ILLINOIS. 



391 



1 in a section requiring all work done for 



'overnment, or material supplied to 



Contracted for with tho lowest re- 



>|i<>nil)lo bidder, the Legislature fixing tho 



iiiini prir. Among the miscellaneous 

 prov 'ni< MM of this article are tho following: 

 SECTIOX 27. Tho General Assembly shall have no 



to authorizo lotteries or gift enterprises, for 

 any purpose, and shall pass laws to prohibit tho sale 



ry or gift enterprise tickets in the State. 



US. No law shall bo passed which shall opor- 



. xtt-iul tho term of any public officer after his 



i or appointment. 



. 29. It shall be tho duty of tho General As- 

 sembly to pass such laws as may bo necessary for tho 



inn of operative miners, by providing for ven- 

 tilation, when tho same may bo required, and tho 

 construction of escapement sliarfs or such other ap- 

 pliances as may secure safety in all coal-mines, and 

 to provide for tho enforcement of said laws by such 

 penalties and punishments as may be doomed proper. 



Many .important changes are also made in 

 the article on the Executive Department. For- 

 merly while tho Legislature was at liberty to 

 pass a law for any special or private purpose, 

 and make appropriations at will, the Governor 

 could exercise no check nor control over its 

 action. The result had been that the capital 

 was overrun with lobbyists during the sessions 

 of the General Assembly, and they were en- 

 abled to carry every thing before them. 



All the executive officers, except the Treas- 

 urer, are hereafter to be elected for a term of 

 four years. The official term of the Treasurer 

 is to bo two years. There was considerable 

 debate in the convention on the subject of the 

 length of time most expedient for the terms of 

 office in the several departments of govern- 

 ment, some contending that frequent appeals 

 to the popular suffrages tend to fix responsi- 

 bility and secure an honest administration, and 

 others arguing that experienced officials must 

 necessarily bo more efficient, and should there- 

 fore be retained in office. The terms finally 

 settled upon were the result of a compromise 

 between these different views. 



The Governor is required, at the beginning 

 of each session of the Legislature and at the 

 end of his official term, to give information of 

 the condition of the State, and recommend 

 such measures as he may deem expedient. He 

 must also " account to the General Assembly, 

 and accompany his message with a statement 

 of all moneys received and paid out by him 

 from any funds subject to his order, with 

 vouchers, and, at the commencement of each 

 regular session, present estimates of the amount 

 of money required to be raised by taxation for 

 all purposes." The powers ordinarily exer- 

 cised by a chief executive officer are conferred 

 upon him, including that of putting a " veto " 

 upon all measures which do not meet with his 

 approval, and returning them for further con- 

 sideration, after which they can be passed only 

 by a two-thirds vote. The other executive 

 officers have the nsual powers and duties at- 

 tached to their several positions. All are to 

 receive fixed salaries, to be established by law, 



and not to bo increased or diminished during 

 their official terms, and any fees, perquisite**, 

 and extra compensation, are prohibited. This 

 last-named provision does away with what had 

 been a prolific sonrco of corruption under the 

 old constitution. At the close of this article 

 a definition of an oftice is given in tho follow- 

 ing terms : 



SEO. 24. An office is a public position, created by 

 the constitution or law, continuing during the pleas- 

 ure of the appointing power, or for a fixed time, 

 with a successor elected or appointed. An employ- 

 ment is an agency, for a temporary purpose, which 

 ceases when that purpose is accomplished. 



The sixth article vests the judicial powers 

 of the State in a Supremo Court, Circuit Courts, 

 County Courts, and justices of the peace, with 

 special provisions for Cook County (contain- 

 ing the city of Chicago). The Supremo Court 

 is to consist of seven judges, elected in sepa- 

 rate districts for a term of nine years, and 

 drawing a yearly salary of $4,000. This is an 

 increase of four in the number of judges. The 

 Supreme Court is the tribunal of last appeal in 

 the State, but appellate courts may be .created 

 after the year 1874, to be held by the judges 

 of the Circuit Courts. The State is to be di- 

 vided into circuits, not to exceed in number 

 one for every 100,000 inhabitants, and in each 

 of these a judge is to be elected to serve a term 

 of six years and receive a salary of $3,000 a 

 year. The Circuit Courts have original jurisdic- 

 tion of all causes in law and equity, and are to 

 hold at least two terms every year in each 

 county of the State. The County Courts have 

 jurisdiction of matters of probate, settlement 

 of estates, etc., and the judges are elected, 

 one in each county, for a term of four years. 

 Tho county of Cook forms a circuit by itself, 

 with four judges, and has besides a Superior 

 Court and a Criminal Court. The judges in 

 all these are elected for six years, and receive 

 salaries to be fixed by law. All justices of 

 the peace, police magistrates, and constables, 

 are to be elected, except in the city of Chica- 

 go, where, on the recommendation of a major- 

 ity of the judges of the Circuit, Superior, and 

 County Courts, tho justices of the peace may 

 be appointed by the Governor. 



An attempt was made in the convention to 

 provide in the judiciary article for a submis- 

 sion to a vote of the people in 1873 the ques- 

 tions whether the judges of the Supremo and 

 Circuit Courts should not thereafter bo ap- 

 pointed by tho Governor, and hold office dur- 

 ing life or good behavior. The subject was 

 referred to the Judiciary Committee, but never 

 reported on. Another innovation which was 

 proposed, but not adopted, was one giving 

 juries in all criminal cases the privilege "if in 

 their minds the evidence warrants it, besides 

 the verdict of ' guilty,' or 'not guilty,' to also 

 bring in a verdict of 'not found' such ver- 

 dict of ' not found' to leave the accused in the 

 same situation as now under the law, when a 

 justice of the peace discharges a prisoner on 



