vacancy has occurred. The persons so appointed shall organize as a Board, by electing one of their number President, and another Secretary, and another Treasurer of the Board. Assistants may be appointed from persons who are not members of the Board. The members shall take the oath of office required by the constitution of this State, and the same shall be filed in the office of the Secretary of State. Three members shall constitute a quorum. Said Board shall adopt all such by-laws, rules and regulations as may seem expedient for the proper discharge of their duties, and the convenient transaction of the business that may come before them, and may alter or rescind the same at pleasure. Said Board shall belong to the executive department of the government of this State, and as such shall be subject to the supreme executive authority which is vested in the Governor, who by virtue thereof may make any rules or orders that he may deem proper in relation to the proceedings of said Board. It shall be the duty of the Attorney-General, and of the several State's attorneys, to give to said Board, or to any member or members thereof, an official opinion upon any question or questions relating to the rights, powers, duties or liabilities of the Board, or of any person or persons with whom they may have occasion to deal, on which question such opinion shall have been requested in writing.

SECTION 2. On and after the date on which this act shall take effect, all contracts for the employment of personal service and labor within this State, shall, as a matter of law, be subject to the provisions of this act, and to the rights, powers, duties and jurisdiction hereby vested in said Board. And said Board shall have full power, jurisdiction and authority to inquire into the relations of the employer and the employed, in any business or occupation carried on within this State; and to that end, the members of said Board, or any or either of them, or any person or persons duly appointed and commissioned by said Board, shall have the right under the police power of this State, to enter the premises and buildings upon or in which such business or occupation shall be carried on, and inspect the same, and freely communicate with all and any persons employed therein; and to examine all and any contracts, agreements, rules, pay-rolls and accounts that may relate to the relations of the employers and the employed. And in case any fraud, extortion or oppression shall appear in any such relations, whether on the part of the employers, or on the part of the employed, the same shall be reported to said Board, in writing, and thereupon said Board shall summon the offending person or persons, or some committee, officer or agent representing them, to appear before the Board at some early day, to be specified in the summons, and show cause, if any they have, why said Board shall not deal in a summary way with such fraud, extortion, and oppression, and make ali such rules, regulations and orders as will effectually prevent a continuance of the same. And upon the hearing of the complaint, which shall be briefly stated in such summons, said Board shall decide the same as they shall deem just, and shall make all such rules, regulations and orders as may seem to be required by the nature of the case. And thereupon all persons concerned, shall abide by and obey the same, until relieved therefrom by an executive order of the Governor, or by a judicial order or decree of a court of equity in a case that may be brought to determine the validity of any such rule. regulation, order or proceeding, of said Board or Governor. And in all such cases, the rule of quantum meruit, that the services rendered shall have such compensation as under all the circumstances shall be deemed just and reasonable, shall be applied, any special contract thereabouts to the contrary notwithstanding. Subject to such executive order, and to such judicial order or decree, said Board shall have power, upon any such hearing, to fix or regulate the hours of labor and the rate of wages or compensation, as in their judgment justice may require; and they may exercise, in that behalf, as ample authority as is exercised by the Railroad and Warehouse Commissioners of this State, in respect of warehouses and railroads. and the compensation for the service thereof respectively. All such limitations or regulations of wages or labor, shall be in force for the space of three months next after the date thereof, unless otherwise limited by the terms thereof, but the same may, at any time be changed or rescinded by said Board, or by the order of the Governor or the court. Any case arising under this act, shall have priority over all other civil business, in the court in which it shall be brought, and in the Appellate and Supreme Courts, in case of removal thereto; and shall be heard and determined in a speedy and summary way, any rule of practice or proceeding to the contrary notwithstanding. Any question

of the rightful power of said Board, either under this act, or under the constitution of this State, or of the United States, may be submitted in the first instance to the Supreme Court of this State, in and by a petition for an order or writ of mandamus, commanding said Board and the members thereof, to do any act within their proper authority, or to keep within the limits of their jurisdiction, under the constitution and laws, in any particular matter or thing involved in any act or proceeding of said Board. In case of any pressing emergency, said Board may make and enforce such temporary rule, regulation or order, as justice may require, between the time of the inspection or the complaint, and the time when such complaint sha 1 be heard as aforesaid.

