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TABLE OF CONTENTS.

I. SUMMARY.

II. EXTENT TO WHICH SOCIAL AND INDUSTRIAL LEGISLATION IS
PREVENTED BY THE PRESENT CONSTITUTION..

PAGE.

1129

..1130

III. HOUSING AND OWNERSHIP OF HOMES.

...1138

Demonstration or experimental work in providing low
cost homes...

..1138

Government aid to home owning in foreign countries..1139
State loans for purchase of homes..

1140

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Conditions under which injunctions will be issued in
labor cases.....

...1157

1161

Arguments for and against the restriction of injunctions
in labor cases..

CONTENTS-Concluded.

VI. ANALYSIS OF RESULTS-Concluded.

Proposed legislation in Illinois and legislation in other

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VII. CORPORATIONS, RAILROADS, WAREHOUSES, PUBLIC UTILITIES,

BANKING AND INSURANCE CORPORATIONS..

Corporations

Railroads....

Warehouses.

Public utilities..

Banks....

.1176

.1176

.1177

.1177

.1178

..1179

.1179

.1180

IX. ILLINOIS CENTRAL RAILROAD.

.1183

Historical account of the Illinois Central provision.....1183
Problems of collection.

.1184

Insurance.

VIII. CANALS AND INTERNAL IMPROVEMENTS.....

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-

ENT CONSTITUTION.1

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.

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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,

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