The state of the State

THE RECORD of Otto Kerner's two terms as chief executive, particularly as seen through the bills he signed into law and in one case a historic veto, strongly indicate he will go down in the history of Illinois as an outstanding governor. It is tragic that his federal trial and conviction of bribery in connection with the purchase of race track stock tends to interpose itself between us and the Kerner years. But let the accomplishments of those years speak for themselves, and let the reader decide if they entitle him to be ranked among the state's best governors.

Otto Kerner served as governor for almost seven and a half years, from January 9, 1961, to May 21, 1968, when he resigned to become a judge on the U.S. circuit court of appeals. He was a Democrat, but he had to deal with a legislature controlled by the Republicans except for the House in the 72nd General Assembly (1961-63) and in the 74th General Assembly (1965-67). In 1961; the Republicans actually had a one vote margin in the House, 89 to 88, but wily Democrat Paul Powell was nevertheless able to get himself elected speaker. In 1965, the entire membership of the House was elected by the state at large instead of by districts, and the Democrats won control, 118-59.

The 1964 at-large election of House members stemmed from a constitutional provision which was intended to force reapportionment of the House following each decennial census. This provision said that if the legislature failed to reapportion by June 30. 1963, the governor should appoint a 10-member Emission, five from each major party, from names submitted to him by the Democratic and Republican state central committees. The commission had until the end of the year to act, and if it failed by then to agree on a reapportionment plan, all members of the House were to be elected at large.

The legislature, controlled by the Republicans, did pass a reapportionment act in 1963, but Gov. Kerner vetoed it on the grounds that it was unfair, especially to growing Lake County. The appointment of the bipartisan commission followed, but the commission failed to agree on a plan by December 31, 1963, and the House was elected at large in 1964. This was the year when President Lyndon B. Johnson carried all but six states in defeating Republican Barry Goldwater, and the Republicans did poorly in Illinois.

Both parties put up "blue ribbon" candidates for that at-large election of all House seats. For the Democrats, Adlai E. Stevenson 111 led as the largest vote-getter, and it was his first venture into elective politics- Later he was elected state treasurer and now is U.S. senator from Illinois. Rep. Marjorie Pebworth, a former president of the League of Women Voters, was elected as a Republican. She sponsored a bill for a commission to study the need for a new constitution. The report of this commission in 1967 led the legislature to place on the ballot in 1968 the question of calling a constitutional convention. The question carried at the polls, and the eventual outcome is the Constitution of 1970. A third outstanding legislator first elected in 1965 was Rep. Harold A. Katz, author of a bill for a Commission on the Organization of the General Assembly (COOGA), which resulted in many improvements in the operation of the legislature. You can say that these changes were inevitable, but they all stemmed from Gov. Kerner's veto of the 1963 reapportionment act, and they were carried out in an environment of forward movement that was characteristic of his administration.

Some of the other highlights of the Kerner administration are as follows:
State government: Created Departments of Mental Health (1961), Public Aid and Children and Family Services (both 1963), and General Services (1967); created Board of Economic Development (1961) which became the Department of Business and Economic Development (1965); created Offices of Commissioner of Banks and Commissioners of Savings and Loans (both 1965).

Education: Created Board of Higher Education (1961) and Junior College Board (1965; now Community College Board); authorized land acquisition for Governors State and Sangamon State Universities (1967); recodified school law (1961); established state aid program for instruction of gifted children (1963).

Codes: Enacted Revised Criminal Code and Uniform Commercial Code (both 1961); enacted Mental Health Code, Pension Code, and Code of Criminal Procedure (all in 1963).

Employment: Adopted Fair Employment Practices Act (1961) and extended it to the state and local governments (1963); increased awards under the Workmen's Compensation Act and Occupational Diseases Act (1961 and 1965).

Local government: Adopted new Municipal Code (1961).

Constitutional amendments: Submitted Judicial Article amendment (1961) which was ratified by the people (1962), and enacted implementing legislation (1963) which modernized the state's court system.

Illinois became the first state to ratify the U. S. constitutional amendment outlawing the poll tax as a condition to voting in elections to federal offices; ratification took place at a 1962 special session called by Gov. Kerner.

Other legislation: Shortened residence time to vote for President (1963); authorized electronic voting devices (1965); inaugurated Illinois' participation in Medicaid (1961) and broadened the program to coordinate it with Medicare (1965); enacted the Condominium Property Act (1963) laying the basis for modern condominium ownership of apartments; submitted to the voters (1967) a $1 billion anti-pollution bond act (but this failed at the 1968 election); created Consumer Fraud Bureau in attorney general's office (1961) and adopted Uniform Deceptive Trade Practices Act (1965)./ W.L.D.ž

July 1976/ Illinois Issues/ 25