ILLINOIS. 



401 



fraction of this principle a matter of vital concern, 

 establishing a precedent dangerous to liberty, and 

 we believe that the military should never be called 

 upon to interfere in the domestic affairs of any State 

 or city, except in the mode pointed out by the Con- 

 stitution and laws of the land. 



Resolved, That we declare as unlawful and an in- 

 fraction of the constitution, both of this State and 

 of the United States, the so-called military occupa- 

 tion ; yet, in view of the trying circumstances and 

 the great calamity existing, when this military power 

 was exercised, we exonerate the Federal Govern- 

 ment and Federal military authorities from intent to 

 wilfully trespass upon the constitutional right of 

 this State, or to interfere with its properly consti- 

 tuted authorities during the emergency created by 

 the recent fire. 



Itesolved, That the protest of the Executive of this 

 State against a violation of the constitution was the 

 performance of a duty imposed upon him by his 

 office, and established a valuable precedent, which is 

 hereby approved. 



JSesolved. That we must heartily approve and com- 

 mend the humane feelings and manly regard for the 

 protection of human life and property which prompt- 

 ed the active energies of his Excellency the Presi- 

 dent of the United States, his Excellency the Gov- 

 ernor of this State, Lieutenant-General Sheridan, the 

 Secretary of War, and others in authority, who lent 

 their timely aid during and immediately succeeding 

 the appalling catastrophe. 



The adjourned session of the Legislature, 

 which began on the 15th of November, con- 

 tinued until the 22d of December, when it was 

 still further adjourned to the 3d of January, 

 1872. Very little important legislation was 

 completed before the close of the year, though 

 a large number of bills were introduced. A 

 committee of nine was appointed "for the 

 purpose of drawing up and introducing bills 

 in relation to the records destroyed by fire on 

 October 9th." Among bills of this kind sub- 

 sequently submitted, were : " An act to repro- 

 duce records, maps, plates, etc., in cases where 

 they have been destroyed by fire ; " " an act 

 to settle the titles in land in cases where the 

 records have been destroyed by fire or other 

 causes ; " " an act to provide for the re-record 

 of deeds and other instruments in cases where 

 the records have been destroyed," and "an act 

 to restore records of evidence to titles to land." 

 Other important bills introduced, but not 

 passed before the holiday recess, were the fol- 

 lowing : To provide for the education of sol- 

 diers' and sailors' orphans ; to prevent com- 

 panies from selling, and to punish newspapers 

 for ^ advertising, lottery tickets; to repeal the 

 registry law ; to regulate life-insurance com- 

 panies doing business in the State ; to prevent 

 abuses and unjust discrimination in the rates 

 of freight and passenger tariffs on railroads ; 

 to provide against the sale of intoxicating 

 liquors on the Sabbath-day ; to encourage col- 

 leges and seminaries ; to provide for an insur- 

 ance department, and the appointment of a 

 commissioner ; to establish and maintain a 

 system of free schools ; to regulate the appoint- 

 ment and removal of city officers, and to extend 

 the duties and powers of mayors in cities 

 having a population of 100,000 and upward ; 

 to prevent cruelty to animals ; to fix the sala- 

 VOL. XL 26 A 



ries of State officials ; to maintain the purity 

 of elections ; to promote the science of medi- 

 cine and surgery ; and to regulate the sale of 

 poisons. A resolution was adopted instructing 

 the judiciary committee to inquire into the 

 expediency of abolishing the system of oaths, 

 and to punish lying. Bills were passed appor- 

 tioning the State into 51 legislative and 19 

 congressional districts ; appropriating $65,000 

 to complete the Southern Insane Asylum at 

 Anna; to pro vide guardians for habitual drunk- 

 ards*; and to prohibit lotteries. Many petitions 

 were received praying for the passage of a law 

 regulating the sale of intoxicating liquors, and 

 a bill was introduced embodying the main 

 features of the Ohio law on this subject, which 

 after considerable discussion passed the Senate 

 before the recess, by a vote of 55 to 5, and be- 

 came a law in January, 1872. It requires all 

 persons, receiving a license to sell spirituous 

 liquors, to give a bond in the penal sum of 

 $3,000 for the payment of all damages to any 

 person or property caused by the sale of li- 

 quors by them. It makes it unlawful to sell 

 liquor to minors, unless on the written order 

 of a parent, guardian, or family physician, 

 " or to persons intoxicated, or who are in 

 the habit of getting intoxicated." All places 

 where liquors are sold in violation of this law 

 are declared to be public nuisances ; to be 

 abated as such on the conviction of the keeper. 

 It further provides that any person who shall, 

 by the sale of liquor, with or without a license, 

 cause the intoxication of any other person, 

 shall be liable to pay a reasonable compensa- 

 tion to any one who shall take charge of such 

 intoxicated person, and two dollars per day 

 additional, for every day he shall be kept in 

 consequence of his intoxication. Another im- 

 portant provision is as follows : 



Every husband, wife, child, parent, guardian, em- 

 ployer, or other person, who shall be injured in person 

 or property^, or means of support, by any intoxicated 

 person, or in consequence of the intoxication, habit- 

 ual or otherwise, of any person, shall have a right of 

 action in his or her own name, severally or jointly, 

 against any person or persons who shall, by selling 

 or giving intoxicating liquors, have caused the intoxi- 

 cation, in whole, or in part, of such person or persons ; 

 and any^ person or persons owning, renting, leasing, 

 or permitting the occupation of any building or prem- 

 ises, and having knowledge that intoxicating liquors 

 are to be sold therein, or who, having leased the same 

 for other purposes, shall knowingly permit therein 

 the sale of any intoxicating liquors that have caused,, 

 in whole or in part, the intoxication of any person, 

 shall be liable, severally or jointly, with the person 

 or persons selling, or giving intoxicating liquors- 

 aforesaid, for all damages sustained, and for exem- 

 plary damages ; and a married woman shall have the 

 same right to bring suits, and to control the same 

 and the amount recovered, as a feme-sole ; and aB 

 damages recovered by a minor under this act shall 

 be paid either to such minor, or his or her parent,, 

 guardian, or next friend, as the court shall direct ; and' 

 the unlawful sale or giving away of intoxicating liq- 

 uors shall work a forfeiture of all rights of the lessee 

 or tenant, under any lease or contract of rent upon 

 the premises where such unlawful sale or giving 

 away shall take place : and all suits_ for damages 

 under this act may be by any appropriate action ini 



