The independent. [volume] (Lincoln, Neb.) 1902-1907, 1903-11-05

The writ OF mandamus was allowed
(See 81 Neb. SD, but was never act
ually issued and served. The clerk
prepared the ballots in proper form
that year and again In 19O2-and
thereby hangs tale.
Few republicans In Nebraska had
any hope of carrying the state in 1900,
or, at any rate, not until very late In
the campaign. When the republican
convention was held, all the shrewd
pie-eaters hung back, seeing a chance
to reward by a-as 1t then seemed
forlorn hope nomination a number OF
third and fourth rate political heelers
who were clamoring for recognition.
They got it; and thanks to Mark Han
mas big check and the voters 1t helped
to get back from the ends OF the earth,
they were elected.
Among the political accidents of
that year was one George w. Marsh,
who was elected secretary, of state.
AS such officer it is his duty to certify
to county clerks the state and congress
sional nominations filed with him. No
particular form Is prescribed by stat
ute, and the rule has been to arrange
the information in the form of bal
lot. This saves the county clerk some
trouble, because all he needs to do is
to add below the legislative, judicial,
county and precinct nominations in
similar order-and his copy" is ready
for the printer. When the ballot suit
came up over the correct form of
printing party names and circles, Sec
rotary Marsh was represented at the
trial by the deputy attorney general.
He was not party to the suit, but by
courtesy was allowed to practically in
teryene and become one Of the respon-
dents. This the REALTORS permitted
without objection because the secre-
tary of state claimed his object was to
learn the law and follow 1t in his cer-
tiications to the county clerks.
\ It will be remembered that in state
matters the populists and democrats
have nominated the same candidates
since and including the year 1896,
holding, however, separate cOnven-
tons and making separate certificates
of nomination to the secretary of state.
Both the Peoples Independent" par
ty and the Democratic" party have
maintained separate organizations. In
some of the counties they do not NOM
mate the same candidates for county
officers; and in very many of the pre-
cincts only one of the parties puts up
precinct ticket. Accordingly, ballot
prepared in accordance with Schedule
AZ meant more or less loss for the fu-
slonists, because a cross marked in
the hybrid circle would not count as
vote for any candidate who had not
been nominated by both parties Or.
II IL be held that the party circle Is
single. then the party would be the
Democratic Peoples Independent"
and no candidate of either the plain
Peoples Independent" or the plain
Democratic" could lawfully claim for
himself straight vote cast for the
Democratic Peoples Independent
party.
So Secretary Marsh was interested
In helping the county clerk Ga repnb-
licanl resist the mandamna suit,
which. however. went against them.
The opinion was written by the then
chief Justice, Hon. r /. Norval. n re-
publican. Most popnlata and demo-
Gratis then felt that the matter had
been settled and thought no more
about Il. hut Tho Independents cx-
porlence with republican state otileora
eauaes Il 10 watch them all The time.
with few notable exceptions. none
Of them viii hesitate ia violate the
law. or procure others 10 do 40. II a
partisan advantage can be gained
In the fall ~ 1909 The independent
discovered that Secretary Marsh had
sent out hla certificate 10 the county
clerks again In the form 81 a ballot
aud with the illegal schedule A"
form at The top Now. the county