TUESDAY, MAY 4, 1915, 10:00 O'CLOCK A. M.

The House met pursuant to adjournment,

The Speaker in the chair.

Prayer by the Rev. Samuel Fallows.

The Journal of yesterday was read and approved.

A message from the Senate by Mr. Paddock, Journal and Executive Secretary:

Mr. Speaker-I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to wit:

SENATE BILL NO. 164.

A bill for "An Act to amend sections 9, 10, 11 and 12 of an Act entitled, 'An Act to establish the Illinois State Reformatory and making an appropriation therefor,' approved June 18, 1891, in force July 1, 1891, and to add two new sections thereto to be known as sections 14a and 14b." Passed by the Senate April 28, 1915.

A. E. EDEN, Secretary of the Senate.

The foregoing Senate Bill No. 164, was taken up, read by title, ordered printed, and to a first reading.

The House proceeding upon the order of petitions, Mr. Shurtleff presented the following letter and matter submitted by Mr. Edward P. DeWolf of Waukegan, as to the north boundary line of Illinois, and asked that the same be incorporated in the Journal of the House: WAUKEGAN, ILLINOIS, April 18, 1915.

Hon. Edward D. Shurtleff, Springfield, Ill.

DEAR SIR: Replying to your favor of the 15th inst., I regret that I have not got a decent copy of the manuscript now with the Chicago Historical Society, nor copies of all of the maps. The manuscript is pretty long, about 40,000 words, the copying of which and the maps would take considerable time and entail some expense. The Historical Society is to publish them, but just when, I cannot say. It happened, however, that a neighbor found for me a copy of the Gazette's sort of report, and perhaps there is sufficient in it to enable you to grasp the subject as I have endeavored to present it.

Your county is, by the Constitution, I think, given jurisdiction over a strip that lies north of the marked state line, that is property between 1,700 and 1,800 feet wide, along its whole northern border, but to my mind that the serious part of the error is the line's location, is of that part which lies north of latitude 42°.30' from and west of about the center line of Winnebago County to the Mississippi River, conflicting as it does with the jurisdictional prescription of Article I of the Constitution.

May it not be possible, when made public, to resist the jurisdiction of the counties and the State, over the strips mentioned? The fact that Boone, McHenry and Lake counties do not go as far north as they should is perhaps another matter.

Do you not think that these questions should be investigated? I have submitted the matter to you, as it appears to me, with the ideas that it may interest you, and have mailed to you, under a separate cover, rough tracings of maps showing the extreme east and west relative locations of the State line and the lines of north latitude 42°.30' which may illustrate the subject

better than my words do. Kindly return the map tracings to me after you have got through with them.

With regards, I remain,

Yours very truly,

(Signed) EDWARD P. DEWOLF.

WRONGFULLY MARKED.

Mr. E. P. DeWolf, former mayor of this city, and considered an authority on things pertaining not only to the history of Waukegan, but of the State and country as well, in a lecture before the Chicago Historical Society on February 16, brought out some interesting facts bearing on the State line between Illinois and Wisconsin, and as a result of the disclosures made at that time it is thought that there will be some action taken here and throughout the State, to either have the Constitution of the State amended or some other move started to rectify the errors made in the early days of the State's history when the present State line was surveyed and marked. The subject of the address was suggested eighteen years ago when, as Mr. DeWolf relates, he was interested in plans for a North Shore water system, and had occasion to consult the war department's coast chart of the west coast of Lake Michigan, particularly as to that part of the shore which lies north of Big Dead River to and a little beyond the State line.

That chart placed the Illinois-Wisconsin boundary line, according to Mr. DeWolf, at the shore more than half a mile south of the line of latitude which the State Constitution prescribes as the northern boundary and jurisdictional limits of the State. At first he thought that the government Cartographer had made an error, subsequent investigation there and along the State line west to its western terminal in the center of the Mississippi River proved that the line was not in latitude 42°.30′ except at the point where it crosses that latitude about half way across the State; that at the Mississippi River where the line survey was started in 1831, a stone monument was erected at a point about five-eighths of a mile too far north; that the line was run that year to the 4th principal meridian, and the next year to the Rock River, was run on a sort of curve, first bearing a little south, and then a little northerly, so that the Rock River was reached at a point about 4,200 feet north of latitude 42°.30 minutes.

Mr. DeWolf went on to show what had been done following the discovery of this difference in the line at various points. The boundary commission discovered that they were wrong and decided that they were 5,500 feet too far north, so they made an offset in the line to a point that distance south, really 1,300 feet too far, and then continued their survey easterly bearing slightly to the south for nearly ten miles. After this for nearly fifty miles, their line was run almost due east and parallel to, though south of latitude 42°.30'. Then, commencing at a point approximately ten and one-half miles west of Lake Michigan their line bore southerly nearly one and one-half degrees from a true east course, striking the lake shore where the east terminal post was set, about 2,900 feet south of the line of latitude they were to locate.

