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are a numerous series of overlapping special districts. Such special districts have been created for many new functions of local government, and also for functions already within the powers of previously existing authorities; and the state is now overlaid with an intricate network of local districts and authorities, having little or no official relations to each other. Added to the local government districts are election and judicial areas, which further complicate the situation. No attempt has been made to organize a correlated system of local governing bodies to exercise the numerous functions of the existing overlapping authorities; nor has any effort been made to plan election. and judicial districts so that they will correspond with each other or include the same groups of local government districts.

The only legislation which indicates an element of unity among the numerous local authorities is the Juul law, which attempts to provide a maximum for the aggregate of all local tax rates. But this law has been so frequently amended, so as to exempt one class of local authorities after another from the provisions for scaling down taxes when the aggregate local taxes exceed the maximum, that the law now affects only a small number of taxes.

Constitutional provisions as to uniformity of taxation and limitation of municipal debts have had a good deal to do with the multiplication of local districts. Where previously existing local authorities have incurred debt substantially to the constitutional limit, it has become customary to create new districts, with somewhat varying boundaries for the performance of certain functions. These new districts can incur an entirely new debt within the constitutional limitation. As a result, the present debt limitations have not restricted the amount of local debt which may be incurred for a given area; but have simply led to the creation of new districts for the purpose of incurring larger debts.

Some of the present difficulties in connection with local government in Illinois have resulted from the detailed character of constitutional provisions. Any series of detailed provisions will cause difficulties on account of changing conditions; and the problem for the constitutional convention of 1920 with respect to local government will be to examine the present constitutional provisions, with a view of modifying or eliminating those which have prevented needed legislation or have led to legislation adding to the complexity of local government, rather than to devise and place in the constitution a complete system of local government.

Many American states now have detailed provisions on local government in their constitutions, although few have as much detail as that of Illinois. Several states, however, have comparatively brief and general provisions; and a number of others (which have not had a general revision of their constitutions since 1860) have very few constitutional provisions on local government. Thirteen states now have constitutional provisions for municipal home rule. Two states (California and Maryland) provide for county home rule charters; and a proposed amendment for this purpose has also been presented in Ohio.

II. DEVELOPMENT OF LOCAL GOVERNMENT IN
ILLINOIS.

Local government in Illinois has attracted more than local attention, on account of the geographical location of the state, as the meeting point of different systems, which resulted in the adoption of optional methods in different parts of the state. At the same time the development in this state has followed the same general tendencies as in other states towards detailed legislative control, with a greatly decentralized administration, a complicated series of overlapping local districts, and an unorganized group of local officials; and in recent years some tendencies toward state administrative supervision. A sketch of the main lines of this development will serve to explain some of the features of the present arrangements.

Under French and British rule. The local government of the early French settlements on the bottom lands of the Mississippi was comparatively simple and unimportant. The principal officials were appointed after 1732 by the French governor of Louisiana, but there were also some village officers for the local affairs of the several settlements. During the Seven Years War (1756-1763), the control of the superior officials was relaxed; and by the treaty of Paris (1763) the Illinois country was ceded to Great Britain.

During the period of British occupation, the Illinois settlements were under the supervision of the military commander of the district. Some steps were taken towards the introduction of English law. But on the outbreak of the American Revolution, the British troops were withdrawn; and the French settlements were captured by Captain George Rogers Clark in the name of Virginia in 1778.

The territorial period. In December, 1778, the Virginia assembly passed an act organizing the county of Illinois; and the Virginia county system was introduced. A county lieutenant was appointed, who selected the sheriff and militia officers, and established local courts with elected justices of the peace. But difficulties with the inhabitants soon arose; and after 1782 there was a period of confusion and disorder, as American settlers began to arrive.

The Illinois region was included in the Northwest Territory by the Ordinance of 1787; and under this Ordinance, Governor St. Clair

established the counties of St. Clair (in 1790) and Randolph (in 1795). The county organization established resembled that of Virginia, with sheriffs, justices of the peace, and other officers appointed by the governor. Provision was, however, also made for establishing civil townships, as in Pennsylvania, with officials appointed by the county court.

In 1800, the Illinois region was included in the newly created territory of Indiana. Some changes and additions to the machinery of local administration were made by the governor and judges of Indiana, and also by the territorial legislature established in 1805; and a revised code of territorial laws enacted in 1807 included a number of chapters relating to local government.

In 1809, the territory of Illinois was organized; and further changes were made in the details of local government, especially relating to the local courts. As settlements increased, thirteen new counties were formed from 1812 to 1818. Local records also show the existence of civil townships within the counties.

Under the constitution of 1818. The first state constitution of Illinois provided for the election in each county of a sheriff, a coroner, and three county commissioners; and authorized the General Assembly to provide for the appointment of justices of the peace, surveyors of highways, constables and other local officers. Judges of the higher courts were to be appointed by the General Assembly; and clerks of courts were to be appointed by the judges.

