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Stenographer and Executive Clerk to the President of the Senate.
Messenger to the President of the Senate.

Janitor for the President of the Senate.

Two Doorkeepers.

One Stenographer, heretofore employed at the regular session in the office of the Enrolling and Engrossing Clerk.

Two Cloakroom Attendants.

Two Floor Janitors, who shall also do the necessary janitor work in the offices of the Secretary of the Senate and the Postmaster.

Clerk of the Contingent Expense Committee.

Assistant Postmaster.

Resolved, further, That the Secretary of the Senate shall furnish all additional stenographic help necessary for the transcribing and enrolling of bills;

Resolved further, That the Stenographer in the office of the Enrolling and Engrossing Clerk, the two Cloakroom Attendants and the two Floor Janitors and the Doorkeepers to be retained shall be designated by the President of the Senate or the President pro tempore of the Senate.

Mr. McDermott offered the following amendment to the resolution: "Add five pages, two for the minority and three for the majority." On motion of Mr. Meents, the amendment was laid on the table. The question then being, "Shall the resolution be adopted?" it was decided in the affirmative.

MESSAGES FROM THE HOUSE OF REPRESENTATIVES.

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

Mr. President-I am directed to inform the Senate that the House of Representatives has assembled pursuant to the call of the Governor for a special session of the Fifty-fifth General Assembly, and is now ready for the transaction of business.

B. H. MCCANN, Clerk of the House.

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 joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to-wit:

HOUSE JOINT RESOLUTION No. 1.

Resolved, by the House of Representatives, the Senate concurring herein, That the two Houses meet in joint session in the Hall of the House of Representatives at 11:00 o'clock this a. m., for the purpose of receiving the Governor to deliver, in person, his official message to the members of the Fifty-fifth General Assembly convened in special session.

Adopted by the House, January 10, 1928.

B. H. MCCANN, Clerk of the House.

The foregoing resolution from the House of Representatives was taken up for consideration and concurred in.

At 11:00 o'clock a. m., the Senate preceded by the President pro tempore of the Senate, the Secretary of the Senate, and the Sergeant at Arms of the Senate, proceeded to the Hall of the House of Representatives to take part in the joint session.

JOINT SESSION, 11:00 O'CLOCK A. M.

The hour having arrived, the time heretofore fixed by joint resolution adopted by the House of Representatives and the Senate, at which

the two Houses meet in joint session in the Hall of the House of Representatives, for the purpose of receiving the Governor to deliver his official message in person to the special session of the Fifty-fifth General Assembly.

The Senate, preceded by the President pro tempore and Secretary, appeared in the Hall of the House of Representatives and by direction. of the Speaker took the seats assigned them.

The two Houses being convened in joint session, the President pro tempore of the Senate announced that a quorum of the Senate was present.

The Speaker of the House of Representatives announced that a quorum of the House was present.

A majority of each House of the General Assembly being present, the Speaker declared the joint session duly formed.

The committee heretofore appointed to wait upon the Governor appeared in the Hall of the House of Representatives, accompanied by the Governor, who, after being presented to the joint session, personally delivered his official message to the General Assembly, as follows, to-wit:

MESSAGE OF GOVERNOR SMALL TO FIFTY-FIFTH GENERAL ASSEMBLY IN EXTRAORDINARY SESSION.

Mr. President, Mr. Speaker, Members of the Fifty-fifth General Assembly, representing the people of the State of Illinois, Ladies and Gentlemen:

In greeting you, the members of the Fifty-fifth General Assembly, at this extraordinary session, I desire first of all to congratulate you, and the people whom you represent, upon the prosperity and well-being which has continued to bless our State, which is due in no small part to the stability of our State government and the principles upon which it is founded, as well as to the faithfulness with which those principles have been maintained and defended by the State government.

The constitution of this State imposes on the Executive the duty on extraordinary occasions to convene a special session of the General Assembly. Approximately twelve years have now passed since the last occasion arose for calling a special session.

Events of the past sixty days however, have created such a situation as, in my opinion, demands consideration of, and action by, the legislative branch of our government.

GENERAL AND LEGISLATIVE PRIMARY LAWS.

