afforded by the preceding constitution. Consequently more important legislation has been enacted since 1870 than during the period from 1848 to 1870. Supreme court. Acting under the authority conferred upon it by the constitution to alter, increase or diminish the grand judicial divisions, the general assembly in 1897 passed an act37 providing that for the purpose of holding terms of the supreme court and for the election of the clerk of this court, the state shall constitute one grand judicial division. This act also provides that the terms of the supreme court shall be held at Springfield only. Under its constitutional authority to change the boundaries of the districts for the election of supreme court judges, the general assembly in 1903 passed an act designed to change the boundaries of the fourth district.38 By this act Rock Island County was transferred from the sixth to the fourth district, Mercer, Warren and Henderson counties from the fifth to the fourth district, and Pike and Scott counties from the fourth to the second district. Notwithstanding the fact that there would be no election of judges in the second, fifth and sixth districts, the districts incidentally changed by this act, until after the next session of the general assembly, the act was declared valid.40 No other changes have been made in boundaries of the supreme court election districts, although the seventh district now contains nearly one-half of the population of the state. 39 The most important enactment with respect to the supreme court is the so-called certiorari act of 1909 (amendment to section 121 of the Practice Act), which makes the decisions of the appellate courts. final in a large number of cases. Appellate courts. Acting under the power conferred upon it to create inferior appellate courts, the general assembly in 1877 established the appellate court." By this act the state is divided into four districts. Cook County constitutes the first district, the remainder of the northern grand division of the supreme court the second, and the other two grand divisions of the supreme court the third and fourth districts respectively. Each court is held by three of the judges of the circuit court who are assigned to this duty by the supreme court for a term of three years. These courts have appellate jurisdiction only, and by the so-called certiorari act of 1909 their decisions are final in a large number of cases. In order to relieve the congested condition of the docket of the appellate court in Cook County, the general assembly passed an act in 1897 providing for branch appellate courts in any district where the number of pending cases exceeded 250 at any term.12 The appellate 37 Hurd's Revised Statutes, Chap. 37, Sec. 2-4. 38 Hurd's Revised Statutes, Chap. 37, Secs. 1a-c. Section 5 of Article VI of the constitution reads: "The boundaries of the districts may be changed at the session of the general assembly next preceding the election of judges therein, and at no other time; but whenever such alterations shall be made the same shall be upon the rule of equality of population, as nearly as the county boundaries will allow, and the districts shall be composed of contiguous counties, in as nearly compact form as circumstances will permit". 40 People v Rose. 203 II. 46 (1903). 41 Hurd's Revised Statutes, Chap. 37, Secs. 18-35. 42 Hurd's Revised Statutes, Chap. 37, Sec. 35b. 43 court act was again amended in 1911 tc authorize the employment of assistant judges. The operation of the amendment was, however, limited to a two-year period, and no action was taken under it. Circuit courts and the superior court of Cook County. Acting under the constitutional authority to create larger circuits than those prescribed in section 13 of the judicial article of the constitution, the general assembly in 1877 passed an act which divided the state outside. of Cook County into thirteen circuits. This act also provided for the election of three judges in each circuit.** One of the reasons for granting the general assembly this power was to permit judges in these circuits to interchange so each could hear the class of cases for which he was best qualified. Each circuit judge holds court in such counties as may be agreed upon by the judges of that circuit. In case of disagreement the supreme court assigns counties to the judges. The circuits were increased to seventeen in 1897.* 46 45 In 1909 an act was passed which provides that the supreme court or any judge thereof in vacation may upon request assign judges to assist in other circuits than the one in which they are elected.*7 The number of judges of the circuit and superior courts of Cook County has been increased until each of these courts now has twenty judges. Probate courts. In 1877 the general assembly acting under the power conferred upon it by the constitution established probate courts in all counties having a population of 100,000 or more. In 1881 this act was amended so as to extend its provisions to all counties in the state having a population of 70,000 or over.18 City courts. The general assembly under the constitution of 1848 had unlimited power to create city courts. As they had created unnecessary courts in small cities, certain members of the constitutional convention of 1869-70 endeavored to limit the power of the general assembly by prescribing that city courts could be established only in cities having a population of over 5,000. Friends of the city courts prevented this limitation. The constitution did provide, however, that laws relating to courts must be general. In 1874 an act was passed which provided that city courts might be established in any city containing a population of over 5,000, whenever the city or common council should adopt a resolution to submit the question to the qualified voters of such city and two-thirds of the votes cast should be in favor of the establishment of such court.49 The act of 1874 was repealed by an act in 1901. The act of 1901 provides that city courts may be established in cities having a population of 3,000 or more." 50 The municipal court of Chicago. The constitution of 1870 had provided that justices of the peace in the city of Chicago should be 43 Hurd's Revised Statutes, Chap. 37, Sec. 359. 44 Jones & Addington Illinois Statutes Annotated. Chap. 37, Sec. 3065. 45 Debates and Proceedings of the constitutional convention of 1870, page 1140. 46 Hurd's Revised Statutes, Chap. 37, Sec. 73. 47 Hurd's Revised Statutes, Chap. 37, Sec. 821. 48 Hurd's Revised Statutes, Chap. 37, Secs. 216-239. 