Safe? Morning, July 19, 1914. T H E D E C A T U R R E V I E W Page Fifteen States Attorney Gets Attorney General's Opinion. LAWS ARE QUOTED f\ll Say Explicitly Men Must Be Called. ' State's Attornes J. L DecTc was right *hen In answer to a question put to him while addressing a recei t meeting, he stated that the enactment of the woman suffrage law did not prlve m omen the right to sit on juries in justice courts or courts of recoid REPLY RECEIVED. A sub-committee from the women's organization waited on Mr Deck and asked if he would write to the attorney peneral for an opinion While his own inswer to the question mlprnt have been correct It was unsatisfactory, and thev wanted the word of the attorney genera! on the subject Mr Deck did j; requested, ana Saturday he received the following opinion from Attorney General Lucey: "You Inquire 'under the act of the legislature at the last session, are women competent to sit as jurors before lustice of the peace in civil and criminal cases'" LAW QUOTED. "In replv to your question I assume that j o u refer to the late act of the lesislature extending limited rieht of suffrage to women, in addition to the rights of suffrage heretofore enjoyed bv them, and will say" that Hiird Â« re- Msed statutes of 1912, pasje 1416. chapter 79. paragraph 4S provides: " 'In all cases of trial before a justice of the peace either partv mav have the cause tried bv a jury if he shall so flemand before the trial Is entered upon, and -will first pav the fees of the Jurors. The number of jurors shall te six, or any greater number not exceeding twelve, as either partv may desire 1 "This paragraph evidently refers only to c h l l cases before justices of the peace Paragraph 167 of the same chapter, page 1451. provides 1 'The person accused may have the cause tried bv a jurv lipon the same conditions, and the j u r y shal! be summoned and Impaneled in the same manner as in civil cases before justices of the peace The de'endint shnll not be required to advance anv j u r v fees' 'This relates purelv to the trial of criminal cases before justices of fhe peace MEN' TO BE SUMMONED "Paragraph 49 of the same chapter pase 1436, in part provides' ' The writ for summoning: Jurors may be in the following form State of Illinois, countv, ss The people of the state of Illinois, to an' cotnstable of the said county, greeting We command you to summon lawful men of jour countv to appear before me," etc 'Paragraph 50 of the same chaptei. pare 1436, provides, among other things that jurors before Justices of the peace shall possess the same qualifications as jurors in courts of record ' T h e constitution of 1S70, article " rarasrarli 5, to be found in Hurd's re\ i s l stititÂ»s, 1912, page S4, provides "'Thf T i g h t of trial bv jury as heretofore rnjovHl shall remain inviolate but the ti !nl of civil cases before Justic s of the poace bv a jury of less tlnn t Â» r \c m^n n av be authorized bv law Par.urnnhs 1 and 2 of chapter 7S T R K e 1420 H m d s revised statute 5 1312 p i o v i d e that tne qualifications of j u r o r s shall be first that they be le- K-M vote's of e a c h town or precinct In rho ootintv , se"ontl, inhabitants of the t o w n or Dieemct not exempt from c n r v i n c on june 1 - third of the afre of t w e n t v - o i e v e a r s or upwards and un- aer si\t -fi e a n d other qualifications not r m t i r n l to be stated here. COt U l S \ I D HEX. "The supreme court of Illinois, in in- terpreting the meaning of the constitutional provisions above quoted. In the case of George vs. People, 167th 111, 447, holds that the right of trial by jury, guaranteed by the provision of the constitution above quoted, is the right of trial by j u r y as It ezbted at the common law, and on pase 457 ot the opinion the court said: "'A Jury of twelve men must be Mo- paneled, and any leas would not be a common law j u r y ' "See also Moody vs Pound, 208 111., 78, and Ross vs Irving, 14 111., 171, where the constitutional provision *^^ essentially the same as It now is WOMEN NOT QUALIFIED. "Women, at the common law, were not q u a l i f i e d to sit as Jurors. "The constitutional piovision above quoted has never been amended or changed. Neither has the