Household furniture up to $500 in value, parsonages, and property of war veteran societies are made exempt (Sec. 145).

The state may forfeit to itself real estate for failure to pay The legislature may authorize tax buyers to waive tax title and to foreclose instead (Sec. 149).

taxes.

The overlapping of state appropriation periods is abolished (Sec. 153).

The possible debt for meeting casual deficits is increased from $250,000 to $1,000,000 (Sec. 155).

The debt limit for municipal corporations is increased from five per cent to six per cent (Sec. 156).

CHICAGO HOME RULE (Article VIII)

Except as expressly prohibited by law the City of Chicago is granted “full and complete power of local self government" to be "liberally construed" (Sec. 178).

The city may incur indebtedness for transportation and water, but any other tax or debt must be authorized by the legislature. Any bonded indebtedness must be approved by popular vote, and the total debt of the city shall not exceed seven per cent of the total taxable real estate value (Secs. 178, 190, 191, 192, 193).

Upon approval by popular vote, a charter convention shall be called to frame a city charter under which the home rule powers above granted are to be exercised (Sec. 179).

Such charter may provide, subject to approval by popular vote, for consolidation with the city of any or all local governments whose jurisdiction is wholly within the city. A similar consolidation may be made with the Sanitary District and the Forest Preserve District. The legislature may provide other methods of consolidation (Secs. 185, 188).

The power of eminent domain is granted to the city (Sec. 180). The city is expressly granted power to own and operate public utilities (Sec. 181).

Special laws relating to Chicago may be passed by the legislature subject to the city's consent by ordinance or popular vote (Secs. 182, 183).

Unless the city consents, no municipal corporation, except a county, exercising taxing powers within the city may be created, enlarged, or consolidated. Any ordinance giving such consent shall be subject to referendum approval on petition by 5,000 voters or one-third of the City Council (Sec. 184).

BILL OF RIGHTS (Article I)

Bible reading without comment is permitted in public schools (Sec. 3).

Jury trial may be waived in all but capital cases. The legislature may make women eligible for jury service and may authorize juries of less than twelve in civil cases (Sec. 5).

Excessive bail shall not be required. Other matters relating to bail are left to control of the legislature and the courts (Sec. 7). Penitentiary offenses may be prosecuted either by indictment or by information of the attorney general or the state's attorney. (Sec. 8).

All laws shall be applicable to all citizens regardless of race or color (Sec. 19).

THE LEGISLATURE (Article III)

Fifty-seven senatorial districts are established, of which nineteen will be permanently apportioned to Cook County and thirtyeight to the remainder of the state. There shall be one hundred fifty-three representative districts from each of which one member will be elected, thus abolishing minority representation and cumulative voting. Apportionment to be made in 1923, 1933 and every twelve years thereafter on basis of the last previous vote for governor (Sec. 23).

Legislative apportionment by certain executive officers is prescribed where the General Assembly fails to act (Sec. 24).

The governor may designate further subjects for extra session in one message within the session (Sec. 28).

Legislative committees to function between regular sessions are authorized (Sec. 33).

Separate appropriation bills for the several executive state. officers and the General Assembly are required (sec. 37).

Conference committees on appropriation bills are limited to matters in dispute. Printed copies of all appropriation bills shall be given members three days before final passage (Sec. 39).

The time for the governor to act on bills after adjournment is extended from ten days to thirty days (Sec. 42).

Ordinary acts are not to take effect until sixty days after adjournment (Sec. 43).

Banks of issue are prohibited and the requirement of popular vote on bank law change is omitted (Sec. 49).

State aid in certain drainage and survey projects is permitted (Sec. 59).

"Excess condemnation" by a municipality or other governing body is authorized (Sec. 60).

Zoning by cities, villages, and incorporated towns is permitted and existing statutes and ordinances on that subject are validated (Sec. 62).

The legislature may provide for farm loans subject to approval by referendum vote (Sec. 63).

The legislature may regulate stock voting in all corporations other than banks, including power to differentiate voting rights of various classes of stock (Sec. 64).

EXECUTIVE DEPARTMENT (Article IV)

The legislature is given power to create statutory offices in the executive department (Sec. 65).

The state treasurer's term is increased to four years (Secs. 67 and 68).

The governor is given power to grant conditional pardons (Sec. 77).

Interest reports are required from the state treasurer (Sec. 82). The state auditor shall prescribe and audit a uniform system of accounts for all county officers (Sec. 85).

