BULLETIN 
 
 -IfU 
 
 - 
 
 Labor Legislation 
 
 OF THE 
 
 Forty-Eighth General Assembly 
 
 OF THE 
 
 STATE OF ILLINOIS 
 
 PUBLISHED BY 
 
 The State Board of Commissioners of Labor 
 P. H. HART, Secretary 
 Springfield 
 
Sprinofibld, III. 
 
 ILLINOIS State Journal Co., State Printers 
 
 19 13 
 
l^ls 
 
 BOARD OF COMMISSIONERS OF LABOR 
 
 James T. Patterson^ President, Chicago. 
 Fkank B. Mott, Galesburg. 
 
 J. D. Petees, Carbondale. 
 
 James P. Kellett, Gillespie. 
 
 Charles Vallo, Mnrphysboro. 
 
 Secretary, 
 
 P. H. Hart, Springfield. 
 
State of Illinois 
 
 Office of the Bureau of Labor Statistics 
 
 Springfield, October 1, 1913^ 
 Honorable Edivard F. Dunne, Governor of Illinois. 
 
 Sir: I have the honor, on behalf of the Board of Commissioners 
 of Labor, to submit herewith the labor legislation of the Fortv-eio-hth 
 
 y O c' O 
 
 General Assembly of the State of Illinois. 
 
 Very respectfully, 
 
 Patrick H. Hart, Secretary 
 
TABLE OF CONTENTS 
 
 PAGE 
 
 Introductory. 7 ». 
 
 Chauffeurs protection from dust, wind, etc. 12 
 
 Convict labor on public roads, etc. 12 
 
 Explosives in coal mines. 13 
 
 ■ Fire departments, hours of employment. 14 
 
 Fire fighting equipment in coal mines. 15 
 
 Fire fighting and rescue stations in coal fields. 18 
 
 Free employment offices and agencies. 19 
 
 Headlights on locomotive engines. 20 
 
 Industrial board, compensation for accidental injuries or death. 20 
 
 Mason contractors’ and employing masons in cities of 150,000 or over. 41 
 
 Mechanics’ lein, Act of 1903 amended. 43 
 
 Miners examining board, revision. 46 
 
 Mining investigation commission. 49 
 
 Mines and mining. Act of 1911 revised. 51 
 
 Oil inspection. 70 
 
 Relief—Cherry mine sufferers, balance unexpended. 71 
 
 Relief—United Mine Workers of America, District No. 12, moneys. 73 
 
 Roads and bridges, revision of 1913. 74 
 
 Safety appliances. 131 
 
 Semi-monthly payment of wages and salaries by corporations for pecuniary profit. 132 
 
 Shot firers in mines—“Dead hole” defined. 133 
 
 Teachers’ pension fund in districts under special Acts. 133 
 
 Wage loan corporation, incorporation. 139 
 
 Wash rooms in certain employments. 141 
 
 Woman’s suffrage law. 142 
 
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 https://archive.org/details/laborlegislation00illi_0 
 
LABOR LEGISLATION OF THE FORTY-EIGHTH GENERAL 
 
 ASSEMBLY 
 
 This report shows all laws directly affecting labor enacted at the 
 last session of the Legislature. The number of laws passed by the 
 Assembly is large enough to merit very favorable commendation on the 
 part of all workers, and as all honest citizens are either manual or 
 intellectual workers, their commendation of those worthy of it will have 
 potent influence on future legislation relating to labor. There must 
 also be taken into consideration the fact that a deadlock existed for some 
 period of time over the election of United States Senators; as two had 
 to be elected under the old method of election by the General Assembly; 
 and which will not happen again owing to the change made in the 
 United States Constitution wherein it specifies that they shall be elected 
 by a direct vote of the people. 
 
 Having cleared this obstacle from the pathway, the Forty-eighth 
 General Assembly proceeded rapidly to enact more labor legislation than 
 any previous Assembly and accomplished this by well directed effort 
 and hard work. The true friends of labor who appeared before the 
 different committees of the Assembly were impressed with the activity 
 shown in their behalf by the members of the Forty-eighth General 
 Assembly and were cheered with the thought that any meritorious 
 measure passed in their behalf, which would remedy any adverse condi¬ 
 tion under which they labored, would receive prompt approval at the 
 hands of the Chief Executive, as he has always been found in the front 
 rank of those who advocate progressive legislation. 
 
 This assurance naturally encouraged the friends of labpr to redouble 
 their activities in presenting petitions to the Legislature for the 
 amelioration of their different adverse conditions. There were a few 
 of the bills presented that received adverse action; which will be passed 
 in the future when the Assembly has had time to contemplate their 
 possibilities and when the Assembly may revise their opinions relative 
 to constitutional objections regarding them. 
 
 Among the more important laws passed by the last Assembly was 
 House Bill Ho. 841 which entirely changed the Workmen's Compensa¬ 
 tion Law passed by the Forty-seventh General Assembly. 
 
 House Bill No. 841 
 
 In its revised form it contains many changes for betterment along 
 with the provision creating an industrial board of three members who 
 are to be appointed by the Governor with the advice and consent of the 
 Senate. 
 
8 
 
 The duties of this board will be to administer and enforce the pro¬ 
 visions of the Act and they are supreme in these powers and only charges 
 of fraud or questions of abstract law can be reviewed by the Supreme 
 Court. 
 
 The powers thus conferred mark very important changes for the 
 efficiency of administration as under the old Act petitions had to be 
 presented to the courts for appointment of arbitrators to decide disputes 
 under awards, etc. 
 
 Under the new Act these methods of procedure will be eliminated 
 as the board is clothed with powers sufficient to eliminate the necessity 
 for them and consequently it simplifies the process of this law. 
 
 The board ma}’ require the necessary legal evidence of financial 
 competency on the part of the employer vrho elects to operate under the 
 new Act that will forestall in some cases, any action on the part of the 
 emplo 3 "er to go into bankruptcy to evade the liability contracted through 
 such election. 
 
 There was considerable contention engendered relative to disfigure¬ 
 ment under the provisions of the old Act and great uncertainty as to 
 the proper amount of compensation to be paid in cases of that character 
 which permanently impaired the earning power of the worker, but a 
 classified schedule of indemnities is provided in the new Act. 
 
 While these specified indemnities may not appear adequate in many 
 cases owing to the differences that exist in the earning power of work¬ 
 men, yet it serves as a basis to work from and can be changed as 
 experience demonstrates the various changes necessary. It also expe¬ 
 dites settlement of claims of that character and this in itself is a very 
 commendable feature. 
 
 The Act extends the provisions relating to the term ^^employer” 
 and ^^employee’^ as it allows employers; not specified in the extra hazard¬ 
 ous class; to elect to accept the provisions of the law. 
 
 The maximum and minimum amounts for fatal and non-fatal 
 accidents remain as before, i. e. $3,500 and $1,500 for fatal; and $12 
 and $5 per week for non-fatal accidents. 
 
 Three niiembers constitute the board, not more than two of one 
 political party; term six years after the first one is appointed. One 
 ' member shall be a representative citizen from the employer class oper¬ 
 ating under the Act, one from the employees operating under the Act 
 and one not identified with either class, this one to be chairman of the 
 board. Salary $4,000 per annum in each case. 
 
 Like all legislation of similar nature there naturally exists sus¬ 
 picion as to its benefits in the minds of many, as the average human 
 being must always be convinced of the usefulness of any new idea, 
 especially when that idea disturbs the existing order of law or finance, 
 but as ail progress must have a basic point, we feel that the orkmeiTs 
 Compensation Law as passed by the Forty-eighth General Assembly is 
 a step forward toward the protection of the workers against adversity 
 caused bv" the hazards incident to their employment. 
 
 The spirit of the present time is one of rapid progress, and as we 
 have had an immigration of approximately 1,000,000 people a year for 
 the last ten A’ears from -countries where state insurance of the worker 
 is an accepted condition, it naturally follows that the compensation 
 
9 
 
 laws of this country in the near future will become more and more 
 identified with the idea of national insurance. 
 
 Senate Bill No. 133 
 
 This bill was strongly advocated by all the representatives of 
 organized labor but especially so by the railroad brotherhoods, as the 
 coal mining industry and building trades generally have semi-monthly 
 pay days and in some cases in the building trades, weekly pay days. 
 The railroads objected on the plea of added expense in making pay rolls, 
 etc., but a statement was presented by the committee representing the 
 railroad employees that the annual interest on deferred wages amounted 
 to $8,000,000 annually, and the railroad managers did not refute tliis 
 statement. 
 
 The Wabash and Baltimore & Ohio Kailways have shown advanced 
 ideas in regard to semi-monthly pay days as they announced their policy 
 to be two-week pays all over their systems regardless of the laws on the 
 subject in the various states in which they operate. 
 
 The Electric Headlight Bill was also passed but the Full Crew Law 
 fell by the wayside to help along the semi-montlily pay day. 
 
 House Bill No. 102 
 
 House Bill No. 102, which provides for wage loan associations and 
 limits the earnings on the capital stock of same to 6 per cent annually 
 provides that money may be loaned at a maximum rate of 3 per cent 
 per month or 36 per cent per annum, secured by assignment of wages 
 and was a step toward the elimination of the loan sharks, whose disre¬ 
 putable practices have received the greatest condemnation. 
 
 This law is some relief, but coupled with the semi-monthly pay day 
 will help the social condition of the worker, but until a weekly pay day 
 is established and the newspapers cease to accept loan shark advertise¬ 
 ments, it is hut one of the steps of the ladder of social reform. 
 
 House Bill No. 348 
 
 Some years ago. the Legislature passed a law demanding that coal 
 operators and owners provide wash houses for the use of their employees, 
 but the Supreme Court held it invalid for the reason that it specified 
 but one class of employees. The present Act meets with those objections. 
 as it applies to all workers whose employment make such facilities neces¬ 
 sary to the general health, comfort and safety, and it was advocated 
 strongly by all the representatives of labor hut especially so by the 
 original sponsors of the first law—the United Mine Workers—who also 
 secured the passage of House Bill No. 332, wliich is known as the Miners’ 
 Qualification Act. 
 
 This Act provides for a commission of three miners appointed by 
 the Governor whose duties are: to meet at proper places in various parts 
 of the State and examine applicants for certificates as practical miners 
 and all fees for certificates to he deposited with the State Treasurer. 
 This commission displaces all the county mine examining boards pro- 
 
10 
 
 vided for in the Act of 1908 and who were appointed by the county 
 judge and whose salaries and per diem were paid by the miners seeking 
 certificates in each county. 
 
 This law proved inadequate, as the miners’ organization assumed 
 the expenses of many county boards, owing to the fact that many county 
 boards were not self-sustaining. 
 
 House Bill No. 324 
 
 In connection with this old law, a bill. House Bill No. 324, was 
 passed, appropriating the sum of $3,355.14 to District No. 12, United 
 Mine Workers of America, reimbursing them for the amounts advanced 
 to the county boards. 
 
 House Bill No. 309 
 
 Creating the office of inspector of oil and gas wells, was vetoed by 
 the Governor on the advice of the Attorney General, owing to the fact 
 that it was defective in form, but House Bills 704-5-6-7-8-10, which 
 were the work of the Mining Investigation Co.mmission, were passed 
 and approved. 
 
 The changes made are important in many respects, as the provisions 
 relating to cross-cuts, and hour of' examining mine, etc. 
 
 Senate Bill No. 165 
 
 Section 1 creating free employment offices in cities having 50,000 
 or more population was amended by making same read, ^^contiguaus 
 cities whose aggregate or total population equals 50,000 or more” may 
 take advantage of. the law. 
 
 The city of Kockford, having established the fact of a population 
 o.f 50,000 or more, an office was created there and appropriation made 
 for same, but through some oversight the twin cities of Eock Island and 
 ^loline were not provided for in the general appropriation, but the 
 citizens of those cities established the fact of having the necessary popu¬ 
 lation and the Governor appointed the superintendent of that free 
 employment office, whose salary will be allowed by the statute. The 
 necessary amount required to establish the office pay, rent, etc., and 
 maintain this office until relief is furnished by the next Assembly, was 
 advanced by the new superintendent and his friends and was established 
 in Rock Island owing to its central location between Moline and Daven¬ 
 port, Iowa, just acrass tlie Mississippi River, a city of over 50,000 people. 
 Taking Rock Island as the center this office will serve at least 125,000 
 people within one hour’s ride and the Rockford office is the center of at 
 least 80,000. 
 
 These two offices now make the number of eight free employment 
 offices in this State: three in Chicago, one each in Peoria, East St. Louis, 
 Springfield, Rockford and Rock Island-Moline. 
 
11 
 
 Senate Bill Xo. 207 
 
 This bill provides that the members of fire departments in cities 
 and villages shall not be compelled to work more than ten hours in the 
 day or fourteen hours in the night time. Its operation depends on a 
 referendum vote of the cities adopting it. There is no provision made 
 for' penalty for violation so that it can be counted as a basis for future 
 legislation of this character which establishes further powers of the State 
 to prescribe a limit to the hours of human labor. 
 
 This law was advocated strongly by the committee from the Chicago 
 Fire Department especially^ but also received the endorsement of the 
 other members of the labor bodies. 
 
 There were other measures passed which received the endorsement 
 of the members of organized labor who worked together without friction 
 and, as before stated, the Forty-eighth General Assembly gave great 
 attention to labor legislation which was promptly signed by Governor 
 Dunne. 
 
 We therefore respectfully submit this pamphlet and add that these 
 new laws as shown here, along with such amendments to old laws as 
 were passed, wdll appear in the Eevised Labor Code of Illinois to July 
 1, 1913, prepared by this bureau. 
 
 Eespectfully, 
 
 Patrick H. Hart, Secretary 
 
12 
 
 CiiAUjjTEURS—P rotection from Dust, Wind, etc. 
 
 An Act to protect chauffeurs in their employment from dust, wind and 
 incleme^it weather. Approved June 27, 1913, in force July 1, 1913. 
 
 Section 1. Be it enacted hy the I^eople of the State of Illinois, 
 represented in the General AssemMy: Every person or corporation 
 owning, operating or controlling automobiles or auto trucks used for 
 the delivery of merchandise, produce or freight, shall keep upon the 
 front of the said automobiles or auto trucks a shield and hood as an 
 inclosure to protect chauffeurs from wind, dust and inclement weather. 
 
 § 2. Every person or corporation owning, operating or controlling 
 an automobile or auto truck who. shall neglect or refuse to comply with 
 the provisions of section 1 of this Act upon conviction shall be fined not 
 less than ten dollars nor more than fifty dollars for each and every day 
 and for each and every automobile or auto truck used and operated in 
 violation of section 1 of this Act. 
 
 Convict Labor on Public Eoads, Etc. 
 
 § 1. Employment of convicts or prisoners on § 2. Expenses for guarding convicts while work- 
 public roads, etc.—Application of com- ing. 
 
 missioners of highways, etc. 
 
 (Senate Bill No. 539. Approved June 28, 1913.) 
 
 An Act entitled, “An Act to authorize the employment of convicts and 
 prisoners in the penal and reformatory institutions of the State of 
 Illinois in the lyreparation of road building materials and in worhing 
 on the public roads.” 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That the commissioners of the 
 Northern Illinois Penitentiary, commissioners of the Southern Illinois 
 Penitentiary and the board of managers of the Pontiac Eeformatary of 
 the State of Illinois are hereby authorized and empowered to employ 
 convicts and prisoners in the penal and reformatory institutions of this 
 vState who are sentenced for terms o.f not more than five years, or who 
 liave not more than five years to serve to complete their sentence in 
 working on the public roads or in crushing stones or preparing other 
 road building materials at points outside the walls of the penal or reform¬ 
 atory institutions. Upon the written request of the commissioners of 
 highways of any township in counties under township organization or 
 the commissioners of highways or boards of county commissioners in 
 counties not under township organization, said penitentiary commission¬ 
 ers, and board of managers of the Pontiac Eeformatory shall detail such 
 convicts or prisoners as in its judgment shall seem proper not exceeding 
 
13 
 
 the number specified in said written request, for emplayment on the 
 public roads or in the preparation of road building materials, in the 
 township, road district or county requesting the same on such terms and 
 conditions as may be prescribed by the said penitentiary commissioners 
 or the board of managers of the Pontiac Reformatory. 
 
 § 2. The commissioners of highways or boards of county commis¬ 
 sioners, as the case may be, shall pay all additional expenses for guarding 
 such convicts while working on the public roads or in the preparation of 
 road building materials outside the walls of the penal or reformatory 
 institutions, in their respective townships, read districts or counties. 
 
 Approved June 28, 1913. 
 
 Explosives in Coal Mines 
 
 An Act to' 'promote the safet'y of persons and property in coal mines hy 
 
 regulating the character of permissible explosives sold^ to he used 
 
 in coal mines. 
 
 Section 1. Be it enacted hy the People of the State of Illinois, 
 represented in the General Assembly: That all permissible explosives 
 for use in blasting coal in the State of Illinois shall conform to the 
 following specifications: 
 
 (a) All permissible explosives offered for sale in the State of 
 Illinois shall have printed on each cartridge and individual package the 
 name of the manufacturer, the registered trade mark, brand, grade and! 
 a statement that it conforms in strength to that grade and brand estab¬ 
 lished by the United States Bureau of Mines. 
 
 (b) Each shipping case shall have marked on it the total weight 
 of explosives contained therein, and the average weight, length and * 
 diameter of each stick contained therein. 
 
 (c) Each shipping case containing permissible explosives shall be 
 marked ^Termissible Explosives.^^ 
 
 (d) Each ingredient of a permissible explosive shall not varjr 
 more than the permitted variation established by the United States 
 Bureau of Mines. 
 
 § 2. State mine inspectors, county mine inspectors, and the 
 accredited representatives of the coal operators and coal miners shall 
 have authority to sample permissible explosives used for blasting pur¬ 
 poses in coal mines in the State of Illinois, or kept on hand for sale, or 
 intended for shipment for use in such mines, and for such purposes, they 
 may enter upon the premises of any person, firm or corporation. 
 
 § 3. If the State mine inspectors, county mine inspectors, or the 
 accredited representatives of the coal operators or coal miners shall 
 desire to have said sample tested for content, they shall send the same 
 to the United States Bureau of Mines for that purpose. 
 
 § 4. When such samples are intended to be tested for content, 
 they must be taken at the mill or warehouse of the manufacturer or 
 manufacturer’s agent, or in the railroad car for shipment at said mill 
 or warehouse or the magazine at the mine, and said samples shall be 
 taken in accordance with the rules established by the United States 
 Bureau of Mines. 
 
14 
 
 § 5. If samples of permissible explosives when tested as provided 
 for in this Act shall be found not to comply with the provisions herein, 
 the person, firm or corporation guilty of violating the provisions of this 
 Act shall be prosecuted in accordance with the provisions hereof. 
 
 § 6. Permissible explosives shall be stored in magazines con¬ 
 structed in accordance with plans that shall be approved by the State 
 Mine Inspector of the district in which the.mine is located. 
 
 § 7. Every magazine shall be provided with a wooden floor which 
 shall be kept free from grit and dirt. If more than one kind of 
 explosive is kept in the same magazine, the magazine shall be divided 
 into rooms by partitions; the different kinds of explosives shall be kept 
 in different rooms, but no detonators, or blasting caps, or anj device 
 containing fulminating composition shall be kept in the same magazine 
 with any explosive. All detonaters, blasting caps or any device con¬ 
 taining fulminating composition shall be kept separate in a safe and 
 'dry receptacle apart from any other explosive. 
 
 § 8. Any person, firm or corporation changing any stamp, brand, 
 or specification denoting the contents of any package or cartridge shall 
 be subject to the penalties provided for herein. 
 
 § 9. Any person, firm or corporation who shall sell for use in the 
 coal mines in this State any permissible explosive not stamped as herein 
 required, or who shall knowingly sell for use in coal mines in this State 
 any permissible explosive which is untruthfully branded or stamped, 
 and any person, firm or corporation being a manufacturer of permissible 
 ‘explosives, or the agent of any such manufacturer of permissible 
 explosives, who shall sell for use in any coal mine in this State any 
 permissible explosive which, shall not conform to the requirements of 
 this Act, shall be punishable by a fine of not exceeding one hundred 
 dollars ($100) or by imprisonment in the county jail for not exceed¬ 
 ing ninety (90) days, or both, in the discretion of the court: Provided, 
 that nothing in this Act shall be construed to apply to permissible 
 explosives shipped prior to this Act taking effect. 
 
 Approved June 26, 1913. 
 
 Fire Departments—Hours of Employees 
 
 An Act to regulate the hours of labor of employees in the fire depart¬ 
 ment in cities and villages. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That in all cities and villages 
 which shall adopt this Act as herein provided for no employee of the 
 fife department shall be compelled to be on duty more than ten con¬ 
 secutive hours during the day time, nor more than fourteen consecutive 
 hours during the night time. 
 
 The head or chief officer of such department shall so arrange the 
 working hours of the employees of such department so that each employee 
 shall work, as near as may be, an equal number of hours per month: 
 Provided, however, that the head or chief efficer of such department, his 
 
16 
 
 aids or assistants^ in their discretion, in cases of great emergency 
 
 or necessity, require such employees to continue at their work or duties 
 until, in the judgment of such head or chief of the department, his 
 aids or assistants, the work or sendees of such employees is no longer 
 required. 
 
 § 2. The electors of any city or village may adopt the provisions 
 of this Act in the following manner: Whenever the legal voters in any 
 city or village equal in number to five (5) per cent of the legal votes 
 cast at the last preceding general city or village election shall petition 
 the city or village clerk, or the officer or officers whose duty it is to 
 prepare the ballots, to submit the proposition as to whether such city 
 or village shall adopt the provisions of this Act, then it shall be the 
 duty of such officer or officers to submit such proposition accordingly 
 at the next succeeding regular election, and if such proposition be not 
 adopted at such election the same may, in like manner, be submitted at 
 any regular election thereafter. 
 
 The proposition so to be voted for shall be prepared and provided 
 for in a separate and distinct ballot and in substantially the following 
 form: 
 
 For the adoption of the provisions of an Act 
 
 Yes 
 
 
 to regulate the working hours of employees in 
 
 
 
 the fire department. 
 
 No 
 
 
 If a majority of those electors in said city or village voting thereon 
 shall vote for the adoption of this Act, it shall thereby and thereupon be 
 adopted by and be in force in such city and village. 
 
 Approved June 26, 1913. 
 
 Fire Fighting Equipment in Coal Mines—Act of 1910 Amended 
 
 An Act amend sections 2 and 6 of an Act entitled, ''An Act to 
 require fire fighting equipment and other means for the prevention 
 and controUing of fires and the prevention of loss of life from fires 
 in coal mines/' approved and in force March 8, 1910, as amended' 
 hg Act approved and in force June 7, 1911. 
 
 Section 1. Be it enacted hg the People of the State of Illinois,, 
 represented in the General Assembly: That sections 2 and 6 of an Act 
 entitled, ^fi4n Act to require fire fighting equipment and other means 
 for the prevention and controlling of fires and the prevention of loss 
 of life from fires in coal mines,” approved and in force March 8, 1910,. 
 as amended by Act approved and in force June 7, 1911, be and the 
 same are hereby amended so as to read as follows: 
 
 § 2. (a) There shall be provided a supply of water for fighting 
 
 fire underground which shall have a head from a standing body in a 
 pipe, tank or pond. 
 
 (b) Such water supply shall be conducted into the mine in an 
 iron or steel pipe or pipes not less than two inches in diameter; which 
 shall have not less than two hose connections at the bottom of the 
 
16 
 
 hoisting shaft, and two hose connections at the bottom of the air and 
 oscapement shaft designated as such under the law, and two hose con¬ 
 nections in each stable which is located less than five hundred (500) 
 feet from the bottom of either of said shafts; and their shall be iron or 
 steel pipes not less than two inches in diameter in the entries and 
 passageways leading from the bottom of each of said shafts to such 
 extent and in such position that with one (1) fifty foot length of hose 
 the water may be carried into all such entries and passageways within 
 three hundred (300) feet from the bottom of each of said shafts and into 
 the corresponding area in slope and drift mines, such area to be desig¬ 
 nated in this Act as the fire protected area. 
 
 (c) Provided, that in mines having one hundred and twenty-five 
 {125) feet or less head at the bottom of the incoming supply pipe, the 
 incoming pipes and the pipes having hose connections shall be not less 
 than three (3) inches in diameter. The pipes in the mine shall have 
 hose connections not more than fifty (50) feet apart beginning at the 
 bottom of the incoming supply pipe or pipes. 
 
 (d) There shall be kept constantly on hand at the bottom of each 
 shaft where hose connections are required, in condition for immediate 
 use, not less than two (2) fifty (50) foot lengths of one and one-half 
 (1^) inch inside diameter linen hose or rubber-lined cotton hose, which 
 shall have been tested to a pressure of two hundred (200) pounds to 
 the square inch; all of such hose and the connections therefor on the 
 supply pipes shall have American standard iron pipe threads. The 
 nozzles on such hose shall be not less than three-eighths (%) nor more 
 than five-eighths (%) inch in diameter. 
 
 (e) Where any part of any passageway or other excavation within 
 one hundred and fifty (150) feet of the bottom of the hoisting shaft 
 or the air and escapement shaft designated as such under the law, and 
 in the corresponding area in slope or drift mines, is timbered, with 
 cribbing or more than one layer of lagging not including caps or wedges, 
 above the cross bars, there shall be two lines of automatic sprinklers 
 oh the under side of such timbering, attached to not less than one and 
 o];ie-half (1%) i^^h pipes connected with the fire fighting water supply, 
 and such sprinklers shall not be more than ten (10) feet apart. 
 
 (f) In cribbing or lagging as last aforesaid, which is more than 
 three (3) feet in vertical thickness, there shall be also, as near the top 
 thereof as is practicable, automatic sprinklers connected with the water 
 supply as last aforesaid and there shall be one such sprinkler for each 
 eight (8) feet square of horizontal area of such cribbing or lagging. 
 
 (g) In every underground stable, located within one thousand 
 (1,000) feet of the hoisting shaft or the air and escapement shaft desig¬ 
 nated as such under the law, there shall be not less than one (1) auto¬ 
 matic water sprinkler for each area eight (8) feet square in said stable; 
 such automatic sprinklers shall be connected with iron or steel pipes not 
 less than one and one-half (IV 2 ) inches in diameter along the roof^ or 
 ceiling in the stable, which shall be connected with the fire fighting 
 water supply. 
 
 (h) All automatic sprinklers shall be of the fusible plug type and 
 shall not require a temperature of more than one hundred and sixty-five 
 (165) degrees Fahrenheit to release the water. 
 
17 
 
 (i) In all imdergToimd stables other than those heretofore in this 
 Act referred to, there shall be kept barrels full of water and two metal 
 pails with each barrel. Such barrels shall be not more than fifty (50) 
 feet apart, and there shall be not less than two (2) barrels full of water 
 and two (2) metal pails with each barrel in each entry or passageway 
 into which such stable opens and not more than fifty (50) feet from 
 the opening of the stable. 
 
 (j) There shall also be one (1) not less than three (3) gallons 
 chemical fire extinguishers and two (2) not less than six (6) gallon 
 hand-pump buckets in each stable and in every entry or passageway 
 into which such stable opens not more than fifty (50) feet from the 
 opening of such stable: Provided, that in mines employing ten (10) 
 men or less underground, the chemical fire extinguishers shall not be 
 required. Such chemical fire extinguishers and hand-pump buckets 
 shall be kept filled and ready for use. 
 
 (k) Provided, however, that in coal mines in which less than ten 
 (10) men are employed, in which there are no stables, in lieu of said 
 water supply with pipes and hose, there may be substituted the follow¬ 
 ing: There shall be kept within the fire protected area in each such 
 mine, barrels full of water not more than fifty (50) feet apart, and ^vith 
 each barrel there shall be two metal buckets; and there shall also be kept 
 within said area not less than six (G) hand-pump buckets of not less 
 than six (6) gallons capacity, and said buckets shall be kept filled and 
 ready for use. 
 
 (l) A barrel within the meaning of this Act shall be any substan¬ 
 tial vessel holding not less than fifty (50) gallons. 
 
 (m) All mines shall have at least one, not less than three (3) 
 
 gallon chemical fire extinguisher,*and one not less than six (6) gallon 
 hand-pump bucket, including those hereinbefore in this Act required, 
 for each fifty (50) employees in the mine with a minimum of six (6) 
 extinguishers and six (6) pump buckets, kept at convenient places desig¬ 
 nated by the mine manager throughout the mine, and three (3) fire 
 extinguishers of three (3) gallons each in each building located within 
 one hundred (100) feet of any shaft, drift or slope, and such extin¬ 
 guishers shall be recharged once every six months and a record made of 
 the date of recharging in the mine examiner^s report book: Provided, 
 this does not apply to buildings constructed of fire-proof material. Such 
 
 extinguishers and buckets shall be kept filled and ready for use: Pro¬ 
 
 vided, that in mines employing ten (10) men or less underground, the 
 chemical fire extinguishers shall not he required. 
 
 (Section 2 amended and approved June 7, 1911.) 
 
 § 6. The following requirements also shall apply to all coal mines 
 developed within the State of Illinois after the passage of this Act: 
 
 ''Provided, that paragraphs (a) and (b) shall not apply to mines where 
 
 ten (10) men or less are employed.” 
 
 (a) The hoisting shaft and the air and escapement shaft desig¬ 
 nated as such under the law in shaft mines and the air and escapement 
 shaft nearest tlie main opening in slope or drift mines, shall be of fire¬ 
 proof construction, exce^^t that cage guides may be wood. All drifts and 
 slopes that are opened after the passage of this Act must be of fireproof 
 
 —2 L L 
 
18 
 
 construction for a distance of three hundred (300) feet from the 
 entrance: Provided, that this section shall not apply to shafts in actual 
 course of construction at the time this Act takes effect. 
 
 (b) The roof and walls of the passageways leading from the bot¬ 
 tom of the hoisting shaft and the air and escapement shaft designated 
 as such under the law, within a distance of three hundred (300) feet 
 from the bottom of either of said shafts, shall be of fireproof construc¬ 
 tion, except that the coal rib oj pilar may be used as a wall in such 
 passagew’ays. 
 
 (c) All underground stables and the openings therein shall be of 
 fireproof construction. 
 
 Stables in mines opened after the passage of this Act shall not be 
 located between the main and escapement shaft, or in direct line on the 
 ventilating current or on passageways leading to the escapement shaft 
 or shafts. 
 
 (d) At mines constructed in conformity with the requirements of 
 this section of this Act, the fire fighting equipment described in section 
 2, and the fire drill described in section 5 of this x4ct shall not be 
 required, except that there shall be kept at convenient places designated 
 by the mine manager, throughout each mine, one not less than three (3) 
 gallons chemical fire extinguisher and one not less than six (6) gallon 
 hand-pump bucket, for each fifty (50) employees in the mine with a 
 minimum of six (6) extinguishers and six (6) pump buckets, and such 
 extinguishers and buckets shall be kept filled and ready for use: Pro¬ 
 vided, that in mines employing ten (10) men or less underground, the 
 chemical fire extinguishers shall not be required. 
 
 Appeoved June 26, 1913. 
 
 Fire Fighting and Eescue Stations 
 (Act of 1910 amended.) 
 
 An Act to amend sections 5, 6, 8 and 9 of an Act entitled, ''An Act to 
 establish and maintain in the coal fields of Illinois mine fire fighting 
 and rescue stations,” approved March 4, 1910, in force July 1, 1910, 
 title as amended by Act approved June 5, 1911, in force July 1,1911. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That sections 5, 6, 8 and 9 of 
 an Act entitled, ^^An Act to establish and maintain in the coal fields of 
 Illinois mine fire fighting and rescue stations,’’ approved March 4, 1910, 
 in force July 1, 1910, title as amended by Act approved June 5, 1911, in 
 force July 1, 1911, be and the same are amended to read as follows: 
 
 § 5. The said commission shall appoint as manager of three sta¬ 
 tions and of their work, a man experienced in mining and mine engi¬ 
 neering. The manager shall, with the advice and consent of the said 
 commission, appoint for each station a superintendent and an assistant. 
 Each appointee shall serve for a term of two 3 'ears and until his suc¬ 
 cessor is appointed and' qualified, unless sooner discharged by the said 
 commission. Each appointee before entering upon the duties of his office 
 shall take and subscribe to the oath of office as provided by law. The 
 
19 
 
 manager shall, with the advice and consent of the commission, have 
 authority to pay for such assistants as may be needed in giving instruc¬ 
 tion in first aid to the injured and similar technical subjects, and such 
 other assistants and porters as may be needed from time to time to 
 properly carry on the work of said rescue stations and such rescue cars 
 as may be installed in connection with said stations, but not more than 
 two extra assistants and one porter shall be employed for each rescue car. 
 
 § 6. The manager shall receive two hundred and fifty dollars per 
 month; each station superintendent, one hundred and twenty-five dollars 
 per month; and each station assistant, one hundred dollars per month; 
 and each appointee shall receive his necessary and actual expenses. 
 
 § 8. Whenever the manager or the superintendent of any station 
 shall be notified by any responsible person that an explosion or accident 
 requiring his services has occurred at any mine in the State, he shall 
 proceed immediately with suitable equipment and on arrival at the said 
 mine shall superintend the work of the rescue corps in saving life and 
 property; and he shall co-operate with the State Mine Inspector and 
 the management of the mine in rescue work to such extent as is neces¬ 
 sary for the protection of human life in the mine, during such time 
 as members of the rescue corps are under ground and while there is 
 reasonable expectation that men entombed in the mine may be alive. 
 
 § 9. The commission shall prepare a biennial report to the Gov¬ 
 ernor and the General Assembly with necessary illustrations showing 
 the work performed and money expended by the mine rescue service; 
 and the State Board of Contracts is hereby directed to print and bind 
 said reports promptly, and to provide all necessary printing for the mine 
 rescue commission out of the appropriations for such board of contracts. 
 The Secretary of State shall assign to the use of the commission suitably 
 furnished rooms in the State House, and shall also furnish whatever 
 blanks, blank books, printing^ stationery, instruments and supplies the 
 commission may require in the discharge of its duties and for use of its 
 employees. 
 
 Approved June 27, 1913. 
 
 Free Employment Offices and Agencies—Location 
 
 An Act to amend section 1 of an Act entitled, “An Act relating to em- 
 ployment offices and agencies,” approved and m force May 11, 1903. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That section 1 of an Act entitled, 
 “An Act relating to employment offices and agencies,’^ approved and in 
 force May 11, 1903, be amended to read as follows: 
 
 § 1. That free employment offices are hereby created as follows: 
 One in each city of not less than fifty thousand population, one in two 
 or more contiguous cities or towns having an aggregate or combined 
 population of not less than fifty thousand population, and three in each 
 city containing a population of one million or over, for the purpose of 
 receiving applications of persons seeking employment and applications 
 of persons seeking to employ labor. Such offices shall be designated and 
 known as Illinois Free Employment Offices. 
 
 Approved June 21, 1913. 
 
20 
 
 Headlights ox Lucomotive Engines 
 
 Ax Act in relation to the equipment of locomotive engines ivitJi head¬ 
 lights and providing penalty for violation of same. 
 
 (Senate Bill No. 473. Approved June 26, 1913.) 
 
 Section 1. Be it enacted hy the Feople of the State of Illinois, 
 represented in the General Assembly: That all common carriers by 
 railroad, operating or doing business in this State, shall be required to 
 equip and maintain and use on all locomotive engines used by them in 
 passenger service, (except suburban passenger service) a headlight of 
 sufficient candle power, measured with the aid of a reflector, to throw 
 a light in clear weather that will enable the operator of same to plainly 
 discern an object the size of a man, upon the track, at a distance of 800 
 feet from the headlight; and upon all locomotive engines used by them 
 in freight service, exclusive of engines in switching, and transfer service, 
 with a headlight of sufficient candle power, measured with the aid of a 
 reflector to throw a light in clear weather that will enable the operator, 
 of same, to plainly discern an object the size of a man upon the track, 
 at a distance of 450 feet from the headlight; and upon all engines used 
 by them in switching, transfer, and suburban passenger service, with 
 a headlight of sufficient candle power, measured with the aid of a 
 reflector, to throw a light, in clear weather that will enable the operator 
 to plainly discern an object the size of a man upon the track, at a dis¬ 
 tance of 250 feet from the headlight: Provided, this Act shall not apply 
 to any locomotive engines running between sun up and sundown, or to 
 any locomotive engine, the equipment of which has failed during the 
 trip, providing it is shown that the equipment was in efficient and 
 effective working condition when the trip was begun. 
 
 § 2. That any common carrier by railroad violating any of the 
 provisions of this Act, shall be guilty of a misdemeanor and shall be 
 subject to a fine of not less than one hundred dollars ($100), nor more 
 than five hundred dollars ($500) for each offense. 
 
 Approved June 26, 1913. 
 
 Industrial Board=—Compensation for Accidental Injuries or 
 
 Death of 
 
 1. Any employer may elect to provide and 
 pay compensation for accidental injuries 
 or death of employees. 
 
 (a) Employer accepting Act to file notice 
 
 with Industrial Board. 
 
 (b) Bound as to all employees to Jan¬ 
 
 uary 1, next succeeding year, and 
 for years thereafter—employer may 
 elect not to pay compeiisation— 
 notice to be filed with board sixty 
 days prior to end of any calendar 
 year—same notice to be posted at 
 plant, shop, or working place of 
 employee. 
 
 (c) Employer electing to accept provi¬ 
 
 sions of Act—all employees bound 
 thereby—notice to contrary to be 
 filed within thirty days — em¬ 
 ployees may withdraw by filing 
 notice ten days prior to January 
 1st of any year. 
 
 (d) Employer or employee may with¬ 
 
 draw rejections by giving thirty 
 days’ notice. 
 
 Employees 
 
 § 2. Every employer whose business comes under 
 Act bound by its provisions unless notice 
 to contrary is filed and copy of said 
 notice furnished to employees. 
 
 § 3. (a) Employer rejecting Act liable in 
 action for damages—certain defenses 
 abrogated. 
 
 (d) Business enterprises Act enumerated. 
 
 § 4. Term "employer” defined—liabilit}’. 
 
 § 5. Term "employee” defined. 
 
 § 6. Employee under Act, dependent, or legal 
 representative, denied right to recover 
 except under Act. 
 
 § 7. (a) Compensation for injury resulting in 
 
 death—payable to widow or child¬ 
 ren—how computed—minimum and 
 maximum amounts. 
 
 (b) Compensation not payable under 
 paragraph (a)—to whom payable 
 defined. 
 
21 
 
 INDUSTRIAL BOARD—Co7^<mMed 
 
 (c) Compensation not payable nnder 
 
 paragraphs (a) and (b)—to whom 
 payable defined. 
 
 (d) Compensation not payable under 
 
 paragraphs (a) or (b) or (c)—burial 
 expenses paid. 
 
 (e) All compensation, in case of death, 
 
 paid in installments, same as wages, 
 were paid—exceptions. 
 
 (f) Compensation to be paid in case of 
 
 death, at option of employer—to 
 whom paid—hcfw distributed to 
 benefitciaries or heirs. 
 
 § 8. Compensation to employee for non-fatal 
 injury. 
 
 (a) Employer to provide first aid medical 
 
 and hospital services—employee 
 may elect to provide same. 
 
 (b) If incapacity for work exceeds six 
 
 working days compensation to be 
 paid, begirming on eighth day, and 
 continued—stipulations. 
 
 (c) Permanent disfigurements mentioned 
 
 —compensation fixed by agreement 
 or arbitration—provision as to pay¬ 
 ments. 
 
 (d) Partial permanent disability—com¬ 
 
 pensation to be paid—limitations to 
 time and amounts provided—em¬ 
 ployees returning to previous place 
 no bar to claiming compensation— 
 notice requhed. 
 
 (e) Employee to receive additional com¬ 
 
 pensation for temporary total in¬ 
 capacity— injuries enumerated — 
 compensation specified for classified 
 injuries—permanent disabilities de¬ 
 fined, others not excluded. 
 
 (f) Cases of complete disability—compen¬ 
 
 sation, amount of specified—when 
 paid—limitation of total amount— 
 life pension provision—amount of— 
 how paid. 
 
 (g) Should death occur from injury before 
 
 maximum amount is paid—em¬ 
 ployer to pay difference to heirs— 
 not less than $500. 
 
 (h) Compensation limited—complete disa¬ 
 
 bility excepted — conservator ap¬ 
 pointed for incompetent employee 
 injured. 
 
 (i) All compensation payable same in¬ 
 
 tervals as wages—exception. 
 
 § 9. Employer or employee may petition board 
 at any time for lump sum payment of 
 compensation—interested parties to ap¬ 
 pear before board—if best interest con¬ 
 served board will order compensation— 
 in cases of complete disability board will 
 not consider petition until six months 
 after accident—where necessary, guar¬ 
 dian, conservator or administrator ap¬ 
 pointed or proper application—employer 
 may petition for appointment of public 
 administrator, conservator or guardian 
 —when—if lump sum awarded is un¬ 
 satisfactory to either party, written ob¬ 
 jection to be filed within ten days—com¬ 
 pensation then payable as provided. 
 
 § 10. Basis for computing compensation named 
 in sections 7 and 8. 
 
 (a) Earnings under same employer con¬ 
 
 tinuously for preceding year, basis 
 of compensation. 
 
 (b) Meaning of “same employer”—grade 
 
 of work at time of accident—no 
 absence for work^—causes. 
 
 (c) Employment not continuous for full 
 
 year with same employer—how com¬ 
 pensation computed. 
 
 (d) Employee not regularly employed— 
 
 computation. 
 
 (e) Employments operating only parts 
 
 of year—how earnings of employees 
 mav be computed. 
 
 (f) Employee earning no wages or less 
 
 than day laborers, same employ¬ 
 ment — yearly wages — how com¬ 
 puted. 
 
 (g) Earnings based on hours comprising 
 
 prevailing days’ work—extra earn¬ 
 ings excluded. 
 
 (h) Employee receiving compensation— 
 
 again injured—subsequent compen¬ 
 sation how apportioned. 
 
 (i) Compensation by installment periods 
 
 —how determined. 
 
 § 11. Employer’s responsibility for injury or 
 death of employee. 
 
 §12. Employee injured entitle to compensation 
 —submit to examination by surgeon 
 selected by employer—time—place—ex¬ 
 pense-second and subsequent examina¬ 
 tions—purpose—conditions—surgeon pro¬ 
 vided by employee to be present—re¬ 
 fusal of employee or obstruction to ex¬ 
 amination-rights to compensation sus¬ 
 pended. 
 
 § 13. Industrial Board appointed by Governor- 
 confirmed by Senate—qualification—not 
 more than two members to be of same 
 political party. 
 
 § 14. Salaries of members of board—secretary- 
 assistants and clerical help—official seal. 
 
 § 15. Jurisdiction of board—operation—control- 
 duties. 
 
 § 16. Board to make rules and orders governing 
 duties—manifestly reasonable — proced¬ 
 ure before board simple and brief—board 
 or members administer oaths—subpoenas 
 —examine witnesses, books, papers, rec¬ 
 ords, places and premises—when. 
 
 § 17. Board to furnish blank forms for use of em¬ 
 ployer and employee—keep indexed rec¬ 
 ord—date of employer filing notice de¬ 
 clining provisions of Act or wdthdrawing 
 same—same record for employee—other 
 notices to be recorded — proceedings 
 recorded of all orders, awards and arbi¬ 
 trations—other necessary books and rec¬ 
 ords kept in office of board. 
 
 § 18. Board to determine all questions arising 
 not settled by agreement of parties—ex¬ 
 ceptions. 
 
 § 19. Disputed questions between employer and 
 employee, how determined. 
 
 (a) Board when notified of failure of agree¬ 
 
 ment, to notify both parties to ap¬ 
 point representatives on committee 
 of arbitration—board designates one 
 of its number or an agent to act as 
 chairman—either party failing to 
 appoint member of committee with¬ 
 in seven days, board to appoint per¬ 
 son to fill vacancy—notice given— 
 expenses of such appointee—how 
 paid. 
 
 (b) Committee of arbitration—powers— 
 
 investigations — examine books, 
 papers, records, premises—hearings 
 held in vicinity of injury—ten days’ 
 notice of time and place given to all 
 parties—decisions of committee filed 
 with board—board to send copy to 
 each party with date of filing— 
 petition for review by either pdrty 
 filed with board within fifteen days 
 —party petitioning to file with 
 
22 
 
 INDUSTRIAL BOARD —Continued 
 
 board within twenty days agreed 
 statement of facts on hearing steno¬ 
 graphic report—decision of board 
 entered of record—board may for 
 cause grant further time to petition 
 for review, file agreed statement or 
 stenographic report—agreed state¬ 
 ment or stenographic report to bear 
 signatures of both parties or attor¬ 
 neys—parties or attorneys disagree¬ 
 ing to steno^aphic report—authen¬ 
 ticated by signature of chairman of 
 committee. 
 
 (c) Board may employ qualified physi¬ 
 
 cian to examine injured employee 
 and report—fee not to exceed five 
 dollars and expenses—additional 
 amounts allowed by board—when 
 —fees and payments—services of at¬ 
 torneys and physicians authorized 
 under Act—subject to review and 
 decision of board on request of em¬ 
 ployer, employee or beneficiary. 
 
 (d) Injured employee persisting in im- 
 
 sanitary or hajurious practices, tend¬ 
 ing to retard recovery—refusing es¬ 
 sential medical treatment—board 
 may reduce or suspend compen¬ 
 sation. 
 
 (e) When petition for review and agreed 
 
 statement are filed—board to review 
 decision of committee and facts in 
 cormection therewith—may hear ad¬ 
 ditional evidence—board will file 
 decision on review—each party fur¬ 
 nished copy—board names place of 
 holding review and hearing—within 
 twenty days or further time if 
 granted by board, either party maj^ 
 file authenticated agreed statement 
 appearing at hearing—disagreement 
 of parties—chairman of board au¬ 
 thenticates—all statements filed of 
 proceedings and hearings before 
 committee or board become part 
 of record. 
 
 (f) Decision of board, paragraph (e) and 
 
 committee, approved by board, tu 
 absence of fraud, conclusive—Su¬ 
 preme Court power to review— 
 aggrieved party may apply within 
 thirty days after notice of decision 
 or after filing agreed statement for 
 certiorari, mandamus or other pro¬ 
 cess permissible—decision of two 
 members of board or committee 
 determines all questions. 
 
 (g) Either party may present to proper 
 
 court certified copy of decision of 
 board where no review taken; or of 
 committee where no claim for re- 
 \uew made; or of board after hearing 
 on review, providing for compensa¬ 
 tion—court will render judgment— 
 employer not instituting proceed¬ 
 ings for review, and refusing to pay 
 compensation as awarded, court to 
 tax all court costs and attorney fees 
 in arbitration and court entering 
 judgment, in favor of person for 
 whom judgment was entered—said 
 judgment and costs, unless set aside, 
 has same effect as rendered in any 
 action and be entered and docketed 
 —circuit court to have power on 
 applications to make its judgment 
 coifiorm to modifications of Supreme 
 Comt or proceedings for review im- 
 der Act—employer to have fifteen 
 days’ notice of time and place of 
 application for entry of judgment 
 —served by filing with board—copy 
 sent to employer or agent of board— 
 judgment not entered if employer 
 
 files required bond with board for 
 payment of award—failure to prose¬ 
 cute—proceedings for review of de¬ 
 cision-decision affirmed. 
 
 (h) Agreement for payment of compensa¬ 
 
 tion by installments—reviewed by 
 board within eighteen months—re¬ 
 quest made by either employer or 
 employee—basis for such review— 
 compensation payments—how ef¬ 
 fected—board to give fifteen days’ 
 notice of hearings—employer filing 
 petition for review—employee to 
 have special notice enabling 'him to 
 attend hearings—limited mileage 
 paid—if allowed by board—costs 
 deposited by employer. 
 
 (i) Either party taking action for pro¬ 
 
 ceedings before board or any com¬ 
 mittee or court, must file with board 
 address or name and address of 
 agent; notices served personally or 
 by registered mail—address not 
 filed, service had by filing notice 
 with board. 
 
