Imágenes de páginas


five persons, and having a common difference with their employees, shall, cooperating together, make application for arbitration, or whenever such application shall be made by the employees of two or more employers engaged in the same general line of business, such employees being not less than twenty-five in number, and having a common difference with their employers, or whenever the application shall be made jointly by the employers and employees in such a case, the board shall have the same powers and proceed in the same manner as if the application had been made by one employer, or by the employees of

one employer, or by both. Strike, etc., threatened.

SEC. 13. Whenever it shall come to the knowledge of the State board that a strike or a lockout is seriously threatened in the State, involving an employer and his employees, if he is employing not less than twenty-five persons, it shall be the duty of the State board to put itself in communication as soon as may be, with such employer or employees, and endeavor by mediation to effect an amicable settlement between them, or to endeavor to persuade them to submit the matters in dis

pute to the State board. Duty of may- SEC. 13a (added by act approved April 12, 1899, page 75, Acts of ors, etc.

1899). It shall be the duty of the mayor of every city, and the president of every incorporated town or village, whenever a strike or lockout involving more than twenty-five employees shall be threatened, or has actually occurred within or near such city, incorporated town or village, to immediately communicate the fact to the State board of arbitration, stating the name or names of the employer or employers and of one or more employees, with their post-office addresses, the nature of the controversy or difference existing, the number of employees involved and such other information as may be required by the said board. It shall be the duty of the president or chief executive officer of every labor organization, in case of a strike or lockout, actual or threatened, involving the members of the organization of which he is an officer, to immediately communicate the fact of such strike or lockout to the said board with such information as he may possess touching the differences or controversy, and the number of

employees involved. Investigation Sec. 13b (added by act approved May 11, 1901, page 90, Acts of without applica- 1901). Whenever there shall exist a strike or a lockout, wherein, in

the judgment of a majority of said board, the general publie shall appear likely to suffer injury or inconvenience with respect to food, fuel or light, or the means of communication or transportation, or in any other respect, and neither party to such strike or lockout shall consent to submit the matter or matters in controversy to the State board of arbitration, in conformity with this act, then the said board, after first having made due effort to effect a settlement thereof by conciliatory means, and such effort having failed, may proceed of its own motion to make an investigation of all facts bearing upon such strike or lockout and make public its findings, with such recommendations to the parties involved as in its judgment will contribute to a fair and equitable settlement of the differences which constitute the cause of the strike or lockout; and in the prosecution of such inquiry the board shall have power to issue subpoenas and compel the attendance

and testimony of witnesses as in other cases. Compensation. SEC. 14. The members of the said board shall each receive a salary

of $1,500 a year, and necessary traveling expenses, to be paid out of the treasury of the State, upon bills of particulars approved by the

governor. Service of proc- Sec. 15. Any notice or process issued by the State board of arbitra

tion, shall be served by any sheriff, coroner or constable to whom the same may be directed or in whose hands the same may be placed for service.

CHAPTER 48.— Factories and workshops-Sweat shops. Sewing, etc., SECTION 17. No room or rooms, apartment or apartments in any in living rooms. tenement or dwelling house used for eating or sleeping purposes,

shall be used for the manufacture, in whole or in part, of coats, vests, trousers, knee pants, overalls, cloaks, shirts, ladies' waists, purses, feathers, artificial flowers or cigars, except by the immediate mem




eases, etc.

bers of the family living therein. Every such workshop shall be kept in a cleanly state, and shall be subject to the provisions of this act; and each of said articles made, altered, repaired or finished in any of such workshops shall be subject to inspection and examination, as Inspection. hereinafter provided, for the purpose of ascertaining whether said articles, or any of them, or any part thereof, are in a cleanly condition and free from vermin and any matter of an infectious and contagious nature; and every person so occupying or having control of any workshop as aforesaid shall within fourteen days from the taking effect of this act, or from the time of beginning of work in any workshop as aforesaid, notify the board of health of the location of such workshop, the nature of the work there carried on, and the number of persons therein employed.

