Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-06-16
0gIesby Measure Goes
Way Of the Two That
Preceded it.
SEVERAL FLAWS FOUND
Does Not Provide for RegiStra-
tion and Bars Cumulative
Voting.

Springfield, H., June 16.-(Spscial
The primary election of Illinois was
today declared unconstitutional in It's
entirety by the supreme court because
of two sections which are invalid. The
opinion was handed down in the case
of the people on the relation of Joseph
Phillips of Chicago against Sheriff
Straussheim of Cook county, a case III
which Phillips was indicted on the
charge of making false afiidavits in a
primary election.
Held UncOnstitutiOnaI.~
Phillips claimed that the law was un-
constitutional and tha- no indictment
could be returned therefore. He asked
for a writ of habeas corpus in the
supreme court in which that body
granted and the supreme court order
ed him discharged.
Must BE Registered.
The supreme court holds that sec.
tion A of the primary election law is
unconstitutional because it provides
that only registered voters can vote in
the primary election in localities
where the city election law is in force
Yet it makes no provisions for the reg
istration OF voters, except the proyiso
that where q voter has. moved into
the precinct since the last registration
that he can vote by making affidavit
to that effect. supported by the aft
davits of two other voters.
Hits Several Classes.
This proviso the supreme court holds
is invalid because it dscriminates
against voters who have resided il
the precinct but are not registered
and against persons who were not o
age 80 days before the last registra
tion, but had become of age at tho
time of the election.
Too Much Power to Committee.
Section II which provides that tn,
senatorial committee may by resola
tion prescribe how many candidate.
for the lower house of the general ae
sembly shall be voted at the prmar,
and providing that the voters shrl
have but one vote for as many can
didateS as are named in the resolu
tion, is declared unconstitutional. Th
supreme court holds that it depriv >
the voter of his constitutional right
to vote for as many candidates y
there are places to be filled in tn
district or to vote in cumulative man
her as provided for by the, election
laws.
by Associated PRESS.
Springfield, ILL.,, June 16-The ST
preme court today decided the primar
election law unconstitutional.
The court holds the law is uncor
stitutional because it requires that n
person, except persons registered q
the last previous election, can vote 8
a primary election, and yet makes n
provision for the registration of voter
and because 1t provides that senatori;
committees NAV. by resolution decid
how many candidates each party sha
nominate for the legislature. and tn;
only that number of candidates ma
be voted for, thus depr.ying the voter
of their constitutional right under til
election law to vote for as many ca
didates as there are offices to be file
and to cumulate their votes for thes
Third One Killed.
This is the third state primary la
which has been declared invalid
the highest tribunal in the state. tt
la- was passed by the 45th gener
assembly in special session and W;
known as the Oglesby bill. In Il
working of the law objection was MAJ
TO the cumbrous machinery which
occasioned and to the restriction
which were placed on the voters b
fore they were eligible to participa
in primaries.
Too Much Power to Committees.
Criticism was also raised on t
powers granted to various committe