Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-10-03
ACOC|
Death Blow to Primary Law
Causes General Disturbance
Among State Lights.
PLANS ARE BADLY UPSET
Session of Legislature Which Convenes
Next Tuesday Unable to Do Any
thing on the Subject.

Springfield, H., Oct 3.-Governor
Deneen is expected to at once issue
call for an extraordinary session of the
general assembly to consider a pr-
mary election law to take the place Of
the act killed yesterday by the SUI
preme court, deep waterway legisla-
ton and such other urgent matters as
demand consideration.
The Legislature recOnvenes at noon
next Tuesday to finish up it's work
left over from the regular session. but
no quorum of the senate or house is
expected for the regular transaction of
business.
The final adjournment will be voted
Immediately. according to plans made
here yesterday.
Judge Carter Dissents.
Six of the seven justices concurreG
in the primary law opinion, which was
written by Justice John P. Hand of
Cambridge. Justice Orrin y. Carter
of Chicago dissented and will file an
individual opinion later The law was
attacked from all sides in the argu-
ments, and all the main points were
sustained by the decision.
Four minor features of the law mot
with the outspoken approval of the
bench. In these were contained the
vital point of interest to the Hearst
league. reputed hackers OF the fight
on the cOnstitutionality of the law
namely, that to participate in party
primary the voter must openly decla ,e
| his affiliation with that particular po-
litical party.
Wrong at Other Angles.
At every other angle of the contest,
however the primary act met with
judicial disfavor. The leaders of the
legislature who hammered togethe.
the compromise primary bill during
the bitter fight at Springfield find little
joy in scrutinizing the long opinion
which was handed down by Judge
Hand as soon as court convened.
Chaos at Love Feast.
| Political chaos ruled among the poll
| ticians who are at the state fair for
what had started in as a love feast.
Most of the leaders of the general
assembly were in Springfield, and
after conference the word was passed.
out last night that no attempt would
be made to do anything in the line of
lprimary legislation at the holdover se5-
sion and the tentative plan was made
to adjourn sine die Immediately upon
assembling.
| The democrats announced that they
would make hard fight for a straight
laway direct primary, without interven
ling delegates or conventions, and that
lthey are prepared to go into the regu
lar session and enact such law along
1.-THE lines of the McGoorty bill of last
lsession.
Appeal from Cook County.
The question of the constitutionality
; of the law came to the supreme court
; on appeal from the circuit court o.
lCook county in the case of George w
Rouse against County Treasurer Johr
r. Thompson.
In the lower court Rouse, as tax
! payer, asked for an order restraining
, the county treasurer from paying an!
of the expenses of the primary, on th'
= ground that the law under which th'
; lprimary was held was unconstitutional
Rouse is alleged to have had the mora
/ support of the Hearst league in film;
: the suit.
fl Judge Windes heard the case, argue'
: for Rouse by Thomas Marshall and Ro
ID. Keehn, and by Assistant County Al
tOrney William F. Struckman, repre-
senting the defendant. Judge Windes
knowing that the case would be al
4 lpealed in any event, entered a pei
e functory order refusing to grant IN
n lpetition. denied the injunction and di:
+ missed the case for want of equity.
|. In February, 1907, the case was al
:, lgued before the supreme court by tn
v same attorneys, and yesterday tn
!. lopinion of the justices was that tn
] decision of Judge Windes should b
It reversed and the case remanded to tn
r circuit court of Cook county, with il
s lstructions to that court to issue the il
|. junction against the county treasure