Omaha daily bee., 1905-08-12
MAGNETS PLAN OF CAMPAIGN
Attorney for Socialists win Attack Con-
stitutionahty Of Dodge Law.
SAYS IT ABRIUGEs RIGHTS OF VOTERS
second Ground of UneOnstitutionaitty
f. that Act Changes Method
of Registration without
Mention of Title.

George A. Magney, attorney for the
socialists for Douglas county has framed
up his proposed legal campaign against the
provisions Of the Dodge primary election
law which would shut the candidates of
the socialists OF the primary ballot unless
they comply with the regulations for max.
ing nominations.
AS soon as the state supreme court meets
for its next sitting, on Monday, September
4, Mr.. Magney will apply for a writ citing
County Clerk Drexel to show cause why
he should not accept the certificate Of nom
ination handed TO him by the chairman of
the socialist central committee. and which
he has refused to receive because the candi-
dates named thereon were not nominated
according to the new primary election law.
In support of his request for the writ to
the clerk Mr.. Magney will raise two points.
and possibly three. The two points on
which his mind Is settled are: First, that
the Dodge primary law is in contraven-
ton of section % of Article / OF the state
constitution; and second. that the act is
defective in that it's title does not comply
with the other provision of the constitu-
ton which says that every act of the leg
islature must have its object clearly set
forth in the title and that no act shall
cover any other subject than that expressed
in its title.
Point on Freedom OF Elections.
Section % reads: CFreedom of ElectionsD
All elections shall be free, and there shall
be no hlndrance or impeachment to the
right of a qualified voter to exercise the
elective franchise.
Mr.. Magney takes the position that the
Dodge law clearly does interfere with this
right. On the title proposition he asserts
that thu nndVa la rnares radical cbapgaa
in the methods of registration without
any reference to same in the title; that It
creates an additional day for registration,
making four instead of three, and that
It provides for a different method of fix-
ing the pay of election officers for the
extra day.
IF they get away from the first PROPOSE
ton, of interfering with\ the freedom of
elections, l do not see how they can pos
sibly avoid the other, and II our view
is sustained, the Dodge primary election
law is unconstitutional beyond doubt"
The third point which Mr.. Magney has
in mind is that under the provisions OF the
Dodge law no new party could ever be
formed and get on the ticket
This law provides" said the attorney,
that in order to get on the primary ballot
candidates must belong to a party which
cast per cent of the total vote at the last
previous election. Now, there must be a
| first time for everything, and party must
be allowed a chance to vote before it can
| be credited with percentage of the vote
cast 80
THE matter of declaration of party afili-
alton and intention to vote for at least a
majority of the candidates of the party is
also, to my mind. very questionable as a
good proposition in law. In fact. the whole
thing is so cumbersome and involved, so
tied up with red tape and circumlocution,
that 1 seriously question it's utility or it's
| constitutionality. 20 .Di