Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1911-12-21
Enactment Of Measure by
Last Legislature is
Held Valid.
3 JUSTICES DISSENT
Members of Rock Island Body
Say Many Delayed Projects
viii Be Pushed.
espsoaai to The Argus.)

ing cities the authority to adopt the
commission form Of government and
prescribing the duties Of the mayor
and the commissioners was pro-
nounced constitutional by the supreme
court In an opinion handed down in
the case of the city Of Springfield. ap-
pellee, against Charles H. Edmunds,
county treasurer of Sangamon county,
appellant. The supreme court afhrms
the Judgment of Judge James A.
Creighton Of the Sangamon circuit
court.
MANDAMUs SUIT BROUGHT.
The city Of Springfield had brought
suit in mandamus to compel Edmunds
to turn over to the city money of the
city which he had collected. He re-
fused to do so on advice OF Attorney
General Stead and States Attorney
Burke. Edmunds alleged the commits
sion form OF government was uncon-
stitutional, claiming that the bill had
never passed the senate legally be-
cause the senate had receded from
its amendments by a vive voce vote,
and also that the act is incomplete in
itself, and that II makes an intermin-
giingr0c D6tK rhe old Cities and We
lages net 7Soich. BY Its title, purports
TO be an amendment, and the commits
sion form of government TO make 1t
a complete act upon any one sub
ject or upon distinct branches of the
general subject Other minor objec-
tions were urged TO the act.
THOSE DISSENTING.
Judge Creighton issued the writ of
mandamus asked for by the city and
Edmunds appealed to the supreme
court.
Judges vickers, Farmer and Cooke
dissented.
NOT SPECIAL LEGISLATION.
CBy Associated Press)
Springfield, Ill, Dec. 21.-The ILL
nois supreme court this morning up
held the constitutionality Of the COM
mission form OF government law.
Justice Cartwright wrote the opinion
Affirming the decision OF the Sanga-
mon county circuit court sustaining
the commission law. Dissenting opin-
ions were filed by Justices Vickers,
Farmer and Cooke.
The majority opinion holds the act
Is not unconstitutional because the
senate did not formally adopt II after
receding from its amendments. 1t
also denies the law deprives the voter
the constitutional right involving the
court holding he has a right to vote
for as many candidates at a primary
as at a regular election. The court
holds the act was not special legisla-
ton because the adoption OF the COM
mission form is optional. Cities have
the right 20 regulate their own af
fairs, and the law therefore does not
conflict with the republican form OF
government. the court declares.
NO OTHER LAW REVIVED.
II also denied any other law had
been revived by the act. The dissent.
ing judges declare that having
stricken out all house bills after enact
ing the clause Il seems unreasonable
TO hold the vote for the substituted
bill was a passage OF the bill that had
been bodily stricken out OF thai
amendment. They declare they have
not considered any constitutional OBJ
lection upon the assumption that II
was regularly enacted.
PROCEDURE NOT PRESCRIBED.
''The constitution does not prescribe
any form OF procedure for the fna
passage OF a bill other than the re
quirements of section -" says th'
majority opinion, "and the view Of ths
court has been that any action evi
dencing an intention 10 enact a bill
into law. where a vote is taken b,
yeas and noes and entered upon tbs
Journal. Is final passage OF a bill. The
senate had voted for a bin with al
amendment. and by a second vote
taken in the manner required by tbs
constitution, removed the amendment
leaving the bill as passed by th'
house.
CITES CoUNSEI's POSITION.
1T is contended the act deprive,
the voter Of his constitutional righ
by not permitting him 20 vote at I
primary election for more than on,
candidate for mayor. although tw,
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