SECTION 3. Said Board shall, from time to time, hold public sessions in different parts of the State, to hear and act upon any complaints that may be made to them in writing, touching any matter within their jurisdiction. Any one of said Commissioners shall have power to administer oaths and affirmations; and said Board may require the attendance and testimony of witnesses, in any matter that may be pending before them. The several courts of justice in this State shall, upon the application of said Board, enforce the attendance and testimony of witnesses, as in other cases. Any forcible resistance of any lawful proceeding, rule, regulation or order of said Board, without an order of the Governor, or of a court of record, authorizing the same, shall constitute a misdemeanor, punishable on indictment and conviction, by a fine not exceeding five thousand dollars, or imprisonment in the county jail not exe eding one year, or both, at the discretion of the court, according o the enormity of the offense. Said Board shall, during the month of December in each year, make to the Governor of this State, a report in writing of their doings under this act, with such recommendations as they may deem expedient; and the Governor shall transmit all such reports to the General Assembly. Each of said Commissioners shall receive an annual salary of thousand dollars, which shall be paid to him at the same times and in the like installments as the salary of the Governor is paid. And the sum of thousand dollars annually, shall be paid by the State Treasurer, at the same times, and in the like installments, to the Treasurer of said Board, and said sum, or so much thereof as said Board shall deem necessary, shall be expended by them, or under their direction, for the proper expenses of fully executing this act, including travel and hotel bills; stationery and printing; clerks and assistants, and the like. And the annual report of said Board shall include, in an appendix, a detailed account of all such expenses. The general office of said Board shall be kept in the city of Springfield, in such room or place as may be assigned to them by the Governor, or may be selected and provided by said Board, with his approval,

POINTS IN SUPPORT OF THE FOREGOING BILL.

1. The principle of usury laws is broad enough to cover the proposed legislation. 2. Our system of government has the right, by universal consent, to regulate even the most sacred relations of society, such as those of husband and wife, parent and child, and guardian and ward. Much more must it have the right to deal with and regulate the relations of employer and employed

3. The right and the duty of THE WHOLE PEOPLE to protect the weak against the strong, is axiomatic. The whole body of protective laws rests on this basis. The terms and conditions on which individual contracts may be made and enforced, are clearly within the legislative power of regulation.

4. The enforcement of the laws which affect the general welfare, should not be left to individual effort. The People should appoint their own agents and inspectors to nquire into the condition of those who may need protection, and if they find it required, to take the necessary steps to secure it.

5. The inadequacy, the expense and the delay of ordinary legal proceedings at the suit of individuals, are so great and so notorious, that it is a mere mockery to bid the poor and the helpless to go to law for a remedy for the wrongs they suffer. They have neither time nor money to spend in a law-suit, which may be appealed and require years for its determination. The people should cause their own agents to grapple with and remove the abuses which bring upon the whole people the heavy burdens of pauperism, insanity and crime.

6. Such a Board would decrease, not increase, the aggregate pecuniary burdens of the people. By its moral influence, as well as its legal power, it would eff et a saving of millions of dollars now wasted in fruitless conflicts of labor and capital, and in dealing with the resulting poverty and disorder.

7. The proposed inspection would be highly beneficial to all well-conducted business establishments. Only those proprietors who have some wrong to conceal, would object to a visit from high State officials appointed to secure the harmony, peace, and mutual prosperity of employers and the employed, in every department of business. But if it were otherwise, all imaginable evils that might result from such a commission, would not entail one per cent. of the losses now suffered for want of such an agency. C. C. BONNEY.

CHICAGO, January 1, 1887.

Mr. Bonney offered the following resolution, and moved its adoption :

Resolved, That this Association earnestly and emphatically renew its previous recommendations of the measure known as the Davis Bill, for the creation of an intermediate Appellate Court of the United States, for the relief of the National Supreme Court, and direct the Secretary of this A sociation to transmit a copy of this resolution to the Sena ors and Representatives from Illinois, in Congress with a request that they endeavor to secure the enactment of the measure herein recommended; further

Resolved, That a special committee of five members of this Association be appointed to promote the success of the proposed legislation.

These resolutions were discussed pro and con at some length by Messrs. Bonney, High, Bradwell, Moulton, Bond, Hurd, and others.

On motion of Mr. Moulton, a committee of five was appointed by the President, to consider a bill for the relief of the Supreme Court, and report the same to this meeting of the Association.

This motion being as a substitute for Mr. Bonney's resolutions, the President appointed Messrs. Moulton, Dent, Bond, Bradwell and Hay.

The Association convened in the evening at 8 o'clock, in the hall of the House of Representatives, Capitol.

10.

MEMORIAL ADDRESS:

LIFE AND SERVICES OF DAVID DAVIS.

Mr. Leonard Swett read a memorial address on David Davis. On motion of Mr. Littler, the thanks of the Association were tendered and a copy requested for publication. (See Appendix.)