Sec. 18. If the board of health of any city or said State inspector Infectious disfinds evidence of infectious or contagious diseases present in any workshop, or in goods manufactured or in process of manufacture therein, and if said board or inspector shall find said shop in an unhealthy condition, or the clothing and materials used therein to be unfit for use, said board or inspector shall issue such order or orders as the public health may require, and the board of health are hereby enjoined to condemn and destroy all such infectious and contagious articles.

Sec. 19. Whenever it shall be reported to said inspector or to the Importation of board of health, or either of them, that coats, vests, trousers, knee- sweat shop manpants, overalls, cloaks, shirts, ladies' waists, purses, feathers, artificial

ufactures. Howers or cigars are being transported to this State, having been previously manufactured in whole or part under unhealthy conditions, said inspector shall examine said goods and the condition of their manufacture, and if upon such examination said goods or any of them are found to contain vermin, or to have been made in improper places or under unhealthy conditions, he shall make report thereof to the board of health, or inspector, which board or inspector shall thereupon make such order or orders as the public health shall require, and the board of health are hereby empowered to condemn or destroy all such articles.

SEC. 25 (as amended by act approved May 15, 1903, page 193, Acts Factory inof 1903). The governor shall, upon the taking effect of this act, spector. appoint a factory inspector at a salary of two thousand dollars ($2,000) per annum, an assistant factory inspector at a salary of one thousand two hundred and fifty dollars ($1,250) per annum and eighteen (18) deputy factory inspectors of whom seven shall be women, at a salary of one thousand dollars ($1,000) per annum. The term of office of the factory inspector shall be for four years, and the assistant factory inspector and the deputy factory inspectors shall hold their office during efficient service and good behavior. Said inspector, assistant inspector and deputy inspectors shall be empowered to visit and inspect at all reasonable hours and as often as practicable, the workshops, factories and manufacturing establishments in this State, where the manufacture of goods is carried on. And the inspector shall report in writing to the governor on the 15th Reports. day [of] December, annually, the result of their inspections and investigations, together with such other information and recommendations as they may deem proper. And said inspectors shall make a special investigation into alleged abuses in any such workshops whenever the governor shall direct, and report the results of the same to the governor. It shall also be the duty of said inspectors to enforce the provisions of this act, and to prosecute all violations of the same before any magistrate or any court of competent jurisdiction in this State, and to perform such other duties as now are or shall hereafter be prescribed by law. And it shall be the duty of the State's attorney of the proper county, upon request of the factory inspector or his deputy, to prosecute any violation of this act. Said inspector shall, by written order filed with the governor, divide the State into fifteen inspection districts, due regard being had to the number of factories and the Districts. annount of work required to be performed in each district. And he shall assign to each district a deputy inspector who shall have charge of the inspections in the district to which he is assigned under the supervision of the inspector and assistant inspector. The inspector


may at any time, when in his discretion the good of the service
requires, change a deputy inspector from one district to another, or
reassign the districts of the State among the several deputy inspectors
under his charge. He may at any time, when the conditions are
changed or in his discretion the good of the service requires, by a like
order filed with the governor, redivide the State in inspection districts,
changing the territory embraced within the several districts as to him
may seem advisable.

CHAPTER 48.-Bureau of labor statistics.

SECTION 28. It shall be the duty of the governor with the advice and of board.

consent of the senate, to appoint a board of commissioners of labor, to consist of five members, who shall hold office for two years, three of whom shall be manual laborers, the remaining members of the commission shall be manufacturers or employers of labor in some productive industry, and they shall meet annually * * at the State capital, when they shall organize by electing a president from them. selves and appointing a secretary who shall hold office for a term of two years or until his successor is appointed; the said secretary to have no voice in the deliberations of said board nor to be selected from

the said commissioners. Duties.

Sec. 29. The duties of such board shall be to collect, assort, systematize and present in [a] biennial report to the general assembly, statistical details relating to all departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary conditions of the laboring classes, and to the permanent prosperity of the mechanical [,] manufacturing and productive industry

of the State. Compensation. Sec. 30 (as amended by act approved May 15, 1903, page 186, Acts of

1903.) The compensation of said commissioners shall be five dollars per day, for thirty (30) days of each annual session, and the compensation of said secretary shall be twenty-five hundred dollars ($2,500) per annum. * * The auditor is further directed and authorized to draw his warrant for the actual traveling, incidental and office expenses of said commissioners and their secretary on their vouchers sworn to by them, and approved by the president of the board, and the governor.

