People ex rel. Chicago Bar Ass'n v. Motorists' Ass'n of Illinois, No. 21876.

• Court: Supreme Court of Illinois
• Writing for the Court: ORR
• Citation: 188 N.E. 827,354 Ill. 595
• Parties: PEOPLE ex rel. CHICAGO BAR ASS'N v. MOTORISTS' ASS'N OF ILLINOIS.
• Docket Number: No. 21876.
• Decision Date: 08 February 1934

354 Ill. 595
188 N.E. 827

PEOPLE ex rel. CHICAGO BAR ASS'N
v.
MOTORISTS' ASS'N OF ILLINOIS.

No. 21876.

Supreme Court of Illinois.

Dec. 22, 1933.
Rehearing Denied Feb. 8, 1934.

Original proceeding by information in the name of the People, on the relation of the Chicago Bar Association, seeking to have the Motorists' Association of Illinois, a corporation, punished for contempt for engaging in the practice of law and to enjoin it from continuing in such practice.

Respondent found guilty of contempt and directed to pay fine and costs in accordance with opinion.

[354 Ill. 595]John L. Fogle, of Chicago (Charles Leviton, of Chicago, of counsel), for relator.

Henry A. Blair, of Chicago, for respondent.

ORR, Chief Justice.

This is an original proceeding in this court by information in the name of the people, on relation of the Chicago Bar Association and its grievance committee, against the Motorists' Association of Illinois, a corporation organized under the laws of this state as not for pecuniary profit. Relator seeks to have respondent punished for contempt of this court for practicing law without a license and to enjoin it from continuing in such practice. Leave to file the information was granted, and it was filed at the February[354 Ill. 596]term, 1933. An answer was filed by respondent at the April term. Relator thereupon moved to make the rule absolute on the answer, to assess a penalty against respondent, and to enjoin it from engaging in the practice of the law. It was thereupon ordered that the motion be treated as a demurrer to the answer, and the parties were directed to file briefs. A brief has been filed by relator, but respondent filed none.

The facts alleged in the petition, and either expressly or impliedly admitted by the answer, so far as material, are as follows: Respondent was incorporated on December 16, 1925, as an Illinois corporation ‘not for pecuniary profit.’ Its certificate of incorporation provides: ‘The object for which it is formed is to operate a non-profit civic association for the benefit of its members; to establish and maintain a touring bureau and bureaus of information on other matters of interest to motorists; to provide varied and general services to its members; to promote the best interests of motorists; to use all lawful means to secure legislation in the interests of motorists and to establish and maintain a club house and branches for the benefit of its members and to do all other things which may lawfully be of benefit to its members.’ For a number of years respondent has been engaged in operating a motor club, and its business has covered a large portion of this state. It has approximately fifty thousand so-called members or persons to whom it furnishes automobile insurance and other services. The character and extent of the services so furnished or rendered

[188 N.E. 828]

by respondent are disclosed and admitted, but it denies that it has engaged in the practice of law. Advertising and other written or printed material, such as a monthly pamphlet entitled the Illinois Motorist, used for the purpose of soliciting business, copies of which are attached to the information, disclose the following:

Respondent maintained a ‘legal’ department, and advised its members that ‘For quick action in telephoning, [354 Ill. 597]the heads of the different departments are listed below: * * * Legal-Henry A. Blair, Mich. 2600.’ The same circular or prospectus contained the following statement: ‘Do it now. We will do the rest. We will...