 § 20. Board to report to Governor June 20th 
 aimually—scope of report—special bulle¬ 
 tins issued. 
 
 § 21. No iiayment, claim or award under Act 
 assignable or liable in any manner—in 
 case of insolvency of employer, certified 
 copy of decision of board for compensa¬ 
 tion may be filed with coimty recorder 
 of anv county—becomes paramount lien 
 on all property of employer in county 
 —wages and taxes excepted—lien en¬ 
 forced by court—right to receive com¬ 
 pensation extinguished by death of em¬ 
 ployee or heirs—subject to provisions for 
 compensation for death in course of em¬ 
 ployment. 
 
 § 22. Fraud presumed for any a^eement made 
 within seven days after injm-y by em¬ 
 ployer or representative with employee 
 or beneficiaries for any claim under Act. 
 
 § 2.3. No employee, representative or beneficiary 
 has power to waive provisions of Act 
 relating to compensation. 
 
 § 24. Proceedings for compensation—employer 
 to be given notice of accident soon as 
 practicable—not later than thirty days 
 thereafter—mental incapacity of employee 
 within six months—no defect in notice 
 a bar to employee maintaining proceed¬ 
 ings—employer must prove prejudice for 
 any defect m notice of employee—sub¬ 
 stance of notice to employer—employer 
 not relieved from liability—when—claim 
 for compensation to be made within six 
 months after accident. 
 
 § 25. Liability of employer for compensation 
 may be relieved by board. 
 
 (a) Depositing computed value. 
 
 (b) Purchase of annuity. 
 
 § 26. Employer to file with board statement of 
 financial ability to pay compensation- 
 other requirements. 
 
 § 27. Insurance maintained by employer or em¬ 
 ployee not disturbed by Act. 
 
 (b) Existing insurance cannot be discon¬ 
 
 tinued until all obligations are dis¬ 
 charged. 
 
 (c) Employee imder contract to pay 
 
 premium on insurance against com¬ 
 pensation of Act, null and void— 
 employer not to withhold wages— 
 penalty. 
 
23 
 
 INDUSTKIAL 'ROKRJ)—Concluded 
 
 § 28. Inability of employee to recover compen¬ 
 sation from employer—subrogated to all 
 rights of employer against insurance com¬ 
 pany—insurance company to pay em¬ 
 ployee. 
 
 § 29. Injury or death of employee not proxim- 
 ately caused by negligence of employer 
 or employees, but caused by some other 
 person, under the Act, legally liable— 
 right of employee to recover—proceedings 
 when person legally liable, not under 
 Act. 
 
 § 30. Employer to send board immediate report 
 of fatal accident—other reports between 
 15th and 25th of each month—further 
 report in case of permanent disability— 
 what reports shall contain—no other re¬ 
 port to be made to State officer. 
 
 (House Bill No. 841. 
 
 § 31. Persons sub-contracting to do work must 
 furnish bond to employer to secure lia¬ 
 bility for accident to employee. 
 
 § 32. Right of action for damages under existing 
 laws, at time this Act takes effect, not 
 disturbed. 
 
 § 33. Penalty for failure to comply with any pro¬ 
 visions of Act punishable by fine from 
 $10 to $500 at the discretion of the court. 
 
 § 34. Invalidity of any part of Act not to affect 
 any other valid portion thereof. 
 
 § 35. Act of 1911 repealed. 
 
 Appkoved June 28,1913.) 
 
 An Act to promote the general welfare of the people of this State hy 
 providing compensation for accidental injuries or death suffered in 
 the course of employment within this State; providing for the en¬ 
 forcement and administering thereof, and a penalty for its violation, 
 and repealing an Act entitled, ‘"An Act to promote the general wel¬ 
 fare of the people of this State . hy providing compensation for 
 accidental injuries or deatU suffered in the course of employment/^ 
 approved June 10, 1911, in force May 1, 1912. 
 
 Section 1. Be it enacted hy the People of the State of Illinois, 
 represented in the General Assemhly: That any employer in this State 
 may elect to provide and pay compensation for accidental injuries sus¬ 
 tained by any employee arising out of and in the course of the employ¬ 
 ment according to the provisions of this Act, and thereby relieve him¬ 
 self from any liability for the recovery of damages, except as herein 
 provided. 
 
 (a) Election by an employer to provide and pay compensation 
 according to the provisions of this Act shall be made by the employer . 
 filing notice of such election with the Industrial Board. 
 
 (b) Every employer within the provisions of this Act who has 
 elected to provide and pay compensation according to the provisions of 
 this Act shall be bound thereby as to all his employees covered by this 
 Act until January 1st of the next succeeding year and for terms of each 
 year thereafter: Provided, any such employer may elect not to provide 
 and pay the compensation herein provided for accidents resulting in 
 either injury or death and occurring after the expiration of any such 
 calendar year by filing notice of sncli election with the Industrial Board 
 at least sixty days prior to the expiration of any such calendar year, 
 and by posting such notice at a conspicuous place in the plant, shop, 
 office, room, or place where such employee is emplo 3 ^ed, or by personal 
 service, in written or printed form, upon such employee, at least sixty 
 days prior to the expiration of any such calendar year. 
 
 (c) In the event any employer elects to provide and pay the com¬ 
 pensation provided in this Act, then every employee of such employer, 
 as a part of his contract of hiring or who may be employed at the time 
 of the taking effect of this Act and the acceptance of its provisions by 
 the employer, shall be deemed to have accepted all the provisions of this 
 
24 
 
 Act and shall be bound thereby unless within thirty days after such 
 hiring or after the taking effect of this Act, and its acceptance by the 
 employer, he shall file a notice to the contrary with the Industrial Board, 
 whose duty it shall be to immediately notify the employer, and if so 
 notified, the employer shall not be deprived of any common law or 
 statutory defenses existing but for this Act; and until such notice to 
 the contrary is given to the employer, the measure of liability of the 
 emplo 3 ^er shall be determined according to the compensation provisions 
 of this Act: Provided, however, that any employee may withdraw 
 from the operation of this Act upon filing a written notice of withdrawal 
 at least ten days prior to January 1st of any year with the Industrial 
 Board, whose duty it shall be to immediately notify the employer by 
 registered mail, and, if so notified, the employer shall not be deprived 
 of any common law or statutory defenses existing but for this Act, and 
 until such notice to the contrary is given to the employer, the measure 
 of liability of the employer shall be determined according to the com¬ 
 pensation provisions of this Act. 
 
 (d) Any employer or employee ma^^, without prejudice to any 
 existing right or claim, withdraw his election to reject this Act by giving 
 thirty days’ written notice in such manner and form as may be provided 
 by the Industrial Board. 
 
 § 2. Every employer enumerated in section 3, paragraph (b), 
 shall be conclusively presumed to have filed notice of his election as 
 provided in section 1, paragraph (a), and to have elected to provide and 
 pay compensation according to the provisions of this Act, unless and 
 until notice in writing of his election to the contrary is filed with the 
 Industrial Board and unless and until the employer shall either furnish 
 to his employee personally or post at a conspicuous place in the plant, 
 shop, office, room or place where such employee is to be employed, a 
 copy of said notice of election not to provide and pay compensation 
 according to the provisions of this Act; which notice of non-election if 
 filed and posted as herein provided, shall be effective until withdrawn ; 
 and such notice of non-election may be withdrawn as provided in this 
 Act. 
 
 § 3. (a) In any action to recover damages against an employer, 
 
 engaged in any of the occupations, enterprises or business enumerated 
 in paragraph (b) of this section, who shall elect not to provide and 
 pay compensation to any employee, according to the provisions of this 
 Act, it shall not be a defense, that: 
 
 Firfit —The employee assumed the risks of the employment; 
 
 Second —The injury or death was caused in whole or in part by 
 the negligence of a fellow-servant; or 
 
 Third —The injury or death was proximatelv caused by the con¬ 
 tributory negligence of the employee. 
 
 (b) The provisions of paragraph (a) of this section shall only 
 apply to an employer engaged in any of the following occupations, 
 enterprises or businesses, namely: 
 
 1. The building, maintaining, repairing or demolishing of any 
 structure; 
 
 2. Construction, excavating or electrical work; 
 
25 
 
 3. Cari’iage by land or water and loading and unloading in con¬ 
 nection therewith; 
 
 4. The operation of any warehouse or general or terminal store 
 houses; 
 
 5. Mining, surface mining or quarrying; 
 
 (]. Any enterprise in which explosive materials are manufactured, 
 handled or used in dangerous quantities; 
 
 7. In any enterprise wherein molten metal, or explosive or 
 injurious gases or vapors, or inflammable vapors or fluids, or corrosive 
 acids, are manufactured, used, generated, stored or conveyed in 
 dangerous quantities; 
 
 8. In any enterprise in which statutory or municipal ordinance 
 regulations are now or shall hereafter be imposed for the regulating, 
 guarding, use or the placing of machinery or appliances, or for the pro¬ 
 tection and safeguarding of the employees or the public therein; each 
 of which occupations, enterprises or businesses are hereby declared to 
 be extra-hazardous. 
 
 § 4. The term ^‘Tmployer’^ as used in this Act shall be construed 
 to be: 
 
 First —The State and each county, city, town, township, incorpo¬ 
 rated village, school district, body politic, or municipal corporation 
 therein. 
 
 Second —Every person. Arm, public or private corporation, including 
 hospitals, public service, eleemosynary, religious or charitable corpora¬ 
 tions or associations who has an}^ person in service or under any con¬ 
 tract for hire, express or implied, oral or written, and who, at or prior 
 to the time of the accident to the employee for which compensation 
 under this Act may be claimed, shall in the manner provided in this 
 Act have elected to become subject to the provisions of this Act, and 
 who shall not, prior to-such accident, have effected a withdrawal of such 
 election in the manner provided in this Act. 
 
 § 5. The term ^‘^employee’^ as used in this Act sliall be construed 
 to mean: 
 
 First —Every person in the service of the State, county, city, town, 
 township, incorporated village or school district, body politic, or munici¬ 
 pal corporations therein, under appointment, or contract of hire, express 
 or implied, oral or written, except any official of the State, or of any 
 county, city, town, township, incorporated village, school district, body 
 politic or municipal corporation therein; and except any employee 
 thereof for whose accidental injury or death arising out of and in the 
 course of his employment compensation or a pension shall be payable to 
 him, his personal representative, beneficiaries or heirs, from any pension 
 or benefit fund to which the State, or any county, city, town, township, 
 incorporated village, school district, body politic or municipal corpora¬ 
 tion therein contributes in whole or in part: Provided, that one employed 
 by a contractor who has contracted with the State, or a county, city, 
 town, township, incorporated village, school district, body politic or 
 municipal corporation therein, through its rej^resentatives, shall not be 
 considered as an employee of the State, county, city, town, township, 
 incorporated village, school district, body politic or municipal corpora¬ 
 tion which made the contract. 
 
26 
 
 Second —Every person in the service of another under any contract 
 of hire, express or implied, oral or written, including aliens, and minors 
 who are legally permitted to work under the laws of the Staie, who, for 
 the purpose of this Act, shall be considered the same and have the same 
 power to contract, receive payments and give quittances therefor, as adult 
 employees, but not including any person whose employment is but casual 
 or who is not engaged in the usual course of the trade, business, pro¬ 
 fession or occupation of his employer: Provided, that employees shall 
 not be included within the provisions of this Act when excluded by the 
 laws of the United States relating to liability of employers to their 
 employees for personal injuries where such laws are held to be exclusive. 
 
 § 6. No common law or statutory right to recover damages for 
 injury or death sustained by any employee while engaged in the line of 
 his duty as such employee other than the compensation herein provided 
 shall be available to any employee who is covered by the provisions of 
 this Act, to any one wholly or partially dependent upon him, the legal 
 representatives of his estate, or any one otherwise entitled to recover 
 damages for such injury. 
 
 § 7. The amount of compensation which shall be. paid for an 
 injury to the employee resulting in death shall be: 
 
 (a) If the employee leaves any widow, child or children whom he 
 was under legal obligation to support at the time of his injury, a sum 
 equal to four times the average annual earnings of the employee, but 
 not less in any event than one thousand five hundred dollars and not 
 more in any event than three thousand five hundred dollars. Any com¬ 
 pensation payments other than necessary medical, surgical or hospital 
 fees or services shall be deducted in ascertaining the amount payable 
 on death. 
 
 (b) If no amount is' payable under paragraph (a) of this section 
 and the employee leaves any widow, child, parent, grandparent or other 
 lineal heir, to whose support he had contributed within four years pre¬ 
 vious to the time of his injury, a sum equal to four times the average 
 annual earnings of the employee, but not less in any event than one 
 thousand five hundred dollars and not more in any event than three 
 thousand five hundred dollars. Any compensation payments other than 
 necessary medical, surgical or hospital fees or services shall be deducted 
 in ascertaining the amount payable on death. 
 
 (c) If no amount is payable under paragraph (a) or (b) of this 
 section and the employee leaves collateral heirs dependent at the time of 
 the injury to the employee upon his earnings, such a percentas^e of the 
 sum provided in paragraph (a) of this section as the average annual 
 contributions which the deceased made to the support of such collateral 
 dependent heirs during the two years preceding the injury bears to his 
 earnings during such two years. 
 
 (d) If no amount is payable under paragraph (a) or (b) or (c) 
 of this section, a sum not to exceed one hundred and fifty dollars for 
 burial expenses. 
 
 (e) All compensation except for burial expenses, provided for in 
 this section to be paid in case injury results in death, shall be paid in 
 installments equal to one-half the average earnings, at the same intervals 
 at which the wages or earnings of the employee were paid; or if this shall 
 
27 
 
 not be feasible, then the installments shall be paid weekly: Provided, 
 such compensation may be paid in a lump sum upon petition as provided 
 in section 9 of this Act. 
 
 (f) The compensation to be paid for injury which results in death, 
 as provided in this section, shall be paid at the option of the employer 
 either to the personal representative of the deceased employee or to his 
 beneficiaries, and shall be distributed to the heirs who formed the basis 
 for determining the amount of compensation to be paid by the employer, 
 the distributees^ shares to be in the proportion of their respective depend¬ 
 ency at the time of the injury on the earnings of the deceased: Pro¬ 
 vided, that, in the judgment of the court appointing the personal 
 representative, a child’s distributive share may be paid to the parent for 
 the support of the child. The payment of compensation by the 
 employer to the personal representative of the deceased employee shall 
 relieve him of all obligations as to the distributio*n of such compensation 
 so paid. The distribution by the personal representative of the compen¬ 
 sation paid to him by the employer shall be made pursuant to,the order 
 of the court appointing him. 
 
 § 8. The amount of compensation which shall be paid to the 
 employee for an injury not resulting in death shall be: 
 
 (a) The emjhoyer shall provide necessary first aid medical, sur¬ 
 gical and hospital services; also medical, surgical and hospital services 
 for a period not longer than eight weeks, not to exceed, however, the 
 amount of $200. The employee may elect to secure his own physician, 
 surgeon or hospital services at his own expense. 
 
 (b) If the period of temporary total incapacity for work lasts for 
 more than six working days, compensation equal to one-half the earnings, 
 but not less than $5 nor more than $12 per week, beginning on the 
 eighth day of such temporary total incapacity, and continuing as long 
 as the temporary total incapacity lasts, but not after the amount of 
 compensation paid equals the amount which would have been payable as 
 a death benefit under paragraph (a), section 7, if the employee had died 
 as a result of the injury at the time thereof, leaving heirs surviving as 
 provided in said paragraph (a), section 7. 
 
 (c) Tor any serious and permanent disfigurement to the hands, 
 head or face, the employee shall be entitled to compensation for such 
 disfigurement, the amount to be fixed by agreement or by arbitration in 
 accordance with the provisions of this Act, which amount shall not 
 exceed one-quarter of the amount of the compensation which would have 
 been payable as a death benefit under paragraph (a), section 7, if the 
 employee had died as a result of the injury at the time thereof, leaving 
 heirs surviving, as provided in said paragraph (a), section 7: Provided, 
 that no compensation shall be payable under this paragraph where com¬ 
 pensation is payable under paragraphs (d), (e) or (f) of this section. 
 
 (d) If, after the injury has been sustained, the employee as a 
 result thereof becomes partially, though permanently incapacitated from 
 pursuing his usual and customary line of employment, he shall, except 
 in the cases covered by the specific schedule set forth in paragraph (e) 
 of this section, receive compensation, subject to the limitations as to 
 time and maximum amounts fixed in paragraphs (b) and (h) of this 
 section, equal to one-half of the difference between the average amount 
 
28 
 
 which he earned before the accident, and the average amount which he 
 is earning or is able to earn in some suitable employment or business 
 after the accident. In the event the employee returns to the employ¬ 
 ment of the employer in whose service he was injured, the employee 
 shall not be barred from asserting a claim for compensation under this 
 Act: Provided, notice of such claim is filed with the Industrial Board 
 within eighteen months after he returns to such employment, and the 
 said board shall immediately send to the employer, by registered mail, a 
 copy of such notice. 
 
 (e) For injuries in the following schedule, the employee shall 
 receive in addition ta compensation during the period of temporary 
 total incapacity for work resulting from such injury, in accordance with 
 the provisions of paragraphs (a) and (b) of this section, compensation, 
 for a further period, subject to the limitations as to time and amounts 
 fixed in paragraphs (b) and (h) of this section, for the specific loss 
 herein mentioned, as follows, but shall not receive any compensation 
 under any other provision of this Act: 
 
 For the loss of a thumb, or the permanent and complete loss of its 
 use, fifty per centum of the average weekly wage during sixty weeks; 
 
 For the loss of a first finger, commonly called the index finger, or 
 the permanent and complete loss of its use, fifty per centum of the 
 average weekly wage during thirty-five weeks; 
 
 For the loss of a second finger, or the permanent and complete loss 
 of its use, fifty per centum of the average weekly wage during thirty 
 weeks; 
 
 For the loss of a third finger, or the permanent and complete loss 
 of its use, fifty per centum of the average weekly wage during twenty 
 weeks; 
 
 For the loss of a fourth finger, commonly called the little finger, or 
 the permanent and complete loss of its use, fifty per centum of the 
 average weekly wage during fifteen weeks; 
 
 The loss of the first plalange of the thumb, or of any finger, shall 
 be considered to be equal to the loss of one-half of such thumb, or finger, 
 and compensation shall be one-half the amounts above specified; 
 
 The loss of more than one phalange shall be considered as the loss 
 of the entire finger or thumb: Provided, hoivever, that in no case shall 
 the amount received for more than one finger exceed the amount pro¬ 
 vided in this schedule for the loss of a hand; 
 
 For the loss of a great toe, fifty per centum of the average weekly 
 wage during thirty weeks; 
 
 For the loss of one or more of the toes other than the great toe, 
 fifty per centum of the average weekly wage during ten weeks; 
 
 The loss of the first phalange of any toe shall be considered to be 
 equal to the loss of one-half of such toe, and compensation shall be one- 
 half of the amount above specified; 
 
 The doss of more than one phalange shall be considered as the loss 
 of the entire toe; 
 
 For the loss of a hand, or the permanent and complete loss of its 
 use, fifty per centum of the average weekly wage during one hundred 
 and fiftv weeks; 
 
29 
 
 For the loss of an arm^ or the permanent and complete loss of its 
 use, fifty per centum of the average weekly wage during two hundred 
 weeks; 
 
 For the loss of a foot, or the permanent and complete loss of its 
 use, fifty per centum of the average weekly wage during one hundred 
 and twenty-five weeks; 
 
 For the loss of a leg, or the permanent and complete loss of its use, 
 fifty per centum of the average weekly wage during one hundred and 
 seventy-five weeks; 
 
 For the loss of the sight of an eye, fifty per centum of the average 
 weekly wage during one hundred weeks; 
 
 The loss of both hands or both arms, or both feet, or both legs, or 
 both e 3 ^es, or of any two thereof, shall constitute total and permanent 
 disability, to be compensated according to the compensation fixed by 
 paragraph (f) of this section: Provided, that these specific cases of 
 total and permanent disability shall not be construed as excluding other 
 cases. 
 
 (f) In the case of complete disability which renders the employee 
 wholly and permanently incapable of work, compensation equal to 50 
 per cent of his earnings, but not less than $5, nor more than $12 
 per week, commencing on the day after the injury and continuing until 
 the amount paid equals the amount which would have been payable as 
 a death benefit under paragraph (a), section 7, if the employee had 
 died as a result of the injury at the time thereof, leaving heirs surviving, 
 as provided in said paragraph (a), section 7, and thereafter a pension 
 during life annually equal to 8 per cent of the amount which would 
 have been payable as a death benefit under paragraph (a), section 7, if 
 the emplovee had died as a result of the injury at the time thereof, 
 leaving heirs surviving, as provided in said paragraph (a), section 7. 
 Such pension shall not be less than $10 per month and shall be pay¬ 
 able monthlv. 
 
 (g) In case death occurs as a result of the injury before the total 
 of the payments made equals the amount payable as a death benefit, 
 then in case the employee leaves any widow, child or children, parents, 
 grandparents or other lineal heirs, entitled to compensation under sec¬ 
 tion 7, the difference between the compensation for death and the sum 
 of the payments made to the employee shall be paid at the option of 
 the employer either to the personal representative or the beneficiaries 
 of the deceased employee and distributed, as provided in paragraph (f) 
 of section 7, but in no case shall the amount payable under this para¬ 
 graph be less than $500. 
 
 (h) In no event shall the compensation to be paid exceed fifty per 
 centum of the average weekly wage or exceed twelve dollars per week 
 in amount; nor, except in cases of complete disability as defined above, 
 shall any payments extend over a period of more than eight years from 
 the date of the accident. In case an injured employee shall be incom¬ 
 petent at the time when any right or privilege accrues to him under the 
 provisions of this Act, a conservator or guardian may be appointed pur¬ 
 suant to law, and may, on behalf of such incompetent, claim and 
 exercise any such right or privilege with the same force and effect as‘ if 
 the employee himself had been competent and had claimed or exercised 
 
30 
 
 said right'or privilege; and no limitations of time by this Act provided 
 shall run so long as said incompetent employee is without a conservator 
 or guardian. 
 
 (i) All compensation provided for in paragraphs (b), (c), (d), 
 
 ■ (e) and (f) of this section, other than cases of pension for life, shall 
 be paid in installments at the same intervals at which the wages or 
 earnings of the employee were paid at the time of the injury, or if this 
 shall not be feasible, then the installments shall be paid weekly. 
 
 § 9. Any employer or employee or beneficiary, who shall desire to 
 have such compensation, or any unpaid part thereof, paid in a lump 
 sum, may petition the Industrial Board, asking that such compensation 
 be so paid, and if upon proper notice to the interested parties and a 
 proper showing made before such board, it appears to the best interest 
 of the parties that such compensation be so paid, the board shall order 
 the commutation of the compensation to an equivalent lump sum, which 
 commutation shall be an amount which will equal the total sum of the 
 probable future payments capitalized at their present value upon the 
 basis of interest calculated at three per centum per annum with annual 
 rests: Provided, that in cases indicating complete disability no petition 
 for a commutation to a lump sum basis shall be entertained by the 
 Industrial Board until after the expiration of six months from the date 
 of the injury, and where necessary, upon proper application being made, 
 a guardian, conservator or administrator, as the case may be, may be 
 appointed for any person under disability who may be entitled to any 
 such compensation, and an employer bound by the terms of this Act, 
 and liable to pay such compensation, may petition for the appointment 
 of the public administrator, or a conservator, or guardian where no 
 legal representative has been appointed or is acting for such party or 
 parties so under disability: Provided, further, that if the amount 
 awarded as a lump sum settlement is not satisfactory to either party, 
 such party may reject the same within ten days after notice of the 
 award by filing his written rejection thereof with the said board in 
 which event compensation shall be payable in installments as herein 
 provided. 
 
 § 10. The basis for computing the compensation provided for in 
 sections 7 and 8 of the Act shall be as follows: 
 
 (a) The compensation shall be computed on the basis of the 
 annual earnings which the injured person received as salary, wages or 
 earnings if in the employment of .the same employer continuously dur¬ 
 ing the year next preceding the injury. 
 
 (b) Employment by the same employer shall be taken to mean 
 employment by the same employer in the grade in which the employee 
 was employed at the time of the accident, uninterrupted by absence from 
 work due to illness or any other unavoidable cause. 
 
 (c) If the injured person has not been engaged in the employment 
 of the same employer for the full year immediately preceding the acci¬ 
 dent, the compensation shall be computed according to the annual earn¬ 
 ings which persons of the* same class in the same employment and same 
 location, (or if that be impracticable, of neighboring employments of 
 the same kind) have earned during such period. 
 
31 ’ 
 
 (d) As to employees in employments in which it is the custom to 
 operate throughout the working days of the year, the annual earnings, 
 if not otherwise determinable, shall be regarded as 300 times the average 
 daily earnings in such computation. 
 
 (e) As to employees in employments in which it is the custom to 
 operate for a part of the whole number of working days in each year, 
 such number, if the annual earnings are not otherwise determinable, 
 shall be used instead of 300 as a basis for computing the annual earn¬ 
 ings: Provided, the minimum number of days which shall be so used 
 for the basis of the year’s work shall be not less than 200. 
 
 (f) In the case of injured employees who earn either no wages or 
 less than the earnings of adult day laborers in the same line of employ¬ 
 ment in that locality, the yearly wage shall be reckoned according to 
 the average annual earning of adults of the. same class in the same (or 
 if that is impracticable then of neighboring) emplo 3 ^ments. 
 
 (g) Earnings, for the purpose of this section, shall be based on the 
 earnings for the number of hours commonly regarded as a day’s work 
 for that employment, and shall exclude overtime earnings. The earn¬ 
 ings shall not include any sum which the employer has been accustomed 
 to pay the employee to cover any special expense entailed on him by the 
 nature of his employment. 
 
 (h) In computing the compensation to be paid to any employee, 
 who, before the accident for which he claims compensation, was disabled 
 and drawing compensation under the terms of this Act, the compensa¬ 
 tion for each subsequent injury shall be apportioned according to the 
 proportion of incapacity and disability caused by the respective injuries 
 which he may have suffered. 
 
 (i) To determine the amount of compensation for each install¬ 
 ment period, the amount per annum shall be ascertained pursuant 
 hereto, and such amount divided by the nurdber of installment periods 
 per annum. 
 
 § 11. The compensation herein provided, together with the pro¬ 
 visions of this Act, shall be the measure of the responsibility which the 
 employer has assumed for injuries or death that may occur to employees 
 in his emplo^^ment subject to the provisions of this Act. 
 
 §•12. An employee entitled to receive disability payments shall be 
 required, if requested by the employer, to submit himself at the expense 
 of the employer for examination to a duly qualified medical practitioner 
 or surgeon selected by the employer, at a time and place reasonably con¬ 
 venient for the employee, as soon as practicable after the injury, and 
 also one week after the first examination, and thereafter at intervals not 
 oftener than once every four weeks, which examination shall be for the 
 purpose of determining the nature, extent and probable duration of the 
 injury received by the employee, and for the purpose of ascertaining the 
 amount of compensation which may be due the employee from time to 
 time for disability according to the provisions of this Act: Provided, 
 however, that such examination shall be made in the presence of a duly 
 qualified medical practitioner or surgeon provided and paid for by the 
 employee if such employee so desires. If the employee refuses so to 
 submit himself to examination or unnecessarily obstructs the same, his 
 right to compensation payments shall be temporarily suspended until 
 
32 
 
 such examination shall have taken place, and no compensation shall be 
 payable under this Act for such period. 
 
 § 13. There is hereby created a board whicli shall be known as the 
 Industrial Board, to consist of three members to be appointed by the 
 Governor, by and with the consent of the Senate, one of whom shall be 
 a representative citizen of the employing class operating under this Act, 
 and one of whom shall be a representative citizen chosen from among the 
 employees operating under this Act, and one of whom shall be a repre¬ 
 sentative citizen not identified with either the employing or employee 
 classes, and who shall be designated by the Governor as chairman. 
 Appointment of members to places no the first board, or to fill vacancies 
 on said board may be made during recesses of the Senate, but shall be 
 suljject to confirmation by the Senate at the next ensuing session o.f the 
 Legislature. The term of office of members of this board shall be six 
 years, except that when first constituted one member shall be appointed 
 for two years, one for four years, and one for six years. Thereafter one 
 member shall be appointed every second year for the full term of six 
 years. Xot more than two members of the board shall belong to the 
 same political party. 
 
 § 14. The salary of each of the members of the board so appointed 
 by the Governor shall be four thousand dollars per year. The board 
 shall appoint a secretary and shall employ such assistants and clerical 
 help as may be necessary. The board shall provide itself with a seal for 
 the authentication of its orders, awards, and proceedings, upon which 
 shall be inscribed the words, ‘Tndustrial Board—Illinois—Seal.^’ 
 
 § 15. The Industrial Board shall have jurisdiction over the opera¬ 
 tion and administration of this Act, and said board shall perform all 
 the duties imposed upon it by this Act, and such further duties as may 
 hereafter be imposed by law and the rules of the board not inconsistent 
 therewith. 
 
 S 16. The board mav make rules and orders for carrving out the 
 duties imposed upon it by law, which rules and orders shall be deemed 
 prima facie reasonable and valid; and the process and procedure before 
 the board shall be as simple and summary as reasonably may be. The 
 board or any member thereof shall have the power to administer oaths, 
 subpoena and examine witnesses, and to examine and inspect such books,, 
 papers and records, places or premises as may relate to questions in 
 dispute. 
 
 § 17. The board shall cause to be printed and furnish free of 
 charge upon request by any employer or employee such blank forms as it 
 shall deem requisite to facilitate or promote the efficient administration 
 of this Act, and the performance of the duties of the board; it shall jDro- 
 vide a proper record in which shall be entered and indexed the name of 
 any employer who shall file a notice of declination or withdrawal under 
 this Act, and the date of the filing thereof; and a proper record in which 
 shall be entered and indexed the name of any employee who shall file 
 such a notice of declination or withdrawal, and the date of the filing 
 thereof; and such other notices as may be required by the terms and 
 intendment of this Act; and records in which shall be recorded all 
 proceedings, orders and awards had or made by the board, or by the 
 
arbitration committees, and such other books or records as it shall deem 
 necessary, all such records to be kept in the office of the board. 
 
 § 18. All questions arising under this Act, if not settled by agree¬ 
 ment of the parties interested therein, shall, except as otherwise pro¬ 
 vided, be determined by the Industrial Board. 
 
 § 19. Any disputed questions of law or fact upon which the 
 employer and employee or personal representative cannot agree, shall be 
 determined as herein provided. 
 
 (a) It shall be the duty of the Industrial Board, upon notification 
 that the parties have failed to reach an agreement, to notify both parties 
 to appoint their respective representatives on a committee of arbitration. 
 The board shall designate one of its members or an agent appointed by it 
 and at its expense to act as chairman, and if either party fails to appoint 
 its member on the committee within seven days after notification as 
 above provided, the board shall appoint a person to fill the vacancy and 
 notify the parties to that effect, and the reasonable expenses of the person 
 so appointed to fill the vacancy shall, after approval by the board, be 
 taxed as costs against the party who failed to appoint its member on 
 such committee. 
 
 (b) The committee of arbitration shall make such inquiries and 
 investigations as it shall deem necessary, and may examine and inspect 
 all books, papers, records, places or premises relating to the questions in 
 dispute. The hearings of the committee shall be held in the vicinity 
 where the injury occurred, after ten days’ notice of the time and place 
 of such hearing shall have been given to each of the parties, and the 
 decision of the committee shall be filed with the Industrial Board, which 
 board shall immediately send to each party a copy of such decision, 
 together with a notification of the time when it was filed, and unless a 
 petition for a review is filed with the hoard by either party within 
 fifteen days after the receipt by said party of the copy of such decision 
 and notification of time when filed, and unless such party petitioning 
 for review shall, within twenty days of the filing of such decision, file 
 with the board, either an agreed statement of the facts appearing upon 
 the hearing before the committee of arbitration, or, if such party shall 
 so elect, a correct stenographic report of the proceedings at such hearing, 
 then the decision shall be entered of record as the decision of the Indus¬ 
 trial Board: Pmvided, that such Industrial Board may, for sufficient 
 cause shown, grant further time in which to petition for such review or 
 to file such agreed statement or stenographic report. An agreed state¬ 
 ment of facts or correct stenographic report, as the case may be, shall 
 be authenticated by the signatures of the parties or their attorneys and 
 in the event they do not agree as to the correctness of the stenographic 
 report it shall be authenticated by the signature of the chairman of the 
 committee of arbitration. 
 
 (c) The Industrial Board may appoint, at its expense, a duly 
 qualified, impartial physician, to examine the injured employee and 
 report to the board. The fee for this service shall not exceed five dollars 
 and traveling expenses, but the hoard may allow additional reasonable 
 amounts in extraordinary cases. The fees and the payment thereof of 
 all attorneys and physicians*for services authorized by the hoard under 
 this Act, shall, upon request of either the employer or the emploA’^ee or 
 
 —3 L L 
 
34 
 
 the beneficiary affected, be subject to the review and decision of the 
 Industrial Board. 
 
 (d) If any employee shall persist in insanitary or injurious prac¬ 
 tices which tend to either imperil or retard his recovery or shall refuse 
 to submit to such medical or surgical treatment as is reasonably essential 
 to promote his recovery, the board may, in its discretion, reduce or 
 suspend the compensation of any such injured employee. 
 
 (e) If a petition for review, and agreed statement of facts or 
 stenographic report is filed, as provided herein, the Industrial Board 
 shall promptly review the decision of the committee of arbitration and 
 the facts as they appear from the said statement of facts or stenographic 
 report, and shall also, if desired, hear the parties, together with such 
 additional evidence as they may wish to submit. After such hearing 
 upon review, the board shall announce and file in its office its decision 
 thereon and shall immediately send to each party a copy of such deci¬ 
 sion, together with a notification of the time when it was filed. Such 
 review and hearing may be held in its office, or elsewhere, as the board 
 shall deem advisable. Any party ma}^, within twenty days of the receipt 
 by it of notice of the board^s decision or within such further time as 
 the board may grant, file with the board either an agreed statement of 
 the facts appearing upon the hearing, or, if such party shall so elect, a 
 correct stenographic report of the proceedings at the hearing, such state¬ 
 ment of facts or stenographic report to be authenticated by the signatures 
 of the parties or their attorneys, and in the event they do not agree then 
 the authentication shall be by the signature of the chairman of the board. 
 The statement of facts or stenographic report of the proceedings on the 
 hearings before either the committee of arbitration or the Industrial 
 Board shall, upon filing as hereinbefore provided, become part of the 
 record of the proceedings of said board. 
 
 (f) The decision of the Industrial Board, acting within its powers, 
 according to the provisions of paragraph (e) of this section, and of the 
 committee of arbitration, where no review is had and its decision becomes 
 the decision of the Industrial Board in accordance with the provisions 
 of this section, shall, in the absence of fraud, be conclusive, but the 
 Supreme Court shall have power to review questions of law involved in 
 any such decision: Provided, that application is made by the aggrieved 
 party within thirty days after notice given to him of such decision or 
 within thirty days after the expiration of the time allowed for filing the 
 agreed statement of facts or stenographic report with said board, by 
 certiorari, mandamus or by any other method permissible under the 
 rules and practices of said court or the laws of this State. 
 
 The decision of any two members of a committee of arbitration, or 
 of the Industrial Board, shall be considered the decision of such com¬ 
 mittee or board, respectively. 
 
 (g) Either party may present a certified copy of the decision of 
 the Industrial Board, when no proceedings for review thereof have been 
 taken, or of the decision of such committee of arbitration when no claim 
 for review is made, or of the decision of the Industrial Board after 
 hearing upon review, providing for the payment of compensation accord¬ 
 ing to this Act, to the circuit court of the county in which such accident 
 occurred, whereupon such court shall render a judgment in accordance 
 
35 
 
 tlit'revvitli; and in cases where the eni 2 )loyer does not institute proceed¬ 
 ings for review of the decision of the Industrial Board and refuses to 
 pay compensation according to the award upon which such judgment is 
 entered, the court shall, in entering judgment thereon, tax as costs 
 against him the reasonable costs and attorney fees in the arbitration 
 proceedings and in the court entering the judgment, for the person in 
 whose favor the judgment is entered; which judgment, and costs, taxed 
 as herein provided, shall, until and unless set aside, have the same effect 
 as though duly rendered in an action duly tried and determined by said 
 court, and shall, with like effect, be entered and docketed. The circuit 
 court shall have power at any time, upon application, to make any such 
 judgment conform to any modification required by any subsequent deci¬ 
 sion o.f the Supreme Court upon appeal, or as the result of any subse¬ 
 quent proceedings for review as provided in this Act. 
 
 Judgment shall not be entered until fifteen days^ notice of the time 
 and place of the application for the entry of judgment shall be served 
 upon the employer by filing such notice with the Industrial Board; 
 which board shall, in case it has on file the address of the employer or 
 the name .and address of its agent upon whom notices may be served, 
 immediately send a copy of the notice to the employer or such designated 
 agent; afid no judgment shall be entered in the event the employer shall 
 file with the said board its bond with good and sufficient surety in double 
 the amount of the award, conditioned upon the payment of said award 
 in the event the said employer shall fail to prosecute with effect proceed¬ 
 ings for review of the decision or the said decision upon review shall be 
 affirmed. 
 
 (h) An agreement or award under this Act, providing for com¬ 
 pensation in installments, may at any time within eighteen months after 
 such agreement or award, be reviewed by the Industrial Board at the 
 request of either the employer or the employee on the ground that the 
 disability of the employee has subsequently recurred, increased, dimin¬ 
 ished or ended; and on such review compensation payments may be 
 re-established, increased, diminished, or ended: Provided, that the board 
 shall give fifteen days’ notice to the parties of the hearing for review; 
 And, provided, further, any employee, upon any petition for such a 
 review being filed by the employer, shall be entitled to one day’s notice 
 for each one hundred miles necessary to be traveled by him in attending 
 •the hearings of the board upon said petition, and three days in addition 
 thereto, and su-ch employee shall, at the discretion of the board, also be 
 entitled to five cents per mile necessarily traveled by him in attending 
 such hearing, not to exceed a distance of 300 miles, to be taxed by the 
 board as costs and deposited with the petition of the employer. 
 
 (i) Each party, upon taking any proceedings or steps whatsoever, 
 before any committee of arbitration, industrial board or court, shall file 
 with the Industrial Board his address or the name and address of an 
 agent upon whom all notices to be given to such party shall be served 
 either personally or by registered mail addressed to such party or agent 
 at the last address so filed with the Industrial Board: Provided, that 
 in the event such party has not filed his address or the name and 
 address of an agent as above provided, service of any notice may be had 
 by filing such notice with the Industrial Board. 
 
36 
 
 § 20. The Industrial Board shall report in writing to the Governor 
 on the 30th day of June, annually, the details and results of its 
 administration of this Act, in accordance with the tenns of this Act, 
 and may prepare and issue such special bulletins and reports from time 
 to time as in the opinion of the board, seems advisable. 
 
 § 21. No payment, claim, award or decision under this Act shall 
 be assignable or subject to any lien, attachment or garnishment, or be 
 held liable in any way for any lien, debt, penalty or damages. In case 
 of insolvency of the employer, every decision of the Industrial Board for 
 compensation under this Act shall, upon the filing of a certified copy 
 of the decision with the recorder of deeds of a county, constitute a lien 
 upon all property of the employer within said county, paramount to 
 all other claims, or liens except for wages and taxes, and mortgages or 
 trust deeds, and such liens shall be enforced by order of the court. Any 
 right to receive compensation hereunder shall be extinguished by the 
 death of the person or persons entitled thereto, subject to the provisions 
 of this Act relative to compensation for death received in the course 
 of employment. 
 
 § 22. Any contract or agreement made by any employer or his 
 agent or attorney with any employee or any other beneficiary of any 
 claim under the provisions of this Act within seven days after the injury 
 shall be presumed to be fraudulent. 
 
 § 23. No employee, personal representative, or beneficiary shall • 
 have power to waive any of the provisions of this Act in regard to the 
 amount of compensation which may be payable to such employee, per¬ 
 sonal representative or beneficiary hereunder except after approval by 
 the Industrial Board. 
 
 § 24. No proceedings for compensation under this Act shall be 
 maintained unless notice of the accident has been given the employer 
 as soon as practicable, but not later than 30 days after the accident. In 
 cases of mental incapacity of the employee, notice must be given within 
 six months after such accident. No defect or inaccuracy of such notice 
 shall be a bar to the maintenance of proceedings by arbitration or other¬ 
 wise by the employee, unless the employer proves that he is unduly pre¬ 
 judiced in such proceedings by such defect or inaccuracy. Notice of the 
 accident shall in substance apprise the employer of the claim of com¬ 
 pensation made and sliall state the name and address of the employee 
 injured, the approximate date and place of the accident, if known, and 
 in simple language the cause thereof; which notice may be served per¬ 
 sonally or by registered mail, addressed to the employer at his last 
 known residence or place of business: Provided, that the failure on the 
 ])art of any person entitled to such compensation to give such notice 
 shall not relieve the employer from his liability for such compensation, 
 when the facts and circumstances of such accident are known to such 
 employer, his agent or vice principal in the enterprise. No proceedings 
 for compensation under this Act shall be maintained unless claim for 
 compensation has been made within six months after the accident, or in 
 the event that payments have been made under the provisions of this 
 Act, unless written claim for compensation has been made within six 
 months after such payments have ceased, 
 
37 
 
 § 35. Any employer against whom liability may exist for compen¬ 
 sation under this Act, may, with the approval of the Industrial Board, 
 be relieved therefrom by: 
 
 (a) Depositing the commuted value of the total unpaid compen¬ 
 sation for which such liability exists, computed at three per centum per 
 
 ^ annum in the same manner as provided in section 9, with the State 
 Treasurer, or county treasurer in the county where the accident hap¬ 
 pened, or with any State or National bank, or trust company doing 
 business in this State, or in some other suitable depository approved 
 by the Industrial Board: Provided, that any such depository to which 
 such compensation may be paid shall pay the same out in installments 
 as in this Act provided, unless such sum is ordered paid in, and is 
 commuted to, a lump sum payment in accordance with the provisions of 
 this Act. 
 
 (b) By the purchase of an annuity, in an amount of compensation 
 due or computed, under this Act within the limitation provided by law, 
 in any insurance company granting annuities and licensed or permitted 
 to do business in this State, which may be designated by the employer, 
 or the Industrial Board. 
 
 § 26. (a) An employer who elects to provide and pay the com¬ 
 
 pensation provided for in this Act shall within ten (10) days of receipt 
 by the employer of a written demand by the Industrial Board (1) file 
 with the board a sworn statement showing his financial ability to pay 
 the compensation provided for in this Act, normally required to be 
 paid, or (2) furnish security, indemnity or a bond guaranteeing the 
 payment by the employer of the compensation provided for in this Act, 
 normally required to be paid, or (3) insure to a reasonable amount his 
 normal liability to pay such compensation in some corporation, associa¬ 
 tion or organization authorized, licensed or permitted to do such 
 insurance business in this State, or (4) make some other provisions 
 for the securing of the payment of compensation provided for in this 
 Act, normally required to be paid, and shall within twenty (20) days of 
 the receipt of such written demand furnish to the board evidence of his 
 compliance with one of the above alternatives: Provided, that the 
 sworn statement of financial ability, or security, indemnity or bond, or 
 amount of insurance or other provision, filed, furnished, carried or made 
 by the employer, as the case may be, shall be subject to the approval of 
 the board, upon the approval of which the board shall send to the em¬ 
 ployer written notice of its approval thereof: And, provided, further, 
 that demand shall not be made upon the employer by the board oftener 
 than once in any calendar year. 
 
 (b) If no sworn statement or no security, indemnity or bond, or 
 no insurance, is filed, furnished or carried, or other provisions made by 
 the employer within ten (10) days of receipt by the employer of the 
 written demand provided for in paragraph (a), or if the statement, 
 security, indemnity, bond or amount of insurance filed, furnished or 
 carried, or other provision made by the employer, as provided in para¬ 
 graph (a), shall not be approved by the board, and written notice of such 
 non-approval shall be given to the employer and the emplo^^er shall not 
 comply with one of the alternatives of paragraph (a) of this section 
 within ten (10) days after the receipt by the employer of such written 
 
38 
 
 notice of non-approval, then the employer shall be liable for compensation 
 to any injured employee or his personal representative, according to the 
 terms of this Act, or for damages in the same manner as if the em- 
 plo^'er had elected not to accept this Act, at the option of such employee 
 or his personal representative: Provided, such option is exercised and 
 written notice thereof is given to the employer within thirty (30) days 
 after the accident to such employee, otherwise the employer shall be 
 liable only for the compensation payable according to the provisions of 
 this Act: And, provided, further, that if at any time thereafter the 
 employer shall comply wdth any of the alternatives of paragraph (a), 
 then as to all accidents occurring after the said compliance, the em¬ 
 ployer shall only be liable for compensation according to the terms of 
 this Act. • 
 
 (c) ^^Normal liability” and “normally required to be paid,” when¬ 
 ever used herein, shall be measured by the experience, if any, of the 
 said employer during the two years preceding the demand by the board, 
 and if there is no such individual basis of experience, then by the gen¬ 
 eral experience in the same industry, business, occupation or enterprise 
 in the same neighborhood during the same period. 
 
 § 27. (a) This Act shall not affect or disturb the continuance 
 
 of any existing insurance, mutual aid, benefit, or relief association or 
 department, w'hether maintained in whole or in part by the employer or 
 'whether maintained by the employees, the payment of benefits of such 
 association or department being guaranteed by the employer or by some 
 person, firm or corporation for him: Provided, the employer con¬ 
 tributes to such association or department an amount not less than the 
 full compensation herein provided, exclusive of the cost of the main¬ 
 tenance of such association or departffient and without any expense to 
 the employee. This Act shall not prevent the organization and main¬ 
 taining under the insurance laws of this State of any benefit or insurance 
 company for the purpose of insuring against the compensation provided 
 for in this Act, the expense of which is maintained by the employer. 
 This Act shall not prevent the organization or maintaining under the 
 insurance laws of this State of any voluntary mutual aid, benefit or 
 relief association among employees for the payment of additional 
 accident or sick benefits. 
 
 (b) No existing insurance, mutual aid, benefit or relief association 
 or department shall, by reason of anything herein contained be author¬ 
 ized to discontinue its operation without first discharging its obligations 
 to any and all persons carrying insurance in the same or entitled to 
 relief or benefits therein. 
 
 (c) Any contract, oral, written or implied, of employment provid¬ 
 ing for relief benefit, or insurance or any other device whereby the em¬ 
 ployee is required to pay any premium or premiums for insurance 
 against the compensation provided for in this Act shall be null and void, 
 and any employer withholding from the wages of any employee any 
 amount for the purpose of paying any such premium shall be guilty of a 
 misdemeanor and punishable by a fine of not less than ten dollars nor 
 more than one thousand dollars, or imprisonment in the county jail 
 for not more than six months, or both, in the discretion of the court. 
 
39 
 
 § 28. Any person^ who shall become entitled to compensation under 
 the provision of this Act, shall, in the event of his inability to recover 
 such compensation from the employer on account of his insolvency, be 
 subrogated to all the rights of such employer against any insurance com¬ 
 pany, association or insurer which may have insured such employer 
 against loss growing out of the compensation required by the provisions 
 of this Act to be paid by such employer, and, in such event only, the 
 said insurance company,' association, or insurer shall become primarily 
 liable to pay to the employee or his personal representative the com¬ 
 pensation required by the provisions of this Act to be paid by such 
 employer. 
 
