The  commissioners,  in  March,  advertised  for  plans  and  specifi-
cations to  be  submitted  by  July  15,  offering  $3,000  for  the  success-
ful design.  But,  while  the  act  for  the  new  State  House  met  gen-
erally with  approval,  someleading  Chicago  newspapers,*  chagrined
probably  over  the  canal  legislation,  continued  their  assaults  upon
the  measure,  bitterly  charging  it  to  be  a  fraud  and  swindle  upon
the  people.  The  aspiring  city  of  Decatur,  too,  illy  brooked  her
disappointment  in  not  becoming  the  Capital.  And  now.  May  13,
1867,  at  her  instigation  and  cost,  a  writ  of  quo  warranto — an  in-
quiry into  the  right  or  power  to  act — was  granted  against  Philip
Wadsworth  and  the  other  commissioners,  impleaded  by  Judge  Wil-
son of  the  Superior  Court  of  Chicago,  and  judgment  of  ouster  en-
tered.   The  legal  objection  urged,  was  that  the  commissioners

*Fora  copy  of  Vorto*  humoraos  blU  to  dislocate  the  Capitol,  see  the  III.  State
Begister,  Feb.  22, 1867.  Jt  provided  for  aperiffrinatlnff  leirislature  by  railroad,  to  atop  at
erery  place  where  a  notice  appeared  that  legislation  was  wanted.
fflee  Bailey^  speeoh*

^Hurlbut's  speech.
ITlmea  and  Tribune.
922  HISTOBY  OF  ILLINOIS.
were  officersy  wbose  appointment  under  the  constitation  should
have  been  made  by  the  governor  and  confirmed  by  the  senate,
and  who  could  not  be  designated  in  the  bill  as  had  been  done.
On  appeal  to  the  Supreme  Coui't,  that  body,  at  the  September
term  following,  reversed  the  decision  of  Judge  Wilson,  holding
that  the  Commissioners  were  not  officers^  and  therefore  rightfully
entitled  to  carry  out  the  law.
