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drains, ditches and levees for agricultural, sanitary or mining purposes, across the lands of others, and provide for the organization of drainage districts and vest the corporate au. thorities thereof, with power to construct and maintain levees, drains and ditches, and to keep in repair all drains, ditches and levees heretofore constructed under the laws of this State, by special assessments upon the property benefited thereby. [This section was submitted to the voters at the election in November 1878 as an amendinent was adopted and became a part of the constitution.)
$32. The general assembly shall pass liberal homestead and exemption laws. *66] $ 33. The general assembly shall not appropriate out of the state treasury, or expend on account of the new capitol grounds, and construction, completion, and furnishing of the state house, a sum exceeding, in the aggregate, $3,500,000, inclusive of all appropriations heretofore made, without first submitting the proposition for an additional expenditure to the legal voters of the state, at a general election; nor unless a majority of all the votes cast at such election shall be for the proposed additional expenditure.
EXECUTIVE DEPARTMENT. $1. The executive department shall consist of a governor, lieutenant governor, secstarv of state, auditor of public accounts, treasurer, superintendent of public instruction loon attorney general, who shall, each, with the exception of the treasurer, hold his office for the term of four years from the second Monday of January next after his election, und until his successor is elected and qualified. They shall, except the lieutenant goveri:or, veside at the seat of government during their term of office, and keep the public revorus, books and papers there, and shall perform such duties as may be prescribed by law.
52. T'he treasurer shall hold his office lor the term of two years, and until his successor is elected and qualified, and shall be ineligible to said office for two years next after the end of tre tersa for which he was elected. He may be required by the governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant.
ELECTION. $ 3. An election for governor, lieutenant governor, secretary of state, auditor of public accuunts, and attorney general, shall be held on the Tuesday next after the first Monday of November, in the year of our Lord 1872, and every four years thereafter; for supurintendent of public instruction, on the Tuesday next after the first Monday of November, in the year 1870, and every four years thereafter; and for treasurer on the day last above mentioned, and every two years thereafter, at such places and in such manner as may be prescribed by law.
$ 4. Tue returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the secretary of state, directed to “ The speaker of ühe house of representatives," who shall, immediately after the organization of the house, and before proceeding to other business, open and publish the same in the presenco of a majority of each house of the general assembly, who shall, for that pur. pose, assemble in the hall of the house of representatives. The person having the highest nun.ter of votes for either of said offices shall be declared duly elected; but if wo or more have an equal and the highest number of votes, the general assembly shall, jy joint ballut, choose one of such persons for said office. Contested elections for all of said offices shall be determined by both houses of the general assembly, by joint ballot, in sucl. manner as may be prescribed by law.
ELIGIBILITY. § 5. No person shall be eligible to the office of governor, or lieutenant governor, who shall not have attained the age of thirty years, and been, for Eve years next preceding his election, a citizen of the United States and of this state. Neither the governor, lieutenant governor, auditor of public accounts, secretary of state, superintendent of public instruction nor attorney general shall be eligible to any other office during the period for which he shall have been elected.
GOVERNOR. $ 0. The supreme executive power shall be vested in the governor, who shall tako Jare that the laws be faithfully executed.
$%. The governor shall, at the commencement of each session, and at the close of his term of office, give to the general assembly information, by message, of the condi- [*07 tion of the state, and shall recommend such measures as he shall deein expedient. He shall account to the general assembly, and accompany his message with a statement of all inoneys, received and paid out by hin from any funds subject to his order, with vouchers, and, at the commencement of cach regular session, present estimates of the amo::t of money required to be raisod by taxation for all purposes. · SS. The governor may, on extraordinary occasions, convene the general assembly, by proclamation, stating therein thc purpose for which they are convened; and the general assembly shall enter upon no business except that for which they were called together,
$9. In case of a disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being certificd to him, by the house first moving the adjournment, adjourn the general assembly to such time as he thinks proper, not beyond the first day of the next regular session.
§ 10. The governor shall nominate, and by and with the advice and consent of the senate, (a majority of all the senators selected concurring, by yeas and nays,) appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and ao such oilicer shall be appointed or elected by the general assembly. . § 11. In any case of vacancy, during the recess of the senate, in any olsce which is 700 elective, the governor shall make a temporary appointment until the next ineeting of the senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the senate, (a majority of all the senators elected concurring by yeas and nays,) shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office during the recess of the general assembly.
$ 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy.
$ 13. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, subject to such regulations as may be provided by law relative to the manner of applying therefor.
§ 14. The governor shall be commander-in-chief of the military and naval forces of the state (except when they shall be called into the service of the United States,) and may call out the saine to execute the laws, suppress insurrection, and repel invasion.
§ 15. The governor, and all civil officers of this state, shall be liable to impeachment for any misdemcanor in ollice.
VETO. $ 16. Every bill passed by the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members clected to that house, it shall become a law, notwithstanding the objections of the governor. But in all such cases the vote of cach house shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the general assembly shall, by their adjournment, prevent its return, in which case it shall be [*68 filed, with his objections, in the office of the secretary of state, within ten days after suck adjourninent, or become a law.
LIEUTENANT GOVERNOR. $ 17. In case of the death, conviction on impeachment, failure to qualify, resignation, absence from the state, or other disability of the governor, the powers, duties and emolu
ments of the office, for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant governor.
$ 18. The lieutenant governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a president, pro tempore, to preside in case of the absence or impeachment of the lieutenant governor, or when he shall hold the office of governor.
$ 19. If there be no lieutenant governor, or if the lieutenant governor shall, for any of the causes specified in § 17 of this article, become incapable of performing the dutie of the office, the president of the senate shall act as governor until the vacancy is fillet or the disability removed; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall de volve upon the speaker of the house of representatives.
