which include\\na town or towns within their limits, hold their elec-\\ntion on the first Tuesday in April. This is the case\\nin Chicago. f\\nTHE CITY LEGISLATURE\\n4. The Common Council is the city legislature.\\nThe members of the Common Council are called alder-\\nmen. The city is divided into wards, as the State is\\ninto counties\u00e2\u0080\u0094 excepting that the wards practically do\\nnot govern themselves. The number of wards is one-\\nhalf the number of aldermen to which the city is\\nentitled. A city may have not less than six or more\\nthan seventy aldermen, depending on the population.^\\nEach ward elects two aldermen for a term of two\\nyears one being elected each year. Thus the Com-\\nmon Council, like the State Senate, is a continuous\\nbody. Cities may, if they please, adopt a plan of\\nminority representation in the Common Council.\\nThe election is held on the third Tuesday in April\\nexcepting in cities which include a town within their\\nRev. Stat., e. 24. t R ev. Stat, c. 24, 48.\\nRev. Stat., 30.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0348.jp2"}, "349": {"fulltext": "LOCAL GOVERNMENT-MUNICIPALITIES 139\\nlimits, in which the election is on the first Tuesday in\\nApril.\\nThe mayor (p. L40) presides over the Council,* and\\nhas the veto power, like that of the governor. Be\\nvoles only in case of a tie, like the lieutenant-gov-\\nernor.\\nThe laws passed by the Common Jouncil are called\\nordinances.^\\n5. Powers mid Duties The powers of the Com-\\nmon Council are very numerous. They may, as a\\nwhole, be grouped under the following heads: Fir\\nnance, including the laying of taxes for city purposes\\nand making appropriations from the city treasury\\nstreets, including their paving and drainage, keeping\\nthem clean, and regulating the whole matter of\\ntransit, especially as relates to street railroads; public\\nhealth and comfort, including the supply of the city\\nwith water and light, provision for sewers and the\\ndisposal of garbage, sanitary regulations and public\\nrecreation; th regulation of commerce, for the pre-\\nvention of frauds and public inconvenience education,\\nby providing for free schools in all proper parts of the\\ncity public safety, by providing for the protection\\nof the persons and property of citizens, especially\\nthrough the police and fire departments.\\nThe various matters included under these heads are\\nadministered by such executive officers as may be\\nentrusted with them by the law of the State or by\\nordinance of the Common Council.\\nRev. Stat. c. 24, 53, 54. f Rev. Stat., 4G.\\n{Rev. Stat., \u00c2\u00a762.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0349.jp2"}, "350": {"fulltext": "140 THE GOVERNMENT OF ILLINOIS\\nTHE CITY EXECUTIVE\\n6. The State law provides for the election of the\\nfollowing city executive officers A mayor, city clerk,\\ncity attorney, and city treasurer. They are chosen at\\nthe city election in April of the odd numbered years.\\nTheir term is two years. f\\nThe law authorizes the Common Council to provide\\nby a two-thirds vote for such other officers f as may\\nbe deemed expedient, and leaves to the discretion of\\nthe Council whether such officers shall be elected by\\nthe people or appointed by the mayor with the ap-\\nproval of the Council.\\n7. The Mayor is the chief executive officer of the\\ncity. He must be a citizen of the United States,\\nand a voter and resident in the city. He is the con-\\nservator of the peace of the city, and as such has the\\npowers of a sheriff. He may remove from office, un-\\nder certain restrictions, any officer appointed by him.\\nLike the governor, he recommends measures of legisla-\\ntion, in his annual message, or special messages, to the\\nCommon Council. He performs such other duties as\\nmay be required by law or ordinance, and he takes\\ncare that the laws and ordinances are faithfully exe-\\ncuted.\\nIf in case of vacancy in the office of mayor, it is\\nfilled by a special election if the vacancy is a full\\nyear or over otherwise the Common Council elects\\none of its members as acting mayor for the unexpired\\nterm.\\nRev. Stat., c. 24, 72, 48, 49.\\nf Rev. Stat., c. 24, 73. Rev. Stat., c. 24, 14, etc.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0350.jp2"}, "351": {"fulltext": "LOCAL GOVERNMENT -MUNICIPALITIES 141\\nIn case of the temporary absence from the city, or\\ndisability, of the mayor, the Common Council elects\\noik of its members as mayor pro tern/pore.\\n8. The City Clerk is clerk- of the Common Council\\nand keeps its official records and papers.\\nU. The City Attorney is in charge of the city\\nlaw business -corresponding to the attorney-general\\nfor the State and to the State s attorney for counties.\\n10. The City Treasurer keeps t lie city funds and\\npays them out as directed by law. He makes monthly\\nstatements and an annual report of the state of the\\ntreasury.\\nBesides the above statutory officers, cities establish\\nsuch others as they may need nnderthe power granted\\nto the onimon ouncil.\\n11. Executive Departments in Chicago\u00e2\u0080\u0094 In ac-\\ncordance with this power, the city of Chicago has\\norganized a number of executive departments, entrust-\\ning to each the administration of a particular branch\\nof the city business. As a rule the head of each de-\\npartment is appointed by the mayor, with the consent\\nof the Common Council the tenure of office is two\\nyears and heads of departments appoint their sub-\\nordinates with the approval of the mayor. The de-\\npartments are those of finance, public works, buildings,\\nlaw, health, police, and lire, besides several offices of\\ninspection. Education is under the charge of a sepa-\\nrate board, in accordance with the State laws.\\n12. The Department of Finance includes the\\ncomptroller, the treasurer, the collector, and their\\nclerks and assistants. The treasurer is elected by the\\npeople (p. 140). The comptroller is head of the\\ndepartment, both comptroller and collector being", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0351.jp2"}, "352": {"fulltext": "142 THE GOVERNMENT OF ILLINOIS\\nappointed by the mayor, with the approval of the\\nCommon Council.*\\n13. The Comptroller The duty of the comp-\\ntroller is to exercise a general supervision -over the\\nfinancial affairs of the city. He is the fiscal agent of\\nthe city, and as such has charge of all valuable papers,\\nlike deeds, mortgages, and contracts, which are the\\nproperty of the city. He audits the accounts of the\\ncity, and in general is responsible for fiscal administra-\\ntion. He appoints his own clerks with the approval\\nof the mayor, f\\n14. The City Treasurer is a statutory officer, and\\nhis duties have been mentioned (p. 141). He appoints\\nand dismisses his clerks and assistants.\\n15. The City Collector takes charge of the collec-\\ntion of special assessments (p. 143) and has such other\\nduties as may be assigned to him by law or ordinance.\\nHe makes daily payments to the treasurer, and files\\na monthly statement with the comptroller. The col-\\nlector is appointed by the mayor, with the approval\\nof the city council.\\n16. The Department of Public Works has charge\\nof the engineering and similar work belonging to\\nthe city.J The head of the department is the com-\\nmissioner of public works. The other officers are the\\ncity engineer, the superintendent of streets, the super-\\nintendent of Avater, the superintendent of sewerage,\\nthe superintendent of special assessments, and the su-\\nperintendent of maps. The names of these officers\\nperhaps sufficiently define their duties.\\nLaws and Ordinances of Chicago, 1001 (see Appendix, p. 260.)\\nf L. \u00c2\u00abt 0., 1010, etc. {L. 0., \u00c2\u00a71030.\\nI, 0., 1037. I L. 0., 1041, 1047.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0352.jp2"}, "353": {"fulltext": "LOCAL GO VERN3IENT\u00e2\u0080\u0094MUXT( II A LTTTES 1 43\\nSpecial assessments are assessments for taxes\\nlevied on particular pieces of real estate to pay for\\npublic improvements, such asstreet paving, from which\\nthe property taxed derives special benefit.\\n17. Department of Buildings The commissioner\\nof buildings* has charge of the inspection of all build-\\nings erected within the city limits, to insure safe con-\\nstruction, lie also inspects elevators. lie has several\\ninspectors and assistants to aid him in this work.\\nThe city ordinances make certain regulations with\\nregard to the construction buildings such as\\nrequiring suitable strength, forbidding wooden struc-\\ntures within certain limits, requiring fire escapes n\\nhotels and similar buildings, requiring elevators t\\nhave proper construction and appliances lor .safety.\\nThe commissioner looks after these requirements, Xo\\none can put up a building or operate an elevator in a\\npublic building in the city without a permit from the\\ndepartment.\\n18. The Department of Law The department\\nof law f includes the corporation counsel, who is the\\nhead of the department, the city attorney, and the\\nprosecuting attorney. The city attorney is elected by\\nthe people (p. 140), The prosecuting attorney is\\nappointed by the mayor, on recommendation of the\\ncorporation counsel and the city attorney, with the\\napproval of the city council. The corporation counsel\\nhas general charge of all law business in which the\\ncity is interested. The city attorney drafts ordinances\\nat the request of the city council, or of any of its com-\\nmittees, and draws up legal papers, like deeds and\\n*L. 0., \u00c2\u00a71107. |L. 0., \u00c2\u00a71149.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0353.jp2"}, "354": {"fulltext": "144 TEE GOVERNMENT OF ILLINOIS\\ncontracts, when so desired by the head of any city\\ndepartment. The prosecuting attorney conducts all\\nsuits against violators of city ordinances.\\n19. The Department of Health\u00e2\u0080\u0094 The head of this\\ndepartment is the commissioner of health.* The\\nsuperintendent of police and the city physicians are\\nex-qffido members of the department. The city physi-\\ncian is appointed by the mayor with the approval of\\nthe city council. The duty of the department is to\\nexercise general supervision over the sanitary condi-\\ntion of the citj.\\n20. The Department of Police The department\\nis under the control of the superintendent of police as\\nits head.f Like other heads of departments he is\\nappointed by the mayor with the approval of the city\\ncouncil. He appoints the members of the force, with\\nthe approval of the mayor.\\nIt is the duty of the department to enforce the laws\\nand ordinances and the orders of the mayor, to pro-\\ntect the rights of persons and property, to make\\narrest of law breakers. The police in a city have the\\nsame duties as the constable in a village or the sheriff\\nin a county.\\n21. The Fire Department The fire marshal is at\\nthe head of this department.^; He is appointed by the\\nmayor, with the approval of the city council. lie\\nappoints all officers and members of the department,\\nwith the approval of the mayor. He may remove any\\nofficer above the rank of captain, with the consent of\\nthe mayor. Any other officer or member of the\\ndepartment the marshal may remove at his own\\nL. O., 1176. \\\\h. 0., 1228. L. 0., 1268.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0354.jp2"}, "355": {"fulltext": "LOCAL GO VERNMENT\u00e2\u0080\u0094M I M IPAL1 TIES 5\\npleasure. The fire marshal lias absolute control of\\nthis department, and for tins reason he is held strictly\\naccountable for its discipline and efficiency. Tin-\\nChicago fire department, i1 may be added, is admirably\\nmanaged and is highly efficient.\\n22. Offices of Inspection Besides the executive\\ndepartments, there are several executive office*\\ninspection. It is their purpose to protect the people\\nof the city against certain dangers against which it\\nwould not be easy otherwise to guard. Aj3 a rule the\\nname of the office defines its functions.\\nThere is an inspector of steam boilers* an inspector\\noffish^ an inspector of rn/Uk 9 an inspector of gas\\nmeters^ an inspt ctor of oils 9 and an inspector of\\nw ights i in/ a n asures.\\n2. 5. The Park System Parks are intended to he\\npublic pleasure grounds. Cities usually have some\\nthing of the kind, and Large cities have them on i Li\\nextensive scale.\\nThe Illinois law provides for the care of parks by\\ncommissions which are distinct from the city cor-\\nporation. Such commissions, though local in their\\npurposes, are appointed by the governor oi the State\\nor elected by the 1 people of the park district. The\\nChicago parks consist of three systems the north\\nparks, the west parks, and the south parks.\\n24. Drainage Districts\u00e2\u0080\u0094 One of the greatest engi-\\nneering works of the State is the Chicago drainage\\ncanal. This is intended to connect the south branch\\nof the Chicago River with the Illinois, thus reversing\\nL. 0.\\n1309.\\nfL. 0.. 1326.\\n{L. 0., 1347.\\n\u00c2\u00a7L. 0. 5\\n1372.\\n1 L. 0. 13S4.\\nRev. Stat., e. 105.\\n10", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0355.jp2"}, "356": {"fulltext": "U6 TSE GOVERNMENT OF ILLINOIS\\nthe current of the former river and turning the water\\nof Lake Michigan towards the Mississippi. The pur-\\npose is to divert the sewage of the city of Chicago from\\nthe lake, whose waters form the supply of the city.\\nThe current of the canal will carry off the drainage of\\nChicago, and it is not impossible that some day there\\nmay be a ship canal as well.\\nThe management of this great enterprise is in the\\nhands of a board of nine commissioners, elected by the\\npeople of the Chicago sanitary district. The term of\\noffice is five years, and the election is on the plan of\\nminority representation.*\\nVILLAGE GOVEKNMENT\\n25. A village differs from a city usually in having\\na smaller number of inhabitants and a smaller area.\\nYet a large village ma} r under the laws of this State,\\nbe more populous than some small cities. In such\\ncases it is at the option of the people whether they\\nshall have village or city government.\\n2G. Organization Any incorporated town or any\\ncity may become a village if the people so decide at\\nan election held for that purpose, f A new village may\\nbe created from any contiguous territory, not exceeding\\ntwo square miles in area, which has a population of at\\nleast 300, and which is not included within any other\\nvillage, incorporated town, or city, if the people con-\\ncerned so vote at an election held for that purpose.;):\\n27. Form of Government The government of a\\nvillage differs from that of a city merely in being more\\nRev. Stat., c. 24, 345. f Rev. Stat., c. 24, 178.\\n\\\\Ibid., 182.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0356.jp2"}, "357": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 MUNICIPALITIES 147\\nsimple. Of course for thai reason it is less expensive.\\nThere are no wards in a village.\\n28. President In place of a mayor, the chief ex-\\necutive officer is a president.* Ee is elected by the\\npeople at the spring village election, for a term of\\none year. He has substantially the same powers as the\\nmayor of a city.\\n29. Board of Trustees In place of a city council,\\nthe village legislature is a Board of Trustee%.\\\\ There\\nare six trustees, three of whom are chosen each spring\\nfor a term of two years. Thus the hoard is a contin-\\nuous body. The village president is chairman of the\\nBoard of Trustees. The clerk of the board is chosen\\nannually by the people, at the spring election. The\\nBoard of Trustees has substantially the same powers as\\na city council.\\n30. Administrative offices The president and\\nBoard of Trustees may appoint a treasurer, a constable,\\nand one or more street commissioners, and such other\\nofficers as may be necessary. The constable has the\\nsame powers as town constables (p. L35), and all these\\nofficers have their powers, duties, and compensation\\nfixed by the president and the Board of Trustees.\\nThe annual village election is held on the third\\nTuesday in April, unless the territorial limits of the\\nvillage coincide with those of a town, in which case\\nthe village election is held at the same time as the\\ntown election on the first Tuesday in April.\\n31. Village Court At the village election a police\\nmagistrate may be chosen, who holds office for a term\\nRev. Stat., c. 24. 103b. f \u00c2\u00a3s 1\\nIbid., 188, 189. Ibid., 190.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0357.jp2"}, "358": {"fulltext": "148 THE GOVERNMENT OF ILLINOIS\\nof lour years, and has the same jurisdiction as other\\njustices of the peace.\\nCIVIL SERVICE REFORM\\n32. Both in cities and counties there are many public\\nofficials who are not elected by the people, but are ap-\\npointed by heads of departments. There are police-\\nmen, firemen, clerks, book-keepers, deputy sheriffs, and\\nmany more.\\n33. The Spoils System It has come to be the\\ncustom when an election has changed those entrusted\\nwith appointments for them in turn to dismiss the\\nformer officials and appoint new ones. These appoint-\\nments are very often made as rewards for some kind of\\npolitical service.\\n34. Disadvantages This system has serious dis-\\nadvantages. Officials whose experience has made them\\nvaluable are liable at anytime to be dismissed in favor\\nof untried men. The reason for appointment being\\nprimarily political work, it may easily happen that in-\\ncompetent persons are selected for the public service.\\nContinuance in office depending rather on political\\nactivity than on the faithful performance of official\\nduty, it is often the case that such duties are neglected\\nin favor of the interests of particular politicians or\\npolitical parties.\\nIn order to remedy these evils, laws have been made\\nwhich permit cities to adopt a different system.\\n35. City Civil Service Commission If the voters\\nof any city vote in favor of civil service reform, it\\nRev. Stat., c. 24, 192.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0358.jp2"}, "359": {"fulltext": "LOCAL GOVERNMENT\u00e2\u0080\u0094 MUNICIPALITIES\\nbecomes the duty of the mayor to appoint three civil\\nservice; commissioners, Their term Is three years, one\\nbeing appointed annually.*\\nil Appointments Under rules adopted by the\\ncommission, applicants for office in the city depart-\\nments are examined as to their qualifications and\\ngraded according to the result. When the head of a\\ndepartment needs a new appointee application is made\\nto the commission. The name of the candidate stand-\\ning highest on the list, is furnished, and such person is\\nappointed on probation. If the work is satisfactory\\nthe temporary appointment is made permanent.\\nJ$7. Promotions The commission is ;ilso authorized\\nto make rules regulating promotions- which also un-\\nder this system are to depend strictly upon proved\\nmerit instead of political influence.\\n:*8. The Classified Service The classified ser-\\nvice, as it is called, does not include all the city em-\\nployees, but does include a Large number of them.\\nThis system has been adopted by the city of Chi-\\ncago.\\nA similar system lias also been provided for Cook\\nCounty.f\\n*Rev. Stat., e. 21. \u00c2\u00a7\u00c2\u00a7446-484.\\nfRev. Stat., c. 34, 62.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0359.jp2"}, "360": {"fulltext": "CHAPTER XI\\nPUBLIC REVENUE\\nTHE NEED OF REVENUE\\n1. Government cannot be carried on without public\\nfunds to pay for its cost. Officers who give their\\nwhole time, or the main part of their time, to public\\nduties have to be paid for their services. It is only\\ncertain boards {e.g., those of the State University, the\\nState Normal Schools, the insane asylums, and boards\\nof education), the members of which are able to carry\\non their private business without material interruption,\\nthat receive no salaries. School buildings, sewers,\\nstreet paving, and other public works are, of course,\\nnecessarily expensive.\\nTAXES\\n2. A Tax As all the people of the State are bene-\\nfited by the maintenance of law and order, by free\\nschools, and other services rendered by the government,\\nit is only proper that all the people should contribute\\ntowards the public funds. Such contribution is required\\nby law, and is called a tax.\\n:i. Poll Taxes In some States a small tax is im-\\nposed on everybody, or at least on every adult male\\nperson. This is called a, poll tax. There is no poll tax\\nin Illinois.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0360.jp2"}, "361": {"fulltext": "PUBLIC REVENUE 151\\n4. Property Taxes The objection to a poll tax is\\nthat everybody who pays it, whether rich or poor, pays\\nthe same amount, it seems only reasonable thai those\\nwho have large property interests to guard should pay\\ntaxes in proportion. A tax levied on property is called\\nproperty tax, and is the only kind in Illinois. The\\nConstitution requires that Every person and corpora-\\ntion shall pay a tax in proportion to the value of his.\\nher, or its properly (Art. IX., 1 i.\\n5. Real and Personal Property- -Property is of\\ntwo kinds real and personal. Real property (or real\\nestate) consists of immovables land and buildings.\\nPersonal property consists of movables like money,\\nhorses, and household furniture.\\nASSESSMENT AND COLLECTION OF TAXI S\\n6. Assessment If people are to pay taxes in pro-\\nportion to the value of their property, it is necessary\\nthat there should be some uniform process of deter-\\nmining what property each person has, and what is its\\nvalue. This process is called assessmt nt. .1 ssi ssors are\\nofficers, appointed or elected, as may be required by\\nlaw, whose duty is to assess the value of all property\\nwithin their respective districts, and to report the same\\nfor record. The proper legislative authority the State\\nLegislature, the local legislative board, or the people\\nin town meeting then decides the amount of tax to\\nbe raised in a given year. Knowing the total amount\\nof property to he assessed, and the total tax to be\\nlevied, it is a mere matter of arithmetic to find the\\nrate per cent. Then the tax due from each property\\nowner is readily computed.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0361.jp2"}, "362": {"fulltext": "L52 THE GOVERNMENT OF ILLINOIS\\n7. Special Taxes Besides this form of property\\ntax, there are also taxes on certain kinds of business\\nand on inheritances (Art. IX., 1).*\\n8. Special Assessments Some kinds of improve-\\nments as paving a city street, for example are of\\nmore immediate benefit to particular taxpayers than\\nto the community at large. Accordingly the law\\nallows in such cases that the expense be met by a spe-\\ncial assessment on those directly benefited (Art. IX.,\\n9. Sources of Taxation The total tax levied in\\nany one year consists of several parts the State tax,\\nthe county tax, the city or village tax, the town tax\\n(if any), besides school district taxes, park taxes, spe-\\ncial assessments, and any other which may be author-\\nized by law. Any individual taxpayer, however, pays\\nbut one sum, which is suitably distributed among\\nthese objects by the public officials.\\n10. Collection When each person s tax has been\\nduly determined, it is then collected by the tax col-\\nlectors and paid over to the various public treasurers.\\n11. Assessors In counties not under township or-\\nganization, and in counties under township organiza-\\ntion with a population of 125,000 or less, the county\\ntreasurer is the assessor. He has such deputy assessors\\nas he may need.\\nIn counties with a population of 125,000 or more a\\nBoard of Assessors is elected by the people. There\\nare five members, chosen for a term of six years, so\\narranged as to be a continuous body.\\n*Rev. Stat., c. 120, 307, etc.\\nf Rev. Stat., c. 24, Art. IX.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0362.jp2"}, "363": {"fulltext": "PUBLIC REVENUE \\\\y.\\\\\\n12. Board of Review\u00e2\u0080\u0094 In each county there Lfl also\\nBoard of Review, which has power to revise the\\naction of the assessors.\\nIn counties under tow n ship organization with a pop-\\nulation under L25,000 the Board of Review consists of\\nthe county clerk, the chairman of the County Board,\\nand a citizen appointed by the county judge.\\nIn counties not under township organization the\\nBoard of County Commissioners forms the Board of\\nReview.\\nIn counties with a population of L25, or more\\nthe people elect a Board of Review, consisting of three\\npersons. The term of office is six years, and one of\\nthe three is elected each two yn^\\nThe Statt Board of Equalisation has already been\\ndescribed (p. 112).\\nLIMITATIONS ON THE TAXING POWER\\n13. The taxing power of the various Legislative\\nbodies throughout the State is limited by law.\\n14. Property Exempt\u00e2\u0080\u0094 The Constitution (Art. IX..\\n3) provides that certain classes of property shall not\\nbe taxed at all.t Such property is all that belonging\\nto the State, to counties or to any municipal corpora-\\ntions, and any that is used exclusively for public\\nbenefit rather than for private gain.\\n15. County Limitations The Constitution (Art.\\nIX., 8) forbids county authorities to levy a tax at\\na rate exceeding seventy-five cents on $100 of assessed\\nvaluation, unless specially authorized by vote of the\\npeople of the county.\\nLaw of Feb. 25, 1898. f See also Rev. Stat., c. 120. \u00c2\u00a72.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0363.jp2"}, "364": {"fulltext": "154 THE GOVERNMENT OF ILLINOIS\\n16. Municipal Limitations The Constitution (Art.\\nIX., \u00c2\u00a79) requires that municipal corporations in levy-\\ning taxes (excepting in case of special assessments)\\nshall make such taxes uniform in their application to\\npersons and property.\\nThe statutes forbid cities or villages to levy a tax\\nat a rate exceeding two per cent, on the assessed valua-\\ntion of taxable property.\\nPUBLIC DEBTS\\n17. Borrowing- Money It sometimes happens\\nthat the State or municipal corporations are obliged\\nto make improvements which are so expensive that\\nshould they be paid immediately from the proceeds of\\ntaxation an excessive burden would be laid on the tax-\\npayers. Under these circumstances the money needed\\nmay be borrowed.\\n18. Limitations on Borrowing- Power But to\\nprotect the people against extravagance or corruption\\non the part of their representatives, the Constitution\\nand statutes fix a limit to the borroAving power.\\nThe General Assembly may not incur indebtedness\\n(except in case of insurrection or war) to exceed $250,-\\nooo, unless specially authorized by a vote of the peo-\\nple of the State (Art. IV., 18).\\nNo county, city, township, school district, or other\\nmunicipal corporation may incur indebtedness to ex-\\nceed five per cent, on the assessed valuation of taxa-\\nble property (Art. IX., 12).\\n*Rev. Stat,,c. 24, \u00c2\u00a7111.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0364.jp2"}, "365": {"fulltext": "CHAPTER XII\\nPUBLIC EDUCATION\\nFREE SCHOOLS\\n1. The Constitution requires the Genera] As-\\nsembly to provide ;i thorough and efficient system\\nof schools, whereby all children of this State may\\nreceive free a good common school education (Art\\nVIII, 1).\\nThis was merely carrying out the intention of Con-\\ngress at the very beginning of the plan of government\\nfor the old Northwest Territory. The Ordinance of\\n1787 laid the foundation for free schools (p. 91), the\\nenabling act of Congress granted land lor the encour-\\nagement of education, and the Constitution and laws t\\nthe State establish the system.\\n2. A Generous and Complete Educational\\nScheme The State of Illinois, it is seen, provides\\nfree education through the common schools, which\\nare scattered throughout the State; through high\\nschools, which are everywhere within reach and\\nthrough the State university.* Thus almost any one\\nwho desires education, whether he lives in city or\\ncountry, can get it free of cost, and to almost any\\nextent.\\nThe reason for this generous provision is that in a\\nThe university tuition is very low.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0365.jp2"}, "366": {"fulltext": "156 THE GOVERNMENT OF ILLINOIS\\nrepublic every citizen should be intelligent in order to\\nbe a good citizen, and that every one ought to be\\nable to make the most of himself.\\n3. Compulsory Education The law requires\\nthat all children between the ages of seven and four-\\nteen shall attend a day school (public or private) at\\nleast sixteen weeks each year. At least twelve of\\nthese Aveeks attendance shall be consecutive.* Proper\\nexceptions are made for inability to attend by reason\\nof physical or mental defects.\\n4. The Laws In some cities schools were estab-\\nlished under special laws before the Constitution of\\n1870 was adopted, and these laws are still in force.\\nAside from these places, the public schools are under\\na general law,f which marks out a plan for schools,\\ncreates authorities for their control, and provides the\\nmeans of financial support.\\nInference has already been made to the State super-\\nintendent of public instruction and to the county\\nsuperintendents (pp. 186, 128).\\n5. School Townships For common school pur-\\nposes the congressional townships (pp. 30, 31) are made\\nschool townships4 Fractional townships are attached\\nto full ones near at hand. It will be remembered that\\nthese townships do not necessarily coincide with the\\ntowns in the counties under town (wrongly called\\nu township government. Even if a town does coin-\\ncide in area with a school township, the school officers\\nare in no sense town officers.\\nTownship Board of Trustees The school af-\\nRev. Stat., c. 122, 313. f Rev. Stat., c. 122.\\nRev. Stat., c. 122, 30.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0366.jp2"}, "367": {"fulltext": "PUBLIC EDUCATION 107\\nfairs of each township are under the control of a Hoard\\nof Trustees. The board consists of three members, one\\nof whom is elected by the people of the township each\\nyear, for a term of three years. Thus the board is a\\ncontinuous body. The election is held on the second\\nSaturday in April. In school townships whose bound-\\naries coincide with those of a town the school trus-\\ntees are elected on the same day as the town officers\\n(the first Tuesday in April). Any resident of the dis-\\ntrict who is twenty-one years old is eligible lor elec-\\ntion. But no two trustees shall reside, when elected, in\\nthe same district, and no one can be trustee and di-\\nrector at the same time.