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sources of his poorer opponent are exhausted."

Notable groups of judges and lawyers all over the coun-
try are urging the necessity of simpler and more direct
court procedure. The criminal code of Illinois is no more
confusing or complicated than the codes of other States,
and they all need revision.

Another reason for some of our difficulties was illustrated
by the recent resignation (October i, 1913,) of the very
able probate judge of Cook County because of the corrupt
political influences that nominate the judges. Judge
Charles S. Cutting had served Cook County as probate
judge with distinguished ability for more than fourteen
years, and through rival administrations the best possi-
ble proof of his ability ; but he refused to serve out his
term as he could not be given freedom to conduct the work
of his court according to his own high standards of justice.
His resignation was a stinging rebuke to the politicians of
all parties, who control the nomination and election of our

3 Government in State and Nation, James and Sandford^ pp. 65, 66.



(Am. Rep., pp. 152-153.)

1. Numbers.

2. Decisions.

3. Evidence.

4. Number of

5. Kind of Cases

6. Sessions.

7. Term of Of-

8. Oath of Of-

Grand Jury


Indictments by ma-
jority vote of twelve.
One side only: plain-

May examine any
Criminal only.

Always secret.
Cook County usually
one month : else-
where, three.
Grand Jurors must
swear never to re-
veal what goes on in
their sessions.

Petit Jury
12 or 6.
Verdict ; unanimous.

Both sides : plaintiff's
and defendant's.
Tries only one case.

Civil and Criminal.

In open Court.
Indefinite : until


Petit Jurors swear, " to
try the case according
to the law and evi-
dence without preju-
dice or favor."


A. " The writ of Habeas Corpus is addressed by a judge
to one who holds another in alleged unlawful cus-
tody, directing him to produce the person in court
and show why he detains such person/'

a. Meaning of words : " Bring you," or " produce

you," the body: literally, "that you may bring
the body."

b. History of writ. Gained first in England, reign of

Charles II, 1679.


c. May be suspended in time of war only by order
of Congress. If Congress so directs, President
may suspend the writ. (See action of Lincoln,
1 86 1, in Baltimore; also action of McKinley,
1898, Spanish-American War.)

B. Injunction is an order from a judge, or court, to a lower

court, individual, or corporation, restraining them
from doing a certain thing. Illustration: Injunc-
tion granted against strikers to prevent injury to
property of corporation where strike is in prog-

C. Mandamus, " we command," is an order from a judge,

or court, to another court, individual, or corpora-
tion, commanding them to do a certain thing. Il-
lustration : Writ of mandamus could be obtained
ordering a street-car company to remove tracks ille-
gally placed.

D. Writ of Quo Warranto ("by what authority?") is an

order from a judge to a lower court, individual, or
corporation, to show their reasons for doing a cer-
tain thing. Illustration: If it is claimed an of-
ficer has not the legal qualifications required, any
tax-payer could bring suit under the writ of quo
warranto to test the office-holder's right to his

E. Writ of Certiorari, or " to be certified," is an order

from a higher court to a lower court to send up cer-
tain papers required by the higher court. This
writ prevents the lower court from blocking the ac-
tions on an appealed case in a higher court by re-
fusing to send up important documents needed in
the case.


F. Writ of Attachment is an order to seize property in

payment of a debt.

G. Writ of Replevin is an order to recover goods alleged

to be wrongfully taken or detained. Security must
be given to hold the goods pending a suit to decide
ownership; if this goes against the plaintiff, he
promises to restore the goods.

These writs are referred to so often that even a layman
needs to know something about them, although the defini-
tions given would not satisfy a lawyer. The Statutes pro-
vide when and how they may be obtained and the services
of an attorney would be required to interpret the law in
such a matter. The last two writs may be issued by a jus-
tice of the peace and a police magistrate, but the first five
can only be obtained from a judge and a court of record.


1. If some one owed you $50 and refused to pay, in what court
could you sue him? If he owed you $250? If the suit involved
$1,000? If $5,000?

2. May a person's acts be inquired into by the grand jury with-
out his knowing anything about it? May grand jurors reveal the
proceedings of the jury? Why?

