The Cairo bulletin., 1910-03-08
sTEAD'S OPINION ON THE HAMiL
ToN-sTAYMATEs BILL JUST
PASSED.
MAY Be A VITAL FLAW
Objects to Section Regarding Nom-
nation Of Candidates for Legis-
iature--No Money for
Economy Case.
Special to The Bulletin.

special TO The Bulletin.
Springfield, H., March IA con
tradiction in the provisions of the
Hamilton-Staymates primary bill
passed by the general assembly at Its
special session just ended, may prove
a vital defect. Attorney General
Stead this evening rendered an opin
ion to Governor Deneen, at the lat.
ter's request, regarding the new pri
mary law.
The attorney general recites that
the section regarding the nomination
of candidates for representatives In
the general assembly which the SUI
preme court declared unconstitutional
in the Oglesby bill after which the
new law is patterned, has been
eliminated and that the provision re.
garding registration, which the SUI
preme court also declared unconstitu-
tional, had been amended by making
provision for registration of all
primary voters who are not regis
tered. He then says that whether
the bill Is free from other valid con.
stitutional objects he expresses no
opinion Aside from the question of
constitutionallty there is one feature
to which he calls the attention OF
Governor Deneen. however.
Section 43 provides that primary
eleetor may participate in the pri-
mary of purely city or village politi-
cal party without losing his right to
participate in other primaries of his
party and he says this clause is
liable to prove deceptive to a large
body Of voters for the want Of the
right to participate in the primaries
of a purely city or village political
party is not as broad and extensive
as it appears. In support of this
contention the attorney general calls
attention to section 45, which pro-
vides that before a challenged voter
can vote at the regular primaries of
his political party he must make af-
fdavit that it was city or village
primary he voted with purely city
or village political party, than at
such city or village primary his own
political party made no nominations.
The attorney general also holds
that the bill which establishes
miners and mechanics institutes un-
der the direction of the trustees of
the University of Illinois and which
was strongly advocated by the state
miners commission, Is invalid be.
cause the subject matter was not
covered in the call for the special
session.
Governor Deneen, under an opinion
rendered to him by Attorney General
Stead will be compelled to veto SEN
ate bill No. appropriating $4,000
for carrying the appeal of the state
of Illinois in the Economy Light and
Power Company case from the SUI
preme court Of Illinois to the supreme
court of the United States.
The attorney general holds that the
bill is contingent" expense of the
government; that it increases the ag-
gregate amount of the appropriation
for the contingent expenses of tho
government made at the regular SEES
sion of the Forty-sixth general as
sembly and that to pass such a bill
would dequire the votes Of two-thirds
of the members elected to each house.
Lieut. Governor Oglesby signed the
bill, thus certifying that 1t received
the votes of constitutional majority
of the members elected to the senate,
but at the same time he wrote over
his signature statement as to, the
number of votes which the bill re.
ceived in the senate, which was twen-
ty-six, not two-thirds of the members
elected but bare majority.
Tho Cairo puIIptin is a mpmher of