Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1902-10-20
IS AGAINST MOORE
Court Decides for Mr.. Cooke in
Democratic Legislative
Contest.
OHIO MowRY ALSO ON TICKET
Verdict in Case Is Rendered at 10
O'Clock Sunday Morn
ing.

Iof three hours the Judges composing
the tribunal before which the minor
Iity representative contest for the
| Thirty-third senatorial district was
tried in this city last week, at l
O'Clock Sunday morning brought in a
decision and presented it to those N
Iwaiting in the circuit court room de-
fclaring in favor of George y. Cooke,
of Aledo, holding his nomination by
the democratic party of the district
legal, and against William II. Moore,
of Moline, declaring his nomination
illegal. Today the following report
was mailed to Secretary of State
James y. Rose i'm regard to- the find
ing:
The undersigned, Raus Cooper.
county judge of Henderson county:
William II. Church, county Judge Of
Mercer county, and Lucian Adams,
county judge of Rock Island county.
to whom were referred by the secre-
tary of state for the state of Illinois
the objections filed with the said sec
rotary to the nominations of Ohio j.
Mowry as state senator and George
y. Cooke as representative. and also
the objections To the nomination IF
j. +. Egan as state senator and Will
liam II. Moore as representative, all
for the Thirty-third senatorial dis
trict of the state of illinois, would
respectfully report:
Objections Sustained.
THAT after hearing the testimony
of witnesses and other evidence intro
duced, and the argument of counsel,
| 4 h., e Il
tuting said court do find that the OBJ
iections to the nomination of William
II. Moore as representative are well
taken, and that he is not legally nom
mated as such representative; and
that the objections to the nomination
of Ohio j. Mowry as senator and
George 4. Cooke as representative
are not well taken and that they are
legally nominated as such senator
and representative, respectively. for
said Thirty-third district of the state
of Illinois; and that the said James
+. Egan has Withdrawn his name as
the nominee for senator and no ac-
ton is necessary i'm regard to the OBJ
iections to his nomination.
"RAUS COOPER.
County Judge, Henderson County,
i'll.
civilian r. CHURCH.
County Judge. Mercer County, Ill.
"LUCIAN ADAMS.
County Judge, Rock Island County,
H.
Not Unanimous.
1t will be observed that the lam
guage of the report specifies that the
majority" of the judges constituting
the tribunal find as stated. This inn
plies that there was difference { f
opinion over some of the points I'M
volved. which was in fact the case.
All the judges subscribed to the opin-
ion that the nominations of Messrs.
Moore and Egan were Illegal, the com
mittee which called the convention
being not properly constituted, but
in the finding that the nominations of
Messrs. Mowry and Cooke were legal
Judge Adams dissented, obiecting to
the regularity of the mass convention
that nominated them.
In reporting verbally upon the, find
ing at the time it was brought in
Judge Cooper stated that the HtrHhi-
nal had been unanimous in condemn
ing the practice of holding mass SEN
atorial con entions. This is not made
a part of the report. and Judge
Adams today stated that this feature
should not be understood as official.
While Mr.. Moore and Mr.. Searle to-
day would not admit that they knew
of any process of law whereby the
finding of the county judges might
be overcome. they both left this af-
81 a
to inaugurate some new move in the
case.
The Closing Argument
The arguments of Mr.. Searle con-
sumed more time than those of both
Mr. Gordon and Mr.. Sweeney. Mr.
Gordon finished about o'clock
Saturday afternoon and Mr.. Searie
held the floor with an intermission
of an hour for supper from that time
on till $50. He presented the case of
Mr.. Moore very fully, and cited an
abundance of authorities calculated
to sustain his grounds. He argued
that the intent of the Australian bal
lot system is to secure an untram-
meled expression by the majority If
those who express their preference
on given proposition, and held that
courts have not been too particular
of the technicalities when ii has been
evident that the will of the majority
has been overridden, his argument be-
ing based on the assumption that the
majority of the voters in the distract
were favorable to Mr.. Moore.
He contended that Messrs. Cooke
and Henderson, and consequently Mr.
Hutchins, were estopped from partlci-
pating in a mass convention by rea-
son of. having participated in the
county conventions in their respec-
tive counties where delegates We're
appointed to the senatorial eonven-
ton. The theory that there had been