CHAPTER 52.-Judgments for wages. Value of sery- SECTION 19. In all actions brought to recover wages due any laborer ices of horse or

or servant, when it shall appear to the satisfaction of the court or jury team included, when.

that it was necessary in the performance of said labor that the laborer or servant use his horse or team, then said services shall be included in said wages and become a part of the judgment for said wages and from such judgment nothing shall be exempt.

CHAPTER 52.--Exemption of wages-- Unlawful assignments of claims. Sending claim

SECTION 20. Whoever, whether principal, agent or attorney, with intent thereby to deprive any bona fide resident of the State of Illinois of his or her rights, under the statutes of Illinois on the subject of the exemption of property from levy and sale on execution, or in attachment or garnishment, sends or causes to be sent out of the State of Illinois any claim for debt to be collected by proceedings in attachment, garnishment, or other mesne process, when the creditor, debtor or person, or corporation owing for the earnings intended to be reached by such proceedings in attachment are each and all within the juris

diction of the courts of the State of Illinois, shall, upon conviction Penalty. thereof, be fined for each and every claim so sent in any cum not less

than ten dollars nor more than fifty dollars. Assigning Sec. 21. Whoever, either directly or indirectly, assigns or transfers tion outside of any claim for debt against a citizen of Illinois, for the purpose of hav

ing the same collected by proceedings in attachment, garnishment, or other process, out of the wages or personal earnings of the debtor, in courts outside of the State of Illinois, when the creditor, debtor, person or corporation owing the money intended to be reached by the proceedings in attachment are each and all within the jurisdiction of

out of State.




the courts of the State of Illinois, shall, upon conviction thereof, be Penalty.
fined in any sum not less than ten dollars nor more than fifty dollars
for each offense.

SEC. 22. And, whenever in any proceedings in any court of this Rights of nonState to subject the wages due to any person to garnishment, it shall resident. appear that such person is a nonresident of the State of Illinois; that the wages earned by him were earned and payable outside of the State of Illinois, the said person, whose wages are so sought to be subjected to garnishment, shall be allowed the same exemption as is at the time allowed to him by the law of the State in which he so resides.

CHAPTER 62.—Exemption of wages from garnishment.
SECTION 14 (as amended by act approved May 11, 1901, page 214,

Fifteen dollars Acts of 1901). The wages for services of a wage-earner who is the head per


empt, when. of a family and residing with the same to the amount of fifteen (15) dollars per week shall be exempt from garnishment. All above the sum of fifteen (15) dollars per week shall be liable to garnishment.

Every employer shall pay to such wage-earner such exempt wages not to exceed the sum of fifteen (15) dollars per week of each week's wages earned by him, when due, upon such wage-earner making and delivering to his employer his affidavit that he is such head of a family and residing with the same, notwithstanding the service of any writ of garnishment upon such employer, and the surplus only above such exempt wages shall be held by such employer to abide the event of the garnishment suit. If the amount of wages subject to garnishment shall not equal the costs of the garnishment, whatever remains of costs shall be paid by the person bringing the garnishment proceedings, and judgment shall be entered therefor against him, and no judgment for any such deficiency of costs shall go against the wageearner or the defendant. No employer so served with garnishment shall in any case be liable to answer for any amount not earned by the wage-earner at the time of the service of the writ of garnishment. Before bringing suit a demand in writing shall first be made upon the wage-earner and the employer for the excess above the amount herein exempted, and a copy of such demand shall be left with him and with the employer, having endorsed thereon the time of service, at least twenty-four hours previous to bringing such suit. Such notice shall be filed with the justice, or clerk of the court, with the manner and time of the service of the same endorsed thereon, and the return duly sworn to before some officer authorized to administer oaths, before it shall be lawful to issue a summons in such case, or to require an employer to answer in any garnishee proceedings. Any judgment rendered without said demand being served upon the wage-earner, and so proven and filed as aforesaid, shall be void. The excess of wages shall be held by the employer, subject to garnishment by the creditor serving demand, for five (5) days after such service of demand.