\\n7. Powers and Duties of the Hoard Hie town\\nship Board of Trustees chooses one of its own members\\nas president, and some other person, not a member, as\\ntreasurer. It may divide the township into school\\ndistricts for the convenience of those who attend. i\\nThe board has charge of the school funds of the town-\\nship, and apportions them semi-annually among the\\ndistricts according to the number of children under\\ntwenty-one years of age in each; holds in its name all\\nschool property,\u00c2\u00a7 has the charge of the same, and may\\nsell it under certain conditions;! has charge of the\\ntownship school lands may establish a township high\\nschool if the people of the township vote in favor of\\nsuch proposition T (at a special election held for that\\npurpose), and makes regular reports to the county\\nsuperintendent.\\nRev. Stat., c. 122, 32-36. f Rev. Stat. c. 122, 51.\\nX Rev. Stat., e. 122, 55. Rev. Stat., e, 122, 59-66.\\nI Rev. Stat., c. 122, 244. IT Rev. Stat,, c. 122, \u00c2\u00a367.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0367.jp2"}, "368": {"fulltext": "158 THE GOVERNMENT OF ILLINOIS\\n8. District Boards of Directors Each school dis-\\ntrict, provided it has a population of less than one\\nthousand, and is not governed by a special act (p. 138),\\nhas a Board of Directors,* which is charged with the\\nmanagement of the district school. Each year, on the\\nthird Saturday in April, the people of the district elect\\none director for a term of three years. Thus the board\\nconsists of three directors, and is a continuous body.\\nAny resident of the district who is twenty-one years\\nold, can read and write the English language, and\\nis not a township school trustee, is eligible for elec-\\ntion.\\n9. Powers and Duties of Board of Directors\u00e2\u0080\u0094\\nThe Board of Directors effects its own organization,\\nappointing one of its own members as president and\\nanother as clerk.\\nThe board must establish and keep in operation for\\nat least 110 days of actual teaching a free school or\\nschools sufficient for the accommodation of all children\\nin the district between the ages of six and twenty-one.\\nTo this end, it is the duty of the board to appoint\\nteachers, to fix their salaries, and issue to them Avar-\\nrants on the township treasurer each month to pre-\\nscribe what branches of study shall be taught, and\\nwhat text-books and apparatus shall be used to pro-\\nvide sufficient funds for the needs of the schools, in\\naddition to the funds apportioned by the township\\nBoard of Trustees, by levying a district tax, and to\\nmake regular reports. Financial reports are made to\\nthe public at the annual election and filed with the\\ntreasurer educational reports are made to the county\\nRev. Stat., c. 122, 121-125.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0368.jp2"}, "369": {"fulltext": "PUBLIC EDUCATION 159\\nsuperintendent. The board may buy land fora school-\\nhouse site and erect a suitable building thereon if the\\npeople of the district so vote at an election held for\\nthat purpose. The board has charge of all school-\\nhouses in the district, must keep them in good order,\\nand may allow them to be used for other than school\\npurposes. It is the duty of the board to enforce good\\nconduct among both teachers and pupils, and accord-\\ningly power is granted to dismiss teachers and to expel\\npupils.-\\nlO. Boards of Education Cities and villages, ex-\\ncepting such as are under special laws (pp. L37-8), are\\nsubject to the general provisions of the school law as\\nabove detailed. However, there are some additional\\nprovisions for their benefit.\\nIn districts with a population over 1,000 and less than\\nl(M),iioo a Board of Education f takes the place of the\\ndistrict Board of Directors. The Board of Education\\nconsists of a president, six members, and an additional\\nmember for each ten thousand inhabitants in excess of\\n1,000. However, the total number in the board must\\nnot exceed fifteen. )ne-third of the members are elected\\neach year, on the third Saturday of April, for a term\\nof three years. Thus the Board of Education, like the\\ntownship Board of Trustees and the district Board of\\nDirectors, is a continuous body.\\nThe powers and duties of the Board of Education are\\nthe same as those of a district Board of Directors, with\\nsome additions.\\nThe board is to establish and support free schools for\\nnot less than six or more than ten months. In making\\nRev. Stat., c. 122, 135-156. f Rev. Stat., c. 122. 157.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0369.jp2"}, "370": {"fulltext": "160 THE GOVERNMENT OF ILLINOIS\\nthe tax levy, it is not lawful to provide for maintain-\\ning schools for more than ten months unless on the\\npetition of a majority of the voters of the district.\\nThe board may employ a superintendent of schools,\\nmay examine teachers, and must publish an annual re-\\nport showing the state of the schools and their cost.\\n1 1. The City Schools of Chicago\u00e2\u0080\u0094 The State school\\nlaw provides that in cities with a population of 100,000\\nor more (Chicago is the only such city) the schools shall\\nbe under the control of a Board of Education* appointed\\nby the mayor, with the approval of the city council.\\nThere are twenty-one members, seven being appointed\\nannually for a term of three years. Thus the board is\\na continuous body. The term of office begins on July\\n1st. The board elects its own president and secretary.\\n12. Powers and Duties of the Board The Board\\nof Education is entrusted with the management of\\nschool property and with the organization and control\\nof the public schools. The city treasurer is the treas-\\nurer of the board.\\nTo erect school buildings, to buy land as their sites,\\nto borrow money for school purposes on the credit of\\nthe city, the board requires the consent of the city\\ncouncil.f\\nThe remaining powers of the board are independent\\nof control by other parts of the city government. The\\nboard may furnish and care for the buildings, hire\\nbuildings or rooms if those owned by the city are in-\\nadequate, employ teachers and fix their salaries, decide\\non text-books and courses of study, fix the boundaries\\nof school districts, maintain discipline among both\\n\u00e2\u0080\u00a2Rev. Stat., c. 122, \u00c2\u00a7178. f Rev. Stat., c. 122, 177.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0370.jp2"}, "371": {"fulltext": "PUBLIC EDUCATION 161\\nteachers and scholars, and manage the school property\\nand fluids from which income is received.*\\nIt is the duly of the board to use their powers for\\nthe maintenance of schools, and so as to secure the\\nhighest efficiency of instruction. f\\n13. Professional and Higher Education\u00e2\u0080\u0094 The\\nState normal schools and the State university have\\nalready been mentioned. They are an essential part\\nof the system of public instruction.\\nSCHOOL FUNDS\\n14. The money expended annually on the public\\nschools conies from two sources the State and the\\nlocality.\\n15. State Tax The State levies an annual tax\\nfor the benefit of common schools.^ The proceeds\\nof this tax are divided among the counties in propor-\\ntion to the number of children under twenty-one years\\nof age. This tax is the largest part of the school fund,\\namounting of late to the sum of a million dollars a\\nyear.\u00c2\u00a7\\n16. State School Fund Proper A part of the pro-\\nceeds of the sale of lands belonging to the United States\\nwhich were within the State of Illinois, and which\\nwere sold after January 1, 1819, was given by the\\nUnited States to the State. Three per cent, of the\\nnet proceeds of such sales were to be used by the\\nState for the encouragement of learning. Of this\\nRev. Stat,, c. 122, 178. f Rev. Stat., c. 122, 179.\\nX Rev. Stat., c. 122, 232. Laws of 1897, p. 287.\\n1 Act of Congress, April IS, 1818, Section 6.\\n11", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0371.jp2"}, "372": {"fulltext": "162 THE GOVERNMENT OF ILLINOIS\\nfund one-sixth was to be reserved for a college or uni-\\nversity. The part reserved for common schools is\\nheld by the State, and interest at the rate of six per\\ncent, is paid into the school fund, and is divided\\namong the counties in the same way as the State tax.\\n17. United States Deposit Fund In 1835 the\\nUnited States was out of debt, and there was a sur-\\nplus in the treasury which came from the sale of lands.\\nThis surplus was divided among the States not as a\\ngift outright, but by way of a deposit. As a matter\\nof fact, however, the deposit has never been called in,\\nand probably never will be. The share of Illinois Avas\\n81:77,919.24. A part of this sum was set aside for\\neducation, and on this amount thus set aside the\\nState pays into the school fund annual interest at the\\nrate of six per cent. This also is divided among the\\ncounties.\\n18. Method of Distribution Thus it is seen that\\nthe entire sum derived from the tax and from the\\nabove mentioned interest moneys is divided among the\\ncounties of the State in proportion to the number of\\nchildren under twenty-one years of age. The money\\nis not actually gathered into the treasury and then sent\\nout to the various counties. To save the necessity of\\nthis awkward process, the State auditor sends to each\\ncounty superintendent a warrant on the county col-\\nlector for the amount due to that county. The col-\\nlector cashes the warrants, and turns them in to the\\nState treasurer in lieu of so much money*\\n10. Fines It is also provided that all fines, penal-\\nties, and forfeitures imposed by the courts of law,\\nRev. Stat., c. 122, 234-5.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0372.jp2"}, "373": {"fulltext": "PUBLIC EDUCATION 163\\nexcepting such as are imposed in incorporated towns\\nor cities for violation of the local ordinances, shall also\\nbe paid over to the county superintendent, as an ad-\\ndition to the common school fund.*\\n20. Apportionment The county superintendent\\napportions the school money received from all sources\\namong the respective townships, and pays over the\\nproper shares to the township treasurers.\\n21. Local Taxes Local taxes for school purposes,\\nas specified by law, may be levied by district Boards\\nof Directors, or by the proper authorities of cities or\\nvillages.;): The total amount thus levied must n t\\nexceed two per cent, of the assessed valuation for\\neducational purposes, and three per cent, for building\\npurposes. The proceeds of these taxes are paid by the\\ncollectors to the township treasurers. In cities these\\nfunds are paid over to the city treasurer, who acts as\\ntreasurer of the Board of Education.^\\n22. Township Lands Each township was entitled\\nby act of Congress to one section (16) of land, which\\nwas reserved for school purposes (p. 33). This land\\nhas partly been sold, the remainder being rented.\\nThe interest on the amount received for sales, and\\nthe rentals for the rest, are paid into the treasury,\\nand there held subject to the order of the school\\nboard.\\n23. Incidentals There, are various incidental\\nsources of income gifts by individuals for specific\\npurposes, tuition paid by non-resident pupils, and\\nsome others.\\nRev. Stat., c. 122, 269. Rev. Stat., c. 122, 26.\\nX Rev. Stat., c. 122, 202. Rev. Stat,, c. 122, 182.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0373.jp2"}, "374": {"fulltext": "1H4 THE GOVERNMENT OF ILLINOIS\\n24. Chicago School Receipts, 1897-8 The re-\\nceipts of the Chicago School Board from these various\\nsources for the school year ending- June 30, 1898, were\\nas follows: From the State, $266,846.-21; from city\\ntax, $6,640,692.49; from interest and rentals, $482,-\\n383.18; from incidental sources, $8,290.08. This was\\na total of $7,398,211.96.*\\n25. Borrowing Money For building purposes,\\nthe boards of school directors may, when authorized\\nby a special vote of the people, borrow money and\\nissue bonds therefor. The sum borrowed in any\\none year must not exceed live per cent, (including ex-\\nisting indebtedness) of the assessed valuation of prop-\\nerty in the district. In cities with a population over\\n1 no, ooo, such bonds can be issued only with the con-\\nsent of the city council.\\nTEACHERS\\n2G. Qualifications The State law requires cer-\\ntain definite qualifications for teachers. The State\\nsuperintendent and county superintendents are au-\\nthorized to grant certificates to those who are shown\\nto possess such qualifications. The State certificate is\\nof two grades the first being valid for life, and the sec-\\nond for five years. County certificates are also of two\\ngrades for two years and one year, respectively.\\nEach is granted on the basis of a public examination.\\nThe qualifications for these certificates are, good\\nmoral character, a minimum age (eighteen for males,\\n\u00e2\u0080\u00a2Chicago School Report, p. 156. Rev. Stat., c. 122, 215.\\nX Rev. Stat., c. 122, 177. Rev. Stat., c. 122, 185-8.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0374.jp2"}, "375": {"fulltext": "PUBLIC EDUCATION If,;,\\nseventeen for females), and certain educational acquire-\\nments. For State certificates the State superintendent,\\ntogether with the principals of the state universi-\\nties, fixes the educational standards and controls the\\nexaminations. The county superintendent conducts\\nthe examinations for county certificates. The educa-\\ntional requirement for a certificate of the second grade\\nis that the person to whom it is issued is qualified to\\nteach orthography, reading in English, penmanship.\\narithmetic, English grammar, modern geography, and\\nthe history of the United States. For a first-grade\\ncounty certificate the examination covers tin 1 fore-\\ngoing branches of knowledge, ami in addition the ele-\\nments of the natural sciences, physiology, and the laws\\nof health.\\nBoards of education in cities are permitted to ex-\\namine candidates for teachers positions and to issue\\ncertificates accordingly the board prescribing the\\nqualifications.\\nRev. Stat., c, 122, 100, 179.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0375.jp2"}, "376": {"fulltext": "CHAPTER XIII\\nCONSTITUTIONAL RESTRICTIONS ON THE\\nPOWERS OF GOVERNMENT\\n1. Limitations of Government One important\\npurpose of a constitution is to construct a frame of\\ngovernment, and to give to each part its own powers\\nand duties. But it is quite as necessary to specify also\\nthe limitations within which the government must re-\\nstrain its action. History plainly teaches that men\\nput in positions of political responsibility are very apt\\nto be guided by selfish and grasping motives. Then,\\ntoo, unless those who are entrusted with different\\nbranches of government know the limits of their own\\npowers, even with the best intentions they are likely to\\nencroach on the powers which belong to others.\\nFor these reasons, in drawing American constitu-\\ntions great pains are taken to enumerate things which\\nmust not be done. These are the restrictions, or prohi-\\nbitions, on the powers of government.\\nRESTRICTIONS IN THE FEDERAL CONSTITUTION\\nON THE POWERS OF STATES\\n2. Federal Republic The United States is a fed-\\neral republic. Therefore every particle of its soil\\nwhich falls within any of the States is governed by", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0376.jp2"}, "377": {"fulltext": "CONSTITUTIONA L RESTRICTIONS \\\\ffl\\ntwo constitutions and by two sets of laws Federal\\nand State.\\nIn dividing powers between the Federal govern-\\nment and the States, it lias been so arranged that there\\nare some things which may be done by the former but\\nnot by the latter, some which may be done by the lat-\\nter but not by the former, some which may he done\\nby both, and some which may be done by neither.\\nThus the Federal government has the power to\\nmake treaties and to coin money, both of which pow-\\ners are forbidden to the States. The Federal Consti-\\ntution is silent as to education therefore longress may\\nnot, and the States may, organize schools within the\\nseveral States. This depends on the principle that the\\nFederal government has only such powers as are\\ngranted, while the States may do whatever is not tor-\\nbidden in the Federal Constitution.\\nThe Federal government may lay a tax on land.\\nThe States a re not forbidden to do the same thing, and\\nthere is nothing in the nature of a land tax which\\nwould prevent its being laid by both authorities.\\nHence this power may be exercised by both.\\nBoth the United States (i.e., the Federal govern-\\nment) and the States are forbidden to grant a title of\\nnobility.\\n3. The Prohibitions on the States in the Federal\\nConstitution are found mainly in Article 1., Section LO;\\nArticle IV., Sections 1 and 2 Article VI., Section 2\\nAmendment XIII., Amendment XIV., and Amend-\\nment XV. There are also some implied prohibitions\\nin other parts of the Constitution.\\nThese prohibitions on States, it must be noticed, cover\\nthe whole field of political action. They relate to the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0377.jp2"}, "378": {"fulltext": "168 THE GOVERNMENT OF ILLINOIS\\nState constitutions as well as to statutes enacted by the\\nState legislatures. They include the acts of the Ex-\\necutive and the acts of the courts.\\n4. Federal Law Supreme The Federal Constitu-\\ntion, laws, and treaties are the supreme law of the\\nland, anything in the constitution or laws of any\\nState to the contrary notwithstanding.\\nThis is a prohibition on the enactment of any State\\nla w, whether in the State constitution or statutes, which\\nconflicts with Federal law. If a State does make such\\nenactment, and under it a suit reaches a Federal court,\\nthat court will decide the enactment in question to be\\nnull and void.\\n5. Some Essential Attributes of Sovereignty\\nForbidden The States are forbidden to do certain\\ntilings which are held to belong to what are known as\\nthe essential attributes of sovereignty i.e., they\\nare things which are customarily done only by the\\ngovernments of independent nations.f\\nThese are (1) the making of treaties, (2) engaging in\\nwar, (3) granting authority to private armed ships to\\ncarry on war, (4) keeping of military or naval forces\\nin time of peace, (5) coining money, (6) issuing paper\\nnotes to pass as money, (7) making anything but gold\\nand silver coin a legal tender for the payment of debts,\\n(8) passing laws which shall take the place of a judi-\\ncial trial and conviction for crime, or which shall put\\npersons accused of crime in a worse position legally\\nthan was the case when the crime was committed, (9)\\ngranting titles of nobility, (10) laying duties on im-\\nports and exports, (11) laying duties of tonnage.\\nU. S. Const., Art. VI., 2. fU. S. Const., Art. I., 10.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0378.jp2"}, "379": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 169\\nSome of these are forbidden mainly because they are\\nthought undesirable altogether, and are forbidden to\\nthe Federal government as well. Such wvv those num-\\nbered (8), (9), and the latter pari of 1\\nOthers are forbidden unless ongress grants consent.\\nThese are (2), (4), (10), (11). Tinier certain specified\\nconditions States may levy duties and carry on war.\\n6. Interstate Comity States are forbidden to do\\nsomethings which relate to what is called interstate\\ncomity. No State may refuse to give full credit to\\nthe public acts, records, and judicial proceedings of\\nany other State. KTo State may refuse to the citizens\\nof any other State the same privileges ami immunities\\npossessed by its own citizens e.g., if a citizen of Ohio\\nis temporarily resident in Illinois, he is entitled to ex-\\nactly the same legal rights, under the same limitations,\\nas a citizen of Illinois. States are forbidden to harbor\\ncriminals who have tied from other States. States\\nwere also forbidden to harbor runaway slaves from\\nother States, but since the adoption of the thirteenth\\namendment this prohibition is obsolete 1\\n7. Slavery Prohibited Xo State may establish Of\\nmaintain by law the condition of slavery .f\\nSlavery is the legal condition by which the services\\nof one human being belong permanently as property\\nto another. Slaves were at one time held in all the\\noriginal thirteen States. In the States north of Mary-\\nland slavery was abolished voluntarily at different\\ntimes the last being New York, in 1827. Fifteen\\nStates maintained slavery until it was abolished by the\\nCivil War and the adoption of the thirteenth amendment\\n*U. S. Const., Art. IV., 1, 2. f V- S. Const., Anult. XIII.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0379.jp2"}, "380": {"fulltext": "170 THE GOVERNMENT OF ILLINOIS\\n(1805). These were the States south of Pennsylvania,\\nthe Ohio River, and Iowa. In the old Northwest\\nTerritory slavery was forbidden by the Ordinance of\\n1787. Repeated efforts were made, however, to induce\\nCongress to consent to the existence of slavery in Illi-\\nnois while a Territory, but without success. After\\nIllinois became a State, a determined effort was made\\nto secure an amendment to the Constitution legalizing\\nslavery, but by a large majority the people defeated\\nthe plan (1824).\\n8. Civil Rights\u00e2\u0080\u0094 States are forbidden to enact or to\\nenforce any law which abridges the privileges or im-\\nmunities of citizens of the United States.*\\nThe Constitution does not specify these privileges\\nand immunities. Whatever they are they are exempt\\nfrom interference by the States, whether in their con-\\nstitutions and laws or in any acts of the administra-\\ntive departments or courts.\\nSome think that these privileges are those included in\\nthe first eight amendments to the Federal Constitution.\\nThat, however, is not the view of the Supreme Court\\nof the United States, and therefore, unless that court\\nshould take a different view of the case, it cannot be\\nheld to be the law.\\n9. Due Process of Law The States are forbidden\\nto deprive any person of life, liberty, or property, with-\\nout due process of law. This does not mean any par-\\nticular process, but merely such law as is general and\\nimpartial in its character, and such as at the same time\\nviolates no provision of the Federal or State Constitu-\\ntion. Law and not caprice should be the method.\\n*U. S. Const., Amdt. XIV.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0380.jp2"}, "381": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 171\\nLaw is a body of general rules caprice relates to an\\nindividual ease only.\\nThe States are forbidden to deny to any person\\nwithin their jurisdiction the equal protection of the\\nlaws.\\nThe States are forbidden to pay any debts incurred\\nin aid of insurrection against the United States, or any\\nclaims for the emancipation of slaves.\\n10. Suffrage States are forbidden to deny citizens\\nof the United States the right to vote on account of\\nrace, color, or previous condition of servitude.\\nCitizens may he denied the right to vote on any other\\nground which may please the States. Indeed qualifi-\\ncations of age, sex, intelligence, or property are em-\\nbodied in the suffrage laws of many States. The pro-\\nhibition merely relates to the particular reasons\\nenumerated.\\nRESTRICTIONS MADE BY THE ILLINOIS CONSTI-\\nTUTION ON THE POWERS OF THE STATE\\nGOVERNMENT\\n11. Bills of Rights The Constitution of Illinois\\nprovides for a frame of government, distributes pow-\\ners among its branches, and assigns duties to them.\\nHere it might stop, leaving the State government to\\nexercise these powers, which in that case would be all\\nwhich are not forbidden by the Federal Constitution.\\nBut the earliest Constitutions adopted by any of the\\nStates, during the Revolutionary War, were not content\\nwith this, and specified certain things which the gov-\\n*U. S. Const., Amdt. XV.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0381.jp2"}, "382": {"fulltext": "172 THE GOVERNMENT OF ILLINOIS\\neminent was forbidden to do. These things were\\nmainly snch acts as the British Constitution forbade\\nto the king, and formed a body of rights of the peo-\\nple which the king could not infringe. Some other\\nthings were such as the British Parliaments had done\\nat various times, but which in the opinion of the\\nAmerican colonists were things which ought not to be\\ndone. These various prohibitions formed what was\\nknown as a bill of rights so called from a famous act\\nof the British Parliament in 1689, which enumerated\\nand declared rights of British subjects as against the\\nking. It will be seen that the American bills of\\nrights included the rights of the people as against the\\naction of all branches of their government.\\nTHE ILLINOIS BILL OF RIGHTS\\n12. As new States were admitted to the Union they\\nall followed the example of the early States in making\\na bill of rights a part of the constitution. Illinois was\\nno exception, and each of its three Constitutions has\\nhad one article devoted to this subject. The present\\nbill of rights of Illinois is not very different from that\\nembodied in the Constitution of 1818, and consists of es-\\nsentially the same limitations on the State government\\nas the first eight amendments to the Federal Consti-\\ntution place on the Federal government (111. Const.,\\nArt. II.).\\nRESTRICTIONS OX TnE POWERS OF THE STATE LEGIS-\\nLATURE AND OF LOCAL GOVERNMENTS\\n1 But with the continued experience of the people\\nwith State governments it has become evident that", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0382.jp2"}, "383": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 173\\nthe State legislatures cannot safely be entrusted with\\ntoo extensive powers, (specially with such as relate to\\nthe raising and expending of revenue, and with such\\nas include grants of special privileges to individuals or\\ngroups of individuals. Accordingly the present Con-\\nstitution of Illinois contains a Long lisl of Limitations\\non the powers of the General Assembly. Many or all\\nof these might, perhaps, quite as well have been em-\\nbodied in the hill of rights, hut it has seemed more\\nconvenient to put them in the pail of the Constitution\\nwhich relates to the Legislature (Art. EV.), orin that\\nwhich relates to revenue (Art. EX.).\\nThe same considerations have Led to like limitations\\non the powers of Local governments thoseof coun-\\nties, cities, villages, and towns (Act. EX.).\\nThe first paragraph and the last two paragraphs of\\nthe Illinois hill of rights are merely declaratory of\\ngeneral principles (111. Const., Art. EL, 1. E9, 20).\\nThey, perhaps, need no comment.\\n14. Freedom of Religion In some countries there\\nis an established church i.e., a church which is\\nrecognized by law as a public institution and sup-\\nported in whole or in part by taxes Levied on all. At\\ntimes laws have required people to attend services\\nat the State church, or have forbidden them to attend\\nany other. Even in some of the original American\\ncolonies, and to some extent in some of the States at\\nthe time of the Revolutionary War, political privileges\\nwere made dependent on certain forms of religious\\nprofession.* The power to pass such laws is forbidden\\nto Congress by the first amendment to the Federal\\nFiske, Critical Period, pp. 70-87.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0383.jp2"}, "384": {"fulltext": "174 THE GOVERNMENT OF ILLINOIS\\nConstitution, and to the State Legislature by Section\\n3 of the Illinois bill of rights.\\n15. The Abuse of Liberty Advantage has been\\ntaken of this guaranty of religious liberty to defend\\npractices which are at variance with the general ideas\\nof morality and social order. An example of this is\\nfound in the Mormons, who at one time had a home in\\nIllinois (1840-46), and who insisted that polygamy\\nwas Avith them an article of religious faith. The con-\\nstitutional limitations cannot cover such practices.\\n16. Freedom of Speech It is the law in some\\ncontinental nations of Europe that rulers are not to\\nbe spoken of disrespectfully, and that newspapers must\\nnot print things which are forbidden by the govern-\\nment. In this country, on the contrary, it is thought\\nthat public servants should be open to free criticism,\\nand the newspapers should be allowed to publish facts\\nand comment without stint. This right is secured\\nagainst infringement by the Illinois Legislature in the\\nfourth article of the bill of rights, as it is against act\\nof Congress in the first amendment to the Federal\\nConstitution.\\n17. Abuse of Liberty of Speeeh Libel It is not\\nright, however, that people should be free to indulge\\nin wanton and vicious defamation of character, espe-\\ncially in the public press. This is the abuse of lib-\\nerty to which reference is made in the Illinois Constitu-\\ntion being responsible for the abuse of that liberty\\nand which is implied, though not mentioned, in the\\nFederal amendment. This abuse of freedom of speech\\nis known in law as libel, and is subject to a penalty.*\\nRev. Stat., c. 38, 177, 178 c. 126, 1-5.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0384.jp2"}, "385": {"fulltext": "COKS 77 77 Tlo 1 1 R i:s in k Tioys 1 7\\nIt was an old maxim of the English law thai w tJi\u00c2\u00ab-\\ngreater the truth the greater the libel, because if a\\ncharge of bad conduct or character is true so much the\\nmore damage is done by its publication. This princi-\\nple is not tolerated in Illinois, unless it can be shown\\nthat the publication is needless and malicious (ill.\\nConst., Art. II., 4).*\\nIS. Freedom of* Assembly and Petition The law\\nof some lands does not allow people to meet in consid-\\nerable numbers, no matter with however praiseworthy\\na motive, unless the police authorities consent. The\\nLegislature is pi ohi hi ted from making such gatherings\\nillegal in Illinois, and the police may not interfere\\nwith them so long- as public order is observed (111.\\nConst., An. [I., 17). But if an assemblage is riotous\\nit may be dispersed, and those who persist in the dis-\\norder may he arrested and punished. 4- The same\\nliberty is guaranteed against interference by Federal\\nofficials, and with the same limitation, in the first\\namendment to the Federal Constitution.\\n19. Due Process of Lav The government of the\\nState is forbidden to deprive any person of life, liberty,\\nor property without due process of law 111. Const..\\nArt. II., 2). This prohibition on the power of the\\nStates is found also in the fourteenth amendment to\\nthe Federal Constitution, so that the provision in the\\nState bill of rights is hardly necessary.\\nThe nature of the laws under which a person may\\nbe deprived of life, liberty, or property by the govern-\\nment is quite clearly marked out in further provisions\\nof the bill of rights.\\nRev. Stat,, e. 38. 179. Rev. Stat., c. 3S, 252-255.\\nX U. S. Const., Amdt. XIV., 1.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0385.jp2"}, "386": {"fulltext": "[76 THE GOVERNMENT OF ILLINOIS\\n20. Protection of Persons Accused of Crime\\nGovernments, which are the agencies of the people\\nfor the general welfare, are necessarily entrusted with\\nLarge powers. Especially is this true in the matter of\\ndetecting and punishing criminals (111. Const., Art. II.,\\n5-11, 14). But history shows plainly that persons\\nwho are given these powers cannot always be trusted\\nto use them with entire honesty and impartiality.