443

In the United States, most of the cases on the subject of exclusion of the general public are criminal prosecutions in which the constitutional guaranty of "public trial" has been in question. These cases disclose a marked difference of opinion as to whether, in the face of such guaranty, it lies within the power of the court to direct exclusion of the public on the ground of offense to public morality. In a number of jurisdictions, however, there exist statutory provisions permitting exclusion on this ground." Some of these statutes specifically extend to civil cases. But as civil proceedings are not governed by the same constitutional guaranty as criminal trials, it is easier here to support an inherent power of exclusion. Accordingly, "the courts seem to have considered that, in the absence of an express constitutional or statutory provision, a divorce case may be heard in camera. While there is no authority to that effect, the language of the courts construing statutes requiring that such a trial must be had in open court imply as much.' "445 Moreover, it has been held, as in England, that, where the cause involves a secret process, the usual course is to take the evidence in camera.446

ciple, considers that, as stated, it might lead to "an unlawful extension" (pp. 442-443). Lord Loreburn, on this point, seems to be in substantial agreement with Lord Haldane (p. 446). After the statement of this case in White, King and Stringer's "Annual Practice 1922" 582, it is added that: "Evans P. subsequently heard the evidence of a petitioner in a suit for divorce in camera on the ground that publicity prevented her from giving her evidence properly (Moosbrugger v. Moosbrugger 29 Times Rep. 658; see also Cleland v. Cleland 109 L. T. 744; Norman v. Matthews W. N. (1916) 78, 133; R. v. Gov. of Lewes Prison W. N. (1917) 91).”

443. See Wigmore "Evidence" III § 1835 note 1; notes to State v. Hensley 75 Ohio St. 255 in 9 L. R. A. (N. S.) 277, People v. Murray 89 Mich. 276 in 14 L. R. A. 809, State v. Nyhus 19 N. D. 326 in 27 L. R. A. (N. S.) 487, State v. Osborne 54 Ore. 289 in 20 Ann. Cas. 627, 632; Ruling Case Law VIII 76-77.

444. Wigmore loc. cit. note 2.

445. Note to Scott v. Scott supra in Ann. Cas. 1913 E. 614, 639, citing: Suesemilch v. Suesemilch 43 Ill. App. 573; Hobart v. Hobart 45 Ia. 501; Harkins v. Harkins (Ia.) 99 N. W. 154.

(446) Taylor Iron & Steel Co. v. Nichols 73 N. J. Eq. 684, 24 L. R. A. (N. S.) 933.

ABSTRACT OF LAWS ENACTED by the
FIFTY-THIRD ILLINOIS GENERAL

ASSEMBLY, 1923'

BY THEODORE SCHMIDT2

AGRICULTURE AND HORTICULTURE-Horticultural, Agricultural, Apiarian, Dairy and Other Farm Products: A new act in relation to inspection and standardization of agricultural products, farm, dairy, bee, viticultural, and horticultural, authorizing the Director of the Department of Agriculture to fix and promulgate standards for products and their containers. Appropriates $15,000. (Laws of 1923, page 1.)

Co-operative Marketing Act: See CORPORATIONS.

AMENDMENTS TO THE CONSTITUTION-Manner of Submission to Vote of People: Amends Sections 2 and 4 of 1877 Act. Provides that the General Assembly shall prepare and the Secretary of State shall publish in newspapers in each county a statement setting forth the existing constitutional provision, the proposed amendment, a brief explanation, and arguments for and against. Pamphlets are also to be distributed to the electors. (P. 5. See also Senate Joint Resolution No. 1, p. 632.)

AMERICAN LANGUAGE-Official Language of State: The official language of the State of Illinois shall be known hereafter as the "American" language. (P. 7. Query: What is the practical effect of this statute in view of Section 18 of the schedule of the Illinois constitution requiring all laws, official writings, and executive, legislative and judicial proceedings to be in the "English" language? See Stein v. Meyers 253 Ill. 199, 204. See also the Act of June 28, 1919, adding Section 276a to the School Law, which requires that instruction in elementary schools shall be in the "English" language.)

