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the governor. Perhaps the governor is of the States was left to the exigencies of the time, or the judgment rights school, and stands upon the doctrine that State of the co-conspirators or any one of them. officers should not be required to execute Federal laws. To establish the conspiracy, it is not necessary to
Two acts in regard to mines make careful provis prove that the parties even came together, or entered ion for escapement-shafts, ventilation, hoist-ways, into any arrangement, it is sufficient, if it appears that timber props, and for the weigbing of coal at the the parties charged were actually pursuing in concert mines.
the unlawful purpose, whether acting separately or Book-making, that is keeping a book in which bets together, at the same or different times, by the same are registered, as well as pool selling, is prohibited. The or different means, provided the acts of each were penalty is a fine not exceeding $2,000, or imprisonment | knowingly tending to the same result. in the county jail, not exceeding one year, or both.
Another act probibits the manufacture of dynamite The abandonment of a child by its parents, or other or other explosive compounds within one mile of an person having legal control thereof, is punished by a inhabited dwelling; such manufacture carried on any fine not exceeding $1,000, or imprisonment in the where in the State without permit is forbidden; if penitentiary not exceeding three years.
auy person shall manufacture dynamite or other exThe sale of tobacco in any form to minors under plosive compound with the intent that the same may sixteen years of age is inade a misdemeanor.
be used for any unlawful injury to, or destruction of Dealing in future contracts for stocks, bonds, petro life or property, he is declared guilty of a felony, and leum, cotton, grain, provisions or other produce, where on conviction shall be imprisoned in the penitentiary there is no intention to deliver the property sold, is for not less than five, nor more than twenty-five years. made a misdemeanor, and it is unlawful to keep a So any person aiding or assisting in such manufac
ture, or in buying, selling, storing, transporting, producting such business.
curing or disposing of dynamite or other explosive To entice or induce a chaste unmarried female by compound, either by furnishing the materials, ingredifalse pretences, to enter a house of prostitution, or ents, meaus, skill, or labor, or by acting as agent or in improper dance-house, or garden, is a felony, punish- any manner acting as accessary before the fact, having able by imprisonment in the penitentiary for not less reason to believe that the same is intended to be used than one mor more than ten years.
for the unlawful injury to or destruction of life or The riot act has been perfected, and definite regula property, shall be deemed a principal, and shall be tions have been made for the government of the subject to similar punishment. inilitary forces of the State, and of the posse comitatus Indiana: The Legislature of the State of Indiana is when called out by the proper officials to quell a riot. entitled to great praise, for it has passed but thirtyThe conspiracy law has been revised and amended, eight acts, public and private, which are compressed and an additional act passed on that subject. This into sixty-two pages of printed matter. The only noteadditional act provides that if two or more persons | worthy act passed by this State is that requiring corshall conspire to do an unlawful act, dangerous in its porations engaged in mining coal, ore, or other mineral, character to human life, or person, or property, or if or in manufacturing any article of merchandise, to its accomplishment will probably require the use of pay each employee at least once every two weeks in violence, which may result in the taking of human cash. Payınent of wages in checks,cards or other paper life, or injury to person, or property, every party to which is not a bank check, or commercial paper paysuch conspiracy shall be held criminally liable for able in bank at a fixed time, is prohibited, and it is whatever offense any one or more of his co-conspirators made a misdemeanor to sell supplies or merchandise shall commit, in furtherance of the common design. to the employee at a higher price than such corpora
It further enacts, that if any person shall by speak tions, firms or persons sell to others for cash. ing to any public or private assemblage of people, or Kansas : The Legislature of Kansas has passed an by writing or printing, or causing to be written, or amendatory act, to carry into effect the constitutional published any written or printed matter, advise, incite, provision prohibiting the sale of intoxicating liquors, aid or abet a local revolution, or overthrow of the except for medical, scientific and mechanical purposes; existing order of society by violence or the resistance it is especially aimed at druggists, and prescribes to and destruction of the lawful power and authority stringent regulations to prevent them from evading of the legal authorities of the State, or of any city, the probibitory law, and it coutains a clause providing town or county, by force or violence, or shall by any for the cancellation of a druggist's permit by the proof the means aforesaid, incite, aid or abet the distur bate judge, on a petition sigued by twenty-five repubance of the public peace, and by such disturbance, table men and twenty-five reputable women, residing attempt at revolution, or resistance to such author in the township, city or ward in which the business of ities, shall thereafter ensue and human life is taken, or the druggist is carried on, coniplaining that he has not any person is injured or any property destroyed by any in good faith conformed to the provisions of the act. person, or by any of the means employed to carry into Another act confers on women the right to vote at effect the purpose so advised, incited or abetted, every municipal elections, and makes them eligible to any person so advising, inciting, aiding or abetting, shall city or school office. For the purpose of encouraging be deemed as having conspired with the person who the manufacture of sugar from beets, sorghum or other actually commits the crime, and shall be punished as sugar-yielding canes or plants grown in the State, a prea principal, and it shall not be necessary for the prose mium of two cents per pound is paid, provided the cution to show that the speaking was heard, or the amount thereof in any one year shall not exceed $15,000. written or printed matter was read by, or communica The law in regard to rape has been amended, so as to ted to the person actually committing the crime, in raise the age of consent to eighteen years. Solicitude such speaking, writing or priuting, is shown to have as to this crime has occasioned legislation this year in been done in a public manner.