\\nUnder pretext of punishing crime it is quite possible\\nfor innocent persons to be put in prison, or otherwise\\nmade to suffer, merely in gratification of the private\\nanimosity of public officers, or for the purpose of se-\\ncuring political ends. There are some countries even\\nto-day in which persons arc liable to be arrested and\\nkept imprisoned a long time without knowing why\\nand without any trial. In times past trials have been\\nconducted in private and without giving the accused\\nany chance to defend himself properly. Penalties,\\ntoo, have at times been very cruel, and out of all pro-\\nportion to the offence.\\nTo guard against these evils there has grown up in\\nEngland a series of safeguards for persons accused of\\ncrime, which are embodied in the constitutions of all\\nour States, and in that of the United States. They\\nare some of the most essential provisions of a bill\\nof rig] its.\\n21. Warrant for Arrest In the first place the\\ngeneral rule is that no person shall be put under arrest\\nwithout a warrant (Art. II., 6).\\nA warrant is an order issued by a judge to a police\\nofficer, directing the arrest of a specified person. No\\nwarrant may be given unless there is good reason, sup-\\nported by the sworn statement (affidavit) of some one", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0386.jp2"}, "387": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 177\\nwho is credible, for believing the person in question to\\nbe guilty of a crime.\\n22. Arrest without Warrant While this is the\\nrale, it is also a well understood rale of law that a\\nperson detected in the act of attempting or commit-\\nting crime may he arrested without a warrant by any\\none. whether a peace officer or not, in whose presence\\nthe act was committed; and further that an officer\\nmay arrest without warrant any person whom such\\nofficer has good reason to believe guilty of a crime\\nwhich has in fact been committed.*\\nii\u00c2\u00ab*5. Examination \u00e2\u0080\u0094Being arrested, whether with or\\nwithout a warrant, the prisoner must be taken at once\\nbefore a magistrate (a judge or justice of the peace),\\nfor examination, f The magistrate examines witn\\nboth for and againsl the accused, and thus decides\\nwhether the probability of guill is strong enough to\\nmake it worth while to hold the prisoner For further\\nproceedings. If the decision is in the negative, the\\nprisoner is discharged. Otherwise he may he released\\non bail, or committed to jail for trial (if the offence is\\na petty one) or for tin 1 action of the grand jury.\\n24. Bail Bail is a sum of money guaranteed by\\nresponsible persons to he paid in case the accused per-\\nson does not a ppear when wanted for Further legal pro-\\nceedings.:): The persons who agree to give hail for\\nthe accused are called his sureties. Some offences are\\nby law not bailable especially offences the penalty of\\nwhich is death, and with regard to which the evi-\\ndence is very clear. In other cases the Constitution\\nRev. Stat, c. 38, 342. f Rev, Stat., c. 38, 355, 360.\\nRev. Stat., c. 38, 303.\\n12", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0387.jp2"}, "388": {"fulltext": "178 THE GOVERNMENT OF ILLINOIS\\nrequires bail to be accepted whenever, in the opinion\\nof the court, the sureties are sufficient (Art. II., 7).\\n25. Commitment If the accused is committed to\\njail, the sheriff or constable is given by the court an\\norder called a mittimus* directing that the prisoner\\nbe delivered at the county jail, and that the jailer\\nshall receive him and hold him in custody until dis-\\ncharged by process of law.\\n26. Indictment The legal methods of most Euro-\\npean nations permit the examining magistrate to\\ncommit an accused person to be held for trial by the\\ncriminal court. In Great Britain and the United\\nStates, however, a further safeguard is provided. No\\none is permitted to be held for trial on charge of\\na felony (p. 134) unless he has first been indicted by\\na grand jury (111. Const., Art. II., 8).\\n27. The Grand Jury The grand jury consists of\\ntwenty-three persons, of whom sixteen constitute a\\nquorum.\\nGrand jurors must be inhabitants, between the ages\\nof twenty-one and sixty, not decrepit or feeble-minded,\\nof good character and judgment, intelligent, and they\\nmust understand the English language. They must\\nalso be freeholders (owners of real estate) and house-\\nholders living with their families.f\\n28. Exemption Certain classes of people are ex-\\nempted from all jury duty 4 These are, the principal\\nofficers of all departments of the State government,\\nall officers of the United States, practicing attorneys,\\nofficiating ministers of the gospel, school teachers dur-\\nRev. Stat,, c. 38, 363, 367.\\nf Rev. Stat., c. 78, 2, 16, 26-30. Rev. Stat., c. 78, 4.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0388.jp2"}, "389": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 179\\ning the terms of school, practicing physicians, constant\\nferrymen, mayors of cities, policemen, and members of\\nthe fire department.\\n29. How a Jury is Obtained It is the duty of the\\ncounty board to prepare a suitable list of persons eli-\\ngible for jury duty. In case of a special vote of the\\npeople in any county, however, to thai effect, this duty\\nis given to a jury commission. This body consists of\\nthree suitable persons, appointed by the judges within\\nthe county for a term of three years. ne is appointed\\nannually. From the list thus prepared, the clerk of\\nthe court requiring a grand jury draws a sufficient\\nnumber of names for the purpose.\\n30. How the Grand Jury Moots The grand jury\\nmeets in a private room of the court-house, and con-\\nsiders such cases as it thinks proper. Usually the\\ncases are prepared and laid before the grand jury by\\nthe State s attorney. f course all who have been held\\nfor the grand jury by examining magistrates are in-\\ncluded. Besides these the grand jury may consider\\nany other cases as to which they have any evidence.\\nThey hear only evidence against the accused, and de-\\ncide, not whether in their opinion he is guilty or inno-\\ncent, but whether the evidence against him is strong\\nenough to warrant a trial. It is the trial which deter-\\nmines whether he actually is guilty. The paper which\\nis drawn up, formally charging the acctised person with\\na crime, is called an indictment. Twelve members of\\nthe jury must vote for an indictment to make it valid.\\nThe Federal Constitution also requires indictment by\\na grand jury as a condition of trial in a criminal case\\nin the Federal courts.*\\n*U. S. Const., Anult. V.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0389.jp2"}, "390": {"fulltext": "180 THE GOVERNMENT OF ILLINOIS\\nCertain offences are not indictable. These are, in\\nIllinois, minor offences, cases of impeachment, and mil-\\nitary offences, tinder the Federal Constitution non-\\nindictable cases are the last two named.\\nIt is also provided by the Illinois Constitution that\\nthe grand jury may be abolished by law in all cases.\\n31. Habeas Corpus One of the most famous and\\nvaluable safeguards of an accused person against injus-\\ntice is the writ of habeas corpus (111. Const., Art. II.,\\n7). A prisoner who thinks himself to be illegally held\\nmay apply to any judge for this writ, and the State\\nConstitution ordains that the privilege of this writ\\nshall not be suspended, unless in cases of rebellion or\\ninvasion the public safety may so require.*\\nThe writ is merely an order from the judge, ad-\\ndressed to the officer who has the prisoner in custody,\\ncommanding that he produce that prisoner before the\\njudge at a given time and show the reason for impris-\\nonment. It is the duty of the officer to obey this writ.\\nThe judge, at the hearing, may decide that the prisoner\\nis illegally held, and so may discharge him from cus-\\ntody altogether; he may decide that bail should be\\nreceived, and so may discharge him on furnishing ade-\\nquate sureties or he may remand the prisoner to jail.\\n32. Trial The method of criminal trials is hedged\\nabout by many restrictions in the interests of the ac-\\ncused (111. Const., Art. II., 9).\\nThe accused has the right to be tried in his own\\npresence and to be represented by counsel;! to hear the\\nnature of the accusation stated to him; to have the\\nwitnesses against him testify in his presence, and to\\nRev. Stat., c. 05. fRev. Stat,, c. 78.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0390.jp2"}, "391": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 1 M\\nhave the court compel, it* need be, the attendance f\\nwitnesses for the defence.* The writ issued by the\\ncourt which requires the attendance of witnesses is\\ncalled siibjxi/Hi.\\nThe trial must be speedy, and it must be decided by\\nan impartial jury of the county or district where the\\noffence is alleged to have been committed.\\nThe trial jury consists of twelve men. Their require-\\nments are the same as those of the grand jury, except-\\ning that they need not he freeholders or householders.\\nThe jury list is made up and the jurors are drawn,\\nalso, in the same way as in case of the grand jury. In\\norder to find the accused guilty, the t welve jurors must\\nvote unanimously for conviction. If the twelve vote\\nunanimously for acquittal, the prisoner goes IVee, and\\nhe cannot be tried a second time for the same offence\\n(Art. [I.,\u00c2\u00a7 10). If the jury cannot agree, they so report,\\nand the prisoner may be tried again by another jury.\\nThe accused cannot he compelled to give evidence\\nagainst himself (Art. II., 10). In old times this was\\nnot the law, and accused persons were tortured in order\\nto make them confess.\\nPenalties Penalties must not be out of pro-\\nportion to the offence. No penalty shall make the\\nheirs of a convicted criminal incapable of inheriting\\nhis estate, and no person shall he punished by banish-\\nment from the State for an offence committed within\\nit (Art. It., \u00c2\u00a7.11).\\n34. No Ex Post Facto Law The Legislature is for-\\nbidden to pass any ex post facto la,w (111. Const., Art. II.,\\n14). Such a law is one which, passed after a given\\nRev. Stat,, c. 38, \u00c2\u00a7421, etc.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0391.jp2"}, "392": {"fulltext": "182 THE GOVERNMENT OF ILLINOIS\\noffence has been committed, makes the penalty heavier,\\nor in any way increases the disadvantage of the crim-\\ninal. Such law is evidently unjust. It is also forbid-\\nden to the States by the Federal Constitution.\\nTt must be noticed that an ex post facto law is one\\nreferring to criminal matters only. Other retroactive\\nlegislation is not forbidden.\\n35. The Court A criminal court includes a judge,\\nwho presides a jury, which decides the case the\\nState s attorney, who conducts the case against the\\nprisoner the prisoner s attorney, who defends him\\na clerk, who keeps judicial records and certain at-\\ntendants.\\n3G. English and American Practices The writ\\nof habeas corpus, the grand jury, and the trial jury are\\nall derived from England, where they originated long\\nsince.\\nAll these pains are taken for the protection of per-\\nsons accused of crime because it is thought better that\\nmany guilty men should escape than that one innocent\\nman should be punished. Moreover, the accused per-\\nson is presumed to be innocent until he is proven\\nguilty. Therefore, when one is arrested it is not nec-\\nessary for him to prove his innocence. It is, on the\\nother hand, necessary for the State to prove his guilt,\\nor he goes free.\\n37. Protection of Property against the Govern-\\nment The due process of law by which the gov-\\nernment may deprive persons of property is quite\\nclearly defined and limited in the State Constitution.\\nThe two ways in which this power is most com-\\nmonly exercised are in levying taxes and in the use of\\nthe right of eminent domain.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0392.jp2"}, "393": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 1^3\\nhh. Taxes Taxes are money, or property, taken\\nfrom the individual by the government for public use\\n(p. L50).\\nNo administrative officials are permitted to levy or\\ncollect taxes unless specifically authorized by law.\\nThe power of the G-eneral Assembly to lay taxes is\\nlimited by the Federal Constitution. States are tor-\\nhidden to tax imports or exports without the consent\\nof Congress. Even if Congress consents, the state\\ncan use no pari of the proceeds of such tax except\\nenough to pay the mere cost of inspecting article- of\\nimport or export. Inspection is for the purpose of\\ninsuring health or the genuineness of articles. States\\nare also forbidden, without the consent of Congress, to\\nlav any duty of tonnage Max on ships).\\nThe power of the General Assembly t lay taxes is\\nlimited by the State Constitution. Taxes are to he\\nlevied on property according to its value, and on cer-\\ntain occupations and legal privileges (HI. Const, Art\\nIX., \u00c2\u00a71).\\niM). Exempt ions Certain classes of property may\\nbe exempted from taxation (111. Const., Art. IX. 2).\\nThese include all public property, -and such other\\nproperty as may be used exclusively for agricultural\\nand horticultural societies, for school, religious, ceme-\\ntery, and charitable purposes. But such exemption\\nmay be made only by genera] law (111. (/oust.. Art.\\nIV., 32). The law in question is very specific and\\nliberal.\\n40. Limitations on Comities The power of count v\\nauthorities to lay taxes is limited to the rate of sev-\\nU. S. Const., Art. I., Sec. 10, 2. Rev. Stat., c. 120, 8.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0393.jp2"}, "394": {"fulltext": "184 THE GOVERNMENT OF ILLINOIS\\nen ty- live cents on the one hundred dollars of assessed\\nvaluation, unless the people of the county by a direct\\nvote authorize an increase (Art. IX., 8).\\n41. Municipal Corporations The State Legisla-\\nture is forbidden to lay taxes for the purposes of mu-\\nnicipal corporations, but is permitted to grant the tax-\\ning power for local purposes to the corporate authori-\\nties of such corporations (111. Const., Art. IX., 9, 10).\\nIn granting this power, the law forbids a city or vil-\\nlage to lay a tax, aside from what may be necessary\\nfor the payment of debts or the interest thereon,\\nwhich shall exceed two per cent, on the assessed valua-\\ntion of all property within the corporate limit.*\\n42. Public Indebtedness It is sometimes neces-\\nsary to expend for public purposes large sums of\\nmoney which if raised at once by taxation would be\\nan unreasonable burden, and which at the same time\\nare for the benefit of coming generations. Under\\nsuch circumstances it is thought only fair to allow\\nsuch money to be obtained by borrowing, the interest\\nand principal of the loan to be paid gradually from\\nthe taxes of a series of years (p. 154).\\nOn the other hand, it is not safe to allow govern-\\nments unlimited power to incur indebtedness, as they\\nwould be liable to such extravagance as would in the\\nend result in a crushing load of taxation.\\n43. State I ebts Accordingly, the General Assem-\\nbly is forbidden to incur debt at all, except for the\\npurpose of meeting a casual deficit in revenue, and\\nthen only to the amount of two hundred and fifty\\nthousand dollars. No debt for any other purpose\\n*Rev. Stat., c. 24, 111.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0394.jp2"}, "395": {"fulltext": "CONSTITUTIONAL UESTKK TIOXS 1 gg\\n(except in case of insurrection or invasion may be in-\\ncurred unless the people of the State authorize such\\ndebt by vote at a general election (111. Const., Art.\\nIV., 18. See also p. 154).\\n44. Local Debts Local authorities (county, city,\\ntown, or village) are forbidden to incur debt to an\\namount exceeding five per cent, on the assessed valua-\\ntion of the taxable property (111. Const., Art. I X.. 1 2\\nFurther, no such debt shall be incurred unless pro-\\nvision is at the same time made for meeting the inter-\\nest and principal as the same shall fall due (p. 154).\\n45. Eminent Domain By eminent domain is\\nmeant the right of the State to take any particular\\npiece of property which belongs to an individual if it\\nis needed for public purposes. It may be for the pub-\\nlic interest that a city hall or a school-house should be\\nput in a certain place, or that a railroad or canal\\nshould go through a given piece of land. In such\\ncases, if the owner is unwilling to sell, the State has the\\nright to take the land without the owner s consent.\\nIn order to prevent the abuse of that power the bill\\nof rights provides that the right of eminent domain\\nshall not be exercised without giving just compensa-\\ntion to the owner. In case the State and owner do\\nnot agree as to the value of what is taken, a jury shall\\ndecide (111. Const., Art. II., \u00c2\u00a713).\\n4G. The Expenditure of Public Funds It is not\\nenough for the Constitution to put limits on the power\\nof government to lay taxes and to incur debt. If the\\nfunds which actually come into the treasury in these\\nways are taken out again carelessly or dishonestly, it\\nwill be necessary to raise so much the more. And so\\nin the end the taxpayer will lose.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0395.jp2"}, "396": {"fulltext": "186 THE GOVERNMENT OF ILLINOIS\\nFor this reason there are careful restrictions con-\\nnected with the expenditure of public funds.\\nNo money must be taken from the treasury ex-\\ncept under an appropriation made by law (111. Const.,\\nArt. IT., 17). Laws may be made only in a certain\\nway, so as to insure deliberation and publicity (Art.\\nIV., 12, 13). No extra compensation may be voted\\nto public officers after their service has been rendered\\n(Art. IV., 19, 21). Salaries of members of the Legis-\\nlature shall not be changed during the term for which\\nthey were elected (Art, V., 23). The same principle\\nis applied to administrative officers. No law may ex-\\ntend the term of a public officer after his election or\\nappointment (Art. IV., 28). The Legislature has no\\npower to remit debts due to the State or its subdi-\\nvisions (Art. IY., 23). The expenditure to be allowed\\nfor the State capitol is limited (Art. IY., 33).\\n47. Justice and Equality and the General Wel-\\nfare Various restrictions are also laid on the State\\nlaw-making power in the interest of justice and equal-\\nity of rights among the people in the interest of the\\ngeneral welfare in the interest, also, of economy of\\ntime for public servants, by preventing their attention\\nfrom being taken up with a mass of needless details.\\n48. Special Legislation To accomplish these ends\\na variety of restrictions are laid down. Special legis-\\nlation is prohibited on a long list of subjects (Art.\\n[Y., j 22). If it is desired to have a law on any one of\\nthese subjects, the law must be a general one for the\\nwhole State. For instance, the Legislature is not per-\\nmitted to pass a law for the organization of schools in\\nSt. Clair County alone. The law under which those\\nschools are organized is the general school law of the", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0396.jp2"}, "397": {"fulltext": "CONSTITUTJOXAL RESTRICTIONS 187\\nState. Of course any special laws for such purposes\\nas had been passed before the adoption of the Constitu-\\ntion of L870 were not thereby repealed. But no more\\nsucli laws have been made since that year.\\n49. Special Laws for Municipal Charters In\\nsonic States there is no such limitation on the power\\nof the Legislature, and accordingly each city has a\\ncharter- a law which provides the structure and\\npowers of the city government\u00e2\u0080\u0094 of its own. The re-\\nsult is not merely that city charters in such States\\nare very different from one another, but also that tinw-\\nare continually being changed. In every city then are\\npolitical factions or special interests which besiege\\nthe Legislature for modifications of the charter. Such\\nmodifications are incessantly made, without much re-\\ngard for the real interests of the city. The require-\\nment of the Illinois Constitution is that there shall be\\none law for the whole State, providing a plan \u00c2\u00bbf gov-\\nernment for all cities alike, and that no special act\\nshall be passed for any one city. This cuts off the\\ncontinual meddling by the Legislature with the gov-\\nernment of different cities, for what a particular group\\nof men may want and perphaps might easily get for\\ntheir own home is by no means so simple a thing if it\\ncannot be done without affecting every city in the\\nState (p. 157).\\n50. Classification of Cities Attention should be\\ncalled to oneway in which the restriction of the Illi-\\nnois Constitution seems to be to some extent evaded.\\nLaws are passed which relate to cities which have\\na population of more than 100,000. The only city\\nin the State which answers this description is Chi-\\ncago, and it is evident that the provisions in ques-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0397.jp2"}, "398": {"fulltext": "188 THE GOVERNMENT OF ILLINOIS\\ntion are intended to apply to Chicago alone. Still,\\nthe law is put in general terms, and it is held to be\\nvalid to classify cities in this way, provided that in\\nany such class, no matter how many or how few it\\nmay contain, the provisions of the law are general.\\n51. Special Laws for Other Charters The same\\nthing is true of other corporations. If every hank\\nor railroad that wished a charter empowering it to do\\nbusiness had to request a special act of the Legis-\\nlature, there Avould be room for much injustice and\\ncorruption. This is prevented by the simple require-\\nment of a general law.\\nCORPORATIONS\\n52. A Corporation is a body of people associated\\ntogether and authorized by law to do business as a\\nsingle person. There is always a corporate name, like\\nthe Mutual National Bank, or the Illinois Central\\nRailroad. A corporation can make contracts, buy\\nand sell property, sue and be sued in the courts, just as\\nif it were one person. The members of a corporation\\nselect certain individuals to act as their agents for\\ndoing such business.\\n53. Public or Municipal Corporations include all\\nthe people in a given area, and form a part of the gov-\\nernment of the State. Cities, villages, and school\\ndistricts are examples of municipal corporations.\\n54. Private Corporations do not necessarily include\\nall the people in a given area, and have purposes quite\\ndistinct from those of the government of the State.\\nRev. Stat., c. 122, 173.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0398.jp2"}, "399": {"fulltext": "OXSTITUTIONA I, RESTRICTIONS 89\\nSome are business corporations, formed for the sake of\\nprofit, like banks, railroads, and manufactories. Some\\nare for educational or benevolent purposes, like colleges\\nor orphan asylums. Some are for religious purposes,\\nlike churches and others, again, for social object- or\\namusement, like various clubs.\\nThe laws relating to public corporations are dis-\\ncussed under the head of Local Government (p. L37).\\nSome of the provisions as to private corporations, how-\\never, may be considered at this point.\\nTin 4 genera] law for private corporations divides\\nthem into two classes those for pecuniary profit, and\\nthose not for pecuniary profit.\\n55. Corporations for Pecuniary Profit,* with the\\nexception of hanks, railroads, and insurance companies,\\nand one or two other kinds, may he formed by filing\\nin the office of the secretary of Btate p. B6) a state-\\nment setting forth essential facts like the name and\\npurposes of the association, the amount of its capital\\nstock, and its place of doing business and then receiv-\\ning a license authorizing organization. When organi-\\nzation is duly effected, the facts relating to it are also\\ntiled in the office of the secretary of state, and that\\nofficer then grants a certificate of incorporation.\\n56. A Corporation not for Pecuniary Profit is\\nformed by filing in the office of the secretary of state\\na statement setting forth the name and purposes of the\\nassociation, and the names of the trustees who are to\\nmanage its affairs at the outset, and then receiving\\nfrom the secretary of state a certificate of incorpora-\\ntion.\\n*Rcv. Stat., c. 32, 1-4. fKev. Stat., c. 32. 29, 30.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0399.jp2"}, "400": {"fulltext": "190 THE GOVERNMENT OF ILLINOIS\\nIn (Mich case the powers of the corporation and its\\nmode of doing business are carefully defined in the\\nstatute.\\n57. Churches Religious corporations (churches)\\nare formed still more simply, as no certificate is re-\\nquired from the secretary of state.*\\n58. Banks Banks may be incorporated in accord-\\nance with a general law ratified by the people in 1887.\\nPermission to incorporate in this case comes from the\\nauditor (p. 86) instead of the secretary of state. f\\n59. Railroads Railroad corporations are formed\\nby filing a statement of essential facts in the office of\\nthe recorder of deeds (p. 129) of each county through\\nwhich it is proposed that the road shall run, and in the\\noffice of the secretary of state.:};\\n00. Insurance Companies Insurance companies\\nare incorporated by filing with the auditor a statement\\nof essential facts, and receiving from him due author-\\nity.\u00c2\u00a7\\nThe powers of banking and railroad corporations are\\ncarefully limited by the Constitution (Art. XI.), and\\nstill more specifically by the statutes above cited. The\\nstatutes, also, are very explicit in guarding the powers\\nand methods of other corporations which are con-\\nducted for pecuniary profit.\\nANY LEGISLATION ON SOME SUBJECTS FORBIDDEN\\n61. Some things the Legislature is absolutely pro-\\nhibited from doing.\\n02. Indebtedness to the State No law may be\\nRev. Stat,, c. 32, 35 f Rev. Stat., c. 16a.\\nRev. Stat., c. 114. Rev. Stat., c. 73.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0400.jp2"}, "401": {"fulltext": "CONSTITUTIONAL RESTRICTIONS 191\\npassed which releases persons from indebtedness to the\\nState or to any subdivision of the State (Art. IV.. 23).\\nLotteries No Jaw may be passed authorizing\\nlotteries or gift enterprises (Art. IV., -27). Lotteries\\nare a species of gambling. Some generations ago they\\nwere thought entirely proper, and were conducted in\\naid of churches and colleges, and lor other eminently\\nrespectable purposes. On the whole, however, they\\nwere found to he injurious, and so are now forbidden\\nin all the States.*\\n4. Extending Terms of Office No law shall ex-\\ntend the term of a public officer after his election or\\nappointment (Art. IV., 28).\\n65. Appropriations for Education No money or\\nother property given for educational purposes shall be\\ndevoted to any other purpose (Art. VIII., l l\\nGO. Impairing the Obligation of Contracts No\\nlaw may be passed which impairs the obligation of\\ncontracts e.g., a law which permits a city to repu-\\ndiate the payment of its debts (Art. II.. L4). This\\nclass of laws is forbidden by the Constitution of the\\nUnited States,*) so the clause in the State Constitution\\nis redundant.\\n67. Irrevocable Grants of Privilege No law shall\\nbe passed which makes an irrevocable grant of special\\nprivileges (111. Const., Art. II., 14).\\n08. Public Incorporations not Contracts By the\\nlaw for the incorporation of cities such corporations\\nare vested with certain powers and privileges. The\\nrepeal or modification of such laws, whereby privileges\\nare taken away, is held to be entirely valid.\\nRev. Stat., c. 38, 180-185. f U. S. Const., Art. I., Sec. 10, 1.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0401.jp2"}, "402": {"fulltext": "192 THE GOVERNMENT OF ILLINOIS\\nThe incorporation of cities is not a contract, in the\\nsense of the Constitution, and hence such repeals do\\nnot constitute the impairment of the obligation of a\\ncontract.\\n69. Private Incorporations are Contracts, but may\\nnot be Irrevocable If a charter is granted to a rail-\\nway, or other private corporation, for a term of years,\\nsuch grant is a contract. So long, then, as the corpo-\\nration in question does not violate the conditions of\\nthe grant, the Legislature may not revoke it. But, on\\nthe other hand, the granting of such a charter in per-\\npetuity is forbidden.\\n70. Elections All elections must be free and equal\\n(111. Const., Art. II., 18), and all votes must be by\\nballot (111. Const., Art. VII., 2).\\nThe election of public officers is at the very founda-\\ntion of government in a republic. Unless the laws\\nand their administration are such that people may\\nfreely express their will at the ballot box, the republic\\nis practically subverted.\\n71. Subordination of Military to Civil Authority\\nThe military is to be kept in strict subjection to the\\ncivil authorities, and soldiers shall not be quartered in\\nprivate houses without the consent of the owners.\\nA military force is necessary for defence against\\nattacks from without, and as a last resource in case of\\ninternal disorder (111. Const., Art. II., 15, 16). But\\nno republic can be free if military force is predomi-\\nnant.*\\nIt was a custom at the time the American republic\\nwas founded for soldiers to be kept, Avhen barracks\\nIT. S. Const., Aindl, III.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0402.jp2"}, "403": {"fulltext": "CONSTITUTIONAL RESTRICTIONS y\\nwere not at hand, by assigning them to private houses.\\nThis was inconvenient, annoying, and expensive for\\nthe householders. It is forbidden to Federal authori-\\nties by the Federal Constitution, and to State authori-\\nties by the State, Constitution.\\nTHE REMEDY IN case government disregards\\nCONSTITUTIONAL RESTRICTIONS\\nIt is a maxim of Law that for every wrong there\\nshould be a remedy. If the government disregards the\\nlimitations placed upon it by the institution, the rem-\\nedy of the citizen is found in the courts. Any act of\\nthe Legislature which falls within the prohibitions of\\nthe Constitution the courts will declare to he uncon-\\nstitutional, and so void and of no effect. Any act of\\nan administrative officer in accordance with such a\\nLaw, or in any way in excess of his Legal powers, a\\ncourt- will prevent by a prohibitory writ a writ of in-\\njunction.\\nThe courts will not pass on the question of the\\nconstitutionality of a law, however, unless a casi is\\nbrought i.e., unless sonic one claims that he is ac-\\ntually wronged by the application of a statute, and\\nasks for redress.