"Because the English language is the common as well as official language of our country, and because it is essential to good citizenship that each citizen shall have or speedily acquire, as his natural tongue, the language in which the laws of the land, the decree of the courts, and the proclamations and pronouncements of its officials are made, and shall easily and naturally think in the language in which the obligations of his citizenship are defined, the instruction in the elementary branches of education in all schools in Illinois shall be in the English language. Provided, that this shall not apply to vocational schools where the pupils have already received the required instruction in English during the current year." (Laws of 1919, pp. 917-918).

The teaching of foreign languages under earlier statutes was sustained in the Powell case, cited above, and the enactment of 1919 appears not to forbid such teaching.

IV. MILITIA.

No suggestions have been received as to changes that may be proposed in Article XII of the constitution dealing with the militia. In connection with Article XII, attention should, of course, be given also to Section 15 and 16 of Article II. Most of the provisions of the article dealing with militia merely lay down principles which, in any case, would be followed, and the constitution with respect to this matter imposes no serious restrictions upon legislative action. Perhaps, however, proposals may be made (1) to establish general military training by constitutional provision and (2) to lay down some constitutional rule as to the relationship between the state and national governments in military affairs.

V. SUFFRAGE AND ELECTIONS.

Article VII should be considered in connection with the provisions of Article II, Section 18, that "all elections shall be free and equal".

With respect to Section 1 of Article VII, a material change will be proposed, granting suffrage to women. It will be unnecessary to discuss here the subject of woman suffrage, as a statement regarding the situation in Illinois and in other states will be found in the pamphlet upon the "Constitutional Convention in Illinois", second edition, pages 107-111. The rapid progress being made toward the ratification of the proposed federal amendment will probably result in full suffrage for women in this state in the near future; although a proposed amendment to the constitution of Illinois, if promptly adopted, may come into effect before the adoption of the federal amendment.1

With respect to Section 1, the question may also present itself as to whether there is need for continuing the provisions regarding those who were electors in the year 1848. This provision was adopted for the purpose of saving the right to vote to certain persons who would not otherwise have been qualified under the constitutions of 1848 and 1870, and is probably now unnecessary, although its retention would do no harm, and there may be a few cases of voters qualified before 1848 who would not be qualified under present constitutional provisions. The clause in this section with respect to naturalization is now unnecessary.

Certain other questions may present themselves with respect to the suffrage article. In connection with Section 1, the matter of compulsory voting may be urged. A discussion of this subject will be found. in the Massachusetts constitutional convention Bulletin No. 24. An amendment was proposed by the Massachusetts constitutional convention and adopted by the people of that state in 1918 that "the general court shall have authority to provide for compulsory voting at elections, but the right of secret voting shall be preserved".

In connection with Article VII, Section 2, it is now clear that the requirements of a ballot means a requirement of secret voting. The supreme court of this state has held that the provisions that "all votes shall be by ballot" does not forbid the use of a voting machine, and that the primary purpose of the provision is to require secrecy in voting. Amendments have been adopted to some constitutions expressly authorizing the use of voting machines, in order to overcome decisions of courts against the use of such machines. However, there is no difficulty of this character in Illinois, if it is desired to use voting ma

1 A full review of woman suffrage in the United States will be found also in Massachusetts constitutional convention Bulletin No. 3, Woman Suffrage in the United States.

chines, and the requirement of secrecy of voting is sufficiently preserved by the existing constitutional provisions.

In connection with Article VII, Sections 4 and 5, it may be deemed proper to place in the constitution an express provision authorizing absent voting. However, such a provision seems unnecessary and there is little doubt as to the constitutionality of present absent voting legislation in this state.

Article VII, Section 6, provides that no person "shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States and who shall not have resided in this state one year next preceding the election or appointment". In the case of People v. McCormick, 261 Ill. 413, the supreme court has said:

"It may be true that many persons having constitutional qualifications are wholly unfit to discharge the duty of many offices within the state, but if the legislature possesses the power to vary the constitutional qualifications for office by adding new requirements or imposing additional limitations, then eligibility to office and freedom of elections depend not upon constitutional guarantees, but upon legislative forbearance. If the legislature may alter the constitutional requirements, its power is unlimited, and only such persons, may be elected to office as the legislature may permit. In our judgment, when the constitution undertakes to prescribe qualifications for office its declaration is conclusive of the whole matter, whether in affirmative or negative form The expression of the disabilities specified excludes others. The declaration in the constitution that certain persons are not eligible to office implies that all other persons are eligible."

Some change must, therefore, be made in this section, if it is desired to permit the general assembly to prescribe specific qualifications for certain offices.

Article VII, Section 7., says that "the general assembly shall pass laws excluding from the right of suffrage persons convicted of infamous crimes". In accordance with the general rules of constitutional construction, as laid down in the McCormick case just referred to, this specification is also exclusive, and constitutional change will be necessary if it is desired to permit the exclusion from the suffrage of other persons than those convicted of infamous crimes. (Christie v. People, 206 Ill. 337 1903).

The constitution of some states contain expressions requiring legislation to preserve the purity of the ballot or prevent corrupt practices. Such provisions are of little value, for legislative power is ample without them.

VI. PREAMBLE, BOUNDARY, DISTRIBUTION OF POWERS, AND SCHEDULE.

Little need be said about any of these subjects. No change has been suggested with respect to the preamble or with respect to the article dealing with state boundaries. The principle of the separation of powers as stated in the constitution is in terms subject to such exceptions as may be made elsewhere in the constitution, and no change in this article is necessary, even though specific changes may be made in the actual powers of the three departments.

A schedule is, of course, necessarily adapted to each specific constitution, and changes in the schedule are necessary to adjust existing conditions to a new constitution if one is adopted or to constitutional amendments if such amendments make material changes in existing constitutional provisions. A number of the sections of the schedule are obsolete. A number of the sections can be used in a new constitution without material change. One provision of the schedule (Section 18) is a permanent provision, and should properly not be in the schedule, but should be elsewhere among the permanent provisions of the constitution.