Revised Statutes of Illinois of 1881, as amended in 1883, provides that "associations and societies which are intended to benefit the widows, orphaus, heirs and devisees of deceased members thereof, and members who have received a permanent disability, and where no annual dues or premiums are required, and where the members shall receive no money as profit or otherwise, except for permanent disability, shall not be deemed insurance companies." While sick benefits, such as are usually paid by secret and fraternal societies, are not mentioned in express terms in the section quoted, we think they may be fairly construed to be within the spirit of the same. In fact, no mention of the payment of sick benefits occurs in any of our insurance statutes until the statute of 1893 on fraternal beneficiary societies. The business done by the relief department was not prohibited by the statutes relating to insurance companies in force at its organization, nor at the time of the injury to appellant; but whether the contract, where it had not been performed by the payment and receipt of the money, or whether the organization of the relief department, would or [would] not be held to be ultra vires the corporation, is a question not necessary to the decision of this case. Appellant can not invoke that defense against appellee after having received the benefits secured to him by his contract. It is a general rule that a corporation can not avail itself of the defense of ultra vires where a contract, not immoral in itself, nor forbidden by any statute, has been in good faith fully performed by the other party, and the corporation has had the full benefit of its performance. And this rule applies with equal force to the other party setting up that the contract was ultra vires the corporation. The appellee paid as it agreed to do, and the appellant has accepted such payment, and the contract has been fully executed. It is therefore immaterial to inquire whether the contract or the organization of the relief department was ultra vires the corporation or not. That question does not properly arise in this case. A dissenting opinion was delivered by Judge Magruder, which reads as follows: It is not lawful for a railroad company to engage in the insurance business. A corporation can only exercise such powers as are expressly granted to it, or such implied powers as may be necessary to carry out or effectuate its express powers. A railroad company is authorized by its charter to carry freight and passengers. It is a common carrier and nothing else. The insurance of its employees is not one of its implied powers. If it be true that a railroad company can insure its employees because they need insurance, then it can go into the tailoring or clothing business because its employees need clothes, or operate a farm to raise cattle and hogs and poultry and wheat and corn because its employees need food. Such an extension of the implied powers of a railroad company as is thus indicated would lead eventually to an absorption by the railroad companies of all the employments and all the business of the country. Monopolies, created by the gradual reaching out of railroads into the various departments of business in no way connected with the original purposes of their organization, are dangerous to the liberties of the people. 2955-No. 15-8 LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1896. [The Second Special Report of the Department contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1896. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.] MINNESOTA. ACTS OF 1897. CHAPTER 127.-Convict labor-Jails. SECTION 1. Any able-bodied male person over the age of sixteen years and not over the age of fifty years now or hereafter confined in any county or village jail in this State under the judgment of any court of record, justice court or any tribunal authorized to imprison for the violation of any law, ordinance, by-law or police regulation, may be required to labor during the whole or part of the time of his sentence, as hereafter provided, and such court or other tribunal, when passing final judgment of imprisonment, whether for nonpayment of fine or otherwise, shall have the power to determine, and shall determine, whether such imprisonment shall be at hard labor or not. SEC. 2. Such labor may be on the public streets or highways, or on or about public buildings or grounds, or at such other public places in the county where confined, and during such reasonable time of the day as the person having charge of the prisoners may direct, and not exceeding ten hours per day. SEC. 8. All acts or parts of acts inconsistent herewith are hereby repealed. CHAPTER 128.