The Daily Review from Decatur, Illinois • Page 1

SUNDAY REVIEW 1 to 12. Thirty-Sixth Year. DECATUR, ILLINOIS, SUNDAY MORNING, JUNE 14, 1914. Price Five Cents. 165.

JUDGES VOTE 4 TO 3 TO UPHOLD WOMAN SUFFRAGE State Supreme Court Divided On Legality of Law--Dissenting Judges Say Legislature Exceeded Its Power. Springfield, 111., June Illinois woman suffrage law, passed by the forty-eighth general assembly and giving women the right to vote for all except constitutional officers, was upheld by the supreme court in a decision announced late today. The court was nearly evenly divided, Justices Craig, Cooke and Farmer dissenting, while Justices Carter, Cartwright, Vickers joining in the majority opinion upholding the constitutionalty of the act. DUNN WRITES MAJORITY OPINION. The majority opinion was written by Justice Frank K.

Dunn and was based upon the principle that the main question presented in the case at bar was decided some years ago in the case of Plummer versus Yost, 144, 111., 68, in which the right of women to vote for certain school officers was attacked- This case was decided in favor of the women by the Illinois supreme court nearly thirty years ago. LEGISLATURE HAS POWER. Justice Dunn's opinion holds that the legislature has the authority to confer the power upon women to vote for all officers created by statute; that the legislature has the authority to empower women to vote on all questions or propositions submitted to popular vote in any political subdivision, other than those questions which the constitution provides shall be submitted to a popular vote, such as constitutional amendments. MAY VOTE ON ALL QUESTIONS. The act of 1914 apparently gives women the ballot on ail propositions in addition to the right to vote for certain officers.

This section is held by the majority opinion to be unconstitutional, the court holding that the questions provided for in the constitution to be submitted to popular vote to be subject to the same construction as the officers defined in the constitution, and upon which only men may vote. The only school officers designated in the constitution, and upon which women are not allowed to vote are the state and county superintendents. MAY VOTE ON LOCAL OPTION. The majority decision holds that women have the right to vote on local option questions, inasmuch as such questions are not mentioned in the constitution. In other words, the court holds that on all questions and officers provided for by the legislature, that the legislature has the power and authority to say who shall vote upon such questions.

Justice Farmer takes the position in a brief dissenting opinion that the Plummer versus Yost case did not apply to the question involved. DECISION UNEXPECTED. The opinion came down today very unexpectedly as the June term of court does not adjourn until next Tuesday or Wednesday. No explanation was made by the court, but it is understood the court anxious to dispose of the case because of long delay and the importance of the decision. The first contention made by an appellant was that the act is a violation of Section 13, Article 4 of the constitution because it amends the general election laws but does not insert in the new act the.

section amended. ACT COMPLETE IN ITSELF. act," says the majority opinion, ''does not purport to amend -or revive any other act and it is complete In itself." "The right to determine who shall vote rests with the legislature and rot with the courts." declares the opinion of a majority the supreme court, ''and the courts have no right to interfere with the acts of the legislature unless such act has been clearly prohibited by the constitution. It Is elementary that the right of suffrage is not a natural right but exists only Toy positive law; that the constitution is not a grant of authority so far as the legislature Is concerned but Is a limitation of legislative power, and that the legislative power of the general assembly is unlimited except by such restrictions as tha constitutityi has Imposed In express terms or by necessary implication. It is also true that the constitution has prescribed qualifications of electors they cannot be cha'nged by the legislature.

"Xone of the officers named in this act is mentioned in the constitution all have teen created by statutory enactment." LIKE ACT OF 1S91. i The majority opinion further calls, attention to the fact that the act of i 1891 extended the right to vote i public officers to women in the same ftianner as the act under consideration, The majority opinion concludes with Or. emphatic declaration of the court's to follow the prior decisions of the court Which constitute ''the highest evidence eZ n-hat law Is." DISSBSTIKG OPINION. In his dissenting opinion Justice Farmer contends that: "When the constitutional convention acted and prescribed qualifications of voters 'at any the lagisla- ture was left no power to provifc different for voters elections for officers created by It. can understand the constitution In TIB ether dense than it was ths tfitention that the right to vote 'at any election' which is the equivalent of 'all elections' should be limited to those possessing the qualifications defined in Section 1 of Article 7.