OTHER STATE OFFICERS. $ 20. If the office of auditor of public accounts, treasurer, secretary of state, attorney general, or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such inanner as may be provided by law. An account shall be kept by the officers of the executive department, and of all the public institutions of the state, of all moneys received or disbursed by them, severally, from all sources, and for every service performed, and a semi-annual report thereof be made to the governor, under oath; and any officer who makes a false report shall be guilty of perjury, and punished accordingly.
$ 21. The officers of the executive department, and of all the public institutions of the state, shall, at least ten days preceding each regular session of the general assembly, severally report to the governor, who shall transmit such reports to the general assembly, together with the reports of the judges of the supreme court of the defects in the constitution and laws; and the governor may at any time require information in writing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.
THE SEAL OF STATE. . $ 22. There shall be a seal of the state, which shall be called the “Great seal of the State of Illinois, " which shall be kept by the secretary of state, and used by him, officially, as directed by law.
FEES AND SALARIES. $ 23. The officers named in this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites or office, or other compensation. And all fees that may hereafter be payable by law for any service performed by any officer provided for in this article of the constitution, shall be paid in advance into the state treasury.
DEFINITION AND Orn or OFFICE. $ 24. An office is a public position created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor *69) elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished.
$ 25. All civil officers, except members of the general assembly and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:
I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of — according to the best of my ability.
And no other oath, declaration or test shall be required as a qualification.
JUDICIAL DEPARTMENT. $1. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and such courts as may be created by law in and for cities and incorporate) towns.
SUPREME COURT. $2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the rivenue, in mandamus and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision.
§ 3. No person shall be eligible to the office of judge of the supreme court unless he shall be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in this state five years next preceding his election, and be a resident of the district in which he shall be elected.
$ 4. Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same; and until otherwise • provided by law, one or more terms of said court shall be held, for the northern division, in the city of Chicago, each year, at such times as said court may appoint, whenever said city or the county of Cook shall provide appropriate rooms therefor, and the use of a suitable library, without expense to the state. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law.
$ 5. The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until otherwise provided by law. The state shall be divided into seven districts for the election of judges, and until otherwise provided by law, they shall be as follows:
First District. The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac.
Second District.—The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Eflingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian.
Third District.-The counties of Sangamon, Macon, Logan, DeWitt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell.
Fourth District. The counties of Fulton, McDonough, Hancock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott.
Fifth District. The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy and Woodford.
Sixth District. The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, Lee, Ogle and Rock Island.
Seventh District. The counties of Lake, Cook, Will, Kankakee and DuPage.
The boundaries of the districts may be changed at the session of the yeneral [*70 assembly next preceding the election for judges therein, and at no other time; but whenever such alterations shall be made, the same shall be upon the rule of equality of population, as nearly as county bounds will allow, and the districts shall be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of any judge.
§ 6. At the time of voting on the adoption of this constitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts numbered two, three, six and seven, who shall hold his office for the term of nine years, from the first Monday of June, in the year of our Lord 1870. The term of office of julges of the supreme court, elected after the adoption of this constitution, shall be nine years; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of this constitution, or of the judges then elected, shall expire, and overy nine years thereafter, there shall be an election for the successor or suc. vessors of such judges, in the respective districts wherein the term of such judges shall
expire. The chief justice shall continue to act as such until the expiration of the term for which he was elected, after which the judges shall choose one of their number chief justice.
87. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of $4,000 per annum, payable quarterly, until otherwise provided by law. And after said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or diminished during the terms for which said judges shall have been elected.
$ 8. Appeals and writs of error may be taken to the supreme court, held in the grand division in which the case is decided, or, by consent of the parties, to any other grand division. : $ 9. The supreme court shall appoint one reporter of its decisions, who shall hold his office for six years, subject to removal by the court.
§ 10. At the time of the election for representatives in the general assembly, happening next preceding the expiration of the terms of office of the present clerks of said court, one clerk of said court for each division shall be elected, whose term of office shall be six years from said election, but who shall not enter upon the duties of his office until the expiration of the term of his predecessor, and every six years thereafter one clerk of said court for each division shall be elected.
APPELLATE COURTS. 8 11. After the year of our Lord 1874, inferior appellate courts, of uniform organization and jurisdiction, may be created in districts formed for that purpose, to which such appeals and writs of error as the general assembly may provide may be prosecuted from circuit and other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and cases in which a franchise or freehold or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be held by such number of judges of the circuit courts, and at such times and places, and in such manner, as may be provided by law; but no judge shall sit in review upon cases decided by him, nor shall said judges receive any additional compensation for such services.
CIRCUIT COURTS. $ 12. The circuit courts shall have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The terms of office of judges of circuit courts shall be six years.
$ 13. The state exclusive of the county of Cook and other counties having a population of 100,000, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the circuit courts. Such circuits shall be formed of *71] contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, and shall not exceed in number one circuit for every 100,000 of population in the state. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of circuits changed by the general assembly, at its session next preceding the election for circuit judges, but at no other time: Provided, that the circuits may be equalized or changed at the first session of the general assembly after the adoption of this constitution. The creation, alteration or change of any circuit shall not affect the tenure of office of any judge. Whenever the business of the circuit court of any one or of two or more contiguous counties, containing a population exceeding 50,000, shall occupy nine months of the year, the general assembly may make of such county or counties a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed. • $ 14. The general assembly shall provide for the times of holding court in each county, which shall not be changed, except by the general assembly next preceding the general election for judges of said courts; but additional terms may be provided for in any county. The election for judges of the circuit courts shall be held on the first Monday in June, in the year of our Lord 1873, and every six years thereafter.
$ 15. The general assembly may divide the state into judicial circuits of greater population and territory, in lieu of the circuits provided for in section 13 of this article, and