After they had set the east terminal post the party Mr. DeWolf found went back over their course to the offset on the east bank of the Rock River, 1,300 feet south of the proper point and from there ran what they termed a corrected line back so as to join the original line 18 miles west of the fourth principal meridian, the remainder of the original line they seemed to think was properly located.

The result of the commissioner's work was an irregular diagonal line which began on the east bank of the Mississippi River, 3,200 feet too far north and, bearing southerly as it was produced east, crossed the line of north latitude 42°.30 near west longitude 89°.20, and from there was produced on about the same course, through the Rock River offset to a point nearly ten miles east of there, where it suddenly assumed a due east course, parallel with latitude 42°.30′ but south of it.

At a point within ten and one-half miles of Lake Michigan it struck off with a southerly bearing. Its course for the easterly ten and one-half miles being about one and a half degrees south of east, with the result that the east terminal post set up on the west shores of Lake Michigan was

approximately 2,900 feet too far south; that is, south of the line of latitude designated in the Constitution of Illinois, as well as that of Wisconsin.

Article one of the Illinois Constitution prescribes the northern boundary and limits of jurisdiction as follows:

"The boundaries of and jurisdiction of the State shall be as follows, to wit: Beginning at the mouth of the Wabash River thence up the same with the line of Indiana to the northwest corner of said state; thence east with the line of same state to the middle of Lake Michigan; thence north along the middle of said lake to north latitude 42°.30', thence west to the middle of the Mississippi River, thence down along the middle, etc., etc."

The survey of the line described by Mr. DeWolf was made in 1831, 32 and 33 authorized by joint or concurring acts of Illinois and the general government as they were finally amended and passed in February and March, 1831.

Then Mr. DeWolf has found there was no other legislation concerning the work until 1836. In that year a quarrel between Ohio and Michigan over the former's north boundary line was settled by a compromise whereby Michigan received the upper peninsula. A bill was prepared to establish the northern boundary line of the state; this was during a presidential election year, the records do not seem to fully explain the action taken at that time. There was contention over the proviso in the northwest territory ordinance of 1787, in which the northern boundary line of the three southern states to be formed, within its limits of the original Northwest Territory, was to be as east and west line drawn through the southern bend or extreme of Lake Michigan. The introduction of the Indiana and Illinois lines into the bill appears to have been a hurried political move in favor of the three states, Ohio, Illinois and Indiana, and against the territory of Michigan, which, at that time, had territorial jurisdiction over all that part of the United States north of these states.

Neither Indiana nor Illinois were named in the enacting clause of the bill, which read as follows: "An Act to settle and establish the northern boundary line of the state of Ohio." The Indiana section was added as section 2, and then the Illinois section was added as follows:

Section 3. And be it further enacted that the northern boundary line, ascertained, surveyed and marked agreeable to a law of Congress, entitled an Act to ascertain and mark, etc., etc., shall be deemed and taken as the line west from the middle of Lake Michigan in north latitude 42 degrees and 30 minutes to the middle of the Mississippi River, etc., etc., and shall be and forever remain the northern boundary line of said State."

This section Mr. DeWolf avers, seems to have established two anomalistic conditions, one that the irregular and zig-zagging line, run by the commissioners was a straight line, and the other that the line of north latitude 42°.30' between the centers of Lake Michigan and the Mississippi River has a different relative position from and bearing to the equator, than any other portion of it; in other words, that it is not where it is. Mr. DeWolf stated that the State line as it is marked and the line of latitude 42°.30' are the long sides of two sort of scalene triangular tracts of land; the middle of the Mississippi being the short side of the west tract and the middle of the lake of the east tract. The area of both land tracts, according to the speaker, is about forty square miles, part of which is wrongfully under Wisconsin rule and part of which is wrongfully under Illinois, if the constitution of either correctly defines their boundaries and jurisdictions.

The territorial limits and jurisdiction of the State of Illinois have been judicially determined to include all that portion of Lake Michigan which lies east of the main land of the State to the middle, and south of north latitude 42°.30' and since Congress has decreed that on a certain land area that line of latitude is not where it is, an interesting question is raised regarding its physical location, according to the Speaker's statement of the conditions existing there.

"To which north latitude does the court's decision refer?" Mr. DeWolf asked during the course of the lecture, "the commissioner's line produced east, or the geographical one which it was intended to, but does not represent? What is its direction and its location? Does it follow the shore north from the marked State line to latitude 42°.30′ thence due east, etc."

During the course of his lecture Mr. DeWolf called attention to several interesting facts regarding the existing conditions about the State line. The location of several cities within the area was mentioned. A part of Beloit lies in Wisconsin and the other in Illinois. Parts of the Chicago and Northwestern, the Chicago, Milwaukee and St. Paul, the Soo Line and the Illinois Central railroads lie within this strip. Five electric railroads have their right-of-way through this territory and other interests, including various enterprises, are to be found there, saloons, etc.

In the manuscript presented to the Historical Society, all of the laws, national and state, pertaining to the matter are given, as well as the joint report of the commission as it was submitted to President Jackson and Governor Reynolds.