several States. In Ohio, Illinois, Wisconsin, ConAnother section provides, that where a crime is com- necticut and Vermont, the age of consent has been mitted uuder the circumstances above mentioned, | raised to fourteen years, and in Pennsylvania, Michi. each conspirator shall be punished as a principal, gan and New Jersey to sixtoen, and in Nebraska to notwithstanding the time aud place for bringing about fifteen years. Kansas also passed an act to enforce the revolution or overthrow of public order, had not the payment in cash of wages due for labor; this act been defiuitely agreed upon by the conspirators, but prohibits the issue to employees of tiokets or tokeus, or the.use of any means to coerce them to purchase By this act the Legislature intended to prevent an supplies or goods from any particular person, firm, or irruption from the tropics of a number of persons, corporation.
some of them no doubt charlatans, who proposed to Louisiana: A Sunday law has been passed in Louis inoculate the people with yellow fever or cholera iana, closing all places of business on Sunday, but the germs. One man proposed to introduce into the city of provisions of the act do not apply to newspaper or | New Orleans yellow fever microbes, sufficient to inprinting offices, book stores, drug stores, undertaker oculate ten thousaud persons; it was apprehended he shops, public or private markets, bakeries, dairies, might in this way produce a yellow fever epidemio. livery-stables, railroads, hotels, boarding houses, Maine: The status of children born out of marriage steamboats and other vessels, warehouses for receiving has been very much modified in the State of Maine. and forwarding freights, restaurants, telegraph offices, Sir William Blackstone's defense of the common law theatres or any place of amusement, provided no in doctrine no longer satisfies tbe legislators of Maine, toxicating liquors are sold on the premises. The sale who have lost all respect for the statute of Merton, and on Sunday of alcoholic, vinous or malt liquors, is abso for the barons and nobles of Henry III, who refused lutely prohibited, except wine for table use in hotels. to adapt the law of England to that of the church. The employment of women and children has been The people of Maine, it seems, do not fancy the idea regulated; no boy under twelve and no girl under of having a nullius filius in their midst; they have fourteen years of age can be employed in a factory, gone as far as they well could in providing every child workshop, or work-house, no child under fourteen with a father. The statute enacts that an illegitimate years of age can be employed in certain enumerated child is the heir of his parents who intermarry. Any occupations, unless the child has attended school at such child is the heir of his mother; he is also the heir least four months next preceding the employment; a of his father if adopted into his family, or acknowlday's work for young persons under eighteen years of edged in writing before a justice of the peace or notary age, and for women in a factory, or workshop, or public; and in either of the foregoing cases, such clothing, dress-making, or millinery establishment, is | child and its issue shall inherit from its parents, reten hours, one of which is to be allowed for dinner. spectively, and from their lineal and collateral kinA day's labor on street railroads is fixed at twelve con dred, and these from the child and its issue, the same secutive hours, with reasonable intervals for meals. as if legitimate. This statute is subject to criticism, Employers are required to furnish seats for their in as much as it makes no distinction between adulfemale employees, to be used by them when not neces terous bastards, and natural children the issue of sarily engaged in active duty. The prospective obliga parents, who at the time of conception might have tion of a surety on an official bond terminates six contracted marriage. The civil law does not tolerate months after his death, the officer being required to the legitimation or acknowledgmeut of natural chilfurnish a new surety, otherwise his office is vacated as dren born of an adulterous connection; nor does it so in case of resignation. Such surety may also after the incorporate into the family a natural child not legitilapse of one year from the execution of the bond mated by marriage, as to impart to it legitimate withdraw therefrom on giving the principal thirty heritable blood, and thus entitle it to inberit from day's notice to furnish a new bond; failure of the officer legitimate collaterals and entitle legitimate collaterals to give a new bond within the time specified, operates to inberit from it. as a resignation of the office.
