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INTRODUCTORY NOTE.

This volume is compiled in compliance with an order of the Board of Railroad and Warehouse Commissioners of the State of Illinois. The provisions of the law relating to railroads and warehouses being embodied in the bulky form of the Revised Satutes of 1874, coupled with the fact that some very important legislation on these subjects is contained in the session laws of 1875 and 1877, led the Commissioners to regard this compilation not only as a matter of convenience, but almost a necessity. It contains all the provisions directly relating to railroads and warehouses, and also the provisions of a general character in which those subjects are incidentally included, as in the chapters on “ Corporations” and “Revenue,” as also numerous paragraphs on “ Service," "Jurisdiction of Courts,” “Bridges,” etc., etc. It also embraces the Constitutional provisions and the congressional statute relating to the Illinois Central Railroad, with an appendix containing the rules for the government of the inspection and registration departments, the rules of inspection, and the majority and minority opinions of the Supreme Court of the United States in the warehouse case of Munn & Scott vs. The People of the State of Illinois, and the “Grange cases."

The order of the Revised Statutes of 1874, as far as practicable, has been observed. The section [$] numbering immediately preceding the text is that of the original act, while the references at the foot of each section directs the reader to the paragraph, chapter, and page where the law will be found in the Revised Statutes of 1874, or the session laws subsequently enacted.

Mc. H. CHAMBERLIN,

Secretary of Board. SPRINGFIELD, ILL., October, 1877.

ANALYSIS

BILL OF Rights; Public Moneys; Revenue; Corporations; Railroads;

Warehouses; Separate Sections.

CHAPTER I.

CORPORATIONS. Changing name and place of business ; increasing

and decreasing number of directors; consolidation; evidence and

depositions; usury; judgment and decrees, and manner of enforcing

same; redemption of real estate sold under execution: changing di-

rectors in certain cases; quo warranto; levy and collection of taxes of

incorporated cities.

CHAPTER II.

EMINENT DOMAIN.-Exercise of the right; procedure; protection

of State Institutions.

CHAPTER III.

RAILROADS.—Provisions for incorporating, constructing, maintain-

ing, and operating, and for limiting powers of; borrow money: make

contracts; facilitate transportation and trade; lessees may purchase ;

union depots ; fencing and operating; fires by locomotives ; frauds on

travelers; protection of passengers; transporting and delivery of grain;

extortion and unjust discrimination ; lien of contractors ; bonded debts

of municipalities-act of 1869 ; act providing for cancellation of bonds;

state and county treasurers to deliver up bonds and coupons which

have been paid; payment of registered indebtedness of counties,

cities, etc.; act of 1877, limiting time of liability of municipal cor-

porations; city and village legislation ; seven per cent. gross income

Illinois Central railroad tax; execution of trust by trustees of Illinois

Central railroad; proof of title to the lands granted to the Illinois

Central railroad company; act of congress—1850—relating to Illinois

Central railroad.

CHAPTER IV.

WAREHOUSES.- Warehouses, and warehousing of grain ; further
concerning warehouses and warehousing ; leasing public levees for
warehouse sites.

CONSTITUTIONAL PROVISIONS.

Adopted in convention May 13, 1870; ratified by the people July 2, 1870. in force August 8, 1870. 1. Private property-Compensation.

16. Requirements of owners of warehouses. 2. State not to assume liabilities,

17. Property stored may be examined by Special legislation prohibited.

whom, 4. Revenue-How raised.

18. Railroad companies to weigh or meas5. Corporations, by special law forbidden.

ure grain. 6. Limit for existing special charters.

19. Railroad companies to deliver grain to 7. Protection of corporate stockholders. 8. Railroads maintain public office.

20. Geconsigneem.

General Assembly to govern warehouses. Rolling stock, etc.; personal property.

General Assembly to provide for the 10. Consolidations prohibited.

inspection of grain. 11. Railroads public highways.

Contracts of Illinois Central railroad 12. For what stock is to be issued.

intact. 13. Eminent domain inviolate.

Municipal subscriptions forbidden. 14. Unjust discrimination prevented.

24. State not to loan credit to railroads. 15. What constitutes public warehouses.

25. Saving clause for city of Quincy.

ARTICLE II. 1. [PRIVATE PROPERTY-COMPENSATION.) § 13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken.

ARTICLE IV. 2. [STATE NOT TO ASSUME LIABILITIES.] § 20, The State shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to or in aid of any public or other corporation, association or individual.

3. SPECIAL LEGISLATION PROHIBITED.] $ 22. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: for

Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose.

Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever.

The general assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability, or obligation of any corporation or individual to this State or to any munici. pal corporation therein.

ARTICLE IX. 4. [REVENUE—How RAISED.] § 1. The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property ; such value to be ascertained by some person or persons, to be elected or appointed in such manner as the general assembly shall direct, and not otherwise ; but the general assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and persons or corporations owning or using franchises and privileges, in such manner as it shall from time to time direct by general law, uniform as to the class upon which it operates.

ARTICLE XI. 5. [CORPORATIONS, BY SPECIAL LAW, FORBIDDEN.) § 1. No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the State, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created.

6. [LIMIT FOR EXISTING SPECIAL CHARTERS.] § 2. All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not have been in operation within ten days from the time this constitution takes effect, shall thereafter have no validity or effect whatever.

7. [PROTECTION OF CORPORATE STOCKHOLDERS.] 3. The general assembly shall provide, by law, that in all elections for directors or

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managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner.

8. [RAILROADS MAINTAIN PUBLIC OFFICE.] § 9. Every railroad corporation organized or doing business in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction of its business, where transfers of stock shall be made, and in which shall be kept, for public inspection,

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