Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-08-09
NEDLE PROTEST IS HEARD
Counsel for Democrats Take Many
Positions in Argument.
CANDIDATE TO SHOW ELIGIBILITY
MIR. ROsewater Takes This stand I'm
Argument Before Secretary of
state Junkin-DecisiOn
Not Given.


LINCOLN, Aug. S.-(Special lin opposl-
ton to the protest filed by Victor Rose
water against Sophus F. Neble being filed
as a peoples Independent party candi-
date for elector in the Second district, Tom
Aliens array of legal talent today before
Secretary of State Junkin dropped one de-
fense and picked Up others with The rapid
ity of lightning change artists. The section
of the primary law upon which Mr.. Rose
water based his protest was as follows:
Section A. No person shall be entitled
to or allowed to file a nomination certifl-
cate as provided for in this act, or to nave
his name placed upon a primary election
ballot for any primary election to be held
unless the political party Which ne states
in said affidavit he affliates with, poiied
ton TO be held, at least / per cent of the
entire vote in the state country or sub
division or district for which he seeks the
nomination for office In
Mr.. Rosewater showed that In the 1907
election the peoples independent party
cast 116 votes out of some 22,0O0, which is
less than / per cent Of the total vote. In
the second protest he went further than
the law requires and showed by affidavts
and certificates from the clerks in the
counties of the district that no popuist
had filed for any county, congressional or
state office. He showed hat the people 8
Independent party in this district has gone
out Of business; that only eight had regis
tered in Douglas county.
In answer to these facts produced by Mr..
Rosewater Judge Tibbetts and Arthur
Mullen of Tom Aliens array of lawyers
first offered this:
''The basis upon which the vote is to be
computed must be the vote cast for su-
preme Judge"
The supreme judges were all fused at the
last election so 1t could not be determined
how many populist votes were cast
Getting little encouragement out OF that
claim they chose this tact:
"The vote must be computed on the total
vote cast in the state
Mr.. Tibbetts practically argued himself
out of that proposition and thea he ad-
| vanced this:
IF 5000 votes in Douglas county were
asst for Mr.. Sundean the candidate of
10Th the democratic and populist parties,
hen each party must be presumed as hav-
ng cast 6OOO votes"
Mr.. ROsewater's Propositions.
When the hearing first opened Mr.. Rose
water laid down the proposition that II is
the duty OF the candidate who files to show
lndl ne Is qudlIleu 10 De ln6 CdnQlQate oil
his party. and 1t is the duty OF the secretary
OF state to investigate the petitions filed
| without any one protesting.
The array OF legal talent fought at length
to force the secretary TO compel Mr.. Rose
water to prove Nebles was not eligible to
go on the ticket. Mr., Junkin refused to dc
this. Then the array of legal talent moved
to dismiss the protest, and Mr.. RosewateI
moved TO exclude the petition. Both were
overruled and the array OF legal taller
began to put In its evidence.
First the lawyers introduced a printed
copy Of the abstract Of the vote cast las
fall This sheet in it's certification made by
the secretary OF state does not show that
the two parties were fused. but IL does say
this; I'D means democrat; p I. people,
independent"
Mr., Rosewater promptly objected to thii
and called the action Of the lawyers
} piece OF trickery. played for the purpos,
OF deceiving. Mr.. Junkin sustained the Oh
jections and then the lawyers introduced
1