An act has been passed to compel the atteudance at Privileges or liens of creditors ou crops are rauked school of children betweeu the ages of eight and fifas follows: First the laborer, second the lessor, third teen years of age, for at least sixteen weeks in each the manager, fourth the pledge, fifth the furnisher of year; truant officers are appointed to enforce the law, supplies or money, and the physician.
and a boy between ten and fifteen years of age found In any civil suit wherein the writ of arrest, attach waudering about the streets in school hours is to be ment, sequestration, provisional seizure or injunction committed to the State reform school, unless his parmay be issued, the defeudant may by reconversion or ents or guardian give pledges satisfactory to the truant counter-claim, recover the damages he may have sus officer that he will attend school as required by law. tained by the illegal resort to such writ.
A bureau of industrial labor statistics has been estabThe defendant is made a competent witness in crimi. lished, and the employment of labor has been regnal cases, but he cannot be compelled to testify. The ulated. No woman, nor a female minor under eighallowance of any rebate by insurance companies is teen, nor a male under sixteen years of age, can be prohibited; the net premium must be expressed in the employed to work in any manufacturing or mechanpolicy.
ical establishment for more than teu hours a day. The The sale of commercial fertilizers has been regulated; parties may contract for the forfeiture of a week's such fertilizers cannot be sold until the dealer has wages in case the employer discharges the employee filed with the commissioner of agriculture a statement without a week's previous notice of his intention, or setting forth the name and brand of the fertilizer; the in case the employee quits work without similar nonumber of pounds contained in the package; the | tice; no cbild under fifteen years of age can be emname of the manufacturer and the place of manufac | ployed to work in such establishinents, except during ture, and the character of the ingredients whicb he is vacation of the public schools, unless during the year willing to guarantee the fertilizer contains; this state next preceding the employment it has attended for ment is declared to be a guaranty to every purchaser. sixteen weeks some public or private school, eight
The sale of oleomargarine or of any other substance weeks of which to be continuous. than the product of the cow as butter is prohibited. An act has been passed which provides tbat any
It is made uplawful to introduce into the State any court may exclude minors as spectators from the court substance which in the opinion of the board of health room during the trial of any case, civil or criminal, may produce a liability to contagion or infection of when their presence is not necessary as witnesses or any disease among the people, whether the same shall parties. be in the form of bacteria germs, microbes, virus Another act provides, that after twenty years from (vaccine virus excepted), or any other substances, the death of any person no probate of his will or adclaimed to contain the elements of any infectious or ministration of his estate shall be originally granted, contagious dlsease, whether introduced for the pur unless it appears there are moneys due to the estate pose of inoculation or otherwise, without permission | from the United States or the State of Maine. The of the board of health.
