a three-fifths 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 center 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. Although the constitution, as a whole, pursuant to the provisions of the first paragraph of this section, became effective August 8, 1870, the articles and sections required by section 8 of the schedule to be submitted separately, - became effective immediately upon their adoption by the vote of the people, on July 2, 1870." Section 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 apportionment shall be based upon the Federal census of the year of our Lord one thousand eight hundred and seventy 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: Provided, that in case the Federal census aforesaid can not be ascertained prior to Friday, the twenty-third day of September, in the year of our Lord one thousand eight hundred and seventy, then the said apportionment shall be based on the State census of the year of our Lord one thousand eight hundred and sixtyfive, in accordance with the rules and principles aforesaid. The Governor shall, on or before Wednesday, the twenty-eighth day of September, in the year of our Lord one thousand eight hundred and seventy, make official announcement of the said apportionment, under the great seal of the State; and one hundred copies thereof, duly certified, shall be forthwith transmitted by the Secretary of State to each county clerk for distribution. (As to legislative apportionments, generally, see discussion article 4, section 6. As to the apportionment made by the Governor and Secretary of State, pursuant to this section, see House Journal 1871, first session, pp. 33-34, 58-62, 62-64.) Secion 14. The districts shall be regularly numbered, by the Secretary of State, commencing with Alexander County as Number One, and proceeding then northwardly through the State, and ter minating 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, in the year of our Lord one thousand eight hundred and seventy, the members of the first House of Representatives under this Constitution shall be elected according to the apportionment fixed and announced as aforesaid, and shall hold their offices for two years, and until their successors shall be elected and qualified. (As to legislative apportionments, generally, see discussion article 4, section 6.) Section 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, in the year of our Lord one thousand eight hundred and seventy, two Senators shall be elected in districts where the term of Senators expire on the first Monday of January, in the year of our Lord one thousand eight hundred and seventy-one, or where there shall be a vacancy, and in the remaining districts one Senator shall be elected. Senators so elected shall hold their office two years. (As to legislative apportionments, generally, see discussion article 4, section 6.) Section 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. (As to legislative apportionments, generally, see discussion article 4, section 6.) Section 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 coro ners to give such notice of the time and place of said election as is now prescribed by law. (See discussion, section 1 of the schedule.) Section 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. In general. "It does not militate against the continuing vitality of this section that it is found in the schedule and not in the body of the constitution, for a schedule to a constitution forms a part of such constitution, and is of equal authority therewith. The provisions most usually found in schedules are of temporary character, and for the purpose of preventing inconvenience and confusion upon the constitution taking effect; but from the very nature of the provision in question it is permanent in its scope and operation." The provisions of this section are self-executing.13 9912 Official writings. The reports and notices required by law to be furnished by municipal officers constitute "official writings," as that term is used in this section. A city may, therefore, be enjoined from publishing these reports and notices in the German language in a German newspaper.11 The Attorney General has ruled that the term "official writings" includes the contents of the charters of domestic insurance companies, and that a proposed company having a name expressed in the German language cannot, therefore, be organized under the laws of this state.15 The Attorney General has also ruled that the term includes the annual financial statements required by law to be published by insurance companies, so as to invalidate the publication of such statements in newspapers printed in any other than the English language.16 Legislative proceedings. The ordinances enacted by a city, a board of forest preserve commissioners, and by a board of county commissioners have been held to constitute "legislative proceedings" as that term is used in this section. This section therefore, prohibits the publication of such ordinances in the German language, or in the English language, in a German newspaper.17 Judicial proceedings. The term "judicial proceedings," as used in this section, has been held to include special assessment notices, and administrators' notices of adjustments of claims so as to prohibit their pub 12 City of Chicago v McCoy, 136 Ill. 344 (1891). 13 Stein v Meyers, 253 III. 199 (1912). 14 City of Chicago v McCoy, 136 Ill. 344 (1891). 15 Report Attorney General 1916, p. 258. 16 Report Attorney General 1916, p. 271. 