11.

MEMORIAL ADDRESS: LIFE AND SERVICES OF JAMES C. ROBINSON.

Mr. J. Mayo Palmer read a memorial address on James C. Robinson.

On motion of Mr. Hurd, the thanks of the Association were tendered and a copy requested for publication. (See Appendix.)

The Association then adjourned to Wednesday, January 12, 1887, at ten o'clock A. M.

SECOND DAY.

JANUARY 12, 1887.

The Association re-assembled in the Supreme Court Room at 10 o'clock A. M., Hon. Melville W. Fuller, President, in the chair.

The Committee on Legal Education had no report to make.

The special committee appointed on Tuesday, to consider and report a bill for the relief of the Supreme Court of the United States, through Mr. Moulton, its chairman, reported the following resolutions:

To the Illinois State Bar Association:

GENTLEMEN:-Your special committee, to whom was referred the several motions and papers relating to the relief of the Federal Courts, having had the same under consideration, respectfully report the following resolutions, and recommend their adoption, and also that copies of the same be furnished each Senator and Representative in Congress from this State.

J. B. BRADWELL,
L. L. BOND,

Committee.

1. Resolved, That it is the sense of this Association, that the bill commonly known as the "Davis Bill," or some similar measure, should be enacted for the relief of the Supreme Court of the United States, by providing for an Appellate Court.

2. Resolved, That it is also the sense of this Association, that the Justices of the Supreme Court should be relieved from Circuit Court duties.

3. Resolved, That it is also the sense of this Association, that the right of removal of causes from State to Federal Courts, should be so restricted as not to allow a removal where the amount involved is less than five thousand dollars.

4. Resolved, That it is the sense of this Association, that negotiable instruments made between citizens of the same State, should not be suable in Federal Courts under or by reason of any assignment thereof.

Discussion by Hurd, Wheeler, Bond, Moulton, and others.

A motion to recommit was lost, as also a motion to amend by striking out the word "five" in the third resolution, and inserting the word "one," so as to read "one thousand" instead of "five thousand," and the resolution as originally drawn, was adopted.

On motion of Mr. Bond, the resolutions, as reported by the committee, were adopted.

12. ADDRESS: RELATIONS OF CORPORATIONS TO THE COMMUNITY. Mr. George W. Smith, of Chicago, read a paper on this subject. (See Appendix.)

On motion of Mr. Moulton, the thanks of the Association were tendered and a copy requested for publication.

13.

ADDRESS: THE BEGINNING OF LAW IN ILLINOIS.

Mr. Edward G. Mason, of Chicago, read a paper on this subject. (See Appendix.)

On motion of Mr. Hamilton, the thanks of the Association were tendered and a copy requested for publication.

14.

ADDRESS:

DECLINE OF LITIGATION AND SOME OF THE CAUSES,

Mr. Samuel P. Wheeler, of Cairo, read a paper on this subject. (See Appendix.)

On motion of Mr. Swett, the thanks of the Association were tendered and a copy requested for publication.

Mr. Wheeler's address aroused considerable discussion, and

On motion of Mr. Swett, the address was referred to the Committee on Law Reform.

No report on the same at this meeting. The committee subsequently reported they could not make a report at this meeting, the time being so limited, and

Upon motion of Mr. Bonney, the report of this committee on Mr. Wheeler's address, was postponed to the next Annual Meeting of the Association.

The Committee on Law Reform, through Mr. Dent, its chairman, submitted the following report:

To the President and Members of the Illinois State Bar Association:

I.

The Committee on Law Reform refer first to the following preamble and resolution which, upon motion of Mr. Bonney, were adopted at the meeting of this Association held in January, 1886:

"WHEREAS, The frequent occurrence of strikes of workmen employed in occupations in which the public are directly interested, results in enormous losses of wages and earnings, and in serious injuries and inconveniences to the people at large; and

"WHEREAS, The settlement of differences between employers and employed, by trials of endurance, is as absurd in principle as was the ancient settlement of disputes by wager of battle; and

"WHEREAS, It is a reproach alike to legislators, the courts and the legal profession. that some adequate remedy for such cases has not yet been devised and put in operation: therefore.

"Reseed, That this Association especially requests its Committee on Law Reform to inquire and report at the next annua session. what remedies, if any, now exist or may be provided for the prevention and control of strikes, and the determination of conflicting claims between employers and the employed, in cases where the latter act in combination, and not as individuals; and that said committee be particularly requested to consider and report whether the inherent powers of the court of equity