statute pio- vidmg the qualifications for jurors been expiessly altered or changed, and, jf changed at all, it has been done onlv by the I m p l u c l repeal or amendment to thos,e q u a l i f i c a t i o n s made bv the stat- iitÂ»s h e r e t o f o i e passed by the legislature J T I a n t i n g l i m i t e d suffrage to women If such change can be said to have been accomplished by the act to which you refer, it was equally accomplished bÂ» the act of June 19, 1891, in force Julv 1, 1891, allowing- women to vote at elections for the officers of schools, as the late act onlv increases the numbet of officers and propositions upon which w o m e n are permitteed to vote and does not give to w o m e n full and unl- v e i b a l suffrage. Any change in the qualifications of electors, either u n l e r the c o n s t i t u t i o n a l provision or the statute has not been by any amendment to the constitution. NOT BY IMPLICATION 'If the constitution of Illinois means that the right of trial by a mrv composed of t w e l v e men, as the same m u s t h a v e been composed at the common law, shall remain Inviolate, then any act of the legislature cannot by implication repeal, amend or q u a l i f v this constitutional guarantee and although the passage of the law bv the legislature giving: the right of limited suffrage to women, mav q u a i i f v or amend by Implication (a method not f a v o r e d bv law), the s t a t u t e p r o v i d i n g that legal voters may be competent jurors, yet if It does so, it must be bv creating an exception thereto to-*Â»lt Female legal voters, in order to be In accord w i t h the constitutional guarantee above quoted. Neither of the acts granting to women limited suffrage Incorporates into Its title anv thing that relates to jurors or their qualifications, hence anv amendment by Implication to another law then exisitlng, relating to jurors, could not have been in contemplation of the legislature when thev passed these s u f f r a g e acts It has never been considered that under the act of J u n e 19, 1811, granting the right of s u f f r a g e to women in certain school elections, competency to sit as Jurors was conferred upon them. This interpretation is evidenced by other statutes passed subsequent thereto and prior to the late statute extending the limited right to suffrage In which said act it is provided that 'Nothing In t h i s act shall be construed as r e q u i r i n g anv female to w o r k on streets or roads or serve on juries. PRECEDENTS "The Supreme court of the Terrltoiv of Washington, in the case of Harland vs Terrltorv, 3 Wash. Terr Rep 181, held that an act of the territorial leg- lature granting full sufrage to wemen did not render women competent Jurors, unde*- a Jurv act making all qualified electors competent j u r o r s While this opm on of the Washington court is based upon the fact that the law did not by its title p u r p o r t to deal w i t h juries, jorors or their qualifications, and the Implied repeals or a m e n d m e n t s are not f a v o r e d by the law. and that the law granting the right of stiff-age to women in Washington was not constitutional on account of its title, still the reasoning of the opinion is forceful and persuasive To hold that w o m e n had, under these acts g r a n t i n g l i m i t e d suffrage to them, conferred u p o n them competency to sit as jurors, w o u l d not o n l j acid to another statute p i e v i o u s l v passed as a-lrlitlonal class of persons not in the contemplation of the legislature at the time of of its passage and not m e n t i o n e d in thp t i t l e to the act so adding such add tional class but w o u l d In truth change the j u r y trial gnnted to e"ery person by the c o n s t i t u t i o n to an entirely d i f f e r e n t character of trials, bv an entirely different cl,iss of Jurors from the classes so guaranteed WOMEN NOT C O r f l K l n N T . "In view- of this constitutional provi- FAEIBS PAKK 1TRE BRIGADE. Mrs. C. R. Willis, Official Photographer. Mrs. u. K. winis, uiiicmi rnotograpner. From left to right--Grace Semm el, Lou Semmel, Mrs Perloy "Wire, M r s L. E. Coonraflt, Mrs Bert Whlt- sltt, Mrs Harrv D Cundall, Mabel S emmel, Mr Cundall. sion, and