MISCELLANEOUS

Laws encouraging forestry are to be passed and forest lands may be exempted from taxation (Secs. 57, 146).

Age and residence qualifications are raised for certain executive and judicial officers (Secs. 66, 124).

A statute of limitations may be passed in favor of public officers (Sec. 205).

Public officers and employees may be given a vested interest in accumulated pension funds (Sec. 206).

The legislature is to make adequate provision for the University of Illinois and the State Normal Schools (Sec. 209).

Ten million dollars may be appropriated for the deep waterway in addition to the $20,000,000 heretofore authorized (Sec. 228).

Amendments may be proposed to two articles of the constitution at any legislative session, but not to the same section oftener than every four years, and require the approval of a majority of

the votes cast for members of the house of representatives (Sec. 233).

ALLAN J. CARTER.

PROFESSIONAL OPINION ON THE NEW

CONSTITUTION

On December 12 the voters of this state will act upon the most important measure of legislation proposed in Illinois within a period of fifty years. The issue is whether we shall adopt the proposed new constitution or whether the state shall function for an indefinite period with an inadequate charter of fundamental law which goes back to the pre-industrial age. That the Constitution of 1870 is a straight-jacket on social progress, and that a new constitution is needed, are facts too well recognized to have place in the forum of debate.

It must not be overlooked that the Constitutional Convention had its liberals and its conservatives, and that unless one side or the other was able to dominate the convention, the joint product must, in the nature of things, be a blend of discordant views. The liberal will remain a liberal and the conservative will persist in his conservatism. Unless, therefore, a new constitution is to be a 'knock-out' document in which one extreme view alone is represented, and in which all opposing opinion, whether moderate or extreme, is annihilated, a compromise result, a moderate constitution, must be expected. Such, too, has been the tradition of our political institutions. Changes in political ideas have come slowly and have rarely met with unqualified approval either of an extreme Right or of an extreme Left. Moreover, an extreme constitution cannot survive even with the support of a numerical preponderance of the elements which give stability and coherence to the state. The minority, whether a red minority or a white minority cannot safely be ignored. While the present proposed constitution does not touch any of the emotional factors of discord which go with radical changes in legal ideas or institutions, yet the social and mechanical principles of constitution making are nevertheless involved. A satisfactory constitution must be a pragmatic balance of the social forces within the state. Illinois is not populated entirely by office holders nor entirely by plutocrats or proletarians. A workable constitution cannot be framed in accordance with the wishes and demands of one class in disregard of the competing and colliding wishes and demands of other classes. The constitution must, therefore, be a

moderate constitution. It will not completely satisfy the views of any single combination of interests. If the proposed new constitution meets the test indicated, if an inspection of it discloses it to be a moderate constitution, it will merit approval.

It should, however, have another quality-it should take a reasonably accurate measure of the developments in the art of government and of the contributions of political science. A progressive constitution may still be a moderate constitution. Measures which promote judicial, legislative, or executive efficiency do not operate as partisan interventions in the class struggle. Even a Bolshevist may support the idea of economical, efficient, and intelligent governmental action. There is only one interest which is likely to object to changes in the direction of progress in governmental method-the political interest which claims, and to a large degree possesses, the actual, concrete power of government. It is that interest which will be most audible and assertive, and it is that interest, also, whose oblique clamors of solicitude for the general welfare, the intelligent voter will do well to discount.

It hardly needs to be stated that a sound judgment of the merits of the new constitution cannot be attained by a good natured reception of criticism or approval of isolated provisions. The new constitution must be considered as a whole. It is to be feared that the voter on this important issue may be misled by opinions which lack any critical basis. Two local bar associations have recently held a lawyers' referendum on the adoption of the new constitution. In one referendum, the new constitution failed of support; in the other, it won approval. We do not attach any critical value to either vote, since it is morally certain that in neither case more than a small percentage of those voting had a reading acquaintance with the entire draft. It is equally certain that a much smaller number had that intimate knowledge of the actual contents of the draft which a lawyer would be expected to have of a legal document when advising a client.

With a view to obtaining as far as possible a reasoned, competent, and responsible judgment on the question of the constitution, the REVIEW has placed in the hands of about one hundred representative lawyers in various parts of Illinois a copy of the new draft constitution and has asked for an answer to the two following questions: (1) Should the new constitution be adopted? (2) Why? Only a fraction of those whose opinion was solicited have responded. The results of the questionnaire follow.

A. K.