Omaha daily bee., 1899-10-20
DECIDES In NEVILLE'S FAVOR
Secretary Of State Turns Down the Protest
Made by Juan Boyle.
VACANCY ON TICKET REGULARLY FILLED
Proceedings of the Congressional
Convention Are Aired mt Length
-Amdnvit of Harrington is
Placed in Evidence.

lowed as a result OF the nomination OF Nj. G.
Harrington were gone over before Secretary !
OF State Porter today and much conflicting
testimony touching upon the actions of the
convention submitted.
The matter came up for consideration !
on the complaint Of Juan Boyle |
OF Kearney, who is contesting the appoint
ment OF William Neville by the democratic
congressional committee as the nominee OF
the democratic party for congressman, his
complaint being based principally upon the
allegations that the selection or appointment
was not made at regular meeting OF the
committee and that the commits had no
authority to fill vacancies on the democratic
ticket. During the hearing the question was
brought UP as to what constitutes quorum
and a supreme court decision was clted Dy
Boyle's attorney, which held invalid nomi-
nation or appointment by several persons
constituting a minority of committee when
due notice has not been served upon ali
members of the committee.
Secretary Porter, after the hearing, de-
cided against tho protestant, holding that
the preponderance of the evidence estab-
lished the fact that resolution was passed
authorizing the democratic congressional
committee to hl any vacancy which might
occur; that in the absence of any positive
proof to the contrary, the certificate OF NOM
ination, being itself prima facie evidence
that a regular meeting Of the committee was
held would be recognized as legal.
Boyle VIII Go Into Court.
Proceedings will probably be instituted in
court by Boyle to prevent Secretary Porter
from certifying to the county clerks the
name of William Neville as the democratic
nominee for congress. If such proceedings
are commenced the same ground will be
gone over and reliance will be placed on the
assumption that the second meeting OF the
committee was not legal one due notice
not having been given to all members.
The democratic committee was represented
by Deputy Attorney General Oldham, Will
liam Neville by A. f. Parsons of North
Platte and the complainant, Juan Boyle, was
present with his attorney, A. j. Sawyer OF
this city. Aside from these gentlemen, few
popocratc officeholders and most OF the
state house force of janitors, no other per-
sons were present.
AT the outset an attempt was made to
have the records of the officers of the DEM
ocratic convention produced, but 1t was
pointed out by Mr.. Sawyer that there was
no law by which this could be done and the
hearing finally proceeded The attorneys
representing William Neville and the demo-
cratic committee contended that due notice
and that resolution empowering it to fill
vacancies had been adopted by the conven-
ton. In support of this contention several
afIidayits were submitted, among them one
signed by NJ. G. Harrington.
In support of the protest afiidavits OF dele
gates to the convention were submitted, In
which it was asserted that no such resolu-
ton had been passed The first witness was
the complainant Mr.. Boyle told briefly OF
the work of the democratic convention and
the nomination Of NJ. C. Harrington, denying
that any resolution was passed by the con-
vention authorizing the congressional COM
mittee to make appointments on the ticket
He told in detail Of the meeting on October
8 and how he resigned as chairman.
Thinks He Was a Candidate.
Adjutant General Barry was sworn by thu
defense and questioned concerning the de-
uberations of the democratic convention. II
response to question as to whether III
was candidate for the nomination for con
gress he replied that he thought he was. H
said he visited the democratic convention
several times the last time about midnight
He was asked whether he knew that reso
luton empowering the committee to fill va
cancies was passed while he was there. II
said that while he was in the convention
hall talking to a friend a gentleman aros
and carried. He was not able to catch 1t
purport he said, and later informe
that it delegated such power to the con
gressiona committee. On cross-examinatio
by Mr.. Sawyer he again asked IL h
caught the purport of the resolution whe
1t was offered and he replied: mo, nc
clearly"
John c. Haligan of Lexington was put o
the stand this afternoon and testified tha
noua hn opnit n
thority to fill any vacancies that might oc
cur on the ticket.
An affidavit signed by Barton B. Bake
delegate to the convention from Dawso
county, was produced, in which the affair
swore that he had introduced a resolutio
providing for the appointment Of the cor
gressional committee; that the resolutio
carried, and further. that it contained prt
vision authorizing the committee so a.
pointed to fill vacancies. This was col
roborated by an affidavit OF Forrest
whedon OF Kearney, editor and propriett
of the Kearney Democrat, also a delega
to the convention.
The afiidavits in support of the contentic
OF the defense were signed by p. II. McEvC
and James DAILY and M. c. Harringto
Several others were also produced certifyir
to the appointment of Neville in place
Harrington, resigned.
HarrtnEtOns Afhdaytt.
Following is the affidavit of Mr. Harrini
ton
State of Nebraska, County of Lincoln, SIS
NJ. c. Harrington, being first duly swor
deposeis and says that he was a delegate
and present at the democratic convention
the Sixth congressional district OF n
braska, held at Lexington, Dawson count
Neb ON the 18th day OF August, 1899. Tn
he was nominated by said convention as I
democratic nominee for congress and tn
lust before adjourning said convent
adopted a resolution empowering the co
gressionai committee, consisting of 1
chairmen of the county central commtte
of the several counties in said district,
All any vacancies in the ticket nominal
by Them that day. Afiiant says that
afterward withdrew as a candidate.
Affiant further says that he correspond
with all the known committeeman OF t
said district regarding the matter of MOI
ination. Affiant further says that II W
the expressed desire Of the demoeratiG sta
central committee that Mr. Neville
placed upon the ticket and aftiant verify
Eeyes that II is the choice of more than
per cent of he democrats of the said d
tr!ct that Mr., Neville be placed upon t
ticket as our candidate for congressm
and that his nomination was the free a