Aware, as I am, of the necessity of a prompt determination of the very delicate questions there presented for my consideration, I have employed in their examination all the time allowed me, and have listened with great satisfaction to the views presented to me by the Hon. J. Medill and Hon. Charles Hitchcock; and though;I have heretofore, in common with others, given to the provisions of the constitution quoted by you the interpretation you have adopted, I am now, from considerations that will hereafter be presented, of opinion that it was the intention of the Convention that the Governor and Secretary of State should apportion to the several districts of Cook county the number of representatives to which each of such districts should be entitled according to their population under the rules and principles applicable to other counties and districts of the State. I very cheerfully admit that this view cannot be supported by the language of the various provisions of the constitution quoted by you, alone, but must find its support in considerations that arise upon a view of the whole text of the instrument and the application of the language to the subject to which it relates. It is quite clear that it was the purpose of the Convention to establish an equal though somewhat artificial system of representation, which should be applicable to every county and district of the State, and that when this intention is ascertained from the general provisions of the constitution, a special provision applicable to a single county should not be allowed to defeat this general purpose, unless the language of such special provision is so clear and positive as to leave no possible room for a construction that would bring it in harmony with the general provisions of the constitution. It is also admitted that the construction given by the Governor and Secretary of State to the special provisions of the schedule of the constitution that relate to Cook county is a reasonable and natural one when the language of such special provisions is alone considered, or indeed when that language is examined in connection with the provisions of the 7th section of the legislative article that relates to the representation of counties having a population of more than two hundred thousand inhabitants only, but when the equal representation of all parts of the State was the purpose of the Convention, and no purpose is apparent in any part of the constitution to impose any other rule upon any part of the State, it seems consistent with the true rules of construction to modify the force of the probably inadvertent language employed in the provisions of the schedule now under consideration, and thus bring it in harmony with the general theory of equal representation provided by the constitution. I do not insist that the unfortunate consequence that would result from the application of the construction already given to these clauses of the constitution would justify the Governor and Secretary in disregarding duties imposed by plain and unambiguous language, but only to assert that while their construction is consistent with the language employed, still the construction that I suggest is admissable, and does no violence to such language, and at the same time harmonizes the provisional apportionment now to be made with the general scheme of representation established by the constitution. Very respectfully, W. BUSHNELL, Attorney General, Illinois. The message of the Governor was then read to the House. Resolved, That no persons other than members and officers of this House, the members and officers of the Senate, the Governor, and other State officers and their secretaries, the members of the supreme court, and ex-members of the House and Senate of this State, the ex-members of the last Constitutional Convention, the reporters of this House and of the public press, shall be entitled to remain on the floor of this House during the sessions thereof, without special permission. Resolved, That the Speaker of this House shall appoint three policemen to see that order is preserved in the lobbies and galleries of this House during its session. Mr. Miller of St. Clair called for a separate vote upon the resolutions. The question being upon the adoption of the first resolution, it was agreed to. Mr. Sheldon of Champaign moved to amend the second resolution by striking out the word three and inserting two. Mr. Campbell moved to amend the amendment by authorizing the Speaker to appoint as many policemen as he may deem necessary; which motion was disagreed to. Mr. Haines moved to amend the amendment by authorizing the Speaker to appoint policemen, not exceeding five in number; which motion was disagreed to. The question recurring upon the motion of Mr. Sheldon of Champaign, it was not agreed to. The resolution, as submitted by Mr. Turner, was then adopted. It was Resolved, That the Doorkeeper be directed to procure matting, in pursuance of the resolution adopted this morning, and place the same upon the floor of the gallery, stairways and hall, immediately after the adjournment of the House this afternoon. At 4 o'clock P. M., On motion of Mr. Jones of Marshall, The House adjourned. SATURDAY, JANUARY 7, 1871. Prayer by Rev. Mr. Phillips. The journal of yesterday was read. A message from the Senate, by Mr. Paddock: Mr. Speaker: I am instructed to inform the House of Representatives