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SECOND SPECIAL SESSION

JOURNAL

OF THE

House of Representatives

OF THE

Fifty-fifth General Assembly

OF THE

STATE OF ILLINOIS

TUESDAY, MAY 15, 1928.

At a special session of the Fifty-fifth General Assembly of the State of Illinois, begun and held at the Capitol in the city of Springfield, on Tuesday, May 15, 1928, at the hour of 11:00 o'clock a. m., the Honorable Robert Scholes, Speaker, called the House to order in pursuance of the following proclamation of the Governor:

STATE OF ILLINOIS,
OFFICE OF THE SECRETARY OF STATE.
SPRINGFIELD, May 15, 1928.

To the Honorable Robert Scholes, Speaker and Members of the House of Representatives of the Fifty-fifth General Assembly:

I am enclosing, herewith, a correct copy of a proclamation issued by His Excellency, Len Small, and made a matter of record in my office the 9th day of May, 1928.

Given under my hand and Great Seal of State, this 15th day of May, A. D. 1928.

(SEAL).

LOUIS L. EMMERSON,

Secretary of State.

PROCLAMATION.

EXECUTIVE DEPARTMENT.
STATE OF ILLINOIS,
SPRINGFIELD.

WHEREAS, On the first day of February, A D. 1927, the permit granted by the City of Chicago to the Chicago Surface Lines to occupy the streets and public places in the City of Chicago with tracks for electric railroads expired and came to an end, and since that day the right of such lines to occupy the streets and public places has been by virtue of temporary permits issued by the City Council of the City;

WHEREAS, It has become apparent that the ultimate solution of the traction question in Chicago requires the enactment of enabling legislation that will give to the people of Chicago the power to deal with this question in a manner that appears to them to be most consistent with their own welfare;

WHEREAS, The solution of the traction question is of great importance and intimately and vitally affects the rights and well being of every man, woman and child in Chicago, and is such that no ordinance granting or attempting to grant a franchise or permit to any traction company should become effective until it has been submitted to and approved by a majority vote of the people of that City;

WHEREAS, The people of Chicago have consistently favored home rule in the supervision and control of the public utilities serving citizens of that municipality to the end that the elected representatives of the people of that City, or officers appointed by or through them, may exercise full and complete supervision over such utilities; and

WHEREAS, The problems relating to the control of public utilities in Chicago are peculiar to that city and different from similar problems relating to the remainder of the State;

WHEREAS, Certain license taxes were collected under the provisions of "An Act to impose a license tax on the sale and use of motor fuel," approved June 29, 1927, and said license taxes are now in the State Treasury, but the Acts under which they were collected and appropriated have been declared unconstitutional and disposition should be made by the General Assembly of the taxes so collected in accordance with the intent as expressed in the Acts as originally passed;

WHEREAS, The appropriation for the State Fair was made from the Revenue Fund, and the appropriation for distribution to aid county fairs and other agricultural societies is inadequate to meet the requirements prescribed in the State Finance Act, and there is now the sum of $236,855.08 in the "State and County Fair Premium Fund" collected under the provisions of the Illinois Racing Law, which is more than enough to supply the requirements of the latter appropriation as well as to relieve the Revenue Fund of the expense of the State Fair premiums;

WHEREAS, A recent decision of the Supreme Court has held that any physician connected with a hospital giving medical instruction is ineligible to act on the medical examining board;

WHEREAS, Irregularities have occurred in certain annexations to cities, towns and villages, and also in respect to the granting of certain franchises, rights or licenses by municipalities having the Commission Form of Municipal Government;

WHEREAS, it has lately been found that assessment mutual insurance companies are prohibited from issuing policies without medical examination thus placing them in a position less favored than other insurance companies;

WHEREAS, It has been held that certain property given in trust to the Board of Trustees of the University of Illinois is not exempted from taxation;

WHEREAS, The Research and Educational Hospital, being an educational institution, should more properly be managed and controlled by the University of Illinois than by the Department of Public Welfare;

WHEREAS, There is urgent need to control aviation;

WHEREAS, By reason of the foregoing and other matters I deem that an extraordinary occasion now exists for convening the General Assembly in extraordinary session;

Now, THEREFORE, I, LEN SMALL, Governor of Illinois, under and by virtue of the power and authority vested in me by the Constitution and laws of the State of Illinois, do hereby call and convene an extraordinary session of the General Assembly of the State of Illinois to commence on Tuesday, the 15th day of May, A. D. 1928, at 11 o'clock in the morning, for the following purposes:

1. To amend "An Act concerning public utilities," approved June 29, 1921, in such manner that the powers, duties and authority now vested in the Illinois Commerce Commission with respect to public utilities (as defined in said Act) serving the people, or any of them, who reside in any city, town or village having a population of more than 300,000, be vested in the corporate authorities of such city, town or village, or in a board, body or commission appointed by an elected officer or by the elected officers of such city, town or village.

2. To enact laws to provide that the powers, duties and authority now vested in the Illinois Commerce Commission under and by virtue of "An Act concerning public utilities," approved June 29, 1921, with respect to public utilities (as defined in said Act) serving the people, or any of them, residing in any city, town or village having a population of more than 300,000, be vested in the corporate authorities of such city, town or village or in a board, body or commission appointed by an elected officer or by the elected officers of such city, town or village.

