Omaha daily bee., 1899-10-31
WANT TO DO THE SWALLOWING
PopuIists vigorously Contend That
They Arc the Outside
Party.

The issue of the sample ballots by the
county clerk is being delayed by the legal
complications arising In reference to the
form and contents of the official ballot.
Hardly had the Carr -Langdon mandamus
case been decided, involving the populist
nomination for the county judgeship, when
suit was filed by John o. Yelser and Elmer
Thomas, representing the populist commit
tee, asking that the county clerk be required
to put the names of fusion candidates first
upon the ballot.
An application for writ OF mandamus upon
the clerk was presented to Judge Powell late
Saturday night at his home and an order
was issued requiring County Clerk Haverly to
show cause at o'clock yesterday afternoon.
The relators in this application contend at
the last election that w. A. Poynter, candi-
date of the peoples party for governor, re-
ceived 95,703 votes, while NJ L. Hayward,
candidate or the republicans, received but
! 92,9S2.
The law provides that the party polling
! the highest number OF votes at the last pre-
| ceding election for the head of its ticket
| shall be entitled to have it's candidates
placed first in order upon the official ballot
| This is to claim that the populist party
| polled all Of the vote for Poynter, leaving
nothing for the democrats and free silver
republicans. The effect of the law seems to
| hinge upon the meaning of the word poll" /"
| Should the law be construed to permit the
placing of the populist nominees first on
the ballot, it is likely to give rise to an en-
barrassing condition of affairs for the dem
ocrats and silver republicans. Only upon the
theory that these parties each polled 1 per
cent of the total vote at the last preceding
election are the democratic and free silver
republican parties entitled to hold conven-
tions and nominate candidates.
If, as is claimed, the peoples party polled
all of the vote for Poynter, then the demo
Gratis and free silver republicans must have
poled none. II they each polled the / pc!
cent necessary to entitle them to recogni-
ton as political parties, they must have
polled together at least 3,773 votes. II they
did poll at least that many, then the popu.
list party cannot have polled more thar
, $3.50 out of the 95.7O3 received by Poynter
, while the republicans polled 92,9s7. 1t woult
seem to be difficult to harmonic this conten
ton Of the populist party with any construc
> tion of the law that will permit the demo
cratic and free silver republican parties t.
claim any recognition under the statutes
: II the populist party polled all these votes
then the others must have polled none, an
a instead of the democratic party swallowin
the populist party, the process will have bee
| neatly reversed.
{ When the case came up yesterday c
r J. Greene. who appeared for the count
d clerk proposed a stipulation Of facts, an
pending it's preparation asked that the cas-
a go over until today, as he was billed fo
) | a speech at the capital last night. His re
, quest was granted. Judge Powell sal
that from an off-hand reading {
the law he was led to believe that tn
n only question in the case was as to the nun
: ber of votes. The stipulations proposed sho
!. that w. A. Poynter was nominated for go,
b ernor by the populsts, after which he We
e also nominated by the democrats and FIRE
l. silver republicans. The sample Of last year
,r blanket ballot is admitted. Upon it Poynt
10 appears as the candidate of the three partie
" his name being at the head of each tt
republican column comes first on the balc
III l. is probable that there will also be
ts stipulation as to the number of votes ca
l. for Poynter and Judge Hayward.