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 providing for letting the works of Internal Improvement to persons or companies, and for other purposes.”
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12 Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly,
That there ^the Treasurer and Fund commissioner or either of them^ shall be constituted a board on the part of the State, whose duty it shall
be to exercise a general supervision over all the works of the State which have been commen-
ced under the Internal Improvement system, and who shall be, and are hereby, empowered to
prosecute, on the part of the State, any person or persons, who shall trespass on any of the
said works. And said board shall have power to sell, lease, or contract in relation to all or any
part of the different rail ways laid out and commenced by the State, under the restrictions
hereinafter provided for; and who shall receive three per day each for the
time necessarily, actually, and bona–fide employed in the specific services herein directed, and
no more.
Sec. 2. And be it further enacted, That on the application of any person or persons, or corpora-
tion or corporations, and on giving good and sufficient security that such person or persons, cor-
poration or corporations, will pay all costs of surveys, estimates, &c.; that it shall be the duty
of the board aforesaid to employ some competent engineer or engineers on the part of the State,
who shall proceed to value and appraise any line or part of line of rail way—said appraisement
to include all labor done on said railway, together with all the materials on hand for its con-
struction—the value of the ground purchased, ceded, or condemned by the State. And if such
person or persons, or corporation or corporations, shall pay into the Treasury of the State, the
price set on it by the engineer or engineers, as aforesaid, or shall execute bonds with good and
sufficient security for the payment of the principle withinfifty years, and the interest, at
six per cent. paid semi–annually, to be paid into the State Treasury, then the said board shall
sell to said person or persons, corporation or corporations, such line or part of line of rail way.

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5 But no sale to be considered valid until it shall have been approved of by the Governor: Provi-
ded, that if the person or persons, corporation or corporations, shall give security in double the
value of all materials put into their hands, that such materials or the value thereof shall be ap-
plied in the construction of the road, and that said work shall be prosecuted within a reasonable
time, the previous security mentioned in this section may be dispensed with; the State holding
a lien on the road itself for the value of the work already done by the State: Provided , also,
that in case of any contract and ratification thereof, growing out of the valuation and appraisement
of any given portion of rail road, as provided in the foregoing part of this section, then and in
that case the State shall pay the expense of said valuation.
Sec. 3. And be it further enacted, That in case any person or persons, corporation or corpora-
tions, shall make application to the board, and given security for costs as aforesaid, it shall be
lawful for them to dispose of half of the interest of the State to any given portion of rail road
line, not less than twelvemiles in extent, on the following terms, viz: after the works and
materials shall be appraised, as provided in the second section of this act, such amount of ap-
praisement shall be considered as so much expended on the part of the State: and said person or
persons, corporation or corporations, shall proceed to expend judiciously an equal amount, and
if said road be not yet completed, then the said State and person or persons, corporation or
corporations, company or companies, shall contribute in equal amounts, the sums necessary to
finish said work or works; and when finished they shall be considered as joint owners of said
work or works: Provided, that nothing herein contained shall be construed so as to oblige the
State to complete, or assist to complete, any road or roads if, after the appraisement of the
same, it shall appear that the State shall have expended less than one–fourth of its estimated cost:
And provided, also, that if it shall appear from the appraisement and subsequent cost of finish-
ing the work or works, that the State has paid over her proportion of the expense of construc-
tion, then said person or persons, corporation or corporations, company or companies, shall pay
over to the State one half of such excess; or on failure to do so, then the State shall be entitled
to and draw of the revenues work or works, in proportion to the several amounts expended.
Sec. 4. And be it further enacted, That in case of any sale by the State of her interest in
all or any part of any rail way, or part of rail way, as provided in the previous sections of this
act, it shall be lawful for the State, at any time after the year ^eighteen hundred and sixty^ to repossess herself
of all or any part of the rail ways or parts of any rail way or rail ways, on the payment to the
proper person or persons, corporation or corporations, company or companies, or any of them,

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10 or theirsuccessors or legal representatives, the principal, with six percent. interest on the
sum or sums advanced by him or them, from the time of such advancement to the time of payment:
Provided, that the State shall take the whole of any given road, as originally disposed of, in
whole or in part, to said person or persons, company or companies, corporation or corporations.
Sec. 5. And be it further enacted, That if by the sale in whole or in part of any given portion
of rail way or rail ways, or in any other manner, any person or persons, company or compa-
nies, corporation or corporations, shall become indebted to the State, the interest or property of
such person or persons, company or companies, corporation or corporations in such rail road or
rail ways, shall be considered pledged to the State; and no sale made by such person or persons,
company or companies, corporation or corporations, shall be valid until the debts due and owing
the State from such person or persons, company or companies, corporation or corporations,
shall have been paid. But the State shall hold a lien on the stock or interest, with all the rev-
enues arising therefrom, of such person or persons, company or companies, corporation or cor-
porations, until such debt shall be adjusted and paid.

