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§ 36. The State of Illinois shall never be made defendant in any court of law or equity.
27. The General Assembly shall have no power to authorize lotteries or gift enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State.
§ 28. No law shall be passed which shall operate to extend the term of any public officer after his election or appointment.
§ 29. It shall be the duty of the General Assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventilation, when the same may be required, and the construction of escapement-shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper.
30. The General Assembly may provide for establishing and opening roads and cartways, connected with a public road, for private and public use.
31. The General Assembly may pass laws permitting the owners or occupants of lands to construct drains and ditches, for agricultural and sanitary purposes, across the lands of others.
32. The General Assembly shall pass liberal homestead and exemption laws. $33. The General Assembly shall not appropriate out of the State Treasury, or expend on account of the new Capitol grounds, and construction, completion, and furnishing of the State House, a sum exceeding, in the aggregate, three and a half millions of dollars, inclusive of all appropriations heretofore made, without first submitting the proposition for an additional expenditure to the legal voters of the State, at a general election, nor unless a majority of all the votes cast at such election shall be for the proposed additional expenditure.
SECTION 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, and Attorney General, who shall each, with the exception of the Treasurer, hold his office for the term of four years from the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law.
§ 2. The Treasurer shall hold his office for the term of two years, and until his successor is elected and qualified, and shall be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the Governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant.
§ 3. An election for Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, and Attorney General, shall be held on the Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and seventy-two, and every four years thereafter; for Superintendent of Public Instruction, on the Tuesday next after the first Monday of November, in the year one thousand eight hundred and seventy, and every four years thereafter, and for Treasurer on the day last
above mentioned, and every two years thereafter, at such places and in such manner as may be prescribed by law.
§ 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the Secretary of State, directed to "The Speaker of the House of Representatives," who shall, immediately after the organization of the House, and before proceeding to other business, open and publish the same in the presence of a majority of each House of the General Assembly, who shall, for that purpose, assemble in the hall of the House of Representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more have an equal, and the highest number of votes, the General Assembly shall, by joint ballot, choose one of such persons for said office. Contested elections for all of said offices shall be determined by both Houses of the General Assembly, by joint ballot, in such manner as may be prescribed by law.
§ 5. No person shall be eligible to the office of Governor or Lieutenant Governor who shall not have attained the age of thirty years, and been for five years next preceding his election a citizen of the United States and of this State. Neither the Governor, Lieutenant Governor, Auditor of Public Accounts, Secretary of State, Superintendent of Public Instruction, nor Attorney General, shall be eligible to any other office during the period for which he shall have been elected.
§ 6. The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed.
§ 7. The Governor shall, at the commencement of each session, and at the close of his term of office, give to the General Assembly information, by message, of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall account to the General Assembly, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and, at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes.
§ 8. The Governor may, on extraordinary occasions, convene the General Assembly, by proclamation, stating therein the purpose for which they are convened; and the General Assembly shall enter upon no business except that for which they were called together.
§ 9. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor may, on the same being certified to him by the House first moving the adjournment, adjourn the General Assembly to such time as he thinks proper, not beyond the first day of the next regular session.
10. The Governor shall nominate, and, by and with the advice and consent of the Senate (a majority of all the Senators elected concurring, by yeas and nays), appoint all officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the General Assembly.
§ II. In case of a vacancy, during a recess of the Senate, in any office which is not elective, the Governor shall make a temporary appointment until the next meeting or the Senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the Senate (a majority of all the Senators elected
concurring, by yeas and nays), sha.. 'old his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the Senate, shall be again nominated for the same office at the same session, unless at the request of the Senate, or be appointed to the same office during the recess of the General Assembly.
§ 12. The Governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy.
13. The Governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, subject to such regulations as may be provided by law relative to the manner of applying therefor.
§ 14. The Governor shall be commander-in-chief of the military and naval forces of the State (except when they shall be called into the service of the United States); and may call out the same to execute the laws, suppress insurrection, and repel invasion.
§ 15. The Governor and all civil officers of the State shall be liable to impeachment for any misdemeanor in office.
§ 16. Every bill passed by the General Assembly shall before it becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the House in which it shall have originated, which House shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members elected to that House, it shall become a law, notwithstanding the objections of the Governor. But in all such cases, the vote of each House shall be determined
by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the General Assembly shall, by their adjournment, prevent its return, in which case it shall be filed, with his objections, in the office of the Secretary of State, within ten days after such adjournment, or become a law.