During the Fall of last year a bill in chancery was filed in the Circuit Court of Cook County attacking the constitutionality of the General Primary Law and the Legislative Primary Law enacted at the last regular session. After arguments, the judge who heard the case delivered a written opinion holding those acts unconstitutional and declared that an injunction would be issued to stop the spring primary. After the delivery of that opinion, but before the actual issuance of the injunction, a petition for a writ of mandamus was filed in the Supreme Court by the Attorney General seeking to uphold the constitutionality of the former of those acts. That petition was presented at the December term of the Supreme Court but was not reached for decision during the course of that term.

After the adjournment of the December term, the Circuit Judge who expressed the opinion that the primary acts are unconstitutional, was

asked to state whether he intended to hold the suit before him in abeyance or to proceed with the issuance of an injunction. He publicly announced that the latter was his intention, and that as soon as the case could be reached and the matter brought to a conclusion the injunction would be issued, and that the Governor of this State could proceed as if the injunction were already in effect.

NO APRIL PRIMARY POSSIBLE WITHOUT NEW LEGISLATION.

The result of that injunction would be to prevent the holding of a primary election in April of this year; for an appeal from that decree to the Supreme Court could not be taken before the February term, and in the ordinary course of business would not be disposed of until the April term, after the date set for the April primary. While ordinarily an appeal suspends the decree of a lower court, such, I am advised, is not the rule in the case of an injunction; but on the contrary, an injunction remains in full force in spite of the appeal, until the final disposition of the case in the higher court. The result, as I have said, would be that no primary election could be held in April under the Primary Acts of 1927.

Nor could primary elections be held under any other or prior primary legislation. The Primary Act of 1919 was held invalid early in 1920 in the case of People v. Fox, 294 Illinois, page 263, and the 1910 Primary Act, under which nominations have been made since its enactment in 1910 until the present, was declared invalid by the Supreme Court at its June term in 1927. All other compulsory primary acts passed by the General Assembly have, in succession, been declared unconstitutional.

On some occasions in the past when primary legislation has failed, resort has been had to the provisions of the Ballot Act of 1891 for the purpose of making nominations, but at the regular session of this General Assembly the Ballot Act was safeguarded and amended so as to prevent any of the major political parties from making nominations under its provisions by petition or caucus.

Prior to the enactment of the first compulsory primary, there was on the statute books an optional Primary Election Law of 1898, which had been adopted by Cook County and five other counties. It is quite generally agreed by competent legal authorities that the law of 1898 is open to exactly the same constitutional objection as the old primary act of 1908 which was held invalid in People v. Strassheim, 240 III. 279.

But even were the Act of 1898 valid, yet in the remaining ninety-six counties, primary elections would be entirely without legal supervision or safeguard. It would be no crime either to buy or sell votes at such primaries; nor for members of other political parties or residents of other counties or states to vote at such primaries. It would be no crime for a voter to cast more than one ballot or for judges to receive more than one ballot from the same person at such primaries; nor would it be a crime for judges and clerks to make false returns of the vote cast or for canvassing officials to falsify the returns to suit their own pleasure.

POPULAR DEMAND FOR NOMINATIONS BY PRIMARIES.

The revulsion of the voters of this State against the abuses, oppression and corruption prevalent under the old systems of nominations resulted in the submission to the people at the general election of 1904 of the question of enacting compulsory primary legislation. Direct compulsory primaries were favored by a vote of 590,976 for, to 78,446 against.

The net result of the situation I have pictured is that all major political parties of this State are today without lawful means or methods of nominating candidates for public office. And that unless provision is made by law for the nomination of candidates for the coming elections, we must

face with apprehension the next twelve months of our history which are bound to bring with them, unless remedial legislation is passed, chaotic conditions, public strife and instability of our institutions.

This situation is chief among the extraordinary matters which, in my opinion, have necessitated the convoking of the General Assembly.

Having in view the situation that confronts the political parties I urgently recommend that the General Assembly enact legislation to provide the means for the nomination of candidates by political parties by direct vote of the people thus preserving to the people the right to select their party candidates; and I believe it is as much the duty of the legislature to enact safeguards to guarantee that the names of the candidates chosen by the people will actually be printed upon the ballot.

THE BALLOT ACT.