"I concede my views are not In hor- stable, Justice of the peace, or police magistrate, and then leave it to the legislature to say that not only females, but even aliens, non-residents and Infants, might vote for the- Important offices of presidential electors or member of the state board equalization. "I think It clear, from a consideration of the constitution itself, that the right of suffrage at all political elections was meant to be extended only to male citizens above the age of twi ty-one years, and that the words 'any election' refer not only to such elec tlons as are provided for by the constitution, but to such as are provided for by the legislature. IN OTHER STATES. "In a number of the states of the union suffrage has been extended to women upon equal terms with men, but In each instance this right hns been conferred by express constitutional provision. In some of the states the right was conferred by the original constitutions adopted at the time suoh states were admitted to the union.

In six states having i tions similar to ours it was deemed necessary tolbmend the i i In order to confer this right of a upon women. NO OTHER LIKE ILLINOIS. "It Is i i i a that In no instance did the legislature of any of those tates assume to have the power to extend the right of suffrage In the absence of express constitutional a ity." Taking the PJummer vs. Yost case cited in thp a i opinion. Just i Cooke says: ''The most casual a i of the Yost case should be i i a fourt did not consider the question here Involved, but a the of the Michigan case controlled the conclusion there reached It is i improbable that the court meant to hold as the a i i it i i out a discussion of the a imp a point? involved.

An i i ma-king- a holding- of such i a and fraugrhf i such consequences should a i a basis of its conclusions i such a it would leave no doubt in the i the reader. This the court evidently failed to do, and. we should now place that construction unrm Tost case which is in harmony with the plain language of the i i LEGISLATURE WITHOUT POWER. my opinion the legislature is without power to presrrlbe any i ent a i i a i for fleet or for litical offices a those prescribed by the con i Jen. If it desired r.v tho people of the state to i a i i a i and to extend the i of a it must be done by way of an a 10 the i i "In my opinion tho legislature 1 clc-ar- ly exceeded its a i tho pasF- ago of the act in question, and dc-croe of the superior court should be reversed." HISTttRY OF CASE.

Suit Wnu Ftlcil In Court at Ctiienso. Superior Springfield. The cuit filed in the superior court in Chicago William J. Scown as a taxpayer demanded the the election commissioners of that citv forbidden to incur expense in providing facilities for women voting at the February i a i 1914 on the ground that the wo an suffrage act passed by the last les- slature was i i a and void. The bill was dismissed for want of equity by the superior chancellor and an appeal was promptly pra.y- ec in the supremo where arguments were heard ana i filed.

ELECTIONS HELD. During the pendency of the appeal the spring elections were held throughout the state, including the township ejections in which the local option question was raised in nearly SCO townships. At these elections thousands of women voted and sixteen ounties and more than a hundred towns were added to the dry column through the of Illinois women. Women's Clubs Delegates Cheer Wildly News That Suffrage Law is. Valid.

SCOWL'S CONTENTION. Counsel for Scown contended that mony with Plummer versus Yost. That the woman's suffrage act in effect was case, I think, supports the opinion of an amendment to the constitution and the court in this case, and if my view as such could not be sanctioned by law. prevailed It would necessarily that decision. For that reason I have felt reluctant to oppress my dissent.

AMENDMENT NECESSARY. "It is my belief that It was not within the contemplation of the framers of our constitution that the legislature should have power to prescribe the qualifications of voters, but that until the constitution Is amended, voters at all elections, whather for constitutional or statutory offices, must possess the qualifications prescribed by Section 1 of Article 7." "CONTRARY TO CONSTITUTION." In his dissenting opinion Justice Coobe emphatically declares his belief that the suffrage law la in conflict with Section 1, Article 7, of the constitution. He contends the question for th court's consideration was one of construction and that the question whether it is wise or unwise to restrict the right of suffrage should not concern the court in rendering this decision. "It eeems to me to be that the members of the constitutional convention in submitting this instrument, and the people in adopting it, intended that the right of suffrage should be restricted to male citizens of the age of twenty-one years and upwards for all offices created by it, whereas tha qualifications of voters for any other office which had theretofore been or might thereafter be created by statute should be determined by the legislature. It IB highly improbable that reasonable men should determine that no one except male, citizens above the age of twenty-one should have the right to vote for con- The section cf the suffrage act permitting women to vote "upon all questions or -propositions submitted to a vcte of the electors.

1 was attacked as a direct violation cf the provisions of the constitution. The point also raised that the frage act in reality amended the general election laws although no reference was made in its title to its amendatory effect, as is demanded by law. DEFENSE PLEAS. Counsel for the Illinois Equal Suffrage association joined with counsel for the Chicago election commissioners in defending the law and contended that the provision relation to ''propositions submitted to a vote of the electors," should be construed as meaning those propositions not covered specifically in the constitution. To the general argument against the constitutionality of the act the defenders Of the measure replied that Scown's attorneys "sought to reopen the entire question of women voting and turn the clock back twenty-two GLOOM PROPER IN TAYLORVILIE Taylorville, June was gloom proper in Taylorville tonight as a result of the supreme court's decision declaring the suffrage law constitutional.

