a particular city court created by a special act of 1869. A general city court act of 1874 was construed to have impliedly continued in existence the various city courts not theretofore abolished, with a uniform name, jurisdiction, and procedure."

Section 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.

The last clause of this section has been construed in three decisions of the Supreme Court. In the case of People v Rumsey', the facts were as follows: An Act of 1867, applicable only to Cook county, authorized the judges of the courts of that county to appoint shorthand court reporters. The reporters appointed under that act rendered services after the adoption of the constitution of 1870. In a mandamus proceeding to compel the county treasurer to pay the reporters for these services, the court said: "On the part of the relators, it is urged that they are authorized by section six of the schedule to continue to exercise and perform the duties of their appointment, until they shall be removed, in the manner prescribed by laws under which they were appointed. The section of the schedule only authorizes persons to continue to fill any office or appointment unless otherwise directed by the constitution. If the constitution, in any of its provisions, has repealed the law under which the appointment was made, then the appointment must cease." It was held that the special act under which these reporters were appointed had been impliedly repealed by article 6, section 29 of the constitution of 1870, which required uniformity in the laws relating to courts, immediately upon the adoption of the constitution. (See discussion article 6, section 29, subheading, "Provisions self-executing.")

In the case of People v Lippincott, it appeared that the General Assembly, in 1869, had created a city court in a particular city, pursuant to article 5, section 1 of the constitution of 1848. The relator had, in 1869, been elected to fill the office of judge of that court for a six year term. In 1871, the General Assembly had repealed the act creating the court, and provided that no officer thereof should receive any compensation for services rendered thereafter. In a mandamus proceeding to compel the Auditor of Public Accounts to audit and allow the relator's claim for compensation as judge of the city court, during the remainder of the six year term, the court held: "But the counsel for relator places the incapacity of the legislature to deprive relator of his office, upon section 6 of the schedule. It was not the purpose of this section to continue all offices otherwise under the control of the legislature, in order that every incumbent might be insured the peaceable possession of his office during his unexpired term. But the purpose is indicated in the heading to the schedule, viz: "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 thereby ordained and declared'; and the proviso to section 6, 'unless by this constitution it is otherwise directed,' shows that it was intended the right of persons then in office to continue to exercise the duties thereof, was to be entirely subject to the other provisions of the instrument. In that connection we will look at section

People v Lippincott. 67 Ill. 333 (1873); People v City of Aurora, 78 Ill. 218 (1875); 84 Ill. 156 (1876); Wolf v Hope, 210 I11. 50 (1904). 764 Ill. 44 (1872); compare, People v Raymond, 186 Ill. 407 (1900). 67 Ill. 333 (1873).

5 of the schedule, and immediately preceding the above: '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.' The court in question is not one of those specifically enumerated in the constitution. If so, then, by the express language just quoted, its existence was continued, subject to the power of the legislature to determine it, which was done by the act of April 6, 1871, and the relator was thereby constitutionally deprived of his office." (See discussion, section 5 of the schedule.)

In the case of Board of Supervisors v Christianer," the facts were these: Christianer had been elected to the office of county superintendent of schools, in 1869. In a suit to recover compensation for services rendered as county superintendent of schools, in 1872, the court held: "Appellee havg been elected prior to the adoption of the present constitution, the question arises whether his compensation is to be fixed under the law of 1867, or under the provisions of the act of 1872. The 6th section of the schedule to the constitution declares that all persons then filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions or appointments. Appellee was within this saving clause, and could hold his office for the period for which he was elected, viz: for four years from November, 1869. The 10th section of article 10 provides for fixing the compensation of all county officers by the county board, but it is expressly stated, in the 11th section, 'the compensation herein provided for shall apply to officers hereafter elected.' It seems it was the intention of the framers of the constitution, that persons then occupying any county office should not only continue in the exercise of its duties, but should enjoy the emoluments attached thereto by general laws, all fees allowed by special laws having been repealed by the adoption of the constitution. We are inclined to the opinion, therefore, that this clause of the constitution is a limitation on the power of county boards to fix or change the compensation of officers previously elected. In this view of the several constitutional provisions bearing on this question, we must regard the act of 1872 as only intended to have a prospective action and to apply to county officers that should be elected after the adoption of the constitution."

Section 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 county 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.

(As to the Supreme Court judges, see discussion article 6, section 6. As to the circuit judges, see article 6, section 23.)

Section 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 in the year of our Lord one thousand eight hundred and seventy, and there shall be separately submitted at the same time, for adoption or rejection, 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 a threefifths vote to remove a county seat; 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 question 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 that no registry shall be required at said election: Provided, however, that the polls shall be kept open for the reception of ballots until sunset of said day of election.

The meaning of the term "qualified electors," as used in this section, was commented upon in the case of Beardstown v Virginia.10 In that case while construing the provision of section 1 of article 7, "who was an elector in this state on the first day of April, in the year of our Lord, 1848," the court said: "Reference is made by appellants to the use of the words 'qualified electors,' in the 8th section of the schedule of the constitution of 1870, and in the 11th section of the schedule of the constitution of 1848, as indicating a distinction made by the constitution between 'electors' and 'qualified electors.' The words in the schedule of the constitution of 1870 are used in this connection: '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.' etc. And the words are used in the same connection in the schedule of the constitution of 1848. Now, plainly, the words 'qualified electors,' are not here used, in any way, in contradistinction from 'electors,' but merely as expressive of the class of persons who might vote at the approaching election upon the question of the adoption of the constitution. "The said qualified electors shall vote,' etc., that is, the persons having the said qualifications of voters as named in the preceding clause. The persons who, on the first day of April, 1848, were electors, were qualified

10 76 Ill. 34 (1875).

electors; and vice versa; there is no distinction between them, and the constitution does not sanction the idea of a distinction."

(As to the meaning of the word "electors," see discussion article 7, section 1, subheading, "Unnaturalized aliens.")

(All of the provisions required by this section to be submitted to the people separately, were adopted. As to the form of the ballot used at the election, see section 10 of the schedule. As to the date when the separate sections became effective, see discussion, section 12 of the schedule).

Section 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.

Section 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

Section 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.

Section 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 eighth day of August, in the year of our Lord one thousand eight hundred and seventy; 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 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 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 Representation," "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