Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1906-04-09
COURT KNOCKS
PRIMARY LAW
ILLINOIS ACT DECLARED UNcoN-
STlTUTIONAL,
SPECIAL SESSION CALLED
Governor Summons Legislature for
Immediate Enactment of a New
IaW-Measure Declared to Be
Special and LocaI-Not Like the
Wisconsin Law.

Springfield, H., April Elm an
opinion handed down late yesterday
Afternoon by the supreme court of
Illinois, the new primary election law
is declared unconstitutional and void,
and a special session of the legisla-
ture will be held in order to enact
new primary law.
Immediately upon hearing of the
decision of the supreme court, Gov
Governor Sherman, who is at Hot
Springs, Ark, and to Speaker Shurt-
left at his home in MarengO, inform
ing them of the decisions of the court
and that action would Immediately be
taken to call an extraordinary session
of the general assembly.
Last night the governor issued
call for a special session of the legls-
lature, to be held at Springfield Tues
day morning, April TO- Chairman
Roy o. West of the republican state
central committee issued call for
city next Saturday morning for the
purpose of resembling the call for the
republican state committee to meet
May IA in this city.
The law has been attacked by the
socialists. and it has been run0red
that others have been behind the
movement whose names did not ap-
near on the surface. The decision,
without dissenting vote, declares
that the following provisions are I'M
constitutional:
demonstrations Provisions.
That the law provides that candi-
dates for party nomination must pay
a filing fee in order that their names
may appear on the primary ballots.
That political parties polling ten
per cent of the total vote IN county
are entitled to a primary, whereas in
a. county containing a population oil
1926. 600 or over, 20 per cent OF the
total vote is required.
That 1t provides for primary vote
on candidates for governor, but makes
no provision for other state officers.
That it provides that in senatorial
districts containing two counties, not
more than two executive candidates
shall he selected from any one county,
and that in districts comprising three
or more counties, not more than one
legislative candidate snail be nom1-
A Local and Special Law
The court in concluding the opinion
says:
mo reason is or can be suggested
for excluding the nomination Of cam
fi6ates for judges of the circuit court
in other counties, and including
Judges of the circuit and superior
courE in Cook county. No reason has
been suggested by counsel for the de-
PENDANTS why a party having polled
10 per cent of the last vote for presl-
dent within the whole state should
lave the privilege of the act in small
counties while the same party IN
large county should be required 10
have 90 per cent. The law is a local
and special law, relating to one or
subjects as to which
srch a law is absolutely prohibited,
We are also of the opinion that 1t VI
oIates the provision of the constltu-
tjon that elections shall be free ana
eouaI in permitting voters in the state
at large outside of Cook county, 10
vcte at primary elections by stating
+beir narty affiliations, while the voter
in Cook county is denied that right
if he has voted at primary election
of another party within two years.
and also in providing different basis
on which a party in Cook county may
3 vail itself of the privileges OF the
act from the requirements OF other
narties of the state
The court then declares the act OF |
1e05 unconstitutional and the act OF
1901 still in force.