3. Are lawyers officers of the court? What oath does each
lawyer take when admitted to the bar?

4. What is meant by " change of venue " ?

5. What things are " exempt from execution " in Illinois ?

6. Can a civil suit proceed in the absence of the defendant? A
criminal suit?

7. Why are there at least two justices in every town?

8. Are they county, town, or city officers?

9. Define " docket," " summons," " warrant," " subpoena/ ' ve-
nire," " costs," " recognizance."


10. What are the similarities in a criminal and civil suit? What
are the principal differences in procedure?

11. What is the difference between a warrant and summons?
Sentence and judgment? Plea and pleadings? Arraignment and
opening statement?

12. Debate one of these questions:

A. Resolved, That the grand jury ought to be abolished.

B. Resolved , That capital punishment is not justifiable.


Physical Features. Illinois, the " Prairie State," lies
about the middle of the great central plain that extends
from the Arctic to the Gulf and from the Alleghenies to
the Rockies. Its highest point, Charles Mound in Jo
Daviess County on the Wisconsin line, is about 1,300 feet
above sea level; the lowest point at Cairo is only 300 feet
in altitude.

Latitude. Illinois lies between parallels 37 and
42 30' north latitude. Three hundred and eighty-five
miles in length, two hundred and eighteen miles in
width are its extreme dimensions. Extend these east-
ward on a map of the United States and observe that
our southern parallel would strike Old Point Comfort and
Hampton Roads, Virginia, and our northern parallel would
touch Boston. If Chicago dwellers could imagine Madison
Street extended due east three thousand miles it would
strike the Old Roman Forum, and yet no one thinks of
Rome and Chicago on the same parallel of latitude.

Area. The area of the State has been quite accu-
rately determined as 56,650 square miles in spite of the
difficulties in surveying two such irregular boundary lines
as the erratic curves of the Mississippi and Ohio rivers.

Impress these facts about your State on your memory
and use them frequently for comparison with other States
and foreign countries.



Surface. Illinois is debtor for its rich soil and level
surface to the grinding, carrying power of the great ice
sheet of the glacial epoch. Only two small areas in the
State, one in the extreme south and one in the northwest,
fail to reveal this glacial action, and the fertile prairie soil
of Illinois is the product of the crushing, grinding power
of this slow-moving ice-sheet thousands of years ago. The
rich, level, well-watered surface thus produced has pre-
destined Illinois for an agricultural State, and in fulfilment
of its mission the farmers form more than half the popu-

Waterways. No State in the Union has a more mag-
nificent system of waterways than Illinois. The Missis-
sippi borders the State for 550 miles measured by its curv-
ing boundary lirfe; the Ohio and Wabash furnish nearly
300 miles of water frontage in addition, while Lake Mich-
igan provides 60 miles of water frontage on the north-
eastern shore. We still make little use of these natural
waterways in comparison with foreign countries like France
and Germany, where cities and provinces have spent mil-
lions on the development of inland harbors, quays, wharves,
and freight-handling facilities. Illinois is just waking up
to the value of her river- and lake-heritage.

Forests. We have abundant proof that Illinois once
possessed fine forests, in spite of her present reputation for
open prairies. Witness the many saw-mills, the home-
made furniture in the pioneer houses, the miles of rail
fences and the log cabins of the early settlers. An exhibit
of woods from Illinois displayed at the World's Fair
in 1893 showed seventy-five species of native trees. The
most common are oak, maple, elm, black walnut, hickory,
ash, birch, chestnut, and cottonwood.


Coal. It is a surprise to find coal, lead, building
stone, petroleum, various commercial clays, and even iron,
hidden under the surface of a prairie State. Illinois ranks
second in the Union in the production of bituminous coal.
Nearly two-thirds of the State is underlaid with an excel-
lent quality of soft coal, and the coal-mining industry is
one of the leading occupations. (Notice the large number
of laws to regulate the mining of coal and to protect the

Indians of Illinois. The most important group of In-
dians was the confederacy of the Illini, made up of various
tribes like Michigamies, Peorias, and Kaskaskias.
Through other parts of the State roamed the Shawnees,
Sacs and Foxes, Pottowattamies, and Miamis, who have
left their names on many geographical features of the Mid-
dle West.