—Examination, licensing, etc., of horseshoers. SECTION 1. No person shall practice horseshoeing, either as master horseshoer or journeyman horseshoer, in any city in this State of over fifty thousand (50,000) inhabitants, unless he is duly registered as hereinafter provided, in a book kept for that purpose in the office of the city clerk in the city in which he practices. SEC. 2. The city clerk of every city in this State of over fifty thousand (50,000) inhabitants shall keep a book in his office to be known as the "Masters and Journeymen Horseshoers' Register," in which shall be recorded the names of all master and journeymen horseshoers entitled to practice horseshoeing in said city; that said book shall be furnished by said clerk and paid for by said clerk out of the registration fees to be paid to him as hereinafter provided. SEC. 3. No person shall be entitled to register as a master or journeyman horseshoer without presenting and filing with the city clerk of said city a certificate from the board of examiners, as provided in section five (5) of this act, except as hereinafter provided. SEC. 4. Any person who is practicing as a master or journeyman horseshoer at the time of the passage of this act may register within six (6) months after the passage of this act, upon making and filing with the city clerk of said city in which he practices an affidavit stating that he was practicing horseshoeing at the time of the passage of this act, and upon complying with this section shall be exempt from the provisions of this act requiring an examination. SEC. 5. A board of examiners, consisting of one veterinarian, two master horseshoers and two journeymen horeshoers, which shall be called "Horseshoers' Board of Examiners," is hereby created, all of whom shall be citizens of this State, whose duty it shall be to carry out the provisions of this act, and make such rules and regulations for said purpose as they see fit and not in contravention thereof. The members of said board shall be appointed by the governor of the State and the term of their office shall be for five (5) years, except that the members of said board first appointed shall hold office for the term of one (1), two (2), three (3), four (4) and five (5) years, as designated by the governor, and until their successors shall be duly appointed. The said board of examiners shall hold sessions for the purpose of examining applicants to practice horseshoeing as a master or journeyman horseshoer at least once a year in each city of the State of over fifty thousand (50,000) inhabitants, and shall give public notice of the time and place of said meetings for said examinations, at least one (1) month previous to time of said meetings, and said board shall grant a certificate to any person showing himself qualified to practice horseshoeing, and said board shall receive as compensation for said duties a fee of two (2) dollars from each person so examined. Three (3) members of said board shall constitute a quorum. No person shall be entitled to take said examination or receive said certificate who shall not have engaged in the practice of horseshoeing for the period of at least three (3) years prior to the time of said examination. Said board shall select one of their own number as a secretary, who shall keep a record of all the proceedings of such board, which record shall be public property, and subject to examination at all reasonable times and while in possession of said secretary, by any person on demand, and free of charge therefor. SEC. 6. Each person registering under the provisions of this act shall pay to the city clerk of the city in which he registers the sum of twenty-five (25) cents, which shall be received as full compensation for such registration. SEC. 7. Any person who shall have duly registered in any one of said cities shall be entitled to registration in any other of said cities to which he shall remove upon filing an affidavit with the city clerk of said city to which he shall have removed, stating when and where he has been duly registered. SEC. 8. Any person who shall present to the city clerk of any of said cities for the purpose of registration any certificate which has been fraudulently obtained, or shall practice in any of said cities as a master or journeyman horseshoer without conforming to the requirements of this act, or shall otherwise violate or neglect to comply with any of the provisions of this act, shall be guilty of a misdemeanor. SEC. 9. This act shall take effect and be in force from and after its passage. Approved April 16, 1897. CHAPTER 186.-Examination, licensing, etc., of barbers. SECTION 1. It shall be unlawful for any person to follow the occupation of barber in this State unless he shall have first obtained a certificate of registration as provided in this act: Provided, however, That nothing in this act contained shall apply to or affect any person who is now actually engaged in such occupation, except as hereinafter provided. SEC. 2. A board of examiners, to consist of three (3) persons is hereby created to carry out the purposes and enforce the provisions of this act. Said board shall be appointed by the governor, one (1) member from those persons who may be recommended by the several unions of journeyman barbers in this State which have been in actual existence at least two (2) years prior to the making of such recommendation; one (1) member who has been for at least three (3) years prior to his appointment an employing barber in this State, and the third (3d) a practical barber who has been for at least five (5) years prior to his appointment engaged in such occupation in this State. Each member of said board shall serve for a term of two (2) years and until his snccessor is appointed and qualified, except in the case of the first board, whose members shall serve one (1), two (2) and three (3) years respectively, as specified in their appointment. Each member of said board shall give a bond in