\\n13", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0403.jp2"}, "404": {"fulltext": "CHAPTEK XIV\\nILLINOIS AND THE UNITED STATES\\nILLINOIS IN THE FEDERAL GOVERNMENT\\n1. Representation Illinois, as a State of the Union,\\nis represented in the Federal government and, for the\\nsame reason, the Federal government is represented in\\nIllinois.\\nAs a State of the Union, Illinois is entitled to two\\nsenators, to such a number of representatives in Con-\\ngress as the population of the State may warrant, and\\nto a number of Presidential electors equal to the num-\\nber of senators and representatives taken together.\\n2. Senators The two senators are elected by the\\nState Legislature, as the Federal Constitution and laws\\nrequire. Each has a term of six years the present\\nterm of one expiring March 4, 1901, and that of the\\nother March 4, 1903. In the winter preceding those\\ntwo dates the Legislature will make a new election.\\n:5. Election The method of election is fixed by\\nFederal statute.\\nThe State Legislature chosen at the election next\\npreceding the date at which the term of a senator from\\nthat State expires is the Legislature which may choose\\na new senator.*\\nOn the second Tuesday after the Legislature meets\\nand is organized, each house, by a viva voce vote, nom-\\nU. S. Rev. Stat., 14-19.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0404.jp2"}, "405": {"fulltext": "ILLINOIS AND THE UNITED STATES 195\\ninates one person as senator. On the next day. at\\nnoon, the two houses convene in joint session and for-\\nmally report the action of each on the previous day. If\\nthen it appears that the same person was nominated by\\nboth houses, he is declared elected. Otherwise the\\nhouses, in joint session, proceed to vote vi/va voce, a\\nmajority of all the members elected to both houses\\nbeing required for an election. If there is no election\\nthe first clay of the joint session, then at noon on the\\nfollowing day the joint session reconvenes, and goes\\non voting. This process is continued until there is an\\nelection.\\n4. Vacancy In case of vacancy in the office of\\nsenator, if such vacancy happens during a recess of\\nthe Legislature, the governor of the State may appoint\\na temporary senator, who holds office until the next\\nmeeting of the Legislature; in that case, or in case of\\na vacancy which happens while the Legislature is in\\nsession, the Legislature 4 proceeds to elect a senator in\\nthe same manner as above described.\\n5. Representatives\u00e2\u0080\u0094 By the congressional appor-\\ntionment at present in force, Illinois has twenty-two\\nmembers of the Federal House of Representatives.*\\nAfter the national census of 1900, Congress will pass\\na new law, fixing* the total number of members in the\\nHouse of Representatives and allotting the propor-\\ntional numbers to the various States.\\n6. Apportionment An apportionment act is made\\nin this way\\nIt is first decided of what number the house shall\\nconsist. Too large a house is unwieldy, too small a\\nAct of Feb. 7, 1891.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0405.jp2"}, "406": {"fulltext": "196 THE GOVERNMENT OF ILLINOIS\\nhouse does not afford adequate representation to the\\nincreasing population. The present number is 356\\n(357 with Utah, see p. 197).\\nThe number of representatives being determined,\\nthe total population of the United States, as ascer-\\ntained by the last census, is divided by this number,\\nand the quotient is the representative ratio i.e., theo-\\nretically each State should have as many representa-\\ntives as its population contains the ratio. Dividing\\nthe population of each State by the ratio, the quotient\\nindicates the number of congressmen to which the\\nState is entitled but in each case there is a remainder.\\nWere there no remainders, the sum of the quotients\\nwould exactly equal the total number of representa-\\ntives in the house. In fact, however, the sum of the\\nquotients always falls short of the total number of\\nrepresentatives. The difference is made up by adding\\none congressman successively to the number allotted\\nto each State which has a large remainder (under the\\nlaw of 1891, to each State with a remainder greater\\nthan half the ratio). It must be noted also that each\\nState must have at least one representative, no matter\\nhow small its population.\\nThe last apportionment act of Congress, passed in\\n1891, proceeded on this principle. The total popula-\\ntion of the States and Territories, by the census of\\n1890, was 62,022,250. From this total was subtracted\\nthe population of the Territories, which are not en-\\ntitled to representatives. The remainder, 61,908,906,\\nwas the population of the States. The number 356\\nwas fixed as the number of representatives. This par-\\nticular number was selected because 4 tests with various\\nnumbers showed that 356 would result in not decreas-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0406.jp2"}, "407": {"fulltext": "ILLINOIS AM) THE UNITED STATES 197\\ning the number of representatives to which any State\\nhad been entitled under the previous apportionment,\\nand at the same time would assign one representative\\nto each remainder that equalled or exceeded one-half\\nof the representative ratio.\\nDividing 61,908,906 by 356, the quotient, L73,901\\n(disregarding the remainder), is the representative ra-\\ntio. Dividing the population of each State by this\\nratio, the sum of the quotients is 339. The remaining\\nseventeen representatives were then assigned to the\\nStates with large remainders.\\nAVhen Utah was admitted as a State (in 1896) it was\\ngiven one representative, which made the total Dum-\\nber ;5a7.\\nThe population of Illinois in L890 was 3,826,351.\\nDividing this by L73,901, the quotient is 22, with a\\nremainder of only 529. So Illinois has twenty-two\\nrepresentatives.\\n7. Election There are two ways in which the rep-\\nresentatives of a State might be chosen either all on\\na single ticket by the State as a whole, or separately\\nin districts. Until 1842 Congress left the States free\\nto do as they pleased in the matter, and tin 1 result was\\nthat some States followed one plan and others the\\nother. Since 1842, however, the successive apportion-\\nment acts of Congress have required that in all the\\nStates representatives shall be chosen by the district\\nplan, one representative from each district. It is also\\nrequired that the districts shall be composed of con-\\ntiguous territory, and that they shall be as nearly as\\npossible equal in population. The formation of dis-\\ntricts is left to the State Legislatures.*\\nAct of 1891, 3.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0407.jp2"}, "408": {"fulltext": "198 THE GOVERNMENT OF ILLINOIS\\n8. The Gerrymander In forming congressional\\ndistricts it is possible for a legislature controlled by\\none political party to make arrangements very much\\nto the advantage of that party. The method is to put\\ntogether counties or parts of counties in such way that\\nthe favored party may carry many districts by small\\nmajorities, while the other party may carry a few dis-\\ntricts by large majorities. This process is called ger-\\nrymandering (p. 57). The act of Congress attempts\\nto lessen the ease of gerrymandering districts by the\\nrequirement above noted that they shall be composed\\nof contiguous territory and shall he as nearly as pos-\\nsible equal in population.\\nThe twenty-two Illinois districts with their respect-\\nive population are given in the Appendix (p. 252).\\nf). Time of Election The Federal law requires that\\nmembers of Congress shall be elected on the Tuesday\\nnext following the first Monday in November of the\\neven numbered years. A few States whose Constitu-\\ntions fix another date are permitted to be exceptions\\nMaine holding the election on the second Monday in\\nSeptember, Vermont on the first Tuesday in Septem-\\nber, and Oregon on the first Monday in June.f\\n10. Ballots The Federal law also requires that the\\nelections shall be conducted by using written or printed\\nballots.:): The present election law of Illinois goes\\nmuch further than this, and provides for the method\\nof voting which is known as the Australian ballot\\n(p. 50).\\n11. Presidential Electors The President of the\\nU. S. ReV. Stat., Sec 25. f Act of March 3. 1875, Sec. 6.\\nU. S. Rev. Stat., Sec. 27.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0408.jp2"}, "409": {"fulltext": "ILLINOIS AND THE UNITED STATES\\nUnited States is chosen by electors representing the\\nseveral States.\\n12. Mode of Election The electors in each State\\nare appointed in such manner as the Legislature\\nthereof may direct/ Accordingly State Legislatures\\nhave used this power very freely. In some States the\\nLegislatures themselves chose the electors as was the\\ncase in South Carolina until alter the Civil War. In\\nother States electors have been chosen separately in\\ndistricts, like the representatives in Congress. This\\nwas done in Michigan in 1892. Ihit all the States now\\nchoose the electors by popular election on a general\\nticket. By this method the party which carries a\\nState, no matter by how small a majority or plurality.\\nsecures all the electors to which that State is entitled.\\nThe method of choosing electors is entirely at the dis-\\ncretion of the State Legislatures. Congress having no\\nvoice in the matter.\\n13. Time of Election The time of election also is\\nnow the same in all the States the Tuesday next fol-\\nlowing the first Monday in November of the year just\\npreceding the beginning of the presidential term. This\\nis fixed by act of Oongress.t\\n14. Number of Electors The number of electors\\nto which any State is entitled is equal to the whole\\nnumber of senators and representatives which that\\nState has in Congress.;): Illinois, therefore, under the\\npresent apportionment, has twenty-four electors. New\\nYork has thirty-six electors, Pennsylvania has thirty-\\ntwo, every other State has less than Illinois.\\nU. S. Const., Art, II., Sec. 2.\\nf U. S. Const., Art. II., Sec. 1, 4 U. S. Rev. Stat., Sec. 131.\\nJTJ. S. Const., Art. II., Sec. 2.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0409.jp2"}, "410": {"fulltext": "200 THE GOVERNMENT OF ILLINOIS\\n15. Proceeding s of Electors The proceedings of\\nthe electors after they are chosen are regulated by act\\nof Congress, under the Constitution of the United\\nStates.\\nBy the statute the governor of each State is required\\nto furnish to each person chosen as an elector in that\\nState three copies of the certificate of election, and to\\nsend to the secretary of state of the United States a\\ncertificate containing the names of all the persons\\nchosen as electors in that State, as Avell as a statement\\nof the number of votes cast for every person for whom\\nany votes were cast at all for that office.\\nBy the Constitution f the electors are required to\\nmeet in their respective States and to vote by ballot\\nfor President and Yice-President of the United States,\\ndesignating the candidates for the two offices on dif-\\nferent ballots. It is also required that lists shall be\\nmade of the votes cast for each candidate for either\\noffice, and that these lists, duly signed and certified\\nby the electors, shall be transmitted, sealed, to the\\npresident of the United States Senate.\\nThe statute makes still more detailed provision for\\nthese transactions. The electors are to meet on the\\nsecond Monday in January succeeding their appoint-\\nment.^: They are to make three copies of the results of\\ntheir balloting. To each copy is attached a copy of\\nthe governor s certificate of the choice of the electors.\\nOne copy is sent to the president of the United States\\nSenate by mail, another is sent to him by a special\\nmessenger, and the third is deposited with the United\\nAct of Feb. 3, 1887. U. S. Const., Amdt. XII.\\nX Act of 1887, 1. U. S. Rev. Stat., 140.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0410.jp2"}, "411": {"fulltext": "ILLINOIS AND THE UNITED STATES 201\\nStates district judge in the district in which the meet-\\ning of electors is held. The law also provides for\\nsettling disputes which may arise as to the choice of\\nelectors.*\\nTHE UNITED STATES IN ILLINOIS\\nTHE FEDERAL JUDICIARY\\n10. The United States courts consist of the Supreme\\nCourt, which sits at Washington; the nine circuit\\ncourts of appeal, the nine circuit courts, and the sev-\\nenty-three district courts.\\nThe Constitution provides that there shall he one\\nSupreme Court and such inferior courts as Con\u00c2\u00a3\\nmay from time to time ordain and establish. f s tn i s\\nhowever, does not specify the details of structure of\\nthe Supreme Court, and definitely leaves the planning\\nof other courts entirely to Congress, it follows that the\\nFederal Legislature, in fact, has the 4 power to create\\nthe whole structure of the Federal courts. This lias\\nbeen done in the various judiciary acts.\\n17. Supreme Court The Supreme Jourt consists of\\nnine members one chief justice and eight associate\\njustices.:): The chief justice at present is Melville W.\\nFuller, of Illinois.\\n18. Districts and District Courts The entire\\nUnion is divided into a convenient number of districts.\\nSome districts consist of a single State. Very popu-\\nlous States, or States of very large area, are divided\\nAct of 1887. f U. S. Const., Art. III., 1.\\nJU. S. Rev. Stat, G73.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0411.jp2"}, "412": {"fulltext": "202 THE GOVERNMENT OF ILLINOIS\\ninto two or more districts.* This is the case with\\nIllinois, which comprises two Federal judicial dis-\\ntricts the northern and the southern, f In each\\ndistrict there is a United States district court, consist-\\ning (usually) of one judged He holds court in a\\nspecified place. In the northern district of Illinois\\nthis place is Chicago; in the southern district it is\\nSpringfield.\\n19. Circuit Courts The entire Union, again, is\\ndivided into nine circuits, each circuit consisting of\\nseveral States, and therefore, of course, including a\\nnumber of districts.\u00c2\u00a7 Illinois is in the seventh judi-\\ncial circuit, which includes the States of Indiana, Il-\\nlinois, and Wisconsin.\\n20. Circuit Courts and Circuit Courts of Ap-\\npeals In each circuit there are held two Federal\\ncourts the circuit court and the circuit court of ap-\\npeals. Each consists of a member of the Supreme\\nCourt and two circuit judges. In some circuits there\\nis an additional judge. In the absence of any of these,\\ndistrict judges within the circuit are called in.|| Mr.\\nChief Justice Fuller is assigned to the seventh circuit.\\n21. Circuit Courts A circuit court is held by any\\none of the above-named judges, or by any two sitting\\ntogether. It is the practice of the circuit courts,^ as\\nthe name implies, to hold sessions successively in each\\ndistrict throughout the circuit.\\n22. Jurisdiction Circuit and district courts have\\noriginal jurisdiction certain classes of cases being\\nU. S. Rev. Stat., 530, sqq. and Amendments,\\nt 53G. 55 1 U. S. Rev. Stat., G04.\\nU. S. Rev. Stat., 605-7. Act of March 3, 1891.\\n1 U. S. Rev. Stat., G08.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0412.jp2"}, "413": {"fulltext": "ILLINOIS AND THE UNITED STATES 203\\nheard first in a district court, others being heard first\\nin a circuit court.\\n2:5. Circuit Court of Appeals In each circuit there\\nis a circuit court of appeals. This consists always of\\nthree judges sitting together, two of whom form a\\nquorum. If the Supreme Court justice or either of\\nthe circuit judges is not present, then district judges\\nare called in.f A term of the circuit court of appeals\\nis held annually in each circuit at a designated place.\\nThis place in the seventh circuit is Chicago. The\\ncourt may also, from time to time, decide on a session\\nat some other place within the circuit.\\n24. Jurisdiction The jurisdiction of the circuit\\ncourt of appeals is limited to appeals from the district\\nand circuit courts within the circuit.^ From the deci-\\nsion of either a, district or circuit court appeals may he\\ntaken, according to the nature of the case, either t\\nthe circuit court of appeals or directly to the Supreme\\nCourt of the United States. Certain of these appeals\\nto the circuit court may not be further appealed to the\\nSupreme Court. Any question, however, which in-\\nvolves the constitutionality of a law, and some others.\\nmay, under any circumstances, go to the Supreme\\nCourt.\\n25. Salaries The salaries of Federal judges are not\\nlarge.\u00c2\u00a7 As the appointment is virtually for life, how-\\never, the position is a very desirable one. The district\\njudges receive $3,500-$5,000 circuit judges, $6,000;\\nassociate justices of the Supreme Court, $10,000; the\\nU. S. Rev. Stat,, 563-571 629-637.\\nf Act of 1891, 1-3. Act of 1891 4-15.\\n\u00c2\u00a7U. S. Rev. Stat., 554, 607, 676, 714.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0413.jp2"}, "414": {"fulltext": "204 THE GOVERNMENT OF ILLINOIS\\nchief justice, $10,500. At the age of seventy, any\\njudge who has been on the Federal bench for ten years\\nmay retire on full salary.\\nTHE POST-OFFICES\\n26. The postmaster general of the United States\\nhas charge of the department which carries the mails.\\nBesides his assistants and clerks at Washington, there\\nis in every city and village, and in many country dis-\\ntricts, a post-office, in charge of a postmaster and a\\ngreater or less number of assistants. In places of con-\\nsiderable population there are carriers whose duties\\nare to gather the mail from boxes which are put in\\nvarious places for the convenience of the people, and\\nto deliver mail at homes and places of business. The\\nrailway mail service includes a number of employees\\nwhose duties are to distribute mail on the cars, so that\\nthere may be no delay in delivery at its destination.\\nPost-offices are of four classes, determined by the\\namount of business which they do, and hence by the\\namount of the postmaster s salary.* Offices in which\\nthe salary is $3,000 or over are of the first class those\\nin which the salary is $2,000 to $3,000 are of the sec-\\nond class those in which the salary is $1,000 to $2,000\\nare of the third class those in which the salary is less\\nthan $1,000 are of the fourth class.\\nPostmasters of the first three classes are appointed\\nfor a term of four years by the President, by and with\\nthe advice and consent of the Senate. Such offices are,\\ntherefore, called presidential offices. Postmasters of\\nAct of July 12, 1876.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0414.jp2"}, "415": {"fulltext": "ILLINOIS AND THE UNITED STATES 205\\nthe fourth class are appointed by the postmaster-\\ngeneral.*\\nThere are in Illinois 250 presidential post-offices.\\nTen are of the first class -Bloomington, Chicago, De-\\ncatur, Elgin, Galesburg, Joliet, Peoria, Quincy, Rock-\\nford, and Springfield. There are 4:5 of the second\\nclass, and 203 of the third class.\\n27. Postal stations In large cities there are postal\\nstations in different parts of the city. Each is man-\\naged by a superintendent, under the direction o\\\\ the\\ncity postmaster. These stations are really smaller\\npost-offices, each with its service of carriers, its sale\\nof stamps, and its money-order and registered-letter\\nbusiness.\\nCUSTOMS AND REVENUE\\n28. A Port of Entry is a port situated on ocean,\\nlake, or river, to which goods may be brought from a\\nforeign country. f Sometimes such goods are landed\\nat a seaport and carried by railroad to some other port\\nof entry where they are to be delivered. Before such\\ngoods can be taken by the consignee a tax must be\\npaid to the United States. This tax is called a duty.\\nIn every port of entry there is an office where such\\nduties are collected. The Federal officer in charge is\\nthe collector of customs. There are also various other\\nofficers and employees connected with a custom-house.\\nAll these are officers of the United States Treasury De-\\npartment. In Illinois the only port of entry is Chi-\\ncago, but Cairo, Rock Island, Peoria, and Galena are\\nknown as ports of delivery, and are permitted to re-\\nU. S. Rev. Stat,, 3830. f U. S. Rev. Stat., 2767.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0415.jp2"}, "416": {"fulltext": "206 THE GOVERNMENT OF ILLINOIS\\nceive imported goods which have been duly entered\\nand appraised in a port of entry.\\nIt is illegal to bring foreign goods into the country\\nexcept at some port of entry.\\n29. Internal Revenue Collectors A large part of\\nthe United States taxes are collected at the custom-\\nhouses. However, there are also other taxes collected\\nwithin the country. These taxes are called the internal\\nn venue* They are gathered from manufacturers of\\ntobacco, spirituous liquors, and various other articles.\\nIn time of war the internal revenue taxes are greatly\\nincreased, being laid on a much greater number of\\nthings. These taxes are usually paid by buying stamps.\\nThe officer who has charge of the collection is called\\na collector of internal revenue. There is one for each\\nof the 126 districts in the United States. Illinois has\\neight collection districts, and hence eight collectors.\\n30. Assistant Treasurer There is also at Chicago\\na branch of the United States treasury, in charge of\\nan assistant treasurer. He receives funds from various\\nsources for the treasury.\\nUNITED STATES ARMY AND NAVY\\n31. Scattered throughout the United States there\\nare various forts and posts at which are stationed por-\\ntion s o f the United States regular army. Some of these\\nforts arc strongly fortified, with heavy cannon, so as to\\nrepel invasion. Such is the case at the entrance to the\\nharbor of New York. Other posts are arranged merely\\nfor the convenience of keeping troops. This is the\\ncase al Fort Sheridan, near Chicago.\\nU. S. Rev. Stat, \u00c2\u00a73141, note.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0416.jp2"}, "417": {"fulltext": "ILLINOIS AND THE UNITED STA TE8 207\\nThe Constitution gives to Congress exclusive juris-\\ndiction over all places purchased by the consent oi\\nthe Legislature of the State in which the same shall be,\\nfor the erection of forts, magazines, arsenals, (lock-\\nyards, and other needful buildings. Such military\\nreservations in Illinois are two Fort Sheridan, on the\\nshore of Lake Michigan, north of Chicago, and the\\narsenal at Rock Island.\\nThe exclusive; jurisdiction of Congress means that\\nthe only laws which are in force are 1 hose of the United\\nStates. In giving consent to such arrangements, how-\\never, State Legislatures often make it a condition thai\\nthe processes of State courts may still be executed\\nwithin the reservation. That has been done by Illinois\\nwith reference both to Fort Sheridan and to Rock\\nisland. Aside from this, these reservations are as much\\napart from State law as is the District of Columbia.\\n32. Navy on the Lakes The vessels of the United\\nStates navy are seldom seen on the great lakes. By a\\ntreaty made with Great Britain in L817, it was agreed\\nthat each of the two nations should keep on the upper\\nlakes i.e., Erie, Huron, Michigan, and Superior\u00e2\u0080\u0094 not\\nmore than two small vessels in all. Occasionally one\\nof these craft appears at Chicago. There is Little like-\\nlihood that the United States will ever he involved in\\na naval Avar on the great lakes.\\nILLINOIS IN FEDERAL OFFICE\\n33. Illinois has furnished the United States its full\\nshare of officers who have done distinguished service\\nto the republic.\\n*U. S. Const., Art. I., Sec. 8, 8 IT.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0417.jp2"}, "418": {"fulltext": "208 THE GOVERNMENT OF ILLINOIS\\nAbraham Lincoln was President of the United States\\nfrom March 4, 1861, until his death, April 15, 1865.\\nHe was elected for a second term.\\nUlysses S. Grant was general in command of the\\narmies of the United States, having won this rank by\\nhis great military successes during the Civil War. He\\nwas President of the United States from 1869 to 1877.\\nElihu B. AVashburne did especially valuable service\\nas Minister of the United States to France during the\\ncritical period of the wars of 1870-71.\\nMelville W. Fuller is now chief justice of the Su-\\npreme Court of the United States.\\nThe names of many others, living and dead, who\\nhave honored Illinois in the national service, might\\neasily be added.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0418.jp2"}, "419": {"fulltext": "APPENDIX\\nI. CONSTITUTION OF THE STATE OF ILLINOIS\\nAdopted in Convention at Springfield, May 13, A. I). 1870\\nRatified by (lie People July 2, 1870; in force Augusl 8, 1870\\nPREAMBLE\\nAVc, the people of the State of Illinois grateful to Almighty God for\\nthe civil, political, and religious Liberty which He hath so long permitted\\nus to enjoy, and looking to Him for a blessing upon our endeavors to se-\\ncure and transmit tin- same unimpaired to succeeding generations\u00e2\u0080\u0094 in\\norder to form a more perfect government, establish justice, insure\\ndomestic tranquillity, provide for the common defence, promote the gen-\\noral welfare, and secure the blessings of liberty to ourselves and our\\nposterity, do ordain and establish this constitution for the State of\\nIllinois.\\nARTICLE I\\nBOUNDARIES\\nThe boundaries and jurisdiction of the State shall be as follows, to-\\nwil Begiuning at the mouth of Wabash River thence up the same, and\\nwith the line of Indiana, to the northwest corner of said State thence\\neast, with the line of the same State, to the middle of Lake Michigan\\nthence north along the middle of said lake, to north latitude forty-two\\ndegrees and thirty minutes thence west to the middle of the Mississippi\\nRiver, and thence down along the middle of that river to its confiuenjija.\\nwith the Ohio River, and thence up the latter river along its north westerrr^\\nshore, to the place beginning: Provided, that this State shall exercise\\nsuch jurisdiction upon the Ohio River, as she is now entitled to, or such\\nas may hereafter be agreed upon by this State and the State of Kentucky.\\n14", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0419.jp2"}, "420": {"fulltext": "210 THE GOVERNMENT OF ILLINOIS\\nARTICLE II\\nBILL OF RIGHTS\\n1. All men arc by nature free and independent, and have certain\\ninherent and inalienable rights among these are life, liberty, and the\\npursuit of happiness. To secure these rights and the protection of\\nproperty, governments are instituted among men, deriving their just\\npowers from the consent of the governed.\\n2. No person shall be deprived of life, liberty, or property, without\\ndue process of law.\\n3. The free exercise and enjoyment of religious profession and\\nworship, without discrimination, shall forever be guaranteed and no\\nperson shall be denied any civil or political right, privilege, or capacity\\non account of his religious opinions but the liberty of conscience hereby\\nsecured shall not be construed to dispense with oaths or affirmations, ex-\\ncuse acts of licentiousness, or justify practices inconsistent with the\\npeace or safety of the State. No person shall be required to attend or\\nsupport any ministry or place of worship against his consent, nor shall\\nany preference be given by law to any religious denomination or mode of\\nworship.\\n4. Every person may freely speak, write, and publish on all sub-\\njects, being responsible for the abuse of that liberty and in all trials for\\nlibel, both civil and criminal, the truth, when published with good\\nmotives and for justifiable ends, shall be a sufficient defence.\\n5. The right of trial by jury as heretofore enjoyed, shall remain\\ninviolate but the trial of civil cases before justices of the peace, by a\\njury of less than twelve men, may be authorized by law.\\n0. The right of the people to be secure in their persons, houses,\\npapers, and effects, against unreasonable searches and seizures, shall not\\nbe violated and no warrant shall issue without probable cause, sup-\\nported by affidavit, particularly describing the place to be searched, and\\nI Ik; persons and things to be seized.\\n7. All persons shall be bailable by sufficient sureties, except for\\ncapita] offences, where the proof is evident or the presumption great; and\\nthe privilege of the writ of habeas corpus shall not be suspended, unle;\\nwhen in cases of rebellion or invasion the public safety may require it\\n8. No person shall be held to answer for a criminal offence, unless\\non indictment of a grand jury, except in cases in which the punishment\\nis by fine, or imprisonment otherwise than in the penitentiary, in cases of\\nJppeachmcnt, and in cases arising in the army and navy, or in the militia\\nwhen in actual service; in time of war or public danger: Provided, that\\nthe grand jury may be abolished by law in all cases.\\n8 In all criminal prosecutions, the accused shall have the right\\nto appear and defend in person and by counsel to demand the nature", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0420.jp2"}, "421": {"fulltext": "CO NSTITUTION 2 1 1\\n;hk1 cause of the accusation, and to have a copy thereof to meet the wit-\\nnesses face to face, and io have process to compel the at tendance of wit-\\nnesses in his behalf, and a speedy public trial by an impartial jury of the\\ncounty ordistricl in which the offence i~ alleged to have been committed.\\n10. Xo pet-son shall he compelled in any criminal case to give\\nevidence against himself, or be twice put in jeopardy for the same\\noffence.\\n11. All penalties shall be proportioned to the nature of the of-\\nfence; and no convict ion shall work corruption or forfeiture of estate;\\nnor shall any person be transported out of the State for any offence com-\\nmitted within the same.\\n8 12. No person shall be imprisoned for debt, unless upon refusal\\nto deliver up his esfate for the benefit of his creditors, in such manner\\nas shall be prescribed by law or in cases where there i- Strong presump-\\ntion of fraud.\\n13. Private property shall not be taken or damaged for public\\nuse without just compensation. Such compensation, when not made by\\nthe State, shall be ascertained by a jury, as shall be prescribed by law.\\nThe fee of land taken for railroad tracks, without consent of the owners\\nthereof, shall remain in sueh owners, subject to the use for which it is\\ntaken.\\n14. No ex post f t t law, or law impairing the obligation of con-\\ntracts, or making any irrevocable grant of special privileges or immu-\\nnities shall be passed.\\nS b The military shall be in strict subordination to the civil power.\\n10. No soldier shall, in time of peace, be quartered in any house\\nwithout the consent of the owner nor in time of warezcepl in the man-\\nner prescribed by law.\\n17. The people have the right to assemble in a peaceable manner\\nto consult for the common good, to make known their opinions to their\\nrepresentatives, and to apply for redress of grievances.