CHAPTER 68.- Earnings of married women. Section 7. A married woman may receive, use and possess her own Earnings sepaearnings, and sue for the same in her own name, free from the inter- rate property. ference of her husband or his creditors.

CHAPTER 70.— Right of adion for injuries causing death. SECTION 1. Whenever the death of a person shall be caused by wrong- Death caused ful act, neglect or default, and the act, neglect or default is such as by negligence, would, if death had not ensued, have entitled the party injured to etc. maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.

SEC. 2 (as amended by act approved May 13, 1903, page 217, Acts of Who may sue. 1903). Every such action shall be brought by, and in the names of the


personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; and in every such action, the jury may give such damages as they shall deem a fair and just compensation with reference

a to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person not exceeding the sum of ten thousand dollars: Provided, That every such action shall be commenced within one year after the death of such person: Provided further, That no action shall be brought or prosecuted in this State, to recover damages for a death occurring outside of this State, and that the increase from five thousand to ten thousand dollars in the amount hereby authorized to be recovered, shall apply only, in cases when death hereafter occurs.

The words "widow and next of kin" do not have the effect of confining the remedy to cases of death of married men. Where deceased leaves no widow, the action is for the exclusive benefit of the next of kin. 18 III. 349.

Whenever there are next of kin, no matter how many degrees removed, action will be for the recovery of at least nominal damages. 43 m2, 338.

By a broad construction of this statute, a husband is given a right of recovery for the death of his wife. 150 I11. 328.

The person injured must be found in the exercise of ordinary care for his own safety and the injury must result from the negligence of the defendant. 150 111. 546.

The negligence must be the cause of the death and not merely contributory. 39
Ill. App. 53.

Where employee has the best opportunity of knowing the unsafe condition of machinery, and gave no notice to his employer, he assumes the risk. 39 Ill. App. 612.

If a workman, by command of a superior, suspends his regular work to add his strength to that of others to meet a present exigency, and is killed by the breaking of the appliance used, he is not negligent. 41 IIl. App. 253.

If the injured person's negligence was slight compared with defendant's, the plaintiff may recover. 58 I11. 272.

Damages are limited to pecuniary losses. No recovery is allowed for bereavement, loss of society, grief, or wounded feelings. 18 II. 349.

Nor for expense of medical attendance, nursing, pain or suffering of deceased, nor loss of earnings while sick. 49 Ill. App. 105.

The measure of damages is the value of the addition which the deceased would, in reasonable probability, have made to his estate, if his death had not been wrongfully caused. 56 Ill. App. 100.

Whether widow or next of kin have or have not pecuniary resources is immaterial. 44 Ill. App. 27.

CHAPTER 70.Guards on threshing machines, etc. Tumbling rods, SECTION 3. All persons in this State who are or may hereafter own etc., to be boxed.

or run any threshing machine, corn sheller, or any other machine which is connected to a horse power by means of tumbling rods or line of shafting, shall cause each and every length or section of such tumbling rod (except the one next the horse power), together with the knuckles or joints and jacks thereof, to be safely boxed or secured

while running Liability for SEC. 4. Any person owning or running any machine, as mentioned injuries, etc. in section 1 (sec. 3] of this act, without coniplying with the require

ments of the aforesaid section, shall be held liable to the person damaged for any damage which may be sustained by such person by reason of such neglect, and no action shall be maintained nor shall any legal liability exist for services rendered by or with any such machine, when it shall be made to appear that the first section (sec. 3] of this act has not been complied with.

A plaintiff suing under this statute must show due care on his part to same degree as in actions for injuries resulting from negligence. 10 11. App. 271.


CHAPTER 72.- Wages preferred-In assignments. Wages to be SECTION 42. * Provided, however, That all claims for the paid first.

wages of any laborer or servant, which have been earned within the term of three months next preceding the making of such assignment [for the benefit of creditors), and which have been filed within said term of three months after such assignment, and to which no exception has been made, or to which exceptions have been made and the same have been adjudicated and settled by the court, shall, after the

« AnteriorContinuar »