Omaha daily bee., 1906-06-14
AFFIDAvlTS IN THE CASE
Sworn Statements Exposing UlteriOr Pur-
pose and Absurdity of Nandsmus.
BRtEws DUAL COURSE is SHOWN VI
EIbOurn DiscIOses How when city At
tOrney He Advised Against scheme
of Arranging Names He Now
FRvOrH for Fee.

FaNtEA
Many OF those who do vote will have their
ballots thrown out because they have voted
for one or more delegates more than they
are entitled to vote for.
The rotation ballot will cost the county
at least S7OO more to prepare than the usual
form of ballot.
These are some OF the reasons presented
in the affldavits why County Clerk Hav-
erly should not be directed by mandamuses
OF the judges in making up the primary bal
lots according to the rotation plan. They
are presented to show that the rotation
system is not only not required by law, but
would result in the confusion of the voter
and be a practical Acknowledgement of
large body Of intelligent voters
Another interesting feature of the case
s brought out in the sworn statement of
William IT. Elbourn. former city clerk.
who testihes that when he prepared the bal
lots for the primary election held april ,
he was officislly advised by John r BSeen,
then city attorney. that under the decision
Of the supreme court that section OF the
primary election law relating to the rotation
of names upon the official ballot was de-
clared null and void and that he should
disregard the same and that the official
ballots were printed and used without the
rotation feature and that John p, Breen
and Charles ]. Andersen, the ostensible
plaintiff in the suit were both candidates,
yet they did not demand the rotation sys
TEN at that primary
Afldavits filed in the primary ballot man
damus case which will be heard by the
equity judges today show that these are
some OF the things the voter will be up
INntg
sought by the disgruntled Fontanelle few
through John p. Breen and W. II. Herd
man TO prevent the selection of Rose
water delegation to the state convention is
followed in making up the ballot:
The voter must wade clear through bal
lot ten feet long.
He must make 2O1 marks on HIS ballot
one too many marks will cause the vote for
the entire delegation to be thrown out
1t will require from twenty minutes to an
hour for the average voter to mark his
ballot.
! Most voters will he unable to vote on ac
count Of a lack of time.
Text of EIbOurn's Amdavit.
This is Elbourns aff1davit:
| AfHant, William H. Elbourn, being first
| duly sworn, deposes and says:
1. That he was for three years continu-
ously preceding May q, 1895, the duly
! elected clerk for the city or Omaha; tnat
! in his official capacity city clerk he
/ prepared the ballot for the primary cleo
| ton for the nomination of candidates for
city offices held on April g. 1906; that in
! tho preparation of said ballot he was Off
| cially advised by John +. Breen as city
| attorney; that under the decision of the
supreme court that section of the prl-
mary election law relating to the rotation
4 OF names upon the official primary, ballot
was declared null and void and that he
should disregard the same, and the Off
cial primary ballots for said primary cleo
tion were printed and voted without rota-
tion OF the names thereon.
,. That at said primary election one
Charles j. Anderson was one of the can
didates for the republican nomination for
city councilman from the Eighth ward and
said John +. BTeen one of the can
didates for the republican nomination for
the official ballot for these offices, re-
spectively. and that neither OF them asked
upon said ballot should be rotated,
And further afiant sayeth not.
Real Motive of Plot.
The real motive Of the request for a
mandamus Is set forth in affidavits by
Victor Rosewater and H. II. Baldrige i'm
pugning the good faith of the proceedings,
who testify to the various proposals
made by the Fontanelles to let ballot dis
putes go IL conceded the naming of half
the delegates One of these propositions
was to have delegation of eighty-three
selected half by each side placed on the
ballot and that they be pledged to pre-
vent the nomination OF United States
senator by the state convention and that
they work to secure the nomination of a
Douglas county republican for governor.
The second proposal was TO select dele
CATION pledged to support the candidate
for United States senator who should de-
velop the greatest strength I'm the con-
vention among the delegates outside of
Douglas county. In his affidavit Mr..
Baldrlge tells of the receipt of a letter
from Blackburn submitting a resolution
adopted by the club demanding single
delegation to be for the candidate who
secured the largest number Of votes at the
primary.
1t was not until after these propositions
were turned down that the former city at
torney saw the error OF his original ruI-
ing while public official and consented to
prove the fallacy of it for a fee.
That the rotation system is an innova-
tion in Douglas county primaries to select
convention delegates is set forth in this
ahidavit, signed by Victor Rosewater
showing the group ballot TO have been the
established practice and precedent OF all
party organizations.
Statements of Experts.
Charles L. Thomas and Robert g. Dun
can, both experienced members of election
boards, having served for a number OF
years, swear TO affidavits that It will re-
quire an unreasonable time for the average
voter to prepare his ballot If the rotation
system is used. The former estimates the
time required at from twenty to forty
minutes, while the latter makes his esti.
mate thirty minutes to an hour
(; Deputy County Clerk Frank Dewey made
up sample OF a ballot containing 20
. names, the number of candidates for dele.
i, gates to the republican state convention
: The ballot is over six feet long. At Ieas
four feet more must be added for the con
. gressional delegates. making the entire
ballot over ten feet in length. This ballo
I, would have to be printed in sections, a,
/ no printing press in Omaha, it is said, /,
large enough 10 print I'm entire.
County Clerk Haverly's answer I'm tn,
mandamus was also fled. It set
forth the confusion which would result
| from the rotation system and declares tina
large numbers of voters would be disfran
chised il IL were carried out. He says 1
: was his intent to place the names of tn,
eighty-three delegates who have requeste,
IL in q group by themselves so that the,