''What are wo poor wets going to do now?" said one. "I empty business houses will fill up with splendid business enterprises like they always do during a drouth," he continued. Gloom stuck about in layers in the downtown district but the drys were jubilant. Chicago, to the convention of the General Federation of Women's Clubs had scarcely regained i tranquili ty after a i woman's a in principle toda: and settled back i traditional line when the calm was again shattered It occurred when the news came from Springfield a the: supreme court the i i a i of the suf In Illinois. SMOLDERS LIKE FUSE.

The i had a hard time reach ing the delegates and like a bomb with a a fuse It smoldered on the chairman's table for i i be-fore explosion. This was due I rigid a i designed to main lain i and the a i pro tec i the speakers. SIZZLING. The corridors outside were sizzling i news and the hissed, "shooshes" doer women had i effect i did the cards marked "silen black i bobbed i a 'in a cash register at everj outburst, but inside the a i i the delegates in contented ignorance DRAMA EXACTED. Miss Mary Gray Peck oi Illinois, to the fore.

There was of applause hut held up her land: 'Must- a please." she commanded. "It is i i a I should preface my address with something a a i for my subject Is the na- ional expression of American life in ur a SHE READS. Then the a line a i w-hich followed was a greatc-r a a i greeted ho of a resolution a i in day and most of the women up to emphasize their de- Ight. OPINION? DIFFER. i i i as to the effect, of en dors cf equal suffr.i lr? L.

a of Phila i a a i of the federa- nn, ch.iractc-rizM it as a "step fcr- 1 1 Graco i Trcut, president of tho a i Association of Illinois, 3 5 i a a the endorsement was "only "in principle-" It was bound to have educational effect and to prove a moral force for the cause among the million women dir or indirectly connected with the fodr ratiori. SATURDAY IN CONGRESS June 13--The day Washington, congress. SENATE. Mat at 11 a. m.

Senator Newlands reported the Senate federal trade commission bill as substitute for the house measure. Oil pipe line managers opposed Senator Gore's bill to make them common carriers. Adjourned at 5:40 p. m. to noon Monday, HOpSE.

Met at noon. Debate waa resumed on the appropriation bill. Speaker Clark signed the Panama tolls exemption bill and it went to the Senate for signature of the president pro tem before going to the white house. Disagreed to conference report on District of Columbia appropriation bill. Adjourned at 5:35 p.

m. until noon Monday. inrsTTHT ri Pass Next March Through Panama Canal to Golden Gate. Washington, June 13--President Wilson next March personally will lead the greatest i a i a fleet of warships ha? ever seer, from Hampton Road? to Colon, to participate in the formal opening; of the Panama canal by pa'ssing on the bridge of the world-famous old a i Ore- jror. as leader of the lone line of fighting- a of all nations.

He will then, a proceeding a enter the Golden Gate at the head of this immense Armada, and axtend the Panama-Pacific Exposition at San Francisco. This announcement was made today by Secretary Daniels who has been a long time to bring this notable program about. The countries that already have accepted the invitation to take part In the parade are the Argentine Republic. Cuba, France, Germany, Great Britain, Italy, Japan, Portugal and Russia. Spring-field, June Auditor a today licensed three new banks.

They are: The Merchants State Bank ot stock, organized by John P. Casey, James -Casey, Frank J. Klein and Meyer Wise. The Phillip State bank of Chicago, capital organized by Peter FhilHp, Henry D. Irwin and Frank A.

Turner. The Gibson City State bank. Gibson City, Ford capital organized by John A. McClure. W.

A. Davidson. J. E. Merritt, Mark R.

Kaplin and Guy K. Merritt. Bloomington Man Was Vice President Under Cleveland. Chicago, E. Stevenson, vice-president of the United States the second Cleveland administration, died here late tonight at a hospital after an illness of seven months.

His three children were at hia tied- when death came not unexpectedly. LONG CAREER. Adlal Ewlng- Stevenson, had a long and honorable public career. He was vice president from 1893 to 18P7 under president Grover Cleveland. In 19 00 he again was nominated by the Democratic party for vice president and ran with William J.

