Rensselaer Journal, Volume 12, Number 16, Rensselaer, Jasper County, 25 September 1902 — SEEKS TO REGAIN LOST CHARTERS [ARTICLE]

SEEKS TO REGAIN LOST CHARTERS

Illinois Supreme Court to Be Asked to Rule on Secretary’s Action. HOLDS NOTICE IS INADEQUATE Chicago Attorney Will Bring Suit to Have the Law Declared Invalid on Ground of Insufficient Publication and Past Legislation. Thousands of Illinois corporations whose charters were decdared forfeited for failure to comply wtih the law requiring an annual report to the secretary of state may have their legal rights restored by the Supreme court At the beginning of the October term a petition will be filed for a writ of mandamus to compbl Secretary of State John A. Rose to restore the charters and the law under which the secretary acted will be attacked on constitutional grounds. The petition is drawn up in behalf of Hillel Lodge No. 72 of the Independent Order of B’nal B’rith by Adolph Moses of Moses, Rosenthal & Kennedy. It is expressly mentioned In the document, however, that the action is to apply to all other corporations not for pecuniary profit Mr. Moses will at the same time enter another petition covering the cases of the corporations that do business for profit. Declares Law Invalid. In the petition the constitutionality of the law is challenged on the following points: That it is partial legislation and does not apply to all corporations existing in the state. That the act exempts railroad, banking, building and loan and insurance companies and makes the act past legislation forbidden by the constitution. That it is a measure for revenue only. That it deprives thb petitioner of its property without due process of law. That it is void under the fourteenth amendment of the constitution of the United States. “I confidently expect that the Supreme court will declare the law unconstitutional,” said Mr. Moses. “In filing this petition I have taken Hillel lodge for the test case because I happen to be a member, but the ruling of the court will apply equally to all corporations operated for social, religious or quasi-charitable purposes. Alleges Hardship. “For the reason that the year allowed by the law for the reinstatement of concerns which have suffered the loss of their charters will end on March 1, I will take the action into the Supreme court that a decision may be reached before that time. “The operations of the law are said to have been a great hardship on thousands of little societies which have chosen to become incorporated, it is provided that in cities of over 50,000 inhabitants, which means Chicago, that the secretary of state may advertise the notice to make the required report to his office in a newspaper of general circulation.

Cites an Example. “In Cook county the notice appeared on January 13 last, and the thousands of names wera printed in fine type, filling sixty-three columns. It was not conspicuous, and anyone who did not read that particular paper, of course, did not see the notice. Therefore their charters were revoked without warning to them. “In many cases the members do not know they have lost their charters and they are likely to go ahead in theif work without knowing they have forfeited their legal rights. If they do learn of it and apply for reinstatement they must pay a fee of S2O to the state. Just think what this means! Advises Delay. “I am informed that 35,000 concerns lost their charters and if they all paid this fee it would mean that $700,000 was unjustly wrung from the people as a penalty for disobedience of a law of which they knew nothing. Hundreds of societies already have sent in the fee of S2O and I wish to warn the others to await the decision of the Supreme court before following their example. The ruling is likely to be handed down by the first of the year, and even if the law should be sustained they have two months In which to seek reinstatement.”