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TABLE OF CONTENTS.
EXTENT TO WHICH SOCIAL AND INDUSTRIAL LEGISLATION IS
HOUSING AND OWNERSHIP OF HOMES..
.1138 Government aid to home owning in foreign countries . .1139 State loans for purchase of homes..
1140 Legislation in force in Australian states....
..1141 Government guaranty of bonds of building companies. . 1142 Farm loans and housing in cities...
Soldiers' BONUSES AND PREFERENCES....
Preference in public employment.
.1147 .1148 . 1149 . 1149 . 1149 . 1151 . 1152 .1153
INJUNCTIONS IN LABOR CASES.
..1155 Outline of Illinois statute....
.1155 Operation of injunction procedure.
..1155 Conditions under which injunctions will be issued in labor cases....
...1157 Arguments for and against the restriction of injunctions in labor cases.
Proposed legislation in Illinois and legislation in other
.1163 United States legislation.....
1164 Constitutionality of proposed legislation.
.1168 Giving a preferred status to labor.
1169 Limitation of the use of injunctions.
..1172 Punishment of contempts.
VII. CORPORATIONS, RAILROADS, WAREHOUSES, PUBLIC UTILITIES, BANKING AND INSURANCE CORPORATIONS..
.1177 Public utilities..
VIII. CANALS AND INTERNAL IMPROVEMENTS..
IX. ILLINOIS CENTRAL RAILROAD..
.1183 Historical account of the Illinois Central provision... Problems of collection..
1184 Amounts received from the Illinois Central Railroad ...1185 Comparison of payments of Illinois Central to the state
with taxation of other railroads in Illinois...... ..1185 Constitutionality of Illinois Central gross receipts tax..1187 I. SUMMARY.
This bulletin discusses the distinctly economic provisions of the Constitution of 1870, and also the various proposals likely to be made to the Constitutional Convention with respect to social and economic matters. In Bulletin No. 4 upon state and local finance will be found a discussion of state and municipal debt limits, with some indication of the relationship of such limits to enterprises which it may be desired to have the state or municipal corporations undertake. In Bulletin No. 7 upon eminent domain and excess condemnation will be found a full discussion of certain proposed extensions of governmental power, in order to enable the government to do certain things not now permitted. The discussion in Bulletin No. 7 deals of course only with the extent to which further governmental activities may be accomplished or aided through the power of eminent domain. In Bulletin No. 8 on the legislative department will be found a chapter dealing with the subject of legislative powers; in this chapter an attempt has been made to indicate the reasons why numerous matters with respect to social and economic legislation have been placed in the texts of state constitutions. In Bulletin No. 10, dealing with the judicial department, will be found a chapter devoted to the power of the courts to declare laws unconstitutional. This power bears a close relationship to the subjects discussed in the present bulletin, inasmuch as a number of the problems which are here discussed will present themselves to the constitutional convention because of decisions holding legislation invalid under the constitution of 1870.
The subject of farm tenancy and rural credits has been deemed sufficiently important to deserve a separate bulletin, and a full treatment of this subject will be found in Bulletin No. 13 of this series. The subject of housing and ownership of homes discussed in this bulletin bears a close relationship to the subject of farm tenancy and rural credits. The one subject looks at the matter from the standpoint of the farming community, and the other from the standpoint of the urban community.
II. EXTENT TO WHICH SOCIAL AND INDUSTRIAL LEGISLATION IS PREVENTED BY THE PRES
In every large industrial state of this country, certain types of legislation have been held invalid as violating broad constitutional guarantees, such as that with respect to due process of law. The Ohio constitutional convention of 1912 proposed several amendments whose purpose was to establish a policy in the state different from that announced by the Ohio supreme court before 1912. Of the amendments adopted by the people of Ohio in 1912 the following four at least were of this character: (a) A constitutional provision authorizing the legislature to pass mechanics lien laws. (b) An amendment authorizing legislation fixing and regulating the hours of labor, establishing a minimum wage, and providing for the comfort, health, safety and general welfare of all employes." (c) A constitutional provision expressly authorizing compulsory workmen's compensation legislation. (d) An express provision that except in cases of extraordinary emergency a day's labor on public works carried on or aided by the state or by any political subdivision thereof should not exceed eight hours a day or forty-eight hours a week.
