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corporate purposes, nearly all of which sought some advantage over the general laws of the State or the people. The then leading organ of the dominant party was constrained to say that "no previous legislative body has exhibited such unblushing disregard of all the requirements of common decency as the legislature now in session," that it was "reckless beyond precedent."*

But it was early found there was an incumbent of the executive office with both the will and industry to look into their little schemes before they became laws, and with the courage and capacity to expose their many machinations. Perhaps this exercised some restraining influence. In obedience to his determination to carefully overhaul every bill before signing it, and to give him time to do so, the legislature took a recess from March 8th to April1 7th. Of the 2,478 bills introduced nearly 1,700 were passed, an immense mass of dry legal verbiage, but none escaped his patient scrutiny-a labor and investigation never before bestowed upon the acts of a legislature. He sifted from the mass a large number which he deemed inimical to the constitution, or to public policy, and at great pains reduced his objections to writing, in terms respectful and indicating the ripe jurist and forcible reasoner. But his vetoes in nearly every important instance were overridden by a determined body, unwilling to brook what they were pleased to characterze an arrogance of both legislative and judicial functions by the executive. The veto under the constitution of 1848 was of little value further than as a short stay of proceedings to induce the legislature to pause and reflect upon their action. Its free use by the executive was not without an interpretation as being only a greater exhibition of insubordination to partisan requirements, after his first avowal of State's rights doctrines. With a short session of three days, the veto messages were disposed of; and after voting each member $40 in addition to the $300 previously voted to each for room rent, fuel and contingencies, over and above his per diem, in utter violation of the constitution, the general assembly of 1869, on the 20th of April, adjourned sine die.

Among the acts of general interest passed at this session, was one limiting railroad charges for passenger travel to a maximum rate of 3 cents per mile. The governor fulminated his veto against it, holding that when a charter is once accepted by those to whom it is made, it "in all essential circumstances, takes upon itself the qualities of a contract, and at that instant passes from legislative and becomes subject to judicial control. Such a contract upon well settled principles of constitutional law, cannot be impaired." It was passed over the veto, but has been a dead letter ever since. If law grows out of the necessities of a people, then it is high time that our courts overruled the Dartmouth College case, or revolu tion will do it for them.

What is known as the "tax grabbing law" to pay railroad subscriptions, passed at this session, is such a reprehensible specimen of legislation as to well merit consideration. It provided that all counties, townships, cities or towns having contracted bonded debts in aid of the construction of railroads through any of them, were entitled to register snch bonds with the State Auditor, whereupon it became the duty of the treasurer to set apart to their *Chicago Tribune.

credits, to be applied toward the payment of their railroad indebtedness, annually, for 10 years, (1) all the taxes for any purpose whatsoever, arising from the property of a railroad so aided and situate within such municipality; (2) so much of the State tax as might be collected upon an increased assessment on all the property of any such municipality over and above the year 1868, excepting in both cases the 2 mill and State school taxes. It was a question whether this was an appropriation of public money, which the Supreme Court had decided to be within the province of the legislature under the power to appropriate money, or whether it was violative of the principle of equality of taxation recognized by the constitution. The governor took the latter view, and in a very able message vetoed the bill; but it was passed over his veto. The act is very ingeniously drawn with reference to these two views and by its terms, really only diverts the taxes paid upon the property concerned, the same as other property, however the proceeds may return to the corporation or municipality. The late S. K. Casey, senator from Jefferson, championed it, but it is said to have been framed by a Mr. Cassells. It was designed for the benefit of Southern Illinois, which had fallen behind in the race of railroad developement, and met with violent opposition from the north, being denounced as wrong and unjust by every principle of law and honesty. It played an important part in the combinations, rings, and manouvering generally, during that remarkable session, and became a law. The bonds registered under the act amount to about $13,000,000, and the tax annually diverted by it amounts to over $60,000, which will probably be largely increased under the revenue act of 1873. This was not the first and only time that a portion of the State tax has been diverted for the benefit of the localities which yield it. In 1867 a law of that kind was passed for the benefit of Mound City, and at this session another to relieve Alexander county for her support of negro paupers.

