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    "judges": [],
    "parties": [
      "People of the State of Illinois ex rel. James Padula et al., Appellants, v. Edward J. Hughes, Secretary of State of the State of Illinois, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\nThis case presents the question whether a labor union may be incorporated under the Not-For-Profit Act of Illinois, as amended July 9,1937. Ill. Rev. Stat. 1937, ch. 32, par. 158, sec. 29 [Jones Ill. Stats. Ann. 32.251],\nThe plaintiffs filed with Edward J. Hughes, secretary of State, a petition for a corporate charter under the Not-For-Profit Act, stating that the name of the proposed corporation was the Allied Federation of Labor, the object of which was \u201cto organize and maintain a labor organization, to aid and assist workers, to bargain collectively through representatives of their own choosing and to organize concerted action for collective bargaining for the protection of the working classes, and to deal with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. \u2019 \u2019 The proper fee was tendered and demand made for the issuance of a certificate of incorporation. The secretary of State declined, giving as his reason that the Not-For-Profit Act, as amended by the recent general assembly, \u20181 did not provide for the organization of labor unions. \u2019 \u2019\nPlaintiffs filed in the circuit court a petition requesting that the writ of mandamus be issued to compel the secretary of State to accept the application and to issue a certificate of incorporation; upon hearing in the circuit court this was denied and the petition for the writ was dismissed, the order of dismissal specifically finding that any organization whose central purpose is that of a labor union or labor organization may not be incorporated under the Not-For-Profit Act. Plaintiffs appeal from this order.\nPrior to July 9, 1937, any corporation formed for any lawful purpose could be incorporated under the Not-For-Profit Act. That act provided that \u2018 \u2018 Societies, corporations and associations (not for pecuniary profit) may be formed. . . . \u201d But effective July 9, 1937, the legislature amended this act by inserting after the words \u201cSocieties . . . (not for pecuniary profit)\u201d the words \u2014 \u201cfor civic, educational, patriotic, agricultural, horticultural, soil, crop, livestock and poultry improvement, electrification on a co-operative basis, ownership of residential property on a co-operative basis, pleasure, social, athletic, political, benevolent, charitable, eleemosynary, research, or other similar purposes and commercial, industrial or trade associations may be organized, without pecuniary profit to the members thereof, as hereinafter provided. \u2019 \u2019\nThe brief for the defendant says that the question of incorporation of labor unions had been a subject of much controversy and dispute, and manifestly the legislature intended by this amendment not to permit incorporation of societies, corporations and associations not for pecuniary profit other than those enumerated in the amendment of 1937. The argument is that the terms \u201clabor union,\u201d \u201ctrade union\u201d and \u201clabor organizations\u201d have been terms consistently used whenever courts or legislatures desired to refer to labor unions, and that by omitting such terms in the instant amendment the legislature manifestly intended to exclude such organizations from the operation of the statute.\nThis brief itemizes a number of .instances in the statutes dealing with labor unions. Ill. Rev. Stat. 1937, ch. 48, par. 2b; ch. 38, par. 243; ch. 48, par. 223 (c) (2) ch. 73, sec. 842 (2) (c); and ch. 10, par. 27 [Jones Ill. Stats. Ann. 45.004, 37.191, 45.134, 66.905, 109.027]. In these various acts labor organizations are invariably described either as \u201clabor organizations\u201d or \u201clabor unions.\u201d The argument is persuasive that the legislature, if it had not intended to exclude labor organizations from the Not-For-Profit Act, would have named them specifically as it did other types of organizations named in the amendment.\nIn the reported decisions of the courts labor organizations are uniformly referred to by the names \u201ctrade union\u201d and \u201clabor union.\u201d Clifford v. Hedrick, 159 Ill. App. 63; Beesley v. Chicago Journeymen Plumbers\u2019 Ass\u2019n, 44 Ill. App. 278, 285; Kemp v. Division No. 241, 255 Ill. 213, 220, 221, and a long list of similar cases.\nWhen the legislature in 1937, by amendment, withdrew from the act the words, \u201cany lawful purpose\u201d and in their place stated the specific ldnds of societies which might organize under the act, it clearly demonstrated that the legislature meant that it was only for such organizations stated in the amendment that incorporation would be permitted.\nPlaintiffs say that the words in the amendment permitting the organization of \u2018 \u2018 commercial, industrial or trade associations,\u201d include labor unions, and especially the words, \u201cindustrial or trade associations.\u201d These words have been defined in a number of cases as relating to manufacturers. Louisville & N. R. Co. v. Fulgham, 91 Ala. 555. In People v. Kelly, 255 N. Y. 396, the word \u2018 \u2018 trade \u2019 \u2019 is defined as \u2018 \u2018 commercial enterprises,\u201d and \u201cindustries\u201d as that branch of trade employing capital and labor. See also Carver Mercantile Co. v. Hulme, 7 Mont. 566; Chicago, R. I. & P. Ry. Co. v. State, 83 Okla. 161, 201 Pac. 260, 264; City of Rochester v. Rochester Girls\u2019 Home, 194 N. Y. S. 236, 237; May v. Sloan, 101 U. S. 231, 237.\nIn general use the words, \u201ctrade associations\u201d convey the meaning of an association of employers in the same trade. See \u201cHow to Deal with Organized Labor\u201d by Feller & Hurwitz, page 127. In State v. Krech, 10 Wash. 166, the question was whether the word \u201ctrade\u201d in a penal code forbidding the opening on Sunday of any shop for the purpose of \u201ctrade\u201d applied to a barber shop. The court held that the plain interpretation of the word was that it applied to shops, stores, etc., used for the purpose \u201cof trade in or sale of goods\u201d and not to a barber shop. Roach & Co. v. Harding, 348 Ill. 454, cited by plaintiffs, is not helpful. That case involved the collection of taxes levied on certain companies associated in certain agreements relating to insurance.\nWe do not rest -our conclusion upon dictionary definitions, but by omitting from the list of permitted organizations the simple, understandable words \u201clabor unions,\u201d it seems to us to have been the manifest intention of the legislature to exclude them.\nIt is the duty of the secretary of State to determine whether a group of persons seeking to incorporate comes within the permission of the statute, and while the ultimate decision rests with the courts in the first instance he must exercise his discretion in the matter. People ex rel. Hughes v. Universal Service, 365 Ill. 542; People v. Rose, 188 Ill. 268, 275; People v. Chicago Gas Trust Co., 130 Ill. 268.\nPlaintiffs argue that they are permitted to incorporate under the words in the act \u2014 \u201cother similar purposes. \u2019 \u2019 Labor unions are not similar to any of the things named in the amendment to the Not-For-Profit Act. It is only necessary to read the amendment to demonstrate this.\nThe writ of mandamus was properly denied and the order of the circuit court is affirmed.\nAffirmed.\nHatchett and O\u2019Connor, JJ., concur.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Joseph J. Berzin, of Chicago, for appellants.",
      "Otto Kerner, Attorney General, and Daniel D. Carmell, Assistant Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "People of the State of Illinois ex rel. James Padula et al., Appellants, v. Edward J. Hughes, Secretary of State of the State of Illinois, Appellee.\nGen. No. 40,131.\nOpinion filed October 10, 1938.\nJoseph J. Berzin, of Chicago, for appellants.\nOtto Kerner, Attorney General, and Daniel D. Carmell, Assistant Attorney General, for appellee."
  },
  "file_name": "0587-01",
  "first_page_order": 637,
  "last_page_order": 642
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