Several other defects in the election laws of this State demand, in my opinion, the attention of the General Assembly. It is apparent that some of the provisions of the Ballot Act of 1891, particularly those dealing with the filing of petitions and with the certification of the names of candidates to the various County Clerks, deserve and require the serious consideration of this Body.

Section 10 of the Ballot Act which provided for the review of petitions under the Ballot Act, has been held invalid, and there is need that a Board consisting of several officers be created to deal with, pass upon and certify petitions filed under that Act. The means for accomplishing this result should be substantially the same as those which have always been in vogue under our General Election Laws for declaring the results of general elections.

REGISTRATION OF VOTERS.

Furthermore, during the arguments on the Primary Act it developed that the statutory provisions pertaining to the registration of voters in Chicago had been amended and re-amended so often, that it has become extremely doubtful whether there are any provisions left for registration in that City.

That the absence of registration in any large city would make the holding of honest elections very difficult is doubted by no one. The revision of the registration laws, particularly as they apply to Chicago, is therefore recommended for your consideration.

WOMEN AS ELECTION OFFICIALS.

In that connection it should be mentioned that an attack has been made on the right of women to serve as election officials. The justice of extending to women the right to serve in those capacities is apparent and needs no extended argument.

SALARIES OF SUPREME COURT COMMISSIONERS.

Another subject mentioned in the call concerns an appropriation for the compensation of the Commissioners of the Supreme Court. At the regular session an act created those Commissioners and prescribed their duties and salaries, but no appropriation was made for their compensation. In order that the Commissioners may function it is recommended that the necessary appropriation be made to provide the compensation fixed by law.

TAX LEVY RATES.

At the regular session of this General Assembly last year a number of acts were adopted which increased the tax levy rates of various political sub-divisions of the State. Thereafter an act was passed increasing the

Almost

assessed valuation of this State from one-half value to full value. concurrently with the passage of the last named act other bills amending or affecting tax rates were passed by the General Assembly, in many cases two acts amending the same section, and in one case as many as seven acts amending the same section of the statute. The result has been to cause considerable confusion in the interpretation of the statutes by the various public officials whose duty it is to levy or scale taxes. It is recommended therefore that the various changes made by the acts, be, with reference to each section, consolidated into one bill so as to make effective the new rates which were intended by the regular session. However, the call for this special session does not contemplate the increase of any tax rates and no increases should, in my opinion, be made.

LIMITATION OF BONDING POWER.

The action of the regular session in increasing the basis of the assessed valuation of property resulted in increasing the bonding power of certain cities and other political sub-divisions. This General Assembly, however, intended that such increase should apply only to the County of Cook and the City of Chicago, and to other municipalities having a population of more than 300,000. The act limiting the bonding power of other counties and cities was included, because of the lack of sufficient time, in a bill amending one of the revenue acts. That joining of two subjects was held by the Supreme Court, to be improper and rendered the limiting act unconstitutional and the intention of the Legislature was not attained. In order that the limitation on the debt incurring power of smaller counties and municipalities may be made effective in a separate act by the General Assembly, this subject has been included in the call. In view of the deplorable economic condition of the farmers, I earnestly urge that proper limitations on the power to incur debts be enacted, especially as to those counties and local governmental bodies in which argriculture pays a large share of the taxes.

SITE FOR HISTORICAL MUSEUM AND LIBRARY.

One other subject of importance falls within the provisions of the call. The Chicago Historical Society, an institution with a long record of achievement, has offered to erect at its own expense, in a public park in the City of Chicago, a historical museum and library if a suitable site be set aside for that purpose. Should this generous offer not be accepted seasonably it might be lost to the people, together with the great educational value that would flow from the existence of such an institution. In order to give park commissioners the power to set apart and grant a site for the construction and accommodation of such a museum, the subject has been embraced within the provisions for this session.

To assist the expeditious handling of the business of this session, and in order not unnecessarily to delay and inconvenience the members, I have requested the officers and employees of the various Departments under the direction of the Governor to render to the members every possible assistance and co-operation during the continuance of this session.

On motion of Mr. Cutler, 5,000 copies of Governor Small's official message were ordered printed for the use of the House and Senate.

At the hour of 11:20 o'clock a. m., Mr. Cutler moved that the joint assembly do now rise.

And the motion prevailed.

And thereupon the Senate returned to its chamber and resumed. the consideration of business.

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