Lake Front Bill.-Chicago, like a modern Briareus, besides many private measures, now grasped for four parks; parks to the north, south, west and east of her; the three first named to be connected by a grand boulevard or avenue, 400 feet wide. These 3 parks were to embrace hundreds of acres of land, much of which would have to be acquired by process of condemnation, and which, unless duly guarded by just and proper legislation, was liable to be converted into a business whereby to dispose of unsaleable lands at high prices, and to acquire the poor man's lot without due compensation, by setting off benefits against damages.

But of these park measures what was known as the Lake Front bill was by far the most important. To raise a park fund it was proposed to confer upon the city council of Chicago power to sell all the right, title, and interest of the State to a strip of canal land, 310 feet wide, lying east of Michigan avenue, and extending from Park Row north to Monroe street, containing 32 acres, land and water; to confirm the Illinois Central railroad in its riparian ownership to, and further for the State to make a grant to it of the submerged lands constituting the bed of Lake Michigan, east of its railroad track, extending north and south nearly two miles in front of the city, and covering an area of 1,050 acres, over

which the navigable waters of the lake rolled to a depth of from 10 to 25 feet. This, of itself was regarded as an imperial grant; but it was further proposed that the State transfer to the three railroad companies centering there, her 3 blocks of ground north of Monroe street and east of Michigan avenue, in consideration of $800,000, payable to the city of Chicago, for park purposes, in four equal installments-a price so ridiculously low as to fall short of its actual market value by $1,800,000. And, as if anticipating objections from Chicago, which claimed title by dedication, it was provided that if the city council did not quit claim to the railroad companies within 4 months, being prior to the maturing of the second installment, they should be released from further payment and yet hold the property by fee simple title from the State for one-fourth the sum offered. These lands, except the bed of the lake, had been dedicated for public use, but while the State had parted with her beneficial proprietary title, they were still regarded as subject to her paramount authority and might control or dispose of them as would best promote the purposes of dedication.* The bill was passed contrary to the wishes of a large majority of the people of Chicago and her representatives. The governor vetoed it on account of the inadequacy of price to be paid for the 3 blocks of ground; of there being no limitation fixed for the commencemet of the outside harbor improvements; of the State having reserved no right to limit charges for the relief of commerce, and because the property was not to be subject to taxation. But it was promptly repassed over the veto. It was one of the measures in the charmed circle of legislation, ordained to become a law.f Steps under the law, however, have been arrested by injunction, issuing from the U. S. Circuit Court at Chicago.

Of the flood of local and private acts pernicious in principle and contrary to public policy, we can only cite a few from the many that incurred the governor's veto. A number of localitiesBloomington, Joliet, Canton, Bond county, &c.-sought franchises to enable them to employ the taxing power of the State to raise money to be expended for mere private speculative or fanciful objects, such as to induce railroad companies to locate their ma chine shops and erect depots; to start private manufacturing establishments; build hotels, &c., all supposed to be of general value to the place securing them, and toward which those most deeply interested sought to compell all the helpless, voiceless and reluctant, to contribute alike of their property.

Then there were acts for the incorporation of land companies (already numerous), whose sole aim was to create huge land monopolies, escape the embarrassments attaching to personal ownership; the casualities incident to trade and business; distribution after death; and keep out of market for a long term of years, with the speculative intent of enhancing its value, property needed for homes for the people, which in the hands of private parties would be improved and rendered more valuable to the State. A notable instance was the "Illinois Land Company," which owned some 1,200 acres in East St. Louis, sought to be controlled as above, for

Gov. Palmer's Message.

+ There is a not a very secret scandalous history connected with the passage of this measure which we do not care to revive here.

Gov. Palmer's Message.

a period of 25 years. But the most presumptuous of these corporations, under a title at the same time the most seductive, not excepting that of the "Illinois Benevolent Loan Company" for a pawn-broker's establishment, was that of the "Southern Emigrant Aid Society," a title, as the governor said, which "suggests ideas of weary strangers, feeble and poor, on the one hand, and of benevolent men on the other, ministering to their wants, feeding the hungry and clothing the naked;" but which really established offices in about 30 counties of this State, (the principal one at Cairo), to speculate in lands that emigrants would be likely to need, and receive their money and other valuables on depost, buy and sell exchange, and by means of a captivating title, win their confidence. Not one provision of this act contemplated the aid or relief which its title imported.