act does not apply to foreigu wills previously probated
in another State or county; political nominatiug con the employee, knowing of the defect or negligence ventions and primary meetings are protected from causing the injury, failed within a reasonable time to disturbance and fraud; the sale of commercial fertil | inform his employer, or superior thereof. A certain izers has been regulated. Imprisonment for debt has set-off is allowed when the employer has contributed been abolished, except in case of fraud, but the cred. to an insurance fund from which the employee has itor is authorized on petition to a magistrate to exam- benefited. This act does not apply to domestic serine the debtor, and compel him to make disclosure of vants or farm laborers. auy property he may have, which is liable to seizure; Acts in reference to labor and capital are numerous, the machinery to accomplish this result is well devised. and in their general nature are as follows:
The death penalty which was incorporated into the An act to procure sanitary provisions in factories penal law of the State in 1883 has been abolished, but and workshops. & convict sentenced to imprisonment for life, for an An act against the employment in factories of chiloffeuse which was formerly capital, cannot obtain a dren under the age of fourteen in the cleaning of mapardon or commutation of sentence, unless after due chinery in motion, or of any machinery in dangerous inquiry and after hearing evidence; the Supreme Ju- proximity thereto. dicial Court shall certify to the governor that in their An act to secure the proper ventilation of factories opinion, upon all the evidence, the convict is innocent, and workshops. or was wrongly convicted.
An act to secure uniform and proper meal-times for An act has been passed to establish boards of health children, young persons, and women employed in facin each city and town to protect the people from con tories and workshops and in an enumerated class of tagious diseases; it is very thorough, and is especially factories. aimed at scarlet fever, small-pox, diphtheria and ohol. An act respecting the employment of minors and era; also an act to extirpate contagious diseases among women in manufacturing and mechanical establishcattle.
ments, and regulating the number of hours of employMassachusetts: After next January all civil actions, ment, and limiting over-time employment in case of whether at law or in equity, except replevin, may be I stopping of machinery. brought in the same manner in wbich suits in equity An act to regulate fines for imperfect weaving, and now are, save that in such proceedings common-law an act to secure weekly payments of wages by corpopleadings, so far as practicable, are to apply.
rations. A change of venue in civil actions is permitted in Contracts for conviot labor have been prohibited, the Supreme Judicial or Superior Court, when there | and competition between such labor and free labor is appears to the judge danger of an unfair trial from practically forbidden. local prejudice or other cause.
For two hours after the opening of the polls, no perSuperior Court judges over seventy, who have served son entitled to vote in a national or State election, ten years, may retire upon balf salary.
and asking for absence, is to be employed in any meWhen real estate is subject to conditions or restric chanical or mercantile establishmeut, except such as tions unlimited as to time, such conditions or restric may conduct its business on Sunday. tions (except restrictions in a lease for a term of years A penalty is imposed on every owner or superintendcertain) are in future to be limited to the term of ent of a mechanical or mercantile establishment, who thirty years from the date of the instrument, or the directly or iudirectly employs therein, except durivg probate of the will creating the same; the act does the vacation of the public schools, a minor under the not apply to grants of the State, nor to gifts or devises age of fourteen who cannot read and write the Engfor public, charitable or religious purposes.
lish language, and upon every parent or guardian Warehousemen may sell property deposited with who permits such employment, also upon every person them, to obtain charges for storage when the charges directly or iudirectly employing a minor of fourteen are overdue one year, and the statuto notice of sale is who cannot read and write the English language, progiven.
vided such minor since the age of fourteen has resided A limited partnership, which succeeds to the bus for one year in a city or town in the State, wherein iness of a former firm, may use its name with the con- | public evening schools are maintained, and is not a sent of its members. A special partyer may withdraw member of a day or evening school. The last provissix per cent interest on his capital out of the profits, ion may be suspended by the school committee of the without liability to refund the same, if it does not im- place in which the minor resides, if they are satisfied pair the capital of the partnership. In case of a re that the labor of the minor is necessary to the support newal of a limited partnership, the amount contrib of the minor's family. Clubs distributing or selling uted by the special partner must be stated, and his | intoxicating liquors are made common nuisances, exoriginal capital if impaired must be made good. Non- cept in cities and towns where licenses are granted, compliance with the provisions of the law regulating when the licensing board in its discretion may grant a limited partnership subjects the members to the li- club license. abilities, and entitles them to the rigbts of general The sale of intoxicating liquors in time of riot, or partners. The employer is made liable to the em great publio excitement, may be prohibited by the ployee for any defect in his, the employer's, works, mayor of a city or selectmen of a town. Any license arising from negligence of the employee himself, or of under the statutes relating to intoxicating liquors is an employer charged with supervision; also for negli forfeited by a conviction for violation of any of such gence of any superintendent in the employer's employ; statutes. Implements and furniture used in the illeand for negligence of any employee in control of any gal sale of intoxicating liquors may be seized. Any signal, switch, locomotive, engine or train upon a rail- sign of whatever character designed to announce the road. The legal representative of the employee may keeping of intoxicating liquors for sale is to be prima recover in case of death, or in case of instantaneous facie evidence of such keeping. The maintaining of a death, the employee's widow, or if no widow, the next United States tax receipt as a dealer in intoxicating of kin, provided such next of kin were dependent on liquors, other than malt liquors, is to be prima facie the employee's wages for support.
