unless it was shown that the witness could not "testify intelligently in the English language."5 And perhaps expanding the constitutional provision to meet the exigencies of the case, the state Supreme Court in 1912 held that the record of a trial court, written in abbreviations of English words that would not be intelligible to most people, did not satisfy the Constitutional requirement. In summary, the constitutional provision was held to prohibit publication of any legally required notices other than in the English language, and to prohibit use of other than the English language in the permanent documents of a court. This judicial construction seems reasonable, since the constitutional provision specifically applied to "official writings" and "executive, legislative and judicial proceedings" of the state. Statute It Partially contemporaneous with the constitutional provision was a somewhat curious statute enacted in 1923, of which we enclose a copy. Judging from its preamble, it was motivated by a combination of anti-Europe sentiment and native American pride. declared that "[t]he official language of the State of Illinois shall be known hereafter as the 'American' language."7 A 1928 Illinois Appellate Court decision stated that the American language "in legal effect and intendment is the same thing" as the English 8 language, and an amendment in 1969 changed the statute to say that "[t]he official language of the State of Illinois is English." "9 The only significant decision under the statute was by the United States Court of Appeals for the Seventh Circuit in 1973. A Puerto Ricans' organization had sued the Chicago election commissioners to require that assistance and printed materials be provided in Spanish to voters from Puerto Rico. The Court of Appeals stated that the Illinois English-language statute "has never been used to prevent publication of official materials in other languages."10 The court noted that under the policy of the national government Puerto Ricans are United States citizens and may travel freely to the mainland, and upheld the issuance of a consent order requiring Spanish-language assistance in certain precincts.11 The ground for the decision was primarily the Voting Rights Act of 1965 as amended in 1970. The Court of Appeals' comment about the effects of the statute appears to be well taken. That statute's mere statement that the official state language is English has not prevented publication of a number of official writings in another language. We are informed that the Secretary of State will soon publish editions of the "Rules of the Road" booklet for drivers in Spanish and Polish, for example, and a statute permits the Secretary of State to give drivers' examinations in Spanish or another language, excepting only examination as to 12 traffic signs that have verbal content. Other statutes provide for giving licensing examinations for two occupations in Spanish, bilingual education in public schools, 14 and providing government service to members of the public using languages other than English.15 13 Summary and Comments However, It appears that the constitutional provision, with its emphatic requirement that government documents be in "no other than the English language, had much greater effect than the statute, which merely declares that English is the official language of the state. neither prevented accommodations to individuals who did not know English well, such as providing translators in court proceedings. Indeed, it appears that the major effect even of the constitutional provision was psychological or hortatory rather than forceful; residents who did not read and speak English probably would have found it difficult to take advantage of public notices and act on published ordinances even if printed in their own language. However, the constitutional provision and statute may have had some tendency to persuade Americans from various nations to learn English, an assimilation that undoubtedly has contributed greatly to the stability and strength of this country. 1. 2. 3. 4. 5. 6. Ill. Const. 1848, Schedule $ 18; Ill. Const. 1870, Schedule S 18. Apart from introductory wording the two provisions were identical. City of Chicago v. McCoy, 136 I11. 344, 26 N.E. 363 (1891). Perkins v. Board of County Commrs. of Cook County, 271 Ill. 449, 111 N.E. 580 (1916). Loehde v. Glos, 265 Ill. 401, 106 N.E. 940 (1914); Ward Pump Co. v. Industrial Commn., 302 Ill. 199, 134 N.E. 127 (1922). Hackart v. Decatur Coal Co., 243 Ill. 49, 90 N.E. Stein v. Meyers, 253 Ill. 199, 97 N.E. 295 (1912). Leideck v. City of Chicago, 248 Ill. App. 545 at Public Act 76-1464 (1969). 7. 8. 558 (1928). 9. 10. 11. 12. 13. 14. 15. Puerto Rican Organization for Political Action v. Ibid. at 578-580. Ill. Rev. Stat. 1983, ch. 95 1/2, subsec. 6-109(b). Ill. Rev. Stat. 1983, ch. 111, secs. 1609 (barbers) and 1806 (beauty culturists). Ill. Rev. Stat. 1983, ch. 122, secs. 14C-1 et seq. Ill. Rev. Stat. 1983, ch. 127, sec. 63b109, subsec. (6). Copy to Secretary of State Jim Edgar (SENATE BILL No. 15. APPROVED JUNE 19, 1923.) AN ACT establishing the American language as the official language of the State of Illinois. WHEREAS, since the creation of our American Republic there have been certain Tory elements in our country who have never become reconciled to our Republican institutions and have every clung to the tradition of king and empire; and, WHEREAS, America has been a haven of liberty and place of opportunity for the common people of all nations, and, WHEREAS, these strangers within our gates who seek economic betterment, political freedom, larger opportunities for their children, and citizenship for themselves, come to think of our institutions as American and our language as the American language, and, WHEREAS, the name of the language of a country has a powerful psychological influence upon the minds of the people in stimulating and preserving national solidarity, and, WHEREAS, the languages of other countries bear the name of the countries where they are spoken, therefore; SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: The official language of the State of Illinois shall be known hereafter as the "American" language. APPROVED June 19, 1923. Public Law 1 [Senate Bill 243] of the 1984 Second Regular Session of the Indiana General Assembly added Indiana Code Section 1-2-10-1 to the Indiana Code, effective September 1, 1984. It reads: "The English language is adopted as the official language of the state of Indiana.' Co The author of Senate Bill 243 [IC 1-2-10-1] was Senator Joseph V. Corcoran. Senator Ralph J. Potesta was added as an author. Senators David L. Nicholson and William Costas were added as authors. The Bill was passed in the Senate, without amendment, by thirty-six (36) yeas and thirteen (13) nays. It was sponsored in the House by Representatives Philip T. Warner and Donald W. Dean and cosponsored by Representative Dennis H. Heeke. The Bill was then passed by the House, without amendment, by sixty-five (65) yeas and thirty (30) nays. General biographical information concerning these Senators and Representatives, including addresses, is attached. Indiana Code Section 1-2-10-1 has not been in effect a sufficient length of time to determine its impact. Although Indiana has many residents speaking one or more foreign languages, по single foreign language speaking group is as predominant as the Spanish speaking residents of some of the states. Schools in Indiana are required by Indiana Code Sections 20-10.1-5.5-1 through 20-10.1-5.5-9 to provide bilingual-bicultural instruction for non-English dominant students, designed to meet the student's language skill needs as soon as possible. A copy of these Code Sections is attached. In addition, adult education programs located primarily in the urban areas offer classes in English. 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