§ 13. The State, exclusive of the county of Cook and other counties having a population of one hundred thousand, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present Judges of the Circuit Courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, and shall not exceed in number one circuit for every one hundred thousand of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed, and the boundaries of circuits changed, by the General Assembly, at its session next preceding the election for Circuit Judges, but at no other time: Provided, That the circuits may be equalized or changed at the first session of the General Assembly after the adoption of this Constitution. The creation, alteration or change of any circuit shall not affect the tenure in office of any judge. Whenever the business of the Circuit Court of any one or of two or more contiguous counties, containing a population exceeding fifty thousand, shall occupy nine months of the year, the General Assembly may make of such county or counties a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed. § 14. The General Assembly shall provide for the times of holding court in each county, which shall not be changed, except by the General Assembly next preceding the general election for judges of said courts, but additional terms may be provided for in any county. The election for Judges of the Circuit Courts shall be held on the first Monday in June, in the year of our Lord one thousand eight hundred and seventythree, and every six years thereafter. § 15. The General Assembly may divide the State into judicial circuits of greater population and territory, in lieu of the circuits provided for in section thirteen of this Article, and provide for the election therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the Circuit Courts in the circuit for which they shall be elected, in such manner as may be provided by law. § 16. From and after the adoption of this Constitution, Judges of the Circuit Courts shall receive a salary of three thousand dollars per annum, payable quarterly, until otherwise provided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, respectively, elected; and from and after the adoption of this Constitution, no judge of the Supreme or Circuit Court shall receive any other compensation, perquisite or benefit, in any form whatsoever, nor perform any other than judicial duties to which may belong any emoluments. § 17. No person shall be eligible to the office of judge of the circuit or any inferior court, or to membership in the "Board of County Commissioners," unless he shall be at least twenty-five years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities or incorporated town in which he shall be elected. County Courts. § 18. There shall be elected in and for each county, one county judge and one clerk of the County Court, whose terms of office shall be four years. But the General Assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of and exercise the powers and jurisdiction of county judges in such districts. County Courts shall be courts of record, and shall have original jurisdiction in all matters of probate; settlement of estates of 2 deceased persons; appointment of guardians and conservators, and settlements of their accounts; in all matters relating to apprentices; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law. § 19. Appeals and writs of error shall be allowed from final determinations of County Courts, as may be provided by law. Probate Courts. § 20. The General Assembly may provide for the establishment of a Probate Court in each county having a population of over fifty thousand, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appointment of guardians and conservators and settlements of their accounts, in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts. Justices of the Peace and Constables. § 21. Justices of the Peace, Police Magistrates and Constables shall be elected in and for such districts as are or may be provided by law, and the jurisdiction of such Justices of the Peace and Police Magistrates shall be uniform. State's Attorneys. § 22. At the election for members of the General Assembly, in the year of our Lord one thousand eight hundred and seventy-two, and every four years thereafter, there shall be elected a State's Attorney in and for each county, in lieu of the State's Attorneys now provided by law, whose term of office shall be four years. Courts of Cook County. 23. The county of Cook shall be one judicial circuit. The Circuit Court of Cook county shall consist of five judges, until their number shall be increased, as herein provided. The present Judge of the Recorder's Court of the city of Chicago, and the present Judge of the Circuit Court of Cook county, shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The Superior Court of Chicago shall be continued, and called the Superior Court of Cook County. The General Assembly may increase the number of said judges, by adding one to either of said courts for every additional fifty thousand inhabitants in said county, over and above a population of four hundred thousand. The terms of office of the judges of said courts hereafter elected shall be six years. $ 24 The judge having the shortest unexpired term shall be Chief Justice of the court of which he is a judge. In case there are two or more whose terms expire at the same time, it may be determined by lot which shall be Chief Justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof at the same time. 25. The Judges of the Superior and Circuit Courts and the State's Attorney in said 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 and State's Attorneys of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided by law; such compensation shall not be changed during their continuance in office. § 26. The Recorder's Court of the city of Chicago shall be continued, and shall be called the "Criminal Court of Cook county." It shall have the jurisdiction of a Circuit Court, in all cases of criminal and quasi criminal nature, arising in the county of Cook, or that may be brought before said court pursuant to law; and all recognizances and appeals taken in said county in criminal and quasi criminal cases shall be returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to dispose of unfinished business. The terms of said Criminal Court of Cook county shall be held by one or more of the Judges of the Circuit or Superior Court of Cook county, as nearly as may be in alternation, as may be determined by said judges or provided by law. Said judges shall be, ex-officio, judges of said court. § 21. The present Clerk of the Recorder's Court of the city of Chicago shall be the Clerk of the Criminal Court of Cook county, during the term for which he was elected. The present Clerks of the Superior Court of Chicago, and the present Clerk of the Circuit