SEC. 157. No by-law shall be adopted, amended or repealed except, By-laws, votby an affirmative vote of a majority of all the shareholders entitled to ing, etc. vote. Such vote shall be taken by a call of the roll of shareholders by the secretary of the meeting noting the responses, whether aye or no, opposite their respective names, and which vote shall be spread upon the records of the proceedings. Votes upon other questions may be viva voce, showing of hands or a division of the house, unless three shareholders, by themselves or proxy, shall call for the ayes and noes, when, in such case, the roll shall be called and the aye and no vote taken. If, in calling the roll upon any question, less than a quorum votes, the pending question shall still remain as undecided until a quorum shall vote upon the question. Any proposition to amend, repeal or enact any by-law must set forth the by-law as amended, or the one repealed or the new one proposed, and be read at large in open meeting, and its consideration postponed until the next meeting, unless a majority of all the shareholders of the association shall, on an aye and no vote, be in favor of considering the question at once.

Forfeiture of

SEC. 158. If any association, or its authorized agents, shall do or refrain from doing any act which shall subject it to a forfeiture of its charter for cause. charter or corporate powers, or shall allow any execution or decree of any court of record for a payment of money after demand made by the officer, to be returned "no property found," or to remain unsatisfied thirty days after such demand, or shall dissolve or cease doing business, leaving debts unpaid, suits in equity may be brought against all persons who were shareholders at the time, and liable in any way for the debts of the association, by joining the corporation in such suit; and after the assets of the corporation shall have been exhausted, each shareholder may be required to pay his pro rata share of such debts to the amount of his unpaid stock, or to any extent to which he may by law have become individually liable.

insolvent asso

SEC. 159. Courts of equity shall have full power, on good cause Dissolution of shown, to dissolve or close up, or take charge of the business of any ciations. association for the benefit of the creditors, to appoint a receiver therefor, who shall have authority, by the name of the receiver of such association (giving the name), to sue in all courts, and do all things necessary to close up its affairs, or to make the money charged against it and restore it back to the shareholders of the association, as may be commanded by the decree of court. Said receiver shall be a citizen of the State of Illinois, and shall enter into bonds payable to the people of the State of Illinois for the use of all parties interested, in such penalty and with such sureties as the court may, in the decree or order appointing the same, require.

CHAPTER 38.-Boycotting and blacklisting.

* *

*

cott, etc.

SECTION 96. If any two or more persons conspire or agree together, Conspiracy to or the officers or executive committee of any society or organization establish boyor corporation shall issue or utter any circular or edict as the action of or instruction to its members, or any other persons, societies, organizations or corporations for the purpose of establishing a so-called boycott or black list, or shall post or distribute any written or printed notice in any places, with the fraudulent or malicious intent wrongfully and wickedly to injure the person, character, business or employment, or property of another, or to do any illegal act injurious to the public trade, health, morals, police, or administration of public justice, or to prevent competition in the letting of any contract by the State or the authorities of any counties, city, town or village, or to induce any person not to enter into such competition, * they shall be deemed guilty of a conspiracy; and every such offender, Penalty. whether as individuals or as the officers of any society or organization, and every person convicted of conspiracy at common law, shall be imprisoned in the penitentiary not exceeding five years, or fined not exceeding $2,000, or both.

*

A circular by a business association directing members not to do business with A for an alleged default toward another member held not actionable. 54 Ill. App. 233. To call out members of a trade union in order to procure the discharge of nonunion employees is not in itself a wrongful and wicked act for which prosecution can be had under this statute. 30 C. L. N. 212.

Acrobatic,

occupations.

CHAPTER 38.-Employment of children-Certain employments forbidden. SECTION 131. It shall be unlawful for any person having the care, mendicant, etc., custody or control of any child under the age of fourteen years, to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dispose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for, or in any business, exhibition or vocation injurious to the health, or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing in this section contained shall apply to, or effect [affect] the employment or use of any such child as a singer or musician in any church, school or academy, or in the teaching or learning the science or practice of music.

