sumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. SECTION 8. No person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger: Provided, that the grand jury may be abolished by law in all cases. People ex rel. v. Kipley et al., 171 Ill., 44; People v. Glowacki, 236 Ill., 612; People v. Russell, 245 Ill., 268. SECTION 9. In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. To be heard by counsel: White et al. v. People, 90 Ill., 117; Thompson v. People, 144 Ill., 378. Nature of accusation: West v. People, 137 Ill., 189; Cochran v. People, 175 Ill., 28; People v. Nolan, 250 Ill., 351. To meet witnesses face to face: Tucker v. People, 122 Ill., 583; Speedy public trial: Weyrich v. People, 89 Ill., 90; Marzen v. Spies et al. v. People, 122 Ill., 1 (262). Of the county or district: Weyrich v. People, 89 I., 90; Buckrice v. People, 110 Ill., 29; Watt v. People, 126 Ill., 9; City of Chicago v. Knobel, 232 Ill., 112; People ex rel. v. Rodenberg, 254 Ill., 386. SECTION 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense. Minters v. People, 139 Ill., 363; People v. Miner et al., 144 Ill., 308; Boone v. People, 148 Ill., 440; Dreyer v. People, 188 Ill., 40; Paulsen v. People, 195 Ill., 507; People ex rel. v. Butler Street SECTION 11. All penalties shall be proportioned to the nature of the offense; and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the State for any offense committed within the same. Chicago and Alton Railroad Company v. People ex rel., 67 Ill., 11; Chicago, Rock Island, and Pacific Railway Company v. People, 217 Ill., 164; Collins v. Metropolitan Life Insurance Company, 232 Ill., 37; Wall et al. v. Pfanschmidt et al., 265 Ill., 180. SECTION 12. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases where there is strong presumption of fraud. Kennedy et al. v. People, 122 Ill., 649; Huntington v. Metzger, 158 Ill., 272; Barclay v. Barclay, 184 Ill., 375. SECTION 13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. Taking or damaging: Rigney v. City of Chicago, 102 Ill., 64; Commissioners of Highways of the Town of Burgess v. Hohmeyer, 279 III., 66. Public use: Gaylord v. Sanitary District of Chicago, 204 Ill., 576. Just compensation: Carpenter v. Jennings et al., 77 Ill., 250; Caldwell et al. v. Commissioners of Highways, 249 Ill., 366. Jury trial: McManus v. McDonough et al., 107 Ill, 95; Wabash Railroad Company v. Coon Run Drainage and Levee District, 194 Ill., 310; Juvinall et al v. Jamesburg Drainage District, 204 Ill., 106; see article II, section 5 and article XI, section 14. SECTION 14. No ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed. Roby v. City of Chicago, 64 Ill., 447; Ruggles v. People, 91 III., 256; Ford et al. v. Chicago Milk Shippers' Association 155 I., 166; Johnson v. People, 178 Ill., 131; Bradley v. Lightcap, 201 IN., 511; Olsen v. People ex rel., 219 Ill., 40. SECTION 15. The military shall be in strict subordination to the civil power. County of Christian v. Merrigan, 191 Ill., 484. SECTION 16. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war except in the manner prescribed by law. SECTION 17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and to apply for redress of griev ances. SECTION 18. All elections shall be free and equal. People ex rel. v. Hoffman et al., 116 Ill., 587; People ex rel. v. Board of Election Commissioners of the City of Chicago, 221 Ill., 9; Rouse v. Thompson, 228 Ill., 522; see article VII, section 1. SECTION 19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property or reputation; he ought to obtain, by law, right and justice freely and without being obliged to purchase it, completely and without denial, promptly and without delay. Reed et al. v. Tyler et al., 56 Ill., 288; Senichka v. Lowe, 74 Ill., 274; Douglas v. Hutchinson et al., 183 Ill., 323; see Bonney v. King et al., 201 Ill., 47. SECTION 20. A frequent recurrence to the fundamental principles of civil government is aboslutely necessary to preserve the blessings of liberty. ARTICLE III Distribution of Powers The powers of the government of this State are divided into three distinct departments-the legislative, executive and judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. City of Galesburg v. Hawkinson et al., 75 Ill., 152; People ex rel. v. Hoffman et al., 116 Ill., 587; George v. People, 167 Ill., 447; in re Day, 181 Ill., 73; City of Aurora v. Schoeberlein, 230 Ill., 496; Correspondence between Governor and Judges of Supreme Court, 243 Ill., 9; People ex rel. v. McCullough, 254 Ill., 9; Witter v. County Com Tel. v. missioners of Cook County et al., 256 Ill., 616; People ex Dunne et al., 258 Ill., 441; see Field v. People ex rel., 2 Scammon (3 Ill.), 79. ARTICLE IV Legislative Department SECTION 1. The legislative power shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people. People ex rel. v. Kipley et al., 171 Ill., 44; Rouse v. Thompson, 228 Ill., 522; People v. McBride, 234 III., 146; People v. Rob, 249 Ill., 532; see People ex rel. v. Reynolds, 5 Gilman (10 IU.), Election SECTION 2. An election for members of the General Assembly shall be held on the Tuesday next after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the Governor, or person exercising the powers of Governor, shall issue writs of election to fil1 vacancies. Eligibility and Oath SECTION 3. No person shall be a Senator who shall no t attained the age of twenty-five years, or a Representative wh not have attained the age of twenty-one years. such have shall No person shall be a Senator or a Representative who shall not be a citizen of the United States, and who shall not have been for five years a resident resi he is At of this State, and for two years next preceding his election dent within the territory forming the district from which elected. No judge or clerk of any court, Secretary of State, torney General, State's Attorney, recorder, sheriff, or collector of public revenue, member of either House of Congress, or Person holding any lucrative office under the United States or this State, or any foreign government, shall have a seat in the General A8-. sembly: Provided, that appointments in the militia, and the offices of notary public and justice of the peace, shall not be considered lucrative. Nor shall any person holding any office of honor or profit under any foreign government, or under the government of the United States, (except postmasters whose annual compensation does not exceed the sum of three hundred dollars) hold any office of honor or profit under the authority of this State. People ex rel. v. Board of Election Commissioners of the City of Chicago, 221 Ill., 9. SECTION 4. No person who has been, or hereafter shall be convicted of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the General Assembly, or to any office of profit or trust in this State. Cawley et al. v. People, 95 Ill., 249. SECTION 5. Members of the General Assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Illinois, and will faithfully discharge the duties of Senator (or Representative) according to the best of my ability; and that I have not, knowingly or intentionally, paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill the said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill, resolution or appropriation, or for any other official act." This oath shall be administered by a judge of the supreme or circuit court in the hall of the house to which the member is elected, and the Secretary of State shall record and file the oath subscribed by each member. Any member who shall refuse to take the oath herein. prescribed shall forfeit his office, and every member who shall be convicted of having sworn falsely to or of violating, his said oath, shall forfeit his office and be disqualified thereafter from holding any office of profit or trust in this State. |