Papers Of Abraham Lincoln

ILLINOIS
LEGIS. } H. R. { 12th ASSEM
2d SESSION

FEBRUARY 4th, 1841.
Laid on the table, and 150 copies ordered to be printed.
A BILL
For “An act to license Merchants, Auctioneers, Money Brokers and others.”
1

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly,

2 That if any merchant or trader, auctioneer, money or exchange broker, or lottery ticket ven-

3 der, shall carry on or conduct any business as such, after the first day of May next, without first

4 having obtained a license according to the provisions of this act, every such person shall forfeit

5 and pay a penalty of five dollars, for each day that such business shall be conducted without a

6 license, to be recovered before any justice of the peace, if the amount sued for be less than one

7 hundred dollars, or before any court of competent jurisdiction, when the amount sued for shall

8 exceed one hundred dollars; the penalty or penalties recovered to be paid into the county

9 treasury for the use of the county.

Sec. 2. That any merchant or trader who shall not use, employ or have invested

2 a greater amount of capital in his business than two thousand dollars, shall pay each year the

3 sum of twenty-five dollars for a license to sell goods, wares and merchandize; that every mer-

4 chant or trader who shall use or employ, or have invested, over two thousand dollars, and less

5 than five thousand dollars, as aforesaid, shall pay each year the sum of fifty dollars for a license

6 as aforesaid; and every such merchant or trader who shall use or employ, or have invested a

7 greater amount of capital, as aforesaid, than five thousand, and less than ten thousand dollars, shall

8 pay one hundred dollars each year for such license as aforesaid; and every such merchant or trader

9 who shall use or employ, or have invested, a greater amount of capital than ten thousand

10 dollars in such business, as aforesaid, shall pay one hundred and fifty dollars for each year, for

11 every such license as aforesaid.

Sec. 3. That it shall be the duty of the clerk of the county commissioners’ court of every

2 county to grant a license to any merchant or trader who shall apply therefor, upon the receipt

3 of the compensation fixed in the second section of this act.

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Sec. 4. That any person applying for a license as aforesaid, for which a less sum than one

2 hundred and fifty dollars is to be paid, shall make oath of the amount of capital used, employed,

3 or invested by such person in his trade or business, which oath the clerk of the county com-

4 missioners’ court is hereby authorized to administer; and upon the amount of capital sworn to

5 be invested by the person applying, the clerk shall fix the amount to be paid for the license:

6 Provided always, that firms and co-partnerships shall, in the construction of this act, be consid-

7 ered as one person.

Sec. 5. The clerk is authorized where any person shall commence business as a merchant

2 or trader, auctioneer, money or exchange broker, lottery ticket vender, or commission mer-

3 chant, at any time after the first day of May in any year, to grant a license until the first day

4 of May next following, demanding and receiving therefor a proportionate sum, corresponding

5 with the time such license has to run.

Sec. 6. That if any person shall, after the first day of May next, carry on, use, or conduct

2 business, as an auctioneer, commission merchant, or as an exchange or money broker, or shall ^shall^

3 vend any lottery tickets ^ or a manager of any lottery ^, without having first obtained a license therefor from the county com-

4 missioner’s clerk, as provided in this act, he shall pay the penalty fixed by the first section of

5 this act, to be recovered and applied as therein prescribed, for which license there shall be paid

6 one hundred dollars as aforesaid.

Sec. 7. That the clerk of the county commissioners’ court shall make a full and complete

2 report to the State Treasurer, at the expiration of each month, of the number of licenses, if any

3 by him granted, and what sum has been received for each license, and the clerk shall be enti-

5 tled to retain out of the monies received by him for each license, the sum of fifty cents, as a com-

5 pensation for his services.

Sec. 8. That the clerk of the county commissioner’s court shall, from time to time, and as

2 often as requested, pay over to the county collector any money in his hands received for license

3 under the authority of this act, and the receipt of the collector shall be his sufficient discharge

4 for any money paid to such collector, and the collector of the county shall pay over to the

5 State Treasurer, and account to him for any money which he may receive under the provis-

6 ions of this act, in the same manner, and under the same penalties and restrictions he pays

7 over and accounts for any money he may receive under the revenue laws of this state.

Sec. 9. That it shall be the duty of the county commissioner’s court, at every regular or

2 special meeting of such court, to enquire into and ascertain if the clerk of said court has in all

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3 respects complied with the provisions of this act; and if upon such examination, such clerk

4 shall be found to be delinquent, it shall be their duty to dismiss such clerk from office, to

5 which office he shall not again be eligible; and said court shall order a new election to be held

6 in thirty days thereafter, to fill the vacancy occasioned by the dismissal of such clerk.

vend any lottery ticket2

<Page 4>

[ docketing ]
A Bill for “an act to licence Merchants Auctioneers, Money Brokers & others”

[ docketing ]
[02]/[19]/[1841]
refused Eng.[Engross]

[ docketing ]
[02]/[04]/[1841]
ord[ordered] 2

[ docketing ]
[02]/[19]/[1841]
Refus^d[Refused] to Engross

[ docketing ]
6

1Ebenezer Peck from the Committee on Finance, of which Abraham Lincoln was a member, introduced HB 193 in the House of Representatives on February 4, 1841 . The House tabled the bill and ordered printed 150 copies. On February 11, the House took up the bill, referring it to the Committee of the Whole and making it the special order of the day for February 15. On February 19, the House refused to engross the bill by a vote of 32 yeas to 46 nays, with Lincoln voting nay.
Illinois House Journal. 1840. 12th G. A., 323, 373, 446.

