The daily morning journal and courier., 1899-11-18
THE FLAG LAW OF ILLINOIS.

1
 The Decision Deciding it Unconstitu- | tional.
 CIRCUIT COURT COOK COUNTY, ILLINOIS.
 l The People ex rel Hartigan (v) Lle- brandt.
 l. Held, that the Flag Law passed by the Legislature of 1899 (BradwelFs Ses-
 sion Laws 1899, D. 1S7l because of the provision respecting informers, is con- trary to the scope and spirit of our Constitution, and therefore void. Opinion of Gibbons, J.
 The law assailed, in force July 1, 1899, among things provides That it shall be unlawful for any person. firm, orga- nization or corporation to use or dis- play the national flag or emblem, or any drawing, Autograph, engraving, daguer- rotype photograph or likeness of the national flag or emblem, as a medium for advertising any goods, wares, mer-
 chandise publication, public entertain
 ment of any character or for any other l. pulp pOSt lultiuCN to piOiiolC lHG iitth
 ests of such person, firm, corporation
 or organization.
 Nothing in this act shall be con-
 strued as affecting either pubic or pri-
 vate exhibitions of art, or shall in any
 way restrict the use of the national
 flag or emblem for patriotic purposes.
 "All prosecutions under the provis-
 ions of this act shall be brought by
 any person in the name of the people
 of the State of Illinois, against any
 persons violating any of the provisions
 of this act" etc. It is made the duty
 of States attorneys to see that the pro-
 visions of the act are enforced in their
 respective counties and they shall pros
 ecute all offenders on receiving informa-
 tion of the violation. of any of the pro-
 visions of this act: and it is also made
 the duty of the sheriff, deputy sherlffs,
 constables and police officers to inform against allt prosecute all persons whom there is probable cause to believe are guilty of violating the provisions of this act; "one-half of the amount recovered in any penal action under the provis- ions of this act shall be paid to the person filing the complaint in such ac- tion, and the remaining one-half to the school fund of the county in which the said conviction is obtained"
 'Section 5. Any person violating the provisions of this act shall be deemed guilty of misdemeanor and upon con- viction shall bep unished by fine of not less than ten (s10) dollars, nor more than one hundred ($100) dollars and costs and in default of payment of said fine and costs imposed shall be impris- oned in the county jail at the rate of one day for each dollar of fine and costs imposed"
 Tn other times and in other lands every man who considered himself az grieved by the act or conduct of his neighbor might pursue and punish him; but those were cruel and barbarous times, when every man who had the physical ability was his own judge and executioner. We of this age have made vast strides in moral and intellectual advances over all ages which have gone before, but so far as I have had an op- to examine the authorities the | question of the validity of law which | gives all or a moiety of the amount re- ceived in an action brought to enforce | penalty to prlVate ln1Ormef, mas | never been called to the attention of | the courts of this country.
 Aside from any constitutional restric- ion upon the Legislature in this respect | S it not against the spirit of American institutions to uphold or enforce any aw, when by so doing 1t would engen- Ter and provoke strife and i'l-wi'l 1 ,mong neighbors? Should we in this Christian land countenanca the enforce nent of law which places a premium lpon perjury, which encourages spies md informers, to dog mems footsteps md to turk in the shadow of every nan's home and place of business?
 But it is contended that the power to determine what act shall constitute a l rime and to prescribe the penalty are questions peculiarly within the province if the Legislature; that these questions Ire legislative, not judicial: and that hough there may be no constitutional for the law it must be upheld. s falling within the police power of the ,tate.
 Before the science of medicine at aimed it's present efficiency, and espe-