Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-13
WCILTON STILL IN RACE
Lieutenant Governor Will Not Withdraw
Candidacy just Now, anyway.
THINKS HE CAN RUN UNDER CONSTITUTION
says other states Have Construed
such Organic Law as Not Bar
ring Incumbent from Seek
ing Another once.

Il don't feel that / ought or that II
would be reasonable TO expect me to with
draw as a candidate for governor now,
Just because OF this excitement that has
been raised over that section in the con-
sututon relating to the eligibility OF an
executive state officer which, it seems, has
actuated Mr. Mortenson in planning to
withdraw" said Lieutenant Governor Nc
clifton Monday
The mooted provision reads:
None of the officers OF the executive de-
partment shall be eligible 20 any other
they shall have been elected
or, bringing It within the pale of decent
grammar:
No executive officer shall be eligible to
any other state Office during the period for
which he shall have been elected.
II is understood from one Of the former
attorney generals Of Nebraska-who is
looking up the records and will be pre-
pared TO confirm the statement in a day or
two-that this very provision was copied
not the grammatical construction-from the
constitution of the state Of Wisconsin. and
that before II was written into the organic
law Of Nebraska the supreme court Of
Wisconsin, whose decisions have high rank,
construed its meaning to be that no execu-
tive officer shall hold two Offices at the
same time. The Wisconsin court, it is
said. took the position that the provision
did not in any sense mean what some peo-
pie in Nebraska are now pretending it
means
Thinks IL il Absurd.
Similar provisions in the state constitu-
tons of Illinois, Wisconsin, Indiana, Kan
sas and Kentucky have been construed by
the supreme courts in those states, and not
in single instance has it been limited that
they forbade an executive officer running
for another office during his incumbency,"
said Mr. McGlton. IT'S the first time the
question was ever raised in this any
other state to my knowledge, and 1 think
1t is absurd. ] believe If the supreme court
were to pass upon It the decision would be
what the decisions OF other supreme courts
have been. l wish an immediate ruling on
the question could be obtained So far as
precedent in this state is concerned, take
the example of Tom Majors. He ran for
governor while serving as lieutenant gov
ernor and no one ever heard of this ques-
ton being raised
while / can't approve OF the wisdom Of
Mr.. Mortensens announced intention Of
Withdrawing. 1 can see far enough into the
future to make this concession: Unless the
supreme court would rule on The question
before the state convention 1t would be al
mus Aoi'S ANi " man "a AiiS PO9''iN' " e'ie''
of Mr.. Mortensen to run for the nomina-
ton. and then it would not be fair to our
party The natural tendency would be, IL
either of us were nominated, for some vot-
ers to jump to the conclusion that 1t would
be a bad thing to vote for their candidate,
who. II elected. might not have a clear
title to the office, in the event of an ad-
verse ruling by the court, which might
mean the ultimate seating of the demo-
cratic candidate. But 1 am hoping the SUI
IRENE court will act on this question, since
II has become one of such paramount in
terest, long enough before the state con-
vention to give us chance to act.
II had not formally announced my can
didacy, but all my friends knew 1 was run
ming. and ! did. before this matter came
up, send out some letters over the state
in the interest of my candidacy"