ANIMALS-Dogs: Adds Section 3a and amends Sections 2a, 2b, 3 and 4 of 1879 Act. Provides that owners of sheep or goats, cattle and horses or mules shall be paid from the county dog license fund not more than fifteen, fifty, and seventy-five dollars per head, re

1. Because of limitations of space only those laws believed to be of general interest and importance are included. For example, the statutes contained in the chapter on Appropriations, consisting of nearly 150 pages, are not of sufficient immediate importance to the profession and public at large to come within the scope of this compilation and are therefore omitted, with the exception of a few creating commissions and providing for a survey. The same may be said of statutes affecting tax rates, many validating statutes, amendments to local improvement and school laws, and certain others. Use has freely been made of the convenient Digest of Laws Enacted published by the Legislative Reference Bureau.

2. [Of the Chicago bar.]

spectively, for each animal killed or injured by dogs of insolvent persons. (P. 8.)

Tuberculosis among Domestic Cattle: Amends Section 6 and adds Section 6a to the Act of 1919. Provides that if the United States fails to appropriate or co-operate in the eradication of tuberculosis the state shall pay to the owner of cattle destroyed twothirds (instead of one-third) of the difference between the appraised value and the salvage. Maxima raised to fifty dollars for grade animal and one hundred dollars for pure animal. (P. 10.)

APPROPRIATIONS-Committee Relating to "Pittsburgh Plus” Practice: Creates committee of seven members to be appointed by the Governor with authority to prosecute legal actions, to co-operate with similar bodies of other states, and to inform public for purpose of protecting interests of state against the steel trade practice commonly known as "Pittsburgh Plus" and similar trade practices and bringing about their abolition. (P. 23.)

Deep Waterway Commission: Creates for two years commission of nine to be appointed by the Governor, to serve without compensation. Authorizes and directs the commission to investigate project to connect Great Lakes with Atlantic seaboard by way of the St. Lawrence River and to report to the Governor July, 1924, and to the Governor and the General Assembly January, 1925, with recommendations. (P. 25.)

Illinois Educational Commission: Creates Illinois educational commission of seven for two years. Authorizes and directs the commission to investigate the entire educational system of the state with a view to standardization, unification, and correlation of various efforts, policies, and agencies, and to establish such systems and methods as are in harmony with the educational requirements of the state and most advanced educational thought; to suggest revision of school laws. (P. 58.)

Salary Investigation Commission: Creates until convening of next General Assembly salary standardization commission of five, to investigate and report by October 1, 1924, to the Governor a plan for standardization of compensation for personal service of all state employees. (P. 84.)

Survey of Specially Handicapped Children: Department of Public Welfare to conduct survey within two years of number, location and types of specially handicapped children of school age in the state and to report findings and recommendations. (P. 151.)

ARCHITECTS-Examination: Amends Section 8 of Act of 1919. Provides that applicants for certificates of registration having less than ten years' proved architectural practice shall take written and verbal examinations; examinations of applicants with ten years' proved practice to be by exhibits of drawings and specifications supplemented by a verbal quiz. (P. 155.)

ATTACHMENTS-Writs: Adds Section 10a to Act of 1871. Authorizes issue of alias or pluries writs on application of plaintiff and filing additional affidavit and bond. (P. 156.)

AUDITOR OF PUBLIC ACCOUNTS-Statement of Indebtedness: Adds Sections 23 and 24 to 1873 Act. Requires Auditor to publish statement of indebtedness existing January 1st against state and each political subdivision, together with value of taxable property in each. (P. 157.)

BANKS Amendments to Banking Law: Amends Sections 2, 4, 5, 7, 8, 11, and 17 of 1919 Act. Provides that applications to organize banks must be signed by specified numbers of residents of the territory to be served, according to population. Specifies minimum capital stock of banks according to population. Requires each subscriber to capital stock to file with State Auditor affidavit that he owns property, not including said bank stock, of a market value equal to the par value of his bank stock. Act to be submitted to people at next general election. (P. 158.)