3. To enact laws or to amend any existing laws so as to provide that the powers, duties and authority, or any part thereof, now vested in the Illinois Commerce Commission under and by virtue of "An Act concerning public utilities," approved June 29, 1921, with respect to any corporation, company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees or receivers appointed by any court whatsoever, that now or hereafter may control, operate or manage within, or partly within, any city, town or village having a population of more than 300,000 in this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with the transportation of persons or property or the transmission of telegraph or telephone messages between points within such city, town or village, or for the production, storage, transmission, sale, delivery or furnishing of heat, cold, light, power, electricity or water, or for the conveyance of oil or gas by pipe line, or for the storage or warehousing of grain, or for the conducting of the business of a wharfinger, or that may own or control any franchise, license, permit or right to engage in any such business, be vested in the corporate authorities of such city, town or village, or in a board, body or commission appointed by the chief executive officer of such city, town or village by and with the advice and consent of the legislative body of such city, town or village.

4. To amend "An Act concerning public utilities," approved June 29, 1921.

5. To amend Clause Twenty-fourth of section 1 of Article 5 of "An Act to provide for the incorporation of cities and villages," approved April 10, 1872, so as to give to the City Council in cities, and the president and board of trustees in villages, the power to permit, regulate or prohibit the locating, constructing or laying a track of any horse or electric railroad in any street, alley or public place, upon such terms and conditions and for such period of time as said City Council or said president and board of trustees may deem proper, but providing that such permit or franchise shall not be for an indefinite or perpetual period of time and providing that a so-called "indeterminate franchise" or "terminable permit" shall not be granted and further providing that the ordinance permitting, regulating or prohibiting such locating, constructing or laying, if it provides for a permission for a period longer than one year, shall, before it becomes effective, be approved by a

majority of the electors of such city or village voting thereon at a general or special election within such municipality.

6. To amend "An Act to provide for the incorporation of cities and villages," approved April 10, 1872, to give to the City Council in cities, and the president and board of trustees in villages, the power to permit, regulate or prohibit the locating, constructing or laying a track of any horse or electric railroad in any street, alley or public place, upon such terms and conditions and for such period of time as said City Council or said president and board of trustees may deem proper, but providing that such permit or franchise shall not be for an indefinite or perpetual period of time and providing that a so-called "indeterminate franchise" or "terminable permit" shall not be granted and further providing that the ordinance permitting, regulating, or prohibiting such locating, constructing or laying, if it provides for a permission for a period longer than one year, shall, before it becomes effective, be approved by a majority of the electors of such city or village voting thereon at a general or special election within such municipality.

7. To amend any existing law or part thereof, which limits the time for which a permit to locate, construct or lay the track of an electric railroad in any street, alley, or public place may be granted by the local authorities of any city, town or village, but any such amendment shall provide that such permit shall not be for an indefinite period of time or be perpetual, and shall provide that a so-called "indeterminate franchise" or "terminable permit" shall not be granted.

8. To amend "An Act entitled 'An Act in regard to street railroads,' and to repeal certain acts herein referred to," approved March 7, 1899, to provide that the consent of the corporate authorities of the city, town or village, or of the county board referred to in said Act, may be granted upon such terms and conditions and for such period of time as such corporate authorities or such county board may deem proper, but providing that such permit or franchise shall not be for an indefinite or perpetual period of time and providing that a so-called "indeterminate franchise" or "terminable permit" shall not be granted, and further the ordinance, resolution or order granting such consent, if it provides for a consent for a period longer than one year, shall not become effective until approved by a majority of the electors of such city, town or village voting thereon at a general or special election in such city, town or village.

9. To amend or alter any or all of the provisions of "An Act entitled 'An Act in regard to street railroads,' and to repeal certain acts herein referred to," approved March 7, 1899, but any such amendment shall provide that any permit shall not be for an indefinite period of time or be perpetual and shall provide that a so-called "indeterminate franchise" or "terminable permit" shall not be granted.

10. To enact laws and/or amend existing laws so as to vest in the local authorities of cities, towns and villages, having a population of more than 300,000, or in an administrative board created or appointed by such local authorities, the powers, duties and authorities with respect to public utilities, serving the people of such municipalities, now vested in the Illinois Commerce Commission by "An Act concerning public utilities," approved June 29, 1921; and to grant to all other cities, towns and villages and the local authorities thereof similar powers subject to adoption by a referendum vote. 11. To enact laws and/or amend existing laws so as to give to the local authorities of cities, towns and villages plenary power to grant the consent referred to in section 4 of Article XI of the Constitution, but not power to grant such consent for an indefinite or perpetual period of time and such power not to include the right to grant a so-called "indeterminate franchise" or "terminable permit," such consent in any case to be subject to approval by vote of the people.

12. To enact laws and/or amend existing laws so as to give to cities, towns and villages full power to construct, or to permit to be constructed, subways by special assessment and/or otherwise, for the laying and opera

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