still remain as undecided until a quorum shall vote upon the question. Any proposition to amend, repeal or enact any by-law must set forth the by-law as amended, or the one repealed or the new one proposed, and be read at large in open meeting and its consideration postponed until the next meeting, unless a majority of all the shareholders of the association shall, on an aye and no vote, be in favor of considering the question at once. cause. SEC. 126. If any association or its authorized agents shall do or Forfeiture of refrain from doing any act which shall subject it to a forfeiture of charter for its charter or corporate powers, or shall allow any execution or decree of any court of record for a payment of money after demand made by the officer, to be returned, "no property found," or to remain unsatisfied thirty days after such demand, or shall dissolve or cease doing business, leaving debts unpaid, suits in equity may be brought against all persons who were shareholders at the time, and liable in any way for the debts of the association by joining the corporation in such suit, and after the assets of the corporation shall have been exhausted, each shareholder may be required to pay his pro rata share of such debts to the amount of his unpaid stock, or to any extent to which he may by law have become individually liable. ciations. SEC. 127. Courts of equity shall have full power, on good cause Dissolution of shown, to dissolve or close up, or take charge of the business of insolvent assoany association for the benefit of the creditors, to appoint a receiver therefor who shall have authority, by the name of the receiver of such association, (giving the name) to sue in all courts, and do all things necessary to close up its affairs, or to make the money charged against it and restore it back to the shareholders of the association, as may be commanded by the decree of court. Said receiver shall be a citizen of the State of Illinois, and shall enter into bonds, payable to the people of the State of Illinois, for the use of all parties interested, in such penalty and with such sureties as the court may, in the decree or order appointing the same, require. The following States have laws of this class: Alabama.-Code of 1907, sections 3573 to 3588. California.-Civil Code, sections 653a to 6531. Connecticut.-General Statutes of 1902, sections 3992 to 4001. Maryland.-Public General Laws, 1903, article 23, sections 14, 16. Massachusetts.-Revised Laws of 1902, chapter 110, sections 7, 69, 70. Michigan.-Compiled Laws of 1897, sections 7465 to 7474. Minnesota.-Revised Laws of 1905, sections 3073 to 3077; Acts of 1907, chap ter 293. Montana.-Civil Code, sections 870 to 880. Nevada.-Acts of 1901, chapter 60. New Jersey.-General Statutes of 1895, pages 894 to 896. Pennsylvania.-Brightly's Purdon's Digest, pages 389–397. LEGAL HOLIDAYS IN THE STATES AND TERRITORIES. The following statement shows the days which, besides Sunday, have been appointed as legal holidays by the legislatures of the various States and Territories and by the United States Congress for the District of Alaska and the District of Columbia: January 1-New Year's Day.-Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. January 8-Anniversary of the battle of New Orleans.-Louisiana. January 19-Lec's Birthday.-Alabama, Arkansas, Florida, Georgia, North Carolina, South Carolina, and Virginia. February 12—Lincoln's Birthday.-Colorado, Connecticut, Delaware, Illinois, Indiana, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, South Dakota, Washington, and Wyoming. February 22-Washington's Birthday.-Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Alaska, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. March 2-Anniversary of Texan Independence.-Texas. March 4-Inauguration Day.-District of Columbia. (") March 22-Emancipation Day.-Porto Rico. April 13-Thomas Jefferson's Birthday.-Alabama. April 19-Anniversary of the battle of Lexington.--Maine and Massachusetts. April 21-Anniversary of the battle of San Jacinto. Texas. April 26-Confederate Memorial Day.-Alabama, Florida, and Georgia. May 10-Confederate Memorial Day.-North Carolina and South Carolina. May 20—Anniversary of the Mecklenburg Declaration of Independence.— North Carolina. May 30-Decoration Day.-Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, (') New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. May 30-Confederate Memorial Day.—Virginia. June 3-Confederate Memorial Day.-Louisiana, Mississippi, Tennessee, and Texas. June 3-Davis's Birthday.-Alabama, Florida, Georgia, and South Carolina. June 11-Anniversary of the union of the Hawaiian Islands by Kamehameha I, 1795.-Hawaii. July 4-Independence Day.-All the States and Territories. July 24-Pioneers' Day.-Utah. July 25-Anniversary of the landing of American troops.-Porto Rico. August 1-Colorado Day.-Colorado. August 13-Assumption Day. (C)-Philippine Islands. August 16-Bennington Battle Day.-Vermont. September 9-Anniversary of the admission of the State into the Union.— California. October 12-Columbus Day.-Colorado. October 31-Admission Day.-Nevada. (1) November 1-All Saints' Day.-Louisiana. November 23-Repudiation Day.-Frederick County, Md. (d) December 25-Christmas Day.-All the States and Territories. December 30-Rizal Day.--Philippine Islands. Arbor Day.