Exception.

Unlawful to employ.

Persons bining.

com

Individuals making threats.

Entering prem

SECTION 132. It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit or have in custody any child under the age and for the purposes prohibited in section 42a [131] hereof.

CHAPTER 38.-Intimidation of employers and employees.

SECTION 294. If any two or more persons shall combine for the purpose of depriving the owner or possessor of property of its lawful use and management, or of preventing, by threats, suggestions of danger, or any unlawful means, any person from being employed by or obtaining employment from any such owner or possessor of property, on such terms as the parties concerned may agree upon, such persons so offending shall be fined not exceeding $500, or confined in the county jail not exceeding six months.

SEC. 295. If any person shall, by threat, intimidation or unlawful interference, seek to prevent any other person from working or from obtaining work at any lawful business, on any terms that he may see fit, such person so offending shall be fined not exceeding $200. SEC. 296. Whoever enters a coal bank, mine, shaft, manufactory, ises to do injury. building or premises of another, with intent to commit any injury thereto, or by means of threats, intimidation, or riotous or other unlawful doings, to cause any person employed therein to leave his employment, shall be fined not exceeding $500, or confined in the county jail not exceeding six months, or both.

etc.

CHAPTER 38.-Offenses of railroad employees, etc.

Negligently in- SECTION 335. Any engineer or person having charge of and running juring or fright- any railroad engine or locomotive, who shall willfully or unnecessarily ening horses, kill, wound or disfigure any horse, cow, mule, hog, or other useful animal, shall, upon conviction, be fined in a sum not less than the value of the property so killed, wounded or disfigured, and confined in the county jail for a period of not less than ten days; and any such engineer who shall wantonly or unnecessarily blow the engine whistle so as to frighten any team shall be liable to a fine of not less than $10 nor more than $50.

Negligently in

SEC. 337. If any baggage master, express agent, stage driver, hackjuring baggage. man or any other person, whose duty it is to handle, remove or take care of trunks, valises, boxes, packages or parcels, while loading, transporting, unloading, delivering or storing the same, whether or not in the employ of a railroad, steamboat or stage company, shall wantonly or recklessly injure or destroy the same, he shall be fined not exceeding $200.

Sunday labor forbidden.

CHAPTER 38.-Sunday labor.

SECTION 428. Whoever disturbs the peace and good order of society by labor (works of necessity and charity excepted), * * * shall be fined not exceeding $25. This section shall not be construed to prevent watermen and railroad companies from landing their passen

gers, or watermen from loading or unloading their cargoes, or ferrymen from carrying over the water travelers and persons moving their families, on the first day of the week, nor to prevent the due exercise of the rights of conscience by whomever thinks proper to keep any other day as a Sabbath.

to be closed.

SEC. 430. It shall be unlawful for any person or persons to keep Barber open any barber shop or carry on the business of shaving, hair cutting or tonsorial work on Sunday within this State.

SEC. 431. Any person by himself, agent or employee violating the Penalty. provisions of section 1 of this act shall, upon conviction thereof, be fined in any sum not exceeding two hundred (200) dollars for each and every offense.

shops

Trespass on

mines, etc.

CHAPTER 38.-Trespass on mines, factory premises, etc. SECTION 439. Whoever, without authority of law and not being the owner or agent of adjoining lands, enters the coal bank, mine, shaft, manufactory, or place where workmen are employed, of another, without the expressed or implied consent of the owner or manager thereof, after notice that such entry is forbidden, shall be fined not exceeding Penalty. $200, or confined in the county jail not exceeding six months, in the discretion of the court.

CHAPTER 46.-Time to vote to be allowed employees.