17 City of Chicago v McCoy, 136 Ill. 344 (1891); Perkins v Commissioners lication in a German newspaper, whether the notices are printed in English or in German.18 This section does not require all court proceedings to be conducted in English. For example, it has been held that this section has no application to oral testimony, depositions, or documentary evidence." Nor does it operate to prevent the minutes and notes from which the clerk makes up the record, from being entered in an unusual system of abbreviations, such as "Petit, Oct. 17, 1913, Jury verd. fdg. issue for pltf. das. at $9,500.00 & costs. Jdg. on fdg."20 The requirement of this section, that judicial proceedings be conducted in the English language, is confined to the formal record history of the cause, as distinguished from the temporary memoranda made by the clerk. For example, a judgment was held void because the formal and final record thereof was entered in a system of abbreviations which would be unintelligible to an English speaking person, such as "Fndg. deft. g. withh. prem. descr. in complt.; judg. on fndg. & C." The Attorney General ruled that this section requires all judicial proceedings to be preserved, so as to render invalid a proposed act of 1917 requiring the destruction of the records of the disposition of cases of delinquent children, when delinquency did not recur within two years. Upon the basis of this ruling, the Governor vetoed the bill.22 Section 19. The General Assembly shall pass all laws necessary to carry into effect the provisions of this Constitution. Section 20. The circuit clerks of the different counties having a population over sixty thousand, shall continue to be Recorders (ex officio) for their respective counties, under this constitution, until the expiration of their respective terms. (See article 10, sections 8, 9.) Section 21. The judges of all courts of record in Cook county shall, in lieu of any salary provided for in this Constitution, receive the compensation now provided by law until the adjournment of the first session of the General Assembly after the adoption of this Constitution. This section operated to limit the time when judges of the courts of record in Cook County were to begin to receive the compensation provided for in the constitution of 1870, to the date of the adjournment sine die of the regular session of the General Assembly of 1871-72. The "compensation now provided by law," for the judge of the old circuit court of Cook County, consisted, under the constitution of 1848 18 People v McCoy, 136 Tll. 344 (1891); Report Attorney General 1900, p. 350. 19 Loehde v Glos, 265 Ill. 401 20 People v Petit, 266 Ill. 628 (1914). 21 Stein v Meyers, 253 Ill. 199 (1912); Loehde v Glos, 265 Ill. 401 (1914). 22 Veto Messages 1917, p. 51. and the statutory provisions in force in 1870, of $1,000 per annum from the state, $1,500 per annum from the county, and of certain docket fees. The new constitution (article 6, section 23) provided that the circuit court of Cook county should consist of five judges. Section 16 of article 6 of that instrument provided that the circuit judges outside of Cook county should receive $3,000 per annum from the date of the adoption of the new constitution, until otherwise provided by law. Section 25 of article 6 provided that the circuit judges in Cook county "shall receive the same salaries, payable out of the state treasury, as is or may be paid from said treasury to the circuit judges of the state, and such further compensation to be paid by the county of Cook as is or may be provided by law." In a mandamus proceeding begun in 1872, to compel the payment by the state to a judge of the circuit court of Cook county, who had been elected under the new constitution, of a salary of $3,000 per annum, the court held that all of the judges of the circuit court of Cook county, until the adjournment of the first session of the General Assembly, were entitled under the provisions of section 21 of the schedule to a salary from the state of but $1,000 per annum. The court suggested, however, that each of the new judges of the circuit court of that county might also be entitled to the $1,500 per annum paid by the county to the single judge of the old circuit court, and also to the docket fees received by that judge.23 In a later case it appeared that: "The legislature commenced its first session on the 4th of January, 1871, and on the 17th day of April, of that year, after winding up the business in the way usual before an adjournment sine die, in pursuance of a resolution adopted before, both houses were declared by the respective presiding officers adjourned to the 15th of November, 1871; that the Governor of the state convened the General Assembly, for certain purposes specified in his proclamation, in June, 1871, and after disposing of the business for which the legislature was assembled, both houses adjourned in the same month without day; that afterwards the General Assembly was by the Governor again convened on the 13th day of October, 1871, to consider certain subjects mentioned in his proclamation, and after disposing of the business presented by the Governor, the General Assembly during the same month adjourned without day. At the time before fixed, on the 15th day of November, 1871, the General Assembly reassembled, and continued to transact business until April 12, 1872, when it adjourned without day."2 The court held that the adjournment on April 12, 1872, was "the adjournment of the first session of the General Assembly," contemplated by the provisions of the section under consideration. Section 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law. Section 23. When this constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mill tax provided to be annually assessed and collected upon each dollar's worth of taxable property, in addition to all other taxes, as set forth in article fifteen of the now existing constitution, shall cease to be assessed after the year of our Lord one thousand eight hundred and seventy. 28 People v Lippincott, 63 Ill. 504 (1872). |