Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-12-15
DEMOCRATS CAIN
SENATE CONTROL
Board Finds Party Members,
Reported as Defeated,
Won Seats.
ONE HITCH IN THE PLANS
Dunno, Stevenson and Lucey Balk at
Report Made by Two Men
Will Consult Law.

Springfield, Ill, Dec. 15.-The opin-
! ion of Attorney General Lucey is that
the duties of the governor
ard secretary of state as men,
bers of the election canvassing
board are purely ministerial. The
opinion, announced informally today,
was the basis of an expression of be-
lief among politicians that the finding
of the canvassing board, which yester-
day voted to seat two democratic con-
teStantS in the senate, and one demo-
cratic contestant in the house, would
not be overturned by the governor,
who asked for ruling on the legal
status of the canvassing board.
In each instance republican won,
according to the official returns certi-
fed to the state board by county
clerks. Two CT the cases, both in
Cook county districts, involved seats
in the senate. The third concerned a
house seat from the Mattoon district.
Thomas F. Byrne, democrat, was
held to have won over P. G. Baldwin,
republican, for the senate in the
Eleventh district. Joseph Strauss,
democrat, similarly was given the ver-
dict over Henry NJ. Austin, republican,
for the senate in the Twenty-third dis
trict. Robert Howard of Mattoon,
democrat, was held to have won over
L. Walter Green of Kingsbury, republi
can, for the house in the Thirty-fourth
district.
The action of the board caused a
sensation among politicians. Its chief
significance lies in the fact that the
addition to two democrats to the SEN
ate membership gives that party con-
troll for the first time in many years.
Also the complexion of the senate
probably is changed from dry to wet.
There still remains legal complica-
tion before the three democrats can
get certificates of election;
The report of the state canvassing
board was signed only by State
Auditor James J. Brady and State
Treasurer William Ryan, Jr. Two
members of the cainvassing board con-
stitute a legal majority although
state officials have hand in the can
vass. The law provides that ''the sec
retary of state auditor, treasurer and
attorney general, or any two of them, |
in the presence of the governor" shall
canvass the vote and that 'the persons |
having the highest number of votes |
shall be declared duly elected
After at least two state officials shall |!
have issued the boards report it then |
is the duty of the governor under the |
law to issue certificates of election and
to cause the secretary of state to pro- |
claim the results.
Case Comes to Courts.
iad in
to the supreme court, Attorney General |
Lucey arguing before the court that |
the Deneen board had no authority to
go back of the returns furnished by !
county clerks. The supreme court |
upheld the action of the republican |
board, the three democratic justices
dissenting from the majority opinion
given by four republican members of |
the court.
Before yesterdays action by the
state board the senate membership
was made up of % democrats, % re-
publicans and one progressive. 20 be-
ing a majority. The republicans would
have been able to control by getting
the aid of the progressive.
If the boards action stands. the
senate will be composed of 81 demo
Gratis, 23 republicans and one progress
sive
The republicans will control the
house by a narrow margin. They |
would have had 79 members if Green
had been given a certificate, n being
a majority. Yesterdays action will
give the republicans rs members, the
democrats, II. the progressives two
and the socialists two.