Therefore, I, John M. Palmer, Governor of the State of Illinois, do by this, my proclamation, convene the General Assembly, and request the members and officers of both branches thereof to assemble in session at the city of Springfield, on Wednesday, the 24th day of May, A. D. 1871, at noon, to take into consideration the subjects aforesaid. In testimony whereof, I hereto set my hand and cause to be affixed the Great Seal of State. Done at the city of Springfield this third day of May, in the year of our [L. S.] Lord one thousand eight hundred and seventy-one, and of the independence of the United States the ninety-fifth. Prayer was offered by Rev. Mr. Prentice. JOHN M. PALMER. The Clerk proceeded to call the roll of the members and officers of the House. The roll of elective officers being called, the following answered to their names: Daniel Shepard, Clerk. J. W. Reece, First Assistant Clerk. Eric Johnson, Second Assistant Clerk. Samuel R. Hay, Third Assistant Clerk. W. W. Lowdermilk, Enrolling and Engrossing Clerk, C. C. Kohlsaat, First Assistant Enrolling and Engrossing Clerk. Gustavus Wetzlau, First Assistant Doorkeeper. William F. Wilton, Assistant Postmaster. Mr. Root submitted the following: Resolved, That the Clerk of the House be directed to inform the Senate that the House is organized, and ready to proceed to business. Mr. Haines submitted the following as a substitute : Resolved, That the Clerk inform the Senate that a majority of the members of the House of Representatives have assembled, and the House is ready to proceed to business. The question being upon the adoption of the substitute, it was agreed to. The question recurring upon the adoption of the resolution, as amended by the substitute, it was agreed to. A message from the Senate, by Mr. Paddock: Mr. Speaker: I am directed to inform the House of Representatives that the Senate has adopted the following resolution, to-wit: Resolved, That the Secretary of the Senate inform the House of Representatives that the Senate has met and organized, and is now ready for the transaction of the business of the special session. Resolved by the House of Representatives, the Senate concurring herein, That a joint committee, of three on the part of the House and two on the part of the Senate, be appointed to wait upon the Governor, and inform him that the two houses are now in session and are ready to receive any communication he may see fit to make. The Speaker of the House appointed as said committee, on the part of the House, Messrs. Armstrong, Senne and Mayo. Mr. Root submitted the following: Resolved, That the rules of the House of Representatives, at its last session, be and they are hereby adopted as the rules for the government of this House at this session: Provided, that the rules may be suspended, at any time, by a majority vote. Mr. Cummings moved to amend by striking out the words "Provided, that the rules may be suspended at any time by a majority vote." Pending the consideration of which, On motion of Mr. Armstrong, At 12:42 o'clock P. M., the House adjourned until 2:30 P. M. HALF-PAST TWO O'CLOCK P. M. The House met, pursuant to adjournment. The question being upon the adoption of the amendment proposed by Mr. Cummings, to the resolution offered by Mr. Root, Mr. Haines submitted the following substitute for the resolution and amendment: Resolved by the House of Representatives, the Senate concurring herein, That the present meeting of this General Assembly shall not operate to rescind the resolution heretofore adopted-to meet at Chicago on the 15th of November next; but said resolution, in regard to time and place of the next meeting of the General Assembly, shall be and remain as expressed in said resolution. The Speaker decided said substitute out of order, as not germane to the subject pending. A message from the Senate, by Mr. Paddock : Mr. Speaker: I am directed to inform the House of Representatives that the Senate has concurred with them in the adoption of the following resolution, to-wit: Resolved by the House of Representatives, the Senate concurring herein, That a joint committee, of three on the part of the House and two on the part of the Senate, be appointed to wait upon the Governor, and inform him that the two houses are now in session and are ready to receive any communication he may see fit to make. The President has appointed, on the part of the Senate, Senators McNulta and Holcomb. A message from the Senate, by Mr. Paddock: Mr. Speaker: I am directed to inform the House of Representatives that the Senate has adopted the following resolution, to-wit: Resolved by the Senate, the House of Representatives concurring herein, That, until otherwise provided, the officers and employees of the two Houses of the last session of the General Assembly be continued at this special session; and that said officers and employees receive the same compensation as at the first session of this General Assembly. In the adoption of which I am instructed to ask the concurrence of the House of Representatives. A message from the Senate, by Mr. Paddock: Mr. Speaker: I am directed to inform the House of Representatives that the Senate has adopted the following resolution, to-wit: Resolved by the Senate, the House of Representatives concurring herein, That the joint rules of the Senate and House, in force at the regular session of this year, be and the same are hereby adopted for the government of the present session; and that the joint committees of the Senate and House, at that session, be appointed for this session. In the adoption of which I am instructed to ask the concurrence of the House of Representatives. Mr. Armstrong, from the joint committee appointed to wait upon the Governor, submitted the following report: The joint committee appointed to wait upon his excellency, the Governor, and inform him that both Houses of this General Assembly have convened in obedience to proclamation, and that there was a quorum present in each House, and that