17. In case of the death, conviction on impeachment failure to qualify, resignation, absence from the State. or other disability of the Governor, the powers, duties and emoluments of the office for the residue of the term. or until the disability shall be removed, shall devolve upon the Lieutenant Governor.
§ 18. The Lieutenant Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a President pro tempore, to preside in case of the absence or impeachment of the Lieutenant Governor, or when he shall hold the office of Governor.
19. If there be no Lieutenant Governor or if the Lieutenant Governor shall, for any of the causes specified in section seventeen of this article. become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the President of the Senate, for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Representatives.
Other State Officers
§ 20. If the office of Auditor of Public Accounts, Treasurer, Secretary of State, Attorney General, or Superintendent of Public Instruction, shall be vacated by death resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment. and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the Executive department, and of all the public institutions of the State, of all moneys received or disbursed by them, severally, from all sources and for every service performed, and a semi-annual report thereof be made to the Governor, under oath; and any officer who makes a false report shall be guilty of perjury and punished according.y."
§ 21. The officers of the Executive department, and of all the public institutions of the State, shall, at least ten days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit such report to the General Assembly, together with the reports of the Judges of the Supreme Court of defects in the Constitution and laws; and the Governor may at any time require information in writing, under oath, from the officers of the Executive department and all officers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices.
The Seal of State.
§ 22. There shall be a seal of the State, which shall be called the "Great Seal of the State of Illinois," which shall be kept by the Secretary of State, and used by him, officially, as directed by law.
Fees and Salaries.
23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this Constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. And all fees that may hereafter be payable by law for any services performed by any officer provided for in this article of the Constitution, shall be paid in advance into the State Treasury.
Definition and Oath of Office.
24. An office is a public position, created by the Constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished.
§ 25. All civil officers, except members of the General Assembly and such inferior. officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:
“I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States. and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my
And no other oath, declaration or test shall be required as a qualification.
OFFICE OF GENERAL SUPERINTENDENT
HUDSON RIVER R. R.,
NEW YORK, January 17, 1870.
T. M. AVERY, ESQ., Pres't National Watch Co.: DEAR SIR-The Watch made by your Company, which I have carried the past two months, has kept excellent time. I have carried it frequently on engines, and have been on the road with it almost daily. During this time it has run uniformly with our standard clock.
J. M. TOUCEY.
OFFICE OF GENERAL SUPERINTENDENT
OMAHA, Nebraska, December 16, 1869.
DEAR SIR-During the months that I have carried one of your B. W. Raymond Watches it has not failed to keep the time with so much accuracy as to leave nothing to desire in this regard.
For accuracy in time-keeping, beauty of movement and finish, your watches challenge my admiration and arouse my pride as an American, and I am confident that in all respects they will compete successfully in the markets of the world with similar manufactures of older nations. They need only to be known to be appreciated.
Yours, most respectfully,
C. G. HAMMOND, Gen'l Supt.
LAKE SHORE AND MICHIGAN SOUTHERN R. R.,
CHICAGO, January 27, 1870.
T. M. AVERY, ESQ., Pres't National Watch Co.: DEAR SIR-I have carried the Elgin Watch long enough to be able to pronounce it a first-rate timekeeper. I am making a very careful test of its performance, and will soon give you the results. I think it will show that the West can produce Watches equal to the manufacture of any part of the world. Yours, truly,
E. B. PHILLIPS, President L. S. & M. S. R. R. Co.
GENERAL SUPERINTENDENT'S OFFICE,
ALTOONA, January 19, 1870.
T. M. AVERY, ESQ., Pres't National Watch Co., Chicago:
DEAR SIR-This Company has purchased and put in the hands of its engine-men eighty "Raymond movements," which have given excellent satisfaction, and proved to be very reliable timekeepers. In addition to these, quite a number of Elgin Watches have been purchased by officers and employees of this Company, all of whom have been well pleased with the efficiency and regularity of the movements manufactured by the National Watch Company. Respectfully,
EDWARD H. WILLIAMS, Gen'l Supt.
Call on your Jeweler, and ask to see the Elgin Watches.
159 & 161 Lake St., Chicago. 1 Maiden Lane, New York.