\\n18. All elections shall be free and equal.\\n19. Every person ought to find a certain remedy in the laws for all\\ninjuries and wrongs which be may receive in his person, property, or\\nreptitation he ought to obtain, by law, right and justice freely and with-\\nout being obliged to purchase it, completely and without denial, promptly\\nand without delay.\\n20. A frequent recurrence to the fundamental principles of civil\\ngovernment is absolutely necessary to preserve the blessings of liberty.\\nARTICLE III\\nDISTRIBUTION OF POWERS\\nThe powers of the government of this State are divided into three\\ndistinct departments the Legislative. Executive, and Judicial; and no", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0421.jp2"}, "422": {"fulltext": "212 THE GOVERNMENT OF ILLINOIS\\nperson, or collection of persons, being one of these departments, shall\\nexercise any power properly belonging to either of the others, except as\\nhereinafter expressly directed or permitted.\\nARTICLE IV\\nLEGISLATIVE DEPARTMENT\\n1. The legislative power shall be vested in a General Assembly,\\nwhich shall consist of a Senate and House of Representatives, both to be\\nelected by the people.\\nELECTION\\n8 2. An election for members of the General Assembly shall be held\\non the Tuesday next after the first Monday in November, in the year of\\nour Lord one thousand eight hundred and seventy, and every two years\\nthereafter, in each county, at such places therein as may be provided by\\nlaw. When vacancies occur in either house, the governor, or person\\nexercising the powers of governor, shall issue writs of election to fill\\nsuch vacancy.\\nELIGIBILITY AND OATH\\n3. No person shall be a senator who shall not have attained the\\nage of twenty-five years, or a representative who shall not have attained\\nthe age of twenty-one years. No person shall be a senator or representa-\\ntive who shall not be a citizen of the United States, and who shall not\\nhave been for five years a resident of this State, and for two years next\\npreceding his election a resident within the territory forming the district\\nfrom which he is elected. No judge or clerk of any court, secretary of\\nslate, attorney-general, state s attorney, recorder, sheriff, or collector of\\npublic revenue, member -of either house of Congress, or person holding\\nany lucrative office under the United States or this State, or any foreign\\ngovernment, shall have a seat in the General Assembly: Provided, that\\nappointments in the militia, and the offices of notary public and justice\\nof the peace, shall not he considered lucrative. Nor shall any person\\nholding any office of honor or profit under any foreign government, or\\nunder the government of the United States (except postmasters whose\\nannual compensation does not exceed the sum of three hundred dollars),\\nhold any office of honor or profit under the authority of this State.\\n8 4. No person who lias been, or hereafter shall be convicted of\\nbribery, perjury, or oilier infamous crime, nor any person who has been\\nor may he a collector or holder of public moneys, who shall not have\\naccounted for and paid over, according to law, all such moneys due from\\nhim, shall be eligible to the General Assembly, or to any office of profit\\nor trust in this State.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0422.jp2"}, "423": {"fulltext": "CONSTITUTION 2 1 3\\n5. Members of the General Assembly, before they enter upon their\\nofficial duties, shall take and subscribe the following oath or affirmation\\nl do solemnly swear (or affirm) that I will support the Constitution of the\\nUnited States and the Constitution of the statu of Illinois, and will faithfully dis-\\ncharge the duties of senator (or representative) according to the besl of my ability\\nand that I have not knowingly or intentionally, paid or contributed anything, or\\nmade any promise in the nature of a bribe, to directly or indirectly influence any\\nvote at the election at which I was chosen to till the said office, and have not\\naccepted, nor will r accept or receive, directly or Indirectly, any money or other\\nvaluable thing, from any corporation, company, or person, for any vote or influ-\\nence I may give or withhold on any bill, resolution, or appropriation, or for any\\nother official act.\\nThis oath shall be administered by a Judge of the supreme or circuit\\ncourt in the hall of the house to which the member is elected, and the\\nsecretary of state .shall record and file the oat li subscribed by each mem-\\nber. Any member who shall refuse to take the oath herein prescribed\\nshall forfeit his office, and every member who shall be convicted of hav-\\ning sworn falsely to, or of violating his said oath, shall forfeit his office\\nand be disqualified thereafter from holding any office of profit or trust\\nin this State.\\nAPPORTIONMENT SENATORIAL\\n8 6. The General Assembly shall apportion the State every ten years,\\nbeginning with the year one thousand eight hundred and seventy-one, by\\ndividing the population of the state, as ascertained i t lie Federal census,\\nby the number fifty-one, and the quotient shall be the rat i of representa-\\ntion in the senate. The State shall he divided into lift y-one senatorial\\ndistricts, each of which shall elect one senator, whose term of office shall\\nbe four years. The senators elected ill the year of our Lord one thou-\\nsand eight hundred and seventy-two. in districts bearing odd numbers,\\nshall vacate their offices at the end of two years, and those elected in dis-\\ntricts bearing even numbers, at the end of four years: and vacancies\\noccurring by the expiration of term shall he tilled by the election of sen-\\nators for the full term. Senatorial districts shall be formed of contigu-\\nous and compact territory, hounded by county lines, and contain as\\nnearly as practicable an equal number of inhabitants; but no district\\nshall contain less than four-fifths of the senatorial ratio. Counties con-\\ntaining not less than the ratio and three fourths, may he divided into\\nseparate districts, and shall be entitled To two senators, and to one addi-\\ntional senator for each number of inhabitants equal to the ratio contained\\nby such counties in excess of twice the number of said ratio.\\nNote. -By the adoption of minority representation. 7 and S of this, article\\ncease to be a part of the Constitution. Under 12 of the schedule, and the vote of\\nadoption, the following sections, relating to minority representation, are substituted\\nfor said sections:", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0423.jp2"}, "424": {"fulltext": "214 THE GOVERNMENT OF ILLINOIS\\nMINORITY REPRESENTATION\\nSS 7 and 8. The House of Representatives shall consist of three\\ntimes the number of the members of the Senate, and the term of office\\nshall he two years. Three representatives shall he elected in each sena-\\ntorial district at the general election in the year of our Lord one thousand\\neight hundred and seventy-two, and every two years thereafter. In all\\nelections of representatives aforesaid, each qualified voter may cast as\\nmany votes for one candidate as there are representatives to he elected,\\nor may distribute the same, or equal parts thereof, among the candidates,\\nas he shall see fit and the candidates highest in votes shall he declared\\nelected.\\nTIME OF MEETING AND GENERAL RULES\\n9. The sessions of the General Assembly shall commence at twelve\\no clock noon, on the Wednesday next after the first Monday in January,\\nin the year next ensuing the election of members thereof, and at no other\\ntime, unless as provided by this Constitution. A majority of the mem-\\nbers elected to each house shall constitute a quorum. Each house shall\\ndetermine the rules of its proceedings, and he the judge of the election,\\nreturns, and qualifications of its members shall choose its own officers\\nand the Senate shall choose a temporary president to preside when the\\nlieutenant-governor shall not attend as president, or shall act as governor.\\nThe secretary of State shall call the House of Representatives to order\\nat the opening of each new assembly, and preside over it until a tem-\\nporary presiding officer thereof shall have been chosen and shall have\\ntaken his seat. No member shall he expelled by either house, except by\\na vote of two-thirds of all the members elected to that house, and no\\nmember shall be twice expelled for the same offence. Each house may\\npunish by imprisonment any person, not a member, who shall be guilty\\ndisrespect to the house by disorderly or contemptuous behavior in its\\npresence. But no such imprisonment shall extend beyond twenty-four\\nhours at one time, unless the person shall persist in such disorderly or\\ncontemptuous behavior.\\nS 1 0. The door of each house and of committees of the whole shall\\nbe kept open, except in such cases as, in the opinion of the house,\\nrequire secrecy. Neither house shall, without the consent of the other,\\nadjourn for more than two days, or to any other place than that in\\nwhich the two houses shall be sitting. Each house shall keep a journal\\nof its proceedings, which shall be published. In the Senate, at the\\nrequest of two members, and in the house, at the request of five mem-\\nbers, the yeas and nays shall be taken on any question, and entered\\nupon the journal. Any two members of either house shall have liberty\\nto dissent from and protest, in respectful language, against any act or\\nresolution which they think injurious to the public or to any individual,\\nand have the reasons of their dissent entered upon the journals.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0424.jp2"}, "425": {"fulltext": "CONSTITUTION 215\\nSTYLE OF LAWS LWD PASSAGE 01 BILLS\\n8 11. The style of the laws of ibis state shall be: lii it enacted\\nby the Peoph of tht State of Illinois, represented in tht General As-\\nsembly.\\n{2. Bills may original c in either house, but may be altered,\\namended, or rejected by the other; and (in the final passage of all bills,\\nthe vote shall be by yeas and nays, upon each bill separately, and -hall\\nbe entered upon the journal and no bill shall become a law without the\\nconcurrence of a majority of the member- elected to each house.\\n8 13. Every bill shall be read at Large on three different days, in each\\nhouse; and the bill and ail amendment s t hereto -hall be printed before\\nthe vote is taken on its tinal passage and every bill, having passed both\\nhouses, shall be signed by the speakers thereof No act hereafter passed\\nshall embrace more than one subject, and that shall be expressed in the\\ntitle. Bui it any subject shall be embraced in an act which shall nol be\\nexpressed in the title, sneh act shall be void only a- to SO much thereof\\nas shall not be so expressed and no law shall be revived or amended by\\nreference to its title only, but the law revived, or the section amended,\\nshall be Inserted at length in the new act. And no act of the General\\nAssembly shall take effect until the fir-t day of July next after it- pass-\\nage, vnhss, in case of emergency iwhich emergency shall be ex]\\nin the preamble or body of the act) the General Assembly shall, by a\\nvote ot u wo- thirds of all the members elected to each house, otherwise\\ndirect.\\nPRIVILEGES AMi DISABILITIES\\n8 14. Senators and representatives shall, in all cases, exoepi treason.\\nfelony, or breach of the peace, be privileged from arrest during the session\\nof the General Assembly, and in going to and returning from the same\\nand for any speech or debate in either house, they shall not be questioned\\nin any other place.\\nB 1 Xo person elected to the General Assembly shall receive any\\ncivil appointment within this State from the governor, the governor and\\nsenate, or from the General Assembly, during the term for which he\\nshall have been elected and all such appointments, and all votes given\\nfor any such members for any such office or appointment, shall be\\nvoid; nor shall any member of the General Assembly be interested,\\neither directly or indirectly, in any contract with the State, or any count y\\nthereof, authorized by any law passed during the term for which he shall\\nhave been elected, or within one year after the expiration thereof.\\nPUBLIC MONEYS AND APPROPRIATIONS\\n8 16. The General Assembly shall make no appropriation of money\\nout of the treasury in any private law. Bills making appropriations for", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0425.jp2"}, "426": {"fulltext": "216 THE GOVERNMENT OF ILLINOIS\\nthe pay of members and officers of the General Assembly, and for the\\nsalaries of the officers of the government, shall contain no provision on\\nany other subject.\\nS 17. No money shall be drawn from the treasury except in pursu-\\nance of an appropriation made by law, and on the presentation of a\\nwarrant issued by the auditor thereon and no money shall be diverted\\nfrom any appropriation made for any purpose, or taken from any fund\\nwhatever, either by joint or separate resolution. The aiiditor shall, within\\nsixty days after the adjournment of each session of the General Assembly,\\nprepare and publish a full statement of all money expended at such ses-\\nsion, specifying the amount of each item, and to whom and for what paid.\\n18. Each Genei al Assembly shall provide for all the appropriations\\nnecessary for the ordinary and contingent expenses of the government\\nuntil the expiration of the first fiscal quarter after the adjournment of\\nthe next regular session, the aggregate amount of which shall not be\\nincreased without a vote of two-thirds of the members elected to each\\nhouse, nor exceed the amount of revenue authorized by law to be raised\\nin such time and all appropriations, general or special, requiring money\\nto be paid out of the State treasury, from funds belonging to the State,\\nshall end with such fiscal quarter. Provided, the State may, to meet\\ncasual deficits or failures in revenues, contract debts, never to exceed in\\nthe aggregate two hundred and fifty thousand dollars and moneys thus\\nborrowed shall be applied to the purpose for which they were obtained,\\nor to pay the debt thus created, and to no other purpose and no other\\ndebt, except for the purpose of repelling invasion, suppressing insurrec-\\ntion, or defending the State in war (for payment of which the faith of\\nthe State shall be pledged), shall be contracted, unless the law autho-\\nrizing the same shall, at a general election, have been submitted to the\\npeople and have received a majority of the votes cast for members of the\\nGeneral Assembly at such election. The General Assembly shall provide\\nfor the publication of said law for three months, at least, before the vote\\nof the people shall be taken upon the same and provision shall be made,\\nat I lie time, for the payment of the interest annually, as it shall accrue,\\nby a tax levied for the purpose, or from other sources of revenue; which\\nlaw, providing for the payment of such interest by such tax, shall be\\nirrepealable until such debt be paid. And, provided further, that the\\nlaw levying the tax shall be submitted to the people with the law autho-\\nrizing the debt to be contracted.\\nB 19. The General Assembly shall never grant or authorize extra\\ncompensation, fee, or allowance to any public officer, agent, servant, or\\ncontractor, after service has been rendered on a contract made, nor\\nauthorize the payment of any claim, or part thereof, hereafter created\\nagainsl the State under any agreement or contract made without express\\nauthority of law; and all such unauthorized agreements or contracts\\nshall be null and void. Provided, the General Assembly may make", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0426.jp2"}, "427": {"fulltext": "CONSTITUTION 217\\nappropriations for expenditures incurred in suppressing Insurrection or\\nrepelling invasion.\\nB 20. The state shall never pay, assume, or become responsible for\\nthe debts or liabilities of or in any manner give, loan, or extend its\\ncredit to, or in aid of, any public or other corporation, association, or\\nindividual.\\npay of MEMBERS\\n8 21. The members of the General Assembly shall receive for their\\nservices the stun of five dollars per day, during the first session held\\nunder this constitution, and ten cents for each mile necessarily traveled\\nin going to, and ret arning from, the seal of government, to be computed\\nby the auditor of public accounts; and thereafter sucb compensation as\\nshall be prescribed bj law, and no other allowance or emolument, directly\\nor indirectly, for any purpose whatever, except th Bum of fifty dollars\\nper session to each member, whi b shall be in full for postage, stationery,\\nnewspapers, and all other incidental expenses and perquisites; but no\\nchange shall be made in the compensation of the General Assembly dur-\\ning (he term for which they may have been elected. Tin- pay and\\nmileage allowed to each member of the General Assembly shall be certi-\\nfied by the speakers of their respective houses, and entered on the jour-\\nnals, and published at the (dose of each Session.\\nsim.i I \\\\l, LEGISLATION PROHIBITED\\nS :l:l. The General Assembly shall not pass local or special laws in\\nany of the following enumerated cases, that Is to say, for\\nGranting divorces\\nChanging the names of persons or places\\nLaying out, opening, altering, and working road- or highways;\\nVacating roads, town plats, streets, alleys, and public grounds;\\nLocating or changing county seat\\nRegulating county and township a (lairs;\\nRegulating the practice in courts of justice\\nRegulating the jurisdiction and duties of justices of the peace, police\\nmagistrates, and constables\\nProviding for changes of venue in civil and criminal cases\\nIncorporating cities, towns, or villages, or changing or amending the\\ncharter of any town, city, or village\\nProviding for the election of members of the Board of Supervisors in\\ntownships, incorporated towns, or cities;\\nSummoning and impaneling grand or petit juries;\\nProviding for the management of common schools\\nRegulating the rate of interest on money\\nThe opening and conducting of an election, or designating the place\\nof voting", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0427.jp2"}, "428": {"fulltext": "218 THE GOVERNMENT OF ILLINOIS\\nThe sale or mortgage of real estate belonging to minors or others\\nunder disability\\nThe protection of game or fish\\nChartering or licensing ferries of toll bridges\\nRemitting fines, penalties, or forfeitures\\nCreating, .increasing, or decreasing fees, percentages, or allowances of\\npublic officers, during the term for which said officers are elected or\\nappointed\\nChanging the law of descent\\nGranting to any corporation, association, or individual the right to lay\\ndown railroad tracks, or amending existing charters for such purpose.\\nGranting to .any corporation, association, or individual any special or\\nexclusive privilege, immunity, or franchise whatever.\\nIn all other cases where a general law can be made applicable, no\\nspecial law shall be enacted.\\n23. The General Assembly shall have no power to release or ex-\\ntinguish, in whole or in part, the indebtedness, liability, or obligation of\\nany corporation or individual to this State or to any municipal corpora-\\ntion therein.\\nIMPEACHMENT\\n24. The House of Representatives shall have the sole power of im-\\npeachment but a majority of all the members elected must concur\\ntherein. All impeachments shall be tried by the Senate and when sit-\\nting for that purpose, the senators shall be upon oath or affirmation, to\\ndo justice according to law and evidence. When the governor of the\\nState is tried, the chief justice shall preside. No person shall be con-\\nvicted without the concurrence of two-thirds of the senators elected.\\nBut judgment, in such cases, shall not extend f urther than removal from\\noffice, and disqualification to hold any office of honor, profit, or trust\\nunder the government of this State. The party, whether convicted or\\nacquitted, shall, nevertheless, be liable to prosecution, trial, judgment,\\nand punishment according to law.\\nMISCELLANEOUS\\n25. The General Assembly shall provide, bylaw, that the fuel, sta-\\ntionery, and printing paper furnished for the use of the State the copy-\\ning, printing, binding, and distributing the laws and journals, and all\\nt lici printing ordered by the General Assembly, shall be let by contract\\nto tin- lowest responsible bidder; but the General Assembly shall fix a\\nmaximum price; and no member thereof or other officer of the State,\\nshall be interested, directly or indirectly, in such contract. But all such\\ncontracts shall be subject to the approval of the governor, and if he dis-\\napproves the same, there shall be a re-letting of the contract, in such\\nmanner as shall be prescribed by law.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0428.jp2"}, "429": {"fulltext": "CONSTITUTION 210\\n8 2fi. The State of Illinois shall never be made defendant In any\\ncourt of Law or equity.\\n27. The General Assembly shall nave no power to authorize lot-\\nteries or gif! enterprises, for any purpose, and shall pass laws to prohibit\\nthe sale of Lottery or gifl enterprise I Lckets in this Stat\\nS 38. No Law shall be passed which shall operate to extend the term\\nof any public officer after his election or appointment.\\n29. it Bhal] lie the duty of the General Assembly to pass such\\nlaws as may be necessary for the protection of operative miners, by pro-\\nviding for ventilation, when the same may be required, and the con-\\nstruction of escapement Bhaf ts, or such other appliances a- may secure\\nsafety in all coal mines, to provide for the enforcement of said law- by\\nsuch penalties and punishments as may he deemed proper.\\n\u00c2\u00a730. The General Assembly may provide for establishing and open-\\ning roads and cartways, connected with a public road, for private and\\npublic use.\\n31.* The General Assembly may pass law- permitting the owners\\nof land to construct drains, ditches, and Leve for agricultural, sanitary,\\nor mining purposes, across the lands of others, and provide for the organ-\\nization of drainage districts, and vest the corporate authorities thereof\\nwith power to construct and maintain levee-, drain-, and ditche-. and to\\nkeep in repair all drains, ditches, and Levees heretofore constructed under\\nthe laws of this State, by special assessments upon the property bene-\\nfited thereby.\\nS The General Assembly shall pass liberal homestead and ex-\\nemption laws.\\n33. The General Assembly -hall not appropriate out of the State\\ntreasury, or expend on account of the newcapitol grounds, and construc-\\ntion, completion, and furnishing of the Statehouse, a sum exceeding, in\\nthe aggregate, three and a half millions of dollars. Inclusive of all appro-\\npriations heretofore made, without first submitting the proposition for\\nan additional expenditure to the legal voters of the State, at a general\\nelection nor unless a majority of all votes cast at such election shall be\\nfor the proposed additional expenditure.\\nARTICLE V\\nEXECUTIVE DEPARTMENT\\n1. The executive department shall consist of a governor, lieutenant-\\ngovernor, secretary of state, auditor of public accounts, treasurer,\\nsuperintendent of public instruction, and attorney-general, who shall\\neach, with the exception of treasurer, hold his office for the term of four\\nAs amended iu 1878.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0429.jp2"}, "430": {"fulltext": "220 THE GOVERNMENT OF ILLINOIS\\nyears from the second Monday of January next after his election, and\\nuntil his successor is elected and qualified. They shall, except the\\nLieutenant-governor, reside at the seat of government during the term of\\noffice, and keep the public records, books, and papers there, and shall\\nperform such duties as may be prescribed by law.\\n2. The treasurer shall hold his office for the term of two years, and\\nuntil his successor is elected and qualified and shall be ineligible to\\nsaid office for 1 wo years next after the end of the term for which he was\\nelected. He may be required by the governor to give reasonable addi-\\ntional security, and in default of so doing his office shall be deemed\\nvacant.\\n3. An election for governor, lieutenant-governor, secretary of\\nstate, auditor of public accounts, and attorney-general, shall be held on\\nthe Tuesday next after the first Monday of November, in the year of our\\nLord one thousand eight hundred and seventy-two, and every four years\\nthereafter for superintendent of public instruction, on the Tuesday next\\nafter the first Monday of November, in the year one thousand eight hun-\\ndred and seventy, and every four years thereafter; and for treasurer, on\\nthe day last above mentioned, and every two years thereafter, at such\\nplaces and in such manner as may be prescribed by law.\\n4. The returns of every election for the above-named officers shall\\nbe sealed up and transmitted, by the returning officers, to the secretary\\nof slate, directed to The Speaker of the House of Representatives, who\\nshall, immediately after the organization of the house, and before pro-\\nceeding to other business, open and publish the same in the presence of a\\nmajority of each house of the General Assembly, who shall for that pur-\\npose assemble in the hall of the House of Representatives. The person\\nhaving the highest number of votes for either of said offices, shall be de-\\nclared duly elected but if two or more have an equal, and the highest\\nnumber of votes, the General Assembly shall, by joint ballot, choose one\\nof such persons for said office. Contested elections for all of said offices\\nshall be determined by both houses of the General Assembly, by joint\\nballot, in such manner as may be prescribed by law.\\nELIGIBILITY\\n8 5. No person shall he eligible to the office of governor, or lieuten-\\nant-governor, who shall not have attained the age of thirty years, and\\nbeen for live years next preceding Ids elect ion a citizen of the United\\nStates and of this State. Neither the governor, lieutenant-governor,\\nauditor of public accounts, secretary of slate, superintendent of public\\nInstruction, nor attorney-general shall he eligible to any other office\\nduring the period for which he shall have been elected.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0430.jp2"}, "431": {"fulltext": "CONSTITUTION 22l\\nGOVERNOR\\nS 6. The supreme executive power shall be vested in the governor,\\nwho slwill lake care that the laws he faithfully executed.\\ns 7. The governor shall, at the commencement of each session, and\\nat the close of his term of office, give to the General Assembly informa-\\ntion, by message, of the condition of the state, and -hall recommend\\nBuch measures as he shall deem expedient. Be shall account to the\\nGeneral Assembly, and accompany hi message with a statemenl f all\\nmoneys received and paid out by him from any funds Bubject to Ids\\norder, with vouchers, and, at the commencement of each regular session,\\npresent estimates of the amount of money required tn be raised by tax-\\nation for all purposes.\\nS h. The governor may, on extraordinary occasions, convene the Gen-\\neral Assembly, by proclamation, Btating therein the purpose tor which\\nthey are convened and the General Assembly shall enter upon do busi-\\nness except that for which they were called together.\\n8 In ease of a disagreement between the two houses with respect\\nto the time of adjournment, the governor may, on the same being cer-\\ntified to him by the house first moving the adjournment, adjourn the\\nGeneral Assembly to Buch time as he thinks proper, not beyond the Ural\\nday of the next regular session.\\n10. The governor shall nominate and, by and with the advice and\\nconsent of the Senate (a majorit y of all t he senators elected concurring\\nhy yeas and nays) appoint all officers whose offices are established by\\nthis Constitution, or which may he created by law, and whose appoint-\\nment or election is not otherwise provided for and no such officer shall\\nlie appointed or elected i y the General Assembly.\\n11. In case of vacancy, during the recess of the Senate, In any\\nOffice which is not elective, the governor shall make a temporary appoint-\\nment until the next meeting Of the Senate, when he shall nominate some\\nperson to fill such office; and any person so nominated, who i con-\\nfirmed by the Senate (a majority of all the senators elected concurring\\nhy yeas and nays), shall hold his office during the remainder of the term,\\nand until his successor shall he appointed and qualified. No person,\\nafter being rejected by the Senate, shall be again nominated for the\\nsame office at the same session, unless at the request of the Senate,\\nor he appointed to the same office during the recess of the General\\nAssemhly.\\n12. The governor shall have power to remove any officer whom he\\nmay appoint, in case of incompetency, neglect of duty, or malfeasance in\\noffice and he may declare his office vacant and till the same as is herein\\nprovided in other cases of vacancy,\\n\u00c2\u00a713. The governor shall have power to grant reprieves, commu-\\ntations, and pardons, after conviction, for all offences, subject to such", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0431.jp2"}, "432": {"fulltext": "222 THE GOVERNMENT OF ILLINOIS\\nregulations as may be provided by law relative to the manner of apply-\\ning therefor.\\n14. The governor shall be commander-in-chief of the military and\\nnaval forces of the State (except when they shall be called into the ser-\\nvice of the United States) and may call out the same to execute the\\nlaws, suppress insurrection, and repel invasion.\\n15. The governor, and all civil officers of this State, shall be liable\\nto impeachment for any misdemeanor in office.\\nVETO\\n16. Every bill passed by the General Assembly shall, before it be-\\ncomes a law, be presented to the governor.\\nIf he approve, he shall sign it, and thereupon it shall become a law\\nbut if he do not approve, he shall return it, with his objections, to the\\nhouse in which it shall have originated, which house shall enter the ob-\\njections at large upon its journal, and proceed to reconsider the bill. If,\\nthen, two-thirds of the members elected agree to pass the same, it shall\\nbe sent, together with the objections, to the other house, by which it\\nshall likewise be reconsidered and if approved by two-thirds of the\\nmembers elected to that house, it shall become a law, notwithstanding\\nthe objections of the governor. But in all such cases, the vote of each\\nhouse shall be determined by yeas and nays, to be entered on the journal.