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REPORT OF COMMITTEE ON LAW REFORM,

The committee is pleased to announce the nomination of the Hon. E. P. Williams, of the Galesburg bar, a member of this Association, as a member of this Commission, on the nomination of the Supreme Court. At this writing we are not advised of any other nominations.

It will be the duty of this Commission when organized to compare and examine all the laws of the State of Illinois relating to practice and procedure in the courts, and to submit to the Governor in the form of a report for action on the part of the General Assembly, such amendments, revisions, additions and corrections and such compilation thereof as the Commission shall deem necessary.

The Commission shall hold at least one sitting, open to the members of the bar, in each of the Appellate Court districts of the State, and shall print and distribute to the members of the bar of the State a preliminary report, inviting criticism thereon, and shall make its final report after having considered the criticisms made upon the preliminary report.

It will be noticed that only the practice and procedure in the courts is to be treated by this Commission, and not the general body of the statute law. It would seem that this will narrow the work of the Commission, unless it should volun. tarily undertake to make suggestions regarding the general body of the statutory law of the State. In view of the fact, however, that the members of the Commission must serve without salary, fees or compensation of any kind, except the payment of personal expenses, while engaged in the service, not exceeding $300, it is not likely that the Commission will do any work not imposed upon it by the joint resolution.

Your committee does not deem it proper to make any suggestions to this Commission, but will leave the Association to act in the premises, perhaps through a special committee, or the Law Reform Committee to be appointed at this session of the Association.

ADOLPH MOSES.

In looking through the various reports of this Association, it appears that many reforms have been suggested by former committees, which have been adopted by this Association, but never received the favorable action of the General Assembly. Still, it may be said with some degree of satisfaction, that some lasting reform measures have passed which at one time received the attention of this committee.

In examining the list of the Acts passed by the 41st General Assembly, some valuable legislation will be found.

1. An Act providing for the publication of all constitutional amendments or other propositions required by law to be voted for by the people. Bradwell's Laws, p. 29.

2. The foreign corporation law of 1897, which requires every foreign corporation doing business in the State to have a public office or place at which to transact its business, and to file its articles of incorporation with the Secretary of State, and to pay certain taxes and fees thereon, was amended in some particulars. See Bradwell's Laws, p. 104. But in the opinion of the committee, the Act is still defective, by reason of the restrictive title, which does not cover all the provisions of the law.

3. A useful amendment to Section 2 of the General Corporation Act of 1872 was passed, permitting the Attorney General to file a bill in chancery against any corporation, authorized to confer degrees, diplomas or other certificates of qualification in the sciences of medicine, pharmacy or dentistry, which may conduct a fraudulent business or which abuses, misuses or violates the terms of its charter, for an injunction to restrain such corporation from abusing the terms of its charter, and the bill may also seek the dissolution of the corporation. Bradwell's Laws, p. 103.

4. A new Act was also passed upon the subject of the organization, management and regulation of surety companies which do business in guaranteeing the fidelity of persons holding public or private positions of trust and the performance

REPORT OF COMMITTEE ON LAW REFORM.

by persons, firms and corporations of contracts, bonds, recog. nizances and undertakings of every kind, and of becoming surety on bonds required by law and on every kind of contract, obligation and undertaking of persons, firms and corporations. Bradwell's Laws, p. 107.

This species of insurance has become widespread and careful legislation is necessary to guard the interests of the people doing business with this class of corporations. It is to be noticed that the Act places them under the care and orders of the Insurance Superintendent of the State, and that they are required to deposit with the Insurance Superintendent not less than $100,000 of their paid-up capital in bonds of the United States or State or municipal bonds or in mortgages on improved real estate in this State.

5. We also notice the Act (Bradwell's Laws, p. 120), which exempts all persons who have been heretofore convicted and sentenced or may be hereafter convicted and sentenced to the Illinois State Reform School at Pontiac from the consequences of committing an "infamous crime," such as is designated in Section 7 of Division 2 of the Criminal Code. The inmates of this institution are divided into two divisions or departments, the first including males between the ages of 10 and 16 and the other, females between the ages of 16 and 21. This Act has been substantially held constitutional in Bartley vs. People, 156 Ill., 234.

The inmates of the institution receive instruction in the common branches of an English education and also in such trade or handicraft as will enable them, upon their release to earn their own support, and for this purpose the managers are enjoined to establish and maintain common schools and trade schools and to make all needful rules and regulations for their government.

6. The subject of elections in cities, villages and incorporated towns has been entirely revised and the circuit courts have been given jurisdiction to determine contests, of elec

ADOLPH MOSES.

tions for the judges of the Supreme, Circuit and Superior Courts, of Cook county, the clerks of the Supreme Court and members of the State Board of Equalization.

7. We also notice the fact that the entire mining laws of the State were revised, as were the entire military and naval code of the State of Illinois.

8. A State Food Commission has been created by legislation, the object of which is to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of articles of food.

9. A new Act was passed regulating the practice of medicine, repealing the Act of 1897, and an Act to regulate the practice of veterinary medicine and surgery was passed, authorizing the appointment of a Board of Veterinary Examiners.

10. The General Corporation Act of Illinois received no attention, but the Foreign Corporation Act of 1897 was amended, as heretofore stated.

11. An Act was also passed permitting the incorporation of Casualty as well as Burglary Insurance Companies on the mutual plan, and the subject of the management and regulation of Surety Companies was perfected.

12. The imposition of corporation fees has been extended to the increase of capital stock, excluding homestead associations and building and loan associations.

13. An important Act, requiring corporations to make annual reports to the Secretary of State and to provide for the cancellation of articles of incorporation for failure to do so, was also passed, but the object of the Act is rather restricted, and the only real benefit to be derived therefrom is the fee of $1.00 for filing the same. The report need not contain any particular information.

14. A new venture in legislation is the Act providing for the incorporation and regulation of pawners' securities, limiting the rate of compensation to be paid for advances,

REPORT OF COMMITTEE ON LAW REFORM,

storage and insurance on pawns and pledges and to allow the loaning of money upon personal property. This is peculiarly a Chicago enterprise, for the second section provides that such corporations may be organized only in cities of over 250,000 inhabitants, which means Chicago.

15. While upon this subject we may point out the fact that the jury commission law, which heretofore included counties having 100,000 inhabitants, applies now only to counties having 250,000. The smaller number was evidently selected by the promoters of the jury commission law in order to avoid the argument that it was special legislation; but since the jury commission has been established in Cook county, it appears that under the amendment no other county can have a jury commission unless its population has increased to 250,000.

16. The repeal of the Allen law brought with it the repeal of the Horse and Dummy Act of 1874 and the enactment of a new law in regard to street railroads. Bradwell's Laws, p. 284.

17. Another important Act is the amendment of the State Board of Arbitration law, to settle differences between employers and employes. Bradwell's Laws, p. 31.

18. An important Act is the one relating to township organization, regarding the alteration of boundaries and divisions of towns, which was passed with an emergency clause.

No attempt has been made herein to designate all the important legislation enacted at the last session; but we should not omit to mention the Act establishing juvenile courts, which is an Act to regulate the treatment and control of poor, dependent and neglected children. This measure was first suggested in this Association.

In looking through the various reports of this Association heretofore published it appears that inany valuable reforms have been accomplished through the aid of this Association, but many suggestions heretofore made have never ripened into legislation.

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