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an enduring memorial of the patriotism and valor of Illinois, and it shall be the duty of the general assembly to provide by law for the safe-keeping of the same.
Sec. 6. No person having conscientious scruples against bearing arms shall be compelled to do militia duty in time of peace: Provided, Such person shall pay an equivalent for such exemption.
WAREHOUSES. SECTION 1. All elevators or store houses, where grain or other property is stored for a compensation, whether the property stored be kept separated or not, are declared to be public warehouses.
SEC. 2. The owner, lessee, or manager of each and every public warehouse, situated in any town or city of not less than one hundred thousand inhabitants, shall make weekly statements under oath, before some officer to be designated by law, and keep the same posted in some conspicuous place in the office of such warehouse, and shall also file a copy for public examination in such place as shall be designated by law, which statement shall correctly set forth the amount and grade of each and every kind of grain in such warehouse, together with such other property as may be stored therein, and what warehouse receipts have been issued, and are, at the time of making such statement, outstanding therefor; and shall, on the copy posted in the warehouse, note daily such changes as may be made in the quantity and grade of grain in such warehouse; and the different grades of grain shipped in separate lots shall not be mixed with inferior or superior grades without the consent of the owner or consignee thereof.
SEC. 3. The owners of property stored in any warehouse, or holder of a receipt for the same, shall always be at liberty to examine such property stored, and all the books and records of the warehouse in regard to such property.
SEC. 4. All railroad companies and other common carriers on railroads shall weigh and measure grain at points where it is shipped, and receipt for the full amount, and shall be responsible for the delivery of such amount to the owner or consignee thereof at the place of destination.
SEC. 5. All railroad companies receiving and transporting grain, in bulk or otherwise, shall deliver the same to any consignee thereof, or any elevator or public warehouse to which it may be consigned, provided such consignee, or the elevator, or public warehouse can be reached by any track owned, leased, or used, or which can be used by such railroad companies; and all railroad companies shall permit connections to be made with their track, so that any such consignee, and any public warehouse, coalbank, or coal-yard may be reached by the cars on said railroad.
Sec. 6. It shall be the duty of the general assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts, and to give full effect to this article of the constitution, which shall be liberally construed so as to protect producers and shippers. And the enumeration of the remedies herein named shall not be construed to deny to the general assembly the power to prescribe by law such other and further remedies as may be found expedient, or to deprive any persons of existing common-law remedies.
SEC. 7. The general assembly shall pass laws for the inspection of grain, for the tection of producers, shippers, and receivers of grain and produce.
AMENDMENTS TO THE CONSTITUTION. SECTION 1. Whenever two-thirds of the members of each house of the general assem:hly shall, by a vote entered upon the journals thereof, concur that a convention is necessary to revise, alter, or amend the constitution, the question shall be submitted to the electors at the next general election. If a majority voting at the election vote for a convention, the general assembly shall at the next session provide for a convention, to consist of double the number of members of the senate, to be elected in the same manner, at the same places, and in the same districts. The general assembly shall, in the act calling the convention, designate the day, hour, and place of its meet
ing, fix the pay of its members and officers, and provide for the payment of the same, together with the expenses necessarily incurred by the convention in the performar.ce of its duties. Before proceeding the members shall take an oath to support the Constitution of the United States and of the State of Illinois, and to faithfully discharge their duties as members of the convention. The qualification of members shall be the same as that of members of the senate, and vacancies occurring shall be filled in the manner provided for filling vacancies in the general assembly. Said convention shall meet within three months after such election, and prepare-such revision, alteration, or amendments of the constitution as shall be deemed necessary, which shall be submitted to the electors for their ratification or rejection, at an election appointed by the convention for that purpose, not less than two nor more than six months after the adjournment thereof; and unless so submitted and approved by a majority of the electors voting at the election, no such revision, alterations, or amendments shall take effect.
SEC. 2. Amendments to the constitution may be proposed in either house of the general assembly, and if the same shall be voted for by two-thirds of all the members elected to each of the two houses, such proposed amendments, together with the yeas and nays of each house thereon, shall be entered in full on their respective journals; and said amendments shall be submitted to the electors of this State for adoption or rejection at the next election of members of the general assembly, in such manner as may be prescribed by law. The proposed amendments shall be published in full at least three months preceding the election, and if a majority of the electors voting at said election shall vote for the proposed amendments, they shall become a part of this constitution. But the general assembly shall have no power to propose amendments to more than one article of this constitution at the same session, nor to the same article oftener than once in four years.
ILLINOIS CENTRAL RAILROAD.
No contract, obligation, or liability whatever, of the Illinois Central Railroad Company, to pay any money into the State treasury, nor any lien of the State upon, or right to tax property of said company, in accordance with the provisions of the charter of said company, approved February 10, A. D. 1851, shall ever be released, suspended, modified, altered, remitted, or in any manner diminished or impaired by legislative or other authority; and all moneys derived from said company, after the payment of the State debt, shall be appropriated and set apart for the payment of the ordinary expenses of the State government, and for no other purposes whatever.
MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS.
No county, city, town, township, or other municipality, shall ever become subscriber to the capital stock of any railroad or private corporation, or make donation to or loan its credit in aid of such corporation : Provident, however, That the adoption of this article shall not be construed as affecting the right of any such municipality to make such subscriptions where the same have been authorized, under existing laws, by a vote of the people of such municipalities prior to such adoption.
The Illinois and Michigan Canal shall never be sold or leased until the specific proposition for the sale or lease thereof shall first have been submitted to a vote of the people of the State at a general election, and have been approved by a majority of ail the votes polled at such election. The general assembly shall never loan the credit of the State, or make appropriations from the treasury thereof, in aid of railroads or canals: Provided, That any surplus earnings of any canal may be appropriated for its enlargement or extension.
That no inconvenience may arise from the alterations and amendments made in the constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared :
SECTION 1. That all laws in force at the adoption of this constitution not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this State, individuals, or bodies-corporate, shall continue to be as valid as if this constitution had not been adopted.
Sec. 2. That all fines, taxes, penalties, and forfeitures due and owing to the State of Illinois under the present constitution and laws shall inure to the use of the people of the State of Illinois under this constitution.
SEC. 3. Recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue; and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this State.
SEC.-4. County courts for the transaction of county business in counties not having adopted township organization, shall continue in existence, and exercise their present jurisdiction until the board of county commissioners provided in this constitution is organized in pursuance of an act of the general assembly; and the county courts in all other counties shall have the same power and jurisdiction they now possess until otherwise provided by general law.
Sec. 5. All existing courts which are not in this constitution specifically enumerated shall continue in existence and exercise their present jurisdiction until otherwise provided by law.
Sec. 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless by this constitution it is otherwise directed.
SEC. 7. On the day this constitution is submitted to the people for ratification an election shall be held for judges of the supreme court in the second, third, sixth, and seventh judicial election districts designated in this constitution, and for the election of three judges of the circuit court in the connty of Cook, as provided for in the article of this constitution relating to the judiciary, at which election every person entitled to vote, according to the terms of this constitution, shall be allowed to vote ; and the election shall be otherwise conducted, returns made, and certificates issued in accordance with existing laws, except that no registry shall be required at said election : Provided, That at said election in the county of Cook no elector shall vote for more than two candidates for circuit judge. If, upon canvassing the votes for and against the adoption of this constitution, it shall appear that there has been polled a greater number of votes against than for it, then no certificates of election shall be issued for any of said supreme or circuit judges.
Sec. 8. This constitution shall be submitted to the people of the State of Illinois for adoption or rejection at an election to be held on the first Saturday in July, A. D. 1870; and there shall be separately submitted at the same time, for adoption or rejec- . tion, sections nine, ten, eleven, twelve, thirteen, fourteen, and fifteen, relating to railroads, in the article entitled corporations; the article entitled counties; the article entitled warehouses; the question of requiring three-fifths vote to remove a countyseat; the section relating to the Illinois Central Railroad; the section in relation to minority representation; the section relating to municipal subscriptions to railroads or private corporations; and the section relating to the canal.
Every person entitled to vote under the provisions of this constitution, as defined in the article in relation to “suffrage,” shall be entitled to vote for the adoption or rejection of this constitution, and for or against the articles, sections, and questions aforesaid, separately submitted; and the said qualified electors shall vote at the usual places of voting, unless otherwise provided; and the said election shall be conducted and returns thereof made according to the laws now in force regulating general elections, except
hat no registry shall be required at said election : Frovided, however, That the polls shall be kept open for the reception of ballots urītil sunset of said day of election.
Sec. 9. The secretary of state shall, at least twenty days before said election, cause to be delivered to the county clerk of each county blank poll-books, tally-lists, and forms of return, and twice the number of properly-prepared printed ballots for the said election that there are voters in such county, the expense whereof shall be audited and paid as other public printing ordered by the secretary of state is by law required to be audited and paid; and the several county clerks shall, at least five days before said election, cause to be distributed to the board of election in each election district in their respective counties said blank poll-books, tally-lists, forms of return, and tickets.
Sec. 10. At the said election the ballots shall be in the following form:
NEW CONSTITUTION TICKET.
For all the propositions on this ticket which are not cancelled with ink or pencil; and against all propositions which are so cancelled. For the new constitution. For the sections relating to railroads in the article entitled corporations. For the article entitled counties. For the article entitled warehouses. For a three-fifths vote to remove county-seats. For the section relating to the Illinois Central Railroad. For the section relating to minority representation. For the section relating to municipal subscriptions to railroads or private corporations. For the section relating to the canal.
Each of said tickets shall be counted as a vote cast for each proposition thereon not cancelled with ink or pencil, and against each proposition so cancelled, and returns thereof shall be made accordingly by the judges of election.
SEC. 11. The returns of the whole vote cast, and of the votes for the adoption or rejection of this constitution, and for or against the articles and sections respectively submitted, shall be made by the several county clerks, as is now provided by law, to the secretary of state, within twenty days after the election; and the returns of the said votes shall, within five days thereafter, be examined and canvassed by the auditor, treasurer, and secretary of state, or any two of them, in the presence of the governor, and proclamation shall be made by the governor, forthwith, of the result of the canvass.