*\\nBills making appropriations of money out of the treasury shall spe-\\ncify the objects and purposes for which the same are made, and appro-\\npriate to them respectively their several amounts in distinct items and\\nsections, and if the governor shall not approve any one or more of the\\nitems or sections contained in any bill, but shall approve the residue\\nthereof, it shall become a law as to the residue in like manner as if he\\nhad signed it.\\nThe governor shall then return the bill, with his objections to the\\nitems or sections of the same not approved by him, to the house in which\\nthe bill shall have originated, which house shall enter the objections at\\nlarge upon its journal, and proceed to reconsider so much of the said bill\\nas is not approved by the governor.\\nThe same proceedings shall be had in both houses in reconsidering\\nt lie same as is hereinbefore provided in case of an entire bill returned by\\nthe governor with his objections and if any item or section of said bill\\nnot approved by the governor shall be passed by two-thirds of the mem-\\nbers elected to each of the two houses of the General Assembly, it shall\\nbecome part of said law, notwithstanding the objections of the governor.\\nAny bill which shall not be returned by the governor within ten days\\n(Sundays excepted) after it shall have been presented to him, shall be-\\ncome a law in like manner as if he had signed it unless the General\\nAmendment of 1884.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0432.jp2"}, "433": {"fulltext": "CONSTITUTION 223\\nAssembly shall, by their adjournment, prevent its return in which case\\nit shall be filed, with his object Ions, in the office of the secretary of state,\\nwithin ten days after such adjournment, or become a law.\\nLIEUTENANT-GOVERNOR\\n17. In case of the death, conviction, or impeachment, failure to\\nqualify, resignation, absence from the State, or other disability of the\\ngovernor, the powers, duties, and emoluments of the office for the residue\\nof the term, or until the disability Bhall be removed, shall devolve upon\\nthe lieutenant-governor.\\n18. The lieutenant-governor shall be president of the Senate, and\\nshall vote only when the Senate is equally divided. The Senate shall\\nchoose a president, pro tempore, to preside In case of the absence or\\nImpeachment of t he Lieutenant-governor, or when be shall hold the office\\nof governor.\\n19. If there bo no lieutenant-governor, or if the lieutenant-gov-\\nernor shall, for any of the causes specified in section seventeen of this\\narticle, become incapable of performing the duties of the office, the\\npresident of the Senate shall act as governor until the vacancy is filled or\\nthe disability removed and if the president of the Senate, for any of the\\nabove-named causes, shall become incapable of performing the duties of\\ngovernor, the same shall devolve upon the Bpeaker of the Bouse of Rep-\\nresentatives.\\nOTHER STATE OFFICERS\\nB :30. If the office of auditor of public accounts, treasurer, secre-\\ntary of state, attorney-general, or superintendent of public instruction\\nshall be vacated by death, resignation, or otherwise, it shall be the duty\\nOf the governor to fill the same by appointment, and the appointee shall\\nhold his office until his successor shall be elected and qualified in such\\nmanner as may be provided bylaw. An account shall be kept by the\\nofficers of the Executive Department, and of all the public institutions of\\nthe State, of all moneys received or disbursed by them, severally, from\\nall sources, and for every service performed, and a semi-annual report\\nthereof be made to the governor, under oath and any officer who makes\\na false report shall be guilty of perjury, and be punished accordingly.\\n21. The officers of the Executive Department, and of all the public\\ninstitutions of the State, shall, at least ten days preceding each regular\\nsession of the General Assembly, severally report to the governor, who\\nshall submit such reports to the General Assembly, together with the\\nreports of the judges of the supreme court of defects in the Constitution\\nand laws; and the governor may at anytime require information, in\\nwriting, under oath, from the officers of the Executive Department, and\\nall officers and managers of State institutions, upon any subject relating\\nto the condition, management, and expenses of their respective offices.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0433.jp2"}, "434": {"fulltext": "224: THE GOVERNMENT OF ILLINOIS\\nTHE SEAL, OF STATE\\n6 22. There shall he a seal of* the State, which shall be called the\\nGreat Seal of the State of Illinois, which shall he kept by the secre-\\ntary of state, and used by him, officially, as directed by law.\\nFEES AND SALARIES\\n23. The officers named in this article shall receive for their ser-\\nvices a salary, to be established by law, which shall not be increased or\\ndiminished during their official terms, and they shall not, after the expi-\\nration of the terms of those in office at the adoption of this Constitution,\\nreceive to their own use any fees, costs, perquisites of office, or other\\ncompensation. And all fees that may hereafter be payable by law for\\nany services performed by any officer provided for in this article of the\\nConstitution, shall be paid in advance into the State treasury.\\nDEFINITION AND OATH OF OFFICE\\n24. An office is a public position created by the Constitution or\\nlaw, continuing during the pleasure of the appointing power, or for a\\nfixed time, with a successor elected or appointed. An employment is\\nan agency, for a temporary purpose, which ceases when that purpose is\\naccomplished.\\n25. All civil officers except members of the General Assembly and\\nsuch inferior officers as may be bylaw exempted, shall, before they enter\\non the duties of their respective offices, take and subscribe the following\\noath or affirmation.\\nI do solemnly swear (or affirm, as the case may be) that I will support the\\nConstitution of the United States, and the Constitution of the State of Illinois, and\\nthat I will faithfully discharge the duties of the office of according to the beet\\nof my ability.\\nAnd no other oath, declaration, or test shall be required as a qualifica-\\ntion.\\nARTICLE VI\\nJUDICIAL DEPARTMENT\\n8 1. The judicial powers, except as in this article is otherwise pro-\\nvided, shall be vested in one supreme court, circuit courts, county courts,\\njustices of the peace, police magistrates, and in such courts as may be\\ncreated by law in and for cities and incorporated towns.\\nSUPREME COURT\\n8 2. The supreme court shall consist of seven judges, and shall have\\noriginal jurisdiction incases relating to the revenue, in mandamus and", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0434.jp2"}, "435": {"fulltext": "CONSTITUTION 226\\nhabeas corpus, and appellate jurisdiction iii all other case-. One of said\\njudges shall be chief justice; four Bhall constitute a quorum, and the\\nconcurrence of four shall he necessary to every decision.\\n8 No person shall he eligible to the office of judge of the supreme\\ncourt unless he shall he at ha-t thirty years of aire, and a citizen of the\\nUnited states, nor unless he shall ha\\\\e resided in this state five rears\\nnext preceding his election, and he a resident of the district in which he\\nshall he elected.\\nS 1. Terms of the supreme court -hall continue to lie held in the\\npresent grand divisions at the several places dow provided (or holding\\nthe same; and until otherwise provided by law, one or more terms of\\n.said court shall he held, for the northern division, i;i the city of Chicago\\neach year at such times as said court may appoint, whenever said city or\\nthe countyof Cook shall appoint appropriate rooms therefor, and the\\nuse of a suitable library, without expense to the state. The judicial\\ndivisions may he altered, increased, or diminished in number, and the\\ntimes and places of holding said court may he changed by law.\\nS The present grand divisions shall he preserved, and he denom-\\ninated Southern, Central, and Northern, until otherwise provided bj law.\\nThe State shall be divided into seven districts for the election of judges,\\nand until otherwise provided by law, they shall be as follows:\\nMm District. The counties of St. Clair, Clinton. Washington, Jeffer-\\nson, Wayne-, Edwards, Wabash, White. Hamilton. Franklin, l erry.\\nRandolph, .Monroe, Jackson, Williamson, Saline, Callatin, Hardin. Pope,\\nUnion, Johnson, Alexander. Pulaski, and Massac.\\nSecond District. The counties of Madison, Bond, Marion. Clay,\\nRichland, Lawrence, Crawford, Jasper, Effingham, Fayette. Montgom-\\nery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun,\\nand Christian.\\nThird District. The counties of Sangamon, Macon. Logan, De Witt,\\nPiatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford.\\nIroquois, Coles, Edgar, Moultrie, and Tazewell.\\nFourth District. The counties of Fulton. MsDonough, Hancock,\\nSchuyler, Brown, Adams, pike. Mason, Menard, Morgan, Cass, and\\nScott.\\nFifth District. The count ies of Knox, Warren, Henderson, Mercer,\\nHenry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle. Grundy, and\\nWoodford.\\nSi.rt li District. The counties of Whiteside, Carroll, Jo Daviess. Ste-\\nphenson, Winnebago, Boone, McHenry, Kane, Kendall. DeKalb, Lee,\\nOgle, and Rock Island.\\nSeventh District. The counties of Lake, Cook. Will. Kankakee, and\\nDuPage.\\nThe boundaries of the districts may be changed at the session of the\\nGeneral Assembly next preceding the election for judges therein, and at\\n15", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0435.jp2"}, "436": {"fulltext": "226 THE GOVERNMENT OF ILLINOIS\\nno other time; but whenever such alterations shall he made, the same\\nshall be upon the rule of equality of population, as nearly as county\\nboundaries will allow, and the districts shall be composed of contiguous\\ncounties, in as nearly compact form as circumstances will permit.\\nThe alteration of the districts shall not affect the tenure of office of any\\njudge.\\n(5. At the time of voting on the adoption of this Constitution, one\\njudge of the supreme court shall be elected by the electors thereof, in\\neach of said districts numbered two, three, six, and seven, who shall hold\\nhis office for the term of nine years from the first Monday of June, in\\nthe year of our Lord one thousand eight hundred and seventy. The\\nterm of office of judges of the supreme court, elected after the adoption\\nof this Constitution, shall be nine years and on the first Monday of\\nJune of the year in which the term of any of the judges in the office at\\nthe adoption of this Constitution, or of the judges then elected, shall\\nexpire, and every nine years thereafter, there shall be an election for\\nthe successor or successors of such judges, in the respective districts\\nwherein the term of such judges shall expire. The chief justice shall\\ncontinue to act as such until the expiration of the term for which he was\\nelected, after which the judges shall choose one of their number chief\\njustice.\\n7. From and after the adoption of this Constitution, the judges of\\nthe supreme court shall each receive a salary of four thousand dollars\\nper annum, payable quarterly, until otherwise provided by law. And\\nafter said salaries shall be fixed bylaw, the salaries of the judges in office\\nshall not be increased or diminished during the term for which said\\njudges shall have been elected.\\n8. Appeals and writs of error may be taken to the supreme court,\\nheld in the grand division in which the case is decided, or, by consent of\\nthe parties, to any other grand division.\\n9. The supreme court shall appoint one reporter of its decisions,\\nwho shall hold his office for six years, subject to removal by the court.\\n10. At the time of the election for representatives in the General\\nAssembly, happening next preceding the expiration of the terms of office\\nof the present clerks of said court, one clerk of said court for each di-\\nvision shall be elected, whose term of office shall be six years from said\\nelection, but who shall not enter upon the duties of his office until the\\nexpiration of the term of his predecessor, and every six years thereafter\\none clerk of said court for each division shall be elected.\\nAPPEI.L.ATK COURTS\\n11. After the year of our Lord one thousand eight hundred and\\nseventy-four, inferior appellate courts, of uniform organization and juris-\\ndiction, inay be created in districts formed for that purpose, to which", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0436.jp2"}, "437": {"fulltext": "CONSTITUTION 227\\nsuch appeals and writs of error as the General Assembly may provide\\nmay be prosecuted from circuit or other court-, and from which appeals\\nand writs of error shall lie to the supreme court, in all criminal cases,\\nand cases in which a Franchise, or freehold, or the validity of a statute Is\\ninvolved, and in such other cases as may he provided by law. Such ap-\\npellate courts shall he held by such number of judges of the circuit\\ncourts, and at, such times and places, and in such manner as may he pro-\\nvided bylaw; but no Judge shall sit in review upon cases decided by\\nhim nor shall said judges receive any additional compensation for such\\nservice-.\\nCIRCUIT COURTS\\n12. The circuit courts shall have original jurisdiction of all causes\\nin law and equity, and such appellate jurisdiction as i- or may be pro-\\nvided by law, and shall hold two or more terms each year in every county.\\nThe terms of office of judges f circuit courts shall he six yean,\\n13. The state, exclusive of thecounty of Cook and other counties\\nhaving a population of one hundred thousand, shall be divided into ju-\\ndicial circuits, prior to the expiration of the terms of office of the present\\njudges of the circuit courts. Such circuits shall he formed of contig-\\nuous counties, in as nearly compact form and as nearly equal as circum-\\nstances will permit, having due regard to business, territory. and popula-\\ntion, and shall not exceed in number one circuit for every one hundred\\nthousand of population in the State. One judge shall he elected forcac h\\nof said circuits by the electors thereof. New circuits may he formed\\nand the boundaries of circuits changed by the General Assembly, at its\\nsession next preceding the election for circuit judges, but at no other\\ntime. Provided, that the circuits may be equalised or changed at the\\nfirst session of the General Assembly after the adoption of this Consti-\\ntution. The creation, alteration, or change of any circuit shall not affect\\nthe tenure of office of any judge. Whenever the business u f the circuit\\ncourt of any one, or of two or more contiguous counties, containing a\\npopulation exceeding fifty thousand, shall occupy nine months of the\\nyear, the General Assembly may make of such county, or counties, a\\nseparate circuit. Whenever additional circuits are created. The fore-\\ngoing limitations shall be observed.\\n14. The General Assembly shall provide for the times of holding\\ncourt in each county which shall not be changed, except by the Gen-\\neral Assembly next preceding the general election for judges of said\\ncourts; but additional terms may be provided for in any county. The\\nelection for judges of the circuit courts shall be held on the first Monday\\nin June, in the year of our Lord one thousand eight hundred and sev-\\nenty-three, and every six years thereafter.\\n15. The General Assembly may divide the State into judicial cir-\\ncuits of greater population and territory, in lieu of the circuits provided", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0437.jp2"}, "438": {"fulltext": "228 THE GOVERNMENT OF ILLINOIS\\nfor in section thirteen of this article, and provide for the election therein,\\nseverally, by the electors thereof, by general ticket, of not exceeding lour\\njudges, who shall hold the circuit courts in the circuit for which they\\nshall he elected, in such manner as may be provided by law.\\nS lti. From and after the adoption of this Constitution, judges of\\nthe circuit courts shall receive a salary of three thousand dollars per\\nannum, payable quarterly, until otherwise provided by law. And after\\ntheir salaries shall be fixed by law, they shall not be increased or di-\\nminished during the terms for which said judges shall be respectively\\nelected; and from and after the adoption of this Constitution, no judge\\nof the supreme or circuit court shall receive any other compensation,\\nperquisites, or benefit, in any form whatsoever, nor perform any other\\nthan judicial duties to which may belong any emoluments.\\n17. No person shall be eligible to the office of judge of the circuit\\nor any inferior court, or to membership in the Board of County Com-\\nmissioners, unless he shall be at least twenty-five years of age, and a\\ncitizen of the United States, nor unless he shall have resided in this\\nState five years next preceding his election, and be a resident of the\\ncircuit, county, city, cities, or incorporated town in which he shall he\\nelected.\\nCOUNTY COURTS\\n18. There shall he elected in and for each county, one county\\njudge and one clerk of the county court, whose term of office shall be\\nfour years. But the General Assemhly may create districts of two or\\nmore contiguous counties, in each of which shall be elected one judge,\\nwho shall take the place of and exercise the powers and jurisdiction of\\ncounty judges in such districts. County courts shall he courts of rec-\\nord, and shall have original jurisdiction in all matters of prohate; set-\\ntlement of estates of deceased persons; appointment of guardians and\\nconservators, and settlements of their accounts; in all matters relating\\nto apprentices; and in proceedings for the collection of taxes and\\nassessments, and such other jurisdiction as may be provided for by\\ngeneral law.\\nB Appeals and writs of error shall be allowed from final deter-\\nminations of county courts, as may he provided by law.\\nPROBATE COURTS\\n8 20. The General Assembly may provide for the establishment of a\\nprobate court in each county having a population of over fifty thousand,\\nand for the election of a judge thereof, whose term of office shall be the\\nBame as thai of the county judge, and who shall be elected at the same\\ntime and In the same manner. Said courts, when established, shall\\nhave original jurisdiction of all prohate matters, (he settlement of estates", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0438.jp2"}, "439": {"fulltext": "CONSTITUTION 229\\nof deceased persons, the appointment of guardians and conservators,\\nand set! Lementa of their accounts; in all matters relating to apprentices,\\nand in cases of sales of real estate of deceased persons for the payment\\nof debts.\\nJUSTICES OF THE PEACE AND CONSTABLES\\n8 21. Justices of the peace, police magistrates, ami constables shall\\nbe elected in and for such districts as are, or may be, provided by law,\\nand the jurisdiction of such justices of the peace and police magistrates\\nshall he, uniform.\\nSTATE S ATTORNEYS\\n8 22. At the election for members of the General Assembly in the\\nyear of our Lord one thousand eight hundred and seventy-two, and\\nevery four years thereafter, there shall be elected a State s attorney in\\nand for each county, in lieu of the state s attorneys mm provided bj\\nlaw, whose term of office shall he four years.\\nCOURTS OK COOK COUNTY\\n8 23. The county of Cook shall he one judicial circuit. The cir-\\ncuit court of Cook County shall consist of Ave judges, until their number\\nshall he increased, as herein provided. The present judge of the record-\\ner s court of the city of Chicago, and the present judge Of the circuit\\ncourt of Cook County, shall be two of said judges, and shall remain in\\nOffice for the terms for which they were respectively elected, and until\\ntheir successors shall he elected and qualified. The superior court of\\nChicago Shall be continued and called the Superior Court of Cook\\nCounty. The General Assembly may increase the number of said\\njudges, by adding one to either of said courts for every additional fifty\\nthousand inhabitants in said county over and above population of\\nfour hundred thousand. The terms of office of the judges of said\\ncourts, hereafter elected, shall be six years.\\n8 24. The judge having the shortest unexpired term shall he chief\\njustice of the court of which he is a judge. In case there are two or more\\nwhose tei ms expire at the same time, it may be determined by lot which\\nshall be chief justice. Any judge of either of said courts shall have all\\nthe powers of a circuit judge, and may hold the court of which he is a\\nmember. Each of them may hold a different branch thereof at the same\\ntime.\\n8 25. The judges of the superior and circuit courts, and the State s\\nattorney, in said county, shall receive the same salaries, payable out of\\nthe State treasury, as is or may be paid from said treasury to the circuit\\njudges and State s attorneys of the State, and such further compensa-\\ntion, to be paid by the county of Cook, as is or may be provided by law.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0439.jp2"}, "440": {"fulltext": "230 THE GOVERNMENT OF ILLINOIS\\nSuch compensation shall not he changed during their continuance in\\noffice.\\n26. The recorder s court of the city of Chicago shall be continued,\\nand shall be called the Criminal Court of Cook County. 1 It shall have\\nthe jurisdiction of a circuit court in all cases of criminal and quasi crim-\\ninal nature, arising in the county of Cook, or that may be brought be-\\nfore said court pursuant to law and all recognizances and appeals taken\\nin said county in criminal and quasi criminal cases shall be returnable\\nand taken to said court. It shall have no jurisdiction in civil cases, except\\nin those on behalf of the people, and incident to such criminal or quasi\\ncriminal matters, and to dispose of unfinished business. The terms of\\nsaid criminal court of Cook County shall be held by one or more of the\\njudges of the circuit or superior court of Cook County, as nearly as may\\nbe in alternation, as may be determined by said judges, or provided by\\nlaw. Said judges shall be ex officio judges of said court.\\n27. The present clerk of the recorder s court of the city of Chicago\\nshall be the clerk of the criminal court of Cook County during the term\\nfor which he was elected. The present clerks of the superior court of\\nChicago, and the present clerk of the circuit court of Cook County, shall\\ncontinue in office during the terms for which they were respectively\\nelected and thereafter there shall be but one clerk of the superior\\ncourt, to be elected by the qualified electors of said county, who shall\\nhold his office for the term of four years, and until his successor is elected\\nand qualified.\\n28. All justices of the peace in the city of Chicago shall be ap-\\npointed by the governor, by and with the advice and consent of the\\nSenate (but only upon the recommendation of a majority of the judges\\nof the circuit, superior, and county courts), and for such districts as are\\nnow or shall hereafter be provided by law. They shall hold their offices\\nfor four years, and until their successors have been commissioned and\\nqualified but they may be removed by summary proceeding, in the cir-\\ncuit or superior court, for extortion or other malfeasance. Existing jus-\\ntices of the peace and police magistrates may hold their offices until the\\nexpiration of their respective terms.\\nGENERAL, PROVISIONS\\n8 29. All judicial officers shall be commissioned by the governor. All\\nlaws relating to courts shall be general, and of uniform operation and\\nthe organization, jurisdiction, powers, proceedings, and practice of all\\ncourt* of the same class or grade, so far as regulated by law, and the\\nforce and effect of the process, judgments, and decrees of such courts,\\nseverally, shall be uniform.\\n30. The General Assembly may, for cause entered on the journals,\\nupon due notice and opportunity of defence, remove from office any", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0440.jp2"}, "441": {"fulltext": "CONSTITUTION 231\\njudge, upon concurrence of three-fourths of all the members elected of\\neach house. All ot her officers in t bis art icle mentioned shall be removed\\nfrom office, on prosecution and final conviction, tor misdemeanor in\\noffice.\\nB 31. All judges of courts d record interior to the supreme court\\nshall, on or before the first day of June of each rear, report in writing to\\nthe judges of the supreme court such defects and omissions in the laws\\nas their experience may suggest; and the judges of the supreme court\\nshall, on or before the first day of January of each year, report in writing\\nto the governor sucb defects and omissions in the Constitution and laws\\nas they may find to exist, together with appropriate form- of hills to cure\\nsuch defects and omissions in the laws. And the judges of the several\\ncircuit courts shall report to the next General Assembly the number of\\ndays they have held court in the several counties composing their re-\\nspective circuits the preceding two years.\\ns All officers provided tor in this article shall hold their offices\\nuntil their successor- shall lie qualified, and they -hall, respectively, re-\\nside in the division, circuit, county, or district for which they may he\\nelected or appointed. The term- of Office of all SUOh Officers, where not\\notherwise prescribed in this article, -hall he four year-. All officers,\\nwhere not otherwise provided for in this article, -hall perform BUCfa\\nduties and receive such compensation a- i-. or may he. provided by law.\\nVacancies in such elective offices shall he filled by election hut where\\nthe unexpired term does not exceed one year, the vacancy shall he filled\\nby appointment, as follows: of judges, by the governor; of clerks of\\ncourts, by the court to which the office appertains, or by the judge or\\njudges thereof; and of all such other offices, by the Hoard of Supervisors,\\nor Hoard of County Commissioners, in. the county where the vacancy\\noccurs.\\ns All process shall run In the name of the r i l of the State of\\nIllinois; and all prosecutions shall he carried on In the name and by the\\nauthority of the Pc i u of tin State of lUinoto; and conclude Against the\\npeace and dignity of tlic soiik. Population,* 1 wherever used in this\\narticle, shall be determined by the next preceding census of this State.\\nor of the United States.\\nARTICLE VII\\nSUFFRAGE\\n1. Every person having resided in this State one year, in the\\ncounty ninety days, and in the election district thirty days next preced-\\ning any election therein, who was an elector in this State on the first day\\nof April, in the year of our Lord one thousand eight hundred and forty-\\neight, or obtained a certificate of naturalization, before any court of\\nrecord in this State, prior to the first day of January, in the year of our", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0441.jp2"}, "442": {"fulltext": "232 THE GOVERNMENT OF ILLINOIS\\nLord one thousand eight hundred and seventy, or who shall he a male\\ncitizen of the United States, above the age of twenty-one years, shall be\\nentitled to vote at sueh election.\\nS 2. All votes shall be by ballot.\\n3. Electors shall, in all cases except treason, felony, or breach of\\nthe peace, be privileged from arrest during their attendance at elections,\\nand in going to and returning from the same. And no elector shall be\\nobliged to do military duty on the days of election, except in time of war\\nor public danger.\\n4. No elector shall be deemed to have lost his residence in this\\nState by reason of his absence on the business of the United States, or\\nof this State, or in the military or naval service of the United States.\\n5. No soldier, seaman, or marine in the army or navy of the United\\nStates shall be deemed a resident of this State in consequence of being\\nstationed therein.\\n6. No person shall be elected or appointed to any office in this\\nState, civil, or military, who is not a citizen of the United States, and\\nwho shall not have resided in this State one year next preceding the\\nelection or appointment.\\n7. The General Assembly shall pass laws excluding from the right\\nof suffrage persons convicted of infamous crimes.\\nARTICLE VIII\\nEDUCATION\\n1. The General Assembly shall provide a thorough and efficient\\nsystem of free schools, whereby all children of this State may receive a\\ngood common school education.\\n2. All lands, moneys, or other property, donated, granted, or\\nreceived for school, college, seminary, or university purposes, and the\\nproceeds thereof, shall be faithfully applied to the objects for which\\nsucli gifts or grants were made.\\n3. Neither the General Assembly nor any county, city, town,\\ntownship, school district, or other public corporation, shall ever make\\nany appropriation or pay from any public fund whatever, anything in\\naid of any church or sectarian purpose, or to help support or sustain any\\nschool, academy, seminary, college, university, or other literary or scien-\\ntific institution, controlled by any church or sectarian denomination\\nwhatever; nor shall any grant or donation of land, money, or other per-\\nsonal property ever be made by the State, or any such public corporation,\\nto any church, or for any sectarian purpose.\\n4. No teacher, State, county, township, or district school officer\\nshall be Interested in the sale, proceeds or profits of any book, apparatus,\\nor furniture, used or to be used, in any school in this State, with which", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0442.jp2"}, "443": {"fulltext": "CONSTITUTION 233\\nsuch officer or teacher may he connected, under such penalties as may be\\nprovided by the General Assembly.\\n8 5. There may he a county superintendent of schools in cadi\\ncounty whose qualifications, powers, duties, compensation, and time\\nand manner of election, and term of office, shall be prescribed by law.\\nARTICLE IX\\nKKVKMi;\\n8 1. The General Assembly shall provide such revenue as may be\\nneedful by Levying a tax, l y valuation, so that every person and corpo-\\nration shall pay a tax in proportion t the value of hi-, her, r it-\\nproperty such value to be ascertained by some person or persons, t be\\nelected r appointed in such manner as the General Assembly shall\\ndirect, and not otherwise; hut the General Assembly shall have power\\nto tax peddlers, auctioneers, brokers, hawkers, merchants, commission\\nmerchants, showmen, jugglers, Inn-keepers, grocery-keepers, Liquor-\\ndealers, toll-bridgeB, ferries, Insurance, telegraph and express Interests\\nor business, venders of patents, and persons r corporations owning or\\nusing franchises and privileges, in Bucb manner as LI -hall, from time to\\ntime, direct by general law, uniform as to the class upon which it\\noperates.