49 Hurd's R. S. 1874, Ch. 37, Sec. 211. appointed by the governor "by and with the advice and consent of the senate (but only upon the recommendation of a majority of the judges of the circuit, superior and county court)". Regardless of this precaution, some unscrupulous persons succeeded in getting appointed justices of the peace. The practice prevailed of starting suits before justices of the peace who resided in the most distant and inaccessible part of the county from the defendant. It was often more expensive to defend a suit than to pay the demand. Ungrounded suits were frequent. In 1881 an act was passed which was expected to remedy some of the evils of the justice of the peace system in Cook County. This act51 provided that each county of the state should constitute a justice's district, except Cook County, which was divided into two districts, the City of Chicago constituting one district and the territory outside of the city and within the county the other district, and to the limits of such districts the jurisdiction of all justices of the peace therein was expressly limited. This act was declared unconstitutional52 on the ground that it conflicted with the constitutional provision that the jurisdiction of justices of the peace shall be uniform.53 The evils of the justice of the peace system in Chicago and Cook County finally became unbearable. In 1904 the constitution was amended by adopting Section 34 of Article IV. This section provides among other things that in event that municipal courts are established in Chicago the general assembly shall have power to prescribe the practice for these courts, to abolish the justices of the peace in Chicago, and to limit the jurisdiction of the justices of the peace of Cook County outside of Chicago to that territory. The general assembly acting under the authority given it by Section 34 of Article IV of the constitution passed the Chicago municipal court act in 1905.54 This act establishes the municipal court of Chicago, prescribes the practice to be followed in this court, abolishes justices of the peace in Chicago, and limits the jurisdiction of justices of the peace of Cook County outside of Chicago to that territory. Summary. The judicial article in the constitution of 1818 was brief and contained mostly matter of a fundamental character. Under this constitution the general assembly had nearly unlimited power. It could create courts, appoint judges, and change the circuits. This constitution provided that judges should hold their office during good behavior. At the time of its adoption the people seemed to distrust the executive and judicial departments. Between 1818 and 1848 the general assembly plunged the state into debt by creating state banks, which proved a failure, and by aiding internal improvements. The general assembly used its power to reorganize the supreme court for political purposes. When the consti 51 Laws of 1881, page 103. 53 People v. Meech, 101 I. 200 (1881). 53 Constitution of 1870, Art. VI, Sec. 21. 64 Hurd's Revised Statutes, Chap. 37, Secs. 264-330. tution of 1848 was adopted the people distrusted the general assembly and its power was greatly curtailed. The demand for elective officers caused the power of appointing judges to be taken from the general assembly. The movement for financial retrenchment caused the salaries of judges to be fixed at a low figure. The judicial system provided by the constitution of 1848 proved to be inadequate to meet the needs of the unforeseen increase in population and business. The salaries fixed by the constitution proved to be inadequate. The general assembly had been deprived of its power to create new courts, or to increase the number of judges of the supreme court or to increase the salaries of the judges of the supreme and circuit courts. A convention was called in 1862 to remedy these conditions, but the constitution framed by it was rejected. The constitution of 1870 relieved the situation by increasing the number of supreme court judges, and by permitting the general assembly to create appellate and probate courts and to fix the salaries of judges. The plan of each convention in dealing with the judicial article has been to retain all of the former unobjectionable provisions, change the objectionable parts to meet new conditions, and to add new provisions. Not only have the unobjectionable provisions of the former constitution been retained, but in many instances statutory provisions that had been thought to be successful have been adopted and embodied in the new constitution. This has also caused each new constitution to contain more matter not of a fundamental character. Each constitution has contained more detail and has been longer than the preceding one. The constitution of 1818 was a very flexible instrument. In order to curtail the power of the general assembly because of certain abuses, the judicial system was made very rigid by adopting much detail in the constitution of 1848. In order to give the needed flexibility to the judicial system more detail was incorporated in the judicial article of the constitution of 1870. III. STRUCTURE OF THE PRESENT JUDICIAL ORGANIZATION OF ILLINOIS. All of the judicial powers in the State of Illinois are vested in courts established or authorized by the constitution. Section 1 of Article VI provides that "the judicial powers, except as in this article is otherwise provided, shall be vested in one Supreme Court, Circuit Courts, County courts, Justices of the Peace, Police Magistrates, and in such courts as may be created by law in and for cities and incorporated towns." Sections 23, 24 and 25 provide for the Superior Court of Cook County; Section 26 for the Criminal Court of Cook County; Section 11 authorizes the establishment of inferior appellate courts, and section 20 the establishment of probate courts in counties having a population of over 50,000. In 1904 the constitution was amended by adopting Section 34 of Article IV. This amendment made possible the establishment of the Municipal Court of Chicago. Section 26 of Artice IV of the constitution reads: "The State of Illinois shall never be made defendant in any court of law or equity". For the purpose of passing on claims against the state there has been established an organization which, although not a court in the proper sense, is called the Court of Claims. The common law practice as changed by statute is used in Illinois. The general assembly has made many changes, but the distinction between law and equity is retained. The Supreme Court. (a) Organization. The Constitution of Illinois provides in detail for the organization of the supreme court. Article VI, Section 2, states that the supreme court shall consist of seven judges. The article further specifies that one of these judges shall be chief justice, that four shall constitute a quorum, and that the concurrence of four shall be necessary to every decision. The constitution prescribes that no person shall be eligible to be elected judge of the supreme court unless he is at least 30 years of age; a citizen of the United States; a resident of the state for 5 years next preceding his election, and a resident of the district for which he is elected. As organized by the constitution, the State of Illinois was divided into three grand judicial divisions; one or more terms for the northern |