SEC. 12. If it shall appear that a majority of the votes polled are “for the new constitution,” then so much of this constitution as was not separately submitted to be voted on by articles and sections shall be the supreme law of the State of Illinois, on and after Monday, the 8th day of August, A. D. 1870; but if it shall appear that a majority of the votes polled were “ against the new constitution,” then so much thereof as was not separately submitted to be voted on by articles and sections shall be null and void. If it shall appear that a majority of the votes polled are “for the sections relating to railroads in the article entitled corporations;}” sections nine, ten, eleven, twelve, thirteen, fourteen, and fifteen, relating to railroads in the said article, shall be a part of the constitution of this State; but if a majority of said votes are against such sections, they shall be null and void. If. a majority of the votes polled are “for the article entitled “counties,'” such article shall be a part of the constitution of this State, and shall be substituted for article seven in the present constitution, entitled "counties ;” but if a majority of said votes are against such article, the same shall be null and void. If a majority of the votes polled are for the article entitled “warehouses,” such article shall be a part of the constitution of this State, but if a majority of the votes are against said article, the same shall be null and void. If a majority of the votes polled are for either of the sections separately submitted, relating respectively to the “Illinois Central Railroad,” “minority représentation," "municipal subscriptions to railroads or private corporations," and the “canal,” then such of said sections as shall receive such majority shall be a part of the constitution of this State; but each of said sections so separately submitted against which, respectively, there shall be a majority of the votes polled, shall be null and void : Provided, That the section relating to “minority representation".
shall not be declared adopted unless the portion of the constitution not separately submitted to be voted on by articles and sections shall be adopted, and in case said section relating to “minority representation " shall become a portion of the constitution, it shall be substituted for sections seven and eight of the legislative article. If a majority of the votes cast at such election shall be for a three-tifths vote to remove a county-seat, then the words “a majority” shall be stricken out of section four of the article on counties, and the words “three-fifths” shall be inserted in lieu thereof; and the following words shall be added to said section, to wit: “But when an attempt is made to remove a county-seat to a point nearer to the centre of a county, then a majority vote only shall be necessary." If the foregoing proposition shall not receive a majority of the votes as aforesaid, then the same shall have no effect whatever.
SEC. 13. Immediately after the adoption of this constitution, the governor and secretary of state shall proceed to ascertain and fix the apportionment of the State for members of the first house of representatives under this constitution. The appor. tionment shall be based upon the Federal census of the year A. D. 1870 of the State of Illinois, and shall be made strictly in accordance with the rules and principles announced in the article on the legislative department of this constitution : Frovided, That in case the Federal census aforesaid cannot be ascertained prior to Friday, the 23d day of September, A. D. 1870, then the said apportionment shall be based upon the State census of the year A. D. 1865, in accordance with the rules and principles aforesaid. The governor shall, on or before Wednesday, the 28th day of September, A. D. 1870, make official announcement of the said apportionment, under the great seal of the State; and one hundred copies thereof, duly certified, shall be forth with transmitted by the secretary of state to each county clerk for distribution.
SEC. 14. The districts shall be regularly numbered by the secretary of state, commer.cing with Alexander County as number one, and proceeding thence northwardly through the State, and terminating with the county of Cook; but no county shall be numbered as more than one district, except the county of Cook, which shall constitute three districts, each embracing the territory contained in the now existing representative districts of said county. And on the Tuesday after the first Monday in November, D. 1870, the members of the first house of representatives under this constitution shall be elected according to the apportionmeni fixed and announced as aforesaid, and shall hold their offices for two years, and until their successors shall be elected and qualified.
Sec. 15. The senate, at its first session under this constitution, shall consist of fifty members, to be chosen as follows: At the general election held on the first Tuesday after the first Monday of November, A. D. 1870, two senators shall be elected in districts where term of senators expire on the first Monday of January, A. D. 1871, or where there shall be a vacancy, and in the remaining distriets one senator shall be elected. Senators so elected shall hold their office two years.
Sec. 16. The general assembly, at its first session held after the adoption of this constitution, shall proceed to apportion the State for members of the senate and house of representatives, in accordance with the provisions of the article on the legislative department.
SEC. 17. When this constitution shall be ratified by the people, the governor shall forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties of this State, or in case of vacancies, to the coroners, for the election of all the officers, the time of whose election is fixed by this constitution or schedule, and it shall be the duty of said sheriffs or coroners to give such notice of the time and place of said election as is now prescribed by law.
SEC. 18. All laws of the State of Illinois, and all official writings, and the executive, legislative, and judicial proceedings, shall be conducted, preserved, and published in no other than the English language.
SEC. 19. The general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.
SEC. 20. The circuit clerks of the different counties having a population over sixty thousand shall continue to be recorders (ex officio) for their res; ec.ive counties, under this constitution, until the expiration of their respective terms.