\\n8 2. The specification of the objects and subjects of taxation shall\\nnot deprive the General Assembly of the power to require other subjects\\nor objects to be taxed, in BUCh manner as may he consistent with the\\nprinciples of taxation tixed in this Constitution.\\n8 3. The property of the State, counties, and other municipal cor-\\nporations, hoth real and personal, and such other property, as may he\\nused exclusively for agricultural and horticultural societies, for school,\\nreligious, cemetery, and charitable purposes, may be exempted from tax-\\nation but such exemption shall he only by general law. In the assess-\\nment of real estate incumbered by public easement, any depreciation\\noccasioned by such easement may he deducted in the valuation of such\\nproperty.\\n8 4. The General Assembly shall provide, in all eases where it may\\nbe necessary to sell real estate for the non-payment of taxes or special\\nassessments, for State, county, municipal, or other purposes, that a return\\nof such unpaid taxes or assessments shall he made to some general officer\\nof the county, having authority to receive State and county taxes and\\nthere shall he no sale of said property for any of said taxes or assess-\\nments hut by said officer, upon the order or judgment of some court of\\nrecord.\\n8 5. The right of redemption from all sales of real estate, for the\\nnon-payment of taxes or special assessments of any character whatever.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0443.jp2"}, "444": {"fulltext": "234 THE GOVERNMENT OF ILLINOIS\\nshall exist in favor of owners and persons interested in such real estate,\\nfor a period of not less than two years from such sales thereof. And\\nthe General Assembly shall provide, by law, for reasonable notice to be\\ngiven to the owners or parties interested, by publication or otherwise, of\\nthe fact of the sale of the property for such taxes or assessments, and\\nwhen the time of redemption shall expire Provided, that occupants\\nshall in all cases be served with personal notice before the time of re-\\ndemption expires.\\n6. The General Assembly shall have no power to release or dis-\\ncharge any county, city, township, town, or district, whatever, or the\\ninhabitants thereof, or the property therein, from their or its proportion-\\nate share of taxes to be levied for State purposes, nor shall commutation\\nfor such taxes be authorized in any form whatsoever.\\n7. All taxes levied for State purposes shall be paid into the State\\ntreasury.\\n8. County authorities shall never assess taxes, the aggregate of\\nwhich shall exceed seventy-five cents per one hundred dollars valuation,\\nexcept for the payment of indebtedness existing at the adoption of this\\nConstitution, unless authorized by a vote of the people of the county.\\n9. The General Assembly may vest the corporate authorities of\\ncities, towns, and villages, with power to make local improvements by\\nspecial assessment or by special taxation of contiguous property, or\\notherwise. For all other corporate purposes, all municipal corporations\\nmay be vested with authority to assess and collect taxes but such taxes\\nshall be uniform in respect to persons and property, within the jurisdic-\\ntion of the body imposing the same.\\n10. The General Assembly shall not impose taxes upon municipal\\ncorporations, or the inhabitants or property thereof, for corporate pur-\\nposes, but shall require that all the taxable property within the limits of\\nmunicipal corporations shall be taxed for the payment of debts contracted\\nunder authority of law, such taxes to be uniform in respect to persons\\nand property, within the jurisdiction of the body imposing the same.\\nPrivate property shall not be liable to be taken or sold for the payment\\nof the corporate debts of a municipal corporation.\\n11. No person who is in default, as collector or custodian of money\\nor property belonging to a municipal corporation, shall be eligible to any\\noffice in or under such corporation. The fees, salary, or compensation of\\nno municipal officer who is elected or appointed for a definite term of\\noffice, shall be increased or diminished during such term.\\n12. No county, city, township, school district, or other municipal\\ncorporation, shall be allowed to become indebted in any manner or for\\nany purpose, to an amount, including existing indebtedness, in the ag-\\ngregato exceeding five per centum on the value of the taxable property\\ntherein, to be ascertained by the last assessment for State and county\\ntaxes, previous to the incurring of such indebtedness. Any county,", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0444.jp2"}, "445": {"fulltext": "CONSTITUTION 235\\ncity, school district, or other municipal corporation, incurring any indebt-\\nedness as aforesaid, shall before, or al tin; time of doing so, provide for\\nthe collection of a direct annual tax sufficient to pay the interest on BUCl)\\ndebt, as it falls due, and also to pay and discharge the principal thereof\\nwit hin twenty year* from t he time of contracting the same. This section\\nshall not be const rued to prevent any county, city, township, school dis-\\ntrict, or other municipal corporal Ion, from issuing their bonds in compli-\\nance with any vote of the people which may have been had prior to the\\nadoption of this Constitution in pursuance of any law providing therefor.\\n8 13.* The corporate authorities of the city of Chicago are hereby\\nauthorized to issue interest-bearing bonds of said city to an amount not\\nexceeding five million dollars, at a pate of interest not to exceed five per\\ncentum per annum, the principal payable within thirty years from the\\ndate of their issue, and the proceeds thereof shall he paid to the treasurer\\nof the World s Columbian Exposition, and used and disbursed by him\\nunder the direction and control of the directors, in aid of tin World s\\nColumbian Exposition, to be held in the city of Chicago, Id pursuance of\\nan act, of Congress of the United States.\\nProvided, thai if at an election for the adoption of this amendment a\\nmajority of the votes cast wit iiin the limit s of the city of Chicago shall\\nhe against its adoption, then no honds shall lie issued under ihis amend-\\nment\\nAnd said corporate authorities shall he repaid as large a proportionate\\namount of the aid given by them as is repaid to the stockholders on the\\nSUmS SUbsCTibed and paid by them, and the money BO received shall be\\nused in the redemption of the honds issued as aforesaid, provided that\\nsaid authorities may take in whole or in pari of the sum coming to them\\nany permanent improvements placed land held or controlled by them.\\nAnd provided further, that no such indebtedness BO created shall in\\nany part thereof be paid by the state, or from any state revenue, tax, or\\nfund, hut the same shall be paid by the said city of Chicago alone.\\nARTICLE X\\nCOUNTIES\\n1. No new county shall be formed or established by the General\\nAssembly, which will reduce the county or counties, or either of them,\\nfrom which it shall be taken, to less contents than four hundred square\\nmiles nor shall any county be formed of less contents nor shall any\\nline thereof pass within less than ten miles of any county seat of the\\ncounty or counties proposed to be divided.\\n2. No county shall be divided, or have any part stricken there-\\nfrom, without submitting the question to a vote of the people of the\\nAmendment of 1890.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0445.jp2"}, "446": {"fulltext": "236 THE GOVERNMENT OF ILLINOIS\\ncounty, nor unless a majority of all the legal voters of the county, voting\\non the question, shall vote for the same.\\n3. There shall he no territory stricken from any county, unless a\\nmajority of the voters living in such territory shall petition for such di-\\nvision and no territory shall be added to any county without the con-\\nsent of the majority of the voters of the county to which it is proposed\\nto be added. But the portion so stricken off and added to another county,\\nor formed in whole or in part into a new county, shall be holden for and\\nobliged to pay its proportion of the indebtedness of the county from\\nwhich it has been taken.\\nCOUNTY SEATS\\n4. No county seat shall be removed until the point to which it is\\nproposed to be removed shall be fixed in pursuance of law, and three-\\nfifths of the voters of the county, to be ascertained in such manner as\\nshall be provided by general law, shall have voted in favor of its removal\\nto such point and no person shall vote on such question who has not\\nresided in the county six months, and in the election precinct ninety\\ndays next preceding such election. The question of the removal of a\\ncomity seat shall not be oftener submitted than once in ten years, to a\\nvote of the people. But when an attempt is made to remove a county\\nseat to a point nearer to the centre of a county, then a majority vote only\\nshall be necessary.\\nCOUNTY GOVERNMENT\\n5. The General Assembly shall provide, by general law, for town-\\nship organization, under which any county may organize whenever a ma-\\njority of the legal voters of such county, voting at any general election,\\nshall so determine, and whenever any county shall adopt township or-\\nganization, so much of this Constitution as provides for the management\\nof the fiscal concerns of the said county by the Board of County Commis-\\nsioners, may be dispensed with, and the affairs of said county may be\\ntransacted in such manner as the General Assembly may provide. And\\nin any county that shall have adopted a township organization, the ques-\\ntion of continuing the same may be submitted to a vote of the electors\\nof such county, at a general election, in the manner that now is or may\\nhe provided by law and if a majority of all the votes cast upon that\\nquestion shall be against township organization, then such organization\\nshall cease in said county; and all laws in force in relation to counties\\nnot having township organization, shall immediately take effect and be\\nin force in such county. No two townships shall have the same name,\\nand the day of holding the annual township meeting shall be uniform\\nthroughout the state.\\nS 0. At the first election of county judges under this Constitution,\\nthere shall be elected in each of the counties in this State, not under", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0446.jp2"}, "447": {"fulltext": "CONSTITUTION\\ntownship organization, three officers, who shall be Btyled The Board of\\nCounty Commissioners, who shall hold sessions for the transaction of\\ncounty business ;i h;ill be provided bylaw. One of said commissioners\\nshall hold his office for one year, one for two years, and one for three\\nyears, to be determined by Loi and every year thereafter one such offi-\\ncer shall be elected in each of said counties for the term of three years.\\n7. The county affairs of Cook County shall be managed by a\\nBoard of Commissioners of fifteen persons, ten of whom shall be elected\\nI nmi the cityof Chicago, and live from towns outside of said city, in such\\nmanner as may be provided by law.\\nCOUNTY OFFICERS AM) TJIKIU COMPENSATION\\n8.* In each county there shall be elected the following county\\nOfficers, at the general election tO be held OS the Tuesday after the tir-t\\nMonday in November, A. I). 1882: A county judge, county clerk,\\nsheriff, and treasurer, and ;it the election to he held on the Tuesday after\\nthe flrst Monday in November, A. I). 1884, a coroner and clerk of\\nthe circuit court (who may be ex officio recorder of deeds, excepl In\\ncounties having 60,000 and more inhabitant-, in which counties a re-\\ncorder of deeds shall be elected al the general election in L884). Bach\\nof said officers shall enter upon the duties of his office, respectively\\non the first Monday of December after his election, and they shall hold\\ntheir respective offices for the term of four years, and until their succes-\\nsors are elected and qualified: Provided, thai no person having once\\nbeen elected to the office of sheriff or treasurer shall be eligible to re-\\nelection to said office for four years after the expiration of the term for\\nwhich he shall have been elected.\\n0. The clerks of all the courts of record, the treasurer, sheriff,\\ncoroner, and recorder of deeds of Cook County, shall receive as their only\\ncompensation for their services, salaries to be lixed by law. which shall\\nin no case be as much as the lawful compensation of a judge of the cir-\\ncuit court of said county, and shall be paid, respectively, only out of the\\nfees of the office actually collected. All fees, perquisites, and emolu-\\nments (above the amounts of said salaries i shall be paid into the county\\ntreasury. The number of the deputies and assistants of such officers\\nshall be determined by rule of the circuit court, to be entered of record,\\nand their compensation shall be determined by the county board.\\n10. The county board, except as provided in section nine of this\\narticle, shall fix the compensation of all county officers, with the amount\\nof their necessary clerk hire, stationery, fuel, and other expenses, and in\\nall cases where fees are provided for, said compensation shall be paid\\nonly out of, and shall in no instance exceed, the fees actually collected\\nAs amended in 1880.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0447.jp2"}, "448": {"fulltext": "238 THE GOVERNMENT OF ILLINOIS\\nthey shall not allow either of them more per annum than fifteen hundred\\ndollars, in counties not exceeding twenty thousand inhabitants; two\\nthousand dollars, in counties containing twenty thousand and not exceed-\\ning thirty thousand inhabitants twenty-five hundred dollars, in counties\\ncontaining thirty thousand anfl not exceeding fifty thousand inhabitants\\nthree thousand dollars, in counties containing fifty thousand and not ex-\\nceeding seventy thousand inhabitants; thirty-five hundred dollars, in\\ncounties containing seventy thousand and not exceeding one hundred\\nthousand inhabitants and four thousand dollars, in counties containing\\none hundred thousand and not exceeding two hundred and fifty thousand\\ninhabitants and not more than one thousand dollars additional compen-\\nsation for each additional one hundred thousand inhabitants. Provided,\\nthat the compensation of no officer shall be increased or diminished dur-\\ning his term of office. All fees or allowances by them received, in excess\\nof their said compensation, shall be paid into the county treasury.\\n11. The fees of township officers, and of each class of county officers,\\nshall be uniform in the class of counties to which they respectively\\nbelong. The compensation herein provided for shall apply only to offi-\\ncers hereafter elected, but all fees established by special laws shall cease\\nat the adoption of this Constitution, and such officers shall receive only\\nsuch fees as are provided by general law.\\n12. All laws fixing the fees of State, county, and township officers,\\nshall terminate with the terms respectively of those who may be in\\noffice at the meeting of the first General Assembly after the adoption of\\nthis Constitution and the General Assembly shall, by general law, uni-\\nform in its operation, provide for and regulate the fees of said officers\\nand their successors, so as to reduce the same to a reasonable compensa-\\ntion for services actually rendered. But the General Assembly may, by\\ngeneral law, classify the counties by population into not more than\\nthree classes, and regulate the fees according to class. This article shall\\nnot be construed as depriving the General Assembly of the power to\\nreduce the fees of existing officers.\\n13. Every person who is elected or appointed to any office in this\\nState, who shall be paid in whole or in part by fees, shall be required by\\nlaw 1o make a semi-annual report, under oath, to some officer to be des-\\nignated by law, of all his fees and emoluments.\\nARTICLE XI\\nCORPORATIONS\\nSI. No corporation shall be created by special laws, or its charter\\nextended, changed, or amended, except those for charitable, educational,\\npenal, or reformatory purposes, which are to be and remain under the\\npatronage and control of the State, but the General Assembly shall pro-", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0448.jp2"}, "449": {"fulltext": "CONSTITUTION 239\\nvide, by general laws, for the organization of all corporations hereafter\\nto 1 created.\\n2. All existing charters or grants of special or exclusive privileges,\\nunder which organization shall not have taken place, or which shall not\\nhare been in operation within ten days from the time- this Constitution\\ntakes effect, shall thereafter have no validity or effect whatever.\\n3. The General Assembly shall provide, by law, that in all elections\\nfor directors or managers of incorporated companies, every stockholder\\nshall have the right to vote, in person or by proxy, for the number of\\nshares of stock owned by him. for a- many persons as there arc directors\\nand managers to he elected, or to cumulate aaid shares, and give one\\ncandidate as many votes OS the Dumber of director- multiplied hy the\\nnumber of his shares of Btock, shall equal, or distribute them on the\\nsame principle among as many candidates as lie shall think fit and\\nsuch directors or managers shall not he elected in any other manner.\\n8 4. No law shall he passed hy the General Assembly, granting the\\nright to construct and operate a street railroad within any city. town, or\\nIncorporated village, without requiring the consent of the local authori-\\nties having the I ontrol of the street or highway proposed to he occupied\\nhy SUCh street railroad.\\nN K\\n8 5. Xo State hank shall hereafter he created, nor shall the State\\nown or be liable for any stock in any corporation or joint stock company\\nor association for banking purposes, now created, or to he hereafter cre-\\nated. Xo act of the General Assembly authorizing or creating corpora-\\ntions or associations, with hanking powers, whether of issue, deposit, or\\ndiscount, nor amendments thereto, shall go into effect, OT in any manner\\nbe in force, unless the same shall be submitted to a vote of the people at\\nthe general election next succeeding the passage of the same, and be ap-\\nproved by a majority of all the votes cast at such an election for or\\nagainst such law.\\nS ti. Every stockholder in a banking corporation or institution shall\\nbe individually responsible and liable to its creditors, over and above the\\namount of stock by him or her held, to an amount equal to his or her\\nrespective shares so held, for all its liabilities accruing while he or she\\nremains such stockholder.\\nS 7. The suspension of specie payments by banking institutions, on\\ntheir circulation, created by the laws of this State, shall never be per-\\nmitted or sanctioned. Every banking association now, or which may\\nhereafter be, organized under the laws of this State, shall make and\\npublish a full and accurate quarterly statement of its affairs (which\\nshall be certified to, under oath, by one or more of its officers), as may\\nbe provided by law.\\nS 8. If a general banking law shall be enacted, it shall provide for", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0449.jp2"}, "450": {"fulltext": "240 THE GOVERNMENT OF ILLINOIS\\nthe registry and countersigning, by an officer of State, of all bills or\\npaper credit, designed to circulate as money, and require security, to\\nthe full amount thereof, to be deposited with the State treasurer, in\\nUnited States or Illinois State stocks, to be rated at ten per cent, below\\ntheir par value and in case of a depreciation of said stocks to the\\namount of ten per cent, below par, the bank or banks owning said stocks\\nshall be required to make up said deficiency, by depositing additional\\nstocks. And said law shall also provide for the recording of the names\\nof all stockholders in such corporation, the amount of stock held by\\neach, the time of any transfer thereof, and to whom such transfer is\\nmade.\\nRAILROADS\\n9. Every railroad corporation organized or doing business in this\\nState, under the laws or authority thereof, shall have and maintain a pub-\\nlic office or place in this State for the transaction of its business, where\\ntransfers of stock shall be made, and in which shall be kept, for public\\ninspection, books, in which shall be recorded the amount of capital stock\\nsubscribed, and by whom the names of the owners of its stock, and the\\namounts owned by them respectively the amount of stock paid in, and\\nby whom; the transfers of said stock; the amount of its assets and\\nliabilities, and the names and place of residence of its officers. The di-\\nrectors of every railway corporation shall, annually, make a report, under\\noath, to the auditor of public accounts, or some officer to be designated\\nby law, of all their acts and doings, which report shall include such mat-\\nters relating to railroads as may be prescribed by law. And the General\\nAssembly shall pass laws enforcing by suitable penalties the provisions\\nof this section.\\n10. The rolling stock and all other movable property belonging to\\nany railroad company or corporation in this State shall be considered\\npersonal property, and shall be liable to execution and sale in the same\\nmanner as the personal property of individuals, and the General Assem-\\nbly shall pass no law exempting any such property from execution and\\nsale.\\n8 11. No railroad corporation shall consolidate its stock, property,\\nor franchise with any other railroad corporation owning a parallel or\\ncompeting line; and in no case shall any consolidation take place except\\nupon public notice given, of at least sixty days, to all stockholders, in\\nsuch manner as maybe provided bylaw. A majority of the directors\\nof any railroad corporation, now incorporated or hereafter to be incor-\\nporate! by the laws of this State, shall be citizens and residents of this\\nState\\ng 12. Railways heretofore constructed, or that may hereafter be con-\\nstructed in this state, are hereby declared public highways, and shall be\\nfree to all persons, for the transportation of their persons and property", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0450.jp2"}, "451": {"fulltext": "CONSTITUTION 241\\nthereon, under such regulations as may be prescribed by law. And the\\nGeneral Assembly shall, from time to i inn-, pass laws establishing reason-\\nable max iui u in rates of charges for the transportation of passengers and\\nfreight n the different rail mads in this State.\\n8 13. No railroad corporal ton shall issueanj slock or bonds, except for\\nmoney, labor, or property, actually received, and applied to the purpose\\nfor which Buch corporation was created; and all stock dividends, and\\nother fictitious increase of capital stock or indebtedness of any such cor-\\nporation, shall he void. The capital stock Of no railroad corporation\\nshall be increased for anj purpose, excepl upon giving sixty days 1 public\\nnotice, in such manner as ma\\\\ be provided h\\\\ law.\\n14. The exercise of the power and the right of eminent domain\\nshall never he so construed or abridged as to prevent the taking, by the\\nGeneral Assembly, of the property and franchises of incorporated com-\\npanies already organized, ami subjecting them to the public necessity the\\nsame as of individuals. The right of trial by Jury -hall he held inviolate\\nin all trials of claims for compensation, when, in the exercise of the\\nsaid right of eminent domain, any incorporated company -hall he inter-\\nested either for or against the exercise of -.aid right.\\nla. The General Assembly shall pass law- to correct abuses ami\\nprevent unjust discrimination and extortion in the rates of freight and\\npassenger tariffs on the different railroads in this state, and enforce\\nsuch laws, by adequate penalties, to the extent, if necessary for that\\npurpose, of forfeiture of their property and franchises.\\nARTICLE XII\\nMILITIA\\n1. The militia of the State of Illinois shall consist of all able-\\nbodied male persons, resident in the state, between the ages of eighteen\\nand forty-live, except such persons as now are, or hereafter ma\\\\ he,\\nexempted hy the laws of the United States, or of this State.\\ni; 2. The General Assembly, in providing for the organization,\\nequipment, and discipline of tin- militia, shall conform as nearly as prac-\\nticable to the regulations for the government of the armies of the United\\nStates.\\n3. All militia officers shall he commissioned by the governor, and\\nmay hold their commissions for such time as the General Assembly may\\nprovide.\\n4. The militia shall, in all cases, except treason, felony, or breach\\nof the peace, he privileged from arrest during their attendance at musters\\nand elections, and in going to and returning from the same.\\n5. The military records, banners, and relics of the State shall be\\npreserved as an enduring memorial of the patriotism and valor of Illi-\\n16", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0451.jp2"}, "452": {"fulltext": "242 THE GOVERNMENT OF ILLINOIS\\nnois, and it shall be the duty of the General Assembly to provide by law\\nfor the safe keeping of the same.\\nS li. No person having conscientious scruples against bearing arms,\\nshall be compelled to do militia duty in time of peace. Provided, such\\nperson shall pay an equivalent for such exemption.\\nARTICLE XIII\\nWAREHOUSES\\n1. All elevators or storehouses where grain or other property is\\nstored for a compensation, whether the property stored be kept separate\\nor not, arc declared to be public warehouses.\\n2. The owner, lessee, or manager of each and every public warehouse\\nsituated in any town or city of not less than one hundred thousand\\ninhabitants, shall make weekly statements under oath, before some offi-\\ncer to be designated by law, and keep the same posted in some conspicu-\\nous place in the office of such warehouse, and shall also file a copy for\\npublic examination in such place as shall be designated by law, which\\nstatement shall correctly set forth the amount and grade of each and\\nevery kind of grain in such warehouse, together with such other prop-\\nerty as may be stored therein, and what warehouse receipts have been\\nissued, and are, at the time of making such statement, outstanding\\ntherefor and shall, on the copy posted in the warehouse, note daily such\\nchanges as may be made in the quantity and grade of grain in such ware-\\nhouse and the different grades of grain shipped in separate lots, shall\\nnot be mixed with inferior or superior grades, without the consent of the\\nowner or consignee thereof.\\n3. The owners of property stored in any warehouse, or holder of a\\nreceipt for the same, shall always be at liberty to examine such property\\nstored, and all the books and records of the warehouse, in regard to such\\nproperty.\\n4. All railroad companies and other common carriers on railroads\\nshall weigh or measure grain at points where it is shipped, and receipt\\nfor the full amount, and shall be responsible for the delivery of such\\namount to the owner or consignee thereof, at the place of destination.\\n8 5. All railroad companies receiving and transporting grain in bulk\\nor otherwise shall deliver the same to any consignee thereof, or any\\nelevator or public warehouse to which it may be consigned, provided\\nsuch consignee or the elevator or public warehouse can be reached by\\nany 1 rack owned, leased, or used, or which can be used, by such railroad\\ncompanies; and all railroad companies shall permit connections to be\\nmade with their track, so that any such consignee, and any public ware-\\nhouse, coal bank, or coal yard, may be reached by the cars on said\\nrailroad.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0452.jp2"}, "453": {"fulltext": "CONSTITUTION 243\\n8 0. It shall be the duty of the General Assembly to pas? all neces-\\nsary laws to prevenl the Issue of false and fraudulent warehouse receipts,\\nand to give full effect to this article of the Constitution, which shall be\\nliberally construed so as to protect producer^ and shippers. And the\\nenumeration of the remedies herein named shall not be construed to\\ndeny to the General Assembly the power to prescribe by law Buch other\\nand further remedies as may be found expedient, or to deprive any per-\\nson of existing common law remedies.\\n7. The General Assembly shall pass laws for the inspection of\\ngrain, for the protection of producers, shippers, and receivers of grain\\nand produce.\\nARTICLE XIV\\nAMENDMENTS TO THE CONSTITUTION\\n8 1. Whenever two-thirds of the members of each house of the Gen-\\neral Assembly shall, by a vote entered upon the journals thereof concur\\nthat a convention is necessary to revise, alter, or amend the Constitu-\\ntion, the question shnll be submitted to the electors at the next general\\nelection. If a majority voting at the election vote for a convention, the\\nGeneral Assembly shall, at the next session, provide for a convention,\\nto consist of double the number of members of the Senate, to be elected in\\nthe same manner, at the same places, and in tin- same districts. The Gen-\\neral Assembly shall, in the act calling the convention, designate the day.\\nhour, and place of its meeting, fixing the pay of its members and officers,\\nand provide for the payment of the same, together with the expenses\\nnecessarily incurred by (lie convention in the performance of its duties.\\nBefore proceeding, the members shall take an oath to support tin- Consti-\\ntution of the United States, and of the State of Illinois, and to faithfully\\ndiscbarge their duties as members of the convention. The qualification\\nof members shall be the same as that of members of the Senate, and\\nvacancies occurring shall be filled in the manner provided for filling\\nvacancies in the General Assembly. Said convention shall meet within\\nthree months after such election, and prepare such revision, alteration.\\nor amendments of the Constitution as shall be deemed necessary, which\\nshall be submitted to the electors for their ratification or rejection, at\\nan election appointed by the convention for that purpose, not less than\\ntwo nor more than six months after the adjournment thereof; and\\nunless so submitted and approved, by a majority of the electors voting\\nat the election, no such revision, alteration, or amendments shall take\\neffect.