Court of Cook county, shall continue in office during the terms for which they were respectively elected; and thereafter there shall be but one Clerk of the Superior Court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified. § 28. All Justices of the Peace in the city of Chicago shall be appointed by the Governor, by and with the advice and consent of the Senate (but only upon the recommendation of a majority of the Judges of the Circuit, Superior and County Courts), and for such districts as are now or shall hereafter be provided by law. They shall hold their offices for four years, and until their successors have been commissioned and qualified, but they may be removed by summary proceeding in the Circuit or Superior Court for extortion or other malfeasance. Existing Justices of the Peace and Police Magistrates may hold their offices until the expiration of their respective terms. General Provisions. § 29. All judicial officers shall be commissioned by the Governor. All laws relating to courts shall be general and of uniform operation; and the organization, jurisdiction, powers, proceedings and practice of all courts of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally, shall be uniform. 30. The General Assembly may, for cause entered on the journals, upon due notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of all the members elected, of each House. All other officers in this Article mentioned, shall be removed from office on prosecution and final conviction for misdemeanor in office. § 31. All judges of courts of record, inferior to the Supreme Court, shall, on or before the first day of June of each year, report in writing to the Judges of the Supreme Court, such defects and omissions in the laws as their experience may suggest; and the Judges of the Supreme Court, shall, on or before the first day of January of each year, report in writing to the Governor such defects and omissions in the Constitution and laws as they may, find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the Judges of the several Circuit Courts shall report to the next General Assembly the number of days they have held court in the several counties composing their respective circuits the preceding two years. § 32. All officers provided for in this Article shall hold their offices until their successors shall be qualified, and they shall, respectively, reside in the division, circuit, county or district for which they may be elected or appointed. The terms of office of all such officers, where not otherwise prescribed in this Article, shall be four years. All officers, where not otherwise provided for in this Article, shall perform such duties and receive such compensation as is or may be provided by law. Vacancies in such elective offices shall be filled by election; but where the unexpired term does not exceed one year, the vacancy shall be filled by appointment, as follows: Of judges, by the Governor; of clerks of courts, by the court to which the office appertains, or by the judge or judges thereof; and of all such other offices, by the board of supervisors or board of county commissioners, in the county where the vacancy occurs. § 33. All process shall run, In the name of the People of the State of Illinois; and all prosecutions shall be carried on In the name and by the authority of the People of the State of Illinois, and conclude, Against the peace and dignity of the same. "Population," wherever used in this Article, shall be determined by the next preceding census of this State or of the United States. ARTICLE VII. Suffrage. SECTION 1. Every person having resided in this State one year, in the county ninety days, and in the election district thirty days next preceding any election therein, who was an elector in this State on the first day of April, in the year of our Lord one thousand eight hundred and forty-eight, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, in the year of our Lord one thousand eight hundred and seventy, or who shall be a male citizen of the United States, above the age of twenty-one years, shall be entitled to vote at such election. § 2. All votes shall be by ballot. § 3. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in the time of war or public danger. 4. No elector shall be deemed to have lost his residence in this State by reason of his absence on the business of the United States or of this State, or in the military or naval service of the United States. 5. No soldier, seaman or marine, in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed therein. § 6. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment. 87. The General Assembly shall pass laws excluding from the right of suffrage persons convicted of infamous crimes. ARTICLE VIII. Education. SECTION I. The General Assembly shall provide a thorough and efficient system of free schools, whereby all the children of this State may receive a good common school education. § 2. All lands, moneys or other property, donated, granted or received for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made. § 3. Neither the General Assembly, nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money or other personal property ever be made by the State, or any such public corporation, to any church, or for any sectarian purpose. § 4. No teacher, State, county, township or district school officer shall be interested in the sale, proceeds or profits of any book, apparatus or furniture, used or to be used in any school in this State, with which such officer or teacher may be connected, under such penalties as may be provided by the General Assembly. 5. There may be a County Superintendent of Schools in each county, whose qualifications, powers, duties, compensation, and time and manner of election, and term of office, shall be prescribed by law. ARTICLE IX. Revenue. SECTION 1. The General Assembly shall provide such revenue as may be needful, by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property-such value to be ascertained by some person or persons, to be elected or appointed in such manner as the General Assembly shall direct, and not otherwise; but the General Assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery-keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and persons or corporations owning or using franchises and privileges, in such manner as it shall, from time to time, direct by general law, uniform as to the class upon which it operates. § 2. The specification of the objects and subjects of taxation shall not deprive the General Assembly of the power to require other subjects or objects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this Constitution. 3. The property of the State, counties and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for schools, religious, cemetery and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law. |