they were prepared to proceed to business, and would be pleased to receive such communication as his excellency should see proper to communicate, would most respectfully report that they have called upon his excellency, and was informed by him that he would immediately send a communication in writing to each branch of the General Assembly. A message from the Governor, by E. B. Harlan, Private Secretary. Mr. Speaker: I am directed by the Governor to lay before the House of Representatives a printed communication: EXECUTIVE DEPARTMENT, SPRINGFIELD, ILL., May 24th, 1871. Gentlemen of the Senate and House of Representatives: When, on the 17th day of April last, the General Assembly sus pended its session until the 15th day of November next, a period of nearly seven months, it seemed to be anticipated by the members as well as by others familiar with the public business, that an earlier meeting would be necessary than that fixed in the resolution of adjournment. As was understood at the time, I shared in the impression that the public interests would suffer if legislative action upon many important subjects was delayed until the time fixed for the adjourned session; and my subsequent reflections, as well as my observation of the condition of public affairs, satisfied me that an extraordinary occasion existed, within the meaning of the 8th Section of the 5th Article of the Constitution, that imposed on me the duty of convening the General Assembly in session to consider certain subjects that are of such urgency as to admit of no great delay. Before reaching a final conclusion upon this subject, my attention was directed to the question, suggested in certain highly respectable quarters, whether, under the circumstances of a mere temporary suspension of a session of the General Assembly, by its own act, until a day fixed for resuming legislative duties, the Governor has the power to convene its members into an earlier session. I fully appreciated the gravity of the question thus presented, and was not insensible to the force of the objection, that the assertion of the existence of the power in the Governor to convene the General Assembly, at an earlier day than that fixed by its own deliberate action, carried with it the implication of a right to exercise some control over the determinations of the Legislature, not only with respect to the time of its own adjournments and meetings, but of its judgment as to the necessity for legislation. But it seemed to me to be a satisfactory answer to the objections thus urged, that the language of the Constitution is, that "the Governor may, on extraordinary occasions, convene the General Assembly by proclamation, stating the purpose for which they are convened;" that the power thus created is conferred upon the Governor for the object of promoting the public welfare, and that to justify its exercise but two things are required: that is, that the General Assembly is not in actual session, and that extraordinary reasons require that it should convene; and though the Governor must judge in the first instance of the necessity for a legislative session, the independence of the General Assembly is assured by its undoubted right, after convening in pursuance of the proclamation, to judge of the reasons of the executive act; and if such reasons appear insufficient, to adjourn; and if the conduct of the Governor in the premises justifies it, to censure, or in extreme cases, impeach him. Under circumstances like the present, each department of the government is perfectly independent, and must, while in the exercise of its own duties, determine the extent and measure of its own powers, being responsible only to the people of the State. After reaching the conclusion above stated as to the proper extent and powers of the Governor, I saw no way of escaping the duty of inviting the General Assembly to convene again in session, and accordingly, on the 3d day of May, 1871, I issued my proclamation convening the members and officers of both Houses into session on the 24th day of May, 1871, at noon of said day. Authentic copies of my proclamation are herewith submitted to the General Assembly, and earnest attention invited to the subjects of business therein mentioned. I. Referring to the subjects for legislative action in the order in which they are set forth in the proclamation, it will readily occur to the General Assembly that it will be necessary to make provision by law for the payment of the compensation of its officers and members, and to regulate the amount to be paid to its employees, and for its ordinary and incidental expenses. I may venture to say, that with all the attention that can be given to the subject, the expenses of the session will exceed the anticipations of the members, and that the only efficient check upon expenditures will be to confine them within proper limits by a law that clearly expresses the amounts to be paid to each person for articles furnished or services rendered to the General Assembly. Since the late adjournment of the General Assembly, my attention has been called to the existence of several claims for services rendered during the session, that cannot be paid under any existing law. II. The compensation of the officers of the executive department; III, Provision for the payment of the ordinary and contingent expenses of the State Government; IV, The regulation of the salaries of the Judges of the Circuit Courts; V, And the enactment of laws made necessary by the amended Constitution, to fix the fees and salaries and compensation of all State, county and township officers, and to regulate the costs and expenses of parties in courts of justice and before judicial and other officers-are subjects so intimately connected that they may be well considered together. The salary of the Governor was, by the Constitution of 1847, fixed at the sum of fifteen hundred dollars, and no more; but at successive sessions of the General Assembly, appropriations were made of con |