 § 29. Where an injury or death for which compensation is payable 
 by the employer under this Act was not proximately caused by the 
 negligence of the employer or his employees, and was caused under 
 circumstances creating a legal liability for damages in some person 
 other than the employer to pay damages, such other person having also 
 elected to be bound by this Act, then the right of the employee or per¬ 
 sonal representative to recover against such other person shall be sub¬ 
 rogated to his employer and such employer may bring legal proceedings 
 against such other person to recover the damages sustained, in an amount 
 not exceeding the aggregate amount of compensation payable under this 
 Act, by reason of the injury or death of such employee. Where the 
 injury or death for which compensation is payable under this Act was 
 not proximately caused by the negligence of the employer or ‘ his 
 employees and was caused under circumstances creating a legal liability 
 for damages on the part of some person other than the employer to pay 
 damages, such other person having elected not to be bound by this Act, 
 then legal proceedings may be taken against such other person to 
 recover damages notwithstanding such employer’s payment of or liability 
 to pay compensation under this Act, but in such case if the action 
 against such other person is brought by the injured employee or his 
 personal representative and judgment is obtained and paid, or settle¬ 
 ment is made with such other person, either with or without suit, then 
 from the amount received by such employee or personal representative 
 there shall be paid to the employer the amount of compensation paid or 
 to be paid by him to such employee or personal representative: Pro¬ 
 vided, that if the injured employee or his personal representative shall 
 agree to receive compensation from the employer or to institute pro¬ 
 ceedings to recover the same or accept from the employer any payment 
 on account of such compensation, such employer shall be subrogated to 
 all the rights of such employee or personal representative and may main¬ 
 tain, or in case an action has already been instituted, may continue an 
 action either in the name of the employee or personal representative or 
 in his own name against such other person for a recovery of damages to 
 which but for this section the said employee or personal representative 
 would be entitled, but such employer shall nevertheless pay over to the 
 injured employee or personal representative all sums collected from 
 such other person by judgment or otherwise in excess of the amount of 
 such compensation paid or to be paid under this Act and all costs, attor¬ 
 ney’s fees and reasonable expenses incurred by such employer' in 
 making such collection and enforcing such liability. 
 
40 
 
 § 30. It shall be the duty of every employer within the provisions 
 of this Act to send to the Industrial Board in writing an immediate 
 report of all accidental injuries arising out of or in the course of the 
 employment and resulting in death; it shall also be the duty of every 
 such employer to report between the 15th and the 25th of each month to 
 the Industrial Board all accidental injuries for which compensation has 
 been paid under this Act, which injuries entail a loss to the employee 
 of more than one week^s time, and in case the injury results in perma¬ 
 nent disability, a further report shall be made as soon as it is-determined 
 that such permanent disability has resulted or will result from such 
 injury. All reports shall state the date of the injury, including the 
 time of day or night, the nature of the employer’s business, the name, 
 address, the age, sex, conjugal condition of the injured person, the 
 specific occupation of the injured person, the direct cause of the injury 
 and the nature of the accident, the character of the injury, the length 
 of disability, and, in case of death, the length of disability before death, 
 the wages of the injured person, whether compensation has been paid to 
 the injured person, or to his legal representatives or his heirs or next of 
 kin, the amount of compensation paid, the amount paid for physicians’, 
 surgeons’ and hospital bills, and by whom paid, and the amount paid for 
 funeral or burial expenses, if known. The making of reports as provided 
 herein shall release the employer covered by the provisions of this Act 
 from making such report to any other officer of the State. 
 
 § 31. Any person, firm or corporation, who undertakes to do or 
 contracts with others to do, or have done for him, them or it, any work 
 enumerated as extra-hazardous in paragraph (b), section 3, requiring 
 employment of employees in, on or about the premises where he, they or 
 it, as principal or principals, contract to do such work, or any part there¬ 
 of, and does not require of the person, firm or corporation undertaking to 
 do such work for said principal or principals, that such person, firm or 
 corporation undertaking to do such work shall insure his, their or its 
 liability to pay the compensation provided in this Act to his, their or 
 its employees and any such person, firm or corporation who creates or 
 carries into operation any fraudulent scheme, artifice or device to enable 
 him, them or it to execute such work without such person, firm or cor¬ 
 poration being responsible to the employee, his personal representative 
 or beneficiary entitled to such compensation under the provisions of this 
 Act, such person, firm or corporation shall be included in the term 
 “^^employer” and with the immediate employer shall be jointly and seve¬ 
 rally liable to pay the compensation herein provided for and be subject 
 to all the provisions of this Act. 
 
 § 32. hfo right of action for damages, at common law or under 
 any other statute, existing at the time of the taking effect of this Act, 
 shall be affected by this Act. 
 
 If the provisions of this Act relating to compensation for injuries to 
 or death of employees shall be repealed or adjudged invalid or uncon¬ 
 stitutional, the period intervening between the occurrence of an injury 
 or death and such repeal or final adjudication of invalidity, shall not be 
 computed as a part of the time limited by law for the commencement of 
 any action relating to such injury or death, but the amount of any 
 ('ompensation which may have been paid for any such injury shall be 
 
41 
 
 deducted from any judgment for damages recovered on account of such 
 injury. Any claim, disagreement or controversy existing or arising under 
 ^^An Act to promote the general welfare of the People of this State, by 
 providing compensation for accidental injuries or death suffered in the 
 course of employmenV^ approved June 10, 1911, in force May 1, 1912, 
 shall be adjusted in accordance with the provisions of said Act notwith¬ 
 standing the repeal thereof, or may, by agreement of the parties, be 
 adjusted in accordance with the method of procedure provided in this 
 Act for the adjustment of differences, jurisdiction to adjust such differ¬ 
 ences so submitted by the parties being hereby conferred upon the Indus¬ 
 trial Board or committee of arbitration provided for in this Act. 
 
 § 33. Any wilful neglect, refusal, or failure to do the things 
 required to be done by any section, clause, or provision of this Act, on 
 the part of the persons herein required to do them, or any violation of 
 any of the provisions or requirements hereof, or any attempt to obstruct 
 or interfere with any court officer, or any other person charged with the 
 duty of administering or enforcing the provisions of this Act, shall be 
 deemed a misdemeanor, punishable by a fine of not less than $10 nor 
 more than $500 at the discretion of the court. 
 
 § 34. The invalidity of any portion of this Act shall in no way 
 affect the validity of any other portion thereof which can be given effect 
 without such invalid part. 
 
 § 35. That an Act to promote the general welfare of the State of 
 Illinois by providing compensation for accidental injuries or death 
 suffered in the course of employment, approved June 10, 1911, in force 
 May 1, 1912, be, and the same is, hereby repealed. 
 
 Approved June 28, 1913. 
 
 Mason Contractors and Employing Masons in Cities of 150,000 
 
 OR Over—Building Eegulations 
 
 x4n Act to provide for the licensing of mason contractors and ernploy- 
 mg masons and to regulate the safe and proper construction of 
 buildings. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That in all cities of this State 
 of 150,000 inhabitants or over, every mason contractor or employing 
 mason shall be required to obtain an annual license therefor, in the 
 manner following: 
 
 § 2. Every person desiring to engage in the business of mason 
 contractor or employing mason shall make application to a Board of 
 Examiners, hereinafter provided for, and shall, at such time and place 
 as said board may designate, be compelled to pass such examination as 
 to his qualifications as said board may direct; said examination may 
 be made in whole or in part in writing and shall be of a practical and 
 elementary character but sufficiently strict to test his qualifications. 
 
 § 3. In every city of 150,000 inhabitants or over, there shall be 
 a Board of Examiners of mason contractors or employing masons, con¬ 
 sisting of three members, one of which shall be the building commis- 
 
42 
 
 sioner, who shall be ex officio chairman of said Board of Examiners, one 
 shall be a practical architect and one shall be a practical mason, who 
 shall be appointed by the mayor and approved by the city council within 
 three months after the passage of this Act, for the term of one (1) 
 year from the first day of May in the year of appointment and there¬ 
 after annually before the first day of May, and shall be paid from the 
 treasury of said city such sum as the officers may designate. 
 
 § 4. Said Board of Examiners shall, as soon as may be convenient 
 after appointment, meet and shall then designate the times and places 
 for the examination of all applicants desiring to engage in or work 
 at the business of mason contracting or employing masons within their 
 respective jurisdiction; said board shall examine said applicants as to 
 their practical knowledge of masonry and mason construction and all 
 matters pertaining to mason construction and, if satisfied of the com¬ 
 petency of such applicants, shall thereupon issue a certificate to such 
 applicant, authorizing him to engage in the business of mason con¬ 
 tracting or employing masons; the license or certificate fee for such 
 mason contractor or employing mason shall be fixed by the common 
 council of such cities; said certificate shall be valid and have force 
 throughout the State for a period of one (1) year from date of issuance 
 and may be renewed upon its expiration by paying in advance an annual 
 renewal fee to be fixed by the common council of such cities for the 
 certificate to master or employing masons or mason contractor; all fees 
 received for said license or certificate shall be paid into the treasury 
 of the city where such certificates are issued: Provided, that wherever 
 a firm or corporation consists of more than one master or employing 
 mason, that it shall not be necessary for more than one member of said 
 firm or corporation to procure a license certificate. 
 
 § 5. Each city shall, by ordinance or by law, within three months 
 of the passage of this Act, prescribe rules and regulations for the 
 materials, construction, alteration and inspection of all mason work 
 placed in or upon or in connection with any building in said city; and 
 the building department shall provide that no mason work shall be done 
 upon any building without a permit being first issued therefor upon 
 such terms and conditions as such city shall prescribe. 
 
 § 6. All persons who are required by this Act to take examination 
 and procure a certificate as required by this Act shall apply to the board 
 in the city where he resides or to the board nearest his place of residence. 
 
 § 7. Any person violating any provision of this Act shall be 
 deemed guilty of a misdemeanor and shall be subject to a fine of not 
 less than five dollars ($5) nor exceeding fifty dollars ($50) for each 
 and every violation thereof, and his certificate may be revoked by the 
 proper authorities in said city. 
 
 Approved June 30, 1913. 
 
43 
 
 Mechanics^ Liens—Act oe 1903 Amended 
 
 An Act to amend section 1, section 7 a^id section 21 of “An Act to 
 7'evise the law in relation to mechanics' liens, to whom, what for, 
 and when lien is given; who is a contractor: area covered b^j and 
 extent of lien; luhen the lien attaches," approved Alay 18, 1903, in 
 force July 1, 1903, 
 
 Section 1. Be it e^iacted by the People of the State of Illinois, 
 represented in the General Assembly: That section 1, section 7 and 
 section 21 of an Act entitled, ‘^‘^An Act to revise the law in relation to 
 mechanics’ liens, to whom, what for, and when lien is given; who is a 
 contractor; area covered by and extent of lien; when the lien attaches 
 (approved May 18, 1903, in force July 1, 1903),” be and the same is 
 hereby revised and amended so as to read as follows: 
 
 § 1. When lien given.] That any person who shall by any con¬ 
 tract or contracts, express or im^plied, or partly expressed or implied, 
 with the owner of a lot or tract of land, or with one whom such owner 
 has authorized or knowingly permitted to contract for the improvement 
 of, or to improve the same, furnish material, fixtures, apparatus or 
 machinery, forms or form work used in the process of construction where 
 cement, concrete or like material is used for the purpose of or in the 
 building, altering, repairing or ornamenting any house or other building, 
 walk or sidewalk, whether such walk or sidewalk be on the land or bor¬ 
 dering thereon, driveway, fence or improvement or appurtenances 
 thereto on such lot or tract of land or connected therewith, and upon, 
 over or under a sidewalk, street or alley adjoining; or 'fill, sod or exca¬ 
 vate such lot or tract of land, or do landscape work thereon or therefor; 
 or raise or lower any house thereon or remove any house thereto; or 
 perform services as an architect for any such purpose; or furnish or 
 perform labor or services as superintendent, timekeeper, mechanic, 
 laborer or otherwise, in the building, altering, repairing or ornamenting 
 of the same; or furnish material, fixtures, apparatus, machinery, labor 
 or services, forms or form work used in the process of construction where 
 concrete, cement or like material is used, on the order of his agent, 
 architect or superintendent having charge of the improvements, build¬ 
 ing, altering, repairing or ornamenting the same, shall be known under 
 this Act as a contractor, and shall have a lien upon the whole of such 
 lot or tract of land and upon the adjoining or adjacent lots or tracts 
 of land of such owner constituting the same premises and occupied or 
 used in connection with such lot or tract of land as a place of residence 
 or business; and in case the contract relates to two or more buildings, 
 on two or more lots or tracts of land, upon all such lots and tracts of 
 land and improvements thereon for the amount due to him for such 
 material, fixtures, apparatus, machinery, services or labor, and interest 
 from the date the same is due. This lien shall extend to an estate in 
 fee, for life, for years, or. any other estate or any right of redemption, 
 , or other interest which such owner may have in the lot or tract of land 
 at the time of making such contract or may subsequently acquire therein, 
 and shall be superior to any right of dower of husband or wife in said 
 premises, provided the owner of such dower interest had knowledge of 
 such improvement and did not give written notice of his or her objection 
 
44 
 
 to such improvement before the making thereof; nor shall the taking of 
 additional security by the contractor or sub-contractor be a waiver of 
 any right of lien which he may have by virtue of this Act, unless made 
 a waiver by express agreement of the parties; and this lien shall attach 
 as the date of the contract. 
 
 § 7. Limitation as against third parties—claim eor lien— 
 
 WHAT SHALL CONSIST OF WHEN CLAIM MAY BE FILED AND WHEN 
 
 AMENDED-AS TO EREORS IN-PROOF OF DELIVERY OF MATERIAL, NOT 
 
 USE, SUFFICIENT-DELIVERY OF MATERIAL AT ONE BUILDING GOOD FOR 
 
 ALL BUILDINGS.] No contractor shall be allowed to enforce such lien 
 against or to the prejudice of any other creditor or incumbrancer or 
 purchaser, unless within four months after completion, or if extra or 
 additional work is done or material is delivered therefor within four 
 months after the completion of such extra or additional work or the 
 final delivery of such extra or additional material, he shall either bring 
 suit to enforce his lien therefor or shall file with the clerk of the circuit 
 court in the county in which the building, erection or other improvement 
 to be charged with the lien is situated, a claim for lien, verified by the 
 affidavit of himself, or his agent or employee, which shall consist of a 
 brief statement of the contract, the balance due after allowing all credits, 
 and a sufficiently correct description of the lot, lots or tracts of land to 
 identify the same. Such claim for lien may be filed at any time after 
 the contract is made, and as to the owner may be filed at any time after 
 the contract is made and within two years after the completion of said 
 contract, or the completion of any extra work or the furnishing of any 
 extra material thereunder, and as to such owner may be amended at any 
 time before the final decree. No such lien shall be defeated to the 
 proper amount thereof because of an error or overcharging on the part 
 of any person claiming a lien therefor under this Act, unless it shall 
 be shown that such error or overcharge is made with intent to defraud; 
 nor shall any such lien for material be defeated because of lack of proof 
 that the material after the delivery thereof, actually entered into the 
 construction of such building or improvement, although it be shown 
 that such material was not actually used in the construction of such 
 building or improvement: Provided, it is shown that such material was 
 delivered either to said owner or his agent for such building or im¬ 
 provement, to be used in said building or improvement, or at the place 
 where said building or improvement was being constructed, for the pur¬ 
 pose of being used in construction or for the purpose of being employed 
 in the process of construction as a means for assisting in the erection of 
 the building or improvement in-what is commonly termed forms or 
 form work where concrete, cement or like material is used, in whole or 
 in part: Aiid, provided, further, that in case of the construction of a 
 number of buildings under contract between the same parties, it shall 
 be sufficient in order to establish such lien for material, if it be shown 
 that such material was in good faith delivered at one of the said build¬ 
 ings for the purpose of being used in the construction of any one or 
 all of such buildings, or delivered to the owner or his agent for such 
 buildings, to be used therein; and such lien for such material shall 
 attach to all of said buildings, together with the land upon which the 
 same are being constructed, the same as in a single building or improve- 
 
45 
 
 ment: And, provided, further, that in the event the contract relates to 
 two or more buildings on two or more lots or tracts of land, then all of 
 said buildings and lots or tracts of land may be included in one state¬ 
 ment of claim for a lien. 
 
 § 21. SuB-CONTRACTOKS-LIENS OF SUB-CONTRACTORS-WHO ARE 
 
 —EXTENT OF THEIR LIENS SUPERIOR TO CREDITORS OR CONTRACTORS ON 
 MONEY DUE CONTRACTORS—DUTY OF OWNER AND CONTRACTOR TO FILE 
 
 NOTICE OF WAIVER OF LIEN-LIMIT OF OWNER^S LIABILITY—OWNER 
 
 LIABLE FOR SUB-CONTRACTS PERFORMED AFTER NOTICE THEREOF-RIGHTS 
 
 OF IN CASE CONTRACTOR DEFAULT MAY COMPLETE, IF CONTRACTOR 
 ABANDONS.] Everv mechanic, workman or other person who shall fur¬ 
 nish any materials, apparatus, machinery or fixtures, or furnish or 
 perform services or labor for the contractor, or shall furnish any 
 material to be employed in the process of construction as a means for 
 assisting in the erection of the building o.r improvement in what is 
 commonly termed form or form work where concrete, cement or like 
 material is used in whole or in part, shall be known under this Act 
 as a sub-contractor, and shall have a lien for the value thereof, with 
 interest on* such amount frani the date the same is due, from the 
 same time, on the same property as provided for the contractor, 
 and, also, as against the creditors and assignees, and personal and 
 legal representatives of the contractor, on the material, fixtures, appa¬ 
 ratus or machinery furnished, and on the moneys or ather considera¬ 
 tions due or to become due from the owner under the original contract. 
 If the legal effect of any contract between the owner and contractor is 
 that no lien or claim may be filed or maintained by any one, such pro¬ 
 vision shall be binding; but the only admissible evidence thereof as 
 against a sub-contractor or material man, shall be proof of actual notice 
 thereof to him before any labor or material is furnished by him; or 
 proof that a duly written and signed stipulation or agreement to that 
 effect has been filed in the office of the recorder of deeds of the county 
 or counties where the house, building or other improvement is situated, 
 prior to the commencement of the work upon such house, building or 
 other improvement, or within ten days after the execution of the prin¬ 
 cipal contract or not less than ten days prior to the contract of the sub¬ 
 contractor or material man. And the recorder of deeds shall record the 
 same at length in the order of time of its reception in books provided 
 by him for that purpose, and the recorder of deeds shall index the same, 
 in the name of the contractor and in the name of the owner, in books 
 kept for that purpose, and also in the tract or abstract book of the tract, 
 lot, or parcel of land, upon which said house, building or other improve¬ 
 ment is located, and said recorder of deeds shall receive therefor a fee, 
 such as is provided for the recording of instruments in his office. 
 
 In no case, except as hereinafter provided, shall the owner be com- 
 ])elled to pay a greater sum for or on account of the completion of such 
 house, building or other improvement than the price or sum stipulated 
 in said original contract or agreement, unless payment be made to the 
 contractor or to his order, in violation of the rights and interests of the 
 persons intended to be benefited by this Act: Provided, if it shall appear 
 to the court that the owner arid contractor fraudulently, and for the 
 purpose of defrauding sub-contractors fixed an unreasonably low price 
 
46 
 
 in their original contract for the erection or repairing of such house, 
 building or other improvement, then the court shall ascertain how much 
 of a difference exists between a fair price for labor and material used in 
 said house, building or other improvement, and the sum named in said 
 original contract, and said difference shall be considered a part of the 
 contract and be subject to a lien. But where the contractor’s statement, 
 made as provided in section five (5), shows the amount to be paid to 
 the sub-contractor, or party furnishing material, or the sub-contractor’s 
 statement, made pursuant to section twenty-two (22), shows the amount 
 to become due for material; or notice is given to the owner, as provided 
 in sections twenty-four (24) and twenty-five (25), and thereafter such 
 sub-contract shall be performed, or material to the value of the amount 
 named in such statements or notice, shall be prepared for use and 
 delivery, or delivered without written protest on the part of the owner 
 previous to such performance or delivery, or preparation for delivery, 
 then, and in any of such cases, such sub-contractor or party furnishing 
 or preparing material, regardless of the price named in the original con¬ 
 tract, shall have a lien therefor to the extent of the amount named in 
 such statements or notice. Also, in case of default or abandonment by 
 the contractor, the sub-contractor or party furnishing material, shall 
 have and may enforce his lien to the same extent and in the same manner 
 that the contractor may under conditions that arise as provided for in 
 section four (4) of this Act, and shall have and may exercise the same 
 rights as are therein provided for the contractor. 
 
 Approved June 16, 1913. 
 
 Miners’ Examining Board—Eevision 
 
 An Act to provide for the safety of persons employed in and about coal 
 mines, and to provide for the examinations of persons seeking 
 employment therein in order that only competent persons may be 
 employed as miners, and to create a board of examiners for this 
 purpose and to provide a penalty for the violation of the same, and 
 to repeal an Act entitled, “An Act to amend an Act entitled, 'An 
 Act to provide for the safety of persons employed in and about coal 
 mines and to provide for the examination of pe'rsons seeking employ¬ 
 ment as coal miners, and providing penalties for the violation of the 
 same, approved June 1, 1908, in force July 1, 190Sf approved June 
 5, 1909, in force July 1, 1909/' 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That hereafter no person shall be 
 employed or engaged as a miner in any coal mine in this State without 
 having first obtained a certificate of competency and qualification so to 
 do from the “Miners’ Examining Board” of this State, created by this 
 Act: Provided, however, that any such certificated miner may have one 
 person working with him and under his directions as an apprentice for 
 the purpose of learning the business of mining and becoming qualified 
 to obtain a certificate in conformity with the provisions of this Act. 
 
47 
 
 § 2. The Governor shall, by and with the advice and consent of 
 the Senate, within thirty days after this Act shall take effect, appoint 
 three persons as Miners’ Examining Commissioners, who shall consti¬ 
 tute the ^“^Miners’ Examining Board,” for the State of Illinois, and who 
 shall hold office as follows: One of said appointees shall hold office until 
 March 1, 1914, one until March 1, 1915, and one until March 1, 1916, 
 and on the first day of March of each year after this Act shall take 
 effect, one member of said board shall be appointed and the term of 
 office thereafter shall be three years for each member, or until his suc¬ 
 cessor is appointed and qualified. Two of such commissioners shall 
 constitute a quorum. Said commissioners shall hold no other lucrative 
 office or employment under the government of the United States, State 
 of Illinois, or any political division thereof or any municipal corporation 
 therein and each commissioner before entering upon the duties of his 
 office shall subscribe and take the oath prescribed by the Constitution 
 of this State, and shall'before entering upon the duties of his office 
 give a bond with sufficient surety to be appi;oved by the Governor, pay¬ 
 able to the People of the State of Illinois, in the penal sum of five 
 thousand dollars ($5,000), conditioned for the faithful discharge of his 
 duties of office and the delivery of all records, books, moneys, and other 
 property pertaining to his office to his successor in office, which said bond 
 shall be deposited in the office of the Auditor of Public Accounts. 
 
 § 3. No person shall be appointed such miners’ examining com¬ 
 missioner who has not had at least five years’ practical and continuous 
 experience as a coal miner and who has not been actually engaged in 
 coal mining as a miner in the State of Illinois continuously for twelve 
 months next preceding his appointment: Provided, however, that a 
 commissioner may be appointed to succeed himself. 
 
 § 4. Each of said commissioners shall receive a salary of fifteen 
 hundred dollars ($1,500) per year, payable monthly. Such salary to be 
 paid on the certificate of the president of said board verified by the 
 commissioner receiving the same and approved by the Governor. 
 
 § 5. Immediately after the appointment or reappointment of a 
 commissioner in each and- every year, the said board shall organize by 
 selecting ope of its members president and another secretary for the 
 ensuing year, and all records, reports, books, papers and other property 
 pertaining to the office of said board shall be kept by the secretary. The 
 secretary shall be provided with a seal with proper device and on the 
 margin thereof shall be the words, ^^Miners’ Examining Board, State 
 of Illinois.” 
 
 § 6. Such board shall hold an examination once in each calendar 
 month, in at least twelve places located most conveniently with reference 
 to the disrticts in which coal is mined in the State of Illinois so that 
 all persons in such districts or in this State, or who may wish to come 
 into this State, for the purpose of engaging in mining, may be exam¬ 
 ined as to their competency and qualifications. Notice of the time and 
 place of such examinations shall be published in some newspaper of 
 general circulation printed in the English language and published in 
 the vicinity where such examination will be held. Such notice shall be 
 published at least three times before the date of such examination, the 
 first publication not less than seven days before the examination is to 
 
48 
 
 occur. If there is not such newspaper published at the place of such 
 examination, then such notice shall be published in the newspaper 
 nearest to the’place of such examination. 
 
 § 7. Each applicant for the certificate provided for herein shall 
 ])ay a fee of $2 to said board. Fees so collected during each month 
 shall, before the 10th day of the following month, be paid by the board 
 to the State Treasurer, together with a report showing where and from 
 whom each fee was collected. 
 
 § 8. All examinations held by said 'AlineiV Examining Board’^ 
 shall be conducted in the English language and shall be of a practical 
 nature so as to determine the competency and qualification of the appli¬ 
 cant to engage in the business of mining. Said board shall examine 
 liiider oath all persons who apply for certificates as to their previous 
 experience as miners and shall grant certificates of competency or quali¬ 
 fication to such applicants as are qualified, which certificates shall entitle 
 the holder thereof to be employed as and to do the work of miners in 
 this State. Xo certificate of competency shall issue or be given to any 
 person under this Act unless he shall produce evidence of having had 
 not less than two years^ practical experience as a miner or with a miner, 
 and in no case shall an applicant be deemed competent unless he appear 
 in person before said board and orally answer intelligently and correctly 
 at least twelve practical questions propounded to him by the board per¬ 
 taining to the requirements and qualifications of a practical miner. 
 Said board shall keep an accurate record of its proceedings and meet¬ 
 ings and in said record shall show a correct detailed account of the 
 examination of each applicant with questions asked and their answers, 
 and at each of its meetings the board shall keep said record open for 
 public inspection. ISlo miner’s certificate granted under the provision 
 of this Act shall be transferable and any effort to transfer the same 
 shall be deemed a violation of this Act. Such certificates shall be issued 
 only at meetings of said board and said certilicates shall not be legal 
 unless signed by at least two members of said board and sealed with the 
 seal of the board issuing such certificates. 
 
 § 9. Said board shall annually on the first day of March, report 
 to the Governor, in writing, what examinations it has held and what 
 work it has done during the preceding year, together with such recom¬ 
 mendations as it may deem advisable for the improvement of the method 
 of holding examinations and carrying out the purposes of this Act. 
 
 § 10. No person shall hereafter engage as a miner in any coal 
 mine without having obtained a certificate of qualification as provided 
 for in this Act, nor shall any person, firm, or corporation employ as a 
 miner in his, their or its mine in this State, any person who does not 
 hold such certificate, nor shall any mine foreman, overseer, or superin¬ 
 tendent permit or suffer any person to be employed under him or in 
 any mines under his charge or supervision as a miner in any mine in 
 this State, except as herein provided, who does not hold such certificate 
 of qualification. Any person, firm or corporation who shall violate or 
 fail to comply with the provisions of this Act, shall be deemed guilty of 
 misdemeanor and on conviction thereof shall be fined in any sum not 
 less than one hundred dollars ($100), and not more than five hundred 
 
49 
 
 dollars ($500), or shall be imprisoned in the county jail for a term of 
 not less than thirty days, nor to exceed six months, at the discretion of 
 the court. 
 
 § 11. It shall be the duty of said ^^Miners^ Examining Board^^ to 
 report all complaints or charges of non-compliance with, or violation of 
 the provisions of this Act to the State’s attorney of the county in which 
 such non-compliance or violation occurs, and it shall be the duty of the 
 State’s attorney of the county wherein the complaints or charges are 
 made, to investigate the same and prosecute all persons so offending. 
 
 § 12. In order to more effectively carry out the intention and 
 purposes of this Act, the ^“^Miners’ Examining Board” shall have power 
 to administer oaths to any and all persons who are applicants or may 
 vouch in any manner for the service or qualification of any applicant 
 in order to obtain for him a certificate hereunder, and any person who 
 shall willfully swear or falsely testify as to any matter material to such 
 examination or as to the service or qualification of any applicant, shall 
 be deemed guilty of perjury and shall be subject to the penalties thereof 
 as prescribed by the criminal code of this State. 
 
 § 13. The Governor shall have the power and authority to remove 
 any of said commissioners for neglect of duty, incompetency, or mal¬ 
 feasance in office, and upon such removal shall appoint a successor. 
 
 § 14. The invalidity of any section or part of this Act, shall in 
 no manner effect the validity of any other part or of this Act, exclusive 
 of such invalid part or parts, if any. 
 
 § 15. That an Act entitled, ‘^‘^An Act to amend an Act entitled, 
 h\n Act to provide for the safety of persons employed in and about coal 
 mines, and to provide for the examination of persons seeking employ¬ 
 ment as coal miners, and providing penalties for the violation of the 
 same, approved June 1, 1908, in force July 1, 1908,’ approved June 5, 
 1909, in force July 1, 1909,” be and the same is hereby repealed. 
 
 Approved June 27, 1913. 
 
 Mining Investigation Commission 
 
 An Act to establish the Mining Investigation Commission of the State 
 of Illinois, and prescribing its powers and duties and making an 
 appropriation therefor. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That a commission be established 
 to be known as the Mining Investigation Commission of the State of 
 Illinois, consisting of three coal mine owners and three coal miners 
 appointed by the Governor, together with three qualified men, no one of 
 whom shall be identified or affiliated with the interests of either of the 
 mine owners or coal miners or dependent upon the patronage or ‘good 
 will of either, nor in political life, who shall be appointed by the 
 Governor. 
 
 Each member of said commission shall have equal authority, power 
 and voting strength in considering and acting upon any matters which 
 
 —4 L L 
 
50 
 
 may be brought to the attention of the commission and on which the 
 commission may act and the said commission shall have power and 
 authority to investigate the methods and conditions of mining coal in 
 the State of Illinois with special reference to the safety of human lives 
 and property and the conservation of the coal deposits. 
 
 § 2. In making an investigation as contemplated in this Act, said 
 commissioners shall have the power to issue subpoenas for the attend¬ 
 ance of witnesses, which shall be under the seal of the commission and 
 signed by the chairman or secretary of said commission. 
 
 In case any person shall wilfully fail or refuse to obey such sub¬ 
 poena, it shall be the duty of the Circuit Court of any county, upon 
 application of the said commissioners, to issue an attachment for such 
 witness, and compel such witness to attend before the commissioners, 
 and give his testimony upon such matters as shall be lawfully required 
 by such commissioners; and the said court shall have the power to 
 punish for contempt, as in other cases of refusal to obey the process and 
 order of such court. 
 
 The fees of witnesses shall be the same as in the courts of record 
 and shall be paid out of the appropriation hereinafter made. 
 
 And upon order duly entered of record by the said commission any 
 one or more members of the said commission shall be empowered to 
 take testimony touching the matters within the jurisdiction of the said 
 commission and report the same to the said commission. 
 
 Said commission shall have power and are authorized to adopt a 
 seal and to make such rules not inconsistent with or contrary to law for 
 the government of proceedings before it, as it may deem proper and shall 
 have the same power to enforce such rules and to preserve order and 
 decorum in its presence as is vested by the common law or statute of this 
 State in any court of general jurisdiction. 
 
 § 3. Said commission shall meet at the State Capitol building in 
 Springfield on the second Tuesday after notice of their appointment and 
 shall immediately elect a chairman and secretary from among their 
 number, one of whom shall be a coal mine owner and the other a coal 
 miner. Said commission shall cause a record to be kept of all its 
 proceedings. 
 
 Five members of the said commission shall constitute a quorum for 
 the transaction of business, but a less number than a quorum may 
 adjourn the meetings of the commission from time to time. 
 
 Meetings of the said commission other than called meetings, as 
 provided for herein, may be held at such times and places within the 
 State of Illinois as may be fixed by the said commission. 
 
 A meeting of the said commission shall be held upon the written 
 request of any three members of the said commission signed by them 
 and delivered to the secretary, who shall, upon receipt of such request, 
 notify ^each member of said commission by mail of such meeting so to 
 be held, and the time and place thereof. And no such meeting shall 
 be held less than five days after the mailing of notice of the said meeting 
 to the members of said commission by the secretary. 
 
 Such called meeting shall be held either in Springfield or Chicago. 
 
 § 4. Said commission shall report to the Governor and to the 
 General Assembly at its next regular session, submitting, so far as they 
 
51 
 
 have unanimously agreed, a proposed provision of coal mining laws of 
 the State, together with such other recommendations as to the commis¬ 
 sion shall seem fit and proper relating to coal mining in the State 
 of Illinois. 
 
 And where there is not unanimous agreement upon any recom¬ 
 mendation, there shall be submitted in like manner separate reports 
 embodying the recommendations of any one or more members of the said 
 commission, which said reports shall each set forth in detail the recom¬ 
 mendation of the commissioner or commissioners signing said report and 
 shall embody his or their respective reasons for such recommendation 
 and his or their objection to the report of other members of the com¬ 
 mission. 
 
 The duties and functions of said commission shall cease and the 
 terms of office of the respective commissioners shall terminate upon the 
 adjournment of the Forty-ninth General Assembly. 
 
 § 5. The members of said commission who are coal mine owners 
 and coal miners, as aforesaid, shall receive no compensation for their 
 services. The remaining three members of the commission shall receive 
 as compensation for their services the sum of $10 per day for each day 
 actually employed by them as such commissioners. All members of the 
 said commission shall be reimbursed for their actual expenses incurred in 
 and about the actual work of said commission. 
 
 Said commission may appoint a stenographer or clerk and such 
 other employees as are necessary and shall fix their compensation and 
 may incur such other expenses as are properly incidental to the work of 
 the commission. 
 
 § 6. The sum of ten thousand dollars ($10,000), or as much 
 thereof as may be necessary, is hereby appropriated for the postage, 
 stationery, clerical and expert services, and incidental traveling expenses 
 of the commission, and the per diem of members as herein authorized, 
 and the Auditor of Public Accounts is hereby authorized to draw his 
 warrant for the foregoing amount, or any part thereof, in payment of 
 any expenses, charges or disbursements authorized by this Act, on order 
 of this commission, signed by its chairman, attested by its secretary, 
 and approved by the Governor. 
 
 The State Board of Contracts is hereby authorized and directed to 
 provide all necessary printing for the Mining Investigation Commission, 
 and testimony taken by it shall be reported in full and may be published 
 from time to time by the commission. 
 
 Approved June 21, 1913. 
 
 Mines AND Mining—Act of 1911 Eevised 
 
 An Act to' amend sections 1, '2, 3, 5, 6, W, 11, 16, IS, 19, 20 and 21 
 
 of an Act entitled, ‘‘An Act to revise the laws in relation to coal 
 mines and subjects relating thereto, and 'providing for the health 
 and safet'y of persons employed thereinf’ approved June 6, 1911, 
 in force July 1, 1911. 
 
 Section 1. Be it enacted tty the People of the State of Illinois, 
 represented in the General Assembly: That sections 1, 2, 3, 5, 6,-10, 
 11, 14, 16, 18, 19, 20 and 21 of an Act entitled, “An Act to revise the 
 
52 
 
 laws in relation to coal mines and subjects relating thereto, and pro¬ 
 viding for the health and safety of persons employed therein/^ approved 
 June 6, 1911, in force July 1, 1911, be and the same are hereby amended 
 so as to read as follows: 
 
 § 1. (a) That the Governor, with the advice and consent of the 
 
 Senate, shall appoint a State Mining Board, which shall be composed 
 of five members, two of whom shall be practical coal miners, one a prac¬ 
 ticing coal mine hoisting engineer, and two coal operators. 
 
 Powers and duties of board.] (b) Said board shall be author¬ 
 ized, empowered and required to make formal inquiry into and pass 
 upon the practical and technological qualifications and personal fitness 
 of men seeking appointment as State inspectors of mines, and of those 
 seeking certificates of competency as mine managers, as hoisting 
 engineers and as mine examiners. Said board also shall have such other 
 powers and duties as may be prescribed by the provisions of this Act, 
 or any other Act relating to coal mining. Said board also shall control 
 and direct the State mine inspectors hereinafter provided for, in the 
 discharge of their duties, and shall have the power and shall in person 
 and through the State mine inspectors see that all the provisions of the 
 State mining law are enforced. Said board also shall cause to be col¬ 
 lected statistical details relating to coal mining in the State, especially 
 in its relations to the vital, sanitary, commercial and industrial con¬ 
 ditions, and to the permanent prosperity of said industry; and said 
 board shall cause such statistical details to be compiled and summarized 
 as a report of said State Mining Board, to be known as the annual coal 
 report. 
 
 Date and term of appointment.] (c) Their appointment shall 
 date from July 1, 1911, and they shall serve for a term of two years, or 
 until their successors are appointed and qualified. They shall also be 
 sworn to a faithful performance of their duties. One of the coal oper¬ 
 ators member of said board shall be elected as president, and one of the 
 coal miners member of said board shall be elected as secretary. The 
 board may appoint a chief clerk and may employ such other persons as 
 may be necessary for the proper discharge of its powers and duties; all 
 of whom shall perform such duties as may be prescribed by the board 
 from time to time, and the board may from time to time also prescribe 
 standing and other rules for the control and direction of its officers and 
 employees and of the State mine inspectors. 
 
 Supplies furnished by secretary of state.] (d) The Secre¬ 
 tary of State shall assign to the use of the board suitably furnished 
 rooms in the State House, and shall also furnish whatever blanks, blank 
 books, printing, stationery, instruments and supplies the board may 
 require in the discharge of its duties, and for the use of State mine 
 inspectors. 
 
 Frequency of meetings.] (e) The board shall hold such meet¬ 
 ings from time to time as may he necessary for the proper discharge of 
 its duties. The board shall meet at the Capitol on the second Tuesday 
 in September of the year 1911, and annually thereafter, for the examina¬ 
 tion of candidates for appointment as State inspectors of mines. Special 
 examinations also may be held MTencver for any reason it may become 
 necessary to appoint one or more inspectors. 
 
53 
 
 For the examination of persons seeking certificates of competency 
 as mine managers, hoisting engineers and mine examiners, the board 
 shall hold meetings at such times and places within the State as shall, 
 in the judgment of the members, afford the best facilities to the greatest ^ 
 number of candidates. ' 
 
 Public notice shall be given through the press or otherwise, not less 
 than ten days in advance, announcing the time and place at which any 
 examinations under this section are to be held. 
 
 Pules of procedure.] (f) The examination herein provided for 
 shall be conducted under rules, conditions and regulations prescribed by 
 the board. Such rules shall be made a part of the permanent record of 
 tlie board, and such of them as relate to candidates shall be, upon appli¬ 
 cation of any candidate, furnished to him by the board; they shall also 
 be of uniform application to all candidates. 
 
 Compensation of members—salary of chief clerk.] (g) The 
 members of the State Mining Board shall receive as compensation for 
 their services the sum of five dollars ($5) each per day for a term not 
 exceeding one hundred (100) days in any one year, and whatever sums 
 are necessary to reimburse them for such actual and necessary traveling 
 expenses as may be incurred in the discharge of their duties. 
 
 The salary of the chief clerk shall be $2,000 per annum, and he 
 shall be reimbursed for any amounts expended for actual and necessary 
 traveling expenses in the discharge of his duties. 
 
 All salaries and expenses of the board and of its employees shall 
 be paid upon vouchers duly sworn to by each and approved by the 
 president of the board, or in his absence by the acting president, and by 
 the Governor, and the Auditor of Public Accounts is hereby authorized 
 to draw his warrants on the State treasury for the amounts thus shown 
 to be due, payable out of any money in the treasury not otherwise 
 appropriated. 
 
 § 2. Credentials.] (a) An applicant for any certificate herein 
 provided for, before being examined, shall register his name with the 
 State Mining Board and file wfith the board the credentials required by 
 this Act, to wit: An affidavit as to all matters of fact establishing his 
 right to receive the examination, and a certificate of good character and 
 temperate habits, signed by at least ten residents of the community in 
 which he resides. 
 
 Examinations for inspectors.] (b) Persons applying to the 
 State Mining Board as candidates for appointment as State inspectors 
 of mines must produce evidence satisfactory to the board that they are 
 citizens of this State, at least thirty years of age, that they have had a 
 practical mining experience of ten years, and that they are men of good 
 repute and temperate habits; they must pass an examination as to their 
 practical and technological knowledge of mine surveying and mining 
 machinery and appliances, of the proper development and operation of 
 coal mines, of ventilation in mines, of the nature and properties of mine 
 gases, of first aid to injured, of mine rescue methods and appliances, of 
 the geology of the coal measures in this State, and of the laws of this 
 State relating to coal mines. 
 
 Names certified to the governor.] (c) At the close of each 
 examination for inspectors the board shall certify to the Governor the 
 
54 
 
 names of all candidates who have received a rating above the minimum 
 fixed by the rules of the board as being persons properly qualified for 
 the position of inspector. 
 
 Examinations for mine manager.] (d) Persons applying to 
 the board for certificates of competency as mine managers must produce 
 evidence satisfactory to the board that they are citizens of the United 
 States, at least t\venty-four years of age, that they have had at least four 
 years^ practical mining experience, and that they are men of good 
 repute and temperate habits; they must also pass such examination as 
 to their experience in mines and in the management of men, their know¬ 
 ledge of mine machinery and appliances, the use of surveying and other 
 instruments used in mining, the properties of mine gases, the principles 
 of ventilation, of first aid to injured, of mine rescue methods and 
 appliances, and the legal duties and responsibilities of mine managers, 
 as shall be prescribed by the rules of the board. 
 
 For mine managers, second class.] (d) Persons coming before 
 the board for certificates of competency as mine managers, second class, 
 must produce evidence satisfactory to the board that they are citizens 
 of the United States, at least twenty-four years of age, that they have 
 had at least four years^ practical mining experience, and that they are 
 men of good repute and temperate habits. They must also submit to 
 and satisfactorily pass such an examination as to their experience in 
 mines and in the management of men, their knowledge of coal mining, 
 mine ventilation and the mining laws of this State and the required 
 duties and responsibilities of second class mine managers, as shall be 
 prescribed by the rules of the board, and it shall be unlawful to employ 
 second class mine managers, for them to serve in that capacity at mines 
 employing more than ten men. 
 
 Examinations for mine examiners.] (e) Persons applying to 
 the board for certificates of competency as mine examiners, must produce 
 evidence satisfactory to the board that they are citizens of the United 
 States, at least twenty-one years of age, and of good repute and tem¬ 
 perate habits, and that they have had at least four years^ practical 
 mining experience. They must pass an examination as to their 
 experience in mines generating dangerous gases, their practical and 
 technological knowledge of the nature and properties of fire-damp, the 
 laws of ventilation, the structure and uses of safety lamps, and the laws 
 of this State relating to safeguards against fires from any source in 
 mines. They shall also possess a knowledge of first aid to injured and 
 of mine resane methods, and shall hold a certificate from any national 
 or State commission or bureau or other recognized agency. 
 
 Examinations for hoisting engineers.] (f) Persons applying 
 to the board for certificates of competency as hoisting engineers must 
 produce evidence satisfactory to the board that they are citizens of the 
 United States, at least twenty-one years of age, that they have had at 
 least two years’ experience as firemen or engineers of a hoisting plant, 
 and are of good repute and temperate habits. They must pass an 
 examination as to their experience in handling hoisting machinery, and 
 as to their practical and technological knowledge of the construction, 
 cleaning and care of steam boilers, the care and adjustment of hoisting 
 engines, the management and deficiency of pumps, ropes and winding 
 
00 
 
 apparatus, and as to their knowledge of the laws of this State in relation 
 to signals and the hoisting and lowering of men at mines. 
 
 Examination papers preserved.] (g) There shall be a written 
 and an oral examination of applicants as may be prescribed by the rules 
 of the board; and all written examination papers and all other papers 
 of applicants shall be kept on tile by the board for not less than one 
 year, during Avhich time any applicant shall have the right to inspect his 
 said papers at all reasonable times; and any applicant shall be entitled 
 to certified copy of any or all of his said papers upon payment of a 
 reasonable copy fee therefor. 
 
 § 3. Certificates issued by the board.] (a) The certificates 
 provided for in this Act shall be issued under the signature and seal of 
 the State Mining Board, to all those who receive a rating above the 
 minimum fixed by the rules of the board; such certificates shall contain 
 the full name, age and place of birth of the recipient and the length and 
 nature of his previous service in or about coal mines. 
 
 Eecord to be preserved.] (b) The board shall make and pre¬ 
 serve a record of the names and addresses of all persons to whom 
 certificates are issued. 
 
 Effect of certificates.] (c) The certificates provided for in 
 this Act shall entitle the holders thereof to accept and discharge at any 
 mine in this State, the duties for which they are declared qualified. 
 
 Unlawful to employ other than certificated mine man¬ 
 agers.] (d) It shall be unlawful for the operator of any coal mine to 
 have in his service as mine manager at his mine, any person who does 
 not hold a certificate of competency issued by the State Mining Board of 
 this State: Provided, that whenever any exigency arises by which it is 
 impossible for any operator to secure the immediate services of a certifi¬ 
 cated mine manager, he may place any trustworthy and experienced man 
 of the mine inspection district in charge of his mine to act as temporary 
 mine manager for a period not exceeding seven days, and with the 
 approval of the State Inspector of the district, for a further period not 
 exceeding twenty-three days. 
 
 Unlawful to employ other than certificated mine ex¬ 
 aminers.] (e) It shall be unlawful for the operator of any mine to 
 have in his service as mine examiner any persons who does not hold a 
 certificate of competency issued by the State Mining Board: Provided, 
 •that any one holding a mine manager’s certificate may serve as mine 
 examiner; but in any mine employing more than twenty-five (25) men, 
 the mine manager shall not act in the capacity of mine examiner while 
 acting as mine manager: And, provided, whenever an exigency arises 
 by which it is impossible for any operator to secure the immediate 
 sendees of a certificated examiner, he may employ any trustworthy and 
 experienced man of the mine inspection district to act as temporary 
 mine examiner for a period not exceeding seven days, and with the 
 approval of the State Inspector of the district, for a further period not 
 exceeding twenty-three days. 
 
 Unlawful to employ other than certificated hoisting 
 ENGINEER.] (f) It shall be unlawful for the operator of any mine to 
 permit any person who does not hold a certificate of competency as 
 
56 
 
 hoisting engineer issued by the State Mining Board, to hoist or lower 
 men, or to have charge of the hoisting engine when men are underground. 
 
 Temporary employment of uncertificated persons not ex¬ 
 tended.] (g) The employment of persons who do not hold certificates 
 as mine managers and mine examiners, shall in no case exceed the limit 
 of time specified herein, and the State Inspector shall not approve of the 
 employment of such persons beyond the twenty-three day limit. 
 
 Eemovel of inspectors.] (h) Upon a petition signed by not 
 less than three coal operators, or ten coal miners, setting forth that any 
 State inspector of mines neglects his duties, or that he is incompetent, 
 or that he is guilty of malfeasance in office, or guilty of any act tending 
 to the unlawful injury of miners or operators of mines, it shall be the 
 duty of the State Mining Board to issue a citation to the said inspector 
 to appear before it within a period of fifteen days on a day fixed for 
 said hearing, when the said board shall investigate the allegations of the 
 petitioners; and if the said board shall find that the said inspector is 
 neglectful of his duty, or is incompetent, or that he is guilty of mal¬ 
 feasance in office, or guilty of any act tending to the injury of miners 
 or operators of mines, the said board shall declare the office of said 
 inspector vacant, and a properly qualified person shall be duly appointed, 
 in the manner provided for in this Act, to fill said vacancy. 
 
 Cancellation of certificates.] (i) The certificate of any mine 
 manager, hoisting engineer or mine examiner, may be canceled and 
 revoked by the State Mining Board upon notice and hearing as herein¬ 
 after provided, if it shall be established in the judgment of said board 
 that the holder thereof has become unworthy to hold said certificate by 
 reason of violation of the law, intemperate habits, incapacity, abuse of 
 authority or for any other cause: Provided, that any person against 
 whom charges or complaints are made hereunder shall have the right to 
 annear before-said board and defend against said charges, and he shall 
 have fifteen days’ notice in writing of such charge previous to such 
 hearing: Provided further, that the board in its discretion may suspend 
 the certificate of any person charged as aforesaid, pending said hearing, 
 but said hearing shall not be unreasonably deferred. 
 