\\n2. Amendments to this Constitution may be proposed in either\\nhouse of the General Assembly, and if the same shall be voted for by\\ntwo-thirds of all the members elected to each of the two houses, such\\nproposed amendments, together with the yeas and nays of each house", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0453.jp2"}, "454": {"fulltext": "244 THE GOVERNMENT OF ILLINOIS\\nthereon, shall be entered in full on their respective journals, and said\\namendments shall be submitted to the electors of this state for adoption\\nor rejection, at the next election of members of the General Assembly,\\nin such manner as may be prescribed by law. The proposed amend-\\nments shall be published in full at least three months preceding the\\nelection, and if a majority of the electors voting at said election shall\\nvote for the proposed amendments, they shall become a part of this\\nConstitution. But the General Assembly shall have no power to propose\\namendments to more than one article of this Constitution at the same\\nsession, nor to the same article oftener than once in four years.\\nSECTIONS SEPARATELY SUBMITTED\\nILLINOIS CENTRAL RAILROAD\\nNo contract, obligation, or liability whatever, of the Illinois Central\\nRailroad Company, to pay any money into the State treasury, nor any\\nlien of the State upon, or right to tax, property of said company, in\\naccordance with the provisions or the charter of said company, approved\\nFebruary tenth, in the year of our Lord one thousand eight hundred and\\nfifty-one, shall ever be released, suspended, modified, altered, remitted, or\\nin any manner diminished or impaired by legislative or other authority\\nand all moneys derived from said company, after the payment of the\\nState debt, shall be appropriated and set apart for the payment of the\\nordinary expenses of the State government, and for no other purposes\\nwhatever.\\nMINORITY REPRESENTATION\\n(See Sections 7 and 8, Article 4)\\nMUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS\\nNo county, city, town, township, or other municipality shall ever be-\\ncome subscriber to the capital stock of any railroad or private corpora-\\ntion, or make donation to or loan its credit in aid of such corporation.\\nProvided, however, that the adoption of this article shall not be construed\\nas affecting the right of any such municipality to make such subscrip-\\ntions where the same have been authorized, under existing laws, by a\\nvote of the people of such municipalities prior to such adoption.\\nThe Illinois and Michigan Canal shall never be sold or leased until\\nthe specific proposition for the sale or lease thereof shall first have been\\nsubmitted to a vote of the people of the State, at a general election, and\\nhave been approved by a majority of all the votes polled at such election.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0454.jp2"}, "455": {"fulltext": "CONSTITUTION 245\\nThe General Assembly shall never loan the credit of th r make\\nappropriations from the treasury thereof in aid of railroads or canals.\\nProvided^ that any surplus earnings of any canal may be appropriated\\nfor Its enlargement or extension.\\nconvict LABOH\\nHereafter it shall be unlawful for the commissioners of any peniten-\\ntiary, or other reformatory Institution In the State of Illinois, to lei by\\ncontract to any person r persons, or corporations, tin- Labor f anj\\nconvict confined within said Institution.\\nSCHEDULE\\nThe so-called Schedule f a Constitution makes a series \u00c2\u00bbf pro-\\nvisions for the change from government under the former Constitution\\nto government under the new one. As these provisions are necessarily\\ntemporary in their character, they are omitted in this place. The Re-\\nvised Statutes contain them in full.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0455.jp2"}, "456": {"fulltext": "246 THE GOVERNMENT OF ILLINOIS\\nANALYSIS OF THE ILLINOIS CONSTITUTION\\nTABLE I\\nI. The Preamble the enacting clause).\\nII. The Land and Its Boundaries (Art. I.).\\nIII. Suffrage definition of the political people) (Art. VII.).\\nIV. The Structure and Functions of Government (Arts. III.-VL,\\nVIII.-XIIL).\\n(1) The General State Government (see Table II.).\\n(2) Local Government (see Table III.).\\nV. The Bill of Rights general restrictions on the powers of\\ngovernment) (Art. II.).\\nVI. Amendments (Art. XIV.).\\nTABLE II\\nTHE GENERAL STATE GOVERNMENT\\nI. Distribution of Powers (Art. III.).\\nII. The Legislature (Art. IV.).\\n(1) Structure (Art, IV, \u00c2\u00a7\u00c2\u00a71,2, 6-8).\\n(2) Qualifications for membership, and disqualifications of\\nmembers (Art. IV., 3-5, 15).\\n(3) Privileges of members (Art. IV., 14, 21).\\n(4) Powers and duties of the separate houses (Art. IV., 9,\\n10, 24).\\n(5) Procedure (Art. IV., 11-13).\\n(6) Powers and duties in general (Art. IV., 18, 25, 29-32).\\n(7) Restrictions (Art. IV., 16-20, 22, 23, 25-28, 33).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0456.jp2"}, "457": {"fulltext": "ANALYSIS OF THE ILLINOIS CONSTITUTION 247\\n(8) Special fields of legislation\\n(a) Revenue (Art. IX.).\\n(jb) Education (Art. VIII.).\\n(c) Corporations (Art. XI., also second separate section).\\n(d) Warehouses (Art. XIII.).\\n(e) Public works (first and third separate sections).\\nIII. The Executive (Art. V.).\\n(1) Structure (Art. V.. 1-4, 24).\\n(2) The governor\\n(a) Qualifications (Art. V., 5).\\n(jb) Powers and duties (Art. V., 6-1 1, 10).\\n(3) The. lieutenant-governor (Ait. V., 1. 17-19).\\n(4) The. executive departments\\n(a) Structure (Art. V.. 1-4. 30).\\n(6) Powers and duties (Art. V., gf 20-.\\n(5) The State military (Art. V.,% ll Art. XII.).\\n(6) Privileges of officers (Art. V.,\\n(7) Responsibility of officers (Art. V., 16 Art. IV.. \u00c2\u00a724).\\nIV. The Judiciary (Art. VI.).\\n(1) Structure of courts (Art. VI., 1-0. 0-11. 18-15, IT, is,\\n20-21. 20-20, 32, 33).\\n(2) Jurisdiction of courts (Art. VI.. \u00c2\u00a7\u00c2\u00a78, 12. 16, 18-31).\\n(3) Powers and duties of judges (Art VI., 81, 32).\\n(4) Privileges of judges (Art. VI., 7. 10. 25, 82).\\n(5) Responsibility of judges (Art. VI., \u00c2\u00a730).\\nTABLE III\\nLOCAL GOVERNMENT\\nI. Counties (Art. X.).\\n(1) Organization (Art. X.. 1-3.)\\n(2) County seats (Art. X., 4).\\n(3) County government (Art. X.. 5-7).\\n(4) County officers (Art. X., 8-13).\\nII. Towns (Art. X., 5 Art, IV., 22).\\nIII. Municipal Corporations (Art. XI., 1, 2, 4).\\nIV. Restrictions on Local Authorities (second separate section).", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0457.jp2"}, "458": {"fulltext": "248 THE GOVERNMENT OF ILLINOIS\\nII. GOVERNORS OF ILLINOIS\\nTHE NORTHWEST TERRITORY\\nArthur St. Clair.\\nINDIANA TERRITORY\\nWilliam Henry Harrison.\\nILLINOIS TERRITORY\\nNinian Edwards (1809-1818).\\nTHE STATE OF ILLINOIS\\nUnder the Constitution of 1818 the election was held on the\\nfirst Monday in August, and the governor s term began on the first\\nMonday in December. Under the Constitution of 1848 the first elec-\\ntion was held on the Tuesday next after the first Monday in Novem-\\nber, 1848, and thereafter an election was to be held quadrennially.\\nThe term of the first governor elected was to begin on the second\\nMonday in January, 1849. The term was still four years. The\\nConstitution of 1870 made no changes.\\nShadrach Bond 1818-1822\\nEdward Coles 1822-1826\\nNinian Edwards 182G-1830\\nJohn Reynolds 1830-1834\\nW. L. D. EwiNGf... 1834\\nJoseph Duncan 1834-1838\\nThomas Carlin 1838-1842\\nThomas Ford 1842-1846\\nJohn Boyle, of Kentucky, was appointed, but declined.\\ntin 1834 there was a vacancy in the office of lieutenant-governor, and W. L. D.\\nEwing, a senator, was chosen president of the Senate. Governor Reynolds was\\nelected to Congress to fill out an unexpired term, and set out for Washington in\\nNovember. Mr. Ewing, accordingly, became acting-governor, an office which he\\nheld for fifteen days.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0458.jp2"}, "459": {"fulltext": "GOVERNORS OF ILLINOIS 249\\nAugustus C. French* -j J|SlJ|^\\nJoel A. Matteson 185 -1857\\nWilliam II. Bissell. 1867-186]\\nRichard Yates 1861-1863\\nRichard J. Oglesby 1865-1860\\nJohn M. Palmer 1869-1\\nRichard J. Oglesby l*? i\\nJohn L. Beveridge 1873-1877\\no r, U877-188\\nShelby M. Cullom 1881\u00e2\u0080\u0094 1C\\nJohn M. Hamilton 1888-1885\\nRichard J. Oglesby 1885-1889\\nJoseph W. Fifer 1889-1893\\nJohn P. Altgeld 1893-1897\\nJohn W. Tanner 1897-1901\\nSee note at head of list of governors of the SUta", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0459.jp2"}, "460": {"fulltext": "250 THE GOVERNMENT OF ILLINOIS\\nIII. PRESIDENTS OE THE UNITED STATES\\nGeorge Washington Virginia 1789-1797\\nJohn Adams Massachusetts 1797-1801\\nThomas Jefferson Virginia 1801-1809\\nJames Madison Virginia 1809-1817\\nJames Monroe Virginia 1817-1825\\nJohn Quincy Adams Massachusetts 1825-1829\\nAndrew Jackson Tennessee 1829-1837\\nMartin Van Buren New York 1837-1841\\nWilliam Henry Harrison* Ohio 1841\\nJohn Tyler f Virginia 1841-1845\\nJames Knox Polk Tennessee 1845-1849\\nZachary Taylor .Louisiana 1849-1850\\nMillard Fillmore f New York 1850-1853\\nFranklin Pierce New Hampshire 1853-1857\\nJames Buchanan Pennsylvania 1857-1861\\nAbraham Lincoln Illinois 1861-1865\\nAndrew Johnson f Tennessee 1865-1869\\nUlysses Simpson Grant Illinois 1869-1877\\nRutherford Birchard Hayes. .Ohio 1877-1881\\nJames Abram Garfield Ohio 1881\\nChester Allan Arthur New York 1881-1885\\nGrover Cleveland New York 1885-1889\\nBenjamin Harrison Indiana 1889-1893\\nGrover Cleveland New York 1893-1897\\nWilliam McKinley Ohio 1897\\nDied in office.\\nt Succeeded as Vice-President on the death of the President.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0460.jp2"}, "461": {"fulltext": "ELECTORAL VOTES 251\\nIV. ELECTORAL VOTES CAST BY ILLINOIS\\nYEAH BLXOTOB8\\nWKKK CHOSEN\\n1820. Jambs Monroe 3\\n1824. Andrew Jackson 2\\n1821. John QuiNCY ADAMS 1\\n1828. Andrew Jackson\\n1832. Andrew Jackson 5\\n1836. Martin Van Buren* 6\\n1840. Martin Van lit kin 5\\n1844. JAMES K. Polk 9\\n1848. Lewis Cass 9\\n1852. Franklin Pierce* 11\\n1856. James Buchanan* 11\\n18G0. Abraham Lincoln 11\\n1864. Abraham Lincoln 11\\n1868. Ulysses S. Grant 11\\n1872. Ulysses S. Grant 81 J\\n1876. Rutherford B. Hayes* 21\\n1880. James A. Garfield 21\\n1884. James G. Blaine 22\\n1888. Benjamin Harrison 22\\n1892. Groyer Cleyeland 24\\n1896. William McKinley 24\\nElected.\\nt Elected by the House of Representatives, as there was no choice by the electors.\\nX Number of electors increased in accordance with congressional apportionment.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0461.jp2"}, "462": {"fulltext": "252 THE GOVERNMENT OF ILLINOIS\\nV. THE CONGRESSIONAL DISTRICTS OF\\nILLINOIS\\n{Apportionment of 1893)\\nFirst The towns of Rich, Bloom, Orland, Bremen, Thornton,\\nCalumet, and Worth, in Cook County, and the fourth ward cast of\\nthe centre line of Wentworth Avenue, the third ward, the thirty-first\\nward, the thirty-second ward, the thirty-third ward, and the thirty-\\nfourth ward, in Chicago.\\nSecond The towns of Lemont, Palos, Lyons, Proviso, Riverside,\\nCicero, Leyden, Norwood Park, Maine, Elk Grove, Schaumburg, and\\nHanover, in Cook County, and the tenth, twenty-eighth, twenty-\\nninth, and thirtieth wards of the city of Chicago.\\nThird\u00e2\u0080\u0094 First, second, fifth, sixth, seventh wards, and that part\\nof the fourth ward west of the centre line of Wentworth Avenue, all\\nin the city of Chicago.\\nFourth Eighth, ninth, twelfth, and nineteenth wards of the city\\nof Chicago.\\nFifth Eleventh, thirteenth, sixteenth, eighteenth, and seven-\\nteenth wards of the city of Chicago.\\nSixth Twentieth, twenty-first, twenty-second, twenty-third, and\\ntwenty-fourth wards, also that part of the twenty-fifth ward south\\nof the centre line of Diverse y Street and west of the centre line of\\nIlalsted Street, and that part of the twenty-sixth ward south of the\\ncentre line of Belmont Avenue, all in the city of Chicago.\\nSeventh Fourteenth, fifteenth, and twenty-seventh wards, the\\ntwenty-fifth ward, except that part south of the centre line of\\nDiversey Street and west of the centre line of Ilalsted Street\\nthat part of the twenty-sixth ward north of the centre line of Bel-\\nmont Avenue, in the city of Chicago; also the towns of Evanston,\\nNiles, New Trier, Xorthfield, Wheeling, Palatine, and Barrington,\\nin Cook County, and the county of Lake.\\nEighth\u00e2\u0080\u0094 McIIenry, De Kalb, Kane, Du Page, Kendall, and Grundy\\ncounties.\\nNinth Boone, Winnebago, Stephenson, Jo Daviess, Carroll, Ogle,\\nand Lee.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0462.jp2"}, "463": {"fulltext": "CONGRESSIONAL DISTRICTS 253\\nTenth Whiteside, Rock Island, Mercer, Henry, Knox, and Stark.\\nEleventh Bureau, La Salle, Livingston, and Woodford.\\nTwelfth, Will, Kankakee, Iroquois, and Vermilion.\\nThirteenth Ford, McLean, De Witt, Piatt, Champaign, and\\nDouglas.\\nFourteenth Putnam, Marshall, Peoria, Fulton, Tazewell, and\\nMason.\\nFifteenth Henderson, Warren, Hancock, McDonough, Adams.\\nBrown, and Schuyler.\\nSixteenth Cass, Morgan, Scott, Pike, Green, Macoupin, Calhoun,\\nand Jersey.\\nSeventeenth Menard, Logan, Sangamon, Macon, and Christian.\\nEighteenth Madison, Montgomery, Bond, Payette, Shelby, and\\nMoultrie.\\nNineteenth Coles, Edgar, Clark, Cumberland, Effingham, Jasper,\\nCrawford, Richland, and Lawrence.\\nTwentieth Clay, Jefferson, Wayne. Hamilton, Edwards, Wabash,\\nFranklin, White, Gallatin, and Hardin.\\nTwentyifirat\u00e2\u0080\u0094 Marion, Clinton, Washington, St. Clair, Monroe,\\nRandolph, and Perry.\\nTwenty -second Jackson, Union, Alexander, Pulaski, Johnson,\\nWilliamson, Saline, Pope, and Massac.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0463.jp2"}, "464": {"fulltext": "254 THE GOVERNMENT OF ILLINOIS\\nVI. THE STATE SENATORIAL DISTRICTS OF\\nILLINOIS\\n(Apportionment of 1898)\\nFirst The first, second, and fifth wards, in the city of Chicago, in\\nthe county of Cook.\\nSecond The tenth ward and that part of the twelfth ward lying\\nwest of the centre line of Robey Street, in the city of Chicago, in\\nthe county of Cook.\\nTliird The thirty-first, thirty-third, and the thirty-fourth wards\\nin the city of Chicago, in the county of Cook.\\nFourth The twenty-eighth and twenty-ninth wards and that part\\nof the sixth ward lying west of the south fork of the south branch\\nof the Chicago river, in the city of Chicago, and the town of Cicero,\\nall in the county of Cook.\\nFifth The thirtieth and thirty-second wards, in the city of Chi-\\ncago, in the county of Cook.\\nSixth The fifteenth, twenty-sixth, and twenty-seventh wards, in\\nthe city of Chicago, in the county of Cook.\\nSeventh The towns of Thornton, Bloom, Rich, Bremen, Orland,\\nLemont, Palos, Worth, Lyons, Proviso, Leyden, Elk Grove,\\nSchaumburg, Hanover, Barrington, Palatine, Wheeling, Northfield,\\nNew Trier, and Riverside, and those parts of the towns of Calumet,\\nNorwood Park, Maine, Niles, and Evanston lying outside of the city\\nof Chicago, all in the county of Cook.\\nEighth\u00e2\u0080\u0094 The counties of Lake, McIIenry, and Boone.\\nNinth The third and fourth wards and that part of the sixth\\nward lying east of the south fork of the south branch of the Chi-\\ncago River, in the city of Chicago, in the county of Cook.\\nTenth\u00e2\u0080\u0094 The counties of Winnebago and Ogle.\\nEleventh The thirteeth and fourteenth wards, in the city of Chi-\\ncago, in the county of Cook.\\nTwelfth\u00e2\u0080\u0094 The counties of Stephenson, Jo Daviess, and Carroll.\\nThirteenth The seventh and eighth wards, in the city of Chicago,\\nin the county of Cook.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0464.jp2"}, "465": {"fulltext": "STATE SENATORIAL DISTRICTS 265\\nFourteenth The county of Kane.\\nFifteenth The ninth ward and that part of the eleventh ward\\nlying south of the centre line of Lake street, and west of the centre\\nlines of Sheldon Street and Loomia Street, and that pari of the\\ntwelfth ward lying east of the centre line of Robey Street, in the\\ncity of Chicago, in the county of Cook.\\nSixteenth The counties of Kankakee and Iroqui\\nSeventeenth The sixteenth and seventeenth wards, and that pari\\nof the eleventh ward lying north the centre line of Lake Street, in\\nthe city of Chicago, in the county of Cook.\\nEighteenth The counties of Ford, Livingston, ami Woodford.\\nNineteenth The eighteenth and nineteenth wards and that pari\\nof the eleventh ward lying south of the centre Line of Lake Street\\nand east of the centre line of Sheldon Street and Loomis Street, in\\nthe city of Chicago, in the coiintv of Cook.\\nTwentieth The counties of Knox, Marshall, Putnam, and\\nStark.\\nTwenty-first The twenty-first, twenty-second, and twenty-fifth\\nwards in the city of Chicago, in the county of Cook.\\nTwenty-second The counties of McLean and Tazewell.\\nTwenty-third The twentieth, twenty-third, ami twenty-fourth\\nwards, in the city of Chicago, in the county of Cook.\\nTwenty-fourth The county of Peoria.\\nTwenty -fifth The counties of Will and Du Page.\\nTwenty-sixth The counties of McDonough, Warren, and Fulton.\\nTwenty-seventh\u00e2\u0080\u0094 -The county of La Salle.\\nTwenty-eighth The counties of Hancock. Henderson, and Mercer.\\nTwenty-ninth The counties of De Kail). Kendall, and Grundy.\\nThirtieth The counties of Champaign. Piatt, and Moultrie.\\nThirty-first The counties of Bureau, Whiteside, and Lee.\\nThirty-second\u00e2\u0080\u0094 The counties of Mason. Menard. Cass, Brown, and\\nSchuyler.\\nThirty -third\u00e2\u0080\u0094 The counties of Rock Island and Henry.\\nThirty-fourth The counties of Morgan, Scott, and Pike.\\nThirty-fifth The counties of Vermilion and Edgar.\\nThirty-sixth The counties of Green, Macoupin, Jersey, and Cal-\\nhoun.\\nTli irty -seventh The county of Adams.\\nThirty-eighth The counties of Madison and Bond.\\nThirty-ninth The county of Sangamon.\\nFortieth The counties of Douglas, Coles, and Clark.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0465.jp2"}, "466": {"fulltext": "256 THE GOVERNMENT OF ILLINOIS\\nForty-first The counties of Macon, De Witt, and Logan.\\nForty-second The counties of Fayette, Effingham, Clinton, and\\nMarion.\\nForty-third The counties of Christian, Montgomery, and Shelby.\\nForty -fourth The counties of Clay, Wayne, Edwards, Wabash,\\nand Lawrence.\\nForty-fifth The counties of Jasper, Crawford, Cumberland, and\\nRichland.\\nForty-sixth The counties of Jefferson, Hamilton, and White.\\nForty-seventh The counties of Washington, Perry, Franklin, and\\nWilliamson.\\nForty-eighth The counties of Monroe, Randolph, and Jackson.\\nForty-ninth The county of St. Clair.\\nFiftieth The counties of Union, Alexander, Pulaski, and Massac.\\nFifty-first The counties of Johnson, Pope, Hardin, Gallatin, and\\nSaline.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0466.jp2"}, "467": {"fulltext": "ELECTION DISTRICTS OF SUPREME COURT 257\\nVII. THE ELECTION DISTRICTS OF THE\\nSUPKBME COURT OF ILLINOIS\\nFirst District Counties of St. Clair, Clinton. Washington, Jef-\\nferson, Wayne, Edwards, Wabash, White, Hamilton. Franklin,\\nPerry, Randolph, Monroe, Jackson. Williamson, Saline, Gallatin,\\nHardin, Pope, Union, Johnson, Alexander, Pulaski, and MaooiC.\\nSecond District Counties of Madison, Bond, Marion, Clay,\\nRichland, Lawrence, Crawford, Jasper, Effingham, Payette, Mont-\\ngomery, Macoupin, Shelby, Cumberland, Clark, Green, Jersey, Cal-\\nhoun, and Christian.\\nThird District The counties of Sangamon. Macon, Logan,\\nDe Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Living-\\nston, Ford, Iroquois, Coles, Edgar, Moultrie, and TasewelL\\nFourth District The counties of Fulton. McDonongh, Hancock.\\nSchuyler, Brown, Adams, Pike, Mason. Menard, Morgan. Cass, and\\nScott.\\nFifth District Counties of Knox, Warren. Henderson, Mercer,\\nHenry, Stark, Peoria, Marshall, Putnam, Bureau, La Salle, Grundy,\\nand Woodford.\\nSi.rth District\u00e2\u0080\u0094 Counties of Whiteside. Carroll. Jo Daviess,\\nStephenson, Winnebago, Boone, Mellenry, Kane, Kendall, Dc Kalb,\\nLee, Ogle, and Rock Island.\\nSeventh District Counties of Lake, Cook, Will, Kankakee, and\\nDu Page.\\n17", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0467.jp2"}, "468": {"fulltext": "258 THE GOVERNMENT OF ILLINOIS\\nVIII. THE ILLINOIS JUDICIAL CIRCUITS\\n(Act of 1897)\\nFirst Circuit The counties of Alexander, Pulaski, Massac, Pope,\\nJohnson, Union, Jackson, Williamson, and Saline.\\nSecond Circuit The counties of Hardin, Gallatin, White, Hamil-\\nton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland,\\nLawrence, and Crawford.\\nThird Circuit The counties of Randolph, Monroe, St. Clair,\\nMadison, Bond, Washington, and Perry.\\nFourth Circuit The counties of Clinton, Marion, Clay, Fayette.\\nEffingham, Jasper, Montgomery, Shelby, and Christian.\\nFifth Circuit The counties of Vermilion, Edgar, Clark, Cumber-\\nland, and Coles.\\nSixth Circuit The counties of Champaign, Douglas, Moultrie,\\nMacon, De Witt, and Piatt.\\nSeventh Circuit The counties of Sangamon, Macoupin, Morgan,\\nScott, Greene, and Jersey.\\nEighth Circuit The counties of Adams, Schuyler, Mason, Cass,\\nBrown, Pike, Calhoun, and Menard.\\nNinth Circuit The counties of Knox, Warren, Henderson, Han-\\ncock, McDonough, and Fulton.\\nTenth Circuit The counties of Peoria, Marshall, Putnam, Stark,\\nand Tazewell.\\nEleventh Circuit The counties of McLean, Livingston, Logan,\\nFord, and Woodford.\\nTwelfth Circuit The counties of Will, Kankakee, and Iroquois.\\nThirteenth Circuit The counties of Bureau, La Salle, and Grundy.\\nFourteenth Circuit The counties of Rock Island, Mercer, White-\\nside, and Henry.\\nFifteenth Circuit The counties of Jo Davioss, Stephenson,\\nCarroll, Ogle, and Lee.\\nSixteenth Circuit The counties of Kane, Du Page, De Kalb, and\\nKendall.\\nSeventeenth Circuit\u00e2\u0080\u0094 The, counties of Winnebago, Boone, Mc-\\nHenry, and Lake.\\nThere is also a circuit in Cook County.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0468.jp2"}, "469": {"fulltext": "AREA AND POPULATION\\n25 J\\nIX. AREA AND POPULATION OF ILLINOIS AND\\nCHICAGO\\nILLINOIS\\nArea. 56,660 sq. m.\\nPOPULATION\\n1810 12,282\\n1820 55,162\\n1830 157,445\\n1840 476,183\\n1850 851.470\\n1860 1,711,951\\n1870 2,530,891\\n1880 3,077,871\\n1890 3,826,351\\nCHICAGO\\nPOPULATION\\n1837 4.17(\u00c2\u00bb...\\n1S40 4,479\\n1850 20,963\\n1860 109,206\\n1870 806,605\\n1880 491,516\\n1890 1,099,850.\\nART. A\\n2.55 sq. in.\\n180.20 sq. in.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0469.jp2"}, "470": {"fulltext": "260 THE GOVERNMENT OF ILLINOIS\\nX. KEFEEENCES AND ABBEEVIATIONS\\nREFERENCES\\n1. The government of Illinois is a government of law. In order\\nto know what it is, therefore, it is necessary to know the laws which\\ncreate it and in accordance with which it exists. These laws are (1)\\nthe Constitution of the United States (2) the statutes enacted by\\nthe Congress of the United States (3) treaties made by the United\\nStates with foreign nations or with the Indian tribes (4) the Con-\\nstitution of Illinois (5) the statutes enacted by the Illinois Legisla-\\nture (6) the ordinances made by City Councils, or by other bodies\\nduly authorized by the Legislature.\\n2. Every essential fact concerning the government of the State is\\nto be found in one or more of these sources. To these reference\\nshould always be made in case of doubt.\\n3. Various departments of government publish manuals, or\\nsome similar documents, usually each year, in which will be found\\nthe names of public officers and other facts of interest.\\n4. The Constitution of the United States* and the Constitution\\nof Illinois are in the Appendixes to this book.\\n5. The Statutes of Congress are gathered into a volume known as\\nthe Revised Statutes of the United States, with several smaller\\nvolumes called Supplements and containing laws made later than\\nthe date of the Revised Statutes.\\nThe Statutes at Large are a collection, in many volumes, of all\\nthe laws which Congress has ever made, arranged by years.\\n6. The Revised Statutes of Illinois are also collected into a\\nsingle volume one edition having several volumes.\\nThe Illinois Session Laws are the enactments of each Legisla-\\nture, arranged by years.\\n7. Cities usually publish collections of their laws and ordinances\\nas is also the case with other subordinate legislative authorities.\\n8. The treaties of the United States are published by the United\\nStates Government in a volume called Treaties and Conventions of\\nPart I., p. 104.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0470.jp2"}, "471": {"fulltext": "REFERENCES AND ABBREVIATIONS 261\\nthe United States. Those made later than the publication of this\\nvolume may be found in other public documents, which may usually\\nbe obtained from a member of Congress.\\nABBREVIATIONS\\nThe following abbreviations are used in this book\\nU. S. Const. Constitution of the United States.\\n111. Const. or simply Const. Constitution of Illinois. Cita-\\ntions to the Illinois Constitution if not in foot-notes are some\\ntimes made by noting merely the article and sect inn (e. g\u00e2\u0080\u009e Art.\\nX., 1).\\nU. S. Rev. Stat. Revised Statutes of tin- United St.-,\\n111. Rev. Stat. or simply ReT. Stat. Illinois Revised Stat utes,\\nL. 0. Laws and Ordinances of Chicago.\\nDonaldson Donaldson s The Public Domain.", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0471.jp2"}, "472": {"fulltext": "", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0472.jp2"}, "473": {"fulltext": "INDEX\\nPAGE\\nAdjournment of legislature *i7. 78\\nAmendment of constitution 52 I\\nAppellate courts 119, 190\\nAppointments 86, 76, 77, 105-197\\nApportionment 57\\nArticles of Confederation 7\\nAsylums 97, 96\\nAssault and battery 134\\nAssessment 161\\nAssessments, Bpecial 159\\nAssessors 152\\nAssessor, town 189, 188\\nAttorney,\\nCity 141, 143\\nprosecuting l 13\\nAttorney-General s\\nAuditor, State 86\\nAuditors, town 186\\nAustralian ballot 50, 51\\nBail 177\\nBallot 50,51\\nBanks 190\\nBase line 89, 84, 87\\nBicameral legislature 56\\nBill of Rights 171-198\\nBoard\\nof Dental Examiners 101\\nof Education 169\\nof Health, State 100\\nof Pharmacy 101\\nBoards, State 100-108\\nBoundaries of Illinois 19, 20, 25, 45\\nCahokia 10, 13, 17\\nCapitals of Illinois 23\\nCapitol, State 110\\nCession of West to United States.. 11\\nCharities, State 9 100\\nChicago 23. 134. 141, 168\\nschools 160\\nCircuit courts 118\\nCities 137-140\\nCivil rights 170\\nService Commission 148\\nservice reform 148\\nClerk, city 141\\nClerks of courts 126, 129\\nCollector,\\ncity 142\\ntown 132, 133\\nCollectors, United States 205. 906\\nCommon Council 138, 139\\nCommissioner\\nof buildings 143\\nof health Ill\\nof public works 1 \u00c2\u00a32\\nCommission of Claims ill\\nCommitment 17*\\nCommon law 117\\nComptroller 149\\nlongressional district-\\nConstables 185, 186\\nConstitutions of Illinois 29, 18,56\\nConstitution of the United States 8\\nConvention, constitutional.. 83, 84\\nCook County 84, 119, 195, 196, 184\\nCoroner 196, 198\\nCorporations 188 190\\non nt ies 28, 99, 1 28, 1 81\\nCounty commissioners 195, 185, 13\\nboard 194,185, 186\\nclerk 196, 197\\nCounsel, corporation 148\\nCourts of la w 117-192\\nCounty court 130\\nsurveyor 196, 199\\ntreasurer 196, 13!\\nCourt 182\\nCourts, United states 201-904\\nCrimes, infamous 49\\nCriminal laws 115\\nDepartments, administrative\\nDebt, public 154, 164, 184\\nDirectors, school 158\\nDomicile 48\\nDrainage 145, 146\\nDue process Of law 170, 175\\nDuties\\nof administrative officers 85,86\\nof governor 80\\nof legislature 70\\nEducation 155-165\\ncompulsory 156\\nElections 58, 192, 197\\ncity 138\\nElection districts 41\\nElections, presidential 198-201\\nEminent domain 185\\nEnabling Act for Illinois 20\\nEnglish colon ies 4-7\\nEqualization of taxes 112\\nExecutive department 74\\nEx post facto law 181", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0473.jp2"}, "474": {"fulltext": "264\\nINDEX\\nPAGE\\nExemptions from tax 153\\nExpulsion from legislature 03\\nFanners 1 Institute, Illinois 105\\nFederal government 166\\nFelony 134\\nFire marshal 144\\nFort Chartres 27\\nDearborn 23, 24\\nFreedom\\nof religion 173\\nof speech 114\\nGame wardens 107\\nGerrymander 57, 198\\nGovernment 54, 55\\nof English colonies 3\\nGovernor 75\\nGrand jury 178, 179\\nHabeas corpus 180\\nHighway commissioner 133\\nHorticultural Society, State 105\\nIllinois,\\na State 20\\nand Michigan Canal 109\\nCentral Railroad 109\\nTerritory 18\\nunder France 12\\nunder Great Britain 13\\nunder Virginia 13\\nImpeachment 65\\nIndiana,\\nboundaries 18\\nTerritory 17\\nIndians in Illinois 26\\nIndictment 178\\nInfamous crime 49, 134\\nInspection, city 145\\nInsurance companies. 190\\nJudicial districts 40, 41\\nJury.... 134\\nJustice of the peace 134, 136\\nKaskaskia. .10, 13, 16, 19, 21, 22, 23, 27\\nLand claims of States 9, 10\\nLegislation, method of 71\\nLegislature 56-72\\nLibraries, state 95\\nLientenant-( lovernor 82\\nLibel 174\\nLotteries 191\\nMandamus. 122\\nMayor 140\\nMenard, Pierre 83\\nMinority representation 59\\nMisdemeanor 134\\nNational Guard 89\\nNaval militia 90\\nNormal schools 93\\nNorthwest Territory 14\\nPAGE\\nOath 60\\nOath of governor 81\\nObligations 114\\nOrdinance of 17 87 14, 91\\nOrganization of legislature 83\\nPardons, State Board of 113\\nParks 145\\nParole system 1(7\\nPenalties 181\\nPetition 175\\nPhysician, city 1 44\\nPoll tax 150\\nPopulation of Illinois 19\\nPort of entry 205\\nPost-offices 204\\nPowers of legislature 69\\nPreamble 43\\nPresident, village 147\\nPrincipal meridian 32, 34, 36\\nPrivileges 60\\nProbate courts 131\\nProhibitions on States 1 67-171\\nProperty,\\nreal and personal 151\\ntax 151\\nProportional representation 58\\nPublic works, city 142\\nQualifications, legislative 59\\nQuorum 67\\nRailroads 190\\nRecorder of deeds 126, 129\\nReformatory 98\\nRemoval from office 78\\nRepresentatives 195\\nRevenue, public 150-154\\nReview, Board of 153\\nRevised Statutes, Illinois 116\\nRights 114\\nSalary..6t, 76, 82, 85, 118, 121, 130, 150, 203\\nSchool\\ndistricts 42\\nfunds 161-163\\nlaw 92\\nSecretary of State 86\\nSections 31, 33\\nSenate 56, 58, 59, 65\\nSenatorial districts 40\\nSenators, United States 194\\nSettlement of North America 3, 4\\nSheriff 126, 127\\nSlavery 169\\nSpringfield 23\\nStalT. 89\\nState 46\\nState s attorney 126, 128\\nSt. Clair County 16\\nSuffrage 47-52, 171\\nSuperintendent,\\ncounty 126, 128\\nof police 144\\nState 86\\nSuperintendents, city 142", "height": "3239", "width": "1997", "jp2-path": "governmentc00youn_0474.jp2"}, "475": {"fulltext": "INDEX\\n265\\nPAGE\\nSupervisors 125, 132, 133\\nSupreme Court 120-122\\nTax 150,161,li;. 188\\nTeachers loi\\nTerritorial government, second grade 17\\nTowns 29, 80, 81, 121, 131, 186, 186\\nTown meeting 18S\\nTorrene Bystem 129, 180\\nTown clerk 182, 188\\nTownships. .80, 31, 32, 33, 3 J, 37, 12 J, 166\\nTreasurer,\\ncity 140, 111, 142\\nState h;\\nPAGE\\nTrustees,\\nschool 150, 157\\nvillage 147\\nOnivereity, state M\\nVacancy in office 82, 87\\nVandalla 28\\nVeto 79\\nVillages 137, 146-148\\nVoting,\\nSee Suffrage.\\nmachine 51\\nWarrant 170", "height": 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