Omaha daily bee., 1902-10-25
CUTS OUT STRAIGHT TICKET
Democrats and POpulists in Some Counties
viii Lose If They Use Circle.
WANT LIGHT ON THE KENYON SCHEME
Foot bali Team VIII Have Plenty Of
Rootors for the Game with the
Missouri Tigers Mt 81.
Joseph. Nf
Trom a Sian Correspondent.l

AEEuH n 0Adh correspondent
LINCOLN, Oct. 2A-(Special )-Attention
has Just been called to the fact that under
the form Of the oficial ballot as sent out
by the secretary Of state populists and
democrats in counties where there Is not
complete fusion will be unable to vote the
straight ticket this year and have their
votes counted. Secretary Marsh appears to
have unwittingly followed the form Of off,
cial ballot laid down in schedule A OF the
general election law In the compiled stat
utes OF 1901. which puts the names Of two
parties after candidates name and enclosed
them in a brackett. 1t does the same for
the party designations at the top Of the
ballot opposite the circle in which the
voter is privileged to record his vote for
a straight ticket.
As the ballot has been prepared and sent
out with but a single circle after the names
democrat and peoples independent. it is
apparent that where these two parties
have separate candidate, IL will be impos-
sible to vote for either of them by .vot-
Ing the straight fusion ticket.
John F.. Nesbit and w. G. Sears OF Burt
county were the first to call the attention
Of the secretary TO the defect, which they
did today. IL appears that there is a lack
Of fusion upon both the legislative and
county tickets in Burt county and It was
tulb TACT WHICH leu 10 the discovery. OeCTe-
tary Marsh says that where a candidate
may have been nominated by the demo-
Gratis and has no populist opponent, or vice
versa. the vote in the straight ticket circle
OF the fusionists may probably be counted
for him, but In case the populists and demo-
Gratis each have a candidate up for the
same office It will be impossible to tell
for which Of them the voter intended to ex-
press his preference.
In following the statutory form in the
preparation of the ballot Secretary Marsh
has disregarded a decision Of the supreme
court rendered last fall, in which the syl-
labus was as follows:
1t is the duty of the proper officer in pre-
pairing all official ballots 10 put at the ton
and left side of the ballot, In black-faced
capital type, not less than one-eighth of an
candidates on the ballot, and to the right
Of each party a circle one-half inch in
name to each circle. The form of the bal
lot should be uniform throughout the state.
Secretary Marsh had not had his atten-
tion called to this ruling until today, and
as 1t is now too late to correct 1t, the
only recourse is for democrats and popu-
lists, in cases where they have not fused
on the whole ticket. TO vote for each in
dividual candidate Of their preference.
Mayor Wants Light.
II w. j. @. Kenyon OF South Omaha
would only enlighten the puzzled city off,
Gals as to just what card he has up his
sleeve he would greatly relieve the gen.
tlemen affected. At the last meeting Of
the council he was given a ninety-day OPP
ton to buy the city's right and title to
that part OF the old Lincoln system which
was foreclosed upon for unpaid taxes, Ken
yon agreeing to pay $1,000 for 1t II he
took 1t. He put up no forfeit.
Mayor Winnett has SO far declined to
sign or approve the option. and there is
likely to be another tussle over the matter
next Monday evening, If Mr.. Kenyon win
disclose his plans he may not have any
more trouble; II he doesn't give some as
surance that 1t is not a mere speculative
venture. the mayor will certainly turn It
down.
Kenyon's connection with the Armours
and his recent purchase of the West Lin
coin stock yards, whence the bit of road
he is now after runs, has led to all sorts
Of tales about that suburb being made
another South Omaha. but Kenyon is mum
and most persons believe there is another
scheme than that under the hat.
Heirs Get No Relief.
Leconpton Solomon and his brothers
and sisters OF Omaha lose out in their suit
in the supreme court to compel their step
mother. Margaret Solomon, to account to
them for property they asserted was held
by her in trust, which she claimed she
owned. The court admits that there is
much in the demands OF the heirs that
appeals to the equitable conscience of the
court, but the evidence and the law as
laid down in previous decisions do not
permit of the giving Of any relief.
Must stand Loss.
A. L. Etheridge will have to stand by
his mistake, although 1t cost him Ss5 cold
cash, because Of lawyers fees and court
costs. He was a grain buyer at Green
wood for j. A. Conner of Omaha and had
authority to sign checks for him in pay
ment OF purchases. Two of these, aggre-
eating the sum stated. were thrown out
and he personally made them good. HI
lost the checks, however. and when he in>
sisted upon Conner making them good he
ives told to produce them. When he finally
settled with Connor he gave him a re-
ceipt in full. and did not except these
checks. At that time he supposed they
were lost forever. and not being aware
that he had a legal recourse he said moth
ing about them In the receipt he gave.
Later he found the checks and sued Con.
nor. The court says that the receipt in
Iull h6tlltu tue controversy ana IndI Elnef~
idge must stand the loss because he didn'i
know the law.
Creighton VIII Contest.
The Joseph Creighton will contest case
from Douglas county received it's final
Quietus at this term Of court. The OBJ.
~iections OF grandchildren to the st. Jo'
seph orphanage asylum bequest were over
ruled.
Their mother originally began the con
test and in district court beat the will
but the supreme court upheld the asylum
bequest, which was objected 20 on tn,
ground that It was too indefinite In form
At that time the children appeared on be
half Of the will. Their requests under tn
will have been conveyed to them, and tn,
present objections were founded largely oil
technical claims as to being unrepresente
By guardians ad litem during minority.
sOath Omaha Paving.
The court held that the protests OF r
II. Jones and other residents OF Soutl
Omaha against the payment OF paving take
levied In 1892 were good and that the take