Supreme Court now meets only at Springfield (Ill. Const., Art. VI., § 4).*

30. Judicial Districts-Circuit Courts-The next class of courts below the Supreme Court is the Circuit Court. Cook County forms one judicial circuit (Ill. Const., Art. VI., §§ 13, 15).† The Legislature has the power to form the rest of the State into judicial circuits, provided that the total number shall not exceed one circuit for every one hundred thousand of population in the State. The circuits must be of contiguous and compact territory, and as nearly as possible equal in population. County lines must not be divided.

The present law divides the State outside of Cook County into thirteen circuits. In each of these circuits are elected three circuit judges, who hold court successively at the various county seats within the circuit.

31. Election Precincts and Districts-For convenience of elections counties are divided into precincts. In counties under town government the town is the precinct. In other counties it is the duty of the county board to determine the precincts.

If any precinct has more than 450 voters it is the duty of the county board to divide such precinct into districts, in such way that each district shall contain as nearly 400 voters as may be practicable, and in no case more than 450. Districts must be composed of contiguous territory, and must be as compact as the convenience of the voters will allow. In the month of July, after each general election held in November,

* Rev. Stat., c. 37, § 1.

Rev. Stat., c. 37, § 72.

the county board may make a readjustment of election districts, whenever it appears that any precinct or district contains more than 450 voters.*

32. School Districts-The school township (p. 156) is managed by a board of school trustees. It is in the power of this board to divide the township into districts, for the convenience of school attendance.†

petition of the legal voters interested, the board may change such districts as may be most convenient. If the board denies the request of the petitioners, appeal may be taken to the county superintendent, who may make the change if he thinks best.

33. City Districts In cities whose schools are controlled by a board of education the division into districts is in the power of that board. In this case no petition by the voters is necessary, and there is no appeal to the county superintendent.

*Rev. Stat., c. 46, SS 29, 30.

+ Rev. Stat., c. 122, §§ 75-78.

Rev. Stat., c. 122, §§ 83-85.

CHAPTER IV

THE STATE GOVERNMENT-THE

CONSTITUTION

1. The Constitution of Illinois provides a plan for the government of the State. To understand this plan, then, we must first of all consult the Constitution.

As we have seen (p. 22), the State has had three Constitutions. The one now in force was drawn up by a convention which was elected by the people in 1869, and met at the State capital, Springfield, December 13, 1869, to May 13, 1870. The Constitution which this convention proposed was submitted to the voters of the State at an election held for that purpose July 2, 1870. At the election there were 154,227 votes for the proposed Constitution, and -35,443 votes against it. Thus it was accepted by the voters and became the State Constitution in place of the one which had been the law since 1848.

THE PREAMBLE

2. In the Constitution of the United States, and in that of each of the States, there is a sort of preface called a preamble. In fact, however, this is by no means either a preface or a preamble each of which terms implies something not essential, the omission of which would be unimportant.

3. Its Essential Part-the Enacting Clause--The preamble of a constitution contains that which is vitally important-the enacting clause, as it is usually entitled. In the Illinois preamble the enacting clause is as follows: "We, the people of the State of Illinois

do ordain and establish this Constitution for the State of Illinois." This is all that is really necessary. It contains a statement of four important facts: (1) Who it is that make the law-the people (i.e., the voters); (2) what it is which the people make law-this Constitution (i.e., the one drawn up by the convention of 1869–70); (3) for whom the Constitution is adoptedthe State of Illinois (i.e., all the people within the State boundaries); (4) the act by which the Constitution becomes law-the people ordain and establish it (i.e., it is the will of the people that it shall be law).

4. Its Non-essential Parts-The remaining clauses in the preamble are legally non-essential, and are inserted to indicate the spirit and purposes with which the Constitution was adopted.

5. The Recognition of God-One of them contains a reference to God as the giver of all blessings. The Federal Constitution of the United States and the Constitutions of many of the States contain no such clause. There is a difference of opinion as to its importance. Some favor it because it is a public and formal recognition of religion. Some hold it unnecessary to embody such recognition in a legal document. Others oppose it on the ground that religion should be a personal and not a political matter.

The remaining non-essential clauses, almost exactly copied from the Federal Constitution, express the purposes of the fundamental law-" to form a more perfect

government, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity."

The expression of these purposes, as has been explained, is not legally essential. The preamble to the Constitutions of Louisiana adopted in 1845 and in 1852, for instance, is merely this: "We, the people of Louisiana, do ordain and establish this Constitution." This is merely an enacting clause.

THE TERRITORY

6. Boundaries—Article I. defines the boundaries of the State. It will be noticed that a part of this boundary line runs along the middle of Lake Michigan, another part along the middle of the Mississippi River, and a third part not along the middle, but along the northwestern shore, of the Ohio River. Usually when bodies of water like lakes or rivers separate different political divisions, the boundary line runs in the middle of the lake or stream-i.e., midway between the banks in case of a lake, in the middle of the channel or current of a river. But when Virginia ceded to the general government the land which General Clarke conquered, the act of cession read: "The tract of country within the limits of the Virginia Charter

northwest of the Ohio River." Of course, then, this gift included no part of the river itself. Hence the northern line of Kentucky (which was a part of Virginia until 1792) follows low-water mark on the north bank of the Ohio.

The proviso at the end of Article I. relates to the