Omaha daily bee., 1899-07-09
SHIELDS READS HIS TITLE CLEAR.

Judge Powell Dismisses County At
torney Contest mt Cost Of ReIatOr.
The quo warranto proceedings brought by
Phil E.. Winter to test the right OF George
w. Shields to hold the office of county at
torney were dismissed at the cost of the
relator by Judge Powell yesterday. The
opinion included an elaborate analysis of
the law in the case, and the reading was
heard with close attention by a large au-
dience Of attorneys and interested parties.
AT the end Shields did not attempt to con-
ceal his delight and he, with some of his
intimate associates, left the court house
yociferously jubilant over his success in
maintaining his grip on the county salary
roll.
In his opinion Judge Powell first reviewed
the contentious of the parties as they are
set forth in the pleadings. The principal
grounds on which Winter asked for a writ
OF custer were: That the name of Shields
was printed three times on the official bal
lot as the pretended nominee OF three dis
tinct and separate political parties, when,
as a matter of fact, he was regularly nomi-
mated by only one OF these parties; that the
only votes legally cast and entitled to be
counted for Shields were those voted under
the emblem and in the column marked
democrat" that Shields did not receive
as many votes in this column as Winter
did in the column marked Republican"
but that the canvaesing board wrongfulIy
counted Az having been cast for Shields the
votes appearing In all three of the columns
in which his name appeared, and that the
official ballot, as used with reference to the
office OF county attorney, was void because
the use OF Shields name three times gave
him an unfair advantage over his opponent,
and that by reason Of authorizing the use
nf such a ballot the act nf tho 1anilot,,o
under which the election was held is I'M
constitutional and void.
In regard to the first proposition Judge
Powell stated that there is no Nebraska
decision in point. Several decisions in
(Which 1t was stated that no candidate was
entitled TO have his name printed more
than once on the official ballot were given
in connection with the law of 1891, which
was in force before the present law was
passed. He quoted, however, from an
obiter dictum in the opinion in the case of
the state against Allen, in which II was
stated that in certain other states 1t is clear
that the name of each candidate should an
pear on the ballot with the ticket of every
party by which he has been nominated.
Several decisions OF the supreme courts of
these states were cited in support OF This
view.
The court stated that his personal inspec-
lion OF the ballots had indicated that there
were 1868 ballots cast. OF which Shields
received 9,235 and Winter S,26s, giving
Shields a majority of 967. He then assumed
tha every elector is entitled to believe thai
the ballot is correct as he receives 1t and
that the officials who prepared 1t have done
their duty. He added: at does not appear
from an inspection of the ballots, nor from
any other evidence introduced or offered.
that any voter was misled or deceived in the
slightest degree by the form of ballot used
or that he voted. or that his vote was
counted for any candidate other than for
those for whom he desired TO vote. and vet
this court is asked to disfranehise 9.2O7
electors, who, intelligently and in good
faith, cast their ballots for Shields, and to
declare Winter elected to this office"
This was followed by the citation OF nu-
merous decisions relative to the form of
nomination and the court ruled that since
the official ballot used in this election was
prepared and published at least five days
before election and the relator had failed to
file any objection until after the election, be
was then e%stopped from complaint.