the sum of five thousand (5,00)) dollars, with sureties to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers. Vacancies upon said board caused by death, resignation or expiration of the term of any member thereof, shall be filled by appointment from the same class of persons to which the deceased or retiring member belonged. SEC. 3. Said board shall elect a president, secretary and treasurer, shall have its headquarters at the State capitol; shall have a common seal, and the secretary and president shall have power to administer oaths. SEC. 4. Each member of said board shall receive a compensation of three (3) dollars per day for actual service, and ten (10) cents per mile for each mile actually traveled in attending the meetings of the board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board: Provided, That the said compensation and mileage shall in no event be paid out of the State treasury. SEC. 5. Said board shall report to the legislature of this State at each of its regular meetings a full statement of the receipts and disbursements of the board during the preceding two (2) years, a full statement of its doings and proceedings, and such recommendations as to it may seem proper looking to the better carrying out of the intents and purposes of this act. Any moneys in the hands of the treasurer of said board at the time of making such report, in excess of two hundred and fifty (250) dollars, shall be paid over to the State treasurer to be kept by him for the future maintenance of the board and to be disbursed by him upon warrants signed by the president and treasurer of said board. SEC. 6. Said board shall hold public examinations at least four (4) times in each year in at least four (4) different cities in this State, at such times and places as it may determine, notice of such meetings to be given by a publication thereof at least ten (10) days before such meetings in the capital of the State and in the county where such meeting is to be held. SEC. 7. Every person now engaged in the occupation of barber in this State shall, within ninety (90) days after the approval of this act, file with the secretary of said board an affidavit setting forth his name, residence and the length of time during which, and the places where he has practiced such occupation, and shall pay to the treasurer of said board one (1) dollar, and a certificate of registration entitling him to practice said occupation thereupon shall be issued to him. SEC. 8. Any person desiring to obtain a certificate of registration under this act shall make application to said board therefor and shall pay to the treasurer of said board an examination fee of five (5) dollars, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed to examine such person, and being satisfied that he is above the age of nineteen (19) years, of good moral character, free from contagious or infectious disease, has either (A) studied the trade for three (3) years as an apprentice under a qualified and practicing barber, or (B) studied the trade for at least three (3) years in a properly appointed and conducted barber school under the instructions of a competent barber, or (C) practiced the trade in another State for at least three (3) years, and is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of the tools, shaving, hair cutting and all the duties and services incident thereto, and is possessed of sufficient knowledge concerning the common diseases of the face and skin to avoid the aggravation and spreading thereof in the practice of said trade; his name shall be entered by the board in the register hereafter provided for, and a certificate of registration shall be issued to him authorizing him to practice said trade in this State: Provided, That whenever it appears that applicant has acquired his knowledge of said trade in a barber school, the board shall be judges of whether said barber school is properly appointed and conducted and under proper instruction to give sufficient training in such trade. All persons making application for examination under the provisions of this act shall be allowed to practice the occupation of barbering until the next regular meeting of said board. SEC. 9. Nothing in this act shall prohibit any person from serving as an apprentice in said trade under a barber authorized to practice the same under this act, nor from serving as a student in any school for the teaching of such trade under the instruction of a qualified barber: Provided, That in no barber shop shall there be more than one apprentice to two (2) barbers authorized under this act to practice said occupation. SEC. 10. Said board shall furnish to each person to whom a certificate of registration is issued a card or insignia bearing the seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this State, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair, where it may be readily seen by all persons whom he may serve. SEC. 11. Said board shall keep a register in which shall be entered names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public inspection. SEC. 12. Said board shall have power to revoke any certificate of registration granted by it under this act for (A) conviction of crime; (B) habitual drunkenness for six (6) months immediately before a charge duly made; (C) gross incompetency, or (D) contagious