Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1894-05-26

AsePuohhchuS Ask . fOStpOueUent winch Is
Not Granted and the Lawyers at Once
Tell the Court the State ofA Afrairs--Several
Legal Lights illuminate the Question
Congressional Nominations
SPRINGFIELD, Ills. May 26.--The Popu-
list apportionment case of Blair against
the secretary of state. bill Of injunction
restraining the secretary of state from GER
tifying to county clerk of Illinois the
names of legislative candidates under the
apportionment act of 1893 or 1882 came
up in the circuit court here on a demurrer
to the bill which was filed by the attorney
general for the secretary of state. Ex-As-
sistant Attorney General F. S. Smith, in
behalf of the Republican state. central
committee, appeared an asked for a con-
tinuance until next Thursday on account
of unavoidable absence of General Hunt in
Chicago and w. j. Calhoun in Danville.
attorneys in the case. Judge Creighton
said the case had been set for this day, at
torneys were present and the case ready
to be beard ON demurrer and he would not
grant the postponement.
In support of the Demurrer.
States Attorney James NJ. Graham, in
support of the demurrer, occupied the
morning session with an elaborate and ex-
tensive argument. He admitted that the
court had jurisdiction in such cases, but
denied that the facts in the pending case
warranted the court in assuming any
jurisdiction in this case. He stated that
there were but three questions to he con-
sidered in the case. First, population;
second, contiguity, and third compact
ness. The constitution, clearly defined
what population was-that it was II dis
trlct containing not less than four-fifths of
ratio, nor more than three-foIrths of ra-
ito, which would make the minimum un-
der the act of 1898 60,G30. and the maxi
mum ISL 800. There was no dis.
trict i'll the state under this act
having n population less than the
minimum, nor more than the maximum,
and that part of the constitution was
clearly complied with in al respects re-
SardinG population
Meaning of ContiSr:ty.
The meaning of the word contiguity''
could mean only one thing. that is con-
tact, together; and that word or act was
| not controverted. All districts under the
act Of 1893 were composed OF contiguous
counties. The only question really at
stake was, therefore, the word compact
ness" Various definitions Of the word
were cited ut some length, and coutended
that the act of 1898 complied with the pro-
vision of the state constitute Su in this re-
spect: and also because the acts of the last
Legislature of this stnte were given n crea.
degree of discretion in framing the bill as
enacted. Mr.. Graham said that assuming
that the acts of 1893 and 1882 were not
| void, the act of 1872 would now be III force
and would work very great injustice to
| the people of Illinois; many thousands
| would be DISTINGUISHED; the act would be
of a great inequity and unjustn css to the
| people OF the entire state.
Unjus.acss of the Proposition.
Many districts would have "a population
as high as 10000, while many others
would have less than $500 people in the
entire district, if taken at the present
| time. The unjustness of the proposition
was plainly visible TO the most obtuse
Mr.. Graham continued on this line until
noon, when n recess was taken. In the
afternoon Graham concluded his aryu-
ment and was followed by Delos p.
| Phelps and Attorney General iAoloney in
| support of the demufer H. G.. Jones, at
toraey for Petitioner Blair, spoke i'll sup
port OF the bill of injunction, while ex-
Assistant Attorney General L. : Smith of
this city spoke in behalf of the fepub-
lican state central committee in support
of the legality and constitutionality of the
| act of 1892.
LATEI.-The arguments werc completed
| yesterday and Judge Creighton decided
the case, sustaining the demurrer and de
claring that the legislature was supreme
IN the matter Of apportioument. An ap-
peal was granted to the supreme court at