Omaha daily bee., 1897-10-10

Dy tue NATIONAL and state conventions OF the
democratic party last year, and by the state
convention this year. At no time had they
recognized the existence Of another demo-
cratic party. The organization now calling
Itself the national democratic" party had
originated In 1S9i aud had continued up 10
this time. His recollection was that an or
ganization had been maintained and state
committees had been appointed each year.
The first split in the democratic party had
occurred In 1894 at the state convention,
after Bryan had been endorsed for United
Stltes senator ard Holcomb endorsed for
governor. Mr.. Dahlman admitted that the
national democratic wing mad adopted plat
form this year which was In harmony with
the Indianapolis platform and that IL had
not nominated republicans or populists 10
office. He also admitted on cross-examna-
ton, that last year the electors OF the silver
democrats had been pledged to cast four
votes for Bryan and Sewall and four for
Bryan and Watson.
Frank Heller, secretary OF the national
democratic committee, was also called by
Mr. Dunn to testify as to the action OF the
recent convention which nominated Wool
worth. Mr.. Heller said that the resolution
authorizing the executive committee to fill
vacancies had been presented in writing TO
the convention by Mr.. Mahoney and had
been adoCte1 unanimously by the convention.
He said that he was delegate TO the con-
vent,on. The delegates had been selected by
the state committee Of the party.
Mr.. Dunn in his argument said that the
certificate or nomination of Mr.. Switzler had
not been made according to law. The stat
ute had not conferred upon the executive
committee OF any party the right to select
any candidate. The convention Rad author
lZed the central committee to fill vacancies
and that authority had been delegated to an
other committee. The law said vacancies
must be filled by committee selected by the
convention. The executive committee was a
subcommittee and had no existence at the
time the convention was held. The executive
committee had been authorized by the con-
vention. but had not been selected by the
delegates thereof Further continuing his
argument Mr.. Dunn said that the so-called
democratic party had no right to use the
word democrat" There was only one dem
ocratic party and 1t was a national party.
mere was nothing In the word national" to
distinguish one party from the other. The
use OF the name would deceive the voters.
They had no right to use the word demo
crat. The law had been passed by the legs-
lature to prevent such an action on the part
OF a political party.
SAWYER EXPLAINS THE SITUATION.
Mr. Sawyer, for the national democrats,
said that this was the fourth time the rights
of his party had been contested Up to 1894
there had been no question as to what was
the democratic party. 1t had always met
and Nominated democrats. In 1894 the con-
Vention had seen fit to nominate a populist
for office and those who believed themselves
80 be democrats withdrew from the conven-
ton. Since then they had maintained an
organization and had cast more than l per
cent of the vote. This year his party had
adopted platform different from that of any
ether organization, but which was in har-
mohy with past platforms and principles of
me democratic party. 1t was the same
party, but the law passed by the last legisla-
ture had made it necessary to adopt a name
diherent from that of other organizations.
He could endorse the argument used by the
counsel of the silver republican party this
forenoon, in which they claimed that the law
ala not prohibit them from using part of
the name of another party. The argument
that no part of name could be used was
an absurdtty, as it would prevent the using
of any let er in the name. The speaker
knew of no national democratic party except
the one to which he belonged There had
formerly been q national democratic party
but it had gone out of existence some time
ago. In the use Of the title now adopted
no voter would be confused. They had not
endorsed the nominees of some other party.
There was no mixing up of parties. Men had
been nominated whose politics could not be
questioned. The argument by Mr.. Dunn that
the executive committee could not name Mr..
Switzler was extremely technical. In ac-
cordance with decisions made in other states
these points should be literally construed.
Mr. Dunn closed the argument, in which
he reiterated many OF the statements he had
made in the opening. He called attention
to the fact that at one time the democrats
had nominated republican for president,
and in state politics some of the men who
were now claiming to be national democrats
had favored the nomination endorsement
of republicans. He concluded with an argu-
ment to show that the use of the title ma
tional democrat" would tend to deceive the
voter.
OVBRRULES BOTH PROTESTS.
The secretary OF state announced his de-
cision in the case tonight, in which he held
that both the silver republicans and national
democrats could properly appear on the bal
lot. He considered the silver republican
case first, and formally recited the proceed
ings by which the case was brought. Con-
tinuing, he said that after hearing the ar
guments of the counsel and carefully exam
ining the law he had come to the CON
clusions:
First: An organization calling themselves
silver republicans had assembled in the city
of Lincoln under a call and with the
number of delegates required by law,
party emblem and adopted the party name
of silver Republican Party" to appear
on the official ballot as Silver Repub-
deceptive. and whether from intent or other
wise, is liable to deceive the voters is in
my judgment not we'll founded, for the rea-
=
severed itself from the regular republican
party solely upon the issue of the free coin
age of silver, and i can conceive of no name
they might have adopted to better express
their political standing than "Silver Re
publicans."
Taking into consideration the fact that
under our present form of ballot each ticket
or set of party candidates will be printed
in a separate column, with distinct party
the very name adopted by the organization
aforesaid designates the true difference be-
hArt nd tna Rl,.- 1, It..,,
party, / am constrained to believe that
there is no reason why any voter should be
deceived by the aforesaid party name
protest Of the aforesaid j. r. Webster IS
not well founded and is hereby overruled
and that the aforesaid candidates of the
party calling themselves SILVER Repub-
licans" may properly appear on the official
ballot under the designation of ''Silver Re
publican"
CALLS DEMOCRATS DECEIVERs.
In, tEn do