The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1871-01-07
Observation-Disclosures


OF the Constitution, the Governor and Secretary Of
State shall proceed to ascertain and fix the appor
uonment OF the State for members of the first
House OF Representatives under this Constitution,
and IL also directed substantially that the appor-
tionment should be made upon the basis Of the
Federal CENSUS Of 1870 in case the result OF that
enumeration could be obtained on or before the
a3d day Of September, 1870. By the courtesy of
the Commissioner of the Census, and of the mar
shals or the northern and southern districts. the
results of the census were furnished within the
Sine limited by the Constitutions; and pressed by
the anxiety of the citizens of different counties and
districts 10 learn the number of representatives to
which they were e titled, on the 23d day of Sep.
tember, 1910, the apporIi Onment was made, and
fifteen members in the aggregate were assigned TO
Cook county, five to be elected in each Of the
three representative districts created by existing
laws, and issued my proclamation announcing
the result a. provided by the Constitution.
ON the 2ith OF September. upon a revision of
the appor'ionment made en- the I'D of that month,
II was concluded by the Governor and Secretary,
aided by the official opinion of the Attorney Cen
era that il fair to interpret that portion of the
.tn section of the article of the Constitution in
lauon 10 the Legislative Department that provides
that counties having over 2dO.W0 inhabitants
may be divided into districts each entitled 10 not
less than three nor more than five repre-. entatye-,
together with the language Of the 18th section of
the Schedule, ''but no county shall he numbered
as more than one district. except the county of
COOK. which shall constitute three districts each
embracing the territory contained in the now ex-
listing representative districts" so "a harmoniZe
them with the general principles of the Conslitu-
tlon, that contemplate that all the counties and
districts of the State shall be equally represented
in the General Assembly. according to their popu-
lation; and on that day s-ucd q supplementary
proclamation apportioning 10 the county of Cook
an aggregate representation Of Twenty-Five mem
bers 10 be elected in the cXistiCg districts accord
ing 10 the population of each.
The proclamaions OF the 2ith and 2,th of Sep
TENDER, and copy Of the opinion of the Attorney
General, are herewith laid before the General AS
semby.
CONFIRMATION OF PUBLIC OFFICERS.
The duty is deyolved upon the General Assembly
by the Constitution of adjusting the compens alton
10 be paid to almost every class of public officers
The I'D section of the 9th article of the Constu-
ton provides that all the officer OF the Executive
Department shall receive for their services salaries
10 be established by law. The It'll section of the
9Th article directs that from aud after the adoption
OF the Constitution, the judges Of the Supreme
Court shall receive salary of four thousand dol
lars per annum, until otherwise provided by law:
and the 10th section provides for salary TO the
CircuitJudges OF three thousand dollars per
until Otherwise provided by law; and by the 18th
section of the same article, the Judges of
| the supreme and Circuit Courts Of COOK
county shall receive the same salaries, payable ont
Of the State Treasury. NAV be paid to the
Circuit Judges Of the State and such further com
pen-atiOu, 10 be paid By the county OF Cook. as
may be provided by law. II will also be necessary
| To ty the compensation of the Clerks OF the SUI
preme Court and Of all the States Attorneys
throughout the State
| think IL not improper 10 say that in my iudg-
ment every public officer should be paid fixed
salary, and that the whole system of compensation
by fees, TO be collected from parties. from couu-
tie. or the State, ought to be at once abolished.
The value of the services of the Clerks of the SUI
preme Court and OF the State Attorneys, can be a.
easily estimated can those Of the judges and if
parties litgant to be taxed. such taxes should
be imposed for the State or the counties, and the
amount ofthe tax should be definitely fixed by law.
No burden has been more oppressive TO the people
who have fingered around the courts awaiting the
disposition of causes in which they We're interest
ed. than To Ind themselves after weeks and months
IL IL cd
amounts: and much litigation would be avoided If
the costs could be known with reasonable certain
~ in advance.
The importance OF the Office OF States Attorney
has been habitually underrated and | think il a
matter to be regretted that il abolished, and the
system of County Attorneys adopted, as cOniem.
plated By the 22d section of the 9Th article of the
Con-t tuition. Whatever may he the eScelleIcies
OF any form of government it, true value depends
upon the extent TO which IL affords protection 10
he liberty, property and the social and domestic
rights Il is not enough that the guilty he punish
ed the innocent must he protected and the State
Attorney should not only be terror TO evil doors.
but the hope and refuge of the innocent 1t is hard
y consistent with this idea that the compensation
of this class of officers should be made IN any man
ner 70 depend upon the number Of colAi.;ious
| they may be able to secure.
The constitutional regulations in respect 10 the
compensation OF county officers are precise aud
complete, that very little more Is required of the
| General Assembly than 10 give them the aid OF
such lldiclous enacments a. will eifectualy defeat
every effort 10 eyade them. The change from the fee
system 10 that of fixed salaries Is sudden. and will
not be very cheerfuy accepted by some of the in
cumbent- of offices that have been heretofore very
profitable and laws that will at establish the
| new system must be exceedingly wise and judi
| ciOps.
| In addition to the penalties to be imposed upon
officers guilty OF violations of such laws, repeat
the recommendation, that hereafter no fee, or
costs be taxed allowed for the services of any
public officer. but that whatever SUN or sums il
may be thought judcious 10 require to be paid by
persons for the services of public officers, shall be
deemed tax, and lie paid under suitable regula-
tions into the proper treasury The fees of clerks
and sherii-, heretofore charged against itigans,
can, by proper classification, be committed to q
| fixed sum, and paid into the county treasury upon
the certificate OF the clerk A form of special tax
to be levied upon administrations. and other mat.
tiers within the jurisdiction Of the County Court.
| may he devised. while the tax imposed upon suits
| in the supreme Court may he paid into the State
Treasury
This statement of my views seems sufficient 10
make my recommendations understood. aud be-
ieve it both practicable and udcious. with respect
10 all officers who have heretofore been compen.
stated. in whole or in part, by fees.
IL any officer in this State shall hereafter be per.
mtfed Ia receive fees to his own use, il will be
necessary 10 provide for reports to he made. as re-
CURED by the 18th section Of the 10th article of the
Constitution.
EXPEN-Ys OF THE GENERAL ASSEMBLY.
The pay of the members of the present General
Assembly is liked at i've dollars per day.
and ten cents per mile of necessary travel in going
| to and returning from the seat of government,
with the sum of fifty dollars to all incidental
allowances of every nature and description: hut
the per diem of the members of all future Legisla.
lures is TO be fixed by law.
trust that will be pardoncd for expressing a
hope thar great will be employed in the prep.
aration of such laws as respect the pay of mem.
bers Of the General Assembly and their incidental
allowances. and also the general incidental eX-
penses OF the sesriva, as will harmouize with the
manifest spirit of the Constitution Uhlers .. at al
tention is given to the matter of the expenses of
the Legislature. the members will, ut the close of
the session be astonished at the aggregate amount
The amended Constitution provides that mo
money shall be drawn from the treasury except in
pursuance of an appropriation made by law" and
that mo money shall be diverted from any appro-
priation made for any purpose, or taken from any
fund whatever, either by Joint separate resolu-
ton" II will therefore. be necessary for the Gen
eral Assembly to provide by law, for the necessary
justified in contracting debts or in paying money
| from the treasury upon the authority of mere
resolution of either or both branches OF the Leg
stature; for the General Assembly is prohibited,
by the 10th section of the 4th article OF the Consi.