power of the city but also as unconstitutional. In the case of McChesney v. People 200 Ill. 146, the Supreme Court took the same view. as to contract provisions fixing the eight-hour day and prohibiting alien labor. If it is desired to permit a statutory fixing of the hours of labor upon state and municipal public works, this would seem to require a constitutional change in this state.

(4) Legislation making exceptions in favor of union labor with respect to matters of discharge or with respect to employment is pretty clearly not permitted by the constitution of Illinois as now interpreted. In the case of Gillespie v. People, 188 Ill. 176 (1900), the Supreme Court held unconstitutional legislation which sought to make it a criminal offense for an employer to attempt to prevent his employes from joining labor unions, or to discharge them because of their connection with labor unions; and this view is also substantially taken by the United States Supreme Court in the recent case of Coppage v. Kansas (1915). Legislation of this character would probably be invalid under the constitution of the United States even though there were a state constitutional provision expressly authorizing it.

In the case of Matthews v. People, 202 Ill. 389 (1903), the Supreme Court held unconstitutional a provision of the Free Employment Agency Act which prohibited superintendents of agencies from furnishing workmen or lists of workmen to employers whose men were either on a strike or locked out, the court taking the view that this created an unjust and unequal classification.

In the case of Fisk v. People, 188 Ill. 206 (1900) the court squarely took a view against the validity of an ordinance discriminating in favor of union labor upon local public works and said: "Under our constitution and laws, any man has a right to employ a workman to perform labor for him whether such workman belongs to a labor union or not, and any workman has a right to contract for the performance of labor irrespective of the question whether he belongs to a labor union or not." The case of the City of Chicago v. Hulbert, 205 Ill. 346 (1903) should also be cited in this connection, although the matter here related to the terms of an Act prohibiting the employment of aliens upon public works.

(5) In the case of Josma v. Western Steel Car and Foundry Co. 249 Ill. 508 (1911), the Supreme Court of Illinois held invalid legislation penalizing the employment of laborers from another community by misrepresentation as to the conditions of employment or the existence of a strike, saying that there was no distinction in this matter between laborers in another community and those in the same community, and that the classification was therefore invalid. A contrary view was taken by the Supreme Judicial Court of Massachusetts in the case of the Commonwealth v. Libbey, 216 Mass. 256 (1914). If legislation of the character held unconstitutional is desired in this state, a constitutional amendment for the purpose may be proposed, although it would seem possible to draft a law in such a way as to meet the objection raised by the court. If, as is contended by those favoring such legislation, the evil aimed at exists only with respect to the deceiving of laborers in another community, no harm would result

from the passage of legislation applicable to such deceit, irrespective of where the laborer might be.

(6) The subjects of old age and sickness insurance are discussed elsewhere in this bulletin. It is probable that constitutional provisions would be necessary to permit the enactment of legislation upon these subjects.

(7) Legislative power under the present constitution is pretty clearly not sufficient to authorize the State or its political subdivisions. embarking upon the construction of houses or upon numerous other types of governmental enterprises. A wide expansion of authority with respect to governmental undertakings has taken place in Arizona, Oklahoma, North and South Dakota, and a constitutional amendment has recently been adopted in Massachusetts authorizing the state in times of emergency to engage in the furnishing of certain necessaries. Municipal debt limitations in the present constitution would oftentimes prevent the engaging in industrial enterprises, even if constitutional provisions were construed not to prohibit such enterprises; but if it is desired to have the state or its political subdivisions embark upon the enterprises here under discussion, constitutional changes will probably be necessary.

(8) A constitutional amendment was adopted in Massachusetts in 1918 authorizing the control of billboards and public advertising. A similar proposal was rejected by the people of Ohio in 1912. These matters are commented upon in Bulletin No. 7, upon eminent domain and excess condemnation. A constitutional change may be necessary if it is desired to regulate this matter by legislation although a recent decision of the Supreme Court of United States has gone far towards sustaining the regulation of billboards, and this case went to the federal Supreme Court from the state of Illinois. (Cusack v. Chicago, 242 U. S. 526).

(9) Projects for the conservation of natural resources are now to a large extent within the state constitutional authority. Here again the problem is in part one of financing such projects, and this matter may require constitutional action if wider state and municipal powers are desired.

(10) The Court of Appeals of New York has sustained legislation limiting the night labor of women, (People v. Schweinler Press 214 N. Y. 395), and also legislation requiring a weekly day of rest in certain occupations.*

The labor party of Illinois desires that a new constitution "charge the legislature with the duty of providing by law for the reorganization of industries, impressing upon industries a co-operative character and providing for collective bargaining and for the election of labor members to boards of directors." It is questionable whether under the United States constitution legislation would be valid which interfered with the management of private industry and required the election of labor members to boards of directors of corporations. An economic tendency in the direction of greater co-operation between employers

People v. Klinck Packing Co., 214 N. Y. 121 (1915).

and employes in the management of industries is becoming apparent, and it may be that the courts will come to recognize the validity of legislation requiring such co-operation. It should of course be remarked that this matter has not been passed upon by the federal Supreme Court, and that future action in this field might be sustained, if taken. With respect to co-operative enterprises future legislation in Illinois has already done something by way of encouragement, and in the chapter of this bulletin dealing with corporations will be found a further comment upon the problem of co-operative organizations.