Indian Relics. Indian mounds are scattered over the
State. Pottery, cloth, copper ornaments, have been found
in these mounds. In Cook County along the lake shore,
from Evanston northward, are remains of various " chip-
ping stations " that show there were famous arrow-makers
among the Pottowattamies. These piles of stone chips
along the lake shore mark the places of manufacture and
exchange for the famous arrow-heads of this tribe, and
arrows tipped with this noted product of the Indian artisan
have been found as far west as the Dakotas, showing how
widely dispersed was the trade in Illinois wares a fore-
shadowing of the commercial greatness of the State.

Meaning of Illinois. The name of our State is the
best proof that the Illinois Confederacy had the most to
do with the early settlements on the Illinois and the Kas-
kaskia rivers. " Illini," " real men," answered the Indian


warriors, when Father Hennepin asked who the tall, straight
braves then in camp were.

History of Illinois. As far as we have any record,
two Frenchmen, in 1673, a fur trader, Louis Joliet, and a
Jesuit priest, Father Marquette, were the first white men
of European blood to discover and explore the Illinois
country. Seven years later came LaSalle and his faithful
captain and friend Tonty, " the man with the iron hand,"
the Indians named him. The two forts built by these
soldiers of fortune, Fort Crevecceur at Peoria and Fort
St. Louis on the famous Starved Rock near Utica, were
the first attempts to take military possession of the Illinois
country. The name Starved Rock was given nearly a
hundred years after Tonty's day, when the conquering Iro-
quois starved out the Pottowattamies and the Illinois, about

Five French Villages. Probably as early as 1725 five
permanent French villages, Cahokia, Kaskaskia, New
Chartres, Prairie du Rocher, and St. Phillipe, had been
established in the American Bottom along the Mississippi
and Kaskaskia rivers. The Treaty of Paris closing the
French and Indian War in 1763, transferred the Illinois
country to Great Britain. So the lilies of France had to
yield to the Union Jack of England in the great Indian
country of the Middle West. Nearly one-third of the
French inhabitants left their villages, taking their personal
property and slaves with them.

Colonel George Rogers Clark. The capture of Kaskas-
kia and Vincennes by Colonel Clark and his little band of
"long knives" after their terrible winter march in 1778-
1779 resulted in transferring the Illinois country to its
third flag. Colonel Clark's expedition gave the American


envoys in Paris at the close of the Revolution courage to
insist that since United States soldiers were already in pos-
session of the great Northwest Territory, it must remain
part of the new nation, and England very reluctantly sur-
rendered the territory between the Great Lakes, the Mis-
sissippi, and the Ohio.

Ordinance of 1787. Almost the last act of the Congress
under the Articles of Confederation our first, and un-
successful, experiment in a national government was to
organize the Northwest Territory under the provisions of
the famous Ordinance of 1787, which provided the first
permanent government the Illinois country had enjoyed
since Colonel John Todd, the county lieutenant commis-
sioned by Governor Patrick Henry to rule the " county of
Illinois, Virginia," had gone back to his native state and
left Illinois affairs in confusion. 1

Illinois under Territorial Government. Illinois has been
governed as a part of three separate territories: (i)
Northwest Territory, 1787-1800; (2) Territory of Indi-
ana 1800-1809 which included Illinois, Michigan,
Ohio, and Indiana (the capital was Vincennes) ; (3) Ter-
ritory of Illinois 1809-1818 including Illinois, Wis-
consin, and Northern Michigan (the capital was Kaskas-
kia). The admission of Ohio (1803) and Indiana (1816)
into the Union as States; the desire for more convenient
land offices and better opportunity to secure claims in the
rich government lands being rapidly thrown open for set-
tlement were the principal reasons the United States or-
ganized the Indiana and Illinois territories.

Fort Dearborn. When the United States Government
built Fort Dearborn at Chicago in the winter of 1803-04,

1 Smith : Hist. Ill, ch. xiv-xv.


its blockhouses and stockade marked the most western out-
post of the Federal Government, and its building in the
far wilderness was ridiculed in Congress as a piece of
national folly. The massacre at Fort Dearborn in 1812
occurred during the second war with England, and was
the only noteworthy event of that war in the far West ex-
cept Hull's surrender at Detroit.

