out the certification of the civil service commission as required by law. The relators contended that the certificate of the civil service commission was unnecessary for the reason that the civil service act as applied to officers whose offices were created by the constitution was null and void for two reasons: First, because it violated article 3 of the constitution of Illinois which declares that the powers of government are divided into three distinct departments-legislative, executive and judicial and prohibits any department from exercising any power belonging to either of the others. In regard to this matter, the Supreme Court held that the civil service act as applied to the office of the secretary of state was not in violation of article 3, because the appointment, whether made by the secretary of state or the civil service commission, was made by the executive department. Second, it was contended that the civil service law in limiting the power of the secretary of state to make appointments was in violation of section 1 of article 5 of the Illinois constitution which names the officers who shall comprise the executive department, and provides that the secretary of state, together with the other state officers, shall perform such duties as may be prescribed by law. The result of the court's action was to apply the civil service act to the positions of assistant chief clerk, corporation clerk and bookkeeper in the office of the secretary of state, on the ground that such application was not an unlawful interference by the legislative department with the constitutional powers and duties of the office of secretary of state, although the court was badly divided. In People v. Brady, 275 Ill., 261 (1916), an employee in the office of the clerk of the Supreme Court sought to avoid the application of the civil service law, urging the same objections which had been made in the McCullough case. The court rejected both objections, and said: "The mention of an officer in the constitution does not place him above the law and give him the same control of his office as of his private business. He is a public officer and the business of his office must be conducted according to law. The legislature may not deprive him of the power conferred upon him by the constitution, but it has power to make reasonable regulations in regard to the means by which, and the time, place and manner in which, the duties of such constitutional officer shall be performed. The duties of a clerk may be performed by a deputy, and it is not an unreasonable regulation to prescribe reasonable qualifications for persons who may be employed as deputies and removal from office for a lack of efficiency in the performance of its duties."

Court of Claims. A body called the court of claims, but not a part of the judicial organization of the state, was recreated under an act passed in 1917. The old court of claims was abolished by the Civil Administrative Code. The court consists of a chief justice. and two members appointed by the Governor with the advice and consent of the senate for a four-year term commencing the second Monday in January next after the election of a Governor. They each receive a salary of $1,500 per annum, payable monthly.

The function of the court of claims is to hear and determine private claims against the state and to hear and give its opinion on any controverted questions of claim and demand referred to it by any offi

cer of the state. It may also hear and determine the liability of the state for accidents to its employes in accordance wih the workmen's compensation act, the industrial commission being relieved from any duty with reference thereto.

The court has power to make rules for practice and procedure before the court, to compel the attendance of witnesses and the production of books and papers. The concurrence of two members is necessary to a decision in any case. The court files a brief written statement of the reasons for its determination in each case and of its awards. The authority conferred on the court of claims is by statute made exclusive, and the statute further provides that no appropriation to pay claims shall be made by the legislature unless an award has been. made by the court of claims.

The secretary of state is ex-officio secretary of the court of claims. He is directed to compile and publish annually the opinions of the court. The attorney general appears for and represents the interests of the state in all matters before the court.

Illinois State Historical Library. This library was established by an act passed in 1889. It is under the control and management of three trustees, appointed by the Governor, by and with the consent of the senate for a two-year term. They must be well versed in the history of the state and qualified by habit and disposition to discharge the duties of their office. They receive no compensation except actual expenses while in the discharge of their duties, to be paid upon itemized accounts, approved by the Governor.

The trustees have power to procure all books, pamphlets, manuscripts, monographs, and other material bearing upon the political, physical, religious or social history of the state of Illinois. The Illinois state historical society is a department of the historical library and the trustees are authorized to pay certain expenditures for the historical society out of the historical library appropriations. All expenditures are paid by proper vouchers approved by the Governor, and the auditing of the accounts of appropriations to the state historical society is subject to the approval of the Governor. The trustees have power to select a librarian whose salary is $3,000 per annum.

Lincoln Park and West Chicago Park Commissioners. The Governor appoints the West Chicago park commissioners under an act passed in 1869, and the Lincoln park commissioners under an act passed in 1871. The appointment of these commissioners is made with the advice and consent of the senate. The park districts, whose affairs are managed by these commissioners, are located in the city of Chicago. The number of commissioners for each park district is seven and they are appointed for five year terms.

3. Ex-officio.

an

Board for Vocational Education. This board was established by act passed in 1919. It is composed of the superintendent of public instruction, the director of registration and education. the director of agriculture, the director of labor, and the director of

trade and commerce, ex-officio. The director of registration and education is ex-officio chairman of this board, and the superintendent of public instruction is its executive officer.

The board is to co-operate with the federal government in the administration of the federal vocational education law, to promote the establishment of vocational classes, and to distribute the vocational education fund allotted to this state by congress. The board is empowered to appoint, without reference to the civil service law, such technical assistants, clerks and stenographers as may be necessary. The state treasurer is the custodian of the vocational education funds allotted to this state by congress.

Board of Commissioners of the State Library. The state library was established in 1845. The Governor, secretary of state, and superintendent of public instruction constitute the board of commissioners for the management of the state library, of which board the Governor is president.

The function of the commissioners is to make and carry into effect all rules and regulations for the care, arrangement and use of the books, maps, charts, papers, and furniture of the state library. Books may be taken from the library by members of the General Assembly during sessions, justices of the Supreme Court, and the Governor and officers of the executive department.

The secretary of state is librarian ex-officio, and he has the custody and charge of the library. He is requred to prepare an alphabetical catalogue of the library, and report the same to the board of commissioners who are directed to publish it. Before the auditor may issue his warrant to any member or officer of the General Assembly for his services during the session, he must be satisfied that such member or officer has returned all books to the state library, and settled all accounts for injuring books or otherwise.

