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and to fix the times for holding the same in the several counties in the judicial circuits in the State of Illinois, exclusive of the county of Cook."" Which was ordered to a first reading.

On motion of Mr. Steele,

The rules were suspended and the bill read at large a first time, and ordered to a second reading, and referred to the committee on judicial department and apportionment.

Mr. Hinchcliffe (by unanimous consent) presented a petition relating to the village of "Prairie du Pont."

Which was referred to the committee on judiciary.

Mr. Cusey (by unanimous consent) introduced Senate bill, No. 436, for "An act extending the time for the collection of taxes on the assessment for the year A. D. 1873, and delinquent and omitted taxes in the assessment book for said year."

Which was ordered to a first reading, and,

On motion of Mr. Cusey,

Referred to the committee on revenue.

A message from the Governor, by Philo J. Beveridge, Private Secretary:

Mr. President: I am directed by the Governor to lay before the Senate the following communication and the report of the Illinois Institution for the Education of Feeble-minded Children, report of Railroad and Warehouse Commissioners, and a circular relating to the International Exhibition of 1876:

To the Senate and House of Representatives :

SPRINGFIELD, ILL., January 6, 1874.

GENTLEMEN: Since your adjournment, seed-time and harvest have occurred. Health, peace and plenty have crowned the year. Law has been respected; public order has prevailed; and you meet again as the representatives of a great, growing and generous people.

It has been my endeavor to acquaint myself with the management and wants of the public institu tions of the State. It is gratifying to say that the management is generally satisfactory, and the wants, with one exception, beyond appropriations made, are very limited. In pursuance of law, I have appointed a Board of Trustees for the Southern Insane Asylum, and also for the Southern Normal University; and I recommend that the Board of Commissioners, authorized by an act approved April 15, 1871, be abolished, and the powers and duties thereof be conferred, respectively, upon the trustees of said institutions. The north wing of said Asylum was opened for the reception of patients the 15th of December last in accordance with my proclamation. To hasten the completion of the central building. the appropriation for which is payable out of the levy of 1873, the contract has been let. The wants of the institution require an appropriation, for additional furniture, for building a road to depot, for out-buildings, and for sundry inprovements and outlays upon the grounds and farm, which I respectfully ask the Legislature to make.

The Southern Normal University is nearly completed and furnished, and I urge the passage of the bill pending for current expenses, and recommend an appropriation for grading and improving the grounds.

The work on the Northern Illinois Hospital and Asylum for the Insane has progressed satisfactorily. The central building will be finished April first, and the south wing September first, next. In view of this early completion of the entire building, it will be necessary for the Legislature to provide, by appropriation, the ordinary expenses for 225 additional patients.

The Illinois Charitable Eye and Ear Infirmary has laid the foundation for a plain, neat and substantial edifice, on a desirable lot in the West Division of the city, donated by the Chicago Relief and Aid Society.

The new building for the Education of the Blind is enclosed and under contract, to be finished by August first, next. Before the building can be made available, an appropriation for heating and furnishing is required, which I recommend.

The dining hall for the Deaf and Dumb Institution is erected and in use, and the foundations for the chapel and school building are laid.

The Institution for the Education of Feeble-minded Children is, in my opinion, a public charity worthy of your serious consideration. I am aware money is stringent, and the people are burdened with taxation; yet, out of sympathy for this class of unfortunates and their parents, many of whom are poor, and having confidence in the usefulness of the institution, I favor the appropriation to provide permanent and adequate buildings for the same, a bill for which is pending before the Legisla ture. The annual report of the trustees of this institution is herewith submitted.

The Soldiers' Orphans' Home is a model of neatness, thrift and economy, and an honor to the patriotism of the State. The annual report of the trustees represents the needs of the Home, to which the Legislature is respectfully referred. That the orphans of our brave dead may be better clothed, fed and cared for, I recommend the appropriation asked for in that report I know it may be said that many of the inmates have more comforts and advantages than they otherwise would. If this was not so, the institution would fail of its object, and be a disgrace to a Christian people. The care of the State is a small recompense for the loss of home, ever so humble, and for the loss of a loving father, ever so low his station in life, yet good enough to die for his country.

The affairs of the Illinois Hospital for the Insane, and the Normal University, have been wisely and economically administered, and these institutions at present require no additional appropriations. Pursuant to an act approved May 7, 1873, and in force July 1, 1873, the board of trustees of the Illinois Industrial University has been reorganized. The new building is finished and occupied. The institution is in a flourishing and prosperous condition, and is worthy of the fostering care of an industrial people.