SECTION 189. Any person entitled to vote at a general election in Two hours to this State shall, on the day of such election, be entitled to absent him- be allowed. self from any services or employment in which he is then engaged or employed for a peried of two hours between the time of opening and closing the polls; and such voter shall not because of so absenting himself be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages: Provided, Proviso. however, That application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the provisions of this section, shall be deemed guilty of a misdemeanor and be fined in any sum not less than Penalty. five dollars ($5) nor more than one hundred dollars ($100).

SECTION 1.

*

CHAPTER 48.-Hours of labor.

* eight hours of labor between the rising and Eight hours a the setting of the sun, in all mechanical trades, arts and employments, day's work. and other cases of labor and service by the day, except in farm employments, shall constitute and be a legal day's work, where there is

no special contract or agreement to the contrary.

SEC. 2. This act shall not apply to or in any way affect labor or Application. service by the year, month or week; nor shall any person be prevented by anything herein contained from working as many hours over time or extra hours as he or she may agree, and shall not, in any sense, be held to apply to farm labor.

CHAPTER 48.-Sex no disqualification for employment.

SECTION 4. No person shall be precluded or debarred from any occupation, profession or employment (except military) on account of sex: Provided, That this act shall not be construed to affect the eligibility of any person to an elective office.

Sex not a bar.

SEC. 5. Nothing in this act shall be construed as requiring any female Act construed. to work on streets or roads, or serve on juries.

CHAPTER 48.-Suits for wages-Attorneys' fees.

SECTION 7. Whenever a mechanic, artisan [,] miner, laborer or ser- Attorney's fee vant or employee shall have cause to bring suit for his or her wages to be allowed, earned and due, and owing according to the terms of the employment,

when.

Limit.

Appointment of board.

and he or she shall establish by the decision of the court or jury that the amount for which he or she has brought suit is justly due and owing and that a demand has been made, in writing, at least three days before suit is brought, for a sum not exceeding the amount so found due and owing, then it shall be the duty of the court before which the case shall be tried, to allow to the plaintiff, when the foregoing facts appear, a reasonable attorney fee in addition to the amount found due and owing for wages, and in justice court such attorney's fee shall not be less than $5, and in the county or circuit court, not less than $10, to be taxed as costs of suit.

This act is constitutional. 42 N. E. Rep. 386.

Attorneys' fees can not be collected if the amount recovered is less than the amount named in the demand. 49 Ill. App. 36.

This statute does not apply to an action brought by an employee for damages for being discharged, but only when the amount sued for is found to be wages due. 57 Ill. App. 606.

CHAPTER 48.-State board of arbitration.

SECTION 8 (as amended by act approved May 15, 1903, page 84, Acts of 1903). The governor, by and with the advice and consent of the senate, shall appoint three persons, not more than two of whom shall belong to the same political party, who shall be styled a State "Board of Arbitration," to serve as a State board of arbitration and conciliation; one and only one of whom shall be an employer of labor, and only one of whom shall be an employee and shall be selected from some labor organization. They shall hold office until March 1, 1897, or until their successors are appointed, but said board shall have no power to act as such until they and each of them are confirmed by the senate. On the first day of March, 1897, the governor, with the advice and consent of the senate, shall appoint three persons as members of said board in the same manner above provided, one to serve for one year, one for two years and one for three years, or until their respective successors are appointed, and on the first day of March in each year thereafter the governor shall in the same manner appoint one member of said board to succeed the member whose term expires, and to serve for the term of three years or until his successor is appointed. If a vacancy occurs at any time, the governor shall in the same manner appoint some one to serve out the unexpired term. Each member of said board shall, before entering upon the duties of his office, be sworn to a faithful discharge thereof. The board shall Organization. at once organize by the choice of one of their number as chairman,

Duties.

Decision.

