Omaha daily bee., 1905-11-12
MAIN FEATURES OF The LAW ARE VALID
Sections Knocked ont Declared by
the Court TO De In No Manner
Essential to It's Opera
tion.
tFrom a STAR Correspondentl
ton

(From a STAFF Correspondent
LINCOLN. Neb Nov. II. Especially -
The supreme court today held the Dodge
primary election law valid and capable OF
enforcement though II declared unconstitu-
tional three of it's sections The writ OF
mandamus asked for by Clerk Adair NOM
inee of the socialist ticket to have the
socialist nominees placed on the ticket,
though nominated by a convention was re-
fused. The sections declared unconstitu-
tional are these; The one making the pri-
mary day the first day of registration;
that one requiring l per cent of the salary
of tho Office to be paid n filing fee by
the candidate and the one regulating the
form of the ballot
The fact that these sections do not
render the law as a whole incapable OF
enforcement does not in the opinion OF the
court invaidate the entire law and Il is
consequently held to be valid and constitu-
tional
The opinion was written by Chief Justice
Holcomb and he holds that the primary
law does not affect the general law or any
other election law which does not conflict
with its provisions. and except in tho
| sections pointed out it does not interfere
with existing election laws. In his syllabus
Judge Holcomb said:
| ]. A repeating clause in an act of the
legislature to the eneCt that certain speci-
fed sections of an existing statute are re-
pealed so far as the same conflicts with
the last act passed and repeating all acts
and parts of acts in conflict herewith" only
repeals such parts of existing statutes as
are so repugnant to the last act passed as
that both cannot stand. Prior statutes are
repealed protanta and to the extent only
that they conflict with the act last passed.
: The title of the act, chapter g. page
325 sessions laws 1906, providing for the
selection select Of certain candidates for public
election, and regulating such primary does
not embrace nor comprehend legislation
concerning the registration of voters for
general elections and which is in substance
and effect amendatory of existing regis
tration laws.
g. The title to the act is not broad enough
to permit legislation concerning the form
and makeup of the official ballots provided
, | for, by law to be used at general election.
! 4. The provisions found in said primary
, act, limiting the right of parties to par
the names of said candidates for nofnina-
D tton to appear on the primary ballots, to
, total vote cast at the last election is q
reasonable classification OF parties and does
not conflict with the constitution guaran-
! teeing freedom in the exercise OF the cleo
s. The provisions of the act under con-
sideration making the right of an elector to
| participate In primary election to depend
upon his party affiliation is legitimate
exercise of legislative power in no way CON
. fiictng with the fundamental law guaran-
teeing freedom In the exercise of the cleo
6. 1t is not competent for the legislature
to provide In a primary election law that
before person eligible to office can be
voted for at primary and have. his name
appear on a primary ballot he shall pay a
fee. for filing nomination papers, computed
}. by law for the office TO which such candi-
date aspires during the term for which he
would serve If elected.
6a Such provisions are an unwarranted
hindrance and impediment TO the exercise
of the elective franchise and conflict with
section l. article t. of the constitution.
SO. Where statute contains PROVISIONS
which are unconstitutional II the valid
and invalid are so not connected as to be
incapable of separation, and the valid por-
ton is a complete act and not dependant
Il upon the part that Is void, and the latter
alone will be disregarded and the rest sus-
- tanned If It is manifest that the void part
pass the part which is valid. State ex rel
insurance Co. VS.. Moore =. -. u
sideration found to be invalid are held not
i to affect the remainder OF the act
Lincoln Charter Valid.
z The Lincoln charter has been held to be
constitutional and the councilmen elected
y last spring will be seated. The suprems
court in deciding says:
D. We find nothing in the act the validity
of which is challenged requiring us to con-
denim it in its entirety or to declare the
n | law as a whole void nor that would excuse
the respondents from dscharging the duty
imposed upon them by law TO canvass the
the writ of mandamus is accordingly issued
n as prayed.
no ReheariBg for Mrs. Lille.
a Mrs Lena Margaret Lille will not be
allowed a rehearing in the supreme court
The court on adjournment today handed
down an order denying the application
recently made by Judge Hamer counsel for
az the prisoner. for leave to file an argument
40 on a motion for a rehearing. This in effect
as permanently disposes OF the case and Mrs
IN Lille, unless pardoned by the governor
must serve a life sentence in the peniteni-
airy for the murder of her husband, Harvey
NJ Lille. at David City in 1902.
Boulevard Case Affirmed.
"The mere fact. that real estate is three
quarters of a mile from a boulevard will
- not enable the court to say. a matter
So OF law, that it is not especially benefited
thereby" says the supreme court in afirm
~ ing the decision of the district court OF
~ Douglas county in the case of A. l. Har
N and others against the city OF Omaha
lP Hart resisted the special tax assessment
= levied by the city for boulevard, which
IL It was contended was too far removed
from the property Of the plaintiff TO beneh
. said property. He contended that the prop
- erty directly benefited only could be as
n: sessed.
X, Company Not Liable.
M The Lincoln Traction company was no
or TO blame because one OF it's passenger
Nv was injured July 4. 1903 by falling from
street car because startled by the explosion
~, OF a torpedo placed on the track by SOM
person unknown 10 the company and with
or out the consent or knowledge of the com
49, pany or it's servants. The supreme cOur
so hc'ds in an opinion upholding the de
IL cision Of the Lancaster county distric
~. Acouft In a damage suit Instituted by Mrs
Hannah Bevard.
I'm Need Not Pay Sugar Bounty.
p" The state Of Nebraska will not have 4
,m pay 70 the Oxnard Beet Sugar compan,
and the Norfolk Beet Sugar company III
~ money claimed by the companies unde
nd the sugar bounty act passed by the legis
lature OF 1885. The supreme court ha