Omaha daily bee., 1908-08-11
Law on that Point, Says Thompson, is
Clear and Explicit.
OPINION HANDED TO JUNKN
Secretary of State Expected to Rule
on Question Today.
METHOD OF COMPUTING voT
Law Not clear ON This Point aud
Secretary Must Bc Guided by
the Evidence when Il IL
submitted.
nrrom a s.nrf cnrrespond.nll

LINCOLN, Aug. l0-tSpoCial D-Attorncy
eueral Thompson to whom Secretary NJ
state Junkiu referred the protest filed by
Victor Roscwdter against Sephus Nchle
holds Ncble must be nominated in the dis
trirt THAT is the populists must have
pollrd ! per cent of the total vote in the
Second district before being represented
on the ballot. lie pointed out to the secre-
tary how to determine whether the popu-
lists pollrd the per cent The decision of
Attorney cneral Thompson is as follows
| have the honor to acknowledge receipt
of your communication Of this date, sub
miuuE propositions and requesting the
opinion OF this department thereon:
j. Under the primary law IS one prcsi.
district To- hr nominated by the electors Of
the district alone or by the electors of the
state At large
party at the last general election pollcd
per cent on more of the vot" OF the SJal'.
| county or district in which candidate
seeks the nomination What mc'hod sh'h
be pursued
lowing statutory provision. me samo n'lhE
/ subdivision o. section >. primary law
"A tine september primary in l%N' l1 ana
every four years thereafter, there shaN
he nominated by each political party one
candidate for presidential el"ctor I'm carn
Of The congressional districts within the
state. and two candidates Tor prcsldcntlaI
oloctors-at-large. Candidates Tor pfeslu'n-
tial electors shall file nomination papGlS
/
for state Offices.
Language Is simple.
In the construction Of statute, words
should bn given their common ana 9rdinta,g
in in sin,lr Language to provide now prcs-
dental electors shall br nominated. u WI
H., rrrs,,rned ia have intended what It has
/ Tlsinl,. axrrrssod Rv the stajut" above
! auot"d il fixed the times the means by
which and me rlaoe, WnGr' G r6c tme i.
/ :. ptcmher 1905. and every four Years turte-
| after. Tn. means Is each poii'ctl baL,a
The place is I'm each OF tho consIess'ouaI
( 5istric:g cXCpnt as TO two CIe'inrS-d'-
/ large | think the language employed rem
/ ders +, reasonably certain ihgl lIt lEE..SS,aI
. narlirs of each congressional district, "nil-
/ lied TO a candidate at the primary el'''lnI'
should nominate presldeh va na' stgto At
/ Iarsc.
There is little ] any, room Lo- tyl9't ~
tiru Of this statute. II the legislature heh
I Intended 'hdi ,"el S"u,IuG u,IG,ia, r.rtV Of fn,
! lne 'le.I",S "' ,,,,I5 Nave uand Language
! Sla'r a. i"' T,,I n .ant Iug;cad of the
rNpressiyr o. va, No r,,eressinnal dis
words IN "a'n %. ny, c.n7I,d nave ON
. trCts i'm TN" state: III Won" ,..,i,,,r
plovcd tnc words from 'a," 'I''S o.,i,,,
district in tine state. -Iah.' "' rI.irs
/ :, chapter 81. compiled statutes dcilhlnE
/ sbnli br elected at tine general election
t will show that TIN" general ".'Nll"' ,'N
almost invsriahv introduces Ine p'y'
WNm,'ro WNam,, MY 'n all counties" lin coun-
tias riT, .lnr towl ship organ.zar ION In cacn
I founshiu" "in each supervisor district,
( oir This shows 2 legislative intent to
limit The election to tine s"N"ra. Subul\'-
! ginns dascrihcd Tho question OF the OK
/ SiI,siye right of the electors OF these poUt,-
: ~ aa',rIi,-isi,ns to rlcct the officers named.
/ ca ,s Sm""', ,I, advised has always been
! 50 lal 3' ana a." t%inL The same cunstruc-
/ Col'rG,u,, ~. M .,rIir1 IN tho urinary law
/ tor Shoulu u. "'p'.s'TI ,,,i,,,, tl,at undcr
! am '''I'ip' -, ',,r, g,r,liri,d politiral
the primary .a% Ga,n dn,I,' din,i" pTNsiden.
! lial eAOior Wllnin, dIg f,denendcntIv
each c"nE'oSsIona, 5istIints or or
the state at large. TIL" IanE"'E' HI VII.
statute shows thai Two classes nl ',ti,,},i
s,Ed snd nv thn .congrcssional districts. and
R the otnc. class within ana ny Inc S'a', ~
larEe. II IN" legislature naH !m,oHua" !m,oi,od a.
iarp. iH r5 Qualification would have been
NECESSARY or made.
: \ot So CIcRr on One Point.
ON your second ropo.i,io... i,u9 me- sec
. tiou a. primary law, reads as luu'MiS1
/ 40 person sudli b" "uuded 10 OF a%i alloM%eIi
to file Il nomination coruhcal' as pro- "NN,I !u,II
for IN ,his act or TO have ms name p'd,Su
I upon primary 'It'l"n paiiE' piSaN ii tic M
J primary election {" p' H'iu' uIl's9 III
iiuca party Hhlc" r s'a,Is AHA m ,t SSiu tGc ras,
election before tie primary sl',ll1tm ,t- ~ oi, Nv
held AT least per cent "L ii,J nv as
trict to, Whlc" ne st'NS ''''
s is po@9G,S9 sS5aia sSsos' on the is' primary %aSS
ballot unless a. the iasi E'nsial ''rCIi,"dd 'rCoII,d
ihr parlE ot "n,G" ne rs V9re If ths
al least per ,, nr"i disrrir IN which he seeks
the nomination. n T." ,''' ,,nstioU or nov
pursued in d',grmila,E 'no osd ~ me lsst
general election, u IS ni,loTH1 gonoraI 20 rI," This
nng m9Tg sGon5 i'm he deJormned by You from
an the evidence "3,1'9&pi'' 9d s''G mater Of
TNlH'u'E trsr "T IT. narty that The candidate