towns were organized; but much special legislation for towns continued, and until 1870 city government was regulated mainly by special charters. After the prohibition of special legislation for cities, towns and villages, in the constitution of 1870, a general cities and villages law was enacted in 1872. Most of the previously existing cities and incorporated towns have reincorporated under the act of 1872 (335 to 1917); and 763 new cities and villages have been incorporated under this act. There are still, however, a few cities and a number of incorporated towns and villages operating under special laws passed before 1870; and in other places provisions of special charters relating to schools are still in force. Under the general provisions of the Cities and Villages act, the city government consists of a mayor, city clerk, and treasurer, and from 6 to 70 aldermen, elected for two year terms, one of the two aldermen from each ward being elected each year. The city attorney is provided for by statute, but is now appointed. In villages there is a president elected annually, and six trustees, three elected each year for two-year terms. Other officers are provided by optional laws, and by local ordinances. An act of 1910 authorizes cities and villages to adopt the commission form of government, under which cities and villages which adopt the act are governed by a mayor and four commissioners, all elected at large for terms of four years. The Cities and Villages act of 1872 has been freely amended and supplemented by later legislation. Some of this later legislation applies to all cities, villages and incorporated towns. Other acts apply to all cities and villages which have adopted the general law. Still other acts apply only to certain classes of cities and villages (usually within certain population limits), or to cities and villages which adopt them. Since the adoption of the constitutional amendment of 1904 authorizing special legislation for Chicago, subject to a local referendum, a number of special acts for Chicago have been passed and approved by the local voters. Legislation on city and village government now forms a large and complex volume of statutes; and every session of the General Assembly results in the addition of a considerable amount. Laws relating directly to cities and villages form more than 300 pages in Hurd's Statutes; and other laws on municipal affairs applying mainly to city and village communities bring the total to about 500 pages. Mention may be made of the acts relating to public libraries. which provide for boards of library trustees (elected in cities and appointed in villages), which have control over the libraries and their funds, and are substantially independent of the city and village government. Park districts. Three park districts were created in Cook County by special legislation before 1870; and a considerable 6 See Bulletin No. 6. on Municipal Home Rule. amount of later legislation has been passed applying only to these districts. Two general and optional laws for the organization of park districts were passed in 1893 and 1895, under which a number of such districts have been organized in different parts of the state. Additional park legislation has also been passed for certain classes of cities in 1899 and 1907, and (in 1911) for town and township parks and forest preserve districts. In Under the act of 1893 provision is made for the organization of pleasure driveway and paik districts in any area of contiguous territory containing two or more incorporated cities, towns or villages, and lying wholly within the same or adjoining townships, on petition and after an election ordered by the county judge. each of such districts a president and six trustees are elected for terms of two years, one-half of the trustees each year. The act of 1895 provides for organizing as park districts any territory in the same county or in two adjoining counties under township organization, on petition and after an election. In each district organized under this act, there are five commissioners elected, one each year for a term of five years. Under these laws park districts have been organized for East St. Louis, Peoria, Springfield, Rockford and a number of other cities in different parts of the State. In Cook County, 26 such park districts have been organized in addition to the three large park districts established by special legislation,-14 within the city of Chicago, and 12 for cities and villages outside of Chicago. A forest preserve district has been formed comprising the whole of Cook County for which the board of county commissioners is exofficio the board of forest preserve commissioners. Questions as to the exact legal status of park districts have been brought up in a number of cases before the courts; and have led to a number of judicial decisions, under which they are given a peculiar position. Under the general park laws and some of the special acts, park boards are given powers of local taxation; and are classed as corporate authorities, as only the corporate authorities of a municipal corporation may levy taxes for corporate purposes. It has been held that by the phrase "corporate authorities," must be understood as, "those municipal officers who are either directly elected by" the population of the district, "or appointed in some mode to which they have given their assent." Under this rule, an act providing for the appointment of a park board by the governor has been sustained, when the people of the park district had voted in favor of adopting the act. But where an act providing for the appointment of a park board by the circuit judges had been adopted by the proposed park district, a later act providing for appointment by the governor, which was not submitted to the people subject to taxation, was held void.' The Lincoln Park Board in Chicago does not, however, have the power of taxation; People v. Salomon, 51 Ill. 37 (1869); Harward v. St. Clair Drainage Co.. 51 I. 130 (1869); Cornell v. People, 107 Ill. 372 (1883); People v. Block, 276 Ill. 286 (1916). and park taxes for this district are levied by the taxing authorities of the towns included in the district. As already noted, it has been held that under the constitution of 1870 only the corporate authorities of cities, towns and villages could make local improvements by special assessment or special taxation, and that drainage districts, not being included, could not use these methods of paying for local improvements until specifically authorized by the constitution. But it has been held that park commissioners may be vested with authority to make such improvements by special assessment or special taxation, on the ground that they are corporate authorities of the cities, towns or villages in which the park districts are