Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-12-22
SOME PHASES
OF Law IN DOUBT
Illinois Supreme Court Deci-
sion on Legislative Primary
Act Confusing.
HELD INVALID BY THREE
Majority Taking Opposite View Dis
agree as to Right of Each Party
to Three Candidates.

Springfield, ILL.,, Dec. 22.-The sena-
toriaI primary election law has been
found valid by the supreme court by
a vote of 4 to 3. but the views OF the
four are so at variance in the interpre-
tation of the act that they reached no
definite conclusions that will be of
value TO the public, the voter or cleo
ton officials.
Justices Vickers, Farmer and Cooke
hold that the senatorial primary act Is
wholly void and worthless. that it vio-
lates the constitution of the state In
that it abridges the right Of the voter.
Carried to its conclusion this opinion
of the three justices means that no
valid primary act can be passed IN
Illinois to govern the nomination of
members of the general assembly.
HAND SUPPORTS ALL PROVISIONS.
Justice Hand holds that the act is
valid. but that it cOnfers upon the SEN
atorial committee the power to fix the
number of candidates its party shall
nominate for the lower house, and that
this power is properly dedicated by the
general assembly without offense to
| the constitution.
Justices Carter Cartwright and Dunn
also hold that the act is valid, but that
/ il means the three highest candidates
| for member of the lower house, II
three or more are voted for, should be
certified as the party's candidates.
/ The delegation of authority to the SEN
atorial committee TO fix the number of
candidates its party shall nominate is
held to be. by these three justices,
merely a suggestion which the voters
may or may not follow.
The justices contend that each par
ty might nominate three candidates in
district and still the system of minor
ity representation would not be affect
ed or broken down e.
LAW WILL STAND.
The net result of the three decisions
is that the law stays on the books and
will govern future primaries.
The three justices who declare the
law bad devote great space to the dis
cussion of the system of minority rep
resentation. and in so doing go back
TO the records of the constitutional
convention of 1870 and quote literally
from the speeches of Joseph Medill,
who is considered the father of this
system.
Under the rulings the court will not
award a writ of mandamus compelling
the state canvassing board TO certify
three names in each district Nor will
the act be knocked out. for four be-
lieve il is valid. Justice Hand be-
lieves that the direction to certify
three names should not be given by
the court because the law is valid and
means that the senatorial committee
has the right TO fix the number of
nominees at less than three.
The three judges who are against
the law will not agree to issue of the
writ because they contend the act is
invalid.
The other three will be for the writ
in the future because they say the act
is valid and requires that the three
should be certified.
MADE ORAL ANNOUNCEMENT.
Espey, McInerney and others just be- /.
fore the last primary petitioned the
court for a writ of mandamus 10 COM /
pei the state canvassing board TO GER
tify three names as candidates for the /.
house in each district
The court made an oral announce /.
ment at the October term. stating that
four were against the issue of the writ. /.
In the opinions filed yesterday it is
found that Justices Vickers. Cooke and F.
Farmer believe the writ should not /
have been issued, because. in their (
opinion. the law is invalid. Justice (
Hand believed that it should not have
issued because the law, in his opinion.
is valid and confers properly upon the
senatorial committee the right to fix
the number of nominees, and the other .
three say the writ should issue because
the law is valid and provides that three
names shall be certified in those dis.
trtcts In which three or more were