Enforcement of award. Joint cation. appli Strike. threatened. etc., Duty of mayors, etc. cation. SEC. 23a. In the event of a failure to abide by the decisions of said 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 disregarded. 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. 23b. Whenever two or more employers engaged in the same general line of business, employing in the aggregate not less than twenty-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. SEC. 24. 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 dispute to the State board. SEC. 24a. 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. 24b. Whenever there shall exist a strike or a lockout, without appli- wherein, in the judgment of a majority of said board, the general public 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 comformity 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. SEC. 25. 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. Compensa tion. Service of SEC. 26. Any notice or process issued by the State board of arbitration shall be served by any sheriff, coroner or constable to process. whom the same may be directed or in whose hands the same may be placed for service. CHAPTER 10b.-Wages preferred—In assignments. SECTION 6. Provided, however, That all claims for Wages to be the wages of any laborer or servant, which have been earned paid first. 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 payment of the costs, commissions and expenses of assignment, be preferred, and first paid to the exclusion of all other demands and claims: Provided, further, That such claims for wages of any laborer or servant, shall recite upon their face that they are for such wages, and when exceptions are taken to such claims, the said court, in adjudicating and settling the same, shall find that the claim so adjudicated and settled, is for wages of such laborer or servant. CHAPTER 10b.-Assignment of wages. Proviso Formalities SECTION 18. No assignment of the wages or salary of any person shall be valid, so as to vest in the assignee any beneficial required. interest, either at law or in equity, unless such assignment shall be in writing, signed by the assignor and acknowledged in person by the assignor before a justice of the peace in and for the township in which the assignor resides, and entered by such justice upon his docket, and unless within three days from the date of the execution and acknowledgment of such assignment, a true and complete copy of said assignment and of the certificate of its acknowledgment shall be served upon the person, firm or corporation from whom such wages or salary is due or is to become due, in the same manner that the summons in chancery is now required by law to be served: Provided, further, That no assignment of wages or salary by a married person shall be valid unless the same is also executed and acknowledged as above, by the assignor's wife or husband, as the case may be. SEC. 19. The term "assignment" as used in this act shall include every assignment, transfer, sale, pledge, mortgage or hypothecation, however made or attempted, of the wages or salary of any person, or of any interest therein. Definition. Void assign SEC. 20. Whenever any assignment of the wages or salary of any person or persons shall be given as security for a loan tainted ments. with usury, or shall be given to secure the payment or fulfillment of a usurious contract, or the payment of the principal or the interest of a usurious debt, such assignment shall be absolutely void. SEC. 21. Every assignment of wages to be earned in whole or in part more than six (6) months from and after the making of such assignment shall be absolutely void. Same. SEC. 22. Whenever any person, firm or corporation shall bring or threaten to bring any action or suit to enforce any assignment of wages or salary which has not been duly executed, acknowledged and served upon the employer in conformity with the provisions of this act, or which is declared invalid by the provisions of this act, courts of equity shall have full power, upon the application either of the assignor of such wages or salary, or of the person, firm or corporation from whom such wages or salary is, or is to become due, to perpetually enjoin the threatened or attempted enforcement of any such assignment, and the fact that the complainant has a complete and adequate remedy at law, shall constitute no defense to the maintenance of a suit in equity for the purposes aforesaid. SEC. 23. The invalidity of any portion of this act shall not affect the validity of any other portion thereof which can be given effect without such invalid part. CHAPTER 13.-Suits for wages-Attorneys' fees. SECTION 13. Whenever a mechanic, artisan, miner, laborer, or servant, or employee, shall have cause to bring suit for his or her wages earned and due, and owing according to the terms of the employment, 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 17b.-Bureau of labor statistics. SECTION 1. It shall be the duty of the governor with the advice and 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 themselves 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. SEC. 2. 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 [,] manufac turing and productive industry of the State. SEC. 3. 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 24.