for the reasons above eet out, I am ot the opinion that the latt act ot the legislature granting limited suffrage to women does not render them competent to sit as jurors in the trial of a c i v i l or criminal caae before a Justice of the peace or In anv court of record where a j u r y is rqulred by the common law or may be had by virtue or said constitutional provision 1 Very respectfully, "P J LUCET, "Attorney General f ATWOOD'S ALL DAY PICNIC Tr \\ 111 Be Held Sumlav, July 26, at Fair, Â·view Park. i h e Atwood organl7atlon will hold ts annual all-da} picnic at Fairview park Sunday, July 26 All Atwoodltes will be expected to a t t e n d and to bring- well filled baskets Occasion for Services of an Impromptu Brigade. A groSs fire broke out in Faries prk a few days ago A fire department was at once organized that did a fancy, impromptu job of putting out tne fire, which threatened to become quite extensive and at least ruin the looks of the park and possibly do aamage to the cottages and Boms of the buildings Harry Cundall of Gushard'a was the BACKERS OF BANK PAY ALL DEBTS Macomb. 111., July 18.--Announcement was made today that the creditor! of the tank of Adalr "In the villagre of Adalr, near here, which closed Us doors July t. would be paid In full Discovery of an alleged shortage of $90,004 wa* laid to have eauud thÂ» cloning of the bank. All thÂ« biukms of the baÂ«k had been transferred to thÂ« Farmers bank of Adatr. ThÂ« bankers of the closed bank raised the money, with which tq meet !tÂ« obligation*. chief of the brigade. This office fell to him without an election, out by \lrtua of the fact that he wag ths only roan In the canrp at the time. How- fve 1 -, the selection could not have been better if there had been 100 to choose Irom. The eight women in the vicinity proved to be readv and apt students of the art of fire fighting They not only quickly took up the task on hand, but they proved themselves Ingenious in the selection of equipment, which, though not made i^or fire-fighting, was used most effectively for that purpose The equipment included brooms, pails, floor brushes mops, raJtefl. hoes, w a s h tuba and other articles of that kind, and It was really eurprlslnff tp see how many of these thing* a summer camp afforded. After it waa an done, a picture was made by the official photographer of the party, Mrs. B, Willis Rattan, Matting Fiber Suit Cases We carry a complete assortment of these light, durable suit cases for the Summer traveler. Come in and get one for the week-end or vacation trip. Range in price from $1.00 up. Our present stock is~entirely new, all of it has arrived since the fire of a few weeks ago. It is all of the usual Deeatur Trunk Factory quality, and offers the buyer of traveling luggage the best possible values for the money. SUGGESTIONS FOR THIS WEEK Genuine Cowhide Traveling Bag, leather lined; 18-inch bug with brass trimmings, special at $5.00. Genuine Cowhide Traveling Bag, real heavy, $6.50. These bags may be had in either tan or black. Genuine Cowhide Traveling Bag, stitched frame, 18-inofti bag, special value at $9.00. Genuine Cowhide Suit Cases, special at $5.00. Trunks, all sizes, all kinds. $-2.75 up. A complete assortment of ladies' hand bags from $1.00 op. Deeatur Trunk Factory TEMPORARY LOCATION. 146 Merchant Street. Decatur, 111. AVACAT with a camera is one which is not al! over when you get back to town. The pictures will prolong its pleasures indefinitely. THE WAY WE FINISH camera pictures makes them worthy of preservation and exhibition. You dislike to show poorly finished pictures to your friends, no doubt, and it is small satisfaction to put them in your album. Our territory by mail is unlimited. Send us your films. parcel post, and we will develop and print them and return them promptly. Send a trial order. If you want any information or suggestions on picture- taking, ask us. We will be glad to assist you. DEVELOPING AND PRINTING Ansco Cameras and Films. Photographic Supplies--Expert Camera Repairing. 