By the terms of the act incorporating the Illinois Agricultural College, located at Irvington, in Washington county, certain college and seminary lands of the State were granted this institution. The College is the owner of 550 acres of land and buildings, and last year had an attendance of 226 students. I respectfully suggest that the Legislature take action to determine the relation of this institution to the State, and ascertain what interest the State has in its property, and make such disposition thereof as may be equitable and just to all parties concerned.

The Board of Trustees of the Reform School has been re organized as required by an act in force July 1, 1873. This institution is fully meeting the expectations of its friends. Its wants are made known in the Annual Report of the Trustees, herewith presented to the Legislature. Its inmates are largely in excess of its accommodations, and humanity and public interest, in my opinion, demand the passage of the bill pending, making appropriations to that institution.

The Penitentiary, in years past an expense to the State, under the system of hiring the labor of the convicts, is self-sustaining, and asks no appropriation. The health and tone of the prison were never better. The discipline, less severe, is firmer and improved, the result of which is apparent in the largely diminished number of punishments, and in the increased amount and quality of work performed. The Canal Commissioners furnish a report for the last fiscal year, which I have the honor to transmit herewith. The affairs of the Canal and the Illinois River Improvement are managed with great pru dence and economy. I join the Commissioners in recommending an appropriation of $1,600 for repairing the lock-gates of the Little Wabash River Improvement, to make that improvement available to the south-eastern section of the State. The Commissioners have been to extraordinary expense in rebuilding the dam across Fox river at Dayton, and in removing the earth-slides from the canal between Bridgeport and the Sag. The latter threatens to be a source of trouble and expense in the future. The revenues of the Canal and Lock at Henry, from all sources, for the fiscal year ending November 30, 1873, amount to $174,359 06, being $838 91 less than the year preceding. The net revenues having been appropriated for the construction of a lock and dam across the Illinois river, at or near Copperas creek, the Commissioners, on and before October 30. 1873, deposited with the State Treasurer $100,000 for that purpose; and the Treasurer, as directed by law, invested the same in U. S. bonds.

The Commissioners caused an estimate to be made of the cost of constructing the said lock and dam, which estimate was $427, 493. Being less than the limitation of the act, this estimate was approved by the Executive and filed with the Auditor.

Congress, at its last session, appropriated $100 000 for the improvement of the Illinois river. Believ ing that the most judicious expenditure of this appropriation would be in aiding the State to carry out its system of improvements on that river, application, at an early day, was made to the proper United States authorities, for the expenditure of a portion of that appropriation, in putting in the lock bottom at Copperas creek, which application was successful. The United States government has undertaken to put in the lock bottom, at a cost of about $80,000. The work is under contract to be completed June 1, 1874, and it would have been completed early in the spring, had not the late high water caused serious delay.

Since the making of said report, the Commissioners, in pursuance of law, have contracted with Willard Johnson, Esq., to construct the lock and dam at Copperas creek, for $267.219; so that the en. tire cost to the State, including all incidentals, will not be far from $300, 000, instead of $430,000, as contemplated by the act authorizing the construction.

The Legislature has under consideration the revision of the laws, and I urge the completion of the revision by this General Assembly, and the publication of the laws, in a compact form, for the use of the various officers throughout the State. The State has not copies of the session laws for general distribution. If it had, the laws in that form are inconvenient, especially to a large number of persons, not versed in law, who exercise official duties for the public good, to the sacrifice of their own private interests.

Horticulture is demanding the attention of many of our citizens, and the friends of that interest, and of the Illinois Horticultural Society, ask the passage of the bill to re-organize that society, and the bill making an appropriation for the same, in which request I join.

In view of the late disaster on one of our railroads, I deem it important for the Legislature to consider whether some additional legislation is not necessary for the better protection of persons and property transported upon railroads in this State; providing severe punishments, not only for placing obstructions upon and tearing up the track but for injury to person and property through carelessness or negligence of officers and employees of railroad companies.

I desire to call the attention of the Legislature to the International Exhibition of 1876, in Philadelphia, and submit, herewith, for its consideration, a circular issned November 12, 1873, by the United States Centennial Commission, inviting the several States and Territories to appoint State Centennial Managers. The importance of this exhibition. international in its character, commemorative of American Independence, and associated with the honor and future prosperity of the nation, demands that the arts, manufactures and products of the soil and mines of Illinois be well represented; and I ask that the Legislature take early action, and intimate, by law or resolution, the will of the people in this matter.

I submit, herewith, with my full approval, the annual report of the Railroad and Warehouse Commissioners. The Commissioners, by law, have the supervision of railroads and warehouses, as related to the public interests, the registration of warehouse receipts, and inspection of grain in every city in which is located a warehouse of class A, and of the making and revising for each of the railroad corporations doing business in this State, a schedule of reasonable maximum rates of charges for the transportation of passengers, freight and cars. Their work is vast, comprehensive and difficult, involving immense interests. They have discharged their official duties with an earnestness and fidelity worthy of commendation, of which their full and able report is ample evidence. The Commission was unfortunately deprived of the services of one of its members; and in the death of Hon. H. D. Cook, chairman of the Board, the Commission and the State suffered great loss.

