Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1911-11-15
MANY STATE ACTS
Are IN JEOPARDY
Bills Passed in a Hurry by the
Illinois Legislature Are
Attacked.
MAY NEED A NEW SESSION
Supreme Court Confusion VIII Re
suIt-University Budget First
to Be Tested.

Springfield, Ill, Nov. 15.-Anoth-
er extraordinary session OF the leg
/ the state of Illinois out OF one of
the worst holes into which any state
! has ever fallen
| One special session gave up the
| ghost esterday-whether it was
! prorogued or adjourned is a moot
question for the country school de-
batting societies to decide-but an
other is not only imminent, but may
! be entirely essential to permit the
state government to prolong its eX-
/ istence.
LAWS THAT ARE INVOLVED.
Whether the special session is to
| be called depends in a large measure
upon a decision of the supreme court
which is expected by the middle of
/ December at the latest. The deci-
sion involves the invalidity of so
| many laws that have been passed in
the last 30 years, and especially in
the last four years, that it might be
regarded as the most important that
has ever been given by the court
The specific case before the court
is that of w. E. Neiberger against
James s. Mccullough, state auditor,
and f. z. Mitchell, treasurer for the
board of trustees for the University
of Illinois. The point at issue is
whether the appropriation for the
state university, made by the last
regular session of the legislature,
was legal.
BILL Is CALLED ILLEGAL.
The contention of the plaintiff.
which is really the Hahnemann Med
ical college of Chicago, is that the
university appropriation bill was not
legally passed because the bill was
conference committee report that
contained new provisions not embod
led in any of the original appropria-
ton bills.
Now the constitution provides that
all amendments must be printed and
distributed TO the members of the
house In which the amen0ment ls
made, and that the bill shall lie over
a day before It can be adopted. The
university appropriation bill was
amended in conference 10 minutes
before 1t was finally adopted on the
last night of the last day of the reg
ular session. Hence II is contended
that the bill was not legally passed
and is necessarily void.
ATTORNEY GIVES LIST.
While only the university appro-|
priation bill is involved IN that par.
ticular suit, the attorney general in
his brief has listed the important
bills that have been passed since the
adoption of the constitution in 1870
that would necessarily be illegal If
the university appropriation bill is
held unconstitutional, because they
were amended in conference and
passed Immediately afterwards, just
as that bill was passed. To amend
bills in conference and then pass
them at once has, in truth, been the
general custom of the legislature.
So if the university appropriation
bill fails, of necessity many OF the
most important laws of the state
must fall, among them the follow
ing:
GOVERNOR AWAITS DECISION.
The direct primary law; the state
civil service law, IdBI year amend
ments to the police pension law;
last years omnibus appropriation
bill, which makes appropriations for
all state departments; the revision of
the game laws; last years appropria-t
tions for the state charitable insti-
tutions, asylmus, etc; the bill pro- /
viding for new military armOries; /
all university appropriation bills; 4
the appropriations for the state 4
board of agriculture; the Cook coun-
ty civil service; the law putting all /
charitable institutions under the
state board Of administration; the
1909 amendments to the banking
act; the forest preserve Law.
There are scores Of other laws
that We're passed in tbS same way.
but what is Of particular importance
is whether the state can legally
spend the money appropriated 20
carry on it's ordinary affairs. Con
seuuentlv the governor is going TO
wait before calling another special
session until the decision is handed
down.