Omaha daily bee., 1899-10-27
TAXES MATTER INTO COURTS
Writs Of Mandamus Asked for in Placing
Names on the Ballots.
PORTER WANTS TO HAVE HIS OWN WAY
insists on Putting Holcombs Name
Ahead of that of Reese, hut Re-
publicnns Propose to Have
something to say About II.


LINCOLN, Oct. 20 Especial THE deter.
mlnation of Secretary of State Porter
TO adhere to his former decision concerning
the arrangement of the election ballots has
made 1t necessary for the republicans to
carry the case into the courts to secure
justice in all OF the counties The discussion
as to whether the republican nominees
should be given first place on the ticket or
not has confused many of the county clerks,
VINO are at loss to know whether to fol-
low the form prescribed by law or the sam
pie sent out by the secretary of state.
1t is contended by Secretary O. State Por-
ter and those who are supporting him in his
plan that the various county clerks should
be governed in arranging their ballots by
the vote cast in their respective counties.
Inc principal reason advanced for this is
that the county clerks have official knowl-
edge only of the vote cast in their own
counties. The inconsistency OF this argu-
ment will be recognized, for 1t has not been
explained why the secretary OF state neg
lectcd to certify to each county clerk the
official vote cast on the state ticket at the
last general election. The law does not re-
quire the secretary or state to issue such
certificate, but the contention that the abb
sence of such certificate makes it necessary
for the county clerks to consider only the
county vote is taken admission that
such certificate should have been sent out.
The law relating to the arrangement of the
ballots does not refer to the county vote and
gives the clerks no discretionary powers in
that direction, but is mandatory in provid-
ing that the party polling the highest num-
Der of votes shall be given the right of its
nominees Immediately beneath the names of
tho offices for which they were nominated.
Porter Lacks Authority.
Secretary CT State Porter, in an interview
today, admitted that he had no authority
to direct the formation of the ballots The
interview was printed in the local popo-
cratic organ and the secretary says:
81 merely certify to the county clerks
the names of the candidates nominated by
each political body and there my duty
ends"
This 10 exactly what has been contendet
by the republican committee.
AS means of preventing cle-ks from
carrying out the instructions OF the secre'
tary of state letters containing the eXac
provisions of the law were yesterday SEN
to republican committeeman with direction!
to bring the matter before the clerks. Not
withstanding their attention has been called
to the law and the correct form of ballo
many OF the clerks have signifed their inten
ton of following the form prescribed by the
secretary of state. In each county wher'
1t is proposed to print ballots according tt
Secretary Porters ideas an application TO
writ of mandamus compelling the count!
clerk to follow the provisions of the law
will be filed
Such suit was instituted today in tn
district court of Saline county, where al
application was filed by Joseph NJ Grimm
The application recites facts concerning tn
nomination of Judge NJ. B. Reese for stl
preme Judge, alleges that the defendan
county clerk is about to disobey the law i
the printing of election ballots, and ask
for an immediate order OF mandamus
Text of the Petition.
The petition follows:
In the district court of Saline county Ne
shestak. county clerk of Saline county
Nebraska. Petition for mandamus;
Your relator makes known to this honor
able court that he Is a citizen and vote
of Saline county, Nebraska, and as sue
of the laws of this state, that the defend end
ant is county clerk of said county, charge
for the use of voters at the election to b
held in said county on November 7, 1883:
that said defendant has prepared ana
about to print and circulate for use
said election ballots which do not compl
with the requirements of section l4o {
chapter 26, Compiled Statutes of Nebraska
in the respects hereinafter stated, that
to say, these ballots are prepared so thS
the name of Manoah b. Reese as cand
date for supreme Judge, follows the nan
of Silas A. Holcomb, candidate for the saH
office and opposite the names of these cal
didates are to be placed the designatio
of the political parties by when they WEI
nominated. ,. a.,
Your petition respectfully represents thi
Manoah B. Reese is the nominee OF the r.
publican party and Silas A. Holcomb Is II
nominee of the democratic party, the PEI
pies Independent party ana the silver r +
publican party; that at the general ele
tion held In Nebraska in 1898 there We
cast for NJ l.. Hayward, republican cand
date for governor of Nebraska 99,92 vote
and for W. A. Poynter, the nominee for Il
same office of the democratic, peoples l.
dependent and silver republican party. u
7OS votes; that said three parties Whl'
nominated w. A. Poynter have been in G
istence as political parties from the ye
1891 Inclusive of that year; that eacn
said parties In 1898 cast | per cent or
the votes cast in the state at the stner
election held in Nebraska that year; IN
therefore from the total vote cast tor
cast by any political party supporting NJ
no greater number of votes than 70, q
diminished by 3,773, which Is 1880 vote
that from the above figures, ana the rae
in the case, It is indtsputably true IN
there was poled for the republican cane
date for governor IN 1872 u na2 nha1oiiS Ky
lose votes above the number poled by al
other political party at said election, al
therefrom IL results under the provision
section iio' chapter 26, Compiled Statut