It is the constitutional duty of the General Assembly to pass laws for the inspection of grain, for the protection of producers, shippers and receivers of grain and produce; and it is important to consider whether the present legislation is sufficient to protect these classes.

It is also the constitutional duty of the General Assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts. Public warehouses, in which large quantities of grain are stored in bulk, and the grain of different owners is mixed, are vast grain banking houses,

issning receipts, commercial in their character, representing large values, and held as securities for advances. The best interests of production and commerce demand that these receipts be genuine and honored when presented, or some legal excuse given therefor. In my opinion additional legislation is needed for the better protection of all parties against the use of false and fraudulent warehouse receipts.

In every city, in which is located a warehouse of class A, the State has assumed the inspection of grain. It has been my endeavor, and that of the officers having the supervision and charge of the inspection, to improve and perfect that inspection. Some have questioned whether the State inspection is equal to the old system. I am not prepared to recommend any change. I believe the present system gives better satisfaction and an improved confidence among the producing classes.

Under the old constitution the State raised money by taxation for canal purposes, and counties, towns and cities, pursuant to law, voted large sums of money in aid of railroads. By the new constition both are prohibited. The navigation of our rivers may be improved by the State, but no canal can be enlarged or extended, except by an appropriation of its surplus earnings; and railroads can only be built by private capital.

The prosperity of the State is largely dependent upon its transportation, and very largely dependent upon railroad transportation, On the other hand, the transportation lines are entirely dependent upon the people and the industries of the country. Such are the relations of dependency between production and transportation, that any antagonism is detrimental to both. Any policy that affects the one will soon affect the other. One cannot prosper, a long time, at the expense of the other.

The true policy of the State is to foster and encourage railroad corporations, holding them to a strict accountability, and requiring, in the management, safety and economy, without unjust discrimi nation and extortion. The true policy of railroad corporations is to meet the wants of the people, and encourage the industries of the State, by affording every reasonable facility for transportation, at the lowest possible paying rates.

By the terms of the constitution the General Assembly is required to pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs, and, from time to time, to pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State. The anthority to correct abuses is sufficient for the correction of all abuses which railroad corporations may practice. Unjust discrimination and extortion are abuses, and establishing reasonable maximum rates is to prevent such abuses. These abuses are wrongs at the common law, recognizable by the courts, and the courts have the power to determine what act constitutes an unjust discrimination or extortion, or what is a reasonable maximum rate. The constitution is either declaratory of the common law requiring the legis lature to enforce laws passed in pursuance thereof, by adequate penalties, even to the forfeiture of property and franchise; or it grants to the legislature the authority to determine, by law, what act constitutes an unjust discrimination or extortion, or what is a reasonable maximum rate, which law shall be binding upon railroad corporations, and shall not be questioned by any other branch of the government. The supreme court, in a late decision, inclines to the former construction, and the legis lature, by the act approved May 2, 1873, conforms thereto.

Section 3 of said act declares, that certain acts done by railroad corporations shall be deemed and taken, not as unjust discriminations, but as prima facie evidence of unjust discriminations. Section 8 directs the Railroad and Warchouse Commissioners to make, for each of the railroad corporations doing business in this State, a schedule of reasonable maximum rates of charges, which shall be deemed and taken, in all the courts of this State, not as reasonable maximum rates, but as prima facie evidence thereof.

The commissioners have prepared and published the schedules required by law, and submit the same with their report. By the terms of said act, these schedules become prima facie evidence on the 15th instant.

The act approved May 2, 1873, was in force July 1, 1873. On that day, rates were largely advanced on some of the leading lines in the State, under the plea of conforming to law. While this action may have conformed to that part of the law forbidding unjust discrimination, it hardly conformed to that part of the law forbidding extortion. The plea for this advance cannot be maintained. The wisdom of the advance was soon doubted by railroad managers, and their schedule of rates, in many instances, modified.

What the railroad corporations will do after the 15th of January, when the schedules are in full force, I cannot say. Should they fail or refuse to comply with the terms of the act, it will be the duty of the executive and the officers of the law to execute with energy and enforce with rigor the will of the people, as expressed by the Legislature. The people demand that public corporations shall subserve public interests, and to this imperative demand every branch of government must and will conform. The sooner the problem is solved, the better, in my opinion, for all concerned. Once solved, I feel assured the people will be just and reasonable in their legislation towards corporate bodies, and give them all privileges consistent with the public good.

