Omaha daily bee., 1898-11-18
ROW Mold NEMAHA'
Jones Thinks He is Entitled to the Seat
Given to Swan.
PECULIAR USE OF THE BLANKET BALLOT
Fusionist Votes for a Popular Repub-
1icnn Candidate P~rccipitatc a Pose
sible Contest that May Result in
Ousting One Of the Combine.

LINCOLN, Nov. 17.-(Special.)-There is
a curious election row down in Nemaha
The fusion candidates for the legis-
laturc were Jones aud Swan. Jones was q
Of republican antecedents and was
for reelection. Swan was a DEM
ocrat of the old school. Through the CAM
paign there was not the best OF feeling be-
tween the men. Swan claimed that Jones
record In the last legislature was hurting
the ticket, while Jones was certain that
was losing votes for everybody by his
method Of campaigning ind his style Of
After election the official count
showed that one republican was elected by
a good majority and that wan was the
other successful man. leading Jones by one
vote. The friends Of Jones have discovered
that In one precinct swan got credit for
twenty votes that should not have been
counted. 1t was in a precinct where Arm
strong, the republican, was popular, and
twenty fusionists who voted practically
straight tickets also made a cross after the
name Of Armstrong. Owing to the compli-
cation of the ballot law the judges Of cleo
ton decided that the votes should count for
Armstrong and Swan, although there was
uU CIUSS dlltT III uduuc VI oWdh III any "
the scratched ballots. The law is explicit
on this point. the judges of election ac-
knowledge that their ruling was wrong and
everybody knows that Jones was legally
elected. 1t is said that there are other ,r-
regularities down there that would result in
the seating Of Jones should corrections be
made, and it is probable that the "allied
forces OF reform" in Nemaha county arc
likely to get into a contest. Should the
fuss DO brought into the legislature IT will
furnish a further incentive to the amend
ment of the present ballot law.
Let's the Governor Out.
The supreme court today made the fol-
lowing holding in the case brought by Vic
tor Rosewater to compel Governor Holcomb
to act in the Fire and Police Board matter:
This action was to compel the respondent
to perform certain duties claimed to devolve
upon him by virtue Of his Office. In State ex
rel Smyth against Moores, rs N. w. Rep. 175.
it was held that the act OF the legislature OF
1897, insofar as it assumes to confer au-
thority upon the governor to appoint fire
and police commissioners in cities Of the
metropolitan class. is void. The duty Of
which it is now sought to compel the per-
Torrance depends for its exercise upon the
force of the statute above referred to, and as
the statute is void no such duty exists. and
therefore its performance cannot be con-
trolled by mandamus."
The court handed down an opinion in the
Irvine case, affirming the judgment Of the
district court. The case arose out Of a dis
pute between Commissioner Irvine and
Auditor Cornell. Irvine put in a bill for pay
for lectures delivered at the university and
Cornell refused to approve the voucher. The
auditor was prompted by the celebrated
opinion written by the attorney general,
which held that an employee Of the state at a
specified salary lowed all his time to the
state" The fact that employees Of the offices
OF the auditor and the attorney general have
drawn extra pay in addition to their salaries,
and that the attorney general himself had
taken additional pay whenever possible,
made this ruling a subject of much sport
during the campaign. The Irvine case was
tried in the district court, and the verdict
was against the auditor. The affirmation OF
this decision by the supreme court allows
Irvine to draw his pay. There is a prece-
dent in the matter, although it is not exactly
In judicial form. While on the supreme
bench Judge Maxwell entered into a con-
tract with the regents and drew extra pay
TOT featuring AT the university.
The syllabus of the opinion is as follows:
/. An incumbent of a state office, Of which
the duration and salary are definitely fixed
by statute, Is not accountable to the auditor
Of public accounts of the state for the man.
ner in which as such incumbent he has dis
charged the duties Of his office.
9. Where a state officer has rendered
services outside OF and not incompatible
with his duties as such officer, 1t Is MOI
proper for the auditor OF public accounts 81
the state to refuse to issue a warrant In
payment of such extra services merely be-
cause the said state officers salary. already
paid, was for the period during which the
said extra services were rendered.
3. A statute created the office Of commits
sioner Of the supreme court, prescribed his
duties, provided his compensation. payable
quarterly, and only forbade. during his term
his engaging In the practice Of law. Held
that neither upon principle nor upon statu.
tory grounds was such commissioner prop
erly denied compensation for lectures de.
livered to a law class Of the State univer-
sity. since such extra services were not in
compatible with or included within the scope
Of his duties as such commissioners.
In Dissenting from the opinion Of the
court Judge Sullivan says: 1.-THE judgmen,
in this case e~nforces a claim entirely mer-
~itoricus. I think, however. the contract
which is the basis of the action contravenes
sound public policy and that the decision
will prove to be a mischievous precedent"
Admitted to the Bar.
Examinations have just been held before
a commission appointed by the supreme
court, whereby the following persons were
admitted to the bar: w. T. S~cailan, Lin
coin; M. j.. O'Connell. Sioux City; w. NJ.
Johnston, Osceola; Allen Farmer. Omaha:
James A. McGraw, Lincoln; James c. Kins-
Ter. Omaha; Charles 8. Wittwer, Omaha;
H. A.. Frank, Omaha; H. r. Bishop, Lin
coin. Kinsler passed with the highest per-
centage that has been held by any student
since the present plan OF bar examinations
was adopted.
The Geographic report from the Third reg
iment today shows seventeen enlisted men
sick in hospital. twenty in quarters, one Of
fcer and sixty enlisted men absent.
The first company to respond to the call
for the organization of a new national guard
regiment is Company X from Schuyler, the
application coming in this afternoon. 1t is
expected that there win be one or two va
cancies on account OF failure to organize
companies where the old ones were located