Hughes Receives Driver license Applications

Daily Illini July 15, 1938

Secretary Disagrees with Horner on Act's Validity

Special to The Daily Illini
SPRINGFIELD, July 14. — An undertaker, George T. Travis of Chicago, was the first applicant for a driver's license under Illinois' new law, as Secretary of State Edward J. Hughes today took issue with Gov. Horner and began putting the administrative machinery of the law into operation.

Travis' application was made by letter since blanks for the use of the state's estimated 2,700,000 motorists will not be issued until about Aug. 15. There were more than 50 other early applicants today. Licenses costing 50 cents are not required until May 1.

The governor, in letting the measure become a law without his signature, suggested that Hughes and Auditor Edward J. Barrett refrain from using the appropriation made in the bill on the ground that it, was technically invalid.

Accuses Horner
But, in a statement issued today, Hughes declared the appropriation to finance the cost of issuing the licenses was "incontestably legal" and accused Horner of creating "misapprehensions" in the public mind that might hinder efficient operation of the law.

Horner's refusal to sign the bill was based on an opinion by Attorney General Otto Kerner in which he questioned the validity of the appropriation section of the bill on the grounds that it was not specifically referred to in the title of the act.

Citing several Illinois supreme court cases, Hughes said, "In opposition to this opinion (from Kerner) I wish to cite contrary opinions which should remove a great deal of the doubt that has arisen as to the validity of the appropriation."

Cites Court Opinion
In one case the court opined, "The requirement that an act shall embrace but one subject is not intended to hamper the legislature or embarass honest legislation, but is intended to prevent incorporating into an act matters not related to the subject of legislation and of which the title gives no hint. An act may contain many provisions and details for the accomplishment of the legislative purpose, and if they legitimately tend to effectuate that object, the act is not contrary to the constitutional provision."

"That an appropriation is a legitimate provision for the accomplishment of the legislative purpose of licensing Illinois drivers is, therefore, only common sense," Hughes said.

Will Advise Public
The secretary also asserted that it would be more economical to begin issuance of the licenses immediately because his office is rushed early in the year issuing motor vehicle license plates.

"It will, therefore, be both economical and convenient for all concerned if the automobile department begins the issuance of licenses in the near future. Because of this and because of the undoubted legality of my incurring obligations to set up executive machinery for issuing such licenses, I shall take immediate steps to put into operation the requirements of the drivers' license law. At an early date the public will be provided with the necessary forms and full details concerning the law.