The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1910-10-16
petition
IS DISMISSED
MANDAMUS TO COMPEL CERT
FLYING THREE LEGISLATIVE
CANDIDATES c-T.TED.
PRIMARY LAW IS VALID
Case Decided by Illinois Supreme
Court Yesterday Being Simply
An Interpretation Of
the Little Law.

Springfield, H., Oct. Outstanding
four to three, the supreme court mere
oday dismissed the petition OF Chas.
NJ. Espey and Joseph A. Mclnerney
for writ OF mandamus directing the
state canvassing board to certify the
names Of three candidates for the
lower house of representatives, and
upheld the number of house nomina-
tons decided on by the senatorial
committees in the various districts
before the primaries.
The decision does not pass upon
the constitutionality Of the Little pri-
mary act covering nominations for
the legislature. 1t is an interpreta-
ton of the act. Justices Wicker,
Hand, Farmer and Cooke voted for
the the petition.
LAW NOT ATTACKED.
Springfield, Oct. r5.--attorney Da-
yid X. Tome, in his argument before
the supreme court on behalf of Chas.
NJ Espey and Joseph A. Mclnerney
who ask writ of mandamus direct
ing the State Board of Canvassers to
certify to the nomination of three
candidates to the lower house in each
senatorial district, did not claim that
the new senatorial primary law is
unconstitutso nal, but that when it is
correctly Interpreted it means that
the Canvassing Board must certify
the names of the three candidates
receiving the highest number of votes
in each senatorial district.
The case was argued on behalf of
the state by Assistant Attorney Gen
eraI Charles E. Woodward and Repre-
sentative George H, Wilson Of Quiu-
icy, author of the Housebill, Ross G..
Hall, representing John J. McLaugh-
lin. who was declared by the State
Canvassing Board the Democratic
nominee in the Nineteenth District,
and who has filed an intervening
petition, also addressed the court
"A decision is expected tomorrow
or Monday morning, The State Board
of Canvassers will meet tomorrow in
anticipation of a decision, in order
that If the writ is ordered they may
promptly certify the names of three
candidates for the lower house in
each district.
Court Denies Further Petitions.
The court practically said no more
petitions for mandamus would be
heard when the motion of Seth II.
Noble of Bloomington was denied.
Noble sought action against the can
yassers to certify the names of
three candidates on the Republican
| ticket be certified in the twenty
district The court held that the
Question raised by Noble was invoIv-
ed in the cases now pending. Noble
alleged, however, thar the senatorial
committee, being created by the pri-
mary act of 1908, declared unconsti-
tutional by the supreme court, had
no legal existence.
| David X. Tome, who appeared for
| McInerney, said:
| I'VE do not claim that any part of
the primary law Is unconstitutional,
On the contrary, we claim that the en-
tire act is constitutional, and that
when correctly interpreted it means
that when three or more candidates
L M Il haI IN+
and are voted for the candidates re
| ceiving the highest number of votes
should be declared nominated We
claim that that part Of the senatorial
primary law that gives to the sena
toria committee power to fix the
number of nominees was intended
merely as declaration of the part
policy, but was not binding upon the
voters N that when primary day comes
the party voters can follow the de
claration of the senatorial committee
or they can disregard it, and place
in nomination as many candidates a:
they see fit.
Minority Representation in Jeopardy
Minority representation can no
, exist at primary unless two O
more nominees of the party ar.
selected. The very object of minorit.
representation, as guaranteed by thu
constitution, at primary election il
to enable the minority faction to cul
inmate its votes upon a single candi
date so as to secure one out Of thre
nominees of the party. Inasmuch a
the statute guarantees the right @
minority representation at primaries
this, we claim, means the right T.
7 have three nominees OF the part
chosen from every senatorial district
This is the only way that minorit,
representation, which is proved TO
lin the senatorial primary law an
guaranteed by the constitution, ca