Joint Legislative Reference Bureau. The joint legislative reference bureau was established by an act passed in 1913. It is composed of the Governor, and chairman of the committees on appropriations and judiciary of the house of representatives and the senate. The Governor is ex-officio chairman of the bureau. The members of the bureau receive no compensation, but they are entitled to actual and necessary expenses incurred in the performance of their duties. They meet during the regular and special sessions of the General Assembly and at such other times as they may determine.

The function of the bureau is to collect and keep in the state capitol such laws, reports, books, periodicals, documents, catalogues, check-lists, digests and summaries of the laws of other states on current legislation as may aid the members of the General Assembly in the performance of their official duties. The bureau is required to publish a digest or summary of all bills and resolutions introduced in each branch of the General Assembly, and to furnish copies to each member on Monday of each week during the session of the General Assembly. It furnishes legal assistance to members of the General Assembly upon their request, in the preparation of bills, resolutions and amendments.

The legislative reference bureau appoints a secretary, who is required to give his entire time to the duties of the office, and whose salary may not exceed $5,000 per annum. It also appoints other officers and employes and fixes their compensation.

The secrtary of state is required to provide the bureau with suitable offices, convenient to the meeting place of the General Assembly, and with the necessary furniture, stationery and supplies. The state library is directed to co-operate with the bureau and make the facilities of the library accessible to it, and loan it material. All proper expenses are paid from its appropriations upon itemized vouchers, signed by the secretary and approved by the Governor.

Primary Canvassing Board. This board was created in 1910 by an act to provide for the holding of primary elections by political parties. In case of the nomination of candidates for offices, including the presidential primary, and that for state central committeemen and delegates and alternate delegates to national nominating conventions, for which elections certified tabulated statements of returns are filed with the secretary of state, the returns are canvassed by the Governor, secretary of state and state treasurer.

State Canvassing Board. The state canvassing board is composed of the secretary of state, auditor, treasurer and attorney general. This board, or any two of them, in the presence of the Governor proceeds within twenty days after the election, and sooner if all the returns are received, to canvass the votes for United States senators and representatives, judges and clerks of the Supreme Court, judges of the circuit courts, members of the General Assembly and trustees of the University of Illinois. The persons having the highest number of votes are declared elected. In case of a tie, the secretary of state, in the presence of the other officers and the Governor, decides by lot which of such persons is elected. The Governor is directed to give those elected a certificate of election or commission, and he issues a proclamation of the results of the canvass. At the same time and in the same manner the votes on constitutional amendments and other propositions voted on by the entire state are canvassed. The abstracts of votes which this board canvasses are prepared by the county clerks, assisted by two justices of the peace of the respective counties, and sent to the secretary of state. Two copies of the abstracts are sealed in separate envelopes and both are sent to him, one addressed to the "speaker of the House of Representatives," and the other to the "secretary of state." The canvassing of votes by this board is not exclusive in many cases. By article V, section 4 of the constitution, the speaker of the House of Representatives opens and publishes the returns of every election for elective state officers of the executive department, in the presence of a majority of the two houses.

Tax Levy Board. The Governor, auditor and treasurer are required annually, on the completion of the assessment and equalization of property, to ascertain the rate per cent required to produce the amount of taxes levied by the General Assembly. When this rate is ascertained, the auditor certifies to the county clerks the proper rates per cent to be levied and collected as state taxes.

4. Partly ex-officio and partly appointed by the Governor.

Board of Trustees of the Illinois State Teachers' Pension and Retirement Fund. The Illinois state teachers' pension and retirement fund was established by an act passed in 1915. It is administered by a board of trustees consisting of five members, the superintendent of pubic instruction and the state treasurer, ex-officio, and three members appointed from those under the pension system, by the Governor with the advice and consent of the Senate for a term of three years. Members of the board receive no compensation except necessary expenses incurred in attending the meetings. If the board elects one of its members secretary, he receives compensation for his services. The superintendent of public instruction is ex-officio president, and the state treasurer is ex-officio treasurer of the board. The state treasurer is liable on his official bond for the proper performance of his duties and the conservation of this fund. The board of trustees meets regularly four times a year.

The function of the board of trustees is to administer the teachers' pension fund, to invest the same upon the approval of the state treasurer, and to make payment from the fund of the pensions and annuities granted in the act. The board of trustees appoints a secretary and fixes his compensation, which, with all other expenses is paid out of the teachers' pension fund. The auditor is authorized to pay all salaries, annuities and expenses upon the presentation of vouchers approved by the president and secretary of the board of trustees. Annuities are paid quarterly.

The board of trustees is directed to report annually at the first meeting after June 30. This report is transmitted to the superintenIdent of public instruction, and included in his biennial report to the Governor. The board of directors, board of education or other governing body of public schools in each district coming under the provisions of this act, is required each year within seven days after June 30, to forward to the state treasurer a statement of moneys retained from salaries in accordance with this act, together with such money. At the same time a copy of this report must be sent to the county superintendent. If no teacher comes under the provisions of the act, the school authorities must file a statement of that fact under oath with the county superintendent and with the state treasurer. The managing bodies enumerated must keep a complete and uniform record of data contained in these reports in such form as may be prescribed by the board of trustees of said retirement fund. The state treasurer is directed to credit all moneys received under this act to the fund designated as the Illinois state teachers' pension and retirement fund.

The act does not apply to cities and school districts having a population of over 65,000 in 1910, which had a teachers' pension system organized under a statute prior to the time this act took effect.

The board of trustees is also charged with the administration of the state institutions' teachers' pension and retirement fund, created in 1917. The provisions for the administration of this fund are practically identical with the provisions for the administration of the Illinois state teachers' pension and retirement fund. The provisions of the act