Illinois a State. Illinois was admitted to the Union
December 3, 1818, and President Monroe issued the proc-
lamation announcing the fact to the people of the United

Northern Boundary of Illinois. In the famous Ordi-
nance of 1787, the. States to be made from the Northwest
Territory were to be divided by a line running through the
south end of Lake Michigan. While the Enabling Act
to permit Illinois to become a State was under discussion
in Congress, April, 1818, our territorial delegate, Judge
Nathaniel Pope, moved to amend the bill by striking out
the section about boundaries and substituting parallel 42
30' for the northern boundary. Judge Pope took advan-
tage of the strong feeling in Congress over the slavery
question caused by the debate over the Missouri Compro-
mise. Fear that slavery interests might finally control the
new State, if its only entrance by water should be the Ohio
and Mississippi rivers, led Congress to adopt the amend-
ment and make Illinois' northern boundary line parallel

42 3 o'.

"The result was to give Illinois a strip of country sixty-
one miles wide extending from the lake to the Mississippi
and including the present fourteen northern counties, with
a combined area of 8,500 square miles of fertile country.
It includes sixty -one miles of lake-shore line and the sites


of the cities of Chicago, Evanston, Waukegan, Elgin,
Aurora, Rockport, and Galena." 2

" No one ever rendered Illinois a more important service
in Congress than did Pope. Had the northern tier of
counties included within the sixty-one-mile strip become
attached to Wisconsin, Illinois would have lacked an im-
portant element in her Legislature at the outbreak of the
Civil War, an element Wisconsin did not require because
Union sentiment in that State was always very strong.
The commanding position occupied by Illinois during the
Civil War, with one of its citizens in the Presidential chair,
and another leading the armies of the Union, including
Illinois' two hundred and fifty thousand citizen soldiery,
illustrates the sound judgment of Pope."

The Constitutions of Illinois Principal Points:

A. Under the Constitution of 1818:

a. Most State officers elected by the Legislature.

b. No veto power for the governor.

c. Judges chosen for life.

d. Council of Revision, composed of governor and

judges, revised laws passed by Legislature, and
were thus a substitute for the veto power.
Power was vested in the Legislature.

B. Under the Constitution of 1848:

a. Officers elected by the people. Council of Revision

2 Currey's Hist. Chicago, Vol. I, pp. 117-119.

NOTE. " By the Ordinance of 1787, Chicago belongs to Wisconsin."
Hon. J. R. Doolittle, speech at opening of Sanitary Canal, January

Map of Illinois, Showing the Congressional Districts


b. Judges elected for definite terms (nine and six


c. Power of Legislature to contract State debt limited

to $50,000 unless people by popular vote consented.

d. Sinking fund to pay bonds was created by a two-

mill tax. Power of Legislature much limited:
due to a $14,000,000 debt created by former Leg-
islatures owing to their craze for " internal im-
provements," like railroads and canals. This
debt was paid, principal and interest, about 1871
the year of the Chicago fire and citizens of
Illinois have a right to much pride in the fact that
their State has never failed to pay its honest debts.

C. Under the present Constitution of 1870. (For details,
see legislative, executive, and judicial departments
of the State, chapters ix, x, and xi.)

Capitals of Illinois. Kaskaskia remained the capital for
two years. A request was made that Congress grant four
sections of land 2,560 acres for the site of a town
to remain the capital of Illinois for twenty years. Con-
gress at once granted the land and the second capital was
built near the headwaters of the Kaskaskia river, and
named Vandalia.

The "Long Nine." When the Legislature met in 1836
the State was much excited over the question of internal
improvements. A bill was introduced carrying appropria-
tions for $10,200,000, to build railroads, public roads, and
canals throughout the State. This same Legislature was
to locate a new capital, so much log-rolling was the result.
The " long nine " from Sangamon County, two State Sen-
ators and seven representatives, included Abraham Lin-


coin among the delegation. The combined height of the
men was just fifty- four feet, and they organized a club
known as the " Long Nine." Through the shrewd trading
of votes on internal improvements eagerly desired, the
Sangamon County club succeeded in landing the coveted
prize, and Springfield, then a village of 1,500 people, be-
came the capital.