 § 5. Inspectors appointed.] (a) From the names certified by 
 the State Mining Board, the Governor shall select and appoint twelve 
 State mine inspectors; that is to say, one inspector for each of the 
 twelve inspection districts provided for in this Act; or more, if, in the 
 future, additional inspection districts shall be created, and their com¬ 
 missions shall be for a term of two years from July 1: Provided, the 
 term of any State Mine Inspector in office July 1, 1911, shall be extended 
 to October 1, 1911: And, provided, any State inspector in actual 
 service and good standing and who has passed one examination under 
 this Act may be reappointed for the next ensuing term, without further 
 certification, but shall not be so reappointed more than three times: 
 Provided, further, no man shall be eligible for appointment as a State 
 inspector of mines who has any pecuniary interest in any coal mine in 
 Illinois. 
 
 (b) The county board of supervisors, or of commissioners in 
 counties not under township organization, of any county in which coal 
 is produced, upon the written request of the State Inspector of Mines 
 
57 
 
 for the district in which said county is located, shall appoint a county 
 inspector of mines as assistant to such State inspector, but no person 
 shall be eligible for appointment as county inspector who does not hold 
 a State certificate of competency as mine manager, and the compensation 
 of such county inspector shall be fixed by the county board at not less 
 than three dollars per day, to be paid out of the county treasury. 
 
 The State inspector may authorize any county inspector in his 
 district to assume and discharge all the duties and exercise all the powers 
 of a State Inspector in the county for which he is appointed, in the 
 absence of the State inspector; but such authority must be conferred 
 in writing and the county inspector must produce the same as evidence 
 of his powers upon the demand of any person affected by his acts; and 
 the bond of said State Inspector shall be holden for the faithful per¬ 
 formance of the duties of such assistant inspector. 
 
 Bond.] (c) State inspectors, before entering upon their duties 
 as such must take an oath of office, as provided for by the Constitution, 
 and enter into a bond to the State in the sum of five thousand dollars 
 ($5,000) for State mine inspectors, with sureties to be approved by the 
 Governor, conditioned upon the faithful performance of their duties in 
 every particular, as required by this Act. Said bonds, with the approval 
 of the Governor endorsed thereon, together with the oath of office, shall 
 be deposited with the Secretary of State. 
 
 Instruments.] (d) The State Mining Board shall furnish to 
 ■ each of said State inspectors an anemometer, a safety-lamp and such 
 other instruments and such blanks, blank-books, stationery, printing 
 and supplies as may be required by said inspectors in the discharge of 
 their official duties. Said instruments and supplies shall be paid for 
 on bills of particulars certified by the proper officers of the board and 
 approved by the Governor ;and the Auditor of Public Accounts shall 
 draw his warrants on the State treasury for the amounts thus shown to 
 be due, payable out of any money in the treasury not otherwise appro¬ 
 priated. 
 
 Examination of mines.] (e) State inspectors shall devote their 
 whole time and attention to the duties of their respective offices. State 
 inspectors shall make a personal examination at least once in every six 
 months, or oftener if fiecessary, of each mine in their district i?i ivliich 
 ten or more men a're employed. The State Mining Board also may 
 require State inspectors personally to examine any or all other mines in 
 their respective districts. Every mine in the State shall be examined 
 at least once in every six months by either a State or county mine 
 inspector. 
 
 Scope of examination.] (f) Every State inspector in the 
 regular inspection of mines shall measure with an anemometer and 
 determine the amount of air passing in the last cross-cut in each pair 
 of entries in pillar and room mines, or in the last room of each division 
 in long wall mines. He shall also measure with an anemometer and 
 determine the amount of air passing at the inlet and outlet of the 
 mines; and he shall compare all such air measurements with the last 
 report of the mine examiner and the mine manager upon the mine 
 examination book of the mine. He must observe that the legal code of 
 
58 
 
 signals between the engineer and top man and bottom man is established 
 and conspicuously posted for the information of all employees. 
 
 State inspectors also shall require that every necessary precaution 
 be taken to insure the health and safety of the workmen employed in 
 the mines, and that the provisions and requirements of all the mining 
 laws of this State are obeyed. 
 
 State inspectors shall render written reports of mine inspections 
 made by them to the State Mining Board in such form and manner as 
 shall be required by the board. State inspectors shall take prompt action 
 for the enforcement of the penalties provided for violation of the 
 mining laws. 
 
 Authority to enter.] (g) It shall be lawful for State inspectors 
 to enter, examine and inspect any and all coal mines and the machinery 
 belonging thereto, at all reasonable times, by day or by night, but so as 
 not to unreasonably obstruct or hinder the working of such coal mine, 
 and the operator of every such coal mine is hereby required to furnish 
 all necescsary facilities for making such examination and inspection. 
 
 Procedure in case of objection.] (h) If any operator shall 
 refuse to permit such inspection or to furnish the necessary facilities 
 for making such examination and inspection, the inspector shall file his 
 affidavit, setting forth such refusal, with the judge of the the Circuit 
 Court in said county in which said mine is situated, either in term time 
 or vacation, or, in the absence of said judge, with a master in chancery 
 in said county in which said mine is situated, and obtain an order on 
 such owner, agent or operator so refusing as aforesaid, commanding him 
 to permit and furnish such necessary facilities for the inspection of such 
 coal mine, or to be adjudged to stand in contempt of court and punished 
 accordingly. 
 
 XoTiCES TO BE POSTED.] (i) The State inspector shall post in 
 some conspicuous place at the top of each mine inspected by him, a plain 
 statement showing what in his judgment is necessary for the better 
 protection of the lives and health of persons employed in such mine; such 
 statement shall give the date of inspection and be signed by the 
 inspector. He shall post a notice at the landing used by the men, 
 stating what number of men will be permitted to ride on the cage at 
 one time and the rate of speed at which men may be hoisted and lowered 
 on the cages. 
 
 Sealer of weights.] (j) State inspectors are hereby made 
 ex officio sealer of weights and measures in their respective district, and 
 as such are empowered to test all scales used to weigh coal at coal mines. 
 Upon the written request of any mine owner or operator, or of ten coal 
 miners employed at any one mine, it shall be the duty of the inspector 
 to test any scale or scales at such mine against which complaint is 
 directed, and if he shall find that they or any of them do not weigh 
 correctly, he shall call the attention of the mine owner or operator to 
 the fact, and direct that said scale or scales be at once overhauled and 
 readjusted so as to indicate only true and exact weights, and he shall 
 forbid the further operation of such mine until such scales are adjusted. 
 In the event that such tests shall conflict with any test made by any 
 
59 
 
 county sealer of weights, or under and by virtue of any municipal 
 ordinance or regulation, then the test of such mine inspector shall 
 prevail. 
 
 Test weights.] (k) For the purpose of carrying out the pro¬ 
 visions of this x4ct, each State inspector shall be furnished by the State 
 with a complete set of standard weights suitable for testing the accuracy 
 of tract (track) scales and of all smaller scales at mines, said test 
 weights to be paid for on bills of particulars, certified by the Secretary 
 of State and approved by the Governor. Such test weights shall remain 
 in the custody of the inspector for use at any point within his district, 
 and for any amounts expended by him for the storage, transportation or 
 handling of the same, he shall be fully reimbursed upon making entry 
 of the proper items in his expense voucher. 
 
 Inspectoes" annual eepokts.] (1) Each State Inspector of 
 Mines shall, within sixty days after June 30 of each year, prepare and 
 forward to the State Mining Board a formal report of his acts during 
 the year in the discharge of his duties, with any recommendations as to 
 legislation he may deem necessary on the subject of mining, and shall 
 collect and tabulate upon blanks furnished by said board all desired 
 statistics of mines and miners within his district to accompany said 
 annual report. 
 
 Eeports to be published.] (m) On the receipt of said 
 inspectors’ reports the chief clerk of the State Mining Board shall com¬ 
 pile and summarize the same, to be included in the report of said board, 
 to be known as the annual coal report, which shall, within four months 
 thereafter, be bound, printed and transmitted to the Governor for the 
 information of the General Assembly and the public. The printing and 
 binding of said reports shall be provided for by the Commissioners of 
 State Contracts in like manner and in like numbers as they provide for 
 the publication of other official reports to the Governor. 
 
 Eepoets by operator.] (n) Every coal operator shall, within 
 thirty days after June 30 of each year, furnish to the State Mine 
 Inspector of the district, on blanks furnished by him prior to said June 
 30, statistics of the wages and conditions of their employees as required 
 by law. The failure of any inspector to forward to the State Mining 
 Board his formal report, as provided in paragraph one (1) hereof, or 
 the failure of any coal operator to furnish to the State Mine Inspector 
 of the district of statistics provided for herein, shall be adjudged a mis¬ 
 demeanor and be subject to a fine of $100. 
 
 § 6. Pay of inspectors.] Each State Inspector of Mines shall 
 receive as compensation for his services the sum of $1,800 per annum, 
 and for traveling and other necessary expenses each shall receive the 
 sum actually expended for that purpose in tire discharge of his official 
 duties: Provided, such expenses shall not exceed one hundred dollars 
 per calendar month for each State Inspector of Mines, both salary and 
 expenses to be paid monthly by the State Treasurer, on warrants of tlie 
 Auditor of Public Accounts, from the funds in the treasury not other¬ 
 wise appropriated; said expense vouchers shall show the items of expeudi- 
 tures in detail, with sub-vouchers for the same so far as it is practicable 
 to obtain them. Said vouchers shall be sworn to by the inspector and 
 
60 
 
 be approved by the president of the State Mining Board and the 
 Governor. 
 
 § 10. Gates at landings.] (a) The upper and lower landing 
 at the top of each shaft;, and the opening of each intermediate seam from 
 or to the shaft, shall be kept clear and free from loose materials, and 
 shall be protected with automatic or other gates, such gates to he of good, 
 serviceable construction for the purpose for which they are designed, 
 namely, to prevent either men or materials from falling into the shaft. 
 At the top landing cage supports, where necessary, must be carefully set 
 and adjusted so as to securely hold the cage when at rest. 
 
 Lights on landings.] (b) Whenever the hoisting or lowering 
 of men occurs before daylight or after dark, or when the landing at 
 which men take or leave the cage is at all obscured by steam or other¬ 
 wise, there must always be maintained at such landing a light sufficient 
 to show the landing and surounding objects distinctly. Likewise, as long 
 as there are men underground in any mine the operator shall maintain 
 a good and sufficient light at the bottom of the shaft thereof, so that 
 persons coming to the bottom may clearly discern the cage and objects 
 in the vicinity. 
 
 Hoisting equipment.] (c) Every shaft in which men are hoisted 
 and lowered must be equipped with a cage, or cages, fitted to guide-rails 
 running from the top to the bottom. Said cages must be safely con¬ 
 structed; they must be furnished with sheet-metal covers adequate to 
 protect persons riding thereon from falling objects; they must be 
 equipped with safety catches. Every cage on which persons are carried 
 must be fitted with iron bars or rings in proper place and sufficient 
 number to furnish a secure hand-hold for every person permitted to 
 ride thereon. There shall be attached to every cage on which men are, 
 or may be, hoisted or lowered, a horn or other device with which signals 
 can be given on the cage. Hoisting ropes when socheted at the cage ^hall 
 he cut off and resocketed at least once each six months and a notice shall 
 he posted in the engine room giving the date when the rope was installed 
 and when resocketed. 
 
 (d) In connection with every hoisting engine used for hoisting 
 or lowering of men there shall be provided as follows: 
 
 Brake on drum.] (1) A good and sufficient brake on the drum, 
 so adjuted that it may be operated by the engineer without leaving his 
 post at the levers. 
 
 Flanges.] (2) Flanges attached to the sides of the drum, with a 
 distance when the whole rope is wound on the drum of not less than 4 
 inches between the outer layer of rope and the greatest diameter of the 
 flange. 
 
 Eope fastenings.] (3) One end of each hoisting rope shall be 
 well secured on the drum, and at least three laps of the same shall remain 
 on the drum when the cage is at rest at the lowest caging place in the 
 shaft. 
 
 The lower end of each rope shall be securely fastened to the cage by 
 suitable sockets and chains. 
 
 Indicator.] (4) An index dial or indicator that plainly shows 
 the engineer at all times the true position of the cages in the shaft. 
 
61 
 
 Signals.] (e) At every mine where men are hoisted and lowered 
 by machinery there shall be provided means of signaling to and from 
 the bottom man, the top man and the engineer. The signal system shall 
 consist of a tube, or tubes, or wire encased in wood or iron pipes, through 
 which signals shall be communicated by electricity, compressed air or 
 other pneumatic devices, or by ringing a bell. When compressed air 
 or other pneumatic devices are used for signaling, provision must be 
 made to prevent signal from repeating or reversing. The following 
 signals shall be used at mines where signals are required: 
 
 From the bottom to the top: One ring or whistle shall signify to 
 hoist coal or the empty cage, and also to stop either when in motion. 
 
 Two rings or whistles shall signify to lower cage. 
 
 Three rings or whistles shall signify that men are coming up or going 
 down; when return signal is received from the engineer the men shall 
 get on the cage and the proper signal to hoist or lower shall be given. 
 
 Four rings or whistles shall signify to hoist slowly, implying danger. 
 
 Five rings or whistles shall signify accident in the mine and a call 
 for a stretcher. 
 
 Six rings or whistles shall signify hold cage perfectly still until 
 signaled otherwise. 
 
 From top to bottom, one ring or whistle shall signify: All ready, 
 get on cage. 
 
 Two rings or vdiistles shall signify: Send away empty cage. 
 
 Provided, that the operator of any mine may, with the consent of 
 the inspector, add to this code of signals in his discretion. The code of 
 signals in use at any mine shall be conspicuously posted at the top and 
 at the bottom of the shaft, and in the engine room at some point in 
 front of the engineer when standing at his post. 
 
 Gauges.] (f) Every boiler shall be provided with a glass water 
 gauge and not less than three try cocks and also a steam gauge, except 
 that where two or more boilers are equipped with a steam drum properly 
 connected with the boilers to indicate the steam pressure and without 
 any valves between said boilers and the steam drum, the steam gauge 
 may be placed in said steam drum; and other steam gauge shall be 
 attached to the steam pipe in the engine house, each to be placed in such 
 a position that the engineer and the fireman can readily see what pres¬ 
 sure is being carried. Such steam gauges shall be kept in good order 
 and adjusted and be tested as often, at least, as every six months. 
 
 Safety valves.] (g) Every boiler shall be provided with a safety 
 valve with weights or springs properly adjusted, except that where two 
 or more boilers are equipped with a steam drum properly connected 
 with the boilers to indicate the steam pressure and without any valves 
 between said boilers and the steam drum, the safety valve may be placed 
 in said steam drum. 
 
 Inspection of boilers.] (h) All boilers used in generating 
 steam in and about coal mines or sinking shafts shall be kept in good 
 order, and the operator of every coal mine where steam boilers are in 
 use shall have said boilers thoroughly examined and inspected by a 
 competent boilermaker or other qualified person, not an employee of said 
 operator, as often as once in every six months, and oftener if the mine 
 
62 
 
 inspector shall so require in writing, and the result of every such inspec¬ 
 tion shall be reported on suitable blanks to said mine inspector. 
 
 Run-around at bottom.] (i) At every underground landing 
 where men enter or leave the cage and where men must pass from one 
 side of the cage to the other there shall be a safe passageway, free from 
 obstruction and dry as possible, around the shaft not less than three 
 feet wide for the use of men only; aud animals or cars shall not be taken 
 through such passageway while men are passing or desirous of passing 
 through such passageway. 
 
 Refuge place on shaft bottom.) (j) A refuge place or places 
 for men coming out at the close of the day^s work shall be provided off 
 the main bottom of cageroom in shaft mines, at a place or places and of 
 such size as shall be approved by the State Mine Inspector. Such place 
 or places shall be not more than 400 feet from the shaft, where men are 
 hoisted, and shall he Jcept free from loose material. When leaving such 
 refuge places to be hoisted out, the men shall be governed by the rules 
 of the mine. 
 
 Obstructions in shaft.] (k) No accumulation of ice or obstruc¬ 
 tions of any kind shall be permitted in any shaft in which men are 
 hoisted or lowered; nor shall any dangerous gases or steam be discharged 
 into said shaft in such quantities or at such times as to interfere with 
 the safe passage of men. All surface or other water which flows therein 
 shall be conducted by rings or otherwise to receptacles provided for the 
 same in such manner as to prevent water from falling upon men while 
 passing into or out of the mine or while in the discharge of their duties 
 about the shaft bottom. 
 
 Inspection.] (1) All shafts by which men enter or leave the 
 mine, and the passageways leading thereto, or to the works of a con¬ 
 tiguous mine used as an escapement shaft shall be carefully examined at 
 least once each week that the mine is operating and the date and findings 
 of such an examination entered promptly in the books kept at the mine 
 for that purpose. If obstructions to the free passage of men are found, 
 their location and nature shall be stated in said report. Such obstruc¬ 
 tions shall be promptly removed. 
 
 § 11. Buildings on the surface.] (a) After the passage of 
 this Act, all buildings and structures erected over a shaft, slope or drift 
 mouth, and within one hundred (100) feet of the same shall he of metal, 
 rock, clay, cement, clay or cement products, or a comhination of the 
 same. All fan houses, tops of air and escape shafts and fan drifts shall 
 also he constructed of the above mentioned materials or a combination 
 thereof. In connection with above construction^ tuood may he used only 
 for floors, windows, doors, or the frames for the same: Provided, that 
 this paragraph shall not apply to mines employing ten (10) men or less. 
 
 Oil and other explosives.] (b) No oils or similarly inflainmable 
 materials shall be stored within 100 feet of any hoisting or escapement 
 shaft, nor in any mine. 
 
 All lubricating oil used in coal mines shall be contained in closed 
 receptacles. In the mine, oil shall not be heated over a fire or lamp. 
 
 All explosive materials shall be stored in a fireproof magazine 
 located on the surface not less than 500 feet from all other buildings in 
 
63 
 
 connection with the mine^ and such magazine shall be so placed as not 
 to jeopardize the free and safe exit of men from the mine in case of an 
 explosion at the magazine. 
 
 Engine and boiler-house.] (c) Any building erected after the 
 passage of this Act, for the purpose of housing the hoisting engine or 
 boilers at any mine, shall be substantially fireproof, and no boiler-house 
 shall be nearer than sixty feet to the main shaft or other opening, or to 
 any buildiiig or inflammable structure connecting therewith. 
 
 § 14. Ventilation.] (a) At every coal mine there shall be 
 provided, supplied and maintained an amount of air which shall not be 
 less than 100 cubic feet per minute for each person, and not less than 
 500 cubic feet per minute for each animal in the mine, measured at the 
 foot of the downcast and of the upcast; except that in gaseous mines 
 there shall be not less than 150 cubic feet of air per minute for each 
 person in the mine. The inspector shall have power by order in writing 
 to require these quantities to be increased. 
 
 (b) The main current of air shall be so split or subdivided as to 
 give a separate current of reasonable pure air to every 100 men at work, 
 and the inspector shall have authority to order, in writing, separate 
 currents for smaller groups of men, if, in his judgment, special con¬ 
 ditions render it necessar}^ 
 
 (c) Doors, curtains or brattices shall be placed at such places as 
 may be designated by the mine manager, subject to the approval of the 
 State inspector, to conduct into the working places an amount of air 
 sufficient to render the working places reasonably free from deleterious 
 air of every kind. 
 
 (d) Away from the pillar for the mine bottom, crosscuts between 
 entries shall be made not more than sixty feet apart without permission 
 of the State inspector of the district and then only in case of ^Taults.’^ 
 When such consent is given, brattice or other means must be provided 
 within sixty feet of the face to convey the air to the working place until 
 a cross-cut is opened up. 
 
 When undercut or sheared, the entry, cross-cut and room-neck may 
 be advanced concurrently, but not more than one cutting shall be shot in 
 the room-neck until the cross-cut is finished ; and after the entry has 
 advanced fifteen feet beyond the location of the new cross-cut, only one 
 shot shall be fired in the entry to two in either or both the cross-cut and 
 room-neck at the same shooting time. 
 
 When not undercut or sheared, the entry and cross-cut may bo 
 advanced concurrently, but no room shall be opened in advance of the 
 last open cross-cut, and after the entry has advanced fifteen feet beyond 
 the location of a new cross-cut only one shot shall be fired in the entry 
 to two in the cross-cut at the same shooting time. 
 
 Not more than three shots shall be exploded at one shooting time 
 ahead of the last open cross-cut. 
 
 (e) After the taking effect of this Act, the first cross-cut between 
 all rooms off any entry shall not be more than sixty (60) feet from the 
 rib of the entry. Additional cross-cuts shall not be more than sixty (60) 
 feet apart. 
 
 (f) All cross-cuts connecting inlet and outlet air courses, except 
 the last one nearest the face, shall be closed with substantial stoppings 
 
(>4 
 
 to be made as nearly air-tight as possible. In the making of the air¬ 
 tight partitions or stoppings, no loose material or refuse shall be used. 
 
 Cross-cuts between rooms, except the one nearest the face, shall be 
 closed sufficiently to carry to the working places the amount of air 
 required by law. 
 
 (g) All possible care and diligence shall be exercised in the 
 examination of working places, especially for the investigation and detec¬ 
 tion of explosive gases therein, and where found, such gas shall be 
 removed by a special current of air produced by bratticing or from a 
 pipe, before men are permitted to work in such places with other lights 
 than safety lamps. 
 
 (h) If, in any mine, the conditions are such that in the judgment 
 of the mine manager or the judgment of the State Mine inspector 
 expressed in writing, it is necessary to use safety lamps only in Avorking 
 said mine, other lights shall not be used therein. 
 
 (i) The air from the outlet of the stable shall not pass into the 
 intake air current used for ventilating the Avorking parts of the mine. 
 
 (j) All doors in mines, used in guiding and directing the venti¬ 
 lating currents shall be hung and adjusted so as to close automatically. 
 
 (k) At all doors through AAffiich three or more drivers are hauling 
 coal on any one shift, an attendant shall be employed on said shaft 
 (shift) for the purpose of opening and closing said doors Avhen trips 
 of cars are passing to and from the Avorkings: Provided, the mine 
 inspector in case of specially dangerous conditions, shall have poAver to 
 require in Avriting that an attendant be placed at doors through AAdiich 
 less than three drivers pass. Places for shelter shall be provided at such 
 doorAvays to protect the attendants from being injured by the cars while 
 attending to their duties: Provided, that in any or all mines, Avhere 
 doors are constructed in such a manner as to open and close auto¬ 
 matically, attendants and places for shelter shall not be required. 
 
 (l) If the inspector shall find men Avorking Avithout the amount 
 of air required by laAv, he shall at once notify the mine manager to 
 increase the amount of air in accordance with the laAv. Upon the failure 
 or refusal of the manager to act promptly, and in all cases Avhere men 
 are endangered by such lack of air, the inspector shall at once order the 
 men affected out of the mine. 
 
 (m) In case the passageAvays, roadAvays or entries of any mine are 
 so dry that the air becomes charged Avith dust, the operator of such 
 mine must have such roadways regularly and thoroughly sprayed, 
 sprinkled or cleaned. 
 
 (n) At all mines employing over 100 men underground, and in 
 all mines generating fire damp, the ventilating fan shall be run both 
 day and night; at all mines employing less than 100 men underground, 
 the fan shall be run at its usual speed for six hours before men go into 
 the mine to work. A recording pressure gauge shall be maintained in 
 connection Avith each fan at all mines. Provided, nothing in this clause 
 shall apply to mines employing ten men or less. 
 
 § 16. Cars.] (a) When there is *an open hook coupling on 
 either end of the car, the hook and links must be attached so that Avhen 
 hanging doAAm, the coupling will be clear of the ties and rails. 
 
65 
 
 Mine cars in use when this Act shall become in force and effect 
 shall.be made to comply with this provision within one year thereafter. 
 
 (b) In mines opened after the passage of this Act, all mine cars 
 shall be equipped with a bumper or bumpers on each end, which shall 
 project from beyond the end of the car not less than four inches in 
 length. This shall not be held to apply to mines employing ten men 
 or less. 
 
 § 18. Oil standards.] All illuminating oils or other illuminants 
 used in coal mines shall conform to such specifications as shall be 
 prescribed by the State Mining Board. 
 
 Brands of oil.] (b) All oils sold or offered for sale to be used 
 for illuminating purposes in coal mines shall be stamped or branded 
 upon the original barrel or package in which said oil is furnished to 
 the person, firm or corporation selling or furnishing such oil to show 
 that such oil has been tested and found to conform to the specifications 
 prescribed by the State Mining Board. 
 
 Penalty.] (c) Any person, firm or corporation, either by them¬ 
 selves, agents or employees, selling or offering to sell for illuminating 
 purposes in any‘mine in this State any oil not complying with the 
 specifications of the State Mining Board as suitable for illuminating 
 purposes as contemplated in this Act, shall be deemed guilty of a mis¬ 
 demeanor, and, upon conviction thereof, shall be fined not less than 
 twenty-five dollars, nor more than one hundred dollars for each offense; 
 and any mine owner or operator or employee of such owner or operator 
 who shall knowingly use, or any mine operator who shall knowingly 
 permit to be used, for illuminating purposes in any mine in this State 
 any oil, the use of which is forbidden by this Act, shall be guilty of a 
 misdemeanor, and shall be fined not less than five dollars nor more than 
 twenty-five dollars. 
 
 Sampling and testing.] (d) The State mine inspectors shall 
 have authority to sample all oil used for illuminating purposes in the 
 mines of this State, or kept on hand for use or for sale at such mines, 
 and for such purpose they may enter upon the premises of any person. 
 It shall be their duty to send to the State Mining Board to be tested a 
 sample of any oil they have reason to suspect does not comply with the 
 specifications of the State Mining Board in regard to illuminating oil 
 for use in mines; and if the said sample of oil is found after suitable 
 tests not to comply with the provisions of this Act, the person using 
 said oil or selling or offering the same for sale, shall be prosecuted in 
 accordance with the provisions of this Act. 
 
 § 19. Amount of pow^der kept in mine.] (a) No blasting 
 powder, or other explosives, shall be stored in any coal mine, and no 
 workman shall have at any time in the mine more than thirty-five 
 pounds of black powder nor more than twenty-five pounds of permissible 
 explosives, nor more than three pounds of other high explosives: Pro¬ 
 vided, that nothing in this section shall be construed to prevent the 
 operator of any mine from taking into the mine, when miners are not 
 therein, and in electrically equipped mines, while the current is turned 
 off on roadways through which it is transported, a sufficient quantity 
 
 —5 L L 
 
66 
 
 of powder for the reasonable requirements of such mine for the next 
 succeeding working day. The delivery of powder into coal mines shall 
 be during the interval after the shot tirers have come out of the mine 
 and prior to the entry of the day shift into the mine in the morning; 
 but in the iterim before such powder is delivered to the men, it shall 
 be kept in a closed receptacle. 
 
 Explosives shall not be carried in the same car with tools or other 
 materials. 
 
 Pla€e and manner of keeping in the mine.] (b) Every 
 person who has powder or other explosives in a mine shall, keep the 
 same in a wooden box securely locked, with hinged lid, and said box 
 shall be kept as far as practicable from the track; and all powder boxes 
 shall be kept as far as practicable from each other and each in a 
 scheduled place. Black powder and high explosives or caps shall not 
 be kept in the same box. Detonating explosives and detonators shall not 
 be kept in the same box. 
 
 Manner of handling.] (c) Whenever a workman is about to 
 open a box or keg containing powder or other explosive, and while 
 handling the same, he shall place and keep his lamp at least five feet 
 distant from said explosive, and in such position that the air current 
 can not convey sparks to it, and no person shall approach nearer than 
 five feet to an open box containing an open keg of powder or other 
 explosive with a lighted lamp, lighted pipe or other thing containing 
 fire. No miner, workman or other person shall open any receptacle 
 containing an explosive except by the means of opening the same pro¬ 
 vided by the manufacturer thereof, and it shall be unlawful for any 
 person to have in his possession in any mine any receptacle containing 
 explosives which has been opened in violation of this Act. 
 
 Quality of powder in one charge.] (d) The quantity of 
 powder to be used in the preparation of shots shall not, in any case, 
 exceed five standard chargers full of powder in coal seams five and one- 
 half feet or over in thickness.; and shall not, in any case, exceed four 
 standard chargers full of powder in coal seams under five and one-half 
 feet in thickness. 
 
 Standard charger.] (e) For the purpose of determining the 
 quantity of powder to be used in the preparation of any given shot, a 
 standard charger is defined and prescribed to be a cylindrical metallic 
 charger not to exceed twelve inches in length and not to exceed one 
 and one-half inches in diameter. 
 
 Dead holes.] (f) No person shall drill or shoot a dead hole as 
 hereinafter defined. A ^Mead hole’’ is a hole where the width of the 
 shot at the point measured at right angles to the line of the hole is so 
 great that the heel is not of sufficient strength to at least balance the 
 resistance at the point. The heel means that part of the shot which lies 
 outside of the powder. 
 
 In solid shooting, the width of the shot at the point, in seams of 
 coal six feet or less in height, shall not be greater than the height of the 
 coal, and in seams of coal more than six feet in thickness, the width of 
 the shot at the point shall, in no case, be more than six feet. 
 
 In undercut coal, no hole shall be drilled ^ffin the solid” for any 
 part of its length. 
 
67 
 
 Mixed shots.] (g) In no case shall more than one kind of 
 explosive be used in the same drill hole. 
 
 Copper tools.] (h) The needle used in preparing a blast shall 
 be made of copper, and any metallic tamping-bar or scraper which is 
 used for placing explosives for shots shall be tipped with at least five 
 inches of copper. A scraper shall not be used for tamping. 
 
 Tamping.] (i) Every blasting hole shall be tamped full from the 
 explosive to the mouth of the hole, and no coal dust or any material 
 that is inflammable or that may create a spark, whether the same shall 
 be wet or dry, shall be used for tamping. 
 
 Use of squibs.] (j) When a squib is used to fire a shot it shall 
 be unlawful to shorten or oil the match of the squib or to ignite it 
 except at the end. 
 
 Warning before firing.] (k) Before firing a shot, the person 
 firing the same shall see that all persons are out of danger from the 
 probable effects of such shot, and shall take measures to prevent any one 
 approaching by shouting ^^fire’^ before lighting the same. 
 
 Not more than one shot at a time.] (1) Not more than one 
 shot shall be lighted at the same time in any working place unless the 
 firing is done by electricity or by fuses of such length that the interval 
 between the explosions of any two shots shall be not less than one 
 minute, and in no case shall any shot or shots be fired or lighted which 
 are termed depending or dependent shots, until after the expiration of 
 ten minutes from the successful firing of the relieving shot or shots. 
 When successive shots are to be fired in any working place in which the 
 roof is broken or faulty, the smoke shall be allowed to clear away and 
 the roof-examined and made secure between shots. 
 
 Missed shots.] (m) No person shall return to a missed shot, if 
 lighted with a squib, until five (5) minutes have elapsed from the time 
 of lighting the same, or, if lighted with fuse, until the following day; 
 and no person shall return to a missed shot when the firing is done by 
 electricity unless the wires are disconnected from the battery. 
 
 (n) No missed shot shall be withdrawn excepting by the use of 
 copper-tipped or wooden tools. 
 
 § 20. (a) It shall be the duty of the mine manager: 
 
 1. To visit each working place in the mine at least once in 
 two weeks. 
 
 2. To provide a suitable checking system whereby the entrance and 
 departure from the mine of each employee shall be indicated. 
 
 3. To have the underground workings of the mine examined by a 
 certificated mine examiner within eight hours preceding every day upon 
 which the mine is to be operated. Such a mine examiner shall make 
 the examination as provided in this Act, and he shall enter his report 
 thereof with indelible pencil or ink in a well bound or properly protected 
 loose leaf book provided for that purpose, before the men are permitted 
 to enter the mine in the morning. This book shall be kept in some con¬ 
 venient place on top, but not in the engine room, for the information of 
 the inspector and other persons interested therein. 
 
 4. To examine the mine examiner^s report in the morning, and if 
 the working places are reported dangerous, he shall withhold the 
 entrance checks of men working in such plaices until he has taken every 
 
68 
 
 proper precaution to advise such men of the danger and instructed them 
 not to work in such places until the reported danger has been removed, 
 except for the purpose of removing same. 
 
 5. When there is to be a night shift mining coal, the mine man¬ 
 ager shall require the places in which such night shift are expected to 
 work to be examined for gas, or falls or dangerous roof, by the person 
 in charge of such night shift or some competent person duly authorized 
 by him before the men enter such places for work. The night shift may 
 go into the mine while the night examiner is in the mine, excepting in 
 mines where marsh gas has been detected in dangerous quantities, pro¬ 
 vided they do not go into the working places until the required examina¬ 
 tion is made. 
 
 Certificated mine examiners shall not be required for the examina¬ 
 tion peceding the night shift, excepting in mines where marsh gas is 
 detected in dangerous quantities. The night examiner, or examiners, 
 shall make a record of their examination in a special book kept for that 
 purpose, which shall be kept in some convenient place on top when not 
 in use by the examiner. 
 
 6. He shall provide a sufficient number of props, caps and timbers, 
 when demanded, delivered on the miners^ cars at the usual ^ place, in 
 suitable lengths and dimensions for the securing of the roof by the 
 miners. 
 
 7. He shall see that the cross-cuts are made at proper distances 
 apart, and that the necessary doors, curtains, and brattices are provided 
 to secure the men in the mine the volume of aid required by this Act, 
 or by the written demands of the mine inspector; also, that all stoppings 
 along air-ways are properly and promptly built. 
 
 8. He shall keep careful watch over all ventilating apparatus, and 
 the air currents in the mine, and in case of accident to fan or machinery 
 by which the air currents are stopped or materially obstructed, he shall 
 at once order the withdrawal of the men from the mine and prohibit 
 their return until the required ventilation has been re-established. 
 
 9. He shall measure the air current or cause the same to be 
 measured at least once each week at the inlet and outlet, and shall keep 
 a record of such measurements for the information of the mine inspector. 
 
 10. He or his assistants shall, at least once a week, examine the 
 roadways leading to the escapement shaft or other openings for the 
 safe exit of men to the surface; and shall make a record of any obstruc¬ 
 tions or other unsafe conditions existing therein, and cause the same to 
 be promptly removed. 
 
 11. He shall examine or designate a competent person to examine 
 the hoisting ropes, cages and safety catches every morning, and shall 
 require the ropes to be tested by hoisting the cages before the men are 
 lowered. 
 
 12. He must see that the top man and bottom man are on duty 
 and that sufficient lights are maintained at the top and bottom landings 
 when the miners are being hoisted and lowered. 
 
 13. The mine manager or his assistant shall be at his post at the 
 mine when the men are lowered into the mine in the morning for work, 
 and shall remain at night until all the men employed during the day 
 shall have been hoisted out. 
 
14. He shall give special attention to and instructions concerning 
 the proper storage and handling of explosives in the mines. 
 
 15. He shall see that all dusty haulage roads are regularly and 
 thoroughly sprayed, sprinkled or cleaned at regular intervals when the 
 health and safety of the men in the mines demand. 
 
 (b) The mine manager shall have power: 
 
 1. To instruct employees as to their respective duties and to 
 require of all employees obedience to the provisions of the mining law. 
 
 2. To prescribe special rules concerning the proper storage and 
 handling of explosives in the mine and concerning the time and manner 
 of placing and discharging the blasting shots, and it shall be unlawful 
 for any miner to fire shots except according to such rules. 
 
 3. In mines in which the works are so extensive that all the duties 
 devolving upon the mine manager cannot be discharged by one man, 
 competent persons may be designated and appointed as assistants to 
 the mine manager, who shall exercise his functions under the mine 
 managers’ instruction. 
 
 § 21. Cektificated mine examiners.] (a) A certificated mine 
 examiner shall be required at all coal mines. There shall be one or 
 more additional certificated mine examiners whenever required in 
 writing by the State mine inspectors when the conditions are such as 
 to make the employment of such additional mine examiners necessary. 
 
 (b) It shall be the duty of the mine examiner: 
 
 1. To examine the underground workings of the mine within eight 
 hours preceding every day upon which the mine is to be operated. 
 
 2. When in the performance of his duties, to carry with him a 
 safety lamp in proper order and condition and a rod or bar for sounding 
 the roof. 
 
 3. To see that the air current is traveling in its proper course and 
 in proper quantity; and to measure with an anemometer the amount 
 of air passing in the last cross-cut or break-through of each pair of 
 entries, or in the last room of each division in long-wall mines, and at 
 all other points where he may deem it necessary; and to note the result 
 of such measurements in the mine examiner’s book kept for that purpose. 
 
 4. To inspect all places where men are required in the performance 
 of their duties to pass or to work, and to observe whether there are any 
 recent falls or dangerous roof or accumulations of gas or dangerous con¬ 
 ditions in rooms or roadways; and to examine especially all roadways 
 leading to escapement shafts or other openings for the safe exit of men 
 to the surface, the edges and accessible parts of recent falls and old 
 gobs and air-courses. 
 
 5. As evidence of his examination of said rooms and roadways, to 
 inscribe in some suitable place on the walls of each, not on the face of 
 the coal, with chalk, the month and the day of the month of his visit. 
 
 6. When working places are discovered in which there are recent 
 falls or dangerous roof or dangerous conditions, to place a conspicuous 
 mark or sign thereat as notice to all men to keep out; and in case of 
 accumulation of gas, to place at least two conspicuous obstructions 
 across the roadway not less than twenty feet apart, one of which sTall 
 be outside the last open cross-cut. 
 
70 
 
 7. Upon completing his examination, to make a daily record of 
 the same in a book kept for that purpose, for the information of the 
 company, the inspector and all other persons interested; and this record 
 shall be made each morning before the miners are permitted to enter 
 the mine. 
 
 8. To take into his possession the entrance checks of all men whose 
 working places have been shown by his examination and record to be 
 dangerous, and to give such entrance checks to the mine manager before 
 the men are permitted to enter the mine in the morning. 
 
 Approved June 27, 1913. 
 
 Oil Inspection—Oil Inspectors 
 
 1. Amends section 1, Act of 1874. 
 
 § 1. As amended, adds provision for fees 
 in lieu of salary. 
 
 (Senate Bill No. 349. Approved June 27,1913.) 
 
 An Act to amend section 1 of an Act entitled, '‘An Act to revise the 
 laiv in relation to oil mspection,'' approved March 12, 187Ji-, in force 
 July 1, 1871f, as amended by an Act approved May 29, 1911, in force 
 July 1, 1911. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That section 1 of an Act entitled, 
 ^^An Act to revise the law in relation to oil inspection,’^ approved March 
 12, 1874, in force July 1, 1874, as amended by an Act approved May 
 29, 1911, in force July 1, 1911, be and the same is hereby amended so 
 as to read as follows: 
 
 § 1. Appointment of inspectors—term of office—fees— 
 SALARY.] The mayor of any city, with the approval of the city council, 
 the president of the Board of Trustees of any village or incorporated 
 town, with the approval of such Board of Trustees, may, and on the 
 petition of any five inhabitants thereof, shall, appoint one or more 
 inspectors for the inspection of coal oil, petroleum, naptha, gasoline, 
 benzine, and other mineral oils or fluids, fix the compensation of such 
 inspectors and prescribe the fees to be paid by those for whom such 
 inspectors render services. The county judge of any county may 
 appoint such inspectors for territory not within city limits, village, or 
 incorporated town, fix their compensation and fees. Every such inspector 
 shall hold office for one year, and until his successor is qualified, and 
 with the approval of the power appointing him, may appoint deputies, 
 for whom he shall be responsible, who shall take the same oath and be 
 liable to the same penalties as the inspector. All fees collected by such 
 inspector or deputy shall be paid by him into the county, city, village 
 or town treasury and be the property of such county, city, village or 
 town. The salary of such inspector shall not exceed five thousand dollars 
 ($5,000) per year: Provided, that an}^ city having a population of 
 less than one hundred thousand (100,000), or any village or town may 
 by ordinance provide that such inspector or deputy shall receive in lieu 
 of salary the fees collected by him. 
 
 Approved June 27, 1913. 
 
n 
 
 Relief—Cherry Mine Sufferers, Balance Unexpended 
 
 Preamble. § 2. Hew drawn. 
 
 § 1. Appropriates $43,025.18. § 3. Emergency. 
 
 (House Bill No. 669. Approved Jihste 20, 1913.) 
 
 An Act making an appropriation to cover the unexpended balance of 
 moneys heretofore appropriated for the relief of the suffering and 
 destitute miners and the families and dependents of miners who 
 lost their lives in the mine disaster at Cherry, Illinois, which lapsed 
 and teas covered loach into the State treasury toy the Board of 
 A dministration. 
 
 Whereas, The Forty-sixth General Assembly, at the special session 
 thereof, begun and held on the 14th day of December, a.d. 1909, by an 
 Act entitled, ^^An Act making an appropriation for the relief of the 
 
 suffering and destitute miners at Cherry, Illinois, and the families and 
 
 dependents of miners who lost their lives in the mine disaster at Cherry, 
 Illinois,’’ approved and in force February 18, 1910, appropriated the 
 sum of one hundred thousand dollars ($100,000) for the relief of the 
 
 suffering and destitute miners at Cherry, Illinois, and the families and 
 
 dependents of miners who lost their lives in the mine disaster at Cherry, 
 Illinois, and made it the duty of the Board of Administration “to distri¬ 
 bute the money herein appropriated to the persons intended to be 
 benefited by this Act and to use said money for the benefit of the persons 
 intended to be relieved in such manner as in its judgment will best 
 relieve such suffering and destitute peopleand 
 
 Whereas, The Board of Administration immediately entered upon 
 the discharge of its duties under said Act, and disbursed and expended 
 a part of the moneys thereby appropriated for the relief of the persons 
 intended to be benefited by said appropriation; and 
 
 Whereas, In the judgment of the Board of Administration the 
 interests of the beneficiaries could not properly be subserved by paying 
 out all of the one hundred thousand dollars ($100,000) prior to Septem¬ 
 ber 30, 1911, but, in the judgment of the Board of Administration, the 
 interests of said beneficiaries would be better subserved by tlie payment 
 to such beneficiaries of small sums in periodical payments; and 
 
 Whereas, In order to prevent -the unexpended balance of said 
 appropriation lapsing on September 30, 1911, the Board of Administra¬ 
 tion, prior to September 30, 1911, upon requisition signed by said board 
 and attested bv its seal, authorized the Auditor of Public Accounts to 
 issue warrants and the Treasurer to pay such warrants for the unex¬ 
 pended balance of said appropriation, which money was placed under 
 the immediate control of the Board of Administration; and 
 
 ’ Whereas, The receipts and disbursements of the fund placed under 
 the immediate control of the Board of Administration from October 
 1, 1911, to April 16, 1913, inclusive, and the cash on hand remaining 
 unexpended at the close of the period has been as follows: 
 
72 
 
 Unexpended balance of appropriation drawn from State 
 treasury with interest accruing to and including Septem¬ 
 
 ber 30, 1911. $42,292.27 
 
 Interest accruing to April 16, 1913. 732.91 
 
 Total. $43,025.18 
 
 Expended from October 1, 1911, to April 16, 1913, inclusive 35,199.00 
 
 Balance in hands of Board of Administration April 16, 1913 $ 7,826.18 
 and 
 
 Whereas^ Since September 30, 1911, the Board of Administration 
 has disbursed on account of the beneficiaries, the sum of $35,199 in 
 such manner as in its judgment best relieved such suffering and destitute 
 people; and 
 
 Whereas^ The cost of administering the funds paid out of the 
 $100,000 appropriation has only been $100 for postage and $30 for 
 premiums on an official bond, which is approximately only fourteen 
 hundredths of one per cent of the total amount disbursed to said bene¬ 
 ficiaries; and 
 
 Whereas^ On March 19, 1913, the Board of Administration asked 
 the Attorney General of the State of Illinois for an opinion as to 
 whether certain accrued interest on the fund taken from the State 
 treasury and placed in the hands of the Board of Administration should 
 be paid into the State treasury or to the beneficiaries under said Act; and 
 Whereas, On March 24, 1913, in an opinion addressed to the Board 
 of Administration, the Attorney General held ‘That the unexpended part 
 of the appropriation did lapse and that the same, together with the 
 accrued interest, should be paid into the State treasury and 
 
 Whereas, The Attorney General suggested “should any appropria¬ 
 tion still be necessarv in order to render assistance to the beneficiaries 
 under said Act, the matter may very properly be brought to the attention 
 of the Legislature, which has power to act in the matter;’^ and 
 
 Whereas, Installments to the beneficiaries have heretofore been 
 paid by the Board of Administration every two w^eeks, which have been 
 principallv used for food, clothing and other necessities of life, and un¬ 
 less remedial legislation is immediately enacted, these payments will 
 necessarily cease; and 
 
 Whereas, On the 21st day of April, a.d. 1913, the Board of Ad¬ 
 ministration, acting under the said opinion of the Attorney General, 
 caused to be covered into the State treasury the sum of forty-three thou¬ 
 sand twenty-five and 18-100 dollars ($43,025.18), which sum includes 
 the amount so disbursed by the Board of Administration and the amount 
 under the control of said Board of Administration and not disbursed, 
 together with accrued interest thereon; and 
 
 Whereas, An appropriation of forty-three thousand twenty-five and 
 18-100 dollars would be the same amount as was covered in the State 
 treasury on the 21st day of April, a.d. 1913, and the appropriation 
 would not in any way increase the taxes of the people of the State of 
 Illinois; and 
 
73 
 
 Whereas^ The money so paid out to the beneficiaries after Septem¬ 
 ber 30, 1911, was paid out in good faith; now therefore. 
 
 Section 1. B& it enacted hy the People of the State ^ of Illinois, 
 represented in the General Assembly: That the sum of forty-three 
 thousand twenty-five and 18-100 dollars ($43,025.18) be and the same is 
 hereby appropriated for the reimbursement of the Board of Administra¬ 
 tion for the sums so paid out by it under said appropriation Act, 
 approved and in force February 18, 1910, balance on hand, interest 
 accrued and so caused to be covered by it into the State treasury on the 
 21st day of April, a.d. 1913. 
 
 § 2. The Auditor of Public Accounts is hereby authorized and 
 directed to draw his warrants for the sum of forty-three thousand 
 twenty-five and 18-100 dollars ($43,025.18), payable to said Board of 
 Administration upon requisitions signed by said board and attested by 
 its seal and the Treasurer is hereby authorized to pay same out of any 
 money on hand not otherwise appropriated. 
 
 § 3. Whereas, An emergency exists, therefore this Act shall be 
 in force and effect from and after its passage. 
 
 Approved June 20, 1913. 
 
 Kelief—United Mine Workers of America, District No. 12, 
 
 Moneys Advanced 
 
 § 1. Appropriates .13,355.14 for moneys advanced 
 —items named. 
 
 § 2. How drawn. 
 
 (House Bill No. 324. Approved June 23, 1913.) 
 
 An Act to make an appropriation to reimburse the United Aline Workers 
 
 of America, District Number Twelve, for moneys advanced County 
 
 Aliners' Examining Board of the State of Illinois. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represetited in the General Assembly: That the sum of three thousand 
 three hundred and fifty-five dollars, fourteen cents ($3,355.14) be and 
 the same is hereby appropriated to reimburse the United Mine Worker^ 
 of America, District Number Twelve, of the State of Illinois, for moneys 
 advanced as follows: 
 
 Christian County, $71.00; Clinton County, $5,00; Grundy County, 
 $277.23; Henry County, $204.44; Jackson County, $189.33; Logan 
 County, $342.90; McLean County, $162.00; Macon County, $93.15; 
 Marshall County, $33.58; Menard County, $161.38; Mercer County, 
 $165.82; Peoria County, $272.45; Scott County, $59.00; Eandolph 
 County, $171.00; Tazewell County, $654.83; Washington County, 
 $118.50; Woodford County, $247.53; Will County, $126.00. Total, 
 $3,355.14. 
 
 § 2. The Auditor of Public Accounts is hereby authorized and 
 directed to draw his warrant upon the State Treasurer, payable to the 
 treasurer of the United Mine Workers, District Number Twelve, for the 
 total sum herein specified upon presentation of proper receipted hills and 
 vouchers and the State Treasurer shall pay the same out of the fuipds in 
 the State treasury not otherwise appropriated. 
 
