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SENATE BILL No. 27.

A bill for "An Act making an appropriation for the payment of the officers of the Senate and House of Representatives of the Fifty-fifth General Assembly of the State of Illinois, at the first special session thereof."

SENATE BILL No. 28.

A bill for "An Act making appropriations for the ordinary and contingent expenses of the Fifty-fifth General Assembly, at the first special session thereof."

READING BILLS OF THE SENATE THE THIRD TIME.

On motion of Mr. Meents, Senate Bill No. 26, a bill for "An Act making an appropriation for the payment of mileage and incidental. expenses to each member of the Senate and House of Representatives of the Fifty-fifth General Assembly of the State of Illinois, at the first special session thereof."

Having been transcribed, typed and printed, was taken up and read at large a third time.

And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: Yeas, 41; nays, none. The following voted in the affirmative:

Abt Bailey

Barbour

Messrs.

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Barr

Bohrer

Boyd

Broderick

Carlson

Courtney

Thompson

Van Lent

Wilson

Woods

Yeas-41.

Nays-0.

This bill, expressing an emergency in the body of the Act, rendering it necessary that it should go into effect immediately, and having received the votes of two-thirds of the members elected, was declared passed.

Ordered that the title be as aforesaid, and that the Secretary inform the House of Representatives thereof and ask their concurrence in the passage of the bill.

On motion of Mr. Meents, Senate Bill No. 27, a bill for "An Act making an appropriation for the payment of the officers of the Senate. and House of Representatives of the Fifty-fifth General Assembly of the State of Illinois, at the first special session thereof."

Having been transcribed, typed and printed, was taken up and read at large a third time.

And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: Yeas, 41; nays, none. The following voted in the affirmative: Messrs.

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This bill, expressing an emergency in the body of the Act, rendering it necessary that it should go into effect immediately, and having received the votes of two-thirds of the members elected, was declared passed.

Ordered that the title be as aforesaid, and that the Secretary inform the House of Representatives thereof and ask their concurrence in the passage of the bill.

On motion of Mr. Meents, Senate Bill No. 28, a bill for "An Act making appropriations for the ordinary and contingent expenses of the Fifty-fifth General Assembly, at the first special session thereof."

Having been transcribed, typed and printed, was taken up and read at large a third time.

And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: Yeas, 42; nays, none. The following voted in the affirmative: Messrs.

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Courtney

This bill, expressing an emergency in the body of the Act, rendering it necessary that it should go into effect immediately, and having received the votes of two-thirds of the members elected, was declared passed.

Ordered that the title be as aforesaid, and that the Secretary inform the House of Representatives thereof and ask their concurrence in the passage of the bill.

INTRODUCTION OF BILLS.

The following bills were introduced, each of which were read by title, ordered printed, and under the rules, were referred by the President pro tempore of the Senate as follows:

By Mr. Meents, Senate Bill No. 32, a bill for "An Act to repeal certain Acts therein named."

By unanimous consent, on motion of Mr. Meents, the bill was taken and read at large a first time and ordered to a second reading and to be printed.

up

By Mr. Meents, Senate Bill No. 33, a bill for "An Act in relation to delegates and alternate delegates to national nominating conventions, delegates and alternate delegates at large to such conventions, and candidates for President of the United States."

By unanimous consent, on motion of Mr. Meents, the bill was taken up and read at large a first time and ordered to a second reading and to be printed.

By Mr. Meents, Senate Bill No. 34, a bill for "An Act to provide for committees, conventions, delegates and officers of political parties, and to define their powers."

By unanimous consent, on motion of Mr. Meents, the bill was taken up and read at large a first time and ordered to a second reading and to be printed.

CONSIDERATION OF RESOLUTIONS.

The following resolution offered by Mr. Courtney, January 10, 1928, was taken up for consideration, and after debate, on motion of Mr. Barbour, was referred to the Executive Committee:

SENATE RESOLUTION No. 6.

WHEREAS, The General Assembly of Illinois has been attempting in vain for 42 years to confer upon the voters of each party the power to determine who shall be their candidates for public office; and we are now convened in special session to untangle the legal mess resulting from our last effort in that direction; and

WHEREAS, These efforts with their mistakes and errors may be imperfectly summarized as follows:

(a) In 1885 an optional delegate primary law was passed; improved in 1898 with a delegate primary law, compulsory in Cook County in which each party held a primary yearly on separate days in districts fixed by party committees, with ballots privately supplied; this law amended and improved in 1901 and again in 1903.

(b) In 1905 there was substituted a State wide compulsory delegate primary law with advisory vote on candidates including United States Senator, optional direct primary for county offices except in Cook County, with all primaries on the same day, but still with privately contributed ballots; in 1906 foregoing law held unconstitutional because legislative power delegated to party committees and also held special legislation in violation of the Constitution, because separate provisions were made for larger counties; in 1906 second State-wide compulsory delegate primary law was passed; in 1907 this law was declared unconstitutional.

(c) In 1908 direct primary law for all, except few minor offices, was passed; in 1909 this law was held unconstitutional.

(d) In 1910 two direct primary laws, one general and the other legislative, were passed; in 1902 preferential primary for president was adopted. (e) In 1913 the 1910 law was revised and provisions inserted relating to party machinery; in 1917 nomination of Circuit Court judges by convention were restored by court decision; in 1919 Superior Court judges were included; also in 1919 there was an almost complete revision of the primary laws; in 1920 this law was declared unconstitutional in some respects.