evidence of keeping for sale. Damages are limited to $4,000, or in case of death, to Self-registering ballot-boxes are to be used in regis. $5,000. The employer cannot rid himself of liability tering ballots in voting on the question of liceuse in a for defects in his works by contracting with an inde- city or town. The sale of intoxicating liquors by retail pendent contractor. No recovery can be had where druggists and apothecaries is regulated and limited.
The Sunday law has been amended; ove is no longer A child under ten years of age is permitted to tessubject to a fine for being present "the evening next tify on a promise, instead of an oath, to tell the truth, preceding the Lord's day at a game, sport, play or | if the judge is satisfied that the child has sufficient inpublic diversion ” given without license. The number telligence and sense of obligation to tell the truth. of works, ranking as works of “necessity and charity," The Supreme Court is authorized at any time and in has been enlarged. Steam, gas and electricity may be any suit to call before it the parties or any witness to manufactured and distributed for purposes of light- testify orally in open court. ing, heat or motive power; water distributed for fire | No appeal is allowed from any order of the Probate or domestic purposes; the telegraph and telephone Court removing an executor, administrator, guardian used; drugs, medicines and surgical appliances sold; or trustee, for failure to give a new bond, or to render horses, carriages, yachts and boats let; steam ferry- an account in pursuance of law. boats on established routes and horse-cars run; news.
If any minor has property sufficient for his maintepapers printed and sold, milk delivered, and butter nance and education in a manner more expensive than and cheese made; public bath-houses kept open; aud
his father can reasonably afford, the Probate Court before ten in the morning and between four and half
may order the expenses of education and maintenance past six in the evening, bread and other food usually
to be paid out of the income or principal of the minor's dealt in by bakers, made and sold. The board of rail
property. rood commissioners may authorize the running of
Any person claiming title to land, whether in possuch steam-boat lines and trains as the public neces.
session or not, may institute suit against another persity or convenience requires. Travelling on the Lord's
son not in possession also claiming title and have the day. on errands other than those of necessity and char
controversy settled. The “actual damages” which ity, continues no longer subject to a fine of $10 for
may be recovered against a newspaper publisher, who ** each such offense;" children under thirteen years of
has published a libel in good faith, and on notice has age, unless accompanied by a person over twenty
retracted it, are damages which the plaintiff has sutone years of age, are not to be admitted to any licensed
fered “in respect to his property, business, trade, proplace of amusement.
fession or occupation, and vone other.” The insurance laws have been amended and codified
Lands devised to a person for life with power of apin an act of one hundred and twelve sections. A law
pointment by bill, or lands devised in trust without has been passed for the punishment of habitual crim
power of sale may be sold by decree of court; and the inals, which is similar to the statute of Connecticut
proceeds thereof invested, under the order of the respecting the punishment of incorrigible criminals;
court, aro treated as real property, and are subject to also a law for the punishment of unnatural and lasciv
the dispositions of the will as if no sale had been made. ions acts. Provision has been made for the suppres
In case of insolvency of any person or corporation, sion of contagious diseases among domestic animals,
all debts for labor have precedence over all debts and for the extirpation of pleuro-pneumonia in co-op
which had not become a lien on the property of the eration with the United States. Commissioners of
debtor prior to the performance of the labor. wrecks and shipwrecked goods have been created and their duties defined; the examination of railroad com.