 Approved June 23, 1913. 
 
74 
 
 ROADS AXD BRIDGES--REVISIOX OF 1913 
 
 Article 1. Definitions. 
 
 Article 2. (§§ 2-7). State Highway Department. 
 
 .\rticle 3. (§ 8.) County superintendents of high¬ 
 ways. 
 
 Article 4. (§§ 9-33). State aid. 
 
 Article 5. (§§ 34-39). Bridges and improvements 
 constructed and repaired by a county at , 
 the joint expense of a county and any 
 tovm or road district therein. 
 
 Article 6. (§§ 40-129). Towm and district organ¬ 
 ization and administration for highway 
 purposes. 
 
 Subdivision 1. (§§ 40-41). Organization: 
 
 Division into tovms and districts. 
 
 Subdivision 2. (§§ 42-54). Highway officers: 
 
 Their election, powers, duties and 
 compensation. 
 
 Subdivision 3. (§§ 55-62). The raising of 
 
 revenue for highway purposes and the 
 application thereof. 
 
 Subdivision 4. (§§ 63-67). Provisions spe¬ 
 
 cially applicable to bridges and im¬ 
 provements constructed or repaired at 
 the joint expense of two adjoining 
 towns or districts. 
 
 Subdivision 5. (§§ 67-72). The letting of 
 
 contracts. 
 
 Subdivision 6. (§§ 73-104). Laying out, 
 
 altering, vacating, widening roads. 
 
 Subdivision 7. (§§ 105-107). Repair and 
 
 maintenance of roads and bridges. 
 
 Subdivision 8. (§§ 108-129). Gravel, rock 
 
 and macadam—hard roads. 
 
 Article 7. (§§ 130-138). Certain provisions appli¬ 
 cable generally to highway officials. 
 
 AJticle 8. (§§ 139-157). Law of the road: Offen¬ 
 ses and penalties. 
 
 Article 9. (§§ 158-167). Optional—single high¬ 
 
 way commissioner system provided for. 
 
 Article 10. (§§ 168-169). Act construed—statutes 
 repealed. 
 
 (House BaL No. 843. Approved June 27, 1913.) 
 
 An Act to revise the law in relation to roads and bridges. 
 
 Section 1. Be it enacted by the People of the State of Illinois^ rep¬ 
 resented in the General Assembly: That the laws relating to roads and 
 bridges be and they hereby are codified, revised and amended, with 
 articles, subdivisions, and sections entitled, numbered and to read as 
 follows: 
 
 ARTICLE I. 
 
 Definitions. 
 
 Section 1 (a). State road and bridge fund.] That the term 
 ^^State Road and Bridge Fund,^^ when used herein, shall mean all 
 moneys appropriated by the State of Illinois for road and bridge pur¬ 
 poses. 
 
 (b) State aid roads.] The term ^^State Aid Roads’’ herein shall 
 mean all roads or bridges constructed, repaired or improved at the joint 
 expense of the State and any county or counties within the State as 
 hereinafter specified. 
 
 ARTICLE II. 
 
 State Highway Department. 
 
 § 2. State highway department—(a) established.] There is 
 hereby created a department, to be known as the State Highway Dp- 
 partment, the officers of which shall consist of the members of the St:ilp 
 Highway Commission, the Chief State Highway Engineer, the Assistant 
 State Highway Engineer and the various subordinate officers herein¬ 
 after specified and set forth. 
 
(B) Offices.] Tlie Secretary of State shall provide for the State 
 Highway Department suitably furnished offices in the capitol building at 
 Springfield and shall provide therefor suitable blanks, stationery, printed 
 matter and other office supplies. 
 
 § 3. State highway commission—(a) office ceeated.] The 
 Governor shall, by and with the advice and consent of the Senate, within 
 thirty days after this Act shall take effect, appoint three State highway 
 commissioners (no more than two of said persons shall belong to or be 
 affiliated with the same political party, nor shall they be actively engaged 
 in any other business, occupation or profession, but shall devote all their 
 time to the work of said commission), to hold office one for two years, 
 one for four years and one for six years, from and after the date of their 
 appointment and qualification and until their respective successors are 
 appointed and qualified, and they shall constitute and be known as the 
 ^^State Highway Commission.’^ And on the first day of March, 1916, 
 and at the end of every two years thereafter, the Governor shall, in like 
 manner and by and with the advice and consent of the Senate, appoint 
 one person as the successor of the commissioner whose term shall have 
 then expired, to serve as such commissioner for the term of six years 
 and until his successor is appointed and qualified. One person appointed 
 on the board shall be, and shall be designated in the appointment, the 
 president, who shall be the executive officer of the board. Two of said 
 commissioners shall constitute a quorum. 
 
 (B) Oath—bond.] The members of the said State Highway 
 Commission before entering upon the duties of their office, shall take the 
 oath prescribed by the Constitution of this State for State officers, and 
 said oath shall be filed in the office of the Secretary of State. They 
 shall also execute a good and sufficient bond to the State in the sum of 
 not less than $10,000.00 each, conditioned upon the faithful perform¬ 
 ance of their duties, said bond to be approved by the Governor, and then 
 filed with the Secretary of State. 
 
 (C) Salary—expenses.] The said State Highway Commis¬ 
 sioners shall each receive an annual salary of three thousand five hundred 
 dollars ($3,500.00), and in addition thereto they shall be allowed their 
 actual and necessary traveling expenses incurred in attending to official 
 business. Said commissioners may also incur necessary expenses for 
 clerk hire and other incidental expenses, proper and necessary for the 
 carrying out of the provisions of this Act^ as well as for the general pur¬ 
 poses hereinafter indicated. 
 
 (D) General powers and duties.] The commission provided for 
 herein shall: 
 
 (1) Have general supervision of highways and bridges which are 
 constructed, improved or maintained in whole or in part by the aid of 
 State moneys. 
 
 (2) Prescribe rules and regulations not inconsistent with law, fix¬ 
 ing the duties of all persons employed in the State Highway Department 
 and the various county superintendents of highways. Such, rules and 
 regulations shall, before taking effect, be printed and transmitted to 
 the highway officials affected thereby. 
 
76 
 
 (3) Aid county superintendents of highways and town and district 
 commissioners of highways in establishing grades, preparing suitable 
 systems of drainage and advise them as to the construction, improve¬ 
 ment and maintenance of highways and bridges. 
 
 (4) Employ such clerical and other assistants as they may deem 
 necessary to -properly carry on the work of their office. 
 
 (5) Cause plans, specifications and estimates to be prepared for the 
 repair and improvement of highways and the construction and repair 
 of bridges when requested so to do by a county superintendent of high¬ 
 ways or by a highway commissioner of any town or road district therein. 
 
 (6) Investigate and determine upon the various methods of road 
 and bridge construction adapted to difierent sections of the State and 
 as to the best methods of construction and maintenance of highways 
 and bridges. 
 
 (7) Compile statistics relating to public highways throughout the 
 State and collect such information in regard thereto as they shall deem 
 expedient. 
 
 (8) Aid at all times in promoting highway improvement through¬ 
 out the State and perform such other duties and have such other powers 
 in respect to highways and bridges as may be imposed or conferred upon 
 them by law. 
 
 (9) Approve and determine the final plans, specifications and esti¬ 
 mates for all State aid roads upon the receipt of the report of the plans, 
 specifications and estimates of the State Highway Engineer as provided 
 herein. 
 
 (10) Let all contracts for the construction or improvement of State 
 aid roads. 
 
 (11) Prescribe a system of auditing and accounting for all road and 
 bridge moneys for the use of all highway officials, which system shall 
 be as nearly uniform as practically possible. 
 
 (12) Perform all other duties prescribed in this Act or reasonably 
 inferable therefrom. 
 
 § 4. State highway engineer—(a) appointment.] As soon as 
 practicable after the taking effect of this Act, the Governor shall appoint 
 a Chief State Highway Engineer and an assistant State highway engi¬ 
 neer who shall each be competent civil engineers, and experienced and 
 skillful in highway construction and maintenance. The said chief State 
 Highway Engineer shall receive a salary of four thousand dollarcs 
 ($4,000) per annum, and the assistant chief State highway engineer 
 shall receive a salary of twenty-five hundred dollars ($2,500) per annum, 
 and, in addition thereto, they shall be allowed their actual traveling 
 and other expenses incurred under the provisions of this Act. They 
 shall each hold office for the period of six years and until their respect¬ 
 ive successors are appointed and qualified. 
 
 (B) Oath—bond.] Said Chief State Highway Engineer and his 
 assistant, before entering upon the duties of their respective offices, shall 
 each take the oath prescribed by the Constitution of this State for State 
 officers and said oath shall be filed in the office of the Secretary of State. 
 
 If demanded by the Governor, the said Chief State Highway En¬ 
 gineer and his assistant shall be required to execute a good and suffi¬ 
 cient bond in such sum as the Governor shall prescribe, conditioned upon 
 
77 
 
 the faithful performance of their duties, said bond to be approved by 
 the Governor and then filed with the Secretary of State. 
 
 (C) Pov^EKS AND DUTIES.] The Said Chief State Highway En¬ 
 gineer and the said assistant State highway engineer shall be the 
 administrative and technical agents of the State Highway Commission, 
 and shall be generally subject to the orders of the said State Highwa;y 
 Commission. The said Chief State Highway Engineer and the assist¬ 
 ant aforesaid may at all reasonable times be consulted by county, town¬ 
 ship or road district officers having authority over roads and bridges 
 relative to any question involving such highways and bridges. 
 
 § 5. Civil service.] With the exception of the State Highway 
 Commission, the Chief State Highway Engineer and the assistant 
 State highway engineer, the appointment of all assistant agents or 
 clerks or other employees of the State Highway Department shall be 
 subject to the laws of this State relating to the civil service. 
 
 § 6. Eemoval from office—vacancy.] The Governor shall have 
 the power to remove the State Highway Commission, the State High¬ 
 way Engineer and the assistant State highway engineer from their 
 respective offices for incompetency, neglect of duty or malfeasance in 
 office. In case of a vacancy in either of said offices the said vacancy 
 shall be filled by appointment by the Governor by and with the advice 
 and consent of the Senate.. When the Senate is not in session, the 
 Governor may make an appointment to fill a vacancy, but any appoint¬ 
 ment made when the Senate is not in session shall be subject to con¬ 
 firmation by the Senate at its next session before becoming permanent. 
 
 § 7. Duties of present state higpiway commission termin¬ 
 ated.] Upon the appointment of a State Highway Commission, under 
 the provisions of this Act, the present State Highway Commission shall 
 terminate and the members thereof shall turn over all books, maps, 
 papers, plans and other things pertaining to their office to the State 
 Highway Commission herein provided for. 
 
 ARTICLE III. 
 
 County Superintendents of Highways. 
 
 § 8. County superintendents of highways—(a) appoint¬ 
 ment.] In each and every county of the State there shall be a county 
 superintendent of highways to be appointed in the manner following: 
 Within ninety days after this Act shall become effective, the county 
 board of each county shall submit to the State Highway Commission a 
 list of from three to five persons, residents of the county, considered 
 desirable candidates for the office of county superintendent of highways. 
 The State commission shall thereupon determine by competitive exam¬ 
 ination from among the names submitted, the person or persons best 
 fitted for said office, and shall thereupon certify the same to the county 
 board submitting such list, who shall then make an order appointing, 
 from the number found eligible, one such person superintendent of 
 highways for such county: Provided, however, that if on the list Sub¬ 
 mitted there is found no person qualified for the position the county 
 
78 
 
 board shall in like manner submit a further list and if on this second 
 list no one is found qualified the county board may employ some person 
 other than a resident of the county and who has passed satisfactorily 
 the examination presented by the State Highway Commission. No part 
 of any moneys appropriated by the State for the building and main¬ 
 taining of State aid roads shall be apportioned to any county until such 
 county superintendent of highways shall have been appointed. 
 
 (B) Term of office—salary.] The term of office of each county 
 superintendent of highways shall he six years and until his successor 
 is duly appointed and qualified. He shall receive a salary payable out of 
 the general funds of the county in a sum to be fixed by the county 
 board. 
 
 (C) Removal.] Any county superintendent of highways may be 
 removed from office by the county board of his county for incompetence, 
 neglect of duty or malfeasance in office. 
 
 (D) Powers and duties.] The county superintendent of high¬ 
 ways shall, subject to the rules and regulations of the State Highway 
 Commission: 
 
 (1) Prepare plans, specifications and estimates for all bridges to be 
 built by the county. Such plans and specifications, before being finally 
 adopted, shall be submitted to the State Highway Commission and 
 approved by them. 
 
 (2) Act for the county in all matters relating to the supervision of 
 the construction and maintenance of any road or bridge constructed 
 or maintained at the entire expense of the county or at the joint expense 
 of the county and any town or road district therein, as hereinafter set 
 forth. 
 
 (3) Visit and inspect the highways and bridges in each town or 
 district of his county, at least once in each year and whenever directed 
 so to do by the State Highway Commission, or the State Highway 
 Engineer, and advise and direct the highway commissioners of the sev¬ 
 eral towns or districts in his county as to the best methods of repair, 
 maintenance and improvement of highways and bridges. 
 
 (4) Subject to the direction of the State Highway Commission, to 
 supervise the repair and maintenance of all State aid roads within his 
 county. 
 
 (5) Keep a record of all contracts or purchases of materials, 
 machinery or apparatus to be used in road construction in excess of two 
 hundred dollars ($200) approved hy him in any town or district as 
 hereinafter provided. 
 
 (6) Perform such other duties as may be prescribed by law, the 
 rules and regulations of the State Highway Commission or the direction 
 of the State Highway Engineer in conformity thereto. Other than as 
 above specifically indicated, the county superintendent of highways shall, 
 to all intents and purposes, be regarded as a deputy to the State Highway 
 Engineer: Promded, however, that no county superintendent of high¬ 
 ways shall be required, without his consent, and the consent of the board 
 of supervisors, or the board of county commissioners, of the county in 
 whose employ he is to perform services in any other county. 
 
79 
 
 (E) A^acancy,] In case the office of county superintendent of 
 highways in any county shall at any time be vacant, and a temporary 
 emergency shall arise requiring that some duly qualified official perform 
 the duties of said office, then the State Highway Commission may 
 designate any competent person to perform the duties of such office 
 during the existence of such temporary emergency. 
 
 AETICLE IV. 
 
 State Aid. 
 
 § 9. State aid authorized.] Public highways, or sections thereof, 
 including bridges therein, may be laid out, improved, or constructed at 
 the joint expense of the State and any county within the State as here¬ 
 inafter provided. In such case the State shall contribute one-half the 
 expense thereof and the county, or counties, through which the said 
 highway or portion thereof passes shall contribute the remaining one- 
 half. Such highways hereinafter known as ^^State Aid Eoads’’ may be 
 laid out, constructed or improved in the manner hereinafter directed: 
 Provided, however, that no road or part thereof lying within the corpo¬ 
 rate limits of any city or village within this State shall be improved or 
 constructed with State aid. 
 
 § 10. At their next regular or special meeting following the passage 
 of this Act it shall be the duty of the supervisors in counties under 
 township organization, or the board of county commissioners in counties 
 not under township organization, to designate those public highways 
 within their respective counties that shall come under the provisions of 
 this Act. The highways to be designated by the county boards shall 
 be as nearly as possible those highways connecting the principal cities 
 and trading points in each county with each other, and also with the 
 principal cities and trading points in other counties. 
 
 § 11. Such highways shall not include any portion of a public high¬ 
 way within the corporate limits of any city or village; nor shall the total 
 mileage of such highways in any county exceed, in counties of the first 
 class, more than fifteen per centum of the total public road mileage of 
 that county, nor exceed twenty per centum of the public road mileage 
 in counties of the second class, and shall not exceed twenty-five per 
 centum of the public road mileage in counties of the third class. By 
 public roads it is understood to mean all public roads within the State 
 except those within the limits of incorporated cities and villages; the 
 public road mileage of the counties to be that as determined and pub¬ 
 lished by the State Highway Commission. 
 
 § 12. The county boards shall indicate the highways selected as 
 aforesaid by marking them upon some map which shows the public 
 roads and section lines in the county, and for this purpose existing atlas 
 maps may be used, provided the roads selected are plainly marked 
 thereon. 
 
 After the county boards have so selected the highways within their 
 respective counties as aforesaid, and indicated the same on a map of 
 the county, it shall be the duty of the county clerk immediately to 
 forward said map, with his signature thereon attesting to the validity 
 of the same, to the State Highway Commission. The State Highway 
 
80 
 
 Commission shall examine the map with the roads located thereon, and 
 if the roads selected in one county do not connect with the roads selected 
 in another county to make convenient through roads between the various 
 cities and trading points of the different counties, the State Highway 
 Commifesion shall make such changes as will best serve to make the most 
 direct routes between such cities and trading points of the different 
 counties, and return to the county clerks the maps with the correction? 
 shown thereon. 
 
 § 13. If in the judgment of the State Highway Commission it 
 becomes necessary to relocate the routes as selected by the county board 
 for State highways in any county, the State Highway Commission may 
 notify the respective boards who shall, at their special meeting when 
 they are selecting the State highways, appoint a committee not to exceed 
 five in number, who shall, if they choose, appear before the State High¬ 
 way Commission, who shall give hearings on the relocation of the route? 
 as first selected by the county boards. After taking into consideration 
 the information thus presented by these special committees, the State 
 Highway Commission shall then proceed to indicate the routes along 
 which State aid roads may be constructed, as hereinafter provided. The 
 highways selected by the county boards and shown on the maps as revised 
 by the State Highway Commission, shall be the highways to which the 
 provisions of this Act shall apply, and they shall not apply to any other 
 public highways. After the county map has been finally corrected by 
 the State Highway Commission, a copy shall be returned to the county 
 clerk and a copy retained by the State Highway Commission. 
 
 § 14. The county clerk shall enter the map returned to him among 
 his official records, and no changes in the routes indicated thereon shall 
 be made, except by a vote of the county board and with the approval of 
 the State Highway Commission, as hereinafter indicated; and no changes 
 whatever shall be made in the routes of such highways prior to three 
 years after the filing of the first map thereof, except that in the event 
 the routes as first selected and shown do not total a mileage equal to the 
 percentage allowed for that county, additional roads may be added until 
 the total percentage is equaled. 
 
 § 15. If any county board shall fail within six months after the 
 passage of this Act to forward to the State Highway Commission a map 
 showing the routes selected for State aid roads, then the State Highway 
 Commission may make such selection itself from the best information 
 that may be available, and a copy of such map with the roads selected 
 shall be sent to the county clerk of those counties whose boards have not 
 made a selection within the six months as herein provided, which fact 
 shall be indicated on the map submitted by the State Highway Com¬ 
 mission ; and it shall be the duty of the county clerk to file such map 
 among his records. 
 
 § 15a. The improvement of the system of State highways as herein 
 provided shall be carried on as follows: From such appropriations as 
 the General Assembly may from time to time make for the purpose of 
 carrying out the provisions of this Act, there shall be allotted by the 
 State Highway Commission each year for each county an amount that 
 shall bear the same ratio to the total appropriation for that year that the 
 total amount levied in each county for roads and bridges bears to the 
 
81 
 
 total amount levied in the State for roads and bridges, as determined 
 from the published reports of the Auditor of Public Accounts from the 
 last year so reported: Promded, that to counties, in which more than 
 40 per cent of the total amount appropriated by the General Assembly 
 for building roads is collected, including any amount collected for auto¬ 
 mobile and kindred licenses, and devoted to road building by such appro¬ 
 priation, there shall be allotted, under the provisions hereof, an amount 
 equal to twenty-five per cent (25%) of the aniount so collected in such 
 county. 
 
 The sum so allotted to each county shall be used,to ^ defray the cost 
 of constructing State aid roads when such work is carried on in con¬ 
 formity with the provisions of this Act: Provided, that the allotment 
 made by the State shall not be used to defray more than one-half the cost 
 of any improvement done under the provisions of this Act. 
 
 § 15b. If for any reason any county shall within six months from 
 the date of the allotment fail to provide and appropriate an amount 
 equal to said allotment by the State Highway Commission for the pur¬ 
 pose of constructing State aid roads then the amount so allotted shall 
 be forfeited by said county and the same shall be re-allotted to those 
 counties which have complied with the requirements herein contained. 
 
 § 15c. It shall be considered sufficient acceptance of the allotment 
 to a county of the State appropriation for the construction of State aid 
 roads, if a county board shall give notice to the State Highway Com¬ 
 mission that it has assessed a tax to raise its portion of the cost, or that 
 it has passed an order submitting to a vote of the people the question 
 of raising an additional tax for this purpose, or that it has passed an 
 order submitting to a vote of the people the question of issuing bonds for 
 this purpose. Otherwise, a county’s allotment shall be considered for¬ 
 feited, as provided in section 15b of this Act. 
 
 § 16. Proceedings for construction of state aid road—pre¬ 
 liminary RESOLUTION OF COUNTY BOARD.] Whenever the county board 
 of any county desires to initiate proceedings for the construction of a 
 State aid road, along a route designated as aforesaid, such county board 
 may proceed in the manner following. The county board may pass a 
 resolution stating that the public interest demands the improvement of 
 a highway or section thereof within the county, and requesting that it be 
 constructed or improved as provided in this article. Such resolutions 
 shall contain a description of such highway or section thereof. The 
 county clerk shall, within ten days after the passage of such resolution, 
 transmit a certified copy thereof to the State Highway Commission. 
 
 § 17. Examination of proposed highway—approval or disap¬ 
 proval BY COMMISSION.] As soon as practicable after the receipt of 
 such resolution, the State Highway commission shall consider the ap¬ 
 parent desirability and importance of the proposed improvement, and 
 shall determine whether such proposed improvement will be of public 
 utility and convenience, and whether the construction thereof will be 
 practically possible. After such comsideration the commission shall 
 certify their approval or disapproval of the proposed improvement to 
 the county board making application therefor. 
 
 6 L L 
 
82 
 
 § 18. Maps, plans, specifications and estiaiates.] Whenever 
 the commission shall have made their preliminary order as aforesaid, 
 in favor of the construction or improvement of a public highway or 
 section thereof, the said commission shall direct the State Highway 
 Engineer, or the assistant State highway engineer to cause proper sur¬ 
 veys to be made and to prepare suitable maps, plans, specifications 
 and estimates of cost of the proposed improvement. In the prepara¬ 
 tion of such plans, specifications and estimates, the State Highway Com¬ 
 mission may cause to be included therein, the value of any materials or 
 the fair rental value of any implements, apparatus or machinery suitable 
 for road construction which the State Highway Commission desires 
 should be furnished or supplied by the State. In the preparation 
 thereof the State Engineer may call upon the county superintendent of 
 highways to render such assistance and to perform such part of such 
 work as he shall deem necessary. The preparation of such plans, speci¬ 
 fications, surveys and estimates of cost shall be subject to the general 
 direction and control of the State Highway Commission. If deemed 
 advisable such plans, surveys, specifications and estimates may pro¬ 
 vide for the widening of an existing highway, or provide for a reasonable 
 deviation from the route described in the preliminary resolution of 
 the county board. 
 
 § 19. Eminent domain.] In case the plans and surveys provided 
 for in the preceding section require the taking or damaging of the prop¬ 
 erty of any private land owner the State Highway Commission in such 
 manner as they may determine, shall, if possible, agree with such private 
 owner relative to the amount of damages sustained, conditioned upon 
 the construction of the proposed improvement. Such agreement when 
 made, shall be given full force and effect according to the terms thereof. 
 In case such land owner fails to reach an agreement with the commis¬ 
 sion respecting such damages, or is legally incapable of so doing, the 
 said State Highway Commission may file a petition in any court of 
 competent jurisdiction addressed to any judge thereof in vacation, 
 praying for the assessment of damages for such proposed improvement, 
 after the manner now provided by law relative to the exercise of the 
 right of eminent domain. The damages as thus finally determined either 
 by agreement or proceedings in eminent domain shall be included in the 
 estimate of the cost of the proposed improvement, to be borne equally 
 by the State and the county constructing the same. 
 
 In case a proposed improvement be abandoned after a resort to pro¬ 
 ceedings in eminent domain as aforesaid, the costs of such proceedings 
 to which the property owner is by law entitled, shall nevertheless be paid 
 one-half out of the State road and bridge fund and the remaining one- 
 half by the county. 
 
 § 20. Eeport to state highway comaiission and to county 
 BOARD.] Whenever the surveys, plans, specifications and estimates of 
 the proposed improvement are fully completed and determined, the 
 State Highway Engineer shall make a complete report thereof and de¬ 
 liver the same to the State Highway Commission, and shall also trans¬ 
 mit a copy inereof to the county board of the county wherein it is pro¬ 
 posed to construct the improvement. 
 
83 
 
 
 § 21. Final resolution of state icighway commission.] Upon 
 receiving the surveys, plans, specifications and estimates provided for in 
 the preceding sections, the State Highway Commission shall finally de¬ 
 termine whether they will authorize the construction of the proposed 
 improvement as a State aid road. The commission shall thereupon at 
 once cause a copy of such determination to be transmitted to the county 
 board. 
 
 § 22. Final resolution of county board. ) At any regular or 
 special meeting of the county board held after notice of the decision of 
 the State Highway Commission to authorize the construction of the 
 proposed improvement as aforesaid, the county board shall determine 
 whether it will authorize the proceedings necessary to enable the county to 
 contribute the one-half of the cost required for the construction of State 
 aid roads as provided in this Act. When a county board has once 
 adopted a final resolution providing for the construction or improve¬ 
 ment of a highway or a section thereof in accordance with such plans 
 and specifications, no resolution thereafter adopted by such board shall 
 rescind or annul such prior resolution, either directly or indirectly, 
 excepting under the advice and with the consent of the State Highway 
 Commission. In case the county board desires that such provision be 
 made for the construction of a State aid road, it may proceed in either 
 of the methods following: 
 
 (1) In case there be sufficient funds in the county treasury 
 available therefor, the county board may appropriate therefrom sufficient 
 to meet one-half the cost of the improvement. 
 
 (2) If the county board so desires and deems it necessary for the 
 purpose of the improvement herein authorized, the said county board, 
 in the manner now provided by law for issuing bonds for county pur¬ 
 poses, may submit to the' legal voters of their county the question of 
 issuing such county bonds. In such case the votes in favor of the propo¬ 
 sition submitted shall be "Tor County Bonds for State Aid Eoads,^" and 
 those against shall be ""Against County Bonds for State Aid Eoads.^^ 
 
 § 23. All moneys appropriated by any county board to aid in the 
 construction of a State aid road, and all moneys raised by taxation there¬ 
 for shall be held as a separate fund therefor until paid out according to 
 the provisions of this Act, and shall not be expended for any other 
 purpose. 
 
 § 24. Final notice to state highway commission.] In case 
 the county finally determines in either of the methods indicated in the 
 preceding section, to make provisions for the contemplated State aid 
 road, the county clerk shall at once notify the State Highway Commis¬ 
 sion thereof. 
 
 § 25. Order of construction of state aid roads.] Upon the 
 receipt of the notice that the county has finally determined upon the 
 construction of a State aid road in the manner aforesaid, the State 
 Highway Commission shall proceed as provided in this article. In so 
 far as practicable, in the opinion of the State Highway Commission, the 
 construction and improvement of State aid roads shal] be taken up and 
 carried forward within the several counties of the State in tlie consecu¬ 
 tive order of the date of the receipt by the commission of the certified' 
 copies of the final resolutions adopted by the various county boards 
 
84 
 
 making provision for such construction or improvements, as aforesaid: 
 Provided, that until the notices and proceedings have been given and had 
 as in the preceding sections provided the designated roads shall remain 
 under the control of the township road authorities. 
 
 § 26. Contract for state aid roads.] State aid roads may be 
 constructed or improved by contract in the manner provided herein. No 
 contract for the improvement or construction of a State aid road shall 
 be entered into unless at the time, there is in the State road and bridge 
 fund, subject to the order of the State Highway Commission, sufficient 
 moneys to defray the portion of the cost thereof which the State is re¬ 
 quired to contribute under the provisions of this Act. Upon the comple¬ 
 tion and final adoption or approval, as provided by law, of the plans 
 and specifications and estimates for the construction or improvement 
 of a State aid road, a contract therefor may be executed as provided 
 herein. 
 
 In letting contracts for the building of bridges, or culverts, wherein 
 the county alone is interested, or wherein the county and State are 
 interested, or the county and township or road district are interested, it 
 shall be the duty of the officials in letting said contracts to invite, receive 
 and consider proposals on any other plan other than the one prepared 
 by the county superintendent of highways, or State Highway Commis¬ 
 sion, and they shall require that all p^^oposals on such plans shall be 
 accompanied with complete stress diagrams, and specifications; nature, 
 quality and size of materials to be used; strength of structure when 
 completed, etc., it being understood, however, that befrre any such plan 
 shall be finally adopted, it shall, in like manner as all other plans, pro¬ 
 files, specifications and estimates submitted, have the approval of the 
 county superintendent of highways and the State Highway Commission. 
 
 (1) Advertising for proposals.] The State Highway Commission 
 shall advertise for proposals for the construction or improvement of 
 such highways or sections thereof according to the plans, specifications 
 and estimates prepared therefor. The advertisement shall be limited to 
 a brief description of the work proposed to be done, the terms and condi¬ 
 tions under which proposals will be received, the time and place where 
 the same will be opened, and such other matters as the commission may 
 deem advisable to include therein. Such advertisement shall be pub¬ 
 lished at least once in each week for two consecutive weeks in a news¬ 
 paper, published in the county in which such highway or section thereof 
 is to be constructed or improved, and in such other newspapers as the 
 commission may designate. In such advertisement the State Highway 
 Commission may provide that certain materials, or machinery or imple¬ 
 ments suitable for road construction, shall be furnished by the State or 
 used in the construction of said State aid road, and may also indicate 
 the fail value of the same or for the use thereof. 
 
 (2) Proposals.] Each proposal shall specify the gross sum for 
 which the work will be performed exclusive of such materials as may be 
 furnished by the State and also shall include the amount to be charged 
 for such item specified in the estimate. The commission may prescribe 
 and furnish forms for the submission of such proposal and may prescribe 
 the manner of submitting the same which shall not be inconsistent here¬ 
 with. The proposals shall be publicly opened at the time specified in.the 
 advertisement, aforesaid and when opened such proposals shall be sub- 
 
85 
 
 ject at all reasonable times to public inspection and at the time of 
 opening shall be publicly read. 
 
 (3) Award of contract.] The contract for the construction or 
 improvement of such highways or section thereof shall be awarded to 
 the lowest responsible bidder except that no contract shall be awarded 
 at a sum which, together with the value of materials and machinery 
 to be furnished by the State as fixed by the State Highway Commission, 
 shall exceed the estimate made for the construction or improvement of 
 such highway or section thereof in accordance with the aforesaid plans 
 and specifications. The lowest bid shall be deemed to be that which 
 specifically states the lowest gross sum for which the entire work shall 
 be performed, including all the items specified in the estimate therefor. 
 
 (4) Eejection of proposals.] The commission may reject any or 
 all proposals and may at once advertise for new proposals as hereinbefore 
 provided, if in their opinion the best interests of the State will thereby 
 be promoted. 
 
 (5) Form of contract.] The commission shall prescribe the form 
 of contract and may include therein such matters as they may deem ad¬ 
 vantageous to the State. Such form shall be uniform in so far as may 
 be. 
 
 (6) Bond of contractor.] Each contractor, before entering into a 
 contract for such construction or improvement, shall execute a bond in 
 the form prescribed by the commission, with sufficient sureties to be 
 approved by the commission, conditioned that he will perform the work 
 in accordance with the terms of the contract, and with the plans and 
 specifications and that he will commence and comr^lete the work within 
 the time prescribed in the contract. Such bond shall also provide against 
 any direct or indirect damages that may be suffered or claimed on 
 account of such construction or improvement during the time thereof, 
 and until the highway is accepted. 
 
 (7) ' Payments on contracts.] The contract may provide for 
 partial payments to an amount not exceeding 90 per centum of the value 
 of the work done which shall be paid in the manner provided by this 
 article when certified to by the commission. In case partial payments 
 are made the State and county shall each pay one-half thereof as the 
 work progresses. Ten per centum of the contract price shall be retained 
 until the entire work has been completed and accepted. 
 
 § 27. Acceptance of state aid road when completed.] Upon 
 the completion of a State aid road or section thereof constructed or im¬ 
 proved under a contract let as provided in this article, the State High¬ 
 way Engineer shall inspect the same, and if completed as provided in 
 the contract, he shall thereupon report to the State Highway Commis¬ 
 sion. If the commission approve, they shall notify the contractor thereof 
 and the highway or section thereof so constructed or improved shall be 
 deemed to have been accepted by the State. Such acceptance shall also 
 be communicated by the State Highway Commission to the county clerk 
 of the county wherein such improvement or portion thereof is located. 
 
 § 28. Payments—how made—effect of contract.] Upon the 
 acceptance by the State of an improvement as hereinbefore provided, the 
 contractor shall be entitled to receive the portion of the contract price 
 then remaining due and unpaid. The contractor shall receive one-half 
 
86 
 
 of the total cost of such improvement directly from the State treasury, 
 and the other half shall be paid by the county to such contractor. 
 
 Upon the order of the State Highway Commission, the Auditor of 
 Public Accounts is hereby authorized to draw his warrant upon the State 
 Treasurer for any unexpended balance remaining in the State road and 
 bridge fund. 
 
 § 29. Legal eeeect oe contkact.J Any contract entered into by 
 and between the State Highway Commission and any contractor for the 
 construction of a State aid road according to the provisions of this Act 
 shall be taken and held to confer upon the contractor the right to enforce 
 in any appropriate legal action against the county wherein the improve¬ 
 ment is located the payment of the portion of the cost thereof which 
 the county is required to pay under the provisions of this Act. 
 
 § 30. Eoads constructed directly by the state.] In case the 
 State Highway Commission upon a second advertisement for bids or 
 proposals for the construction or improvement of a State aid road shall 
 not be able to let the contract for a sum, which, together with the value 
 of materials, apparatus, implements and machinery to be furnished by 
 the State determined as aforesaid, shall not exceed the estimate of the 
 cost thereof previously made by the State Highway Engineer, the State 
 Highway Commission may then proceed directly to construct such State 
 aid road. In such case the county within which such proposed improve¬ 
 ment shall be located, shall not be required to contribute thereto more 
 than one-half the estimated cost thereof as aforesaid. 
 
 § 31. County line roads.] State aid roads may be constructed or 
 improved on county lines. In case two counties desire to secure the con¬ 
 struction or improvement of a public highway situated upon or near the 
 boundary line between them, the respective county boards thereof may, 
 by appropriate resolutions, initiate proceedings therefor. To this end 
 such county boards may, by concurring resolutions, fix the portion of the 
 one-half the total cost of construction which should be borne by each 
 county. Such resolutions when duly transmitted to the State Highway 
 dommission shall be considered in such cases as the preliminary appli¬ 
 cation therefor, as hereinbefore provided. If approved by the State 
 Highway Commission, each county board may appropriate the portion 
 of the cost to be borne by such county, or authorize the submission of 
 the question of issuing bonds as hereinbefore provided. 
 
 In all proceedings contemplating the construction or improvement of 
 a county line road as provided in this section, all acts of each county 
 board relative thereto, together with the result of any vote upon the 
 question of levying a tax or issuing bonds as provided herein, shall be 
 communicated by the county clerk of each county to the county clerk 
 of the other county, as well as to the State Highway Commission. 
 
 In case either county shall refuse to take the steps necessary to secure 
 the construction or improvement of such county line road, as provided 
 in this section, then all prior proceedings relative thereto on the part of 
 the other county shall be regarded as suspended. 
 
 § 32. Repair and maintenance of state aid roads.] Whenever 
 any State aid road shall be constructed or improved in any county under 
 the provisions of this Act, the State Highway Commission, either directly 
 or through the State Highway Engineer, the assistant State highway 
 
87 
 
 engineer, or the county superintendent of highways shall thereafter 
 keep all such roads in proper repair, and the total cost of such mainte¬ 
 nance shall be paid out of the State road and bridge funds upon the 
 warrant of the Auditor, whenever such payment shall be ordered by the 
 State Highway Commission. For the purpose of keeping such roads in 
 proper repair the State Highway Commission shall have authority to 
 purchase all necessary tools, machinery, supplies and materials, and may 
 employ, or authorize the State Highway Engineer to employ, all labor 
 necessary therefor. 
 
 § 33. Public utilities.] Ko steam or electric railroad company, 
 telephone or telegraph company, or company laying or using pipe lines, 
 shall have the right to locate or construct its road or place its poles or 
 wires, or lay its pipe lines upon or along any State aid road, without 
 the consent of the county board of the county wherein it is proposed to 
 place or locate the same. Such consent may be granted for any period 
 not longer than twenty years upon petition of the company, upon such 
 terms and conditions, not inconsistent with this Act, as such county 
 board shall deem for the best interests of the public: Provided, that 
 before any such consent of the county board shall become effective the 
 said county board shall receive the approval of the State Highway 
 Commission to the use of the said State aid road for such purpose and 
 the conditions upon which the same shall have been granted: And, 
 provided, further, that no such consent shall be granted except upon the 
 condition that the company will pay all damages to the owners of the 
 property abutting upon said State aid road which they may sustain by 
 reason of the location or construction of the said steam or electric rail¬ 
 road or the placing of the said telephone or telegraph poles or wires, or 
 the laying of the said pipe lines, the same to be ascertained and paid 
 in the manner provided by law for the exercise of the right of eminent 
 domain. 
 
 ARTICLE V. 
 
 Bridges and Improvements Constructed and Repaired by a County 
 OR AT THE Joint Expense of a County and Any Town 
 OR Road District Therein. 
 
 § 34. Bridges may be built by county.] In case the county board 
 shall deem it expedient to build a bridge in any town or road districi 
 therein, the said county board may order the same built at the entire 
 expense of such county. Such bridge shall in such case be constructed 
 according to plans and specifications prepared by the county superin¬ 
 tendent of highways, subject to the approval of the State Highway 
 Engineer. 
 
 § 35. Aid from county board.] When it is necessary to construct 
 or repair any bridges over a stream, or any approach or approaches there¬ 
 to, by means of an embankment or trestle work on a public road, in any 
 town or district or on or near to or across a town or district line, in 
 which work the town or district is wholly or in part responsible, and 
 the cost of which will be more than twelve cents on the one hundred 
 dollars on the latest assessment roll, and the levy of the road and bridge 
 tax for two years last past in said town or district was in each year for 
 the full amount allowed by law to be raised therein for all road and 
 
88 
 
 bridge purposes except for damages incurred in laying out, altering, 
 widening or vacating roads, the .major part of which levy is needed for 
 the ordinary repair of the roads and bridges, the commissioner of high¬ 
 ways may petition the county board for aid, and if the foregoing facts 
 shall appear, the county board shall appropriate from the county treasury 
 a sum sufficient to meet one-half of the expenses of said bridge or other 
 work, on condition the town or district asking aid shall furnish the 
 other half of the required amount. 
 
 Letting contracts.] When it is determined by the county board to 
 grant the prayer of the highway commissioner asking aid for the con¬ 
 struction of such bridge or other expensive work, the county board shall 
 thereupon enter an order directing the county superintendent of high¬ 
 ways to prepare plans and specifications for such improvement. The 
 contract for such improvement shall thereupon be let in the manner 
 authorized by said county board, subject to provisions of the law relating 
 to the letting of contracts: Provided, however, that no county, town or 
 road district shall be liable for any part of such expenses or compelled 
 to pay any part of its appropriation for such purpose until all of the 
 work has been fully completed and accepted by the county superintend¬ 
 ent of highways and such acceptance properly certified to by said officer 
 and presented to the county board at a meeting held after the completion 
 of said work, which certificate shall contain itemized account of the 
 expenditures; and a copy thereof shall also be filed with the town or 
 district clerk as the case may be. 
 
 § 36. Bridges built by two counties.] Bridges over streams 
 which divide counties, and bridges on roads on county lines, and bridges 
 within eighty rods of county lines, shall be built and repaired at the 
 expense of such counties. And all such bridges over streams which form 
 the boundary line between two counties, and all such bridges within eighty 
 rods of such boundary line, when the cost of constructing the same shall 
 be $5,000 or over, shall be built by such counties respectively in the 
 proportion that the taxable property in each county respectively bears 
 to each other according to its assessed value as equalized at the time of 
 (constructing such bridge. And when any county desires to build any 
 such bridge across any stream which is the boundary line between such 
 .county and another county, or desires to build any such bridge within 
 eighty rods of such boundary line, and the cost of such bridge will equal 
 or exceed $5;000, and the county desiring to construct such bridge has 
 appropriated its share of the cost of constructing the same, then it shall 
 he the duty of such other county to make an appropriation for its pro¬ 
 portion of the cost of said bridge on the basis of the assessed value of 
 the property, real and personal, of each of said counties according to 
 the last preceding assessment thereof as equalized, and if such other 
 county fails or refuses to make an appropriation for its proper propor¬ 
 tion of the cost of constructing such bridge, any court of competent 
 jurisdiction shall issue an order to compel such county to make such 
 appropriation upon a proper petition for that purpose, and the cost and 
 expense of maintaining and keeping the same in repair after the same 
 is built and constructed shall be borne in the proportion of the assessed 
 value of the property in each of said counties according to the latest 
 equalized assessment thereof: Provided, that for the building and 
 
89 
 
 maintaining of bridges over streams near county lines in which both are 
 interested and where the cost thereof is less than $5,000, the expense of 
 building and maintaining any such bridge shall be borne by both coun¬ 
 ties in such portion as shall be just and equitable between the counties, 
 taking into consideration the taxable property in each, the location of 
 the bridge, and the advantage of each, to be determined by th^ commis¬ 
 sioner in making contracts for the same, as provided for in section 37 
 of this Act. 
 
 § 37. Contracts by commissioners of adjoining counties.] 
 For the purpose of building or keeping in repair such bridge or bridges, 
 it shall be lawful for the county boards of such adjoining counties, to enter 
 into joint contracts, and such contracts may be enforced in law or equity 
 against such county boards, and such county boards may be proceeded 
 against jointly, by any parties interested in such bridge or brids^es, for 
 any neglect of duty in reference to such bridge or bridges, for any 
 damage growing out of such neglect. 
 
 § 38. Approaches to bridges on or near county lines.] Ap¬ 
 proaches to all bridges built and constructed under and by virtue of the 
 three preceding sections, shall be built, constructed and maintained by 
 the respective counties within which such approach or approaches may 
 be located, and all approaches to any and all such bridges as have here¬ 
 tofore been built and constructed. 
 
 § 39. Suit on joint contract.] If the county board'of any such 
 county, after reasonable notice in writing from such other county board 
 shall neglect or refuse to build or repair any such bridge when any 
 contract or agreement has been made in regard to the same, it shall 
 be lawful for the county board so giving notice to build or repair the 
 same, to recover, by suit, one-half (or such amount as shall have been 
 agreed upon) of the expense of so building or repairing such bridge, 
 with costs of suit and interest from the time of the completion thereof, 
 from the county board so neglecting or refusing. 
 
 AETICLE VI. 
 
 Town and District Organization and Administration for High¬ 
 way Purposes. 
 
 m 
 
 Subdivision I. 
 
 Organization: Division Into Towns and Districts. 
 
 § 40. Town and district organization similar.] For all pur¬ 
 poses relating to the construction, repair, maintenance and supervision 
 of roads and bridges, the several towns in counties under township 
 organization, and road districts in counties not under township organ¬ 
 ization, shall, as near as may be, and subject to the provisions of this 
 Act, be regarded as analogous in corporate authority, and the powers 
 and duties of the highway officers thereof shall be similar in extent 
 and effect. 
 
 § 41. Counties not under township organization—D ivisioi^ 
 into DISTRICTS.] Countics not under township organization shall be 
 
90 
 
 divided into road districts by the county boards thereof, in the manner 
 hereinafter set forth. All road districts, where it is practicable, shall 
 be composed of territory not less than a congressional township. Frac¬ 
 tional or whole townships may be added to other fractional or whole 
 townships. The districts so formed shall be designated by some number. 
 
 (1) Counties ALREADY DIVIDED INTO DISTRICTS.] In counties not 
 under township organization, wherein road districts are already now 
 laid out and established under the provisions of an Act approved May 
 4, 1887, in force July 1, 1887, entitled, ^^An Act to provide for the 
 organization of road districts, the election and duties of officers therein, 
 and in regard to roads and bridges, in counties not under township 
 organization, and to repeal an Act and parts of Acts therein named,” 
 the road districts already laid out therein by the county boards thereof 
 shall be continued in existence, unless the same shall be altered in the 
 manner hereinafter set forth: Provided, however, that all incorporated 
 cities,- towns and villages which have heretofore been excluded from 
 road districts in such counties shall hereafter be included therein, and 
 in all cases where necessary therefor, the county boards of such counties 
 shall make provision to create such city, town or village into a road 
 district, or to make it a part of some road district already formed. 
 
 (2) Counties not already so divided.] In all counties not un¬ 
 der township organization, and operating under the provisions of an 
 Act approved May 10, 1901, entitled, ^^An Act in regard to roads and 
 bridges, and to provide for the adoption of the same,” and wherein road 
 districts are not already laid out and established, it shall be the duty of 
 the county boards thereof, at their first session after this Act shall be in 
 force and effect, to divide such counties into road districts, as provided 
 herein. 
 
 (3) Corporate name of district.] The corporate name of each 
 
 district shall be ^^Eoad District Xo.,” and all actions by or 
 
 against such district shall be in its corporate name. 
 
 (4) Corporate capacity of district.] Every district so organ¬ 
 ized shall have corporate capacity to exercise the powers granted thereto, 
 or necessarily implied and no others. It shall have power: (1) To 
 sue and be sued. (2) To acquire by purchase, gift or devise, and td 
 hold property, both real and personal, for the use of its inhabitants, and 
 again to sell and convey the same. (3) To make all such contracts 
 as may be necessary in the exercise of the powers of the district. 
 
 (5) Alteration of boundaries of road districts.] The boad 
 of county commissioners of each county shall have full and complete 
 power and jurisdiction to alter the boundaries of road districts and to 
 change road district lines in their respective counties to suit the con¬ 
 venience to the inhabitants residing therein, but no such change shall 
 be made under the provisions of this Act unless at least twenty of the 
 legal voters of such road district shall petition for such alteration or 
 change; nor shall such alteration or change be made by such board of 
 county commissioners without notice thereof having been given by post¬ 
 ing up notices in not less than five of the most public places in each 
 of the several towns or road districts interested in such proposed alter 
 ations or changes. 
 
91 
 
 Subdivision II. 
 
 Highway Officers: Their Election, Powers, Duties and Compensation. 
 
 § 42. Town and district road officers—(a) commissioners.] 
 in each township in counties under township organization and in each 
 road district in counties not under township organization there shall be 
 a board of highway commissioners consisting of three members, each 
 of whom shall serve for a term of three years and until his successor is 
 duly elected and qualified, and who shall be elected in the manner here¬ 
 inafter set forth. The powers and duties of such highway commissioners 
 shall be as hereinafter indicated. 
 
 (B) Clerk.] In counties under township organization the town 
 clerk shall act as the clerk of the board of highway commissioners of 
 such town. In counties not under township organization there shall 
 be elected in each road district a district clerk, who shall hold his office 
 for the term of three vears and until his successor is elected and qual¬ 
 ified. 
 
 (C) Treasurer.] In counties under township organization the 
 supervisor of each town shall be ex officio treasurer of the road and 
 bridge fund. In counties not under township organization the district 
 clerk shall be ex officio treasurer of such fund. 
 
 (D) Who eligible.] No person shall be eligible to the office of 
 highway commissioner unless he shall be a legal voter and have been 
 one year a resident of such town or district. In counties not under 
 township organization the same limitation shall apply to the district 
 clerk. 
 