An important event of this session was the ratification of the 15th amendment to the constitution of the United States, giving suffrage to the blacks.

Our New Constitution.-The year of grace, 1870, will be distinguished in the annals of Illinois for the peaceful revolution of her organic law. It is a grand feature in the governments composing this Great Republic that they frequently undergo most radical and important transformations without tumult or outbreak from the populace, showing that their will is the source of power. The constitution of 1848 had for years been systematically violated in its plain and positive provisions by nearly every department of State. The last executive under it, himself records that "The history of American States presented no example of a government more defective than that of Illinois." Officers received or took compensation for their services under authority of laws known to be inconsistent with the constitution; and what was designed by its framers to be a most economical government, became, in fact, extravagantly expensive. The clear limitation upon the powers of the general assembly was overborne, and legislation was often hasty, imprudent and depraved until the people felt that their public and private rights were unsafe; that the officers charged by the constitution with the enactment, the interpretation, and the enforcement of the laws were alike unworthy of their full confidence. † The notorious evasions of the plain requirements of the constitution, and the pernicious practices thus indulged, tended to sap the integrity of the public service generally, while it must have also contributed to lessen the respect if it did not beget the contempt of the people for all law. A popular reverence for law is the most essential guaranty for the stability of the State, the peace and good order of society, and the protection to life, liberty and property of of the citizen.

It was therefore high time to erect new limitations upon the powers of the several departments, instead of those persistently disregarded, and viewed as obsolete. Upon the question being submitted to a vote of the people, at the election of November, 1868, the revision of the old constitution was by them ordered. The succeeding legislature authorized the election of delegates,

* Gov. Palmer's Veto Message.

+ Palmer's Message, 1871,

(apportioned to the districts and corresponding in number to the representatives in the lower house of the general assembly.) who were to meet at Springfield, December 13, 1869, to alter, revise, or amend the constitution. Of the 85 members returned, 44 were set down as republican in politics, and 41 as democratic. But 15 were elected on independent tickets, all in republican districts, of whom 8 were democrats and 7 republicans. Thus neitner party had a majority in the convention, and the "independents" held the balance of power, of which they made the most. Its members were composed of learned jurists, experienced statesmen, and profound thinkers, whose work, prepared with much care, has been very generally pronounced the best and wisest in its limitations and restrictions that the union affords. Whether time will approve this high encomium remains to be seen. We can allude to only a few of the prominent features wherein it differs from the old, and which are regarded as salutory reforms.

The change from the fee system to that of fixed salaries, fair and ample in their amounts, will tend more perhaps to eradicate the vice of evading the law and elevating the standard of the public service than anything else. The salary system, in the option of county boards, may also be extended to county officers, and if settlements with these are properly enforced, will both save and increase materially the revenue.-Special legislation has been very greatly circumscribed, and irrevocable, private franchises and immunities are prohibited. This does away with a most fruitful source of corruption in that department of government. It breaks, in a measure, legislative rings and destroys the business of the professional lobbyist, and the result is the halls and corridors of the capitol and hotels are thronged no more by this shrewd, genial and elegantly attired class, ever on the alert and ready with a hint to this member and a whisper to that, and an adroit suggestion to another.-While the number of members of the general assembly has been about double, the steps to be pursued in the enactment of laws are retarded and hedged by wise provisions; the former practices of reading bills by their titles only, and their passage by the bundle, known as the omnibus system, are prevented; and while the per diem compensation of members is allowed to be raised, being now $5, the reprehensible practices of entering into speculative contracts or "commutations" with State officials or others, for stationery, fuel, etc., voted to themselves, which at the last session under the old constitution averaged $500 for each member, and aggregated $54,000, besides their pay of $2 a day, and charges for committee rooms, often neither occupied nor perhaps rented, are all effectually squelched, and instead members are allowed but $50 each.-To the governor, who heretofore as part of the law-making power, was a mere advisory agent and for want of power destitute of influence, has been given a qualified veto for the first time in the history of the State, with good results so far as exercised. Prior to this a bare majority of the legislative department of government was practi cally the supreme power in the State.-One of the grossest wrongs to individuals heretofore was the taking of private property by municipal and other corporations for public use, as it was called, without compensation, by setting off fancied benefits, no matter how general to the vicinity, against the damages of the

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