Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-12-06
TIE COLLINS CASE.
The Notice Of Contest Formally
Prepared.
The ssround Work ON whI eh the De.-
ecrass VIII Make Their Fight fer
Their Rights IN the Mex, neuse.

Thirty seventh general assembly from the
Twenty first senatorial dist rict was pre-
pared today by Mr.. VIM. McEniry, who
has been retained by the coutestant as
counsel and by whom il will be duly
served on Mr.. w. c. Collins on his re-
turn to the city Monday. The contest is
to be made in the name of Thomas 8.
Silvis. chairman of the demo cratic county
committee. and is as follows:
STATE OF ILLINOIS,
21sT SENATORIAL DISTRICT ss'
In the house of represen tatives, S7th
general assembly.
Thomas s. Silvis VS.. Villa n C. Collins.
Notice to contest election.
To William G. Collins, cl aimed 10 be
member elect to the house Of representa-
tives of the Thirty seventh general
assembly, state of Illinois.
You will hereby take not ce that will
contest your election to the house of
representatives of the 1'hirty-seveDth
general assembly of the sta g of Illinois
which will convene at the tate capitol at
Springfield. Illinois. on the 7th day of
January, A. D, 1891, upon the following
points, to-wit:
rst. That your have not been a res
ident for fye years of the sate of Illinois
next preceding the fourth day of No
yember. A. d, 1890
Second. That you had not been a res
ident of the territory forming the TWEEN
ty>fifst senatorial district Of the state of
Illinois for perio1 of two years next
preceding the election, to.wit. on the
fourth day of November, a. D.. 1890.
Third. That the ballots cast for you In
Rock Island county and Henry county,
the two counties OF the state OF Illinois
comprising the Twenty-frst senatorial
district were illegai and void
Fourth. Votes cast for John A Viii.
son for member of the hon of repre-
sentatives of the Thirty-se venth general
assembly. of the slate of Illinois-which
should have been counted for him-were
counted for YOU
Fifth. Son were not one of the three
candidates who received lie highest num-
Der of legal votes cast by the legally
qualified electors of the Twenty hrst SEN
atorial district for member of the house of
representatives of the Thirty-seventh
general assembly.
Sixth. And for other reasons.
Dated ut Rock Gland. Illinois, this 9th
day of December, A. D.. Il 800.
THOMAS s. SILvIs.
Chairman Democratic County Committee.
The notice of contest merely evinces
the determination of the democrats to
assert their rights as to the seat IN the
legislature. to which a certificate of cleo
ton has been issued to W c. Collins, but
to which ]. A Wilson has the legal right.
The shamefully partisan attitude of the
governor of this state in setting himself
up rs a judge of election and usurping
the functions of his Office to aid the res
publicans of this district in getting out of
their predicament will not be permitted
to have its desired effect. The governor
should, under the law, have reserved his
Call for special election until the house
OF representatives, which Is alone vested
with the right to judge tn, election aud
eligibility of its members, decided a spec
ial election necessary. Instead he has de-
clared vacancy where none has been
power, and involved the Taxpayers OF
Rock Island in an expense of SO 600.
Sustaining the position tsken By the
democrats of this district the St. Lou 6
Republic of Thursday ma ses the follow.
ing editorial review of the situation:
The confession of Mr. Collins. of the
Twenty-frst Illinois district. that he Is
ineligible TO the legislatu re. does not en-
able him to resign, He cannot resign an
office be does not hold al d cannot legally
hold. The house alone IN Judge of the
qualifications of its members. and moth.
ing can be done in his case until it has
passed on it. Any atten pit of Governor
Fifer to declare-the place vacant and fill
it by special election under his own man
agement would be nulliiy. The election
cannot be ordered legally until the house
has declared the vacancy and it could
| not. OF course. recognize any pretender
| sent by Mr.. Fifer to appear for Mr.. Col
| Inns on the theory that Sir. Collins had
resigned and created 6. vacancy. Mr.
Collins is undoubtedly in eligible. but that
| fact cannot be legally acted upon until
| it appears legslly--ss il cannot before
the legislature meets aud sits in judg
| ment on the case. Governor Fifer can
not do that. He is not. nor can he make
any sensible claim that be is, judge of
the returns and qualifications Of members
of the house. II he could, we would fear
that the democrats woul1 soon be judged
out of it.