 § 43. Elections—provisions generally applicable.] In all 
 counties under township organization the highway commissioners shall 
 be elected at the annual town meeting and subject to the laws governing 
 the same. In all counties not under township organization the high¬ 
 way commissioners and the district clerk shall be elected at annual 
 elections to be held on the first Tuesday in April in each year. Until 
 the first annual election held after this Act becomes effective, the several 
 boards of highway commissioners and clerks now in office shall continue 
 to exercise their respective powers and duties as heretofore. At such 
 first annual election held after this Act shall become effective, there 
 shall be elected in each township in counties under township organiza¬ 
 tion, and in each road district in counties not under township organiza¬ 
 tion, but which have already been divided into districts, one commis¬ 
 sioner of highways as the successor of the commissioner of highways 
 whose term of office shall then expire. Thereafter, the several highway 
 commissioners then in office, and thereafter elected, shall exercise all 
 the functions, powers and duties provided by this Act. 
 
 § 44. Same—counties operating under special act—pro¬ 
 visions applicable to first ELECTION.] In all counties not under town- 
 sliip organization which are operating under the optional Act entitled, 
 “^An Act in regard to roads and bridges in counties not under township 
 organization, and to provide for the adoption of the same,^’ approved May 
 10, 1901, and which counties therefore are not already divided into road 
 districts as aforesaid, the county board of each of said counties shall, at 
 least twenty days before the first Tuesday in April next after this Act 
 
92 
 
 shall become effective, designate some central and convenient place in 
 each district for the holding of the first district election, and shall also 
 appoint three suitable electors of the district as judges of the election. 
 
 Notices of first election.] The county clerk shall thereupon make 
 out notices, stating the time (which shall be the first Tuesday in April 
 thereafter) and place of holding the first district election, and the names 
 of the judges of the election so appointed, and deliver such notices to 
 the sheriff of the county who shall cause the same to be posted in not 
 less than three of the most public places of the district, and not less than 
 fifteen days before the time of holding such election. 
 
 Officers elected.] At such first election there shall be elected three 
 commissioners of highways of whom one shall hold his office for one 
 year, one for two years, and the third for three years, to be determined 
 between them by lot before entering upon the duties of their office, and 
 until their respective successors are elected and qualified. At such first 
 election there shall also be elected a road district clerk who shall hold 
 his office for three years and until his successor is elected and qualified. 
 
 Canvass of votes—ecspense.] After the canvass of the votes the 
 judges shall make returns as provided in the general election laws of 
 this State, to the county clerk, who shall make a canvass of the votes and 
 immediately notify the persons elected of their election. The expenses of 
 such first election shall be paid by the county. 
 
 § 45. Elections—counties not under township organization 
 —PROVISIONS relating TO THE CONDUCT THEREOF.] In all counties not 
 under township organization the following provisions regarding elections 
 shall be applicable. 
 
 Annual election for district officers—absence of officers.] 
 The annual election for district officers shall be held on the first Tuesday 
 in April, of each year, at the place designated by the commissioners of 
 highways. The commissioners of highways shall be ex officio judges, 
 and the clerk shall be ex officio clerk of all district elections, but before 
 entering upon the discharge of their duties they shall take the oath of 
 office prescribed by the general election law of the State. In the absence 
 of any of the above named officers the vacancy shall be filled by appoint¬ 
 ment by the commissioners present, and in case there is no commissioner 
 present the electors present shall appoint such judges. 
 
 Notice of any annual or special election.] Notice of the time 
 and place of holding any annual or special election shall be given by the 
 district clerk, or, in his absence, by the commissioners, by posting written 
 or printed notices in at least three of the most public places in the dis¬ 
 trict, at least fifteen days prior to such election. 
 
 District election—how conducted.] The district elections shall 
 be conducted in the same manner and subject to the same laws and 
 regulations as prescribed for general elections: Provided, that no regis¬ 
 tration of voters shall be required. 
 
 Who entitled to vote.] All persons possessing the qualifications 
 of voters, who reside within the boundaries prescribed for such district 
 shall be entitled to vote at such election. 
 
 Canvass of votes—certificate, poll list and ballots sealed 
 AND sent to district CLERK.] The judges shall, immediately, upon clos¬ 
 ing the polls, make a canvass of the votes polled in the manner provided 
 
93 
 
 by the general election law of the State, and make a written statement or 
 certificate of the number of votes cast at such election for each person 
 or proposition voted for, and the office for which such person received 
 such vote, and shall, within forty-eight hours thereafter, cause such cer¬ 
 tificate and poll list, together with the ballots cast at such election, to 
 be separately sealed up and transmitted to the district clerk to be filed 
 and preserved by him. 
 
 Canvass of returns—notice of result of election to voters.] 
 The commissioners of highways, together with some justice of the peace 
 to be by them selected, and the district clerk shall, within five days 
 after any election is held, meet and canvass said returns, and declare 
 the result of said election. The canvass being completed, a statement 
 of the result shall be entered at large, by the clerk of election, in the 
 minutes of the proceedings, to be kept by him as required by this Act, 
 which shall be publicly read by him to the electors present; and such 
 reading shall be deemed notice of the result of the election, to every 
 person whose name shall be entered on the poll list as a voter. 
 
 Drawing?LOTS in case of tie—notice.] In case two or more per¬ 
 sons shall have an equal number of votes for the same office, the ques¬ 
 tion of which shall be entitled to the office shall be decided by lot, un¬ 
 der direction of the district clerk, but he shall give each party at least 
 five days’ notice of the time and place of drawing lots. 
 
 Notice of election to persons elected—filing list of officers 
 ELECTED IN OFFICE OF COUNTY CLERK.] The clerk, within ten days 
 after the canvass of the votes as hereinbefore provided in this section, 
 shall transmit to each person elected to any district office, a notice of 
 his election. He shall also file in the office of the county clerk a list 
 of the names of all district officers elected at such election, who have 
 qualified, within twenty days after such election shall be held. 
 
 § 46. Oath required.] Every person elected or appointed to the 
 office of commissioner of highways, and every district clerk in counties 
 not under township organization, before he enters upon the duties of his 
 office, and within ten days after he shall be notified of his election or 
 appointment, shall take and subscribe, before some justice of the peace 
 or district or town clerk, the oath or affirmation of office prescribed by 
 the Constitution, which oath shall, within five days thereafter, be filed 
 with the district or town clerk. 
 
 In counties under township organization, no additional oath shall be 
 required of the town clerk, to enable him to enter upon the discharge 
 of the duties of his office as ex officio clerk of the board of highway com¬ 
 missioners. 
 
 Neglect to take oath—refusal to serve.] If any person elected 
 or appointed to either of the offices above enumerated, shall neglect to 
 take and subscribe such oath, and cause the same to be filed as above 
 required, such neglect shall be deemed a refusal to serve. 
 
 § 47. When term of commissioner or clerk expires, successor 
 to demand books, papers, etc.] When the term of any commissioner 
 of highways or clerk shall expire, and other persons shall be appointed 
 to such office, it shall be the duty of such successor, immediately after 
 he shall have entered upon the duties of his office, to demand of his 
 
94 
 
 predecessor all the books, papers, moneys and other property under his 
 control, belonging to such office. 
 
 When office becomes vacant by besignation or otherwise—de¬ 
 mand, ETC.] Whenever either of the officers above named shall resign, 
 or the office become vacant in any way, and another person shall be 
 elected or appointed in his stead, the person so elected or appointed 
 shall make such demand of his predecessor, or of any person having 
 charge of such books, papers, moneys or other property. 
 
 Delivering upon oath all records, books, etc.—oath, by whom 
 ADMINISTERED.] It shall be the duty of every person so going out of 
 office, whenever thereto required pursuant to the foregoing provisions, 
 to deliver up on oath, all the records, books, papers, moneys and other 
 property in his possession or in his control belonging to the office held 
 by him; which oath may be administered by the officer to whom such 
 delivery shall be made. 
 
 § 48. Vacancies in office^—counties under township organi¬ 
 zation.] In counties under township organization the provisions of 
 law applicable to resignations from town offices, and the^filling of vacan¬ 
 cies therein, shall apply to highway officers in the same manner as to 
 other town officers. 
 
 § 49. Same—counties not under township organization.] In 
 counties not under township organization the following provisions shall 
 be applicable relating to vacancies in road district offices: 
 
 Vacancy in office—how filled—powers of persons ap¬ 
 pointed.] Whenever any district shall fail to elect the proper number of 
 district officers to which such district may be entitled by law, or when any 
 person elected to any district office shall fail to qualify, or whenever any 
 vacancy shall happen in any district, from death, resignation, removal 
 from the district or other cause, it shall be the duty of the county board 
 to fill such vacancy by certificate under the hand and seal of the county 
 clerk; and the persons so appointed shall hold their respective offices 
 until the next annual election, and until their successors are elected 
 and qualified; and shall have the same powers and be subject to the 
 same duties and penalties as if they had been duly elected by the 
 electors. 
 
 Certificate of appointment.] When any appointment shall be 
 made, as aforesaid, the county clerk shall cause the certificate of ap¬ 
 pointment to be forthwith filed in the office of the district clerk, who^ 
 shall immediately give notice to each person appointed. 
 
 Justice of peace may accept resignation of officer—notice.] 
 Any justice of the peace residing in such district, or if there be no 
 justice residing in such district, then any justice in the county, may, 
 for sufficient cause shown to him, accept the resignation of any district 
 officer of his district, and whenever he shall accept any such resignation, 
 he shall forthwith give notice thereof to the district clerk of the district, 
 or in his absence, to the president of the board of commissioners of 
 highways, who shall make a minute thereof upon the district records. 
 He shall also immediately give notice to ihe county clerk of any vacancy 
 that may exist in any district office. 
 
95 
 
 § 50. Meetings, powers and duties of highway commissioners 
 (a) meetings.] The commissioners of highways of each town or 
 id district shall meet on the second Tuesday next after the annual town 
 leting or road district election, in each year, at the office of the town 
 district clerk, and shall organize as a board by electing one of their 
 mber president. They shall also hold a regular semi-annual meet- 
 y between the first Tuesday in August and the first Tuesday in Sep- 
 nber of each year, at a time to be named by their president, for the 
 rpose of determining the tax rate to be certified by them to their 
 spective county boards, as hereinafter provided. Said board shall 
 ;o hold other regular meetings at such times as they shall designate, 
 d special meetings as occasion may require at the call of the president, 
 any two of the commissioners, and no official business shall be trans- 
 ted by the board except at a regular or special meeting. The con- 
 rrence of at least two commissioners shall be required in all official 
 lions taken by the board as a body, and all certificates or documents 
 reinafter required to be made or executed by the board of highway 
 mmissioners shall be signed by at least two members of said board. 
 
 (B) General powers and duties.] The highway commissioners 
 each town or road district shall have power and it shall be their 
 ty; 
 
 (1) To lay out, alter, widen or vacate roads as hereinafter pro- 
 led. 
 
 (2) To cause such roads used as highways as have been laid out or 
 dicated to public use, but not sufficiently described, and such as have 
 en used for twenty years, but not recorded, to be ascertained, described 
 d entered of record in the office of the district or town clerk. 
 
 (3) To determine the taxes necessary to be levied on property 
 thin his town or district for road and bridge purposes, subject to the 
 citations hereinafter provided. 
 
 (4) To direct the expenditure of alj moneys collected in the town 
 district for road and bridge purposes and to draw warrants on the 
 
 vn or district treasurer therefor. 
 
 (5) To direct the construction and repair of roads and bridges 
 thin the town or district, to let contracts, employ labor and purchase 
 iterial and machinery therefor, subject to the limitations herein pro- 
 led : Provided, however, that no contract shall be let for the con- 
 'uction or repair of any road or bridge or part thereof in excess of 
 B amount of $200, nor shall any machinery or other appliances to be 
 ed in road construction in excess of such amount be purchased with- 
 t the approval of the county superintendent of highways. 
 
 (6) To have general charge of the roads and bridges of their town 
 district, to keep the same in repair and to improve them so far as 
 
 acticable. 
 
 (7) To take possession of and keep under shelter, when not in use, 
 scrapers, plows and other tools belonging to the town or district 
 
 lerever the same may be found, and not allow the same to go to waste, 
 d not lend the same, except to persons employed to work the roads 
 contract or otherwise. 
 
 (8) To cause to be erected and kept in repair at the forks or cross-' 
 g place of the most important public roads, post and guide boards. 
 
96 
 
 with plain inscription thereon, in letters and figures, giving directions 
 
 and distances to the most noted places to which such road may lead; to 
 prevent thistles, burdock, cockleburs, mustard, yellow-dock, Indian mal¬ 
 low and gympson weed from seeding, and to extirpate the same so far 
 as practicable; and to prevent all rank growth of vegetation in the public 
 highway by causing the same to be cut and destroyed prior to the seeding 
 of the same, and at the farthest prior to September 1st, in each and 
 every year; and the said commissioners may, at their discretion, adopt 
 any suitable and convenient mode of supplying water in troughs con¬ 
 veniently situated on the public highway for public use. 
 
 (9) To issue their warrant or order on the treasurer of the board 
 of highway commissioners for the payment of all moneys paid out by 
 such treasurer. 
 
 (C) Eeport.] The highway commissioners shall annually make 
 report in writing showing: 
 
 (1) The amount of poll tax assessed, how much paid, and how 
 much delinquent. 
 
 (2) The amount of road and bridge money received by him, and a 
 full and detailed statement as to how and where expended, and the 
 balance, if any, unexpended. 
 
 (3) The amount paid for damages in laying out, altering, widen¬ 
 ing or vacating roads, and right-of-way for ditches. 
 
 (4) The amount of liabilities incurred and not paid; and if such 
 liabilities are undetermined, they shall be estimated. 
 
 (5) Any additional matter concerning the roads and bridges of the 
 district he may think expedient and proper to make. 
 
 In counties under township organization such report shall be made 
 to the board of town auditors at the semi-annual meeting immediately 
 preceding the annual town meeting. In counties not under township 
 organization such report shall be made not later than the last Tues¬ 
 day in March to the district clerk who shall file the same in his office 
 and he shall record such report at large in the’records of said road dis¬ 
 trict. 
 
 § 51. Duties of clerk.] The town or district clerk shall have the 
 custody of all records, books and papers of the town or road district, 
 and he shall duly file all certificates or oaths and other papers required 
 by law to be filed in his office. He is authorized to administer oaths 
 and take affidavits in all cases required by law to be administered by 
 town or district officers. The duties of the clerk shall further include: 
 
 (1) Recording orders of commissioners.] He shall record in 
 the book of records of his district, all orders and directions of the high¬ 
 way commissioners required by law to be kept, and as hereinafter pro¬ 
 vided for. All records and books required by law to be kept by such 
 clerk shall be deemed public records and shall at all times be open to 
 inspection without fee or reward. The clerk shall also meet with the 
 highway commissioners whenever requested at any reasonable time to 
 do so by the latter official. 
 
 (2) Books and stationery for office.] The district clerk shall, 
 from time to time as may be necessary, procure the proper books and 
 stationery for his office and the cost thereof shall be paid out of the 
 town or district treasury. 
 
97 
 
 (3) Copy op papers and transcripts prom records—evidence.] 
 Copies of all papers duly filed in the office of the town or district clerk 
 and transcripts from the town or district records certified to by him 
 shall be evidence in all courts in like effect as if the originals were 
 produced. 
 
 § 52. Treasurer.] The treasurer of the road and bridge fund 
 shall receive and have charge of all moneys raised in the town or dis¬ 
 trict for the support and maintenance of roads and bridges therein, and 
 for road damages, excepting such portions of the moneys as hereinafter 
 directed to be paid to the authorities of incorporated villages, towns and 
 cities. He shall hold such moneys at all times subject to the commis¬ 
 sioners of highways, and shall pay them over upon the order of not less 
 than two of them, and not otherwise. He shall keep an account in a 
 book provided by the commissioners of all moneys received, and all 
 moneys paid out, showing in detail to whom and on what account the 
 same is so paid. 
 
 (1) Bond.] The supervisor or clerk, as the case may be, before 
 becoming entitled to act as treasurer, and within ten days after his 
 election, shall execute a bond in double the amount of moneys likely 
 to come into his hands by virtue of this Act, conditioned that he will 
 faithfully discharge his duties as such treasurer, that he will honestly 
 and faithfully account for and pay over, upon the proper orders, all 
 moneys coming into his hands as treasurer, and the balance, if any, 
 to his successor in office. Such bond shall be payable to the town or 
 district, and shall be in such sum as the commissioners of highways 
 shall determine. Said bond shall be approved by the commissioners of 
 highways, and shall be filed in the office of the county clerk with such 
 approval endorsed thereon: Provided, that if from any cause the com¬ 
 missioners of highways shall deem the bond so given insufficient, they 
 may require a new bond: And, 'provided, further, that the commis¬ 
 sioners shall have the right to fix any other sum to be required in any 
 new bond so given. The commissioners of highways shall have power 
 to bring suit upon such bond for any loss or damage accruing to the 
 town or district by reason of any non-performance of duty, or defalca¬ 
 tion on the part of the said treasurer. 
 
 (2) Itemized statement op receipts and disbursements.] The 
 treasurer shall also present annually on the first Tuesday in April to the 
 highway commissioners an itemized statement of receipts and disburse¬ 
 ments which shall be sworn to. 
 
 § 53. Compensation of officers—commissioners.] The com¬ 
 missioners shall each receive for each day necessarily employed in the 
 discharge of their duties the sum of two dollars ($2.00) upon a sworn 
 statement to be filed by such commissioner in the office of the town or 
 district clerk showing the number of days he was employed and the 
 kind of employment, and giving the dates thereof. 
 
 Clerk.] The town or district clerk shall receive two dollars per day 
 for each day he shall be required to meet with the highway commis¬ 
 sioners, and the same amount per day for the time he shall be employed 
 as clerk of election, or in canvassing the returns of such election. He 
 shall receive no other per diem. In addition to the above he shall 
 
 —7 L L 
 
98 
 
 also receive fees for the following services, to be paid out of the town 
 or district funds, except where otherwise specified. For serving notice 
 of election or appointment upon district officers, as required by this 
 Act, twenty-five cents each. For posting up notices required by law, 
 twenty-five cents each.. For copying any record in his office and certify¬ 
 ing to the same, ten cents for every hundred words, to be paid by the 
 person applying for the same. 
 
 Treasurer. J d'lie ex officio treasurer shall, in addition to the other 
 compensation to which he is by law entitled, receive two per cent on all 
 moneys paid out by him up to and including two thousand dollars and 
 one per cent on all moneys paid out by him in excess of two thousand 
 dollars, excepting such amounts as shall have been paid to his successor, 
 also except all moneys paid out in payment of bonds or other borrowed 
 money. 
 
 Justice of the peace.] The justice of the peace whose services are 
 required by this Act, shall receive the sum of two dollars per day for 
 his services. 
 
 § 54. Offenses and penalties.] If any highway commissioner 
 shall wilfully refuse to perform any of the duties enjoined upon him by 
 this Act, he shall forfeit not less than ten dollars nor more than fifty 
 dollars, and may be proceeded against in the name of the town or district 
 for the recovery of such forfeiture before any court of the proper county 
 having jurisdiction. 
 
 Subdivision III. 
 
 The Raising of Revenue for Highway Purposes and the Application 
 
 Thereof, 
 
 § 55. Poll tax.] At their annual meeting to be held on the second 
 Tuesday after the annual town meeting or district election in each year, 
 each board of highway commissioners shall make out a list of able- 
 bodied men in their town or district between the ages of twenty-one (21) 
 and fifty (50) years and deliver the same to the town or district treasurer 
 on or before the first day of May in each year, and assess at such meeting 
 against such person upon such list a sum of not less than one (1) nor 
 more than three (3) dollars, as a poll tax for highway purposes, to be 
 paid in cash to such treasurer by the first Monday of June of each year: 
 Provided, that paupers, idiots, lunatics and such others as are exempt by 
 law shall not be compelled to pay a poll tax for highway purposes: 
 Provided, also, that this list shall not include persons within the limits 
 of cities or incorporated villages. The commissioners shall also, within 
 ten (10) days after such list is delivered to the treasurer of the road 
 and bridge fund, cause written or printed notices to be given to each 
 person so assessed, notifying him of the time when and place where such 
 tax must be paid, and if this poll tax shall not be paid by the first 
 Monday of June in such year it shall be the duty of the commissioners 
 of highways, in the name of the district or town, to bring suit therefor 
 against such persons before some justice of the peace having jurisdiction 
 thereof. Summons shall be issued and returned in the same manner as 
 provided by law in other cases. If judgment is rendered against defend¬ 
 ant the court shall find in such judgment that the same is for poll tax 
 
99 
 
 unpaid, and shall endorse the same on the execution, if one is issued. No 
 property belonging to the .defendant shall be exempt from levy to satisfy 
 such execution: Provided, also, that on petition of not less than twenty- 
 five (25) legal voters of any town or district, asking to have the propo¬ 
 sition to abolish the poll tax submitted to the legal voters of said town, 
 or district, filed with the town or district clerk not less than fifteen (15) 
 days before the annual town meeting or annual district election, then 
 the town or district clerk shall state in the notice of the annual town 
 meeting or district election that the legal voters of such town or district 
 may vote by ballot for or against the payment of all poll tax, and if a 
 majority of all the ballots cast are against the payment of a poll tax, then 
 that part of this section which provides for the levying of a poll tax 
 shall no longer be in force in such town or district. 
 
 (1) CONSTABLE^S DUTY HAVING EXECUTION FOR POLL TAX.] The 
 constable to whom such execution shall be delivered shall forthwith col¬ 
 lect the moneys therein mentioned. He shall pay the money so collected, 
 when collected, to the justice of the peace who issued the execution, who 
 is hereby required to pay the same to the treasurer. 
 
 § 56. General tax levy for road and bridge purposes.] At a 
 regular meeting to be held on the first Tuesday in September the board 
 of highway commissioners in each town or road district shall annually 
 determine and certify to the board of supervisors or board of county 
 commissioners the amount necessary to be raised by taxation for the 
 proper construction, maintenance and repair of roads and bridges in 
 such town or road district. Such certificate shall be filed in the office 
 of the county clerk, and by that official presented to the county board at 
 their regular September meeting for their consideration. The amount 
 so certified if approved by the county board, or such part thereof as the 
 said board shall approve shall be extended by the county clerk as taxes 
 against the taxable property of such town or district: Provided, how¬ 
 ever, that the county clerk shall not extend against the taxable property 
 of any town or road district a rate in excess of sixty-one (61) cents on 
 each one hundred dollars valuation of the taxable property of the town 
 or district, and if the amount of taxes approved by the county board 
 shall be in excess of such rate it shall be the duty of the clerk to reduce 
 the same to said rate of sixty-one cents upon each one hundred dollars 
 of the assessed valuation of said town or district. 
 
 § 57. Copy of certificate to be; preserved.] The commissioners 
 of highways of each town or district in addition to certifying to the 
 county board the amount necessary to be raised by said town or district 
 for road and bridge purposes therein, shall also within the dates aforesaid 
 make out and deliver to the town or district clerk a copy of such certifi¬ 
 cate to be kept on file by such clerk for the inspection of the inhabitants 
 of such town or district: Provided, however, that a failure to file such 
 copy shall not affect the validity of the certificate filed with the county 
 clerk, or of the tax levied pursuant thereto: Provided, further, that the 
 toAm or district clerk shall not certify levies of road and bridge taxes to • 
 the county clerk. 
 
 § 58. Damages for laying out roads, etc.—tax levy fqr.] 
 When damages have been agreed upon, allowed or awarded for laying out, 
 widening, altering or vacating roads or for ditching to drain roads, the 
 
100 
 
 amounts of such damages;, not to exceed for any one year twenty cents 
 on each one hundred dollars of the taxable property of the town or 
 district shall be included in the first succeeding tax levy, provided for 
 in section 56 of this Act, and be in addition to the levy for road and 
 bridge purposes; and when collected, shall constitute and be held by the 
 treasurer of the road and bridge fund as a separate fund to be paid out 
 to the parties entitled to receive the same. It shall be the duty of the 
 commissioners of highways at the time of certifying the general tax levy 
 for road and bridge purposes within their town or district to include 
 and separately specify in such certificate the amount necessary to be 
 raised by taxation for the purpose of paying such damages. Upon the 
 approval by the county board of the amount so certified, as provided in 
 the preceding section, the county clerk shall extend the same against the 
 taxable property of said town or district, provided the amount thus 
 approved shall not be in excess of twenty cents on each one hundred 
 dollars of the taxable property therein. 
 
 § 59. Tax rate—extension and collection of taxes.] All 
 items of tax levy of any town or district authorized by sections 56 and 58 
 of this Act shall be extended by the county clerk as one tax upon the col¬ 
 lector's book and when collected shall be paid to the treasurer of the 
 commissioners of highways by the collector as fast as the same is col¬ 
 lected, except such rate per cent as shall be allowed for collecting the 
 same: Provided, that one-half the tax required to be levied in section 
 56 and collected for road and bridge purposes, on the property lying 
 within an incorporated village, town or city in which the streets and 
 alleys are under the care of the corporation, shall be paid over to the 
 treasurer of such village, town or city, to be appropriated to the improve¬ 
 ment of roads, streets and bridges, either within or without said village, 
 town or city, and within the township, under the direction of the corpo¬ 
 rate authorities of such village, town or city: And, provided, further, 
 that when any of said tax is expended beyond the limits of said village, 
 town or city, it shall be with the consent of the highway commissioners 
 of the township or road district. 
 
 § 60 . Eoad damages—orders out of tax to be levied.] AATien- 
 ever damages have been allowed for roads or ditches, the commissioner of 
 highw^ays may draw orders on the treasurer, payable only out of the tax 
 to be levied for such roads or ditches, when the money shall be collected 
 or received, to be given to persons damaged. 
 
 § 61 . Bonds may be issued by vote of special town or district 
 meeting to build bridge, etc.] When the highway commissioners 
 desire to expend on any bridge or other distinct and expensive work on 
 the road, a greater sum of money than is available to them by other 
 means, the said commissioners may call a special town or district elec¬ 
 tion to vote on the proposition, which shall be clearly stated in the 
 
 petition substantially as follows: ^^To borrow $. to construct 
 
 or repair (describe the bridge or other work).^’ Upon determining to 
 call such election the highway commissioners shall order the town* or 
 district clerk, by a'n instrument in writing to be signed by them, to post 
 up in ten of the most public places in said town or district, notices of 
 such special town or district meeting; which notice shall state the object, 
 time and place of meeting, the maximum sum to be borrowed, and the 
 
101 
 
 manner in which the voting is to be had, which shall invariably be by 
 ballot, and shall be ^Tor borrowing money to (here define the pur¬ 
 pose),or ^^Against borrowing money to (here define the purpose)/^ 
 The special town or district election shall be held at the place of the 
 last annual town or district meeting or election by giving at least ten 
 days^ notice, and returns thereof made in the same manner as other 
 special town or district elections are now, or may hereafter be provided 
 by law; and if it shall appear that a majority of the legal voters voting 
 at said election shall be in favor of said proposition the said commis¬ 
 sioners of highways and town or district clerk, as the case may be, shall 
 issue from time to time, as the work progresses, a sufficient amount in 
 the aggregate of the bonds of said town ot district for the purpose of 
 building such bridge, or other distinct and expensive work; said bonds 
 to be of such denominations, bear such rate of interest, not exceeding six 
 per cent, upon such time, and be disposed of as the necessities and con¬ 
 veniences of said town or district officers require; Provided, that said 
 bonds shall not be sold or disposed of for less than their par value, and 
 such town or district shall provide for the payment of such bonds by 
 appropriate taxation. 
 
 § 62. Eoad and BKiDGE MONEY—HOW PAID.] All road and bridge 
 moneys of any town or road district shall be held by the treasurer of 
 the road and bridge fund subject to the order of the commissioners of 
 highways. 
 
 Subdivision IV. 
 
 Provisions Specially Applicable to Bridges and Improvements Con¬ 
 structed or Repaired at the Joint Expense of Two 
 Adjoining Towns or Districts. 
 
 § 63. Bkidges built by two towns or districts.] Bridges over 
 streams which divide towns or districts and bridges over streams on 
 roads on town or district lines, and bridges within eighty rods of town or 
 district lines over streams on roads extending from one town or district 
 into another town or district and crossing town or district lines, shall be 
 built and repaired at the expense of such towns or districts: • Provided, 
 that the expense of building and maintaining any bridge over a stream 
 near town or district lines in which both are interested and where the 
 cost thereof is less than $5,000, shall be borne by both towns or districts 
 in such portion as shall be just and equitable between said towns or dis¬ 
 tricts, taking into consideration the taxable property in each, the location 
 of the bridge, and the advantage of each, to be determined by the com¬ 
 missioners in making contracts for the same, as provided for in section 
 64 of this Act. 
 
 § 64. Contracts by commissioners of adjoining towns or dis¬ 
 tricts.] For the purpose of building or keeping in repair such bridge 
 or bridges, it shall be lawful for the commissioners of such adjoining 
 towns, or districts, whether they be in the same or different counties to 
 enter into joint contracts, and such contracts may be enforced in law or 
 equity apinst such commissioners jointly, the same as if entered into 
 by individuals, and such commissioners may be proceeded against jointly 
 
102 
 
 by any parties interested in such bridge or bridges^ for any neglect of 
 duty in reference to such bridge or bridges, or for any damage growing 
 out of such neglect. 
 
 § 65.' Approaches to bridges on or near town or district 
 LINES.] Approaches to all bridges built and constructed under and by 
 virtue of the two preceding sections, shall be built, constructed and main¬ 
 tained by the respective towns or districts within which such approach 
 or approaches may be located, and all approaches to any and all such 
 bridges as have heretofore been built and constructed jointly by two or 
 more districts or towns shall be maintained by the respective districts 
 or towns within which such approach or approaches are now located. 
 
 § 66. When commissioners of adjoining towns or districts 
 
 REFUSE TO ENTER INTO JOINT CONTRACT, BRIDGE MAY BE BUILT AND 
 BONDS ISSUED BY VOTE OF TOWn’MEETING OR DISTRICT ELECTION.] When¬ 
 ever the commissioners of either of such adjoining towns or adjoining 
 districts, shall refuse to enter into such joint contracts to build and 
 maintain such bridge or bridges, the commissioners of the other town 
 or district may submit such question to the annual district election or 
 town meeting or call a special district election or town meeting to 
 vote upon the proposition as to whether such district or town shall pro¬ 
 ceed to build and maintain such bridge or bridges at its own expense. 
 If such proposed bridge shall require a greater sum of money to com¬ 
 plete it than is available to the commissioners by other means, they may 
 also submit the proposition to such annual or special district election or 
 annual or special town meeting, to borrow money to build such bridge. 
 The voting shall be by ballot, and if simply the question as to the build¬ 
 ing of the bridge is submitted, if the voter desires to vote for building 
 the bridge, his ballot shall state ^To build bridge,’’ and if he desires to 
 vote against the proposition, his ballot shall state “against the propo¬ 
 sition to build bridge.” If the proposition to borrow money to build 
 such bridge shall be included in the notice the maximum amount to be 
 borrowed shall be stated in the same, and the voter desiring to vote 
 affirmatively shall state on his ballot “to build bridge and to borrow 
 money to construct the same;” and if he desires to vote negatively, his 
 ballot shall state “against the proposition to build bridge and to borrow 
 money to construct the same.” Such special election shall be called and 
 held in the same manner as is provided in section 61 of this Act. If the 
 proposition to build such bridge shall receive a majority of all the votes 
 cast at such election or meeting the commissioners shall then have the 
 power to contract for the building of sucli bridge and approaches there¬ 
 to, the same as if the bridge was entirely located in such district or town, 
 and shall have the power to acquire by purchase, lease or gift, any private 
 bridge already built, suited to the purpose, or any land upon which to 
 build the approaches, or may use for the purpose of such approaches any 
 public highway, that may lead to the bank of the stream where said 
 bridge is to be built on either'side of said stream, whether such highway 
 may be within the limits of said town or district or county or not. If 
 the proposition to build such bridge and borrow money to build the 
 same shall receive a majority of the votes cast at such special or annual 
 election or meeting, the town or district clerk, under the direction of 
 the commissioners, shall issue from time to time, as the work progresses, 
 
103 
 
 a sufiQcient amount in the aggregate of the bonds of said town or district 
 for the purpose of building such bridge and the approaches thereto, or 
 to purchase any private bridge already built, as the case may be, said 
 bonds to be of such denominations, bear such rate of interest, not ex¬ 
 ceeding eight per cent, upon such time, and be disposed of as the 
 necessities and conveniences of said commissioners may require. Such 
 bonds shall not be sold for less than their par value, and such town or 
 district shall provide for the payment of such bonds and interest by ap¬ 
 propriate taxation. 
 
 § (H. Suit on joint contiiact.] If the commissioners of either of 
 such towns or districts, after reasonable notice in writing from the 
 commissioners of any other such towns or districts, shall neglect or 
 refuse to build or repair any such bridge when any contract or agree¬ 
 ment has been made in regard to the same, it shall be lawful for the 
 commissioners so giving notice to build or repair the same, to recover, 
 by suit, one-half (or such amount as shall have been agreed upon) of 
 the expense of so building or repairing such bridge, with costs of suit 
 and interest from the time of the completion thereof, from the town or 
 district so neglecting or refusing. 
 
 Subdivision V. 
 
 The Letting of Contracts. 
 
 § 68. Contracts of single town or district.] The commis¬ 
 sioners of highways in each town or district is hereby authorized to 
 contract for the construction and repairing of roads and bridges lying 
 wholly within the limits of his [their] town or district; the cost where¬ 
 of does not exceed $200.00. When any contract shall be for a sum in 
 excess of $200.00, the said commissioners shall not let the same without 
 the approval of the county superintendent of highways. The county 
 superintendent shall keep a record of all contracts approved by him. 
 
 § 69. Contracts for imfrovements to be constructed by two 
 TOWNS OR DISTRICTS.] Contracts for constructing and repairing roads 
 and bridges on town or district lines, or across streams on town or 
 district lines, shall be let by the commissioners of the two towns or dis¬ 
 tricts who shall meet and act together when taking. action upon the 
 letting of such contracts for the construction or repair of such roads 
 and bridges, or acceptance of the work. When such contracts are for 
 the expenditure of a sum exceeding $200.00 they shall not let the same 
 without the approval of the county superintendent as provided in the 
 preceding section. 
 
 § 70. Contractor TO FURNISH BOND.] 77o contract so made either 
 at public or private letting shall be considered as let unless the con¬ 
 tractor shall, within ten days after the letting, enter into contract and 
 file a bond with two good and sufficient sureties with the commissioners, 
 in the penal sum of double the amount of the contract, payable to the 
 commissioners of the town or district, upon failure to comply with the 
 conditions of his or their contract. 
 
 § 71. When contilvcts made payable.] All contracts for the 
 construction or repair of roads, or building or repairing bridges shall be 
 
104 
 
 made payable as soon as the work on said contract is completed and 
 accepted by the commissioners of highways. 
 
 § 72 . In letting contracts, etc., commissioners must not 
 HAVE ANY PECUNIARY" INTEREST.] In letting contracts, employing labor, 
 or in purchasing tools, machinery or materials, neither the highway com¬ 
 missioners nor the county superintendent of highways shall have, 
 directly or indirectly, any personal pecuniary interest therewith. 
 
 Subdivision VI. 
 
 Laying Out^ Altering, Vacating, Widening Roads. 
 
 § 73. Width of roads.] All public roads established under the 
 provision of this Act shall be of the standard width of forty feet. 
 
 § 74. Eeducing width of roads.] The commissioners of highways 
 of any town or road district may reduce the width of any existing public 
 road within any town or road district to a width of forty feet when the 
 same is petitioned for by a majority of the land owners along the line 
 of said road, within said town or district. When possible the land so 
 vacated by reducing the width of the road shall be taken equally from 
 both sides of the public highway. In cases of natural obstructions on 
 one side of the public highway or where the said road extends along the 
 right-of-way of any railroad, river or canal, the commissioners are 
 authorized to reduce the width of the road on one side only. 
 
 § 75. Altering, widening, vacating and laying out roads— 
 petition.] Existing roads may be altered, vacated or widened and 
 new roads may be laid out in the manner herein provided for. Any 
 number of land owners residing in any town or road district within 
 two miles of the road to be altered, widened, vacated or laid out, or two- 
 thirds of such land owners, may file a petition with the commissioners 
 of highways of such town or district, praying for the altering, widening, 
 vacation or laying out of said roads. Said petition shall set forth a de¬ 
 scription of the road and w"hat part is to be altered, widened or vacated, 
 and if for a new road the names of the owners of lands, if known, and if 
 not known it shall so state, over which the road is to pass, the points 
 at or near which it is to commence, its general course, and the place 
 at or near which it is to terminate. 
 
 § 76. Hearing on petition—notice—preliminary order.] 
 Whenever the commissioners shall receive any such petition they shall fix 
 a time when and a place where they will examine the route of such road 
 and hear reasons for or against the altering, widening, vacating or lay¬ 
 ing out of the same, and they shall give at least ten days’ notice pf the 
 time and place of such examination and hearing by posting notices in 
 three of the most public places in the town or district in the vicinity of 
 the road to be widened, altered, vacated or laid out. The commissioners 
 may, by public announcement, and by the posting of a notice at the time 
 and place named for the first hearing, adjourn the said hearing from 
 time to time, but not for a longer period than ten days in all; and 
 shall at such meeting, or such adjourned meeting, decide and publicly 
 announce whether they shall grant or refuse the prayer of the petition, 
 and shall endorse upon or annex to the petition a brief memorandum of 
 
105 
 
 such decision, to be signed by said commissioners and file within five 
 days thereafter in the office of the town or district clerk. 
 
 § 77. Appeal.] In case the commissioners of highways shall deny 
 the prayer of the petition, the petitioners may appeal from such decision 
 to the county superintendent of highways by joining in a notice of such 
 appeal and filing the same in the office of the town or district clerk with¬ 
 in ten days after the date of the decision appealed from. The clerk 
 shall thereupon transmit the original petition for the altering, widening, 
 vacating or laying out of such road, together with the said notice of 
 appeal to the county superintendent of highways. Upon receipt thereof 
 the said county superintendent of highways shall thereupon fix a time 
 and place for a public hearing thereof, giving notice thereof and render 
 his decision thereon in the manner hereinbefore provided in the case 
 of the hearing upon said petition by the commissioners of highways of 
 the town or district. Upon rendering his decision, the said superin¬ 
 tendent of highways shall likewise endorse on said petition a memo¬ 
 randum of his decision and shall file the same in the office of the town 
 or district clerk. Such decision of the commissioners of highways, or 
 upon appeal such order of the county superintendent of highways, shall 
 be regarded as a preliminary decision upon the advisability of the 
 proposed improvement, and shall be subject to revocation in the manner 
 hereinafter provided. 
 
 § 78. Surveys ordered.] If the commissioners of highways, or 
 upon appeal from his [their] decision, the county superintendent of 
 highways, shall enter a preliminary order as aforesaid that the prayer 
 of the petitioner should be granted, the said highway commissioners or 
 county superintendent of highways, as the case may be, shall cause a 
 survey and plat of such road to be made by a competent surveyor who 
 shall report such survey and plat to said commissioners of highways 
 or county superintendent, as the case may be, giving the courses and 
 distances and specifying the land over which said road is to pass; in 
 which he may make such changes between the termini of the road 
 described in the petition, as the convenience and interest of the public 
 in his judgment may require. Upon the petition of twelve land owners 
 residing in the town or district where the road is situated, it shall be 
 the duty of the said commissioners of highways or county superin¬ 
 tendents, as the case may be, within a reasonable time to employ a com¬ 
 petent surveyor and have any road designated in such petition to be 
 once [re] surveyed. 
 
 § 79. Damages to be determined.] Whenever the commissioners 
 of highways of any town or road district or upon appeal from their 
 decision, the county superintendent of highways has entered a prelim¬ 
 inary order as aforesaid for the establishment, vacation, widening or 
 alteration of a road, and a survey therefor has been completed as here¬ 
 inbefore provided, proceedings shall next be taken to fix the damages 
 which will be sustained by the adjoining land owners by reason of such 
 alteration, vacation, widening or laying out. In case such preliminary 
 order was entered by the commissioners of highways, they sliall act for 
 the town or district in all matters relating to the fixing of damages^ as 
 well as the surveying of such road. But in case such order was entered 
 by the county superintendent of highways on appeal, as aforesaid, the 
 
106 
 
 said county superintendent shall represent the said town or district in 
 such matters. 
 
 § 80. Damages may be agreed upon.J The claiiiages sustained by 
 the owner or owners of land by reason of the establishment, alteration, 
 widening or vacation, as aforesaid, may be agreed upon by the owners 
 of such lands if competent to contract, and the commissioners of high¬ 
 ways or county superintendent, as the case may be. Such damages may 
 also be released by such owners, and in such case the agreement or 
 release shall be in writing, the same shall be filed and recorded with the 
 copy of the order establishing, altering, widening or vacating such road 
 in the office of the town or district clerk, and shall be a perpetual bar 
 against such owners, their grantees and assigns for all further claims for 
 such damages. 
 
 ' § 81. Inducemexts may be offered.] Any person or persons in¬ 
 terested in the establishment, alteration, widening or vacation of any 
 public road in this State, are hereby authorized to offer inducements to 
 the commissioners of highways or county superintendent of highways, 
 as the case may be, for the establishment, alteration, widening or vaca¬ 
 tion of any such road, by entering into contract with said commissioners 
 or county superintendent, conditioned upon such establishment, altera¬ 
 tion, widening or vacation, to pay money or other valuable thing to the 
 town or district for the benefit of the road or bridge funds of the same; 
 or to perform any labor, or construct any road, bridge or culvert on any 
 road which said person or persons desire to be established, widened or 
 altered. Any such contracts in writing made*with said commissioners 
 of highways or county superintendents shall be deemed good and valid 
 in law and may be enforced by said commissioners or superintendent, or 
 his or their successors in office, before any court having jurisdiction. 
 
 § 82. Summoning jury to assess damages—summons to 
 OWNERS.] In case such damages are not released or agreed upon as in the 
 preceding section specified, the commissioners, or in case of appeal the 
 county superintendent of highways, shall, within ten days from the date of 
 the meeting at which it was decided to grant the prayer of the petition, 
 make a certificate that he is about to establish, widen, vacate, or alter 
 a public road, describing such road, vacation, widening or alteration, and 
 the land over or on which such road is to be established, altered, widened 
 or vacated, and naming the owners of such lands, if known, and if 
 not known, stating the fact and asking for a jury to assess the damages 
 of such owners, and shall present such certificate to some justice of the 
 peace of the county, who, on receipt of the same, sliall, within five days, 
 issue a summons against the land owners concerned, which summons 
 shall be in the following form as nearly as the case will admit, viz: 
 
 State of Illinois, j 
 
 > ss. 
 
 .County, ) 
 
 The People of the Slate of Illinois, to any constable of said county — 
 
 Greeting : 
 
 You are hereby commanded to summon.to appear 
 
 before me at.on the. .. . day of.at.o’clock, 
 
 and prove to a jury then and there to be empaneled, sucli damages as 
 (he or they) may sustain on account of tlie establishing, altering, 
 
107 
 
 widening or vacating the road described in a certificate of the commis¬ 
 sioners of the town of . or road district No. (or 
 
 county superintendent of highways acting for said town or road dis¬ 
 trict No.) in said county, which certificate is now on file in my 
 
 office. 
 
 Given under my hand and seal this .... day of.., 19. .. 
 
 Justice of the Peace. 
 
 In- which summons the justice shall specify a certain place^ day and 
 hour for the trial, not less than six nor more than fifteen days from the 
 date of such summons, at which time and place such land owners are 
 to appear. Such summons shall be served at least three days before the 
 time of trial mentioned therein, by reading the same to the land owners 
 therein named. 
 
 § 83. If ownek infant, etc., how served.] If any such owner is 
 an infant, such summons shall be served by delivering a copy to the 
 infant and its guardian, if any; if no guardian, the person with whom 
 he or she resides. If any owner is a lunatic or habitual drunkard, having 
 a conservator, or insane, by delivering a copy to his conservator, if any. 
 
 § 84. Notice to non-resident owners—continuance.] In case 
 it shall appear, either from the certificate of the commissioners or county 
 superintendent of highways, the affidavit of any person, or the return of 
 any officer to whom the notice may be delivered for service, that there 
 are non-resident or unknown owner or owners who cannot be found and 
 served within the county, such justice shall also cause notice to be de¬ 
 livered to the occupant of such lands, and the contents and nature thereof 
 to be made known to such occupant and also to be posted in three of 
 the most public places in the vicinity of such proposed road or alteration, 
 at least ten days before the time fixed in the summons for hearing proof 
 of damages, stating the time and place, as stated in said summons, and 
 describing the road to be established or altered, and the lands for which 
 damages are to be assessed; and in case service is made upon any owner 
 by posting notices as alcove provided, the justice shall continue said 
 hearing for a period not exceeding twelve days. 
 
 § 85. Manner of selecting jury—ciiallengb.] Such justice 
 shall also forthwith issue a venire directed to any constable of the 
 county, to summon six persons having the qualifications of jurors to ap¬ 
 pear at such time and place as may be designated for the proving of 
 such damages, whose competency shall be determined the same as in 
 other civil cases before justices of the peace. Either party to the case 
 shall have the same right of challenge as in other civil cases; and any 
 deficiency in the number of jurors, from whatever cause, shall be sup¬ 
 plied by summoning other persons residing in such county: Provided, 
 that not more than one-half of such jury shall be residents of the town 
 or district liable to pay the damages assessed in the case: Provided, 
 further, that changes of venue may be granted, if applied for before 
 the commencement of the trial, in the same manner as in other civil 
 causes before justices of the peace. 
 
 § 86. Oath to jury—trial to be conducted as in other chhe 
 CASES.] The jury shall appear before and he sworn by such justice 
 faithfully and impartially to assess the damages of each of the owners 
 
108 
 
 specified in such certificate, or those of them whose claims are then to 
 be adjusted, according to law, to the best of their judgment and under¬ 
 standing; and all parties in interest shall be entitled to subpoenas and 
 other writs and papers, and the trial shall be conducted as in other 
 civil cases. 
 
 § 87. Trials — ^verdict—judgment damages—benefits.] The 
 
 case shall be entitled, ^‘Town of.(or road district No.) 
 
 vs.(whoever may be summoned as land owners), 
 
 and the jury shall hear such lawful evidence touching the question of 
 such damages as may be presented to them; and they shall also, on 
 request of the commissioners of highways or county superintendent of 
 highways, as the case may be, or owners of lands whose damages are to 
 be determined, in a body visit and examine the proposed location, altera¬ 
 tion, widening or vacation of such road and the lands to be taken or 
 affected thereby, and make a Avritten verdict specifiying the amount of 
 damages, if any, which every such OAvner shall recover, and return the 
 same to such justice, to be by him entered on his docket in the nature 
 of a judgment: Provided, that in estimating the damages, except dam¬ 
 ages to land actually taken for a road, the jury may consider the bene¬ 
 fits conferred; but no benefits enjoyed in common by the OAvners of 
 surrounding property shall be considered in estimating damages. 
 
 § 88. Appeal.] Any person or persons interested in the verdict of 
 any jury in assessing damages in opening, altering or vacating any road, 
 may appeal from such decision to the county or circuit court within ten 
 days after such decision has been rendered, by filing a written petition 
 with the justice of the peace, from whose decision they desire to appeal, 
 asking for an appeal and stating on what grounds such appeal is taken. 
 
 § 89. Costs of appeal:—appeal bond.] x4ny parties taking appeal 
 from the verdict of the jury as aforesaid, shall file a sufficient bond with 
 the justice of the peace, before taking such appeal, conditioned for the 
 payment of the cost of such appeal in case the verdict of the jury is in 
 all things sustained or the appeal dismissed; if the verdict of the jury 
 shall not be sustained, the district shall pay the costs of such appeal. 
 When such appeal is taken from the verdict of the jury called by the 
 justice of the peace to assess damages as aforesaid, and when the com¬ 
 missioners of higliAvays or county superintendent, as the case may be, 
 shall be unable to agree with the OAvners of lands in regard to such 
 damages, then all proceedings shall cease until the amount of damages 
 is settled by the county or circuit court on appeal as aforesaid. 
 
