The Irish standard., 1907-10-05
STATE SUPREME COURT RE.
VERSES JUDGE WINDEs' DE,
CisioN AND REMANDs CASE.
ANOTHER BLOW TO
THE ClTY'S PLANS
Much Talked OF Reform Measure
Held Unconstitutional on Five I'm
portant Enthusiastically Means
Assembly Will Adjourn Oct. 8.

nois. supreme court, beginning the Oc-
tober term at Springfield, Wednesday
declared Chicagos new primary law
unconstitutional. The opinion was
written by Chief Justice Hand, and
dissented in by Justice Carter.
1t raises five main objections to
the law. They are as follows:
The court objects strenuously to
the provision giving the county CEN
trail committee the right to establish
the delegate districts. holding that the
committees are volunteer bodies and
cannot be held responsible. for their
acts.
1t objects to the provision allowing
the voter to express his choice for
only one member of the general as
sembly as the constitution gives him
the right to vote for one, two or three
as he sees fit. This sustains the con-
tention of George E. Cole.
It declares that the title is defec.
tive in that it is not broad enough
to cover all the features of the
law. !.
1t holds that the provision Of the
new law. giving the county central
committee the right to fill vacancies
on the tickets is contrary to the "bill
Of rights
1t objects to the provision withhold
Ing the right Of voting at the pri-
maries from all who are not regis.
tered.
Minor Points Are Commended.
The court commended several minor
points, but they were so very minor
that they hardly counted in the gen.
eral demolition of the law. There was
but little left after the wreck.
1t was pretty clear that the judges
did not relish the powers given to the
county central committee. especially
the power of fixing the primary dis
tricts.
Such committees said Chief JUS
ttce Hand, in reading the opinion, "are
purely volunteer bodies and are not
required to make any report of their
actions to anybody. and are not re-
quired to keep any record of their
actions.
eff mandamus, for instance, should
become necessary against one, OF. these
committees, they would have valid
answer in saying that the law does
not require them to keep any record
of their actoins.''
The court intimated that if the coun-
ty election commissioners or the
cn,1ntv cnn, ieoiorore. hod hoo,, ~,;,,ox,
this power, the law, in this respect at
least, might have stood
Extra Session Probable.
~. The decision probably means that
the legislature which expected to fin
ish the tag end of the old session by
reconvening on October 8. will ad-
journ sine die on that day, to
await call from Gov. Deneen for a
special seseion-at five dollars per
diem-to work out new primary law
which will meet the criticisms Of the
supreme court
This makes the second reform pri-
mary law to go overheard in Illinois.
The socialists occasioned the defeat
Of the first. one in December, 1905,
and now Taxpayer Rouse" proceed
ings on about the same lines, has
laid the second law in it's grave.
: The arguments in both cases were
about the same, the compliments de-
E. clarlng that the law was unconstitu-
tional in that it was special legisla-
tion," that it was really two different
acts, that the title was faulty and the
powers delegated anomalous
The present decision has been hang
j ing fire since February, with all the
no1itictans IN the anxious seat