I recommend a full and fair trial of the law passed at the former session; and if, upon trial, it is found that the schedule of rates prepared and published by the commissioners is unjust or unfair to the people or railroads, the commissioners can change and revise the same, and such action will meet the approval of a candid and considerate people.

All of which is respectfully submitted."

On motion of Mr. Starne,


The message of the Governor was taken up and read.

Mr. Sheldon (by unanimous consent) offered the following resolution : Resolved by the Senate, That 5,000 copies of the Governor's message communicated this day be printed for the use of the Senate.

On motion of Mr. Sheldon,

The rules were suspended for the purpose of considering the foregoing resolution.

Mr. Yager offered the following amendment:

Amend by adding after the word "Senate," the following: "in English, and 2,000 in German."

Mr. Hampton moved to refer the resolution and amendment to the committee on printing; which motion was decided in the negative. Mr. Crews offered the following amendment to the amendment, which was lost:

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• Amend the amendment by adding after the words "in German,” “one thousand in Scandinavian."

The question being, "Shall the amendment be adopted?" and the yeas and nays being demanded, it was decided in the affirmative by the following vote:

Those voting in the affirmative are,

Messrs. Archer, Dow, Ferrell, Glenn, Gundlach, Hampton, Hinchcliffe Kehoe, Kelly, Murphy, Nicholson, Palmer, Reynolds, Sanford, Sheldon, Shepard, Starne, Steele, Upton, Voris, Ware, Yager, Youngblood-23.

Those voting in the negative are,

Messrs. Baldwin, Burke, Casey. Castle. Crews, Cummings, Cunningham, Cusey, Henry, Hundley, Jacobs, Warren, Whiting, Wilcox-14.

The question then being, "Shall the resolution as amended be adopted?" and the yeas and nays being demanded, it was decided in the affirmative by the following vote:

Those voting in the affirmative are,

Messrs. Archer, Baldwin, Castle, Cummings. Cunningham, Dow, Ferrell, Glenn, Gundlach, Hinchcliffe, Jacobs, Kehoe, Kelly, Murphy, Nicholson, Reynolds, Sanford, Sheldon, Shepard, Short, Starne, Steele, Upton, Ware, Warren, Yager, Youngblood-27.

Those voting in the negative are,

Messrs. Burke, Casey, Crews, Cusey, Hampton, Henry, Hundley, Palmer, Voris, Whiting, Wilcox-11.

Mr. Steele, (by unanimous consent,) from the joint special committee on revision, made the following report:

To the Honorable the President of the Senate and Speaker of the House of Representatives:

Your committee would respectfully report that, pursuant to the following resolutions, to-wit:

Resolved by the Senate, the House of Representatives concurring therein, That there be appointed a joint committee on the revision of the Statutes, consisting of two from the Senate and three from the House of Representatives, the committee to act in conjunction with revision commissioners.

Resolved, That all bills for the revision of the Statutes which have been prepared by the revision commissioners, and not heretofore acted upon by either house, be submitted to said committee, and that said committee be authorized to continue its session after the adjournment of the present session of the General Assembly until the first day of November next; to employ a clerk, at a compensation not exceeding five dollars per day; and it shall be the duty of said committee, in conjunction with the acting commissioner of revision, to prepare all bills that may be necessary to complete the said revision, and report the same to the next regular or adjourned session of the General Assembly.

Resolved, That upon such bills being prepared and approved by said committee, five hundred copies of each be printed for the use of the two houses in the manner provided by law for printing bills, and that two hundred and twenty-five copies thereof be bound together in pamphlet form, and at the opening of the next meeting of the adjourned session of the General Assembly, distributed to the members thereof, and said committee shall distribute one copy of each revised chapter to each member of the General Assembly as soon as revised and printed.

They have prepared, in conjunction with the acting Commissioner of Revision, bills embracing the following subjects, which they have caused to be printed, and herewith submit and recommend their pas sage, to-wit:


Adoption of Children.

Agricultural Department.

Amendments and Jeofails.


Attachment of Boats and Vessels.

Attorney General and State's Attorneys.

Attorneys and Counselors.

Canal Companies.

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Circuit Courts and Superior Court of Cook County.

Criminal Court of Cook County.

Terms of Cook County Courts.

County Courts.

Criminal Jurisprudence.

Domestic Animals.





Frauds and Perjuries.

Fugitives from Justice.

General Assembly.

Habeas Corpus.

Horse and Dummy Railroads.

Husband and Wife. (Submitted without recommendation.)

Illinois and Michigan Canal.



Jails and Jailers.

Joint Rights and Obligations.

Limited Partnerships.





Ne Exeat.


Oaths and Affirmations.

Official Bonds.

Oil Inspection.




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