2HB 193 was one of two bills, the other being HB 192, coming from the House Committee on Finance on February 4, 1841, as part of a report on the public revenue. These bill were designed to help Illinois raise revenue to alleviate the debt crisis that had arisen in the aftermath of the Panic of 1837.

	Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly,
2	That if any merchant or trader, auctioneer, money or exchange broker, or lottery ticket ven-
3	der, shall carry on or conduct any business as such, after the first day of May next, without first
4	having obtained a license according to the provisions of this act, every such person shall forfeit
5	and pay a penalty of five dollars, for each day that such business shall be conducted without a
6	license, to be recovered before any justice of the peace, if the amount sued for be less than one
7	hundred dollars, or before any court of competent jurisdiction, when the amount sued for shall
8	exceed one hundred dollars; the penalty or penalties recovered to be paid into the county
9	treasury for the use of the county.
	Sec. 2. That any merchant or trader who shall not use, employ or have invested
2	a greater amount of capital in his business than two thousand dollars, shall pay each year the
3	sum of twenty-five dollars for a license to sell goods, wares and merchandize; that every mer-
4	chant or trader who shall use or employ, or have invested, over two thousand dollars, and less
5	than five thousand dollars, as aforesaid, shall pay each year the sum of fifty dollars for a license
6	as aforesaid; and every such merchant or trader who shall use or employ, or have invested a
7	greater amount of capital, as aforesaid, than five thousand, and less than ten thousand dollars, shall
8	pay one hundred dollars each year for such license as aforesaid; and every such merchant or trader
9	who shall use or employ, or have invested, a greater amount of capital than ten thousand
10	dollars in such business, as aforesaid, shall pay one hundred and fifty dollars for each year, for
11	every such license as aforesaid.
	Sec. 3. That it shall be the duty of the clerk of the county commissioners’ court of every
2	county to grant a license to any merchant or trader who shall apply therefor, upon the receipt
3	of the compensation fixed in the second section of this act. <Page 2>
	Sec. 4. That any person applying for a license as aforesaid, for which a less sum than one
2	hundred and fifty dollars is to be paid, shall make oath of the amount of capital used, employed,
3	or invested by such person in his trade or business, which oath the clerk of the county com-
4	missioners’ court is hereby authorized to administer; and upon the amount of capital sworn to
5	be invested by the person applying, the clerk shall fix the amount to be paid for the license:
6	Provided always, that firms and co-partnerships shall, in the construction of this act, be consid-
7	ered as one person.
	Sec. 5. The clerk is authorized where any person shall commence business as a merchant
2	or trader, auctioneer, money or exchange broker, lottery ticket vender, or commission mer-
3	chant, at any time after the first day of May in any year, to grant a license until the first day
4	of May next following, demanding and receiving therefor a proportionate sum, corresponding
5	with the time such license has to run.
	Sec. 6. That if any person shall, after the first day of May next, carry on, use, or conduct
2	business, as an auctioneer, commission merchant, or as an exchange or money broker, or shall ^shall^
3	vend any lottery tickets ^ or a manager of any lottery ^, without having first obtained a license therefor from the county com-
4	missioner’s clerk, as provided in this act, he shall pay the penalty fixed by the first section of
5	this act, to be recovered and applied as therein prescribed, for which license there shall be paid
6	one hundred dollars as aforesaid.
	Sec. 7. That the clerk of the county commissioners’ court shall make a full and complete
2	report to the State Treasurer, at the expiration of each month, of the number of licenses, if any
3	by him granted, and what sum has been received for each license, and the clerk shall be enti-
5	tled to retain out of the monies received by him for each license, the sum of fifty cents, as a com-
5	pensation for his services.
	Sec. 8. That the clerk of the county commissioner’s court shall, from time to time, and as
2	often as requested, pay over to the county collector any money in his hands received for license
3	under the authority of this act, and the receipt of the collector shall be his sufficient discharge
4	for any money paid to such collector, and the collector of the county shall pay over to the
5	State Treasurer, and account to him for any money which he may receive under the provis-
6	ions of this act, in the same manner, and under the same penalties and restrictions he pays
7	over and accounts for any money he may receive under the revenue laws of this state.
	Sec. 9. That it shall be the duty of the county commissioner’s court, at every regular or
2	special meeting of such court, to enquire into and ascertain if the clerk of said court has in all <Page 3>
3	respects complied with the provisions of this act; and if upon such examination, such clerk
4	shall be found to be delinquent, it shall be their duty to dismiss such clerk from office, to
5	which office he shall not again be eligible; and said court shall order a new election to be held
6	in thirty days thereafter, to fill the vacancy occasioned by the dismissal of such clerk.