Application.

and they shall, as soon as possible after such organization, establish suitable rules of procedure. The board shall have power to select and remove a secretary, who shall be a stenographer, and whose salary shall be $2,500 per annum, payable out of the State treasury, upon the warrant of the auditor of public accounts, from any money not otherwise appropriated; said secretary to receive also his necessary traveling and other expenses, to be paid from the State treasury on bills of particulars to be approved by the chairman of the board and the governor. SEC. 9. When any controversy or difference not involving questions which may be the subject of an action at law or bill in equity, exists between an employer, whether an individual, copartnership or corporation, employing not less than twenty-five persons, and his employees in this State, the board shall, upon application as herein provided, as soon as practicable thereafter, visit the locality of the dispute and make a careful inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything, ought to be done or submitted to by both to adjust said dispute, and make a written decision thereof. This decision shall at once be made public, shall be recorded upon proper books of record to be kept by the secretary of said board, and a short statement thereof published in the annual report hereinafter provided for, and the board shall cause a copy thereof to be filed with the clerk of the city, town or village where said business is carried on.

SEC. 10 (as amended by act approved April 12, 1899, page 75, Acts of 1899). Said application shall be signed by said employer or by a majority of his employees in the department of the business in which

the controversy or difference exists, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work without any lockout or strike until the decision of said board, if it shall be made within three weeks of the date of filing said application. As soon as may be after the receipt of said application the secretary of said board shall cause public notice to be given of the time and place of the hearing thereon; but public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made notice shall be given to the parties interested in such manner as the board may order, and the board may, at any stage of the proceedings, cause public notice to be given, notwithstanding such request. The board in all cases shall have power to summon as witnesses any operative or expert in the department of business affected, and any person who keeps the records of wages earned in those departments, or any other person, and to examine them under oath, and to require the production of books containing the records of wages paid and such other books and papers as may be deemed necessary to a full and fair investigation of the matter in controversy. The board shall have power to issue subpoenas, and oaths may be administered by the chairman of the board. If any person having been served with a subpoena or other process issued by such board, shall willfully fail or refuse to obey the same, or to answer such questions as may be propounded touching the subject-matter of the inquiry or investigation, it shall be the duty of the circuit court or the county court of the county in which the hearing is being conducted, or of the judge thereof, if in vacation, upon application by such board, duly attested by the chairman and secretary thereof, to issue an attachment for such witness and compel him to appear before such board and give his testimony or to produce such books and papers as may be lawfully required by said board; and the said court, or the judge thereof, shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such

court.

Witnesses.

Decisions to be

SEC. 11. Upon the receipt of such application, and after such notice, the board shall proceed as before provided, and render a written deci- in writing. sion, which shall be open to public inspection, shall be recorded upon the records of the board and published at the discretion of the same in an annual report to be made to the governor before the first day of March of each year.

SEC. 12. Said decision shall be binding upon the parties who join in Force of decisaid application for six months or until either party has given the sion. other notice in writing of his or their intention not to be bound by the same at the expiration of sixty days therefrom. Said notice may be given to said employees by posting in three conspicuous places in the shop or factory where they work.

SEC. 12a (added by act approved April 12, 1899, page 75, Acts of Enforcemer.t 1899). In the event of a failure to abide by the decision of said of award. board in any case in which both employer and employees shall have joined in the application, any person or persons aggrieved thereby may file with the clerk of the circuit court or the county court of the county in which the offending party resides, or in the case of an employer in the county in which the place of employment is located, a duly authenticated copy of such decision, accompanied by a verified petition reciting the fact that such decision has not been complied with and stating by whom and in what respects it has been disregar led. Thereupon the circuit court or the county court (as the case may be) or the judge thereof, if in vacation, shall grant a rule against the party or parties so charged to show cause within ten days why such decision has not been complied with, which shall be served by the sheriff as other process. Upon return made to the rule, the court, or the judge thereof, if in vacation, shall hear and determine the questions presented, and to secure a compliance with such decision, may punish the offending party or parties for contempt, but such punishment shall in no case extend to imprisonment.

SEC. 12b (added by act approved April 12, 1899, page 75, Acts of 1899). Whenever two or more employers engaged in the same general line of business, employing in the aggregate not less than twenty

Joint application.