The employment of males under fourteen years of
| age, and of females under sixteen years of age, for missioners once in two years has been ordered; and
more than nine hours a day, is prohibited. use of common stoves in passenger cars has been prohibited, as well as the use of any heater or furnace
To protect children from being educated in immo. not approved by the railroad commissioners; finally,
rality, the courts are authorized, after due inquiry, to the honorably discharged soldiers and sailors who
remove them from the custody of the persons having served in the army and navy of the United States
them in charge, and place them in some State instituduring the civil war are exempted from the operation
tion, or in the custody of some suitable person. The of the civil service act.
act applies only to children under fourteen years of Michigan: A law has been passed in Michigan mak
age, who are bound out, apprenticed, or given away ing it unlawful to celebrate a marriage without a li
by their parents, or either of them. cense, and providing for the registration of marriages.
| Any girl between the ages of ten and seventeen Divorce has been rendered more difficult by a law | years, and any boy between ten and sixteen years of which declares that no divorce shall be granted, unless
age, who runs away from school, or from the office, the marriage shall have been solemnized in the State,
shop, farm or other place where he or she is employed, or unless the complainant shall have resided therein
and is found lounging about saloons, bar-rooms, or in one year preceding the commencement of suit; if the
the public streets, or attending without permission cause for divorce occurred out of the State, the com
any public dance, skating-rink or show, may be arrested plainant must have resided in the State two years,
as a truant upon complaint made by the parents, or by and no testimony can be taken in a divorce suit until
a town or city officer, and sentenced to confinement in four months after the petition has been filed, except
the reform school, the boy until he is seventeen years where the cause of divorce is desertion, or the testi
old, and the girl until she attains the age of twentymony is taken to perpetuate it.
and one years. It is made the duty of the officer before whom the
The well-known oleomargarine law has been passed, witnesses are examined, to propound to each witness
also a law to prohibit the sale of unwholesomo milk, the following question: “Do you know any fact, mat
and of adulterated liquor. ter or circumstance which will in any way tend to All establishments where emery wheels or belts are weaken complainant's case for divorce?"
used are required to be provided with blowers, so arThe bill of complaint must set forth the names and ranged as to carry away the dust from the emery ages of all children of the marriage under fourteen
wheels while in operation. years of age; a copy of the subpæna must be served Prohibition of the sale of intoxicating liquors deupon the prosecuting attorney of the county where pends ou local option. A very severe act has been the suit is commenced, whose duty it is, when in his passed to protect from fraud primary elections and judgment the interest of the children, or the public political conventions. good, 80 requires, to introduce evidence and oppose No railroad company, whosa road has been conthe divorce; the court in granting the decree may pro- structed in whole or in part by public aid, or local subvide that the defendant shall not marry again within scription, is allowed to abandon any portion of its a specified time not to exceed two years.
| road, except upon the order of the Circuit Court of the county wherein lies the portion of the track pro ciple that the acts of such officers are valid when they posed to be abandoned.
concern the public, or the rights of third persons who After the 1st of November, 1888, passenger cars can have an interest in the act done. But it is said that this be heated by no method or device which is not ap | principle applies only where there is a de jure office proved by the railroad commissioner.
for a de facto oflicer to fill, citing the recent case of Norton v. Shelby Co., 118 U. S. 425, as so holding; and
it is insisted there was no de jure board of supervisors CONSTITUTIONAL LAW - DE FACTO OFF/
of Wayne county. Wherever township organization
prevails, there is in every county a board of supervisors CERS – ELECTION UNDER UNCONSTITU
for the transaction of the aflairs of the county. The TIONAL ACT - COUNTY SUPER
act iu question merely changed the number of the VISORS.
members of the board from fifteen to five, and the
mode of election from towus singly to two more towns SUPREME COURT OF ILLINOIS, JUNE, 20, 1887. unitedly, and the term of office. Nothing was added
to or taken from the powers or duties of the board. LEACH V. PEOPLE.
