Omaha daily bee., 1906-06-17
GET THE WRIT
Ants Given kandamus Compelling ROta-
ton Of Delegates Names.
COURT ADMITS LAW IS sUROEssOME
Judges KENNEDY, Day and Troup
Hand Down Decision IN case
BrOuEht ny AnythinE-tO-
Beat-Rosewater Gang.

On demand OF the "FontaneileV braves a
peremptory writ OF mandamus TO compel
county Clerk Haverly to place the names
or candidates on the primary ballot ac-
cording 70 the rotation scheme was issued
Saturday noon by Judges Kennedy. Day
snd Troup of the district court who heard
&e case. The announcement of the deci-
sion OF the judges was made before a
crowd or Interested auditors in Judge Ken
nedy's court room.
Inc memorandum opinion of the judges
declares that while the requirements 81
the primary law In respect to rotation OF
names are undoubtedly burdensone II was
not shown that they would so seriously
hinder and impede the average voter as to
entirely abrogate his constitutional rightu.
IL 10 suggested that after y practical trial
OF these provisions OF the law amend
ments may be suggested which will rem
coy the undoubted hardships and incon-
veniences imposed by the statute. The
judges hold that 1t is from the Legislature
ana not from the courts that relief must
be sought ...
The result of the decision will be that
the names Of candidates for convention
delegates will 20 on the ballot in alphs-
betical order without regard to their pre-
ferences and the voter will be up against
the task OF picking the SO delegates he
wants to vote for from a list of 226 candi.
dates
owing to the short time intervening be
fore the primary a decision of the supreme
court cannot be secured in time TO affect
the election, July g. 1t was for this rca-
son. it is said, that Judge Kennedy asked
Judges Day and Troup TO sit in the case
with him.
Text of the Decision.
This is the opinion In fun:
On Application fer writ of mandamus TO
compel the respondent, the county c.erk Of
Douglas county, a county Of more than
l-S,VW inhabitants TO comply with the pro-
E, ,ei1 OF ,Sohapter XVI OF The Laws of Ne
biaska OF 1866, and particularly with section
OF said chapter. in the preparation ar
ishGement and printing of ballots to be
US at the primary election OF the repub-
ncdn party to be held on July g. 1906 The
answer of tho respondent raises two ques-
SIns OF law: First, whether section of
Sdld chaptcr XVI was intended by the leg1s-
lature TO be applicable to the election of
ocle8atcs to state, congressional and Judi
CINl conventions; and, second, whether, II
lhtenoed to he nppllcab bic, It does not impose
requirements which IN such a case as that
NJ har would result In so seriously nder-
ms and Impeding tho right Of the voter to
exercise the elective franchise as to he OBJ
noNious to the constitution OF this state.
After a careful cousidera ton Of the mat
Ter we are all of opinion that IL was the in
tention Of the legislature that the require
mcntS OF sections and 9 apply to the cleo
uon Gt delegates to state, congressional and
II then becomes necessary to inquire
whether the legislature might constitution
any make this requirement. With the wis
dom or unwisdom, the eXpediency or mex
pedicncy of such legislation, we have moth
jng TO do. Arguments with respect to The
tonyenience. expense, hardship, policy or
propriety of the law may properly be ad-
dressed to the legislature, hut the only
question for the court to consider is
whether the law-making body possessed the
power TO enact the law In question as an
pied to the case made by the record before
1t is elementary that every presumption
and intendment should be made in favor of
the validity OF legislation. and the enact
ment should be upheld unless II clearly APP
pears 10 conflict with the fundamental law
OF the state
We all agree that on the record before us
iaw that eomriisnce With tho SEVERAL ST al rel q.
oUirorrenSs OF this statute hurdensome
thcu~l1 they undoubtedly are, would so seri-
MS to violate his constitutional lights. and
vn therefore hold that the county clerk Is
urdcr legal obligations TO comply with the
After trial of the practical operations Of
tbs lay TO doubt many improvements will
suggest themselves to the voters. and
tSc lcgislature. in the light of this expsri
ence, which may remedy the hardships and
Inconvenience Of tho statute as II stands
h}t II Is from the legislature, rather than
from tho courts that relief must be sought
peremptcrv writ VIII issue as prayed
Executions VIII he allowed respondent.
Such Conditions Might Arise,
During the reading OF the portion OF the
next TO the last paragraph referring to
the opinion OF the judges that a COM
pliance of the law would not so hinder and
Impede the average voter as to violate
hts constitutional rights. Judge Kennedy
interjected a remark 10 the effect the