Corporate Powers: Amends Section 9 of 1919 Act. Provides that no bank shall establish or maintain more than one banking house or receive deposits or pay checks at any other place, or establish or maintain any branch bank, or additional office or agency for purpose of conducting any of its business. To be submitted to people at general election November 4, 1924. (P. 164.)

CANALS AND WATERWAYS-Lease of Illinois and Michigan Canal: Authorizes Department of Public Works and Buildings, with consent and approval of the Governor, to lease and utilize all or any portion of Illinois and Michigan Canal and its right of way no longer required for navigation between Joliet and Chicago River. Preference is to be given to leases for development of terminal facilities and interchange of freight between rail and water. Leases shall not exceed ninety-nine years and be subject to revaluation of property every twenty years. Rental to be net return of not less than six per cent of portion leased; lessee to pay taxes, if any. To be submitted to people at next general election. (P. 166.)

CEMETERIES-Transfers by Associations-Validation: Validates transfers and provisions for future transfers by cemeteries in trust for care, keeping in order, embellishing, or improvement of cemeteries, lots, or graves, if, though otherwise lawful, in violation of laws of mortmain or against perpetuities or accumulations. (P. 168.)

CHARITIES-Aid to Mothers and Children: Amends Sections 2 and 12 of 1913 Act. Provides that a woman whose husband, the father of her child or children under 16 years of age, has abandoned them and neglected to provide for them and has fled from Illinois. or secreted himself so that he cannot be prosecuted for wife or child abandonment in Illinois, such abandonment having been committed within Illinois, may file an application for relief under the Act. Provides that when a child has arrived at the age of 16 (instead of

14) years, any relief granted to the mother for such child shall cease. (P. 169.)

Dependent or Delinquent Children in Family Homes: Amends Section 1 of 1905 Act. Provides that associations incorporated for the purpose of caring for dependent, neglected, or delinquent children shall report quarterly to the Department of Public Welfare (instead of State Board of Public Charities) the name, age, and sex of each child placed in a home, and name and address of family with which child is placed. Judges, other public officials, and all other persons placing children in family homes are also required so to report. (P. 170.)

Home for World War Veterans: Establishes a home for the rehabilitation of World War veterans, vesting control and management in Department of Public Welfare. (P. 170.)

Illinois Charitable Eye and Ear Infirmary, Chicago: Name changed to Illinois Eye and Ear Infirmary. (P. 172.)

Non-Sectarian Hospitals: Adds Section la to 1919 Act. Provides that mayor, with approval of city council, may authorize payment of funds in city treasury derived from annual hospital tax, after three or more years, to any non-sectarian public hospital in the city if city has not established or maintained a hospital in accordance with the Act. The management of such hospital shall render a semi-annual report to the city council of the expenditure of such funds. (P. 172.)

Rehabilitation of Injured Persons: Amends Sections 3, 4 and 8 and adds Section 12 to 1921 Act. Defines terms "persons disabled" and "rehabilitation." Authorizes Board of Vocational Education to prescribe and supervise (instead of prescribe and provide) courses in vocational training, and to co-operate with state and local school authorities engaged in vocational education and rehabilitation. Board may appoint necessary assistants without reference to civil service law. (P. 173.)

Relief of the Blind: Amends Section 2 of 1903 Act, increasing benefit to $250 (instead of $150) a year. (P. 174.)

Relief of Indigent War Veterans: Amends 1907 Act so as to include veterans of Foreign Wars and United Spanish War veterans. (P. 175.)

Treatment of Neglected and Delinquent Children: Amends Section 7 of 1907 Act. When a neglected child is committed to an accredited association, court may enter an order upon the county to pay to the association such money as is necessary for tuition, maintenance, and care of child, provided the child is unemployed, and a resident of county. (P. 180.)

CITIES AND VILLAGES-Annexing and Excluding Territory: Adds Section 9a to 1872 Act. Provides that territory lying along boundary line between two cities not in possession of private persons or corporations may be excluded from one and annexed to the other by means of ordinance adopted by the respective cities. (P. 182.)