()—Arizona, (†) Utah, (1) and Wyoming. (*) a Every fourth year. Nonjudicial day. Idaho, (9) Nebraska, () Rhode Island, (1) eCommemorates the surrender of the city of Manila to the American forces. Half a day only, from 12 o'clock noon. Other States also provide by law for an arbor day, but do not make it a legal holiday, except in a few cases for school children. The first Friday after the first day of February in some counties, and the first Friday after the first day of April in others. Friday following the first day of May. * April 22. The second Friday in May. April 15. Day to be set by the governor. Fast Day (whenever appointed).--California, Colorado, Connecticut, District of Alaska, District of Columbia, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Porto Rico, Rhode Island, South Dakota, Tennessee, Texas, Utah, and Virginia. General election days.—Arizona, California, Colorado,(a) Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nevada, (') New Hampshire, New Jersey, New York, North Carolina, (^) North Dakota, Ohio, () Oklahoma, Oregon, Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Carolina, South Dakota, (d) Tennessee, Texas, Virginia, (") Washington, West Virginia, Wisconsin, (d) and Wyoming. Good Friday.-Florida, Louisiana, Maryland, Minnesota, New Jersey, Pennsylvania, Philippine Islands, Porto Rico, and Tennessee. Labor Day-The first Monday in September.—Alabama, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, () Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Porto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West Virginia. Day to be set by the governor-Wisconsin. Mardi Gras.-Florida, (†) and Louisiana.(*) Saturdays after 12 o'clock noon.-Colorado, (9) Delaware, (h) District of Columbia, Illinois, (1) Indiana,(1) Louisiana,(*) Maine, Maryland, (1) Michigan, Missouri, (") New Jersey, New York, Pennsylvania, South Carolina, (") Tennessee, and Virginia. Thanksgiving Day (whenever appointed).—Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Alaska, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. Regatta Day-Third Saturday in September.—Hawaii. Thursday of Holy Week.-Philippine Islands. CONVICT LABOR. The United States and every political division thereof have by legislative action adopted regulations and directions as to the employment of convicts during the term of their detention. Six systems of employment are generally recognized, as follows: The lease system. Under this system the contractors assume practically the entire control of the convicts including their maintenance and discipline, subject, however, to the regulations fixed by statute. In general, the prisoners are November elections only. Nonjudicial day. From noon until 2 p. m. only. Also on primary election days. In the parish of Orleans. In counties wherein there are carnival associations. Cities of 100,000 population or over, during the months of June, July, and August. Applies only to Newcastle County. In the city of Wilmington the law applies to every Saturday in the year, in the rest of the county only from June to September, inclusive. In cities of 200,000 inhabitants or over. For banks, etc., in cities of over 35,000 population. *Cities and towns of over 15,000 population. In Baltimore, Annapolis, Baltimore County, Harford County, and Montgomery County. In Charleston County only. • In counties where the State Agricultural and Mechanical Society holds an annual fair. removed from the prisons and are employed in outdoor labor, such as mining, agriculture, railroad construction, etc., though manufacturing is sometimes carried on. The nature and duration of the employment are, within the restrictions of the law, fixed by the lease. The contract system. The employment under this system is usually within the prison shops or yards, discipline and control remaining in the hands of the officers, only the labor of the convicts being let to and directed by the contractors for manufacturing purposes. The State usually furnishes shop room, and sometimes also provides power and machinery. The piece-price system.-Not only the discipline of the convicts, but the direction of their labor as well, is retained by the State under this system, the contractors furnishing the material to be made up and receiving the finished product, an agreed price per piece being paid for the labor bestowed. The public-account system.-There is no intervention of outside parties under this system, the employment of the convicts being in all respects directed by the State, and the products of their labor being sold for its benefit. The State-use system. This system is similar to the above, except that such articles are produced as will be of service to the State in supplying and maintaining its various institutions, and are appropriated to such use instead of being put on the general market. The public-works-and-ways system.-Under this system, convicts are employed in the construction and repair of public buildings, streets, highways, and other public works. Following is a statement in brief of the principal points covered by the laws of each State. The term " county convicts" is used with reference to those sentenced to terms in a county jail or workhouse, and "State convicts" to those serving terms in a State institution. ALABAMA. Control.-A board of inspectors, appointed by the governor, has control of all State convicts, and of all county convicts employed outside the county of sentence. This board prescribes the nature, conditions and places of employment of convicts, makes rules for their control, and must inspect biweekly their quarters, clothing, and general condition. The county commissioners retain control of county convicts employed within the county of sentence. A superintendent of public works may be appointed to have charge of the convicts employed by a county on its roads, bridges, etc. Systems of employment.