Bryan, the party's candidate for president, nut was a He served a member of the -1-Hh ru 1 4 congrcssess, P'rom to served as first assistant postmaster general president Cleveland. RAN FOR GOVERNOR. Hie last appearance as a candilate for i office was when ho vas -nominated for governor of Illinois by the Democratic a arid was do- a by Charles 3. Dotneen, i can. He was born in Christian county, U35 of Scotch-Irish parentage.

In 1S53 i parents moved to Bloomington. 111. He attended tho public schools and I i i i sity. In he a a from Canter college. Danville.

Ky. There he was a classmate of Joe Blackburn and other youths who later became prominent In public life. He signalized the close of his college career by a i a daughter of Dr. Lewis W. Green, president of the college.

LAWYER AT BLOOM1NGTOX. After leaving college Stevenson returned to Eloomington. 111., and read law. He was admitted to the b.ir in 1S.5S and began legal practice at Meta- rrtore, 111., where he- remained until During these ten years he the office of master in chancery four years and district attorney for a similar period. In 1SGS he returned to Eloomangton and formed a law partnership -with his cousin, James 5.

Ewlng and for many years the i was one of the best known in Illinois legal circles. IX POLITICS 50 YEARS AGO Stevenson's political career date from 1S64 when he was a presidential elector on the Democratic ticket. He made a canvas of Illinois in behalf of the McCellan ticket and won a reputation as a political orator. 2,000 Refused to Recognize Their Own Union--Butte Under Armed Rule. Chicago, June A.

Urwan. partner of Mack K. Higginbotham in vhat is said to be one of the greatest ottery schemes ever brought to the attention cf the government, was 11 rested here today. Hibbinbothrvm vag taken into custody last night. According to the attorney, he two promoted the Railroads Un- n-proved Land, association here, rent- ng half a floor in a large office build- ng and employing twenty stenogra- ihers.

The association represented it 'wned 76,000 acres near St. Louis. For a person would be given a chance i drawing tract of from ten to 160 cres. Victims wh; failed to draw land entitled to 100 shares in a 3,000 ere orchard which had been planted at cost of $450,000, the promoters said. JUDGE CLARK QUITS BENCH Springfield.

June state su- court today accepted the latfon of Judge Thomas Clark of ranch appellate court, first dis- rict. Martin Gridley was promoted rom branch to branch and Hugo Pam was appointed to branch D. Butte, June 13--Butte tonight is virtually under armed rule with its saloons that have not been closed in years except on election days locked and with every hardware store cleared of arms as a result of riots i the day--miners' i day--the thirty- anniversary of the establishment of the i in this camp. The miners' union with a of 9,000 members is divided against itself. I.

W. W. THERE. More than 2,00 men have refused to recognize the i and under the leadership of agitators of the Industrial Workers of the World, the se- ceders this morning attacked the i ers' i parade, composed of more than half the labor bodies of the city. KNOCKED OFF HORSES.

President Bert RIley of the union and parade Marshal Michael Con way were knocked from their horses by a volley of stones from the rioters, Other i cers of the union were chased from the line of march and took refuge in the i office at. the court house. A UP FURNITURE. The parade was broken up and the speaking exercises In the theater aban- doned because of the stormy street scenes, the rioters moved on the union hall in the center of the city. Every! piece of i in the i i was demolished and Into the streets.

The ballot boxes containing the 4.SO' 1 votes cast at the recent election of un- on i i a not yet been Counted, were destroyed and i con- emptied i the street. ALDERMAN SERIOUSLY HURT. A a a Curran. acting mayor of the city, a Socialist, went to the union hall to appeal to the rioters to disperse and was thrown from a second window to pavement. He was taken to the hospital severely injured.

Ton a persons witnessed the demonstration. Police and the sher- i i were powerless, Tonight the disgruntled faction of i held a meeting In the a i i to take steps toward the format i of a new minors' union under the Industrial Workers of the World. HOW TROUBLE BEGAN. The trouble began over the dissat- i a i of the miners with heavy special assessments levied against them by the officers of the Western Federation of Miners and the local officials as i for the Michigan copper mine strikers. Some the- miners were said to be paying as high a-s eight to ten dollars a In assessments.

More than 1200.000 had been sent from Butte to Michigan. Although tho strike there has been called off the assessments continued. Men failing to pay the assessments were disfranchised at the recent union election. The seceders from 'the union declare that by tomorrow i when the mines roopen the union will not be able to i more than a fraction of the number of men necessars' to operate the mines and that the companies will have to look to the new organiza tion. TO TAKE VOTE.

