Omaha daily bee., 1896-10-21
ARGUE The PROTEST CASES
Supreme Court Hears the Controversy of the
Nebraska Democrats.
SlLvERlTES SEEKING AN INJUNCTION
Impiorc the Court to Prevent sccrc-
tnry Piper from Certifying the
sound Money Nominees to
County Clerks.

LINCOLN, Oct. 2O.-(Special )-Applica.
o'clock this afternoon in all three Of the
nomination certificate protest cases wherein
the directors were turned down by the deci.
sion Of Secretary of State Piper, for original
hearing on the petitions for writ Of man
damus to compel the secretary of state tc
reject the names of the nominees upon the
sound money or national democratic certif-
Gates of nomination and not certify them Ia
tho county clerks of the state The appli-
cation for hearing was granted, whereupon
Attorney Patrick of counsel for respondent
stated to the court that the answer was not
yet on file, for the reason that the petition
had only been filed this morning The
answer was brought into court at this mo-
ment, however, by Attorney McHugh OF
counsel for respondent, and the court asked
If the answer presented questions OF law or
of fact. Upon being assured that 1t pre-
sented the former issue only, counsel was
asked to proceed. Mr.. McHugh said they
would set up want of jurisdiction, and that
he was ready to proceed to argument as soon
as the other side was ready to admit the
facts that there were here involved the
claims of two rival political parties, each
claiming to be the only and original dem
ocratic party In the state of Nebraska.
These facts being admitted, Mr.. McHugh
opened the argument, after the court had
stated that 1t didn't want to hear the case
piecemeal, but desired to hear the argument
on the merits as well as upon the question
of jurisdiction.
The answer of respondent Is practically
demurrer to the petition of the relator
for, outside of the law in these cases, there
is only the question of the reg
trrn al RTE NJ hn
ventions held by the rival factions. The
argument of Mr.. McHugh was in support OF
his motion for judgment on the pleadings.
He thought there were some fatal objec-
I tions to be urged to the petition at bar,
which he characterized as a pure bill for an
injunction. lie had heard, he said, OF q
mandatory Injunction. but had never heard
OF an injunctory mandate.
EQUITY NOT INVOLVED.
He thought that equity could hardly be
appealed to in this case, for the reason that
no property rights were involved merely the
rights of individuals associated together for
political purposes. After recitlng the
grounds OF the motion briefly which ac-
corded with the findings of the secretary OF
state those findings were also read in open
court in support of the motion, counsel
holding that that decision of the secretary
was final in view of the opinions heretofore
handed down by the supreme court one and
two years ago, in the Sturdevant and Phelps
cases; and that therefore the court could not
possibly have jurisdiction in cases at bar.
At this point in the proceedings the court
intorvened long enough to inform Attorney
Woolley, counsel for the Rose faction. that
leave has been granted him by the court
to file his petition for similar writ OF man
damus but the court refused positively to
fix a date for hearing until Mr.. Woolley
had made n stipulation with opposing coun-
sell as was done by parties in case at har.
In conclusion Mr.. McHugh held forcibly
that there had been a historical continuity
running through all these cases since two
years ago, and cited the queer predcament
OF the secretary of state last year, when
two rival conventions were held, two tickets
placed In nomination. and the secretary was
then going to certify both to the county
clerks, when his present opponents brought
an action in the courts to compel him TO
certify their certificates and ditch the other
fellows, who are this year successful under
the secretary's decision. Finally, he con-
tended that the supreme court has no au-
thority to review as original jurisdiction the
action of the secretary of state in such
cases; but on the contrary, declared that
the statute says that the secre.ary's decis-
ion shall be final unless reviewed by a dis-
trict judge. county judge or justice of the
supreme court sitting in chambers.
Judge Wheeler of Lincoln then addressed
the court on behalf Of the petitioners, say
ing that he would speak only TO the point
that their ticket represented the only demo-
cratic party in the state of Nebraska recog-
nized by the national democratic convention
at Chicago. This. he thought, ought to be
final as to the authority for the call under
which their convention was held. He wound
up by stating that these cases were yet new
in this state, where there is hardly prece-
dent to go by as in Colorado and Illinois.
The whole array of counsel was lined up
as follows: For petitioners, Altschuler e
Bane and Judge Wheeler OF this city; for
the respondent. John H. Ames and Atttor-
neys McHugh and Patrick of Omaha The
cases were submitted on the arguments.