The year 1837 a l so saw tne failure of many State banks
through inability to redeem the wild-cat currency they had
issued so recklessly. The Love joy press riots at Alton,
caused by Mr. Lovejoy's attempt to print an anti-slavery
paper in Illinois, resulted in the murder of the editor and
owner of the paper by the mob. This murder occurred in


Of all the railroads, canals, and public roads started
through the immense sums voted by the State Legislature,
not one was a success except the Illinois and Michigan
Canal, which was opened for traffic in 1848. The canal
has paid for itself several times over in tolls received and
turned a handsome sum into the State treasury as well.
Should it be filled up now, as suggested, and the land thus
made sold, the State would be the richer by millions of
dollars. Such a project to sell the canal would require a
referendum vote of the people.

Slavery. There were several attempts to make Illinois
a slave-holding State. The most exciting, bitterly con-
tested campaign over the question was fought in 1824
when the friends of freedom gained a decided victory by
defeating a proposition for a new, pro-slavery constitution.
Governor Edward Coles was the leader of the forces of
freedom and contributed his entire salary of $4,000 to the
campaign fund. Governor Coles had an able assistant in


Congressman Daniel P. Cook, who stumped the southern
part of the State in behalf of freedom.

The Black Hawk War in 1832 resulted in the United
States Government removing all Indians from Illinois and
giving them lands west of the Mississippi.

The Mormons settled at Nauvoo, and after six years of
stormy occupation voluntarily crossed the Mississippi river
and moved across the plains to Utah Territory, then a part
of Mexico.

The Lincoln-Douglas debates ; the nomination of Lincoln
(1860) in the Lake Street Wigwam, Chicago; Illinois'
honorable record in the Civil War for numbers of troops
sent to the front (250,000) ; four famous leaders and states-
men, Lincoln, Grant, Logan, Richard Yates, the war gov-
ernor and the " soldiers' friend " ; the noted composer of
war songs, George F. Root, and the wonderful singers of
those songs, the Lumbard brothers, who sang to civilians
and soldiers by the thousands on street corners, in the
camps, at great mass meetings of citizens ; the Chicago fire ;
the Haymarket riots ; the Columbian Exposition all
these topics are of much historical importance for Illinois,
but do not come within the range of the title of this book.

Pullman Strikes. The Pullman railroad strikes of 1894
involve a civic question and need mention on that account.
President Grover Cleveland and John P. Altgeld, governor
of Illinois, had a sharp controversy over the right of the
President of the United States to send Federal troops into
a State when the governor of that State had not requested
them. President Cleveland ordered the regulars from Fort
Sheridan into Chicago to protect the United States mails
and carry out the orders of a Federal judge whose injunc-
tions against the riotous strikers had not been obeyed.


The governor claimed the State militia could handle the
situation. But quiet was not restored until the regulars
had marched into the city and later the Supreme Court of
the United States sustained President Cleveland's action.

General References for History of Illinois.

1. G. W.. Smith: Students' History of Illinois, 1907.

2. Mather: The Making of Illinois.

3. Greene : Government of Illinois, ch. i, ii, iii.

4. Randall Parrish: Historic Illinois.

5. Campbell: Illinois History Stories. (Helpful for older pu-

pils, although intended for eighth grade.)

6. J. S. Currey: History of Chicago, 1912. (Very valuable

for entire State.)

7. Osman: Starved Rock (1911).

8. Catherwood: 'Story of Tonti. (Fiction; to be used with


9. Kinzie : Wauban Fort Dearborn Massacre.

10. Parrish: When Wilderness was King.

11. E. P. Roe: Barriers Burned Away. (Chicago Fire.)

12. Churchill: The Crossing. (Colonel Clark's expedition.)

13. Carr: The Illini.

14. Publications Illinois Historical Society, Springfield.

(List sent on application. One dollar will enroll any
school on their mailing list and furnish all their reports
and monographs.)



1. Forman : American Republic, pp. 135-144.

2. Forman : Advanced Civics, pp. 162-167.

3. Garner : Government in United States, Supplement, 1915, pp. 4- 1 ?-

4. Greene: Government of Illinois, pp. 76-85.

The Legislature of Illinois is called the General Assem-
bly and meets in Springfield in the capitol biennially, the
first Wednesday after the first Monday in January of the
odd years. The governor may call an extra session any
time. The General Assembly is bicameral, having a Senate
of fifty-one members and a House of Representatives of
one hundred and fifty-three members a Legislature of
two hundred and four.

Apportionment. The legislators are apportioned

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Online LibraryMary Louise ChildsActual government in Illinois → online text (page 9 of 16)