Prior to 1912 judicial decisions in Ohio had held invalid regulations with respect to mechanics liens and also with respect to the limitation of hours of labor upon public works. There had also been a judicial decision holding it improper for the legislature to require the screening of coal in connection with the payment of wages to miners. The other provisions above referred to were inserted into the Ohio constitution in 1912, because it was feared that the court might hold certain types of legislation unconstitutional, unless such legislation were explicitly authorized by the constitution.
The present constitution of Illinois does not contain a great many provisions similar to those just referred to as having been inserted into the constitution of Ohio in 1912. However Article 4, section 29, is similar in character. This section reads "It shall be the duty of the General Assembly to pass such laws as may be necessary for the protection of operative miners by providing for ventilation, when same may be required, and the construction of escapement shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper.” This constitutional provision seems from
1 Upon the whole matter discussed in this chapter material of interest will be found in the Massachusetts Constitutional Convention Bulletin No. 18. The Constitutionality of Social Welfare Legislation.
certain decisions of the court to vest in the General Assembly a wider power as to legislation for the safety of miners than with respect to other types of labor legislation.”
By amendment in 1886 a provision was added to the constitution that: "Hereafter it shall be unlawful for the commissioner of any penitentiary, or other reformatory institution in the State of Illinois to let by contract to any person, or persons, or corporations, the labor of any convict confined within the said institution."
Certain types of legislation are clearly valid under the present constitution, and as to them no constitutional authorization is necessary. On the other hand, if it is already recognized that a certain type of legislation may be validly enacted, placing a provision in the constitution regarding it is likely to operate as a limitation upon legislative power with respect to that type of legislation. State Constitutional provisions are normally construed as limitations upon legislative power, and if a provision is placed in the constitution which was unnecessary as a means of granting legislative power, that provision will be interpreted as limiting the power of the legislature. An important example of this will be found in Nebraska. The framers of the Nebraska Constitution of 1875 placed in that instrument an authorization for the establishment of reform schools for children under the age of sixteen years. The legislature later desired to extend the age of children who might be committed to a reform school, but this was held improper, the court saying that the legislature would have had full power with respect to reform schools in the absence of constitutional provision, but that the constitutional provision must have intended to limit the legislative power as to the type of reform school that might be established.
It may be worth while to review briefly the types of legislation whose validity has been, or is likely to be, sustained :
(a) It is clearly proper under the present constitution for the General Assembly to enact legislation regarding the hours of labor of women. This principle has been fully established by the case of . Ritchie v. Wayman, 244 Ill. 509 (1910), and People v. Elderding, 254 III. 559-579 (1912.) It is true of course that in the earlier case of Ritchie v. People, 155 Illinois 198 (1895) the Supreme Court of Illinois held unconstitutional an eight-hour labor law for women. However, in the later case the Supreme Court substantially departed from its attitude in the first Ritchie case, although it should be understood that the first Ritchie case arose under an eight-hour labor law for women, whereas the second case arose under a ten-hour law. No legislation has been enacted in Illinois which reduces the labor of women below ten hours a day. Yet, in view of the case of Miller v. Wilson, 236 U. S. 373 (1915) it may be suggested that eight-hour labor legislation for women would probably be upheld by the Illinois Supreme Court. In this matter the court would probably follow the ruling of the United States Supreme Court.
(b) Hours and conditions of labor of children. The prohibition of child labor and the strict regulation of hours and conditions of
T mal mind, and penalties and post mal pornex
2 Starne v. People, 222 Ill. 189 (1906).
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