These decentralized provisions were in the direction of the Pennsylvania system of local government, which had been followed in Ohio. and Indiana. The civil townships were also continued for a time; but a series of acts passed between 1823 and 1827 provided for several kinds of sub-districts within the counties for elections, roads and other local purposes, eliminating the civil township; and in this respect the local government became more similar to that of Kentucky and Virginia. At the same time, the congressional township became a local unit for school affairs; and this formed a basis for the later development of the township system of local government.

New counties were created at almost every session of the General Assembly; and by 1848 a total of 100 had been established.1 Many counties in the southern part of the state were very small both in area and population. The Revised Statutes of 1845 established restrictions on the formation of new counties, the transfer of territory and the removal of county seats.

Other changes in local government during this period were also steadily in the direction of further decentralization. Justices of the peace were made elective in 1827. About 100 incorporated towns were organized by special charters, or after 1831, under a general law; and seven cities were established by special charters.

1 One of them, Highland, was later reunited to Adams County; and only three additional counties have been organized since 1848-Kankakee in 1853, and Douglas and Ford in 1859.

The school laws of 1841 and 1845 provided for the local election of school trustees for each school township, and the formation of school districts within each township.

Constitution of 1848. In the constitutional convention of 1847-48, a number of important changes in local government were proposed. The various proposals were referred to several different committees, and the committee reports presented conflicting recommendations to the convention, while a number of minority reports increased the complications. The result was a compromise between conflicting ideas, and the adoption of a number of detailed provisions not based on consistent principles.

Some provisions were in the direction of a simpler and more concentrated machinery of local government. Restrictions on the formation of new counties, and on transfers of territory, taken from the Revised Statutes of 1845, served to put an end to the further creation of more counties. In the same direction was the union of the administrative functions of the county commissioners with the work of the probate justices in a new system of county courts.

On the other hand, while the coroner was omitted from the list of constitutional county officers, a number of additional elective constitutional officers were provided, including county judges, state's or county attorneys, clerks of circuit courts, and justices of the peace. Another provision, authorizing an optional system of township organization, opened the way to further decentralization of local administration to meet the wishes of the northern and central counties, which were being settled largely from eastern states with township gov

ernment.

The township system was more definitely provided for by an optional law of 1849, which was revised in 1851 and 1861, and amended from time to time; and was also governed in some respects by the revenue laws of 1853 and 1855. County and township government, under these laws, resembled that in New York and Michigan, rather than that in Ohio and Indiana; and the town governments fell far short of the powers of the New England towns. Town meetings were provided, but they had few powers; and the principal functions were vested in town officers for the administration of local roads and for state functions such as the assessment and collection of taxes. In counties which adopted the township system, boards of supervisors elected by towns took over the administrative functions of the county

courts.

The township system was rapidly adopted in many counties. At the election in November, 1849, it was accepted by 24 counties (17 north of the Illinois river and 7 in the central part of the state). By 1860, it had been established in 36 additional counties; and by 1870 in 10 more counties, a total of 70 of the 102 counties. Since 1870, it has been adopted by 16 other counties (14 by 1890 and 2 since then), one of which was definitely returned to the county system. Several

other counties, after adopting the township system, have voted to discontinue it, and have later readopted it.

Notwithstanding the rapid extension of the township system, the separate incorporation of towns (villages) and cities continued much more rapidly than before. In counties which adopted the township system, the number of very small incorporated towns was somewhat less than in counties not under the township system; but even where the township system was established, many incorporated towns were organized within the townships. By 1870 there were more than 400 incorporated municipalities in the state, including 43 cities.

Many of the incorporated towns organized during this period were established under the general law for the incorporation of towns; but many of these towns secured special acts with additional powers; and many towns and all of the cities were governed entirely by means of special legislation. Much special legislation was also passed for counties and other local districts; and the enormous mass of private and special laws relating to local government was one of the most striking features of the period under the constitution of 1848, especially after 1860.

In 1857, the private laws formed a volume of 1,550 pages. In 1869, they formed four volumes of 3,350 pages, of which 1,850 pages related to cities, towns and schools.

Proposed constitution of 1862. The proposed constitution of 1862 contained a number of additional provisions relating to local government, most of which were afterwards included, with others, in the constitution of 1870.

Local or special laws were prohibited on certain subjects, including laying out, opening, altering and working on roads or highways; vacating roads, town plats, streets, alleys and public squares; locating and changing county seats; regulating county and township business; and regulating the jurisdiction and duties of justices of the peace and constables.

The prohibition on the loan of public credit or aiding corporations or associations (placed on the state in 1848) was extended to any county, city, town, township or school district.

A uniform system of courts was provided, but with some special provisions as to the number of judges and court clerks in Cook county.

The coroner was restored to the list of elective county officers; and provision was made for the election of a recorder of deeds in counties with more than 35,000 population, and a probate judge and a probate clerk in counties with more than 100,000 population.

Provision was made for discontinuing township organization by a vote of the county.

Constitution of 1870. In the constitutional convention of 1869-70 many changes and additions were proposed in relation to local

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