that the Senate has concurred with them in the passage of the following resolution, to-wit: Resolved by the House, the Senate concurring therein, That the two Houses meet in joint session in the Hall of Representatives, on Saturday, the 7th day of January, inst., at 11 o'clock A.M., for the purpose of canvassing the returns of the election for State Treasurer and State Superintendent of Public Instruction. Mr. Turner presented a communication in reference to the contested election in the eighty-ninth representative district, and moved its reference to a special committee of five. Mr. Cary moved that the communication be referred to the cominittee on elections, when appointed. And the question being, "Will the House agree thereto !" It was decided in the affirmative, Yeas Nays: ... The yeas and nays being demanded by five members. Those voting in the affirmative are, 100 68 So the communication was referred to the committee on elections, when appointed. Mr. Root, from the special committee on rules, submitted the following report: The committee on rules have had the subject under consideration, and instruct me to report the following as one of the rules of the House, namely: RULE -. The following committees shall be appointed, with leave to report by bill or otherwise: 1. Committee on Judiciary, to consist of fifteen members. 2. Committee on Corporations, to consist of fifteen members. Committee on Railroads, to consist of fifteen members. 4. Committee on Inland Commerce and Warehouses, to consist of fifteen members. 5. Committee on Congressional Apportionment, to consist of fifteen members. 6. Committee on Legislative Apportionment, to consist of fifteen members. 7. Committee on Judicial Department, to consist of fifteen members. 8. Committee on Finance, to consist of thirteen members. 9. Committee on Mines and Mining, to consist of thirteen members. 10. Committee on Fees and Salaries, to consist of thirteen members. 11. Committee on Appropriations, to consist of thirteen members. 12. Committee on Penitentiary, to consist of thirteen members. bers. Committee on Municipal Affairs, to consist of thirteen mem 14. Committee on Education, to consist of thirteen members. 15. Committee on State Institutions, to consist of thirteen members. 16. Committee on Public Charities, to consist of thirteen members. 17. Committee on Public Buildings and Grounds, to consist of thirteen members. 18. Committee on Revenue, to consist of thirteen members. 19. Committee on Banks and Banking, to consist of thirteen members. 20. Committee on Counties and Township Organization, to consist of thirteen members. 21. Committee on Agriculture, to consist of thirteen members. 22. Committee on Manufactures, to consist of thirteen members. 23 Committee on Canal and River Improvements, to consist of thirteen members. Committee on Elections, to consist of eleven members. 25. Committee on Equalization of Taxes, to consist of eleven members. 26. Committee on Insurance, to consist of eleven members. 27. Committee on Federal Relations, to consist of nine members. 28. Committee on Claims, to consist of nine members. 29. Committee on Militia, to consist of nine members. 30. Committee on Retrenchment, to consist of nine members. 31. Committee on Geological Survey, to consist of nine members. 32. Committee on Printing, to consist of nine members. 33. Committee on Roads, Highways and Bridges, to consist of nine members. 34. Committee on Executive Department, to consist of nine members. Committee on Drainage, to consist of nine members. 36. Committee on Contingent Expenses of the House, to consist of seven members. 37. Committee on Rules (consisting of the Speaker and six members), to consist of seven members. 38. Committee on Miscellaneous Subjects, to consist of seven members. 39. Committee on State Library, to consist of five members. 40. Committee on Enrolled and Engrossed Bills, to consist of five members. 41. Committee on Mileage, to consist of five members. On motion of Mr. Short, The report was adopted. On motion of Mr. Clark of LaSalle, It was Resolved, That the Speaker of the House appoint a committee of two to wait on the Adjutant General to see if flags can be obtained to hang on the ceiling of this House, to assist in correcting the acoustics of the same; and that the Doorkeeper, with such assistance as he may require, be instructed to hang the same. On motion of Mr. Curtis, It was Resolved, That the message of the Governor be referred to a special committee of seven, to report to this House a division and proper reference of the message. The Speaker appointed as such committee, Messrs. Curtis, Roe, Wight, Short, Turner, Morrill and Fouke. Mr. Springer moved to reconsider the vote by which the resolution relating to the procuring of flags from the Adjutant General, was passed; which motion was agreed to. On motion of Mr. Springer, The said resolution was laid on the table. On motion of Mr. Root, It was Resolved, That the Clerk be directed to inform the Senate that the House is now ready to receive the Senate, in order to canvass the vote of State officers, as provided by the constitution. The Senate, preceded by their President, entered the Hall of Representatives and took the seats arranged for them. On motion of Mr. Root, A call of the joint session was ordered. The roll of the House being called the following members answered to their names: |