Omaha daily bee., 1908-08-04
KEEPS TO The SUNBEAM CASE
Secretary Of State Junkin Files De-
ciSion on Rosewatcr Protest.
DEMOCRATS ON BOTH BALLOTS
when Endorsed by PoDuIist state Con
ventiOn, He Holds, Their In
j. citation is Perfectly
Legal.
Legal.
fFrom a stsff correspondent.l

(From a Staff Correspondent.l
LINCOLN, Aug. S-CSpecial.)-Secretary
of State Junkin has decided that demo-
cratic electors endorsed by a populist state
convention may go on both the democratic
ballot and the peoples Independent ballot,
His decision. handed down late this after
noon, lie in the case wherein Victor Rose
water filed a protest against the use OF the
name Of the peoples independent party
by the democratic party electoral csndi-
dates. He charged this was merely an at
tempt on the part OF Allen, democratic
state chairman, to count for Mr.. Bryan
votes which did not rightfully belong to
him, because cast for the nominee of the
peoples independent party. The protest
on syphus Neble viii be heard Saturday.
In his decision Mr.. Junkin holds to the
supreme court decision in the Sunbeam
case. In this case Sunbeam was a demo-
cratic and popunst candidate for regent
Of the university. Mr.. Junkin held he could
not, under the primary law. so on both
ballots. but he was overruled by the courts
Text of the Decision.
Mr.. Junkin's decision is as follows;
In rendering a decision in this case.
wherein Victor Rosewater enters protest
against the placing OF the names of A. D.
Cameron, Douglas and others on
nv AAAA 0tAAe ~ - =
dental electors, In which they represent
both the democrat and peoples Independent
parties, we do not feel It is incumbent
upon us In our official capacity to enter
into any lengthy discussion In rendering
our decision as to why and on what reason
we base our decision.
From the evidence produced 1t seems thai
the democrat n peoples Independent
parties did, on the 9Th day Of March, 1908
hold a state convention in the city OF
Omaha, Douglas county, Neb., ct which
tma-tha nAmea of A ID CamarOn- Doug
las Shawvan and others were recommended
by both the above named parties to be
electors for their respective parties. ~
by any member Of either party. IL would
seem from this action that the said nomi'
nations were entirely satisfactory to tbs
electors Of both parties in this state, and
believing that the members OF a political
party should be the sole judges az to what
they stand for and when they sent dele
gates to the said convention to represent
them that the party is more OF less In
duty bound to respect the will of these
delegates and that those delegates theirs
whose names appear above. and others. al
their choice for electors, II would seen
that 1t is incumbent upon this department
to recognize, at least to a certain degree
the wishes there expressed.
Primary Law Provisions.
Under the provisions of the primary Law
section IS, II states that a man can be tn
nominee OF more h one political party
ana unuer THIS section tne supreme COur
decided in the case of the application o
John l. Sundean, wherein the said Sun
dean did make a personal filing as a PEG
pies independent, and also filed a petltloe
signed by twenty-five democrats askin
that his name be placed upon the primar
ballot OF the democratic party also, on tn
advice Of the attorney general that tn
question OF the right to. fuse was doubtfr
and it should be settled by the court, thi
department held 1t could not be done. Thi
case was carried into the supreme coul
and they rendered a decision adverse t
Nhe rulings of this department and In
structed us to place the name of the sal
Sunbeam upon both -the democratic and pes
pies independent ballots, he being a car
didate for regent of the university, a stat
office,
n. IS a recognized fact that presidents
electors OF all political parties are stat
SfsiesTss voted ssnor !1Ress i Wholly mo ss Within =. =
state only. and therefore 1t seems to u
that In the present case we have one tina
is parallel To- the one above mentioned, an
as the personal filings and petition and az
ceptance Of the said A. ID. Cameron, Doug
las and others are In accordane
with the provisions of the primary la
this department will place their names upo
the primary ballot of both the peoples IN
dependent and democratic parties.
Republican Chatrmen Meet.
Conference No, 1 of the series TO be heI
by Chairman William Hayward Of the r.
publican state central committee was hel
at the Lindeil, hotel Monday Afternoon
During the forenoon the chairmen Gale
at headquarters and held Individual cor
ference with reference to matters pertain
ing to their county organization, At 1913
in company, with the chairman and seer
tary of the state committee, Senator BuI
kett, Governor Sheldon. Secretary Of Stai
Junkin and Treasurer Brian, the visftin
chairmen were entertained at luncheon
- - -
the conference convened at the conventio
hall in the Ldndell, where there was
general exchange of views upon the p,
litical situation, and campaign method
were freely discussed. Plans of the can
paisn were outlined by the chairman ar
secretary. The reports made by the visi
ing chairmen were uniformly of a cheerf
nature, and all were confident that N
braska will be carried for Taft and II
republican state ticket by substantial mi
~jorities.
Those In attendance were S. w. Bur
ham, Lancaster county; p. f. Dodson. WI
Der; Anton Dredla, Crete; William Dun
Palmyra; A. B. Taylor, York; John Wits
Falls city; s. w. Bustice. Auburn; L.
McKflip, Seward; F. H. Hitch. Genev
NJ. NJ. Akin. Fairmont; A. H. Kidd, Bea
rice; Orlando Tefft, Avoca; s.. w. Thurbt
Tecumseh; S. r. Merrill. F~airbury; Thorn
Majors, Peru
Board OF EqualiAEaHtAiOn Acts.
The State Board OF Equalization, We
likely, will make the general fund levy II
year AZ mills. Last year the levy was
mills. The assessment this year will be
: the neighborhood OF $S0o.OoO.OO0 again
1898, 5000 last year. Until the board figur
exactly what the assessment will be, 1t "
/, not definitely settle the question of lev
i but at this time ~ mills seem to be t
: figure. The 1 mill county levy and the
9 mill redemption levy Is fixed by Law.
The valuation OF the state yet to
|. equaiized is as follows:
Railroad assessment ..............1 So, 800,
Pullman company ."..."..".. ~.