The McCook tribune. (McCook, Neb.) 1886-1936, 1888-11-02
As TO FRAUDULENT TICKETS.
ATTORNEY GENERAL LENSES OPINION
ON n SuBJECT.

AIIbhNEf tENEhAb LfbSE > OtlNlONs
ON THE SUBJECT.
STATE OF NEBRASKA, ATrORsEY GENERALS
OFFICE, LINCOLN, Oct. q, lsS5.-Hon. L.. ID.
richards. Chairman State Central Committee.
Lincoln. Neb.-Dear Sir: Your communication
OF the 18th INST. ls at hand asking my opinion
as To the legality of u ticket headed republic
can ticket, with the name OF another thereon.
not found on the regular ballot having such
heading.
In answer thereto I would state that under
the provisions of section lis OF chapter 20. en-
titled elections, all such schemes TO deceive
the electors ARE declared To be fraudulent.
Section ll6 of same chapter makes IL a GRIM
iral Offense for any persons causing ballots TO
be printed with IL designated heading, contain
my u name or names not found on the regular
ballot having such heading. Or, for any per-
son to knowingly peddle or distribute aay such
ballot.
The statute is remedial. and to arrive at the
intention OF the law makers we must consider
The old law. the mischief, and the remedy.
With this rule in view there can be no doubt
but what the intention of the law makers was
TO avoid any deception that might he practlc-
ed on the elector. And i would deem IL the
duty orthe canvnssfng bOnrd to refuse to count
The vute tor anyone whose name is printed or
pasted in print upon the ticket. unless the
name of that person is found upon the regular
ballot having such heading.
The ticket sent me for inspection headed
'Republican Ticket AMI the names OF presi-
dental electors are thereon under the head of
'ElectOrs." Now. under the word state on
on such ballot tn print the words "UenOcratic
Candidate for Governor" or "Prohibition Can
dldate for Governor" or Union Labor Candi-
date for Governor" or any other officer, and
following thereafter II name not found on the
regular ballot of the party of such heading, ia.
in my opinion, an illegal vote for such candi-
date for governor or such other office.
The heading il Republican Ticket" Tho
words democratic" ''pr0hihitiOn," or union
labor candidate for governor. as printed ON
the ticket. is a designation of the officer To be
voted for: a name found thereon. other than
the name found on the regular ballot. Ia but u
scheme or device tn mislead. and contrary TO
law. The only method by which such name
can be legally counted. Is for the %electpr. or
some other person, to erase the name found
thereon, and write in the place thereof the
name of the person the e!ectOr wishes to vote
for. Any other method is In my opinion illegal.
Yours very truly;
Attorney General.
THE LAW ON u SUBJECT.
SEC. lis ~tFRADULgNT BALLOT l-when at
any general or special election Il ballot
with a designated heading contains printed
thereon, In place of another, Il name
not found on the regular ballot having such
heading. such name shall be regarded By the
judges AZ having been placed therein for the
purpose of frand, and the ballot shall not be
counted for the name so found. lSectiOn one
Of An act to prevent frauds mt elections. and
to provide punishment therefor" Took effect
February %. 1888.
SEC ZIG. ISAME-PESALTY. That any per-
son causing ballots to he printed with n deslg-
mated heading cor tanning a name or names not
''u'' WI tut i'Eui'I DftiI'l IuNlHH HICH Hthu
ing. or any person knowingly peddlIng or dis
tributing any such ballot with intent to have
such hnllOt voted at any such general or spe-
cial election, shall hP deemed guilty of n mis-
demcaTOr, AMI shall on conviction thereof. for
each Oifense. I've fined In any sum not less than
fifty nor more than tive hundred dollars. and
ne Imprisoned I'm the county jail not exceeding
sixty days I'D. s2.1
The growth of Texas has been so phenOmen-
al during the past decade that II is estimated
that the next census will give that state n pop.
ulation which will entitle II TO at least twenty
members of COM ress. 1t is claimed that Mt
the present rate of development it will have a
greater representation in the national legisla-
ture in 1900 than i'm the state of New York.
The expansion in the population of the western
states within the last decade furnishes Il record
of growth that has never been equaIcd in the
history of the world. 1t has Grawn the eyes of
all nations to the boundIess resources OF the
American republic and the opportunities
which the country affords to people who arc
willing to work and who have the patience to
wait for the results of their toll.
I'm my Journeys over the state says T. c.
Munger who has just returned from an orator.
ical excursion into northern Nebraska, 81
have not met a republican who intended to
scratch Gov. Thayer; neither have / heard of
one. 1. W. Lansing and Fl. c. Russell have
noted the same thing. Our experience comes
pretty near covering the whole state, and if
Mr.. McShane's Doodle was beginning to have
any influence on the republicans anywhere in
Nebraska we ought to know it,"
Thursday morning, abundant evidences were
everywhere visible that the preceding night
h~l boon l..
larger growth of the city, after the manner
common in concentrating Halloween.
About everything portable and get-at-a-ble in
the municipality aud suburbs underwent q
change of base and in some cases a radical
change of appearance. Some needless deface-
ment and destruction of property occurred,
butt in the main, the spirit Of fun predominated.
We hear it rumored that there will be a re.
publican precinct caucus this evening. some
where. Outside the fact that this paper has
not been shown common courtesy in this mat
ter. it occurs to US that snap Judgment has
been taken on the republicans of this precinct
in deferring announcement until the last mo.
ment.
The work of rearranging the lower floor of
the depot building is being pushed along rapid.
ly. Supt. Campbell will have far more COM
modious and convenient quarters on the
ground floor, and the telegraph office will be
correspOndiDgly enlarged.
There will be q republican rally at the Clark
school house in East Valley precinct, Monday
evening. Nov. 3, Iso8. Everybody turn out
Kaleidoscope.
Be on the alert for democratic games. They
never fail to spring something on the eve Of
election, when the possibility Ofdenial is gone.
The work of grading Main Avenue is pro-
crossing rapidly in Il busincss-lIke manner,
under the direction OF Cor tractor Bennett.
The ladies' of the Methodist church will
open 4 baZar on the afternoon and evening Of
Wednesday, the 14;h inst. Numerous fancy
and useful articles will be Offered for sale.
On "Wednesday evening there will be a baby
show. Cake and coffee will BE- served at 10
Cents. Thursday evening oysters will be On
the bill of fare. The price of admission will