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a public officer, charging him with some misdemeanor in office. The governor and all civil officers of the State (i.e., all except military officers) are liable to this proceeding (II. Const., Art. V., $ 15). But another method is provided for taking action against judicial officers who misbehave (p. 70) (Art. VI., $ 30).
A majority of all the representatives is required for a vote of impeachment. If such a vote is had, the house then appoints a committee to conduct the case before the Senate (Art. VI., 24). The latter body acts as a court for the trial of the case, the senators taking a special oath for the occasion. If the governor is on trial, the chief justice presides, as of course the lieutenant-governor is an interested party (p. 82). For conviction a vote of two-thirds of all the senators is required. No further penalty may be inflicted than removal from office and disqualification to hold office thereafter under the State. Ilowever, such convicted officer is still liable to be tried and punished by a court of law. Thus, the governor might commit murder. The Senate, on impeachment proceedings, might convict him and remove him from office. Then, as a private citizen, he might be arrested, tried, and punished for the crime, under the laws of the State.
27. Appointments-The Senate also acts as an advisory council to the governor for making certain appointments—such as the Constitution or laws of the State prescribe to be made by the governor “with the advice and consent of the Senate” (Ill. Const., Art. IV., $ 10).
THE LEGISLATURE AS A WHOLE
28. Regular Sessions—The Constitution requires a biennial session of the General Assembly, the session to begin at noon on the Wednesday next after the first Monday of the year following the general election. The regular sessions of the Legislature, then, fall in the odd-numbered years (Art. IV., S 9).
29. Quorum-A quorum of either house is a majority of all the members elected (Art. IV., $ 9).
By a quorum is meant the least number which may be present in order that business may be done. The Congress of the United States and the legislatures of all the States have the same quorum as that in Illinois.
30. Special Sessions—A special session of the General Assembly may be convened by the governor at any time which he may think proper, for the consideration of such business as he may consider necessary. . No other business may be considered at a special session (Art. V., $ 8).
31. Adjournment—When the General Assembly has finished its business, whether at a regular or special session, adjournment is effected at å date agreed upon by the two houses. Neither house can adjourn for more than two days without the consent of the other (Art. IV., $ 10). If the houses fail to agree as to the time of adjournment, the governor may adjourn the General Assembly to such time as he may think proper, but not to a later date than the beginning of the next regular session (Art. V., 89). Adjournment by the governor is called prorogation. The sessions of the British Parliament and of European legislatures in general are regularly ended by prorogation. Amer
ican executives (both of the United States and of the States), however, have the power to prorogue only under the same circumstances as in Illinois.
32. Seat of Government—The Constitution does not fix the seat of government. An act of the General Assembly passed in 1874 prescribed that Springfield should continue to be the capital.* In case of pestilence or public danger, however, the governor may designate some other place as the seat of government. Of course the General Assembly, if it saw fit, might repeal the act of 1874 and make some other place than Springfield the capital of the State.
POWERS AND DUTIES OF THE LEGISLATURE
33. The Legislature Represents the People—The General Assembly represents the people of the State. Whatever is done by the General Assembly is supposed to express the will of the people. This is indicated by the opening words of every law made by the Legislature: “ Be it enacted by the people of the State of Illinois, represented in the General Assembly ” (Art. IV., 11).
When the original States broke away from the British government, as they no longer had the crown or its agent, the royal governor, over them, they felt sure that their liberties were safe. They would thereafter govern themselves by their own freely chosen representatives, and there would be no more trouble. So it was that the early State constitutions gave large
* Rev. Stat., c. 123, $ 1.
powers to the legislatures, with few restrictions. But as years passed on, the States gradually learned that their own representatives could not always be trusted. Unscrupulous men managed to secure legislation which was not for the public good, but for private advantage. In order as far as possible to prevent such misuse of powers entrusted to the law-making body, later constitutions have contained an increasing number of checks and prohibitions on legislation. Many such are found in the Illinois Constitution of 1870.
34. General Principle of Legislative Power—The general principle of power given to a State legislature is, that any law may be enacted which is not forbidden by the Constitution of the United States or by the Constitution of the State. Still, the State Constitution enumerates some specific powers of the Legislature. It also prescribes for that body certain duties.
35. Specified Powers of the General AssemblySpecified powers of the Legislature often are given by way of exception to certain duties or prohibitions. Examples of powers thus specifically granted are: the creation of courts for cities and towns (Art. VI., $ 1), changing the boundaries of judicial districts of the Supreme Court (Art. VI., $ 5), the creation of appellate courts and the regulation of appeals (Art. VI., $ 11), provision for dividing the State into judicial circuits and for constituting circuit courts therein (Art. VI., $ 15), uniting two or more counties for a single county court (Art. VI., $ 18), providing for appeals from county courts (Art. VI., $ 19), the establishment of probate courts in counties with a population over 50,000 (Art. VI., $ 20), prescribing districts for justices of the peace,
police magistrates, and constables (Art. VI., $ 21), removing from office any judge, by a vote of three-fourths of the members of each house (Art. VI., $ 30), exemption from taxation of public property and of private property used for certain public purposes (Art. IX., $3), vesting certain powers of taxation in municipal corporations (Art. IX., 59), providing for certain roadways (Art. IV., $ 30), and for dikes and drains (Art. IV., $ 31). It does not seem necessary in all cases to specify these powers, but they are enumerated doubtless so that there can be no possible question about them.
36. Specified Duties of the General AssemblyCertain duties of the General Assembly are specifically prescribed.
It is the duty of the General Assembly to make by law proper appropriations of money from the State treasury for the expenses of the State government (Art. IV., $ 18); to provide the letting of contracts for supplies and printing for the State (Art. IV., $ 25), and for the protection of miners (Art. IV., & 59); to pass liberal homestead and exemption laws, i.e., laws exempting one's home and other property, to a reasonable amount, from seizure for the non-payment of debts (Art. IV., 532); to prescribe the times of holding of county courts (Art. VI., $ 14); to provide " a thorough and efficient system of free schools” (Art. VIII., $ 1); to give the option to counties of being organized by townships (Art. X., $ 5); to regulate the fees of public officers (Art. X., $12); to provide for minority representation in voting by stockholders of corporations (Art. XI., $3); to regulate railroad charges (Art. XI., $ 15); to protect people from fraud and extortion in dealing with public warehouses (Art. XII., $ 6), and