Omaha daily bee., 1896-10-22
SUSTAINS THE SECRETARY
Supreme Court Passes on the Appeal Of
Dissatisfied silverites.
NATIONAL DEMOCRATS GET ON BALLOT

NATIONAL DEMOCRATS GET ON BALLOT
Convention Held In Good Faith and
Due Form and Its Nominees En-
titled TO All Legal
Recognition.
LINCOLN, Oct. 2i.-(Special.)-The slen-
der thread of hope to which the free silver
democrats have been cllnging since the date
of Secretary OF state Piper's decision against
them was today ruthlessly snapped by a
similar decision on the part OF the supreme
court. The rainbow chasers of the illusiye
white metal were out en- masso when court
convened at 2 p. m, with Justice Post pre-
siding. Judge Post promptly announced that
Judge Norval would read the opinion Of the
court, which he proceeded to do. as follows:
James c. Dahlman against Joel A. Piper,
secretary of state. The shortness of time
which has elapsed since the submission of
the cause, has prevented the court from
preparing written opinion upon the ques-
tions involved. II, however, announces the
following propositions, which will be COW
cred by the opinion hereafter 10 be pre-
pared and filed:
1. Under our Australian ballot law, the
tions to nomination certificates, is not con-
fined to mere formal matters relating to
such certificates. but may determine from
extrinsic evidence whether the candidates
therein named were in fact nominated by
convention called and held according
to party usages and claiming I'm good faith
TO represent political party which cast
the requisite number of votes at the last
election; state against Allen, 40 Neb., G5l;
Phelps against Piper, Ga Northwestern Re
porter, 755 followed.
2. 1t is neither the province of the secre-
tary OF state, or the courts to determine
which of two rival state conventions of the
same party so-called and held is entitled
to recognition as the regular convention;
supra.
party in good faith nominate candidates at
conventions called and held in accordance
with the usages of the purity and certify
such nominations to the secretary of state,
he will certify to the several county clerks
the names of candidates nominated by each;
supra
4. The findings of fact made by the secre-
tary of state in passing upon objections or
protests filed against certificates of nomi-
nation, IL not final and conclusive, are at
least Drima facie correct
5. An appeal or proceedings I'm error will
not lie directly to this court to review
the decisions OF the secretary under the
Australian ballot law.
6. Applying the foregoing principles to
the conceded and undispu;ed facts. the
spondent, must be denied.
Raglan DENIES JURISDICTION.
Judge Ragan, supreme court commits
sioner, sitting with the court in these cases.
concurs with this decision, upon the ground
however, that the court has no jurlsdictional
powers therein. Speaking to this point, the
commissioner said that IL was his opinion
that in accordance with section 1876 of the
Australian ballot law the case could not be
passed upon by the supreme court by petit
tion for writ OF mandamus or by any pro-
ceedings whatever. He declared that the
lpnt toI Ind Nx. lnI..
OF deciding whether or not tickets nomi-
mated by political conventions should be
placed upon the ballot with the secretary
OF state. The supreme court had no juf1s-
diction, as II was not vested with political
and administrative powers by the legisla-
ture, and 1t never has been the intention
OF the legislature to have the supreme court
settle purely political questions similar to
this one. He thought, however. that judges
OF the district court and justices of the
peace had Jurisdiction in this particular
Under the decision OF the court the names
or the SQUAD money nominees will go on the
ballots with the designation OF democrat"
opposite their names.
The court also dismissed the cases in re-
alton to the sound money democratic nomi-
nees for congress in the Fourth and Fifth
districts.
ROSES CASE GOES THE SAME WAY.
Little or no interest was taken by the
politicians outside of the parties In Interest
in the arguments in the petition OF the Rose
faction, which were heard by the court i'm
mediately after the handing down OF the
above opinion. Paper Hanger Rose was rep
resented in court by Attorney Wooley of
Lincoln. and his opponents of the Gere con-
vention by John H. Ames and Attorney
Steele The chief bone of contention was
the construction to be placed by the court
upon the definition Of political convention,
or primary meeting as laid down In section
127 of the statutes. Mr.. Wooley held that
q body of voters under this section, had
the legal right to assemble in mass con-
vention, adopting their own nomenclature,
whether duly elected delegates or in
dividuals, and proceed to place their chosen
candidates in nomination, just so long as
the party they claimed to represent had
actually cast / per cent OF the entire vote
OF the state at the last election.
Mr. Ames took radically different view
OF this section. He argued that the only
construction which could be logically applied
to it was that while the letter of the law
says distinctly that body of voters or dele.
gates may assemble in mass convention such
body must be able to show that IL had an
actual. well organized political party behind
1t, and not a mythical agglomeration com
posed OF soreheads and disgruntled voters
Upon these two central thoughts the case
was submitted not without an argument
OF some length, however.
The court late this evening handed down
its decision in the Rose protest case. The
opinion in full Is as follows.
State of Nebraska ex. rel Frank L. Rose
against j. A. Piper. The writ of mandamus
must be denied In this case for the follow
Ing reasons:
l. The secretary of state has upon hear
ing had pursuant to statute found that the
candidates named in the petition of relator
We're not In fact nominated by convention
called and held In accordance with the
percentum of the vote of the state at the
last general election or by faction In good
faith claiming to represent party casting
percentum of the vote of the state.
q The act approved March g. 1891, known
vision for the nomination of the state off,
GERS by mass convention composed OF less
than 500 voters, or / percentum of the en-
tire vote of the state cast In the last general
election.
TERRELL DENIES BANCROFT TALE.