Mr. DeWolf also spoke of the narrative as told by Mrs. John Kinzie in her book, "Waubun," in which she tells of a horseback trip from Winnebago to Chicago with Mr. Kinzie and two servants in 1831. Many of the places which she mentions were shown on the screen while Mr. De Wolf spoke of them and several of the points of interest surrounding the early days in Chicago were also shown.

Mr. DeWolf was greatly pleased when he learned that the manuscript was to be printed and placed in the society's archives, as this is considered a great honor.

By unanimous consent, the attention of the House was called to the absence of Mr. Basel, on account of sickness.

The House proceeding upon the order of reports of standing committees, Mr. Holaday, from the Committee on Judiciary, to which was referred bills of the following titles, to wit:

HOUSE BLL No. 324.

A bill for "An Act to amend an Act entitled, 'An Act to revise the law in relation to counties,' approved and in force March 31, 1874, as amended by subsequent Acts, by amending sections forty-nine (49) and fifty (50) thereof."

HOUSE BILL No. 325.

A bill for "An Act to amend an Act entitled, 'An Act to revise the law in relation to township organization, approved and in force March 4, 1874, as amended by subsequent Acts, by amending section one (1) of Article XV thereof."

Reported the same back with the recommendation that the bills do not pass.

The report of the committee was concurred in and House bills numbered 324 and 325 were ordered to lie on the table.

The House proceeding upon the order of introduction of bills, the roll was called for that purpose, whereupon,

Mr. Jacobson introduced a bill, House Bill No. 845, a bill for "An Act relating to theatrical employment agents or brokers."

The bill was taken up, read by title, ordered printed and referred to the Committee on License and Miscellany.

Mr. Jacobson introduced a bill, House Bill No. 846, a bill for “An Act creating a State Board of Censors and regulating the leasing, transferring, circulation, exhibition and transportation of moving picture ulms and moving pictures."

The bill was taken up, read by title, ordered printed and referred to the Committee on License and Miscellany.

Mr. Lipshulch introduced a bill, House Bill No. 847, a bill for “An Act to prohibit corporations, railroad companies, street railway companies, and other public utilities companies from holding real estate not needed for corporate purposes."

The bill was taken up, read by title, ordered printed and referred to the Committee on Public Utilities and Transportation.

Mr. Madsen introduced a bill, House. Bill No. 848, a bill for "An Act to create a State workmen's compensation fund and to provide for the administration thereof, and penalties for its violation, and to repeal Acts and parts of Acts in conflict with this Act."

The bill was taken up, read by title, ordered printed and referred to the Committee on Judiciary.

Mr. Mason introduced a bill, House Bill No. 849, a bill for "An Act to create a State Insurance Board, and a State insurance office for the purpose of insuring real and chattel property against loss or damage by fire, lightning, windstorm, hail and sprinkler leakage, and to provide for the appointment of a manager thereof, and of a secretary of the board, and the appointment and payment of employees, and to regulate the operation of the State insurance office, and to provide penalties for the violation of this Act, and to repeal all Acts or parts of Acts in conflict with this Act."

The bill was taken up, read by title, ordered printed and referred to the Committee on Insurance.

Mr. Morris introduced a bill, House Bill No. 850, a bill for "An Act to amend an Act entitled, 'An Act to protect employees and laborers in their claims for wages,' approved June 15, 1887, in force July 1, 1887, as amended by Act approved June 21, 1895, in force July 1, 1895."

The bill was taken up, read by title, ordered printed and referred to the Committee on Judiciary.

Mr. Quisenberry, by request, introduced a bill, House Bill No. 851, a bill for "An Act to amend an Act entitled, 'An Act in regard to garnishment,' approved March 9, 1872, in force July 1, 1872."

The bill was taken up, read by title, ordered printed and referred to the Committee on Judiciary.

Mr. Roderick introduced a bill, House Bill No. 852, a bill for "An Act to amend an Act entitled, 'An Act to amend an Act entitled, 'An Act regulating the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this State,' approved June 19, 1885, in force July 1, 1885;' as amended by an Act approved June 18, 1891, in force July 1, 1891; (approved April 24, 1899, in force July 1, 1899; as amended by an Act approved April 24, 1899, in force July 1, 1899); as subsequently amended, by amending sections 9, 10, 11, 12, 13, 14, 15 and 18 of article IV thereof."

The bill was taken up, read by title, ordered printed and referred to the Committee on Elections.

Mr. Wm. Rowe, by request, introduced a bill, House Bill No. 853, a bill for "An Act to amend section 1 of an Act entitled, 'An Act to amend section 1, section 7, and section 21 of 'An Act to revise the law in relation to mechanics' liens, to whom, what for, and when lien is given; who is a contractor; area covered by and extent of lien; when the lien attaches,' which was approved May 18, 1903, in force July 1, 1903,' approved June 16, 1913, and in force July 1, 1913."

The bill was taken up, read by title, ordered printed and referred to the Committee on Judiciary.

Mr. Smejkal introduced a bill, House Bill No. 854, a bill for "An