(f) In 1927 another direct primary law was passed and it has been held defective by Circuit Courts in Cook, Lee and Marion Counties; and

WHEREAS, The opinion of the State Supreme Court on the defects, omissions and errors in the present law, if any, would be of material assistance and substantial aid to the General Assembly in the consideration of primary legislation; therefore, be it

Resolved, That the Attorney General of Illinois be and he is hereby requested to inform the State Senate at his earliest convenience what procedure, ordinary or extraordinary, would be appropriate to request the State Supreme Court for an opinion on the primary law at an early date when it would be of most value and service to the General Assembly; and, be it further

Resolved, The Legislative Reference Bureau be and it is hereby requested to inform the State Senate at its earliest convenience whether there is any precedent for a petition from the General Assembly to the State Supreme Court for any early decision upon a pending suit; and if so, what were the subjects involved and the circumstances attendant upon such action.

SPECIAL ORDER.

The Senate proceeded to consider the special order for this hour, being Senate Bill No. 1, a bill for "An Act to limit the indebtedness of counties having a population of less than 500,000 and cities, townships, school districts and other municipal corporations having a population of less than 300,000."

On the order of second reading, and the amendment thereto offered by Mr. Mason on January 11, 1928.

On motion of Mr. Mason, the Senate went into the Committee of the Whole to consider the bill and amendments.

The President pro tempore of the Senate called to the chair to preside over the Committee of the Whole Senator Lantz, and thereupon. the committee was addressed by several parties interested in the bill and amendments.

At 12:25 o'clock p. m., the committee arose and reported progress to the Senate, with the announcement that the committee would meet again at 2:00 o'clock p. m.

At 12:30 o'clock p. m., on motion of Mr. Dailey, the Senate took a recess until 2:00 o'clock p. m.

Senate reconvened.

2:00 O'CLOCK P. M.

The Senate then resolved itself into the Committee of the Whole to further consider Senate Bill No. 1 and the pending amendment thereto.

At 3:55 o'clock p. m., Mr. Lantz, Chairman of the Committee of the Whole, reported to the Senate that the committee had made progress.

The President pro tempore of the Senate then announced that the further consideration of the bill was postponed.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES.

The following message from the House of Representatives was taken up for consideration, and on motion of Mr. Barbour was referred to the Executive Committee:

A message from the House by Mr. McCann, Clerk:

Mr. President-I am directed to inform the Senate that the House of Representatives has adopted the following preamble and joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to-wit:

HOUSE JOINT RESOLUTION No. 3.

WHEREAS, The Fifty-fifth General Assembly is now convened in extraordinary session, pursuant to call of His Excellency, Len Small, Governor of this State, for the purpose, among others, of enacting laws to provide for and regulate the holding of primary elections by the political parties; and

WHEREAS, There has been heretofore argued before, and taken under advisement by, the Supreme Court of Illinois, a case entitled "People,

ex rel. Kell vs. Kramer," involving the constitutionality of the Primary Act of 1927, the decision of which will greatly aid the General Assembly in the preparation of a bill or bills providing for and regulating the holding of primary elections by political parties; therefore, be it

Resolved, by the House of Representatives, the Senate concurring herein, That the Supreme Court of Illinois be, and it is hereby, earnestly requested, if, in the opinion of the Justices of said Court, it be practicable so to do, to deliver in writing its decision, and to enter its order and judgment in said case, during the present vacation between the December and February terms of said Court, and at as early a date as possible, in order that the General Assembly may have the benefit of such opinion and judgment of said Supreme Court of Illinois in the preparation of such bill or bills, and that upon the adoption of this resolution, a certified copy thereof be immediately transmitted by the Clerk of the House of Representatives to each of the Justices of said Supreme Court of Illinois. Adopted by the House, January 17, 1928.

B. H. MCCANN, Clerk of the House.

READING BILLS OF THE SENATE THE SECOND TIME.

Senate Bill No. 21, a bill for "An Act to provide for and regulate the holding of primary elections by political parties."

time.

Having been printed, was taken up and read at large a second

Mr. Meents offered the following amendments to the bill, which were adopted:

AMENDMENT No. 1.

Amend printed Senate Bill No. 21, on page 25, in section 38, line 41, by striking out the words "three (3) weeks" and inserting in lieu thereof the following words and figures: "on Tuesday four (4) weeks."

AMENDMENT No. 2.

Amend printed Senate Bill No. 21, on page 17, section 25, line 2, by striking out the words and figures "twenty-five (25)" and inserting in lieu thereof the words and figures "twenty-one (21)."

AMENDMENT No. 3.

Amend printed Senate Bill No. 21, on page 25, section 38, line 16, by inserting immediately before the word "specifying," the following words: "sworn to before some member of the Board of Election Commissioners or before a clerk of such board."

Mr. Marks offered the following amendments to the bill, which were adopted:

AMENDMENT No. 4.

Amend printed Senate Bill No. 21, on page 31, by striking all of section 43, and inserting in lieu thereof the following:

Sec. 43. Any voter who makes an affidavit stating that he cannot read the English language, or that by reason of any physical disability, he is unable to mark his ballot, shall, upon request, be assisted in marking his ballot by two of the election officers of different political parties, to be selected from the judges and clerks of the precinct in which they are to act, to be designated by the judges of election of each precinct at the opening of the polls. Such affidavit shall be filled out by one of the two election

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