After the passage of the act there still remained the
board of supervisors of Wayne county, the official body A board of supervisors of a county, elected under an uncon
for the management of the county's affairs; and the stitutional act, the members of which perform the duties
persons elected as members, under the act, went on of the office, and who are publicly conceded and sup
under the sanction of the statute, and exercised the posed to be the legal supervisors, is the board of supervi
powers and duties of the board of supervisors of Wayne sors de facto; and its acts in levying taxes, etc., where the public and third persons are interested, are valid.
county without question. There was no rival board,
but it was the sole acting board of supervisors in PPEAL from County Court of Wayue county. Wayne county. Were not the public justified in rely
ing upon it as the board of supervisors of Wayne SHELDON, J. This was an application made by the county ? collector of taxes for Wayne county, in this State, for In Norton v. Shelby Co., supra, the opinion in the case judgment for delinquent taxes agaiust certain real of State v. Carroll, 38 Conn. 449, is referred to as conestate of the appeliant in that county. The taxes de- taining an admirable statement of the law upon the linquent were levied to pay interest on $200,000 of subject of the validity of the acts of de facto officers. bonds purporting to be bonds issued by Wayne county | In the Connecticut case it was said: “An officer de in 1869, and in January, 1870; $100,000 as a donation to facto is one whose acts, though not those of a lawful and for the stock of the Illinois South-eastern Rail- officer, the law, upon principles of policy and justice, road Company, whose railroad runs through said will hold valid, so far as they involve the interests of county.
the public and third persons, where the duties of By an act of the general assembly approved Feb the officer were exercised. First, without a known ruary 28, 1867, entitled “An act to change the time of appointment or election, but under such circumelecting certain officers in a county therein pamed," stances of reputation or acquiescence as were calcuit was enacted that the board of supervisors in Wayne lated to induce people, without inquiry, to submit to county shall consist of five persons, to be elected in or invoke his action, supposing him to be the officer the following manner, to-wit: The townships of Four | he assumed to be; * * * third, under color of a Mile, Hickoryhill and Arrington shall constitute the known election or appointment, void because the first electoral district of said county, and shall be eu officer was not eligible, or because there was a want of titled to one member of said board. The townships power in the electing or appointing body, or by reason of Big Mound, Lamard, Jasper, and Barnhill shall of some defect or irregularity in its exercise, such inconstitute the secoud electoral district in said county, eligibility, want of power, or defect being unknown to and be entitled to two members of said board. The the public; fourth, under color of an election or aptowuships of Leech, Massillon, Mt. Erie and Elm pointment by or pursuant to a public unconstitutional rirer shall constitute the third electoral district in said | law, before the same is adjudged to be such.” county, and be entitled to one member of said board. It appears to us that the case at bar is one which The remainder of said Wayue county shall constitute comes within the category last named. There was the fourth electoral district, and shall be entitled to such a legal official body as the board of supervisors one member of said board. The second section pro of Wayne county, the powers and duties of which vides that the members of the board shall be elected | official body were exercised by persons under color of in each district on the first Tuesday in April, 1867, and an election, as members thereof, in pursuance of a each four years thereafter. The third section provides public unconstitutional law. The real cause of comfor the organization of the board so composed, and plaint is that the office legally existing was illegally that when organized, it shall perform all duties en- | filled. The cases are numerous which hold that the joined upon, and shall have all the powers and privi- | acts of a public officer elected or appointed under an leges of the board of supervisors acting under the gen unconstitutional law are valid as respects the public eral township organization laws of this State, and that and third persons, a number of which are cited in the any three of the board shall constitute a quorum for case of State v. Carroll, and referred to in Norton v. the transaction of any business.
Shelby Co. The objection taken to the tax is that the bonds are In People v. Bangs, 24 III. 184, a law providing for not valid: their alleged invalidity consisting in their the election of a judge was held unconstitutional, and having been issued under authority of this board of the election under it void; yet it was said the judge supervisors thus constituted. It is contended that the so re-elected had color of office, no doubt; and acting statute.aforesaid is unconstitutional.
as he did, under color of office, that his acts were as [Omitting this consideration.)
valid, of course, as if the law had been constituThe act then being held to be not valid, does it fol. | tional. low, as contended by appellant, that the acts of the | In Trumbo v. People, 75 III. 561, a school-district was official body elected under that law in compliance held not to be legally establisbed. So far as that al. with its provisions are null and void? This body was leged district was concerned, there was no such legal the de facto board of supervisors of Wayne county, school-district, and there was no de jure office of a with color of legal title, and it is the well-settled prin-school director of that alleged school-district. Yet