 § 90. Final order of highway commissioners or county 
 SUPERINTENDENT OF HiGHAVAYS.] Within tAventy days after the damages 
 likely to be sustained by reason of the proposed laying out, alteration, 
 Avidening or vacation of any road shall have been finally ascertained, 
 either by agreement of the parties or by trial in a court of the justice 
 of the peace, or on appeal to the county or circuit court, or within twenty 
 days after such damages may have been released, as aforesaid, the com¬ 
 missioners of highways shall hold a public hearing at which they shall 
 hear and consider reasons for or against the proposed laying out, AAuden- 
 ing, alteration or vacation of such road, and at which time and place 
 they shall publicly announce their final decision relative thereto. The 
 commissioner [s] of highways shall give public notice of such public 
 
109 
 
 hearing by posting notices thereof in at least three of the most public 
 places in the town or district for at least five days prior thereto. At 
 such time and place the commissioners of highways shall determine upon 
 the advisability of such proposed laying out, widening, alteration or 
 vacation of such road and shall make an order for the same and shall 
 within five days thereafter file such order in the office of the town or 
 district clerk. 
 
 § 91. Appeal from final commissioners" order.] From such 
 order of the commissioners of highways finally determining the advisa¬ 
 bility of such proposed laying out, alteration, vacation or widening of 
 any road, any person interested therein may appeal to the county superin¬ 
 tendent of highways by filing a notice of such appeal in the office of the 
 town or district clerk within ten days of the date of filing the decision 
 appealed from. Thereupon such clerk shall at once transmit all papers 
 relating to such proposed laying out, alteration, vacation or widening 
 of such road to the county superintendent of highways, who shall within 
 twenty days after the receipt of the same, hold a public hearing within 
 such town or district to finally determine upon the laying out, vacation, 
 widening or alteration of such road. Such hearing shall be upon such 
 notice and conducted in like manner as the hearing before the commis¬ 
 sioners of highways relative to such final decision and from which appeal 
 has been taken. The final order of the county superintendent of high¬ 
 ways, relative to such proposed laying out, alteration, widening or vaca¬ 
 tion of such roads shall be filed with the town or district clerk within 
 five days from the date of such public hearing. 
 
 § 92. Effect of final order.] In case the commissioners of high¬ 
 ways, or upon appeal from their decision the county superintendent of 
 hidiways, shall finally determine as aforesaid against the advisability of 
 the proposed laying out, alteration, widening or vacation of such road, 
 such order shall have the effect to annul and revoke all proceedings and 
 assessments, releases and agreements in respect to damages growing out 
 of the proceedings upon the petition aforesaid. In case the commis¬ 
 sioners or county superintendent shall not revoke such prior proceedings, 
 he or they shall make an order to be signed by him or them, declaring 
 such road to be altered, widened, vacated or laid out as a public highway 
 and which order shall contain or have annexed thereto a definite descrip¬ 
 tion of the line of such road, together with the plat thereof. The com¬ 
 missioners of highways or county superintendents, as the case may be, 
 shall file within five days from the date of his final order, cause the 
 same, together with the report of the surveyor, the petition and the 
 releases, agreements or assessments in respect to damages, to be deposited 
 and filed in the office of the town or district clerk; who shall note upon 
 such order the date of such filing. It shall be the duty of such clerk to 
 record such order, together with the plat of the surveyor in a proper book 
 to be kept for that purpose. 
 
 § 93. Proceedings subsequent to final order.] After it has 
 been finally determined that a road shall be laid out, widened, altered or 
 vacated, either by the commissioners of highways, or upon appeal, by the 
 county superintendent of highways, all proceedings subsequent thereto 
 on behalf of the town or district shall be taken by the commissioners of 
 highways thereof as hereinafter provided. And such commissioners 
 
110 
 
 of highways in such cases are hereby authorized and empowered to re¬ 
 sort to all necessary proceedings not inconsistent with the provisions of 
 this Act to secure the laying out, widening, alteration or vacation of any 
 such road. 
 
 § 94. EeCOUDS of town or district CLER,K-EVIDENCE-EFFECT 
 
 OF SAME.J The records of the town or district clerk, or a certified copy of 
 such record and papers, relating to the establishment, location, alteration, 
 widening or vacation of any road shall be prima fade evidence in all 
 cases that all the necessary antecedent provisions have been complied 
 with, and that the action of the commissioners or other persons and offi¬ 
 cers, in regard thereto, was regular in all respects. 
 
 § 95. Limitations of time to open.] All roads laid out as herein 
 provided shall be opened within two years from the time of laying out 
 the same. If the damages resulting from the establishing of such roads 
 shall not be paid within ninety days from the time of the final determin¬ 
 ation to open the same as aforesaid, such new roads shall be deemed to 
 be vacated. 
 
 § 96. Removal of fences—notice.] Whenever a public road is 
 ordered to be established or altered, according to the provisions of this 
 Act, which road shall pass through or on enclosed land, the commis¬ 
 sioners of highways shall give the owner or occupant of such land sixty 
 days notice in writing, to remove the-fences. If such owner or occupant 
 does not remove the fence or fences within sixty days after such notice, 
 the commissioners shall have the same removed, and direct the road to be 
 opened and worked; the owner of such premises shall pay all necessary 
 costs of the removal, and the same may be recovered by the commissioners 
 of highways in anv court of competent jurisdiction. 
 
 § 97. Crops—removal or.] When any road opened according to 
 the provisions of this subdivision shall pass over enclosed lands, the 
 owners of such lands shall have a reasonable time, not exceeding eight 
 months, to be designated by the commissioners of highways to harvest 
 crops and remove fences which may be on such lands before such road or 
 cartway shall be opened. 
 
 § 98. PinvATE ROADS.] Roafls for private and public use of the 
 width of three rods or less, may be laid out from one dwelling or plan¬ 
 tation of an individoal to any public road, or from one public road to 
 another, or from a lot of land to a public road, or from a lot of land to 
 a public waterway, on petition to the commissioners by any person 
 directly interested. Upon receiving such petition, proceedings shall be 
 had respecting the laying out of such road as in the case of public roads. 
 In case the commissioners of highways or upon appeal, the county 
 superintendent of highways shall enter a preliminary order for the lay¬ 
 ing out of such road, the said highway officer or officers making such 
 preliminary order shall, if possible, and the parties are competent to 
 contract, agree upon the total amount of damages, together with the 
 portion thereof to be paid by the town or district, as well as by each of 
 the land owners benefited by such private road. In case such damages 
 cannot be determined or apportioned by agreement, the same shall be 
 fixed as in the case of public roads. The amount of such damages shall 
 be paid by the persons benefited thereby, to the extent and in proper- 
 
Ill 
 
 tion that they are benefited as determined and declared by the court. 
 The remainder of the amount of damages over and above that to be 
 paid by the parties aforesaid, shall be paid by the town or district as 
 in other cases. The amount of damages to be paid by individuals shall 
 be paid to the parties entitled thereto, before the road shall be opened 
 for use. In all other respects the provisions of this Act relative to the 
 opening, vacation, alteration or widening of public roads shall be appli¬ 
 cable also to the laying out, alteration, widening or vacation of private 
 roads. 
 
 § 99. Eoads on toW'N or district and county lines, etc.] Pub¬ 
 lic roads may be established, altered, widened or vacated on county or 
 township or district lines, or from one township or district to another, and 
 in case a railroad right of way or stream of water joins the boundary 
 line of such county line, then along the line of such railroad right of 
 way or stream of water, in the same manner as other public roads, 
 except that in such cases, a copy of the petition shall be posted up in 
 and presented to the commissioners of each town or district interested; 
 said petition to be as in other cases, and signed by not less than twelve, 
 or two-thirds of the owners of land residing thereon, in either township 
 or.district or county within two miles of the road to be so altered, 
 widened, vacated, located or laid out. Whereupon it shall be the duty 
 of the commissioners of the several towns or districts to meet and act 
 together, in the same time and manner as in other cases, in considering 
 the petition, viewing the premises, adjusting damages, and making all 
 orders in reference to such proposed road, alteration, widening or vaca¬ 
 tion, and a copy of all final orders and plats and papers shall be filed 
 and recorded in each of the counties and towns or districts interested. 
 In case the said commissioners are unable to agree, the county superin¬ 
 tendent of highways shall act as arbitrator between them in case the 
 towns or districts shall lie within the same county, and if in different 
 counties the State Highway Commission or any person designated by 
 him, shall so act. All appeals hereinbefore provided for may likewise 
 to be taken to the county superintendent of highways, or in case the 
 towns or districts shall lie in two or more counties, to the State Highway 
 Commission. 
 
 § 100. Commissioners to allot all or part of road to each 
 TOWN or district-ALSO TO DIVIDE DAMAGES AND EXPENSES-ARBITRA¬ 
 
 TION.] The commissioners shall also, in case a new road is established, 
 allot to each of such towns or districts the part of such road which each 
 of such towns or districts shall open and keep in repair, and the part 
 so allotted shall be considered as wholly belonging to such town or dis¬ 
 trict. They shall also divide the expenses and damages which may 
 accrue from such location, widening or alteration, and if they cannot 
 agree, they shall refer the matter to the county superintendent of high¬ 
 ways or in case the towns or districts shall lie in two or more counties, 
 to the State Highway Commission, whose decision shall be final. 
 
 § 101. Eoads HEREToroRE laid out on county or district or 
 TOWN lines.] All roads heretofore or hereafter laid out upon town or 
 district or county lines shall be divided, allotted and kept in repair in 
 the manner as hereinbefore directed. Any public road that is or shall 
 be laid out on any county or town or district line, and in case a rail- 
 
112 
 
 road right of way or stream of water forms the boundary line of town 
 or district or county, or crowds the public road oft' from such town or 
 district or county, then the road alongside such railroad right of way 
 or stream of water, shall be held to be a road on a county or town or 
 district line, although owing to the topography of the ground along 
 such county or town or district line, or at the crossing of any stream of 
 water the proper authorities in establishing or locating such road may 
 have located a portion of the same to one side of such county or dis¬ 
 trict or town line or railroad right of way, or stream of water, and the 
 expenses of keeping in repair such road shall be assessed by each town 
 or district or county interested. 
 
 § 102. State line roads.] Eoads may be laid out and opened 
 upon the line between this and any adjoining state, as provided in the 
 preceding sections, whenever the laws of such adjoining state shall be 
 applicable. 
 
 § 103. Where road proposed across or alongside railroad— 
 NOTICE.] In addition to the notices now required by law in proceed¬ 
 ings for laying out, locating or opening of public roads, similar notices 
 shall be served on any railroad company across or alongside of whose 
 railroad it may be proposed to locate a public road: Provided, that this 
 Act shall not apply to the proceedings for opening streets in towns or 
 cities. 
 
 § 104. Notices on railroad companies—how served.] The no¬ 
 tices as provided by this Act shall be served by delivering a copy thereof 
 to the station agent of any such railroad company nearest to the pro¬ 
 posed location of such projected public roads. 
 
 Subdivision VII. 
 
 Repair and Maintenance of Roads and Bridges. 
 
 § 105. How ROADS TO be GRADED^-WALK-PENALTY FOR DRIVING 
 
 ON CROSSINGS.] In grading roads, wherever practicable, it shall be 
 done so as to leave not less than one-tenth of the width of the road on 
 each side for a sidewalk; and the space between these points shall be 
 made a regular oval grade so that the entire space can be used for travel¬ 
 ing purposes; and it shall be unlawful to ride or drive on such walk; 
 and any person so offending shall be subject to a fine of $1.00 for each 
 offense. Grading shall be done before the first of September in each 
 year. Corner stones marking sectional or other corners shall not be 
 disturbed, except to so grade the road that these, if in the line of travel 
 shall not rise above the surface, and corner stakes shall be replaced by 
 good and substantial stones. In grading public roads, if a ditch is 
 made at the junction of roads, or at the entrance of gates or other open¬ 
 ings of adjoining premises, the road authorities shall construct good 
 and sufficient culverts, or other convenient crossings. 
 
 § 106. Sidewalks in unincorporated villages.] Highway com¬ 
 missioners are hereby authorized to build sidewalks in unincorporated 
 villages out of any delinquent road tax belonging to the town or road 
 district in which such village is located. 
 
 § 107. (A) Eoad drags.—authority and use.] The commis¬ 
 
 sioners of highways in the several towns or districts and the county boards 
 
113 
 
 in the counties of this State are hereby authorized to have earth 
 roads dragged at all seasons of the year whenever the surface of the 
 roads become rough so they will not properly shed the water which 
 falls upon them; and they may contract, a preference to be given 
 adjoining land owners or tenants, to have a given piece of road dragged 
 at a rate not to exceed one dollar ($1.00) per mile for each time 
 dragged, if such work is done during the months of December, Jan¬ 
 uary, February or March, and not to exceed a rate of seventy-five (75) 
 cents per mile for each time dragged, if such work is done during other 
 months of the year than aforesaid: Provided, that the width required 
 by the highway commissioners to be dragged shall be not less than four¬ 
 teen (14) feet, if the width of roadway will permit: Provided, also, 
 that the dragging is done as nearly as practicable in accordance with 
 the instructions of the highway commissioners of the town or district. 
 
 (B) Obsteucting deainage.] It shall be unlawful for any person 
 or persons to place loose earth, weeds, sods, or other vegetable matter on 
 the portion of a road which has been dragged and so maintained in good 
 condition, or to place any material in such a manner as to interfere 
 with the free fiow of water from the dragged portion of the road to the 
 side gutters or ditches: Provided, that this restriction shall not apply 
 to deposits of earth or other material that may be made by the authority 
 of the proper road officials, if necessary for filling or raising the eleva¬ 
 tion of a given section of road or other necessary construction work. 
 
 Teavel eegulated.] It shall also be unlawful for any person or 
 persons to drive or cause to be driven a vehicle of any description in or 
 upon any portion of the highway immediately after the same has been 
 dragged and before such portion of the highway shall have partially 
 dried out or frozen: Provided, that nothing in this section shall apply 
 in those instances where it is impossible to drive with safety at one 
 side of said dragged portion of the road, or where a vehicle does not 
 make a rut on such dragged portion of the road, injurious to the work 
 accomplished by use of the road drag, or where a vehicle does not make 
 a rut nearer than nine (9) feet from the center of the dragged portion 
 of the road. 
 
 Subdivision VIII. 
 
 Gravel, Pock and Macadam—Hard Roads. 
 
 § 108. Petition foe eoad—notice—election—^vote.—bate pee 
 CENT.] On the petition of twenty-five per cent of the land owners who 
 are legal voters of any township to the town clerk thereof, in counties 
 under township organization or road districts in counties not under 
 township organization, to the district clerk, he shall, when giving notice 
 of the time and place for holding the next annual town meeting or road 
 district election, also give notice that a vote will be taken at said election 
 or meeting for or against an annual tax not to exceed one dollar on 
 each one hundred dollars assessed valuation of all the taxable property, 
 including railroads in the township or road district, for the purpose of 
 constructing and maintaining gravel, rock, macadam or other hard 
 roads. Said petition shall state the location and route of the proposed 
 road or roads, and shall also state the annual rate per cent not exceed- 
 
 —8 L L 
 
114 
 
 ing one dollar on each one hundred dollars, and the number of years 
 not^ exceeding five, for which said tax shall be levied. If in any such 
 petition a special election shall be requested for such purposes it shall 
 be called in the manner provided for calling special elections in section 
 112 of this Act. 
 
 § 109. Ballots.] The ballots at said election shall be substantially 
 in the following form: 
 
 For special tax for gravel, rock, macadam or 
 other hard roads. 
 
 Yes 
 
 
 No 
 
 
 § 110. Duty of commissioners—tax donations.] If a majority 
 of all the ballots cast at said election on said proposition shall be in 
 favor of said special tax, then it shall be the duty of the commissioner 
 of highways of the township or road district to levy an annual tax in 
 accordance with said vote and certify the same to the county clerk. He 
 shall also cause a copy of such certificate of levy to be filed in the office 
 of the town or district clerk as provided in section 57 of this Act. The 
 county clerk shall cause such levy, thus certified to him to be extended 
 on the tax books for the current year and for each succeeding year, as 
 stated in the certificate so filed with him: Provided, that the length of 
 time for which the special tax levy shall continue shall not exceed five 
 years. The commissioner may also receive donations in money, labor, 
 materials or other valuable things, to aid in the construction of said 
 road. 
 
 § 111. Levy and collection of tax.] The county clerk, when 
 making out the tax books for the State and county tax for the collector, 
 shall in each year for the number of years stated in such certificate 
 extend the special tax in separate columns against each tax payeFs 
 name or taxable property, as other taxes are extended, which shall be 
 collected the same as State and county taxes, and known as the perma¬ 
 nent road fund. 
 
 § 112. Borrowing money.] On the petition of the commissioners 
 of highways, in his official capacity, and of one hundred of the free 
 holders of any town or district (or where there may be less than two 
 hundred such free holders, then a majority of them) to the town or 
 district clerk requesting him, when giving notice of the time and place 
 for holding the next annual town meeting or road district election, to 
 also give notice that a vote will be taken at said election or meeting on 
 
 the proposition, ^Tor borrowing $. (to construct or maintain 
 
 gravel, rock, macadam or other roads, or to construct or repair any 
 bridge or bridges, or to construct or to repair any other distinctive 
 work on the road),’^ he shall, when giving notice of the time and place 
 for holding the next annual town meeting or road district election, also 
 give notice, that a vote will be taken at said election or meeting upon 
 
 the proposition, ^^For borrowing $. (to construct or maintain 
 
 gravel, rock, macadam or other roads, or to construct or repair any 
 bridge or bridges, or to construct or repair any other distinctive work 
 on the road).” 
 
 If in any such petition a special election shall be requested for such 
 purpose, it shall be called as follows: 
 
115 
 
 Upon the filing of such petition the town or district clerk shall call 
 uch special town or district election by posting up in ten of the most 
 )ublic places in said town or district, at least ten days prior to the day 
 ixed for said special town or district election, notice- of such special 
 own or district election, which notices shall state the filing of said 
 )etition, the time and place of said special election, and that a vote will 
 e taken at said election or meeting upon the proposition, ‘Tor borrow- 
 
 ng $.. (to construct or maintain gravel, rock, macadam, 
 
 ir other roads, or to construct or repair any bridge or bridges, or to 
 onstruct or repair any other distinctive work on the road),^^ and the 
 nanner in which the voting is to be had.' 
 
 Such special election shall be held at the place of the last annual 
 own or district election, and returns thereof shall be made in the same 
 nanner as other special or district elections are now or may hereafter 
 »e provided by law. 
 
 The vote at such regular or special election shall invariably be by a 
 eparate ballot and shall be in the following form: 
 
 For borrowing $.to construct or main- 
 
 Yes 
 
 
 tain gravel, rock, macadam or other roads. 
 
 No 
 
 
 And if it shall appear that a majority of the legal voters voting at 
 aid election on said proposition voted in favor of said proposition, the 
 ommissioners of highways and the town or district clerk, as the case 
 aay be, shall issue (from time to time as the work progresses) a suffi- 
 dent amount, in the aggregate, of the bonds of said town or district for 
 he purpose of building and maintaining gravel, rock, macadam or other 
 oads, or for the purpose of constructing or repairing such bridge or 
 ridges, or for the purpose of constructing or repairing such other dis- 
 inctive work on the road as the case may be. Said bonds to be of such 
 ienominations, bear such rate of interest, not exceeding five per cent, 
 ipon such time, and be disposed of as necessities and convenience of said 
 own or district may require: Provided, that said bonds shall not be sold 
 r disposed of either by sale or by payment to contractors for labor and 
 naterials for less than their par value; such bonds to be issued in not 
 nore than ten annual series; the first series of which shall mature not 
 nore than five years from the date thereof and each succeeding series in 
 succeeding years thereafter. A register of all issues of said bonds shall 
 )e kept in the office of the county clerk of the count}^ in which said 
 ownship or district is located, showing the date, amount, rate of inter- 
 ;st, maturity, and the purpose for which said bonds were issued, which 
 uformation shall be furnished to the county clerk in writing by the 
 ;own or district clerk, and it shall be the duty of such county clerk to 
 jxtend annually against the property in said township or road district 
 i tax sufficient to pay the interest of said bonds in each year prior to 
 he maturity of such first series and thereafter he shall extend the tax 
 n each year sufficient to pay each series as it matures, together with 
 
116 
 
 interest thereon and with the interest npon the nnmatured bonds out¬ 
 standing. Such bonds may be lithographed and the interest for each 
 year evidenced by interest coupons thereto attached, which shall be 
 signed by the same officers who executed by original or facsimile signa¬ 
 tures the bonds: Provided, however, that the amount, including the 
 principal and interest to be voted upon, shall not exceed the amount 
 which can be raised during a period of five years by a levy of one dollar 
 per year on each one hundred dollars of taxable property as taken for 
 assessment purposes in such town or district; the proceeds of said bonds 
 to be paid to the treasurer and to be disbursed by him upon the order of 
 the commissioners of highways. 
 
 § 113. Duty of tkeasurer.] The treasurer of the road and bridge 
 fund of any town or district before receiving any of said fund herein 
 provided for, shall execute a good and sufficient bond, with two or more 
 sureties, to be filed with the town clerk or district clerk, as the case 
 may be, for the benefit of the town or district, in double the amount 
 which will probably come into his hands by virtue of this subdivision of 
 this Act. 
 
 § 114. Tax collector—duty—commission.] The tax, when col¬ 
 lected, shall be paid to said treasurer as fast as collected, except such 
 rate per cent as shall be allowed for collecting the same, and said tax 
 shall be known and kept as the permanent road fund. The treasurer 
 shall be allowed one per cent on all of said fund that comes into his 
 hands. 
 
 § 115. Surveys, estimates, etc.] Whenever it shall be voted to 
 construct gravel, rock, macadam or other hard roads in any township or 
 district it shall be the duty of the county superintendent of highways 
 of the county in which said township so voting is located to at once sur¬ 
 vey (or cause to be surveyed) the route of the road thus to be improved, 
 and to prepare suitable maps, plans, specifications, and estimates of the 
 cost of the proposed improvement. The county superintendent of high¬ 
 ways shall divide the same into convenient sections, each of which shall 
 be numbered. The county superintendent of highways, upon the com¬ 
 pletion of said maps, plans, specifications, and estimates, shall file one 
 copy of the same with the town or district clerk of tbe township whereic 
 the proposed road is to be constructed and one copy with the commis¬ 
 sioners of highways of said township. 
 
 § 116. Plans—rids—notice.] When the nlans and specifications 
 are completed, the commissioners shall advertise for sealed bids for saic 
 work, by publishintr a notice thereof for at least three weeks in some 
 newspaper published in said township or road district. If there is nc 
 newspaper published therein, then in the newspaper published nearesi 
 said township or road district, and also by posting notices in at least ter 
 of the most public places in said town or road district. 
 
 § 117. Plans and specifications—what to contain.] Th< 
 plans and specifications shal] provide for the grading of a road-bed of noi 
 less than 20 feet in width on the surface, and so constructed as to drair 
 freely to the sides and with all necessary side and lateral ditches and tih 
 drains, bridges-and culverts, and a track laid with gravel, rock, macadam 
 or other hard and durable substance, not less than seven nor more thar 
 sixteen feet in width, and if constructed of gravel or broken stone, not lesi 
 
117 
 
 han ten inches thick in the center, and eight inches thick on the edges: 
 ^rovidedj however^ this section shall be considered as directory only, and 
 hall not prohibit the making of roads of different width or thickness, in 
 he discretion of the commissioners. 
 
 § 118. Commissioners—opening bids—eailure to give bond.] 
 bhe commissioners shall appear at the time and place appointed, for the 
 )urpose of opening the bids and shall proceed to let the contract publicly 
 ;o the lowest responsible bidder or bidders by sections, with proper specifi- 
 :ations of the various kind of labor or material on each section, and bid- 
 lers shall be required to separately state their bids for each class of work 
 n such manner as the commissioners may provide, and each contractor 
 hall be required to give bond with good and sufficient sureties for the 
 )erformance of his contract, payable to the commissioners for the use 
 ind benefit of the town or district wdth the necessary specifications and 
 itipulations on the part of the contractor entered therein: Provided, 
 lowever, no contract in excess of the sum of two hundred dollars 
 ($200.00) shall be let by the commissioners of highways in any town or 
 listrict without the approval of the county superintendent of highways. 
 Slo commissioner shall be interested either directly or indirectly in any 
 contract relating in any manner to said road. 
 
 § 119. May reject bids.] If the commissioners of highways shall 
 le of the opinion that the bids are too high, they may reject the same. 
 S^o contract shall be deemed as let unless the contractor shall, within ten 
 lays after the letting, enter into contract and file a bond with two good 
 ind sufficient sureties with the commissioners, in the penal sum of double 
 :he amount of the contract, payable to the commissioners of highways 
 apon the failure to comply with the conditions of his or their contract. 
 
 § 120. Estimate—payment op contractor.] The county super¬ 
 intendent of highways shall make estimates of the work done, and certify 
 the same to the commissioners of highways of said township, not oftener 
 than once in thirty days, as may have been provided in the contracts, 
 and the said commissioners of highways shall then issue an order on the 
 treasurer in favor of the contractor, reserving not less than 20 per cent 
 of said estimates, to guarantee the completion of the contract. Upon the 
 completion of the contract the commissioners and the county superinten¬ 
 dent of highways shall make a thorough and complete examination and 
 estimate of said work, and, if found in accordance with the specifications 
 of the contract, the commissioners, upon the certificate of the county 
 superintendent of highways, shall issue his order on the treasurer for 
 the full amount due the contractor. 
 
 § 121. Record—report—settlement.] The commissioners shall 
 keep a full and accurate record of all their proceedings under this Act, 
 and shall, upon the completion of the road, file with the town or district 
 clerk all records, papers, plans, plats, estimates, specifications and con¬ 
 tracts, and shall make a full report to, and settlement with the board of 
 town auditors or district clerk as provided in section 50 of this Act. If 
 the commissioners fail to make such settlement, the supervisor or board 
 of county commissioners shall cause an action to be instituted against 
 them in the corporate name of the township or road district to enforce 
 such settlement. 
 
118 
 
 § 122. CoNSTKUCTiON OF ROAD—MATERIAL.] The Commissioners 
 •and the county superinteudent of highways may, in their discretion, 
 cause the road to be constructed wholly of earth, and by a thorough 
 system of tile and other drainage, when gravel, stone and other suitable 
 hard materials can not be obtained at a cost within the means in the 
 hands of the commissioners. 
 
 § 123. Commissioners may take materials.] The commission¬ 
 ers, for the purpose of constructing, maintaining or repairing gravel, 
 rock, macadam or other hard roads, as provided in this subdivision and 
 for procuring materials therefor, may enter upon lands of others, doing 
 no more damage than the necessity of the case may require, and take 
 therefrom such material as is necessary for the construction and repair¬ 
 ing of said roads: Provided, that the commissioners of highways, their 
 employees, or teams, shall not enter upon such lands for the purpose 
 in this section stated, without having paid or tendered the amount of 
 damage allowed or agreed upon: Provided, that the commissioners and 
 the party or parties owning or controlling the lands to be entered upon, 
 or from which material is to be taken, cannot agree as to the amount of 
 damage or value of material, that the amount of damage shall be deter¬ 
 mined as provided for in the law for exercising the right of eminent 
 domain. 
 
 § 124. Compensation of commissioners and employees.] The 
 commissioners shall receive the same compensation for their services 
 under this subdivision of this Act as for services under the common 
 road law: Provided, however, they shall not receive benefit for both 
 kinds of service on the same day. The assistants or employees shall 
 receive such reasonable compensation as may be agreed upon. The com¬ 
 missioners shall be paid out of the road and bridge fund of the town 
 or district. The other employees shall be paid by the commissioners 
 out of the permanent road and bridge fund and none other. 
 
 § 125. Extension of road within city or village.] Whenever 
 a special tax shall have been levied under the provisions of this subdi¬ 
 vision of this Act, the commissioners of highways of any town or district 
 may, by agreement with the city council or board of trustees of any 
 city or village of less than 10,000 population, extend any road improved 
 under the provisions of this subdivision within or through the corporate 
 limits of such city or village: Provided, such extension within such 
 city or village shall be of the same cost and kind of material as the road 
 outside such city or village, to be paid for out of said special tax and 
 after completion to be maintained by the municipal authorities of such 
 city or village at the cost of such city or village. 
 
 § 126. Powers of county board.] The several county boards of 
 counties are hereby vested with the same powers for constructing, repair¬ 
 ing and maintaining gravel, rock, macadam or other hard roads in their 
 respective counties as the commissioners of highways acting severally 
 or together or with the several county superintendents of highways 
 according to the provisions of this Act. The county board of any county 
 may also assist any town or road district therein in the construction of 
 a hard road under the provisions of this Act, to the extent of twenty- 
 five per cent of the cost thereof: Provided, however, that the question 
 of raising a special permanent road tax or of issuing bonds for the pur- 
 
119 
 
 K)ses set forth in this Act, shall first be submitted to the legal voters 
 )f the county, at any regular election for county officers, on the petition 
 if one hundred land owners who are legal voters in said county, to the 
 :ounty clerk, previous to time of posting the notices for said county 
 ilection, said petition and notices to designate the road or roads to be 
 mproved and number of years, not to exceed five, for which the tax 
 hall be continued. 
 
 § 127. Ballots—election—tax.] The ballots to be used at elec- 
 ions provided for in the preceding section shall be in the form pre- 
 icribed in section 109 of this Act. If a majority of all the ballots cast 
 it said election shall be in favor of the special permanent road tax, it 
 hall be the duty of the county board to direct the county clerk to extend 
 uch tax against all the taxable property, including railroads in said 
 :ounty, and proceed in the construction of the road or roads voted for 
 n the same manner as provided for the guidance of commissioners of 
 lighways in their respective towns or districts. 
 
 § 128. Eoads to be free.] All roads constructed under the pro- 
 isions of this subdivision of this Act, either by towns or districts or 
 ounties shall be free for public travel and kept in repair by the proper 
 uthorities thereof. 
 
 i 
 
 § 129. Surplus fund.] All surplus funds remaining in the hands 
 if the treasurer of the town or district after the' completion of any road 
 irovided for under this subdivision of this Act shall be turned over to 
 he common road fund of said town or road district, as the case may be, 
 xcept so much thereof as the commissioners may order retained for the 
 lurpose of repairing said permanent road. 
 
 ARTICLE VII. 
 
 Certain Provisions Applicable Generally to Highway 
 
 Officials. 
 
 § 130. Tile drains—contract with owners.] Whenever the 
 ;uiiiniisi5ioners of highways are about to lay a tile drain along any pub¬ 
 ic road other than a State aid road, or the State Highway Commission 
 ir county superintendent of highways is about to lay such tile drain 
 dong a State aid road, the said highway commissioner[s]. State Highway 
 Jommission, or county superintendent of highways, as the case may be, 
 hall have the power to contract with the owners or occupants of adjoin- 
 ng lands to lay larger tile than would be necessary to drain the road, 
 ind to permit connection therewith by such contracting parties to drain 
 heir lands: Provided, that all such contracts on roads other than State 
 lid roads for a sum in excess of $200.00 shall be made on behalf of any 
 own or road district by the highway commissioners thereof, with the 
 lonsent of the county superintendent of highways. 
 
 § 131. Willow liedges—public nuisance.] Where willow hedges, 
 >r a line of willow trees have been planted along the margin of a road, 
 0 as to render tiling impracticable, the commissioners of highways if 
 :he road be other than a State aid road, and the State Highway Commis- 
 ion or the county superintendent of highways, if the road be a State aid 
 oad, may contract with the owner for their destruction; and they shall 
 
120 
 
 be destroyed before tiling. The planting of these trees hereafter on the 
 margin of roads is hereby declared to be a public nuisance. 
 
 § 132. Carriages may be kept off highways—when.] The 
 proper highway officials are hereby authorized to keep carriages and 
 vehicles of every kind off the public highways wherever necessary to 
 properly repair the same. 
 
 § 133. Commissioners may enter lands to open ditches, etc. 
 
 -WHEN OWNER WILL NOT CONSENT-PROCEEDINGS.] The MghwaV 
 
 commissioners of the towns and road districts are hereby author¬ 
 ized to enter upon ahy land adjacent to any highway in their 
 respective towns or districts for the purpose of opening any ditch, ^ 
 whenever it shall be necessary to open a water course from any 
 highway to the natural water course; and to dig, open and clean 
 ditches upon said land for the purpose of carrying off the water from 
 said highways; or to drain any slough or pond on said highways: 
 Provided, that unless the owner of such land, or his agents, shall first 
 consent to the cutting of such ditches, the commissioners shall apply to 
 any justice of the peace of the county in which such road is situated for 
 a summons, directed to any constable of said county, commanding him 
 to summon the said owner to appear before the said justice, at a time 
 and place specified in such summons, not less than five nor more than 
 fifteen days from the date thereof, for the purpose of having the damages 
 assessed which such owner may sustain by reason of the digging or open¬ 
 ing of such ditches or drains. The said summons shall be under the hand 
 of such justice and be served in the same manner as summons is now 
 served in civil actions before justices of the peace. On the return of such 
 summons, a venire shall be issued for a jury, as in other cases in the trial 
 of civil actions before justices of the peace, which jury shall assess such 
 damages and render a verdict therefor. Whereupon judgment shall be 
 entered by the justice in accordance with the verdict. If either party 
 shall feel aggrieved by such judgment, an appeal may be taken as in 
 other cases: Provided, bond is filed within five days from' the time of 
 entering of the judgment. If no appeal is perfected within five days the 
 amount so awarded shall be paid before the commissioners of highways 
 shall be warranted and empowered to enter upon such lands and dig, 
 open and clean such drains, ditches and water courses as aforesaid for the 
 purposes contemplated in this Act. The commissioners are authorized 
 to use the poll tax and road money of their town or district for the pay¬ 
 ment of such judgment: Provided, that not more than one-half of such 
 jury shall be residents of the town or district which is liable to pay the 
 damages: Provided, further, that in case the owner of said lands is a 
 non-resident, service may be had by leaving a copy with the occupant or 
 agent, or by notice in the same manner as prescribed in section 84 of 
 this Act. 
 
 § 134. Material for constructing roads—eminent domain.] 
 The State Highway Commission, the State Highway Engineer, the 
 county superintendent of highways and the commissioners of highways 
 of any town or district, for the purpose of constructing, maintaining or 
 repairing gravel, rock or other roads, and for procuring material therefor, 
 may enter upon lands of others, doing no more damage than the necessity 
 of the case may require, and take therefrom such material as is necessary 
 
121 
 
 for the construction or repair of said roads: Provided, that such State 
 highway Commission^ State Highway Engineer, county superintendent 
 )r commissioners of highways, their employees or teams shall not enter 
 ipon such lands for the purpose stated in this Act without having paid 
 )r tendered the amount of damages allowed or agreed upon: A7id, pro- 
 nded, further, if such State Highway Commission, State Highway Engi- 
 leer, county superintendent of highways or commissioners of highways 
 ind the party or parties owning or controlling the lands to be entered 
 ipon, or from which matei'ial is to be taken, can not agree as to the 
 imount of damage or value of such material, that the amount of damage 
 hall be determined as provided for in the law for exercising the right 
 >f eminent domain. 
 
 § 135. Authouity to straighten water courses.] Whenever 
 iny public road shall be petitioned for, and located, in part, in the bed of 
 my stream, the highway commissioners of the several towns or districts 
 ire hereby authorized to enter upon the adjacent land on which said 
 itream is located, for the purpose of changing the current of the said 
 dream, so that it will not flow upon or over such proposed roadway; and 
 ;o dig any necessary ditches for such purpose: Provided, that in case the 
 )wner of such land or his agent shall not consent to such straightening 
 )f said stream, then the commissioners shall first proceed to have the 
 lamages assessed and paid, in the same manner as is now provided for 
 he assessment and payment of damages in proceedings to open ditches 
 'or the drainage of public highways. 
 
 § 13G. Eight of owner to aiake crossing—costs.] Any person 
 wning, using or occupying lands on both sides of any public highway, 
 hall be entitled to the privilege of making a crossing under said highway 
 or the purpose of letting his cattle and other domestic animals cross said 
 oad: Provided, said person shall erect at his own expense, a good and 
 Libstantial bridge, with good railings on each side thereof, and build an 
 mbankment, of easy grade, on either side of said bridge; said bridge to 
 e not less- than sixteen feet wide, and to be approved in the case of a 
 date aid road by the State Highway Commission, State Highway Engi- 
 -eer or county superintendent of highways, and in the case of any other 
 ran a State aid road, to be approved by the commissioners of highways 
 f the town or district in which said bridge is built, and the same to be 
 ept constantly in good repair by the owner or occupant of said land, the 
 Dnstruction subject always to the consent and approval of said State 
 [ighway Commission, State Highway Engineer-, county superintendent 
 f highways or commissioners of highways, as the case may be: And, 
 rovided, further, that in case such crossing is made on any waterway or 
 atural channel for water and where a culvert or bridge is maintained as 
 squired for road purposes, said owners or occupants shall not be required 
 ) pay for or construct any more of said crossings than the additional 
 Dst of such crossing over and above the necessary cost of a suitable cul- 
 2 rt or bridge for road purposes at such place. 
 
 § 137. To KEEP DOWN iveeds.] The commissioners of highways in 
 leir respective towns or road districts, shall annually, at the proper 
 iason, to prevent the spread of the same, destroy or cause to be des- 
 ■oyed, all cockle burr, Canada thistles, Eussian thistle and all other 
 inds of thistles, or other noxious weeds, growing brush or plants grow- 
 
122 
 
 ing on or upon all public roads other than State aid roads- within their 
 respective towns or districts. The State Highway Engineer or the county 
 superintendent of highways shall attend to the destruction of such weeds, 
 thistles and plants upon all State aid roads. It is also hereby made the 
 duty of the highway officers aforesaid to seasonably mow and keep down 
 all weeds or other vegetation growing along the highways under their 
 respective jurisdictions. 
 
 Penalty.] Any highway officer failing to comply with the pro¬ 
 visions of this section shall be liable to a fine of not less than $10.00 or 
 more than $25.00 for each season in which he shall neglect the require¬ 
 ments of this Act. 
 
 § 138. Capacity of bridges and culverts.] It shall be unlawful 
 hereafter to construct any bridge or culvert upon any ravine, creek or 
 river upon a public highway or street in any town, county or city in this 
 State unless such bridge or culvert shall have the capacity of sustaining 
 a weight of at least one hundred pounds to the square foot. 
 
 Penalty.] Any person who shall violate.the provisions of this sec¬ 
 tion shall be guilty of a misdemeanor, and, upon conviction, shall be 
 fined not to exceed $200.00. 
 
 ARTICLE yill. 
 
 Law of the Road—Offenses and Penalties. 
 
 § 139. Certain roads declared public highways.] All roads in 
 this State which have been laid out in pursuance of any law of this State, 
 or of the Territory of Illinois, or which have been established by dedica¬ 
 tion or used by the public as highways for fifteen (15) years, and which 
 have not been vacated in pursuance of law, are hereby declared to be pub¬ 
 lic highways. 
 
 § 140. The term carriage.] The term ^Tarriage’^ as used in this 
 Act shall be construed to include stage coaches, wagons, carts, sleighs, 
 sleds, automobiles, motorcycles, motor vehicles and every other carriage 
 or vehicle used for the transportation of passengers and goods, or either 
 of them. 
 
 § 141. Notice against fast driving over bridge.] The commis¬ 
 sioners of highways, the State Highway Commission, the State Highway 
 Engineer, or the county superintendent of highways, when they deem it 
 advisable, may put up and maintain in conspicuous places at each end 
 of any bridge a notice with the following words in large characters: 
 ^‘Five dollars fine for riding or driving on this bridge faster than a 
 walk.^^ If any person shall ride or drive over any bridge, upon which 
 such notice has been placed, faster than a walk, he shall forfeit the sum 
 of five dollars for every such offense. 
 
 § 142. Destroying or defacing guide boards, etc.] For destroy¬ 
 ing or defacing any guide board, post or milestone, or any notice or direc¬ 
 tion put up on any bridge or otherwise, by or with the authority of the 
 State Highway Commission, State Highway Engineer, county superin¬ 
 tendent of highways, or the commissioners of highways of any town or 
 district, the offender shall forfeit a sum of no [not] less than three 
 dollars, nor more than fifty dollars. 
 
123 
 
 § 143. Depositing in road weeds^ garbage^ etc.] It is hereby 
 declared unlawful for any person to deposit in a public road weeds, trash, 
 garbage or other offensive matter or any broken bottles, glass, boards, 
 containing projecting nails or any other thing likely to cause punctures 
 in the tires of automobiles or motor vehicles; and any person so offending 
 shall be liable to a penalty of not less than three dollars nor more than 
 ten dollars: Provided, however, that this section shall not apply to 
 proper deposits of harmless materials made in good faith and in a proper 
 manner to repair the roads. 
 
 § 144. Injuring sidewalks, bridges, etc.] If any person shall 
 purposely destroy or injure any sidewalk, public bridge, culvert, or cause¬ 
 way, or remove any of the timber or plank thereof, or obstruct the same, 
 he shall forfeit a sum not less than three nor more than one hundred 
 dollars, and shall be liable for all damages occasioned thereby and all 
 necessary costs for rebuilding or repairing the same. 
 
 § 145. Turn to the right.] That whenever any person traveling 
 with any carriages, shall meet on any turnpike, road or public highway 
 in this State, the persons so meeting shall seasonably turn their carriages 
 to the right of the beaten track, so as to permit each carriage to pass 
 without interfering or interrupting, under the penalty of five dollars for 
 every neglect or offense, to be recovered by the party aggrieved: Pro¬ 
 vided, this section shall not be construed to apply to a case where it is 
 impracticable from the nature of the ground for the driver of the carri¬ 
 age or wagon to turn to the right of the beaten track. 
 
 § 146. Drunken driver—penalty.] No person owning any car¬ 
 riage, running or traveling upon any road in this State for the conveyance 
 of passengers, shall knowingly employ, or continue in employment, any 
 person to drive such carriage who is addicted to drunkenness or the exces¬ 
 sive use of spirituous liquors; and if anv such owner shall violate the 
 provisions of this section, he shall forfeit at the rate of $5.00 per day for 
 all the time he shall keep such driver in his employment. Any person 
 driving his own team, or the team of another, on the public highway, 
 when intoxicated, shall be subject to a fine of not less than $3.00, nor 
 more than $25.00 for each ofPense. 
 
 § 147. Drunken driver, discharge of.] If any driver, while 
 actually employed in driving any such carriage shall be guilty of intoxi¬ 
 cation, to such a degree as to endanger the safety of the passengers in the 
 carriage, it shall be the duty of the owner of such carriage, on receiving 
 written notice of the fact, signed bv anv one of said passengers, and certi¬ 
 fied by him on oath, forthwith to discharge such driver from his employ¬ 
 ment; and every such owner who shall retain, or have in his employ, 
 within thirty days after the receipt of such notice, any driver who shall 
 have been so intoxicated, shall forfeit at the rate of five dollars per day 
 for the time during which he shall keep any such driver in his employ¬ 
 ment after receiving such notice. 
 
 § 148. Running HORSES, ETC., ON PUBLIC ROADS.] No person driv¬ 
 ing any carriage upon any turnpike, road or public highway within the 
 State, with or without passengers therein, shall run his horses, or carriage 
 or permit the same to run, upon any occasion, or for any purpose wh^at- 
 ever, except in case of necessity; and every person who shall offend 
 against the provisions of this section shall he deemed guilty of a mis- 
 
124 
 
 demeanor, and on conviction thereof, shall be fined not exceeding $100.00 
 or imprisoned not exceeding sixty days, at the discretion of the court. 
 
 § 149. Team to be hitched.] It shall not be lawful for the driver 
 of any carriage, used for the purpose of conveying passengers for hire, 
 to leave the horses attached thereto while passengers remain therein, 
 without making such horses fast with a sufficient halter, rope or chain, 
 or by placing the lines in the hands of some other person, so as to prevent 
 their running; and if any such driver shall offend against the provisions 
 of this section, he shall forfeit the sum of $20.00 to be recovered by 
 action, to be commenced within six months; and unless the amount of 
 such recovery be paid forthwith, execution shall be immediately issued 
 therefor. 
 
 § 150. OlVNER LIABLE FOR DAMAGES-DRIVER OF STAGE^ ETC.^ 
 
 GUILTY OF MISDEMEANOR.] The owner[s] of every carriage running upon 
 any turnpike, road or public highway, for the conveyance of passengers, 
 shall be liable, jointly or severally to the party injured, in all cases, for all 
 injuries or damages done by any person in the employment of such 
 owners as a driver while driving such carriage, to any person, or to the 
 property of any person, and that whenever the act occasioning such injury 
 or damage be wilful, negligent or otherwise, in the same manner as such 
 driver would be liable. Any driver of any mail stage coach, or any other 
 vehicle for the conveyance of passengers, wilfully offending against the 
 provisions of this Act, shall be deemed guilty of a misdemeanor, and on 
 conviction thereof shall be fined not exceeding $300.00, or imprisoned 
 not exceeding four months. 
 
 § 151. Injuring or obstructing roads^ etc.] If any person shall 
 injure or obstruct a public road by felling a tree or trees in, upon or 
 across the same, or by placing or leaving any other obstruction thereon, 
 or encroaching upon the same with any fence, or by plowing or digging 
 any ditch or other opening thereon, or by turning a current of water so 
 as to saturate or wash the same, or shall leave the cuttings of any hedge 
 thereon, for more than ten days, he shall forfeit for every such offense 
 a sum not less than three dollars, nor more than ten dollars; and in case 
 of placing any obstruction on the highway, an additional sum of not ex¬ 
 ceeding three dollars per day for every day he shall suffer such obstruc¬ 
 tion to remain after he has been ordered to remove the same by the com¬ 
 missioners of highways, or in case the road is a State aid road, after he 
 has been ordered to remove the same by the State Highway Commission, 
 State Highway Engineer or county superintendent of highways. Any 
 person feeling himself aggrieved may make complaint under this section: 
 Provided, however, this section shall not apply to any person who shall 
 lawfully fell any tree for use and shall immediately remove the same out 
 of the road, nor to any person through whose land a public road may 
 pass, who shall desire to drain his land, and who shall give due notice to 
 the proper highway officials of such intention: And, provided, further, 
 that the commissioners of highways. State Highway Commission, State 
 Highway Engineer, or county superintendent of highways, as the case 
 may be, after having given reasonable notice (to the owners) of the 
 obstruction, or persons so obstructing, or plowing, or digging ditches 
 upon such road, of the obstruction, may remove any such fence or other 
 obstruction, fill up any such ditch or excavation, except ditches necessary 
 
125 
 
 to the drainage of an adjoining farm emptying into a ditch upon the 
 highway, and recover the necessary cost of such removal from such owner 
 or other person obstructing such road aforesaid, to be collected by the 
 highway officials having jurisdiction of the road whereon such offense 
 was committed. 
 
 § 152. Obstructing person in highavay.] If any person shall 
 wilfully and unnecessarily hinder, obstruct or delay, or shall wilfully 
 and unnecesssarily attempt to delay, hinder or obstruct any other person 
 in lawfully driving or traveling along or upon any public highway in this 
 State, he shall be deemed guilty of a misdemeanor, and on conviction 
 thereof, shall be fined not less than ten (10) nor more than twenty-five 
 (25) dollars; and shall also be liable for all damages occasioned to any 
 person by reason of a violation of this section. 
 
 § 153. Itinerant camping on public highways unlawful.] It 
 shall be unlawful for any itinerant person or persons on any public high¬ 
 way in this State to either hitch or turn loose any stock, cows, horses or 
 other animals for purpose of feeding same or for purpose of temporary 
 camping on such public highways of this State for a period to exceed 
 twelve hours in any one township or district. 
 
 Penalty for violating this section.] Any legal voter or resident 
 in this State may enter complaint before any court having jurisdiction 
 against any person or persons found violating this section and it shall 
 be the duty of such court to issue a warrant for the arrest of such viola¬ 
 tors and have them brought forthwith before said court for examination, 
 and if found guilty of such violation as charged, shall be fined in a sum 
 not less than ten dollars ($10.00) or exceeding fifty dollars ($50.00) for 
 each such offense, or committed to the county jail not exceeding thirty 
 days, at the discretion of such court. 
 
