The Cairo bulletin., 1906-05-23
MANY ERRORS IN PRIMARY Law
WILL NOT STAND COURT REVIEW

|, Whether the new primary election
law would stand the test OF scrutin,
of it's consttutionality were raised be
fore that tribunal is matter thu
politicians in all parties are now con
sidering.
Able lawyers who have read the bill
las it finally passed, and as ii vii
be signed by Governor Deneen say
that there are several propositions III
it which run very close, at least, tC
the forbidden lines indicated in the
doctrines laid down by the supreme
court in its decision on the act de
clared to BE- unconstitutional. if they
/ do not traverse them with fatal effect
John j Lane of the Sunday Chi.
cago Inter Ocean writes of the new
primary law as follows
Attorney General Stead was not
asked by any one for his opinion on
/ the bill as a whole. Tie was requested
| by the conference committee to give
an opinion as to certain proposed sec
lions. These he furnished. Governor
Deneen went over the bill with the at
torney general but did not ask him for
an official opinion.
Clashes With Constitution.
1t is possible that the attorney gen
erals opinion was not sought for the
reason told in the old story about the
woman who went 10 the lawyer and
said:
Mrs. Brown called me thief
can't | make her prove it?"
Maybe you can, madam" he an
swered, but would advise you not to
do it,"
Mr.. Stead's opinion on the law as a
whole might NOT be encouraging To the
gentlemen who passed II after so
much labor.
One OF the weak spots in the act
comes in sections 2 and J. relating to
the iahishmeat Of delegate districts
by political county committees. Sec
tion 2 provides that delegate districts
shall contain not more than seven con
tiguous election precincts, and "as
near as may be ard not exceeding 800
voters of any politieai party for the
purpose of electing delegates to a
state, congressional, senatorial, eoun
ty or sanitary district, and of such
officers as are to be elected
al the November election"
Two Sections Conflict.
In this section there are specific |
limits TO the power of the political |
county committees as to the area and |
voting population of delegate district
for all purposes But section says
Separate delegate districts may b. |
established for the purpose of select.
ng delegates TO county conventions
making such delegate districts a
nearly equal as practicable. having in
view the number of party yotehs in
,nch districts" Hese the power TO es
ablish delegate districts is conferred
m the county committee. the only re
itriction being the vague declaration
hat they are to he "as nearly equal
This was contrary t.
Attorney General Stead opinion e.
he conference committee that dela
;ate districts be plainly defined in III
ct.
This provision in section means. in
fleet, giving 10 county committees
lower to establish two kinds of dele.
ate districts flom which delegates to
conventions are to b.
looted. Delegation Of power 10 polit'
al committees was one of The en-,
ELECTIONS found by 'lc supre ne cour
a the bill which wa knocked out.
Whether tn court could reconcile
he.c two sections with its former de
zion can be learle6 only on a re
lew of the new act by the court.
Glaring Instances Of Conflict.
Another contradiction is between
eciions and a. Section 1 declare
lat "al candidates for all elective
ate offices" shall be nominated un.
rr the provisions Of the bill, and nee
on II eXempts candidates for uni.
-rsity trustees from having theil
amos printed on the official primary
illot. although university trustees
,Ttainly are elective state officers"
Still another double method of
candidates for the same
flee comes in the provisions relating a
the nominatic1 o. candidates for 7
ate representative. The act provides :
at any person who can secure the !,
quired petition OF 4 per cent. of his o
rty vote in the district may have MS
me printed on the primary ballot "a V
candidate for nomination for repre-. D
NATIVE. but in the form Of primary
Hot set ont in the bill are the words II
ote for one" to be placed al the top p
the column of names of suchcan.
lates. ~
vote for One" is Vague. be
This means that. while three mem 90
Re Of the hons are - be cleo e. W,
m each district. The voter al the pr he
ries can, under the Law. vote for m'
y one nan as a candidate TO- the In,
ninstion. Further. Il j. the fact tha 20
every district in the state at lea {
} candidates for the house Of repre- sic
tatyes are nomina ed by one or 70
other Of the big political parties. 81
democratic districts the democrats | a.,
innate two and IN republican dis | AZ,