-All systems named above are authorized, employment on public works and ways being used only for the working of inale county convicts. Regulations.—All contracts must be prepared under the supervision of the attorney-general of the State and be approved by the governor. Labor must be of the kind and at the place named in the contract, and no rehiring is allowable except upon recommendation of the board of inspectors, approved by the governor. No one may be hired to a relative, nor to one personally hostile or of inhumane disposition. Not less than twenty convicts may be hired to any one person or kept in any one prison. This limitation does not apply to mines and quarries, nor to county convicts employed in the county of conviction. Each contractor must keep his convicts in a prison which has been approved by the board. Convicts employed in mines must be, and those employed elsewhere may be tasked, and after performing their allotted tasks, they may be allowed to work for themselves, the proceeds of their labor to be disposed of according to the rules of the board. Mining and farming on State lands, and the erection of State factories are mentioned. No labor may be required on Sundays, Christmas Day, the Fourth of July, and Thanksgiving Day. Physically disabled convicts, or those injured by such labor, are not to be worked in mines, nor may any task be required of a convict for which he has been declared unfit by the physician inspector. Convicts must be separated according to the grade of their offenses, and according to sex and race. Those under 16 years of age must be confined and worked only in a reformatory located on property owned by the State, to which county convicts may also be sent. Female guards are to be employed for female convicts. Cruel and excessive punishments are forbidden; corporal punishment is permitted. Each convict must be furnished at discharge, by the person having him in possession or control at the time, with a suit of clothing, transportation to the county seat of the county of sentence, and 50 cents in money for each day's travel required for the journey. Detention of a convict after expiration of sentence is punishable by fine and imprisonment. The same laws, unless otherwise expressly provided, govern both county and State convicts. Sources: Code of 1907, sections 5830, 5831, 6479 to 6571, 6608 to 6619; Acts of 1907, special session, No. 85. ARIZONA. Control. The governor, the auditor of the Territory, and a citizen appointed by the governor form a board of control with full charge of penal institutions. This board formulates rules of government and makes inspections at least quarterly. The keepers of the several county jails, with the consent of the supervisors of the county, have the direction of the employment of county convicts. Systems of employment.-The provision as to State convicts is not clear, but the contract system is apparently contemplated. County convicts may be employed on public works and ways. Regulations.-Discharged convicts receive $5, their earnings, if any, and transportation for a journey not to exceed 300 miles. County convicts perform work on streets and highways under the supervision of the road overseers. Labor either within or without the jail must be performed every day except Sunday. Source: Revised Statutes of 1901, sections 1195 to 1199, 3563 to 3595. ARKANSAS. Control.-The State auditor, secretary of state, the commissioner of mines, manufactures, and agriculture, the attorney-general, and the governor constitute a board of commissioners for the management of the penitentiary and its inmates, and must make visits at least monthly and inquire into the discipline and employment of convicts. County convicts labor under orders issued by the court sentencing them. The county court may arrange for their employment, employing a superintendent to have immediate charge of such as labor on highways and other county improvements. Systems of employment.—State convicts are to be employed, preferably under the public-account system; goods made by them may be taken for State use. The contract system is allowed, but the lease system is prohibited. County convicts may be employed under the lease, contract, public-account, or public-works-and-ways system. Regulations.-Employment in mechanical and agricultural pursuits, the clearing of timber and the mining of coal on State lands and the acquisition and operation of a quarry are authorized for those convicts employed on public account. But persons physically disqualified or under 18 years of age may not be employed in mining. The employment of convicts in the construction of State railroad and telegraph lines is also authorized. Ten hours constitute a day's labor. Convicts employed on farms may be required to aid in the repair of roads in the vicinity for a number of days not greater than is required of free labor. No convict may be hired as a domestic servant to any person outside the prison walls. Punishment must be within the limitations prescribed by the board. County convicts not employed on public works and ways or on the county farm may be employed at any lawful labor, and if no resident of the county offers to contract for such labor, they may be hired to a resident of another county. Goods. The board has exclusive authority to effect sales of the products of penitentiary labor, which is to be done only after a thorough ascertainment of the market value of the products. Sources: Digest of 1904, sections 1047 to 1059, 1066 to 1102, 5496 to 5564, 5852 to 5862, 5873, 5899, 7352, 7353; Acts of 1905, No. 134. 43967-08- -7 |