Certain decisions of the Supreme Court of Illinois have been subjected to criticism, but do not prevent legislation in the field to which they apply. For example the case of Starne v. People 222 Ill. 189 (1906) held invalid an act requiring washrooms in mines, but the legislation was held invalid upon the ground of an improper classification and later legislation upon the same matter has been upheld by the Supreme Court of Illinois (People v. Solomon, 265 Ill. 28, 1914). The case of Massie v. Cessna, 239 Ill. 352 (1909) held unconstitutional an act regarding the assignments of wages as security for money loans, but did not prevent legislation in this field.

III. HOUSING AND OWNERSHIP OF HOMES.

The development of industry in recent times has led to the concentration of population in cities with resulting overcrowding of dwellings and insanitary conditions, which frequently endanger the health of the entire community. The problem of securing sanitary homes for workingmen of small means has become acute in some of our larger cities. Various private and public agencies have interested themselves in this problem. Thus we find local, state, and national housing commissions, societies to promote the erection of workmen's dwellings, city and town planning commissions, and various organizations and commissions dealing with housing problems. The United States government found it necessary to embark upon large projects for the construction of houses to meet the needs of communities which increased rapidly in population because of war manufactures.

Constitutional authority now seems ample for the regulation of safety and sanitation in privately constructed houses although there may be some question as to the validity of zoning statutes which seek to preserve districts for purely residential purposes. The subject of zoning is discussed in Bulletin No. 7 on eminent domain and excess condemnation. The subject discussed in this chapter is that of direct governmental aid to improve housing conditions, through the construction of houses or through loans to individuals seeking to acquire homes.

Demonstration or experimental work in providing low cost homes. An appropriation of state funds to aid workers in acquiring homes was approved in Massachusetts in 1917. This appropriation was the result of an agitation begun as far back as 1908 for state aid in obtaining homes. A special commission was appointed to consider the matter and a number of laws bearing on the subject were enacted by the legislature. These various activities finally resulted in the formulation of a constitutional amendment which authorizes the condemnation of land to relieve congestion of population. The amendment was adopted in 1915 and reads as follows:

"The general court shall have power to authorize the commonwealth to take land and to hold, improve, sub-divide, build upon and sell the same, for the purpose of relieving congestion of population and providing homes for citizens: provided, however, that this amendment shall not be deemed to authorize the sale of such land or build

ings at less than the cost thereof." (Forty-third Article of Amendments.)

Legislation enacted in 1917 (chap. 310) and amended in 1918 (Chap, 204) gives the following powers to a homestead commission:

"Sec. 1. The homestead commission is hereby authorized, with the consent of the governor and council, to take or purchase in behalf of and in the name of the commonwealth, a tract or tracts of land for the purpose of relieving congestion of population and providing homesteads, or small houses or plots of ground, for mechanics, laborers, wage earners of any kind, or others, citizens of this commonwealth; and may hold, improve, subdivide, build upon, sell, repurchase, manage and care for such land and the buildings constructed thereon, in accordance with such terms and conditions as may be determined upon by the commission.

"Sec. 2. The commission may sell land acquired hereunder, or any part thereof, with or without buildings thereon, for cash, or upon such installments, terms and contracts, and subject to such restrictions and conditions as may be determined upon by the commission, and the commission may take mortgages upon said land with or without buildings thereon for such portion of the purchase price and upon such terms as it shall deem advisable, but no tract of land shall be sold for less than its cost, including the cost of any buildings thereon. All proceeds from the sale of land and buildings or other sources shall be paid into the treasury of the commonwealth."

The terms of the constitutional amendment and the statutes enacted for carrying its provisions into effect expressly discard any theory of charity or of absorption of excessive land values in home building.

The report of the homestead commission in 1917 urged that there were not enough wholesome low cost dwellings; that there was no prospect that present methods would ever supply enough, unless the state encouraged their construction; and that, therefore, the state should experiment to learn whether it is possible to build wholesome homes within the means of low paid workers.

In its recommendations the homestead commission asked for an appropriation sufficiently large to allow an experiment or demonstration to be made in providing low cost homesteads in the suburbs of cities and towns. In the language of the report: "The Commission repeats that it is not recommending that the Commonwealth enter the real estate business for the purpose of supplying wholesome homes for low-paid workers, no matter how great the social or individual need may be. It only recommends an appropriation for a single experiment or demonstration, to learn whether it is financially possible to supply such homes for workers, what are the principles and policies upon which such an undertaking should proceed, what are the dangers and what should be the limitations." .

Government aid to home owning in foreign countries. The methods of regulation differ greatly in detail in the different foreign