The insurgent members, at a mass meeting- late tonight, decided to take a vote on abolishing a system of presenting- union cards when appearing at for work. The system was one of the causes of today's riot. Before the meeting 400 of the rioters' wrested a large safe from a score of policemen at the ruins of the miners' headquarters, carted it to the flat below the city and dynamited it after driving the sheriff and his deputies from the ground. A wagon load of policemen stood off at a distance while the safe was being dynamited. Italians in Northwestern Italy Secede Troops.

May Soon Quell Rebellion. Rome, Italy, June Italian public was proclaimed today by people of several towns bordering on the Adriatic, In northeastern Italy. Several persons were killed in clashes between the troops and rioters. LIKE FRENCH REVOLUTION. In some towns like Fabriano and Rimini, scenw similar to those of the French revolution were enacted.

Inhabitants, misled by reports Issued from the headquarters of the anarchist committee at Ancona, an important sea port on the Adriatic, to the effect that a revolutionary movement had successful In overthrowing the monarchy, substituted for the national flay the black banner of the peasants' league. NEWSPAPERS BURNEJD. All the newspapers were burned the moment they reached those towns In to prevent the people from knowing- the real condition of the country as the revolutionary leaders had stated that King Victor Emmanuel had escaped to Montenegro, that the revolution. had mastered the entire peninsula and that the troops had Joined with tho people. The tension caused by the general strike was ameliorated somewhat by the announcement that the syndicate of railway workers had abandoned the movement, EXPECT TO RESTORE PEACE.

The mot serious situation now exists in the province or Ravenna, where i a and small towns are being ruled by the local republican committees i have armed the giving the ignorant masses the impression a any kind of violence will be permitted. Ten thousand soldiers are being spread the province and It Is expected that a will see peace restored. TWO RIOTERS KILLED. i the day two rioters killed at Adria and a demon- rant was killed at Parma. At Fabrian a soldier and a i were fa- a and two other strikers injured.

At Milan four officers an-i j-several soldiers were wounded. At Porta Capuciana, twenty-three po- I Hcemen and i carabineers wounded In a i with strikers while two of the rioters down, BURN" A CHURCH. One of the worst excesses occurred at the village of Sant'Agata. noar Lug-o. where rioters attacked the city hall and burned a church after drenching- the doors and other wooden parts of SALVATION ARMY MARCHES IN LONDON London, June delegates to the world's congress of the Salvation Army, bearing the flags of all nations and with many of the delegates from native tribes, wearing their national dress, today marched through London to hold a great demonstration In Hyde Park.

The large American contingent, with Miss Eva Booth at its head on horseback, was enthusiastically received. TEMPERATURES Chicago, Boston Buffa-lo York N. Orleans Chicago Detroit June Current Highest Lowest ..70 ..62 72 ..86 ..61 ..68 Omaha g2 it. Paul 60 Helena 52 San Francisco Winnipeg 72 SO 92 62 72 S2 62 the i i with petroleum and ben- si ne The curate, a being forced to givo the rioters all the wine In the cellars of the church, was obliged to follow the mob. He was even undressed and his gow burned in square in the center of the town.

There has been general destruction of churches and the cutting- off of water supplies, and In many placep tbe streets have been barricaded. Jt will undoubtedly take much energy on part of the authorities by the aid ot large bodies of troops to bring- about a resumption of normal conditions. How many persona have been killed or wounded cannot be estimated but have been received from various points Indicating constant clashes between revolutionists and eoldiem. ATTEMPT FRUSTRATED. The attempt of tho anarchists, republicans and to deal a blow to monarchical institutions was frustrated because of the refusal of the railway men to bring about strike which wauld have virtually paralyzed the forces of the government; bdcuie of a great majority of the population refused actively to follow them and because the army gave a i example of loyalty.

The troops are "now completely In control of the main centers of the insurrection--Ancona, Fabriano, Ravenna, Forlia and Parma, Train service has not been interrupted to any great extent, although many of the provinces are still infested with revolutionists who are destroying the railroad tracks, stations and bridges and damaging- public buildings. THE WEATHER. Chicago, June a the weather indications until 7 p.m. Monday. ho TV and tbuB- derfttorrog Sunday except fair In es- treme Mouth portion: Monday profe- aUIy (air; what warmer hi north and central portions i moderate cortheagt to cast Local Observations.

Following IB the range of recorded by Professor J. H. Coonradt, Plates weather observer: SATURDAY. 7 a. TO N'oou 7B 7 m.

TO Highest 84 Lowest Precipitation Sun rises (Standard time). ...4:27 Sun sets 7:25 iNEWSPAPERl iWSPAPERI.