or infectious disease: Provided, That before any certificate shall be so revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall at a day specified in said notice, at least five (5) days after the service thereof, be given a public hearing and full opportunity to produce testimony in his behalf and to confront the witnesses against him. Any person whose certificate has been so revoked may, after the expiration of ninety (90) days, apply to have the same regranted, and the same shall be regranted to him upon a satisfactory showing that the disqualification has ceased. SEC. 13. To shave or trim the beard or cut the hair of any person for hire or reward received by the person performing such service, or any other person, shall be construed as practicing the occupation of barber within the meaning of this act. SEC. 14. Any person practicing the occupation of barber without having obtained a certificate of registration, as provided by this act, or willfully employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or violation of any of the provisions of this act, is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten (10) dollars or more than one hundred (100) dollars, or by imprisonment in the county jail not less than ten (10) days or more than ninety (90) days. SEC. 15. This act shall take effect and be in force from and after its passage. Approved April 21, 1897. CHAPTER 319.-Examination, licensing, etc., of plumbers. SECTION 1. It shall not be lawful for any person, persons, firm or corporation engaged in the plumbing business in any city or town having a population of ten thousand (10,000) inhabitants or more, which has a system of sewer or water works in the State of Minnesota, to employ as journeyman plumber in said business any person, or persons, except those qualified to work as registered plumber (s); and no person shall be qualified to work as a registered plumber, or to act as plumbing inspector, unless said persons have (person has) made application and received from the State board of commissioners of practical plumbing a certificate of competency, and has complied with the provisions of this act. SEC. 2. If any person or persons, after the passage of this act, shall engage in, or work at the plumbing business as journeyman plumber in any city or town having a population of ten thousand (10,000) inhabitants or more which has a system of sewer or water works in the State of Minnesota, without first complying with the provisions of this act, such person shall be deemed guilty of a misdemeanor, and subject to a fine of fifty (50) dollars for each and every violation of said act; said fine to be sued for in the name of the State, and before any qualified justice of the peace in said State. SEC. 3. The governor shall appoint biennially five (5) persons, who shall constitute a board of commissioners, which shall be known and designated as "The State Board of Commissioners of Practical Plumbing," and who shall be elected as follows: Five (5) practical plumbers, two (2) of whom shall be master plumbers engaged in the plumbing business, and resident freeholders of the State, two (2) shall be journeymen plumbers and freeholders of the State, the fifth (5th) to be one of the plumbing inspectors of any first-class city in the State possessing the same qualifications, whose duty it shall be to faithfully and impartially execute, or cause to be executed, all the provisions and requirements of this act; they shall upon application and in such manner and at such place as they may determine, provided said place of examination shall be within the limits of the State of Minnesota, examine each and every person who shall desire to work at the plumbing business, touching his competency and qualifications; and upon being satisfied that the person so examined is competent and qualified to work at said business, they or any three (3) of them, shall grant such person a certificate of competency, under the provisions of this act, and register him in their books as a practical plumber, which shall operate as full authority to him to conduct and engage in the said business of plumbing. SEC. 4. The commissioners appointed under this act shall hold their several offices for the period of two (2) years, without compensation, commencing from the first (1st) day of May, next succeeding the date of the passage of this act, and thereafter until their successors have been appointed and qualified; said commissioners shall within thirty (30) days after notification of their appointment, each subscribe to an oath before the clerk of the supreme court of the State of Minnesota, to impartially and faithfully discharge the duties prescribed by this act; a failure to so qualify on the part of any appointee, within the time and manner named, shall create a vacancy, which the governor shall immediately proceed to fill by the appointment of some other practical plumber as required by the provisions of this act, as also in cases of death or resignation. SEC. 5. The said board of commissioners shall demand and receive from each applicant for a certificate of competency, whom they examine and pass, the sum of three (3) dollars at the time of issuance of said certificate, and the sum of one (1) dollar for the renewal thereof, each and every year thereafter, on or before the first |