The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1862-05-07

special Legislation Abolished by the New
Constitution.

For many years past, the greater portion
Of the time Of the legislatures OF this state
has been consumed by special legislation
tina, is enaCting special laws tor the benefit
OF localities corporations, or lntlvldHaIs.--
This evil had grown to he one OF immense
magnitude when our present constitution
was adopted, and the trainers OF that Instru
ment doubtless intended. by provision
which they put into II, 70 arrest the evil, but
subsequent experience has proved That they
failed 20 d. 50. The present cJn~'ltuuOn-
or. as we call il now days, the old consutu
tiOu-pruvidcs that corporations may be
formed under general laws, but shall not be ere.
nted hv special acts, except tor municipal
purp9 scs. and in case where, IN the ludg-
ment Of the general assembly, the objects Of
the CORPORATION cannot he attained under
general laws" With M honest and fair con.
struction Of this provision, great deal OF
the special legislation Of the past few years
might have been done away with. But
scbemers are seldom at loss for expedlents,
nor have they been embarrassed to hud way
in which to cvads this provision Of the old
constitution. Individuals who wanted pri-
vate or special laws enacted for their person
al benefit, had only to e. to the legislature
and represent that "the Objects they desi.
red to attain could nat be attained under
general laws" and there was generally no
difficulty in procuring the legislation they
wanted The result has been that under the
old constitution great deal more Of the
time of the legislature has been taken up in
passing private laws for the benefit Of inti
viduals and localities than has been occu.
pied in passing public and general laws for
the benefit Of the public generally. At tho
session Of the genearIy assembly Of 1857,
there was the enormous number OF l,45b
private laws passed, and but about 800 pub
lie laws. The session lasted perhaps some
fifty DAYS 1t enacted four times the number
Of private laws that it did public ones. If
it had been deprived Of the power OF passing
these private acts, it would not nave been
compelled to remain in session half as long,
perhaps not onc,thiri az long, % it did. If
It, action had been confined to the passage OF
general laws, the people would have saved
many thousand dollars in the cost of printing
aud IN the per diem Of members Of the legls-
lature. IT, instead of taking up fifty days
in passing these ! ,45G private laws the scn.
eraI assembly had cnectei its 300 public laws,
IN twenty-five days, and adjourned as it
might and ought to have done, then two ses-
sious Of the legislature would have cost the
But all this will be remedicl and prevented
by the new constitution, which contains the
following section:
SEC 60 The General Assembly shall no,
pass any local or special laws in any Of the
following enumerated cases; that is to say,
for granting divorces; changing the names
Of persons laying out, opening aitcrn. and
working on roads or highways; vacatlng
roads, town plats. streets, alleys and public
squares locating and changing county seats
regulating county and township business
regulating the practice in courts If justice
regulating the jurisdiction and duties Of jus
tees IF the Peace and ConstableS or provid-
ing for changes Of venue in civil and crmi-
MAJ cases. Ia all the cases enumerated above,
all the laws shall be geaeral and Of uniform
operation throughout the state"
There is no good rerson that can be given
why all the objects here enumerated can not
be attained under general laws nor is there
any conceivable way 10 which the legislature
can eyade the object Of this section. The
language is, 1.-The general assembly shall mol
pass any local or special laws" &c. The
language Of the old constitution was that the
general assembly should not pass such law,
"am}esS in the judgment Of the general as
sembly the object cannot be attained unde,
general laws" 1t was very convenien,
subterfuge for the general assembly to assume
that the objects OF these local and private
laws could mot be attained under general
laws" But under the new constitution, nc