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[ docketing ]
N^o 182 House

[ docketing ]
An act ^to^ provide for letting the Works of Internal Improvement, to persons or companies, and for other purposes

[ docketing ]
[02]/[25]/[1841]
Laid on table

[ docketing ]
[02]/[24]/[1841]
Engrossed

[ docketing ]
5

[ docketing ]
16

1Cyrus Edwards introduced a draft of HB 196 in the House of Representatives on February 4, 1841. The House tabled the bill and ordered printed 150 copies for use of the House. On February 12, the House took up the bill, committing it to the Committee of the Whole and making it the special order of the day for February 16. On February 19, the House discharged the Committee of the Whole from further consideration. On February 25, the House adopted an amendment to the third section. In February 26, the House struck out the word “three” in the first blank and filled in blank with the words “the Treasurer and Fund Commissioner, or either of them.” The House subsequently filled in the second, third, fourth, fifth, and sixth blanks with the words “three dollars,” “fifty,” “twelve,” “eighteen hundred and sixty,” and “six,” respectively. The House also added an additional section. It rejected another additional section by a vote of 27 yeas to 47 nays, with Abraham Lincoln voting nay. The House passed the bill as amended by a vote of 45 yeas to 33 nays, with Lincoln voting yea. The House informed the Senate of the bill’s passage, but the Senate took no action.
Journal of the House of Representatives, of the Twelfth General Assembly of the State of Illinois, At Their Second Session, Begun and Held in the City of Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 324, 384, 445, 466, 479, 514, 523, 527; Journal of the Senate of the Twelfth General Assembly of the State of Illinois, At Their Second Session, Begun and Held in the City of the Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 420.

2 3 4 5 6 7 8 9 10 2 3 4 5 6 7 8 9 10 11 12	Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That there ^the Treasurer and Fund commissioner or either of them^ shall be constituted a board on the part of the State, whose duty it shall be to exercise a general supervision over all the works of the State which have been commen- ced under the Internal Improvement system, and who shall be, and are hereby, empowered to prosecute, on the part of the State, any person or persons, who shall trespass on any of the said works. And said board shall have power to sell, lease, or contract in relation to all or any part of the different rail ways laid out and commenced by the State, under the restrictions hereinafter provided for; and who shall receive three per day each for the time necessarily, actually, and bona–fide employed in the specific services herein directed, and no more. Sec. 2. And be it further enacted, That on the application of any person or persons, or corpora- tion or corporations, and on giving good and sufficient security that such person or persons, cor- poration or corporations, will pay all costs of surveys, estimates, &c.; that it shall be the duty of the board aforesaid to employ some competent engineer or engineers on the part of the State, who shall proceed to value and appraise any line or part of line of rail way—said appraisement to include all labor done on said railway, together with all the materials on hand for its con- struction—the value of the ground purchased, ceded, or condemned by the State. And if such person or persons, or corporation or corporations, shall pay into the Treasury of the State, the price set on it by the engineer or engineers, as aforesaid, or shall execute bonds with good and sufficient security for the payment of the principle withinfifty years, and the interest, at six per cent. paid semi–annually, to be paid into the State Treasury, then the said board shall sell to said person or persons, corporation or corporations, such line or part of line of rail way.
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13 14 15 16 17 18 19 20 21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2 3 4 5	But no sale to be considered valid until it shall have been approved of by the Governor: Provi- ded, that if the person or persons, corporation or corporations, shall give security in double the value of all materials put into their hands, that such materials or the value thereof shall be ap- plied in the construction of the road, and that said work shall be prosecuted within a reasonable time, the previous security mentioned in this section may be dispensed with; the State holding a lien on the road itself for the value of the work already done by the State: Provided , also, that in case of any contract and ratification thereof, growing out of the valuation and appraisement of any given portion of rail road, as provided in the foregoing part of this section, then and in that case the State shall pay the expense of said valuation. Sec. 3. And be it further enacted, That in case any person or persons, corporation or corpora- tions, shall make application to the board, and given security for costs as aforesaid, it shall be lawful for them to dispose of half of the interest of the State to any given portion of rail road line, not less than twelvemiles in extent, on the following terms, viz: after the works and materials shall be appraised, as provided in the second section of this act, such amount of ap- praisement shall be considered as so much expended on the part of the State: and said person or persons, corporation or corporations, shall proceed to expend judiciously an equal amount, and if said road be not yet completed, then the said State and person or persons, corporation or corporations, company or companies, shall contribute in equal amounts, the sums necessary to finish said work or works; and when finished they shall be considered as joint owners of said work or works: Provided, that nothing herein contained shall be construed so as to oblige the State to complete, or assist to complete, any road or roads if, after the appraisement of the same, it shall appear that the State shall have expended less than one–fourth of its estimated cost: And provided, also, that if it shall appear from the appraisement and subsequent cost of finish- ing the work or works, that the State has paid over her proportion of the expense of construc- tion, then said person or persons, corporation or corporations, company or companies, shall pay over to the State one half of such excess; or on failure to do so, then the State shall be entitled to and draw of the revenues work or works, in proportion to the several amounts expended. Sec. 4. And be it further enacted, That in case of any sale by the State of her interest in all or any part of any rail way, or part of rail way, as provided in the previous sections of this act, it shall be lawful for the State, at any time after the year ^eighteen hundred and sixty^ to repossess herself of all or any part of the rail ways or parts of any rail way or rail ways, on the payment to the proper person or persons, corporation or corporations, company or companies, or any of them,
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6 7 8 9 2 3 4 5 6 7 8 9 10	or theirsuccessors or legal representatives, the principal, with six percent. interest on the sum or sums advanced by him or them, from the time of such advancement to the time of payment: Provided, that the State shall take the whole of any given road, as originally disposed of, in whole or in part, to said person or persons, company or companies, corporation or corporations. Sec. 5. And be it further enacted, That if by the sale in whole or in part of any given portion of rail way or rail ways, or in any other manner, any person or persons, company or compa- nies, corporation or corporations, shall become indebted to the State, the interest or property of such person or persons, company or companies, corporation or corporations in such rail road or rail ways, shall be considered pledged to the State; and no sale made by such person or persons, company or companies, corporation or corporations, shall be valid until the debts due and owing the State from such person or persons, company or companies, corporation or corporations, shall have been paid. But the State shall hold a lien on the stock or interest, with all the rev- enues arising therefrom, of such person or persons, company or companies, corporation or cor- porations, until such debt shall be adjusted and paid.