 § 154. Engines on public highways.] It shall be the duty of 
 persons in charge of any steam, or gasoline or oil traction engine, being 
 propelled over the highways of this State, to stop said engine whenever 
 they meet any person or persons going in the opposite direction on said 
 highway with horses or other animals, until said horses or other animals 
 shall have passed by; and said engine shall be stopped when it is one 
 hundred (100) yards distant from said horses or other animals, and 
 sooner in case said horses or other animals become frightened at said 
 engine before arriving at said distance. The owner or driver of said 
 engine shall also keep a good, trusty man not less than fifty (50) nor 
 more than two hundred (200) yards in advance of said engine, to assist 
 in controlling any horses or other animals being driA^en or used on said 
 highway; until said horses or other animals shall haAm passed by said 
 engine; and it shall be the duty of the man thus sent in advance to use 
 all reasonable care and diligence to preA^ent the occurrence of any 
 accidents which might result in case said horses or other animals become 
 frightened at said steam engine. 
 
 When unlaavful to bloav avhistle.] It shall he unlaAvful for any 
 person to blow the whistle of said engine while on the public highway. 
 
 Penalty.] Any owner of a steam, or gasoline or oil traction engine, 
 who, by him.self, agent or employee, violates the proAUsions of this section, 
 shall be deemed guilty of a misdemeanor, and, upon conviction thereof, 
 
126 
 
 shall, for each offense, be fined not less than ten dollars nor more than 
 fifty dollars, to be recovered before any court of competent jurisdiction, 
 and shall also be liable for all damages that may be sustained by persons 
 or property by reason of his failing to comply with the provisions of this 
 section. 
 
 § 155. Suits for recovery of fines or penalties under act^ 
 now BROUGHT—APPLICATION OF FINES.] All suits foT the recovery of any 
 fine or penalty under this Act, including as well such offenses as may he 
 committed upon or in relation to State aid roads as upon other roads, 
 shall be brought in the name of the town or district in which the offense 
 is committed, before any justice of the peace within the county, who shall 
 have jurisdiction in such cases, to the extent of their jurisdiction in other 
 cases, or before any other court of competent jurisdiction: Provided, that 
 all suits or fines and penalties, incurred under this Act, on town or district 
 and county line roads, shall he brought in the name of the town or dis¬ 
 trict to which that part of the road shall have been allotted, before any 
 justice of the peace who shall have jurisdiction in such cases to the extent 
 of their jurisdiction in other cases or before any other court of competent 
 jurisdiction; and it shall be the duty of the State Highway Commission, 
 State Highway Engineer, county superintendent of highways and com¬ 
 missioners of highways to seasonably prosecute for all fines and penalties 
 under this Act; but in case of failure of said officers to so prosecute, 
 complaint may be made by any person: Provided, said person shall 
 before bringing suit in the name of the town or district, give bond for 
 costs, as is provided for in case of a non-resident. But whenever any 
 person shall enter complaint to any of said highway officials, it shall be 
 the duty of such highway official to at once proceed to investigate as to 
 the reason of such complaint, and if such complaint is found to be just, 
 he shall at once proceed to pro‘iecntion. 
 
 § 156. Fines —now disposed of.] All fines and penalties recovered 
 under the provisions of this Act for offenses committed upon or in rela¬ 
 tion to State aid roads, shall, unless otherwise provided, be paid over to 
 the county treasurer, and hv him transmitted to the State Treasurer to 
 become a part of the State road and bridge fund. All fines and penalties 
 recovered under the provisions of this Act for offenses committed upon 
 or in relation to all other roads shall, unless otherwise provided, be paid 
 over to the treasurer of the road and bridg’e fund of the town or district 
 where the offense is committed to he expended upon the roads and bridges 
 in said district or town. The judgment or docket entry of the court or 
 justice imposing a fine or penalty for violation of this Act as aforesaid, 
 shall in each instance specify whether such offense was committed upon 
 or in relation to a State aid road or a road other than a State aid road. 
 
 § 157. Eestriction—jurisdiction.] ISTothing contained in this 
 Act shall interfere with or affect any law concerning hackney coaches or 
 carriasres in anv of the cities of this State, nor interfere with nor affect 
 the laws or ordinances of any such city for the licensing or regulating 
 such coaches or carriages. Justices of the peace shall have jurisdiction 
 of all cases arising under this Act, where the penalty does not exceed 
 their jurisdiction. 
 
127 
 
 ARTICLE IX. 
 
 Optional—Single Highway Commissioner System Provided For. 
 
 § 158. Provisions optional.] The provisions of this article shall 
 become effective in any township or road district in this State upon the 
 adoption of the same by the legal voters of such township or road dis¬ 
 trict as hereinafter provided and not otherwise. 
 
 § 159. Petitions for adoption—election.] At any time follow¬ 
 ing the passage and approval of this Act, on petition of not less than 
 twenty-five of the legal voters of any township or road district, the town 
 or district clerk thereof shall, within thirty days thereafter, call a special 
 election at which there shall be submitted to the voters of such town or 
 road district the question of having a single highway commissioner in 
 such township or road district: Provided^ however, that no such election 
 shall be held within the period of thirty days next preceding any annual 
 town or road district election, and elections for the purposes specified in 
 this section shall not be held oftener than once in three years: And, pro¬ 
 vided, further, that in all counties not under township organization which 
 are now operating under the optional Act entitled, ^^An Act in regard 
 to roads and bridges in counties not under township organization, and to 
 provide for the adoption of the same,’^ approved May 10, 1901, no special 
 election shall be held for the purposes provided in this section until the 
 division of such counties into road districts as provided in section 41 
 of this Act. 
 
 § 160. Notice of election.] Upon the filing of a petition for an 
 election to change from the three highway commissioner system to the 
 single highway commissioner system, as provided in the preceding sec¬ 
 tion, the town or district clerk shall post notices of the time and place 
 of holding such special election in at least three of the most public places 
 in said town or road district, which notices shall be posted at least fifteen 
 days prior to the time of holding such election. 
 
 § 161. Ballots—conduct of special election.] The ballots to 
 be used at said election shall contain the following form: “For Single 
 Highway Commissioner System“Against Single Highwav Commis¬ 
 sioner System.” The special election held pursuant to the provisions of 
 this article shall be conducted in the same manner and subject to the 
 same laws and regulations as are prescribed for other elections held 
 pursuant to the provisions of this Act. 
 
 § 162. Result of election.] If a. majority of the legal voters 
 voting at said special election shall vote in favor of the proposition, 
 “For Single Highway Commissioner System,” then and thereafter and 
 until said vote shall be reversed in the manner hereinafter provided the 
 provisions of this article shall be effective in such township or road dis¬ 
 trict, and in said township or road district there shall be but one high¬ 
 way commissioner to be elected as hereinafter provided. 
 
 § 163. Election of commissioner—tenure of office.] At the 
 next annual town meeting or road district election held uext after the 
 adoption of the provisions of this article by any town or road district in 
 this State, there shall be elected a single highway commissioner for such 
 town or district, who shall hold his office for three years and until liis 
 successor is elected and qualified. And thereafter there shall be elected 
 
128 
 
 every three years a highway commissioner as the successor of the high¬ 
 way commissioner whose term of office shall expire. The official term of 
 any highway commissioner holding office at the time of the adoption of 
 this article by any town or road district shall expire upon the qualifica¬ 
 tion of the single highway commissioner elected at said next ensuing 
 annual town meeting or road district election. 
 
 § 164. PeOVISIONS specially applicable to - COUNTIES NOT 
 
 UNDER TOWNSHIP ORGANIZATION—(a) CLERK.] In any road district in a 
 county not under township organization adopting the provisions of this 
 article, the district clerk shall be elected at the same time as the highway 
 commission [er]. The official term of any such clerk holding office at the 
 time of the adoption of this article by any town or road district shall 
 expire upon the qualification of the district clerk elected at said next 
 ensuing annual road district election. 
 
 (B) Conduct of elections.] In all road districts in counties not 
 under township organization having adopted the provisions of this 
 article, the regular election for commissioner of highways and district 
 clerk shall be held on the first Tuesday in April every three years at 
 the place designated by the commissioner of highways. The commis¬ 
 sioner of highways and two other persons to be named by the county 
 board for each road district of the county operating under this article 
 shall act as judges of election, and the district clerk shall be ex officio 
 clerk of all district elections, but before entering upon the discharge of 
 their duties they shall take the oath of office prescribed by the general 
 'election laws of the State. In the absence of any of the above named 
 officers the vacancy shall be filled by appointment by the commissioner, 
 or in his absence by the district clerk, and in case both the commissioner 
 and the district clerk are absent, the electors present shall appoint such 
 • officers. 
 
 § 165. (A) Powers, duties and compensation of highway 
 
 COMMISSIONER.] In any town or road district which shall adopt the pro¬ 
 visions of this article all the powers and duties hereinbefore vested in 
 the board of highway commissioners and the members thereof, shall 
 thereafter be fully enjoyed, exercised and employed by the single high¬ 
 way commissioner provided for in this article, and all the preceding pro¬ 
 visions of this Act, in so far as compatible with the provisions of this 
 article, shall remain and be in full force and effect. 
 
 (B) Compensation.] In any town or road district adopting the 
 provisions of this article, the single highway commissioner herein pro¬ 
 vided for shall receive for each and every day he is necessarily employed 
 in the discharge of his duties a salary to be fixed by the county board 
 in counties not under township organization and by the board of town 
 auditors in counties under township organization not to exceed in coun¬ 
 ties of the first class three dollars and fifty cents ($3.50) per day, in 
 counties of the second .class four dollars ($4.00) per day, and in counties 
 of the third class five dollars ($5.00) per day, upon a sworn statement 
 to be filed by such commissioner in the office of the town or district clerk, 
 showing the number of days he was employed and the kind of employ¬ 
 ment, and giving the dates thereof. 
 
 § 166. Withdrawal from PROviffioNs of this article.] Any 
 town or road district having adopted the provisions of this article may 
 
129 
 
 withdraw from the provisions thereof and elect to come under the general 
 provisions of this Act whereby three highway commissioners are provided 
 for in each town or road district. Such withdrawal from the provisions 
 of this article shall by the vote of the legal voters of such town or dis¬ 
 trict, and provisions therefor may be inaugurated by petition to the town 
 or district clerk, in the manner provided in section 161 of this Act. 
 Upon the filing of such petition a special election therefor shall be called, 
 and conducted, and the result thereof declared as provided in sections 
 161, 162 and 164 of this Act: Provided, that no such special election 
 shall be held within the period of thirty days preceding the second Tues¬ 
 day in April in any year. At said special election the proposition 
 petitioned for and submitted to the voters shall be as follows: ^Tor con¬ 
 tinuing single Highway Commissioner System^^ and ^^Against continuing 
 [single] Highway Commissioner system.” A majority of all the -voters 
 voting at such election shall be required to withdraw such town or road 
 district from the provisions of this article, and after any town or district 
 has voted to withdraw from the provisions of this article, no special elec¬ 
 tion shall be called to return to the provisions of this said article for 
 a period of at least three years. 
 
 § 167. Election of officers upon withdrawal from this 
 ARTICLE.] In case any town or road district having adopted the pro¬ 
 visions of this article shall elect to withdraw therefrom and come under 
 the three commissioner system as provided in the preceding section of 
 this Act, the town or district clerk shall give notice, in the manner here¬ 
 inbefore provided that at the next annual town meeting in counties under 
 township organization, or at an election to be held on the first Tuesday 
 in April then next ensuing in counties not under township organization, 
 there will be elected three highway commissioners for such town or road 
 district. Of the three commissioners elected at the election held pur¬ 
 suant to such notice, one shall hold his office for three years, one for two 
 years and the third for one year, to be determined between them by lot 
 before entering upon the duties of their office. Upon the election and 
 qualification of the members of such board of highway commissioners 
 the unexpired portion of the term of any single highway commissioner 
 who may be in office by virtue of the preceding- provisions of this article 
 shall thereby be terminated. 
 
 In all road districts in counties not under township organization 
 electing to withdraw from the provisions of this article, as aforesaid, 
 a district clerk shall also be elected at the time and place of holding the 
 election of the three highway commissioners as aforesaid, and the unex¬ 
 pired portion of the term of any district clerk then in office shall termi¬ 
 nate upon the qualifications of the clerk elected at such election. 
 
 ARTICLE X. 
 
 Act Construed—Statutes Repealed. 
 
 § 168. Part invalid.] The invalidity of any portion of this Act 
 shall not affect the validity of any portion thereof which can be given 
 effect without such invalid part. 
 
 § 169. Certain acts repealed.] The following Acts and parts of 
 Acts are hereby repealed: 
 
 —9 L L 
 
130 
 
 Act in regard to roads and bridges in counties under township 
 organization, and to repeal an Act-and parts of Acts therein named/V 
 approved June 23, 1883: Provided, however, that all officials now hold¬ 
 ing office under said Act shall continue to exercise and enjoy their re¬ 
 spective rights, powers, duties and emoluments as therein provided until 
 the first election of highway officials held under and pursuant to the 
 provisions of this Act. 
 
 “^^An Act to provide for the organization of road districts, the election 
 and duties of the officials therein, and in regard to roads and bridges, in 
 counties not under township organization, and to repeal an Act and parts 
 of Acts therein named,^’ approved May 4, 1887: Provided, however, that 
 all officials now holding office under said Act shall continue to exercise 
 and enjoy their respective rights, powers, duties and emoluments as 
 therein provided until the first election of highway officials held under 
 and pursuant to the provisions of this Act. 
 
 ^^An Act in regard to roads and bridges in counties not under town¬ 
 ship organization and to provide for the adoption of the same,” approved 
 May 10, 1901: Provided, however, that all officials now holding office 
 under said Act shall continue to exercise and enjoy their respective 
 rights, powers, duties and emoluments as therein provided until the first 
 election of highway officials held under and pursuant to the provisions 
 of this Act. 
 
 “An Act requiring the destruction of cockle burrs, weeds or plants,” 
 approved May 31, 1879. 
 
 “An Act to amend sections one (1) and two (2) of an Act entitled 
 ‘An Act requiring the destruction of cockle burrs, weeds or plants,^ 
 approved May 31, 1879, and by adding thereto sections three (3), four 
 (4) and five (5),” approved June 2, 1895. 
 
 “An Act to authorize the construction and maintenance of gravel, 
 rock, macadam or other hard roads,” approved June 18, 1883. 
 
 “An Act to protect persons and property from danger from steam 
 engines on public highways,” approved June 26, 1885. 
 
 “An Act to enable commissioners of highways to condemn lands 
 under the right of eminent domain for the purpose of procuring rock, 
 gravel or other material for building or repairing public roads,” approved 
 June 21, 1895. 
 
 “An Act authorizing the highway commissioners of any township to 
 construct sidewalks in unincorporated villages,” approved June 21, 1895. 
 
 “An Act concerning travel upon public highways,” approved June 
 21, 1895. 
 
 “An Act to regulate the construction of bridges and culverts,” ap¬ 
 proved April 21, 1899. 
 
 “An Act to provide for appointment of a good roads commission and 
 to make an appropriation therefor,” approved May 15, 1903. 
 
 “An Act entitled ‘An Act to enable commissioners of highways in 
 counties not under township organization to straighten water courses 
 in the construction of public roads,^ ” approved May 16, 1905. 
 
 “An Act authorizing the commissioners of highways in any township 
 in counties under township organization and the commissioners of 
 highways or boards of county commissioners in counties not under town- 
 
131 
 
 ship organization, to maintain earth roads with a drag and to contract 
 for the use of the same and provide penalty for injury to work so done/^ 
 approved May 31, 1907. 
 
 ^^4n Act making it the duty of counties under township organization 
 and towns in counties under township organization to build, construct 
 and maintain approaches to bridges located on or near town and county 
 lines,” approved June 4, 1907. 
 
 '^^An Act to protect turnpike and gravel or macadara roads and to 
 provide a penalty for its violation,” approved June 5, 19il. 
 
 “An Act to authorize counties changing from township organization 
 to county organization to assess a poll tax, road labor and road tax at any 
 meeting of the county commissioners during the first year after such 
 change,” approved May 28, 1879. 
 
 “An Act in regard to itinerant camping on public highways,” ap¬ 
 proved April 21, 1899. 
 
 “An Act to establish a State Highway Commission defining the 
 duties thereof and to make an appropriation for experimental pur¬ 
 poses,” approved May 18, 1905. 
 
 “Section 16 of an Act entitled, ^An Act to revise the law in relation 
 to township organization,^ ” approved March 4, 1874, and as amended 
 by an Act approved May 10, 1901. 
 
 “An Act to provide for the election af the commissioners of high¬ 
 ways in counties under township organization, and to legalize the elec¬ 
 tion and official acts of such as were elected in the years 1874 and 1875, 
 and to fix the compensation of the treasurers of such commissioners,” 
 approved April 15, 1875. 
 
 Approved June 27, 1913. 
 
 Safety Appliances 
 
 An Act to amend sections 1, 3 and If. of an Act entitled, ''An Act pro^ 
 viding for the inspection of equipment and operation of safety 
 appliances on railroads engaged in moving traffic between points in 
 the State of Illinois/' [Approved May 12, 1905; in force July 1, 
 1905.'] 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That three inspectors of auto¬ 
 matic couplers, power brakes and grabirons or handholds on railroad 
 locomotives, tenders, cars and similar vehicles, shall be appointed by 
 the Eailroad and Warehouse Commissioners, within thirty days after 
 this [Act] goes into effect, who shall hold office two years, unless sooner 
 removed for cause, and until their successors are appointed and quali¬ 
 fied. At any time a vacancy occurs in this office, the Eailroad and 
 Warehouse Commissioners shall immediately fill the vacancy by 
 appointment. 
 
 Xo person is eligible to hold this office who is an officer or an 
 employee of a railroad company, or owns or is interested, directly or 
 indirectly, in the stocks or bonds of any railroad company or who has 
 not had at least seven years of practical experience on some line of rail- 
 
132 
 
 road operated in the State of Illinois in one or more of the following 
 capacities: Engineer, fireman, conductor, yardmaster, brakeman, train 
 baggageman, switchman, car inspector or car repairer. 
 
 § 3. Said inspectors shall have the nght of passing in the per¬ 
 formance of their respective duties, over all railroads and upon all rail¬ 
 road trains in this State, and over, upon or in all instrumentalities used 
 hy any common earner in the transportation of persons or property 
 between points wholly within the State of Illinois. Each inspector shall 
 be paid a salary of fifteen hundred dollars ($1,500) per year and neces¬ 
 sary expenses, which shall be paid in the manner now provided by law 
 for the salaries and expenses of the Railroad and Warehouse Commis¬ 
 sioners. Said inspectors shall have their offices in the State House, in 
 the office of the Railroad and Warehouse Commissioners, and shall be 
 under the supervision of said commissioners. 
 
 § 4. It shall be the duty of the said inspectors to inspect the 
 surface and track conditions of train yards, sanitary condition of cars 
 used in transporting persons between points in Illinois, and investigate 
 train accidents resulting in injury to persons or property. Said in¬ 
 spectors shall inspect the couplers, power brakes, and grabirons or hand¬ 
 holds and other portions of cars and engines used by persons on the 
 railroads engaged in moving traffic between points in Illinois, and shall 
 make weekly reports of his [their] inspections, reporting all conditions 
 to the Railroad and Warehouse Commission. 
 
 Approved June 26, 1913. 
 
 Semi-monthly Payment of Wages and Salaries by Corporations 
 
 FOR Pecuniary Profit 
 
 An Act in relation to the semi-monthly payment of wages and salaries 
 by corporations for pecuniary profit, and providing penalty for vio¬ 
 lation of same. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That every corporation for 
 pecuniary profit engaged in any enterprise or business within the State 
 of Illinois, shall as often as semi-monthly pay to every employee engaged 
 in its business all wages or salaries earned by such employee to a day 
 not more than eighteen (18) days prior to the date of such payment. 
 Any emplo 3 ^ee who is absent at the time fixed for payment, or who for 
 any other reason is not paid at that time, shall be paid thereafter at any 
 time upon six days^ demand, and any employee leaving his or her employ¬ 
 ment or discharged therefrom, shall be paid in full following his or her 
 dismissal or voluntary leaving his or her employment, at any time upon 
 three days^ demand. Ho corporation coming within the meaning of 
 this Act, shall by special contract with employees or by any other means 
 secure exemption from the provision of this Act. And each and every 
 employee of any corporation coming within the meaning of this Act 
 shall have his or her right of action against any such corporation for 
 the full amount of his or her wages due on each regular pay day as 
 herein provided in any court of competent jurisdiction of this State. 
 
133 
 
 § 2. Any corporation coming within the meaning of this Act 
 violating section one (1) of this Act, shall be deemed guilty of a mis¬ 
 demeanor and fined in a sum not less than twenty-five dollars ($25) or 
 more than one hundred dollars ($100) for each separate offense and 
 each and every failure or refusal to pay each employee the amount of 
 wages due him or her at the time, or under the conditions required in 
 section 1 of this Act, shall constitute a separate offense. 
 
 Approved June 21, 1913. 
 
 Shot Fibers in Mines—^^Dead Hole"^ Defined 
 
 An Act to' amend sections 2 and 7 of an Act entitled, '‘An Act pro¬ 
 viding that operators of mines shall furnish shot firers in mines 
 ivhere shooting and blasting is donef' approved May IS, 1905, in 
 force July 1, 1905, as amended by Act approved Alay 20, 1907, in 
 force July 1, 1907. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly : That sections 2 and 7 of an Act 
 entitled, “An Act providing that operators of mines shall furnish shot 
 firers in mines where shooting and blasting is done,^^ approved May 18, 
 1905, in force July 1, 1905, as amended by Act approved May 20, 1907, 
 in force July 1, 1907, be and the same are hereby amended so as to 
 read as follows: 
 
 § 2. In all mines in this State where coal is blasted, and where 
 more than two pounds of powder is used for any one blast; and, also, 
 in all mines in this State where gas is generated in dangerous quantities, 
 a sufficient number of practical, experienced miners, to be designated as 
 shot firers, shall be employed by the company, and at its expense, whose 
 duty it shall be to inspect and do all the firing of all blasts, prepared 
 in a practical, workmanlike manner in said mine or mines. 
 
 § 7. Ho person or persons shall order, command or induce by 
 threat or otherwise, any shot firer to fire any unlawful shot, or any shot 
 which in his judgment, after due inspection, shall not be a workman¬ 
 like, proper and practical shot. 
 
 Ho person shall drill or shoot a dead hole as hereinafter defined. 
 A ^Mead hole^^ is a hole where the width of the shot at the point 
 measured at right angles to the line of the hole is so great that the heel 
 is not of sufficient strength to at least balance the resistance at the 
 point. The heel means that part of the shot which lies outside of the 
 powder. 
 
 Approved June 27, 1913. 
 
 Teachers^ Pension Fund in Districts Under Special Acts 
 
 § 1. Teachers’ pension fund in district of 10,000 
 to 100,000 under special Acts. 
 
 § 2. Board of management. 
 
 § 3. What fund consists of. 
 
 4. Control of funds—investments. 
 
 § 5. Who entitled to benefits—classifications— 
 contributions. 
 
 § 6. Contributors—beneficiaries. 
 
 § 7. Resolution declaring maturity of service, etc. 
 § 8. Annuities and pensions. 
 
134 
 
 Teachers^ Pension Fund — Concluded. 
 
 § 9. Deductions certified to treasurer—special 
 fund—warrants. 
 
 §10. Custodian of fund—bond—refund to teach¬ 
 ers not re-employed or retiring. 
 
 § 11. All teachers become contributors. 
 
 § 12. Exemption from attachment or garnish¬ 
 ment. 
 
 § 13. Interest added to fund. 
 
 § 14. Establishment of fund by majority vote. 
 
 § 15. Validation of former Acts. 
 
 § 16. Applicable to distiicts created by special 
 charter. 
 
 § 17. Term ‘‘teachers” defined. 
 
 § 18. Continuance under general law. 
 
 (Senate Bill No. 89. Approved June 27, 1913.) 
 
 An Act to enable any board of school inspectors, or any body or hoard of 
 officials, which governs, or has charge of the affairs of any school 
 district having a population of not fewer than 10,000 and not more 
 than 100,000 inhabitants, and governed by special Acts of the 
 General Assembly of this State and in such other districts as may 
 hereafter be ascertained by any special or general census to have 
 such population and which school districts are also governed by 
 like special Acts, to establish and maintain a teachers" pension and 
 retirement fund. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That in all school districts, 
 having a population of not fewer than 10,000, and not more than 100,000 
 inhabitants organized under and governed by special Acts of the Gen¬ 
 eral Assembly of this State and in such other districts as may hereafter 
 be ascertained by any special or general census to have a population of 
 not less than ten thousand nor more than one hundred thousand and 
 which may also be governed by any such special Acts, the board of school 
 inspectors, of every such district, or the body or board of officials which 
 governs, or has charge of, the affairs of any such school district, may 
 establish and maintain in and for said district a teachers’ pension and 
 retirement fund. 
 
 § 2. Said board of school inspectors, or the body or board of offi¬ 
 cials which governs, or has charge of, the affairs of any such school dis¬ 
 trict wherein the provisions of this Act may be made operative, shall 
 cause to be elected a board of management foj the purpose of carrying 
 out the provisions of this Act. Said board of management shall con¬ 
 sist of either three or nine members, as said board of school inspectors, 
 or the body or board of officials which governs, or has charge of, the 
 affairs of anv such school district shall determine. Two-thirds of the 
 
 %j 
 
 membership of said board of management shall consist of members of 
 the active teaching force of said district, who are contributors to said 
 pension and retirement fund and they shall be elected by the members 
 of said active teaching force of said district who are contributors to 
 said pension and retirement fund, in such manner and for such terms 
 as said board of school inspectors, or the body or board of officials 
 which governs, or has charge of, the affairs of any such school district 
 shall by resolution determine. One-third of the membership of said 
 board of management shall consist of members of the said board of 
 school inspectors, or the body or board of officials which governs, or 
 has charge of, the affairs of any such school district. Such representa- 
 
135 
 
 tive shall be selected by such board of school inspectors, or the body 
 or board of officials which governs, or has charge of, the affairs of any 
 such school district for such terms as said board may by resolutions 
 determine. 
 
 § 3. The teachers^ pension and retirement fund shall consist of 
 moneys contributed by teachers under the provisions of this Act; also 
 of moneys received from donations, legacies, gifts, bequests and other¬ 
 wise, and of moneys paid into said fund in pursuance of any law now 
 in force or hereafter enacted. 
 
 § 4. The board of school inspectors, or the body or board of 
 officials which governs, or has charge of, the affairs of any such school 
 district, shall have charge of such funds and shall invest the same at 
 interest. The rate of interest, which shall not be less than four per 
 cent nor more than seven per cent, per annum, payable annually, shall 
 be determined by a majority of the said board of school inspectors, or 
 the body or board of officials which governs, or has charge of the 
 affairs of any such school district, at any regular or special meeting, 
 ^^o loan shall be made for less than one year nor more than five 3 ^ears. 
 All loans shall be secured by mortgage on unencumbered realty situated 
 in this State, worth at least fifty per cent more than the amount 
 loaned, with a condition that in case additional security shall be required 
 at any time it shall be given to the satisfaction of the board of school 
 inspectors or body or board of officials. In estimating the value of 
 realt}^ mortgaged to secure the payment of mone}^ loaned, tlie value of 
 improvements liable to be destroyed may be included; but in such case 
 the improvements shall be insured for theh* insurable value in a 
 responsible insurance company or companies, and the policy or policies 
 shall be transfen'ed to the board of school inspectors or body or board 
 of officials as additional security and shall be kept so insured until the 
 loan is paid. Nothing herein shall prevent the investing of the principal 
 of the said fund in bonds issued by the State, the Sanitary District of 
 Chicago, counties, townships and cities in this State and in bonds of 
 such school district when the same have been issued for the purpose of 
 building or repairing school houses, in such district, or purchasing and 
 improving school sites, when the issuance of such bonds has been 
 authorized by the majority of the votes cast at an election held for that 
 purpose. Said board of school inspectors, or body or board of officials, 
 shall have the power to make payments from such fund of pensions and 
 annuities granted in pursuance of this Act. 
 
 § 5. Any person who shall be employed to teach in the public 
 schools of the district where the provisions hereof may be in force after 
 this Act shall take effect, shall be entitled to the benefits of the said 
 fund upon complying with the provisions of this Act, and for the purpose 
 of this Act, such persons shall be divided into the following classes: 
 
 First —Those who have taught five years or fewer than five years 
 in the public schools. 
 
 Second —Those who have taught more than five years and not more 
 than ten vears. 
 
 Third —Those who have taught more than ten years and not more 
 than fifteen vears. 
 
 Fourth —Those who have taught more than fifteen years. 
 
136 
 
 After this Act shall take effect, there shall be set apart from the 
 salaries of each teacher in the employ of the board of school inspectors, 
 or the body or board of officials which governs, or has charge of, the 
 affairs of any such school district $5 per annum while they remain in 
 the first class; $10 per annum while they remain in the second class; 
 $15 per annum while they remain in the third; and $30 per annum 
 while they remain in the fourth class, which amounts shall be deducted 
 by the board of school inspectors, or the body or board of officials which 
 governs, or has charge of, the affairs of any such school district, in 
 equal installments from their respective salaries at the regular times 
 for the payment thereof, and be paid into and constitute a part of the 
 said teachers’ pension and retirement fund of the district. 
 
 • § C. Teachers who become contributors to, and beneficiaries of, the 
 
 said pension and retirement fund, under provisions of this Act, may 
 count past services as a part of the period of twenty-five years herein¬ 
 after specified, by paying into the fund a sum equal to that which he 
 or she would have contributed under the provisions of this Act, had he 
 or she been a regular contributor to said fund, during said period of 
 past service, together with interest thereon at the rate of four per cent 
 per annum from the time such payments would have been made had 
 such person during such time been a contributor to such fund, to the 
 time such person shall by making such payment become entitled to the 
 benefits and credit of such past service. 
 
 § T. The board of management shall adopt a resolution declaring 
 and fixing the maturity, of service and the right to immediate benefits 
 of the fund, in favor of the persons entitled to the benefits thereof in 
 the following cases: 
 
 First —When any person shall have taught in the public schools 
 for a period of twenty-five years within the meaning of this Act. 
 
 Second —When any contributor to the fund shall have taught 
 fifteen years in public schools, within the meaning of this Act, and shall 
 have been declared by three competent physicians who have made a 
 physical examination of the teacher, at the request of the board of 
 management, to be suffering from a permanent disability: Provided, 
 however, that the board of management shall not declare any contributor 
 entitled to the immediate benefits of the fund until he or she shall have 
 taught in the public schools of the district three-fifths of the term of 
 service of 25 or 15 years, as the case may be: And, provided, further, 
 that no person shall be entitled to the benefits of the fund until he or 
 she shall have retired from service as a teacher. 
 
 § 8. Each teacher so retired or retiring after twenty-five years of 
 service shall be entitled thereafter to receive from said fund an annuity 
 not to exceed $400, and each teacher so retired, because of permanent 
 disabilitv, after 15 vears of service shall receive from said fund as 
 an annual pension such proportion of the full annuity of $400 as the 
 sum contributed by such teacher so retired bears to the total contribu¬ 
 tions required for a full annuity. Pensions and annuities shall be paid 
 monthly during the school year out of the said fund created in accordance 
 with the provisions of this Act, in the manner and at the times provided 
 by law for the payment of the salaries of teachers. 
 
137 
 
 § 9. The president and secretary of the board of school inspectors 
 or the body or board of officials, which governs or has charge of the 
 affairs of any such school district, shall certify monthly to the treasurer 
 of such fund all amounts deducted from the salaries of teachers, special 
 teachers, principals and superintendents in accordance with the pro¬ 
 visions of this Act, which amounts together with all other moneys 
 contributed to the fund, shall be set apart and held by the treasurer of 
 the district as a special fund for the purposes herein specified, and shall 
 be paid out on recommendation of the board of management upon war¬ 
 rants signed by the president and secretary of the board of school 
 inspectors, or the body or board of officials, which governs or has charge 
 of the affairs of any such school district. 
 
 § 10. The treasurer of the district or of the board of school 
 inspectors or body or board of officials, which governs or has charge of 
 the affairs of any such school district, shall be ex officio the custodian of 
 the pension and retirement fund, and shall hold the same subject to the 
 control and direction of the board of school inspectors, or body or board 
 of officials, which governs or has charge of the affairs of any such school 
 district in accordance with the provisions of this Act. The said 
 treasurer shall keep his books and accounts concerning such fund in the 
 manner prescribed by the board of school inspectors, or the body or 
 board of officials, which governs or has charge of the affairs of any such 
 school district and his books and accounts shall be subject to the inspec¬ 
 tion of the board of school inspectors, or the body or board of officials, 
 which governs or has charge of the affairs of any such school district, or 
 any member thereof or the board of management or any member thereof. 
 The treasurer shall be liable on his official bond for the proper perform¬ 
 ance of his duties and the conservation of the fund created by this Act, 
 and such treasurers^ bonds in all districts where this Act may be in force 
 shall be so conditioned as to cover the liability for such fund. Any 
 legal proceedings which may be necessary for the enforcement of the 
 provisions of this Act shall be brought by and in the name of the board 
 of school inspectors, or the body or board of officials, which governs or 
 has charge of the affairs of any such school district, for the use of the 
 pension and retirement fund. 
 
 If at any time a teacher who is willing to continue as a teacher in 
 the schools of said district is not re-employed as such or is discharged as 
 such before the time at which he or she would be entitled to a pension 
 under the provisions of this Act, then to such teacher shall be refunded 
 the money he or she may have contributed to said fund. Any teacher 
 who shall retire voluntarily from the service of said district prior to 
 entering the fourth class above defined shall receive a refund of one-half 
 the money he or she shall have theretofore contributed to such fund. 
 
 § 11. All persons who shall be employed as teachers by the board 
 of school inspectors, or the body or board of officials which governs, or 
 has charge of the affairs of any such school district, shall accept the pro¬ 
 visions of this Act by such accepting or continuing in such employment; 
 and thereupon become liable as contributors to the pension and retire¬ 
 ment fund in accordance with the terms thereof. And the provisions of 
 this Act shall become a part of and enter into any such contract of em- 
 
138 
 
 ployment as fully as though the same were specifically set forth iu said 
 contract of employment. 
 
 § 12. All pensions, or annuities, granted under the provisions of 
 this Act and every portion thereof, shall be exempt from attachment or 
 garnishment process and shall not be seized, taken, subjected to, detained 
 or levied upon by virtue of any execution, or any process or proceedings 
 whatsoever issued out of or by any court for the payment or satisfaction 
 in whole or in part of any debt, claim, damage, demand or judgment 
 against any pensioner or annuitant hereunder, and no annuitant or 
 pensioner shall have the right to transfer or assign his or her pension 
 or annuity or any part thereof either by way or mortgage or otherwise. 
 
 § 13. The said treasurer shall not be entitled to retain any interest 
 accruing from any pension and retirement fund, but all such interest 
 earned thereon shall be covered into such fund, become a part thereof, 
 and be subject to the purposes of this Act. The treasurer shall also set 
 aside annually and place in such fund all interest accruing from the 
 district funds of the district (whether levied for educational or building 
 purposes) and as well all interest earned by money coming from the 
 investment of the proceeds of the sales of an}^ school lands of said 
 district. 
 
 § 14. If any school district where there is not sufficient revenue 
 from interest and contributions to maintain a teachers’ pension fund 
 under the foregoing provisions hereof, such school district may, by a 
 majority vote of its electors at an election for such purpose, establish a 
 fund for the retirement of teachers who are over fifty years old, and 
 who have faithfully served such district for twenty-five years. The fund 
 shall be derived from such revenues as may lawfully be devoted to the 
 said purpose by the directors of a district, or by direct appropriation by 
 a town. The amount of the annual pension allowed to any person under 
 the provisions of this section, shall not exceed one-half the annual 
 compensation received by such person at the time of the retirement of 
 such person, in no case, however, shall the same exceed four hundred 
 dollars ($400) per annum. 
 
 § 15. If the board of school inspectors, or governing board of 
 any such school district that may be within the terms of this Act, 
 heretofore and subsequent to July 1, 1911, sought to establish and main¬ 
 tain a teachers’ pension and retirement fund, without legal authority 
 so to do, all Acts done with reference thereto are hereby validated, and 
 shall be given the same force and effect in law and equity, as if they 
 had been done under this Act. 
 
 § 16. The proyisions of this Act shall apply to the Board of School 
 Inspectors of the city of Peoria, and to all other boards of directors, 
 boards of education and boards of school inspectors, in districts within 
 the limits of population above fixed, that exist under and by virtue of 
 any special school charter heretofore granted to any such district b}^ the 
 said State of Illinois. 
 
 § 17. The word ^Teachers” shall be held to include all teachers, 
 superintendents, assistant teachers and school principals, who ma}" be 
 employed in the public schools of a district. 
 
 § 18. If any school district organized under any special Act of the 
 General Assembly shall create a teacher’s pension and retirement fund. 
 
139 
 
 under the provisions of this Act, and shall thereafter cease to exist under 
 such special Act, and shall operate under the general school laws, then 
 in such event, the said fund shall be continued, maintained and adminis¬ 
 tered under such general law by the proper officers of said district, and 
 all persons holding any part of said fund or records relating to it, shall 
 deliver the same to the proper officers of said new, or reorganized school 
 district; and all the rights of all persons in and to said fund, shall be 
 continued, and as well all the liabilities of all persons toward such fund 
 shall continue as fully as though such original school district had been 
 operating under the general school laws, rather tham a special Act or 
 charter, at the time such fund was created. 
 
 Approved June 27, 1913. 
 
 Wage Loan Corporations—Incorporation 
 
 An Act to prowido for the incorporation, management and regulation of 
 wage loan corporations and to allow the loaning of money by sudh 
 corporations secured by assignment of wages, and limiting the rate 
 of compensation to be paid. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That corporations may be organ¬ 
 ized under and by virtue of this Act in the same manner as corporations 
 for pecuniary profit under and by virtue of ^^An Act concerning corpora¬ 
 tions,^^ approved April 18, 1872, in force July 1, 1872, as amended, 
 except as otherwise herein provided. 
 
 § 2. Corporations with a capital of not less than $25,000 may be 
 organized under the provisions of this Act in all cities for the purpose 
 of loaning money on wage assignments, but in no case shall the amount 
 loaned to any one person exceed the sum of $250.00. 
 
 § 3. Corporations organized under this Act shall be authorized to 
 borrow money, not exceeding in the aggregate the amount of the capital 
 stock: Provided, however, no such corporation shall have any banking 
 power, whether of issue, deposit or discount, and shall not receive 
 deposits of money nor loan money except as provided in this Act. 
 
 § 4. Such corporations may loan money and take and hold as 
 security for the payment of the same an assignment of the wages of the 
 borrower, and may charge and collect not to exceed three (3) per cent 
 per month as interest or compensation for the use of such money. 
 Besides the interest charge hereinbefore specified, no further or other 
 charges for any services, or upon any pretext whatsoever by deductions 
 in advance or otherwise, shall be asked, charged or in any way received, 
 where the same would in any way operate to make a greater charge for 
 the use of the money loaned than the aforesaid rate; and where made, 
 any such additional charges shall be taken and held to be so much 
 added interest. 
 
 § 5. No contract of any kind-or nature made under the provisions 
 set forth in this Act, or in any way involving any security given to 
 secure the performance of such a contract, shall be valid or of any force, 
 virtue or effect, either at law or in equity, and all right or claim to or 
 
140 
 
 involving principal, interest and security, shall be absolutely forfeited, 
 if there is therein or thereon directly or indirectly charged, accepted or 
 contracted to be paid or received, either in money, goods, discount or 
 thing in action, or in any other way, a greater benefit, compensation, 
 rate of discount or interest, or fee than the rate specified in section 4 
 hereof; and if a greater benefit, compensation, rate of discount or 
 interest is directly advanced or paid upon any such contract made as 
 aforesaid by such corporation, the excess above the said rate specified in 
 section 4 hereof so advanced or paid, may be demanded and recovered 
 by the person who advanced or paid the same, his legal representatives 
 or assigns, from the person or corporation, or their surety or sureties, 
 either to whom or for whose use or benefit such payment or advance or 
 any part thereof was made. 
 
 § 6. All notes, the pa 3 Qnent of which is secured by wage assign¬ 
 ments shall state upon their face that they are so secured, and when 
 assigned by the payee therein named, shall be subject to all defenses, 
 existing between the payee and the payor of said notes the same as if 
 said notes were held by the payee therein named, and any wage assign¬ 
 ment securing notes which do not state upon their face to the fact of 
 such security shall be absolutely void. 
 
 § 7. The said corporation shall keep a correct account of all 
 money loaned, the date of maturity of each loan, the rate charged, and 
 the name and address of the borrower; and shall give to each borrower 
 a true, legible and complete copy of each and every paper signed by him 
 in connection with the loan, together with a statement of all charges 
 made for said loan, the date of the note or other paper evidencing the 
 loan and the date of its maturity. A receipt, plainty showing the 
 amount paid by the borrower and the date of payment shall be given 
 him whenever he makes any payment of principal or interest on his 
 loan. 
 
 § 8. Xo corporation organized under this Act shall enter upon or 
 carry on the business of loaning money upon wage assignments until it 
 shall have filed in the office of the county clerk of the county in which 
 it' is carrying on such business, or has its principal office, a bond in the 
 penal sum of $5,000, executed by such corporation, as principal and 
 with surety or sureties approved by the county judge of such county; 
 which bond shall run to the People of the State of Illinois for the use 
 of any person or persons who may have cause of action against the 
 obligor of said bond under the provisions of this Act, and shall be con¬ 
 ditioned that the said obligor will conform to and abide by each and 
 every provision of this Act and will pay to any such person or persons 
 having a cause of action any and all moneys that would be due such per¬ 
 son or persons from the said obligor under and by virtue of the pro¬ 
 visions of this x4ct. Such bond shall be renewed every two years or 
 oftener, whenever on a proper showing being made the same, in the 
 opinion of the county judge, shall appear to be insecure or otherwise 
 doubtful, and upon failure of the obligor in such bond to comply with 
 the order of such count}^ ji-'idge relative to the renewal of such bond, 
 such corporation shall within thirty (30) days after the entry of such 
 order discontinue the carrying on of business under this Act. Any 
 wilful violation of this Act by any corporation organized under it, by 
 
141 
 
 which any person shall suffer or sustain loss or damage shall forfeit its 
 right to do business, and the Attorney General of the State shall take 
 the necessary legal measures to wind up and discontinue its business. 
 Any director, officer or employee of any corporation organized under this 
 Act, who shall charge, take or collect or receive compensation or 
 interest on a loan beyond or in excess of the charges herein fixed, shall 
 be deemed guilty of a misdemeanor, and on conviction shall be fined not 
 to exceed one hundred dollars ($100), or be imprisoned in the county 
 jail for not more than six (6) months, or both, for each offense. 
 
 § 9. No corporation organized under this Act shall do business 
 in any other county than the one in which its principal office is located. 
 
 § 10. Any corporation organized under this Act may out of the 
 profits realized out of its business, declare and pay to its stockholders 
 an annual dividend of not to exceed six per cent (6) on its capital stock. 
 
 § 11. The Governor of this State and the mayor of the city in 
 which the principal office of said corporation shall be located shall each 
 appoint one director, who shall not be a stockholder or employee of 
 such corporation, whose term of office shall be two (2) years, unless 
 sooner removed by the Governor or mayor who made the appointment, 
 and said directors shall have the same power and authority as the other 
 directors of the corporation. The number of directors of any such 
 corporation shall not exceed nine. 
 
 § 12. The president and directors of every corporation organized 
 under this Act shall, annually in the month of January, file with the 
 Auditor of Public Accounts of the State a full report of the business of 
 the corporation for the previous year, expiring December 31, and shall 
 give the names and the amount of shares of capital stock held by each 
 stockholder of the corporation on the said date, which said statement 
 shall be verified by the president and attested by the secretary. The 
 Auditor of Public Accounts shall exercise all powers of examination and 
 supervision of any corporation organized under this Act which he now 
 exercises over trust companies under the Act for regulating the adminis¬ 
 tration of trusts by trust companies, approved June 15, 1887, in force 
 July 1, 1887, and the fees prescribed to be paid by said Act shall apply 
 to any corporation organized under this Act. 
 
 § 13. Directors appointed by the Governor and the mayor shall, 
 under oath, report to the Governor of the State any violations of any 
 one of the provisions of this Act by the said corporations, or any of its 
 officers or employees. 
 
 Approved June 20, 1913. 
 
 Wash Eooms in Certain Employments 
 
 An Act to provide for wash rooms in certain employments to protect 
 the health of employees and secure public comfort. 
 
 Section 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly: That every owner or operator of 
 a coal mine, steel mill, foundry, machine shop, or other like business in 
 which employees become covered with grease, smoke, dust, grime and 
 perspiration to such extent that to remain in such condition after leaving 
 
142 
 
 their work without washing and- cleansing their bodies and changing 
 their clothing, will endanger their health or make their condition 
 offensive to the public, shall provide and maintain a suitable and sani¬ 
 tary wash room at a convenient place in or adjacent to such mine, mill, 
 foundry, shop or other place of employment for the use of such 
 employees. 
 
 § 2. Such wash room shall be so arranged that employees may 
 change their clothing therein, and shall be sufficient for the number of 
 employees engaged regularly in such employment; shall be provided 
 with lockers in which employees may keep their clothing; shall be pro¬ 
 vided with hot and cold water and with sufficient and suitable places 
 and means for using the same; and during cold weather, shall be suffi¬ 
 ciently heated. 
 
 § 3.- It shall be the duty of the State and county mine inspectors, 
 factory inspectors and other inspectors required to inspect places and 
 kinds of business required by this Act to be provided with wash rooms, 
 to inspect such wash rooms and report to the owner or operator, the 
 sanitary and physical condition thereof in writing, and make recom¬ 
 mendations as to such improvements or changes as may appear to be 
 necessary for compliance with the provisions of this Act. 
 
 § 4. Any owner or employer who shall fail or refuse to comply 
 with the provisions of this Act shall be deemed guilty of a misdemeanor, 
 and, upon conviction thereof, shall be fined not more than one hundred 
 dollars. 
 
 § 5. Any owner or employer who shall be convicted of a violation 
 of the provisions of this Act shall be subject to a conviction for succeed¬ 
 ing offenses for each and every day he shall neglect or refuse to comply 
 herewith. 
 
 Approved June 26, 1913. 
 
 WoMAN^s Suffrage Law of 1913 
 
 § 1. What officers and propositions in State, § 3. Separate ballotlboxes and ballots—canvass 
 cities, ^villages and towns. —registration. 
 
 § 2. What township officers, etc. 
 
 (Senate Bill 63. Approved June 26, 1913.) 
 
 Ax Act granting women the right to vote for presidential electors and 
 certain other officers, and to participate and vote in certain matters 
 and elections. 
 
 Section 1. Be it enacted Toy the People of the State of Illinois, 
 represented in the General Assembly: That all women, citizens of the 
 United States, above the age of 21 years, having resided in the State 
 one year, in the county ninety days, and in the election district thirty 
 days next preceding any election therein, shall be allowed to vote at 
 such election for presidential electors, member of the State Board of 
 Equalization, clerk of the Appellate Court, county collector, county 
 surveyor, members of board of assessors, members of board of review. 
 
143 
 
 sanitary district trustees, and for all officers of cities, villages and towns 
 (except police magistrates), and upon all questions or propositions 
 submitted to a vote of the electors of such municipalities pr other 
 political divisions of this State. 
 
 § 2. All such women may also vote for the following township 
 officers: supervisors, town clerk, assessor, collector and highway com¬ 
 missioner, and may also participate and vote in all annual and special 
 town meetings in the township in which such election district shall be. 
 
 § 3. Separate ballot boxes and ballots shall be provided for women 
 which ballots shall contain the names of the candidates for such offices 
 which are to be voted for and the special questions submitted as afore¬ 
 said, and the ballots cast by women shall be canvassed with the other 
 ballots cast for such officers and on such questions. At any such elec¬ 
 tion where registration is required, women shall register in the same 
 manner as male voters. 
 
 Approved June 26, 1913. 
 
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 V