Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-16
MANDAMUS DECISION TODAY
Case on Rotation of Names is to Be Decided
at Noon.
-'.".. ...... .t ... o. 3.-..--..
BREEN TRIES TO SQUARE HIS DUALITY
Makes Amusing Effort at RecOncilinE
His Former Attitude for what
He Now Opposes for
y Fee.
BREEN TRIES TO SQUARE HIS DUALITY

Judges Kennedy, Troup and Day, who
listened to arguments in the mandamus
case to compel the county clerk to put the
names of candidates for delegate TO tile
state convention on the ballot according
to the rotation scheme will render their
decision in the case at noon today. The
case was submitted after all-day session
OF court, at which eight or ten lawyers
addressed the court.
Tho hea ring was taken up Friday morning,
with a crowd of auditors present TO listen
TO the oratory. The forenoon session was
taken up with the arguments Of John p.
Breen and w. ]. Connel and at the con-
clusion OF Mr.. Connells address an adj
journment was taken until after dinner.
II. C. Bronze, Edgar Scott, T. w. Black
burn, r. B. Howell and John r. Gathers
of the belligerent Fontanelles were
present TO assist John p. Breen
and w. H. Herdman, who nominally
had charge of the suit. On the other
side of the table were Deputy County At
torneys Foster and Shotwell and Attorneys
w. ]. Connell. II. II. Baldrige and John
c. Wharton. After a little preliminary
skirmishing in which Mr.. Breen objected
to the introduction of any proof on the
part of the county clerk. IL was agreed to
( argue the case on the pleadings by both
parties.
Mr. Breen opened the attack by quoting
from several works to show that delegates
| to conventions were really Of more inn
portance than the candidates they nomi-
mated. He also discussed the growth of
the direct primary system. He cohtended
delegates TO the state convention were
officials within the meaning of the primary
law and consequently their names should
be rotated under section OF the law.
Law Does Not stand Alone.
W. j. Connell who followed, commended
that the last primary law did not stand
alone but should be construed In the ligh
OF the former law which was still II
force where the two were not inconsistent
| The county clerk, he said, should exercise
common sense in arranging the ballot
Delegates to state convention, he held
were mere mediums for the selection oi
! candidates and the rotation plan was not
intended to apply TO them. The mali
thing was the selection Of candidates 70
once and the purpose of the law was L
facilitate this and not to so confuse tn
homes on the ballot that the voter woul'
be unable to express his desires
Surprising" he continued. I'VE still ha.
| six aspirants to the United states senator
ship seeking endorsement by the stat,
| convention. II al u Aheih Huohla
file a delegation of eighty-three name
there would be over $50 names TO go o.
the ballot in rotation and the voter would
be unable 10 express his preference fol
| either Of them He would have TO picl
out eighty-three names from the $50 Th'
result would be that most voters wOulS
vote for less than eighty-three in orde
10 be sure they did not vote for one tol
many and cause their ballots to be throw
out.
But these six candidates have droppe,
out Of the race one by one until now tn
opponents OF Edward Rosewater nnaIl,
picked out Mr.. Crounse to lead the opposi
ton. But they decided an Out-and-ou
night was not a good thing. so they deter
mined on this plan OF confusing the VOTE
70 prevent him from expressing his choic'
II the six delegations were grouped ever
voter would have chance TO express HI
preference"
! he quoted the provision Of the law thu