—Examination and licensing of plumbers. Certificates Examination. SECTION 498. Any person now or hereafter engaging in or working at the business of plumbing in cities or towns of 5,000 inhab- required, when. itants or more in this State, either as a master plumber or employing plumber or as a journeyman plumber, shall first receive a certificate thereof, in accordance with the provisions of this act. SEC. 499. Any person desiring to engage in or work at the business of plumbing, either as a master plumber or employing plumber, or as a journeyman plumber, shall make application to a board of examiners hereinafter provided for, and shall, at such time and place as said board may designate, be compelled to pass such examination as to his qualifications, as said board may direct; said examination may be made in whole or in part, or [in] writing, and shall be of a practical and elementary character but sufficiently strict, to test the qualifications of the applicant. SEC. 500. There shall be in every city, town or village, of 10,000 inhabitants or more, a board of examiners of plumbers, consisting of three members one of which shall be the chairman of the board of health, who shall be office [ex officio] chairman of said board of examiners, a second member, who shall be a master plumber, and a third member who shall be a journeyman plumber. Said second and third members shall be appointed by the mayor and approved by the [city] council or by the board of trustees of said town, or village, within three months after the passage of this act, for the term of one year from the first day of May, in the year of appointment, and thereafter annually before the first day of May, and shall be paid from the treasury of said city, town or village, the same as other officers, in such sums as the authorities may designate. SEC. 501. Said board of examiners shall, as soon as may be, after the appointment, meet and shall then designate the times and places for the examination of all applicants, desiring to engage in, or work at, the business of plumbing, within their respective jurisdiction. Said board shall examine said applicants as to their practical knowledge of plumbing, house drainage, and plumbing ventilation; and, if satisfied of the competency of such applicants, shall thereupon issue a certificate to such applicant, authorizing him to engage in, or work at, the business of plumbing, whether as master plumber, or employing plumber, or as a journeyman plumber. The fee for a certificate for a master plumber, or employing plumber, shall be $5; for a journeyman plumber it shall be $1. Said certificate shall be valid aud have force throughout the State, and all fees received for said certificates shall be paid into the treasury of the city, town or village, where said certificates are issued. Board of examiners. Duties. Fees. .SEC. 503. All persons who are required by this act to take ex- Applications aminations and procure a certificate as required by this act shall to be made, apply to the board in the city where he resides or to the board nearest his place of residence. SEC. 504. Any person violating any provision of this act shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five dollars ($5) nor exceeding fifty dollars ($50) for each and every violation therefor, and his certificate may be revoked by the board of health or proper authorities of said city, town or village. This act is constitutional. The classification of cities is not special law, nor are the powers of the board arbitrary under the law. 80 N. E. Rep. 341. CHAPTER 38.—Boycotting and blacklisting. where. Penalty. Conspiracy to establish SECTION 46. If any two or more persons conspire or agree together, or the officers or executive committee of any society or boycott, etc. organization or 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 Persons combining. Individuals * of establishing a so-called boycott or black list, or shall post or 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. CHAPTER 38.-Intimidation of employers and employees. SECTION 158. 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. 159. If any person shall, by threat, intimidation or unlawmaking threats. ful interference, seek to prevent any other person from working or from obtaining work at any lawful business, or [on] any terms that he may see fit, such person so offending shall be fined not exceeding $200. Entering SEC. 160. Whoever enters a coal bank, mine, shaft, manufactory, premises to do building or premises of another, with intent to commit any injury 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. CHAPTER 38.-Offenses of railroad employees, etc. Negligently SECTION 191. Any engineer or person having charge of and injuring or running any railroad engine or locomotive, who shall willfully or frightening horses, etc. unnecessarily 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. Sunday labor forbidden. CHAPTER 38.-Sunday labor. SECTION 261. Whoever disturbs the peace and good order of society by labor (works of necessity and charity excepted), * * * on Sunday shall be fined not exceeding $25. This section shall not be construed to prevent watermen and railroad companies from landing their passengers, or watermen from loading and 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. |