Omaha daily bee., 1902-11-29
MERCER FAILS TO REPORT
No Statement of His Campaign Expenses
Filed With County Clerk.
QUESTION As TO PLACE OF RESIDENCE
Law says statement Must he FILED
In County in which Candidate
Residest Therefore Mercer
May BE Exempt.

County Clerk Drcxel has tucked away in
the once vault cabinet the financial state
mentE Of the campaign filed with him by
those who were candidates, or at least
thought they were, at the recent election,
and In some instances these reports tell
tales Of costly dlsappointments' The candi-
dates had to make such filing within ten
days after the election and the treasurers
Of the committees within twenty days.
The time being expired, 1t wac supposed
that all had complied, but this morning In
running through the bunch there was dis
covered an important omission which raises
n interesting question Of law for those
who can bear to discuss the affairs Of the
dead.
Section 4 Of article III OF the corrupt
practices act states that every person who
shall be a candidate for election to the
ONCE Of representative in the congress of
the United States or to any ONCE which
under the laws OF the constitution of this
state Ia to be filled by popular election,
except township, precinct or school district
Of1cers or village trustees, shall within ten
days after the election held to fill such
once, make out a statement in writing ana
nle the same with the clerk Of the county
in which he resides and make out and file
a duplicate thereof with the board Of ON
7Soius II any, tnlpOWtTtu Dy law 10 lbaue
the certificate Of election to such office.
Such statement shall set forth in detail
each and all sums of money and other
things Of value contributed, disbursed, ex-
pended or promised by him and Ito the
best Of his knowledge and belieD by any
other person or persons by his procurement
in his behalf"
Penalty Is Heavy Fine.
The section Immediately following reads:
"Any person failing to comply with the
third section or the fourth section of this
act shall be liable to a fine not exceed
ing 1000, to be recovered with costs,
brought in the name of the state by tho
attorney general or by the county attor-
ney Of the county of the candidates resi-
dence, the amount Of said fine to be hxed
within such limit by the jury, and to be
paid into the school fund Of said county"
Notwithstanding these provisions of the
statutes, there is not in the filing box any
statement from the late David Henry Mer-
Ger nor from any Of the eminent COUNSEL
ors who spoke and acted for him during
his campaign for another term in con-
grees. And since these learned Jurlsts
must certainly have known Of this law,
there is at the court house the inference
that David Henry must have been, as some
insinuated at the time, really a resident
of some other section than Douglas county
during the late campaign and prior thereto.
The law question that arises is as to
whether David Henry will have to file at
all. since Washington is in a district, not
q county, and Minneapolis is in a state
whose laws may not be so exacting as
Nebraska's.
Neither has there been any filing here
By the republican congressional commit
tee. but that may be because the treasurer
Is an evanescent being whose location
seems as hard to learn as that Of the con-
gresham himself. Mr.. Blackburn would
be appealed to, but is out of town. Mr..
0urley wouldn't tell; Mr.. Goss couldn't.
HitchcOck's Expense Account.
MERGERS opponent has filed and so has
the treasurer of the democratic committee.
Gilbert M. Hitchcock reports that he gave
Treasurer Burnley for the congressional
committee 5000, that he paid 5000 more for
''sundry' needs recommended by Burnley
and $58 in hack hire and for ward vigilantes,
making a total OF SASS.
Burkley's report shows contributions Of
500 from John A. Creighton, 800 from
w. s. Poppleton and 5000 from Hitchcock, or
q total Of $500. as against a total expend-
iture of 1896. 80 for printing, stenographers'
hire and secretary's needs,
Secretary Cosgrove reports that his larg-
est expenditure was SAP for postage and
the next largest SIS for Hebrew circulars,
paid Philip Stein. The other disbursements
listed were in sums Of 81 to IS for furnish
ing lists of voters"
Bernard McCaffery, socialist nominee, re-
ports that his expenses amounted to mot
one red cent"
A. w, ~Jefferls, republican candidate for
county attorney, reports that he gave the
central committee $50 and spent enough
more for printing cards and advertising to
make his total $i4S.5O. J. p, English, flu
sion nominee, reports his total as $167.25.
Among Legislative Candidates.
Among the Legislative candidates ]. A. c..
Kennedy, the only fusionist who won. re-
ports $124.50. and John Wallace, the repub-
lican who lost. $50, of which $50 went to
the county committee. other legislative
nominees report as follows: +, w. Koetter.