256 N. MAIN ST. ***y**********fÂ»*t*if**t**^^ IE WS P A PER fl R C H1V E Â® Â« _. ,, CLEARANCE SALE--You'll make no mistake if yon attend this sale as the prices are so low and merchandise so desirable that you will be overlooking one of the best opportunities of the season to economize. Our merchandise is bright and new, fully 90% of it has not been in the store more than 60 days. But our stock is too heavy and we must reduce it. SUMMER DRESSES Wlien you go on your vacation, take several of them along. Ideal for morning or street wear. They are cleverly made of all the materials that fashion now specifies. Black and white stripes, t u n i c s^Ies, collar and cuffs made of organdy, velvet belt and silk cord and tassel gg 98 around neck, 5501) values, now *!Â»Â«Â»*Â« Dresses worth up to "1.50, 7'if* now 3'Jc and ' *"* White pique skirts, M 50 SSfi values, now w W w Black Japanese silk dresses, rrndc in the new Ion? t u n i c styles, guaranteed waterproof and perspiration proof Tliev are regular 51000 and 51200 v a l u e s ; for this Â£O Aft sale we have marked them !Mi 98 and *w.^Â«* Linen dresses, in while, new shade of green, tans and blue; these are regular $10.98 and S12.98 values; for this sale we have marked (J*P7 QO them at one price; now tp I Â«*/O 150 new dresses, made of lawn, new tunic effects and peplum styles; they are regular $1.50 values, now MUSLIN UNDERWEAR D u n n ? this sjle we w i l l offer some of the greatest bargains in muslin u n d e i n c a r that w i s ever shown in this city. Women's f i n e muslin drawers with ruffle of pretty 1Qr o p e n w o t k embroidery, 35c value now I w t o Women's fine muslin and cambric drawers--fine em- AQn broidery trimmed--75c values, now on sale at Â·*Â»!Â» Combination suits, embroidery and lace trimmed. 75c value now Combination suits, worth up 98c to 8 1 7 5 . now 99H Marcclla combination suits, PI 50 value, now Princess slips a large assortment; values up to $175, now Dancing petticoats in colors and white, l.ice trimmed, now 98c and White m u s l i n skirts in double panel l i o n t ; 75c v a l u e now White p i q u e skirts heavy enough to wear when only one skirt is desncd; embroidery trimmed; 49C si 00 value, now ^Â«*w Crepe gowns, lace trimmed, ?! 00 v a l u e s on sale at Corset covers, about 10 styles; lace and embroidery I Q C trimmed; .iii. and 50c "values, now ""* Muslin and cambric petticoats; 98C M 50 to ?'J(10 vnliies, now *Â»Â·Â»Â«Â» .Muslin p e t t i c o a t s cmbioidery and lace trimmed; worth up to M i l l ) now Night dresses slip-over and open front 490 stjles; 7V and S"c v a l u e s now -www Night dresses made of cambric and mulls, over 20 s t v l c s ; handsomely tnmired; ?! 50 and 98C '-175 values, now 98c S1.4S 49c 75c 50c SILK PETTICOATS $1.49 VERT SPECIAL--100 silk petticoats; regular S-'50 values; for t h i s week \ll-silU jersey top petticoats and all-silk messa- JJ1 Qg line petticoats; ?3'!8 values, now "" ""Â» Crepe de chine silk petticoats--Â§4 98 Jg 98 values--during thjs sale w w CORSETS AND BRASSIERES Corsets worth from Â§2.00 to S5.00, for... SI .00 These are discontinued models. If we hare your JIM you can get a big bargain. We show eight styles of brassieres, all sizes. Some arÂ» made of all-over embroidery and others are embroidery 25fi trimmed. They are regular BOc values, now fcÂ«*iÂ» WAISTS AND BLOUSES More than three thousand brand new, fresh, and waists and blouses enter Into this remarkable sale crcnt-- unquestionably the biggest and best offering ever premntcd to the women of Decatur at anywhere near these low price*. The striking lalues will be apparent to e^ery visitor and the dainty BljScs. the cool, Sheer materials and Immense variety of designs will surely make yon want to purchase several of these naists for Summer needs. Beautiful Â«200 \ a l u c s for ... -New blouses with elastic belts, white and colors; ?1 BO values, now Jap silk waists, ?2 00 values, now 98c 98c SI .00 KNIT UNDERWEAR rme bleached swiss ribbed \ests, made of full combed jam, silk taped, 25c value, now Bleached ribbed union suits, knee length; sizes 4, 5 and fi; 3.~c values, now 1-inc lisle union suits, sizes 4 to 9; 75c values, now . .T 19C Â·Â«Â»Â«Â» 50C rWSPAPER!
What members have found on this page
Get access to Newspapers.com
- The largest online newspaper archive
- 11,200+ newspapers from the 1700s–2000s
- Millions of additional pages added every month