located. Public health districts. An act of 1917 provides for the organization of public health districts composed of one or more towns or road districts, on petition and local election. No additional officers are elected for such districts; but the district boards of health consist of existing officials, the county board for districts in counties not under township organization; the supervisor, assessor and clerk for districts composed of a single town; and the chairman of the county board with the supervisors of towns and clerks of road districts when the district comprises two or more towns and road districts. The district boards of health are authorized to appoint district health officers, from those held to be competent by the state board of health, and also to appoint public health nurses, and to provide necessary health measures, and to levy a tax for such purposes. Only one public health district appears to have been organized for La Salle, Peru and Oglesby, in La Salle County. Complexity of local government. As a result of the numerous different types of local districts provided for by the constitution. and statutes, and the still more numerous and detailed laws relating to them, the machinery of local government in Illinois presents a highly intricate and complicated network of local areas and authorities, more confusing than in any other state. It is true that not all of the different kinds of districts are to be found covering all the territory of the state. The more complex arrangements are to be found in the urban communities; and among these the conditions are most confusing in the larger communities. But even outside of the urban communities the situation is far from simple. 8 Dunham v. People, 96 Ill. 331 (1880); West Chicago Fark Commissioners v. W. U. Tel. Co. 103 Ill. 33 (1882); West Chicago Park Comrs. V. Sweet, 167 Ill. 326 (1897); West Chicago Park Comrs. v. Farber, 171 Ill. 146 (1898); Van Nada v. Goedde, 263 Ill. 105 (1914). Conditions in Chicago and Cook county present the maximum degree of complexity and confusion; and these are described in some detail in Bulletin No. 11. As an illustration of conditions in other parts of the state, attention may be called to the group of local agencies for the region including East St. Louis and its neighborhood, which has been combined for sanitary and drainage purposes into the East Side Levee and Sanitary District, organized under an act of 1907. The East Side Levee District includes parts of two counties,— St. Clair and Madison. Within its limits are the whole or part of nine townships, (four in St. Clair county and five in Madison county); the cities of East St. Louis, Venice and Granite City; the East St. Louis Park District; several villages and also school districts. The total population of the levee district is estimated at about 150,000. The total assessed valuation is $21,623,162, of which about three-fourths is in St. Clair county and five-eighths in the city of East St. Louis. Somewhat similar conditions are to be found in other parts of the state, where there are several urban municipalities in close proximity to each other, as Rock Island and Moline, Champaign and Urbana, and LaSalle and Peru. - The problem of local government for such communities, and also for many other localities where the present situation is only slightly less complex, could be more effectively dealt with through a more unified and simpler machinery. One result of the existing situation is the enormous burden placed on the voters in selecting the large number of officials for the numerous governing bodies. A large number of elective county officials are required by the state constitution, and others have been added by statute; and these are elected at the general elections in November of even years, at the same time as state officials, members of Congress and (at presidential elections) presidential electors. From 35 to 70 officials are elected at one time; and the ballots often contain the names of 200 candidates in down state counties and more than 400 candidates in Cook county.9 For other local districts, the number of officials to be elected for each governing body at one time is not so large; and as the elections for the different local districts are held at different times, the total number to be voted for at one election is in most cases a good deal less than at the November elections. But this is secured by multiplying the number of separate local elections; and these spring elections are so many as to impose a serious burden on the conscientious voter. There are seven regular local elections each year in the spring months, and in years when circuit or supreme court judges are elected there are eight elections within five months, as follows: Primary election, in cities. February. Township primary. (No time fixed by law). See Bulletin No. 5, on the Short Ballot. day. Town and road district election, April, first Tuesday. Supreme and circuit court judges, election, June. These are in addition to the general state primaries and elections in September and November every second year and the presidential primaries in April every fourth year. Local finances. Something of the importance of local government as a whole, and of the relative importance of different local authorities, may be indicated by a brief examination of available. data as to local finances. The scope of this inquiry is necessarily limited by the absence of adequate official public records of local finances, and the consequent lack of anything like complete information. The table below presents statistics as to state and local taxes levied for the years 1872, 1880, 1890, 1900 and 1917. Total $19,821,620 $24,533,326 $33,991,709 $50,240,931 $148,609,889 a Compiled from Reports of the Auditor of Public Accounts. Cents are disregarded. It will be noted that in 1872, local taxes were about four times as much as the state property tax; and that in 1900 while the state tax was but little more than in 1872, local taxes had nearly trebled, and were more than eleven times the state tax. Since 1900, the state tax has increased rapidly, and at a relatively larger rate than local taxes; but the local taxes had again nearly trebled in 1917, and were five times as much as the state tax in that year. County taxes showed little increase to 1900, but since then have more than trebled. For other local taxes the data is not given separately for the earlier years. But city and village taxes have increased rapidly, and trebled from 1900 to 1917; school taxes in 1917 were more than two and a half times as much as in 1900, and form the largest item in the list of taxes; road and bridge taxes were three and a half times as much in 1917 as in 1900. Nearly all the drainage and park taxes are reported from Cook County. |