The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-17
PRIMARY LAW
HELD INVALID
IN ILLINOIS
State Supreme Court Declares
tIte Unconstitutional on
Point @ Registration
Governor Deneen Will Call Leg
isIature TO Remedy Defect
at Special Session
Issee,al Dapaioh 10 The Call

Especial DHpaioh 10 The Call
CHICAGO. June I6.-For the third
time the state supreme court has de-
cIared invalid the Illinois primary law
and for the third time Illinois po-
liticaI affairs so back into whatever
condition underlies chaos.
This time. 10 the great satisfaction
of aspiring persons. no candidates.
were directly involved in the invalidat-
ing of the law. When the two elder
brothers Of this last legislative vic
tim were placed out on the steps of
the supreme court gasping their last,
their demise found sundry and I'M
portant individuals hanging TO their po-
Iitical supports by their eyelashes.
PROBLEMS FOR LEGISLATORS
No such cruel fate now threatens
Elections are over and nominations
need not be made until next spring
Before that time the legislature viii
be called back in special session by
Governor Deneen. and for the fourth
time since January. 1905, VIII handle
the problem of passing a primary cleo
ton law which can hold its place IN
the statute books.
ne netlSlOn WHICH QttldlEu NAlF III
rect primary law utterly unconstitu-
tional and sweeping it from the
statute books. was written by Justice
William NJ Farmer of Vandalia. and
with the concurrence of the entire SUI
preme bench.
The test was made over the point of
registration as necessary prerequisite.
held 10 be missing from the Oglesby
law with respect TO sections II and A..
dealing with the qualifications Of
electors.
QUESTION OF REGISTRATION
The court first considered section "A,
and after reciting the terms of the
section and Of the registration provi-
sions of the general election law. said:
The primary law makes no provi-
sion for registration. The law govern
ing that subject in cities that have
adopted the city elections act is found
in that act. and il is contended that
numbers of persons possessing the
constitutional qualifications of electors
were denied the right to vote at the
primary election August S. 1908, be
cause no provision was made by the
law to enable them TO register within
so days before the primary election.
The last general registration before
said primary election was on October
s. 1906. and the last intermediate reg
istrstiOn was in March. 1903. more than
four months prior 10 the primary cleo
ton"
FOUR CLASSES INVOLVED
The court then held that persons in
lured by the absence of provisions for
registration in the act We're Of four
asses-persons not possessing the
constitutional qualifications Of voters
at the April election next succeeding
the March registration, such as men
who became p years Of age between
thc April election and August ; pri-
mary: persons who will not have re-
sided n the election district 80 DAYS
prior 10 the election next preceding the
time fixed for registration; persons
who secure their final lization
papers after the election next succeed
ing the last registration and before
the primary election is held. and those
for who some reason failed to register