Omaha daily bee., 1909-04-22
DUUNAN RULES, parties Kick
City Attorney Says Petition Candi.
dates May Not Run as Partisans.
BOTH SIDES APPEAL TO COURT
Decision that Excise BOARD and En-
Gineer Nominees May Not Have
Party Designations Pro-
nounced Absurd.

City Attorney Burnsm mas ruled that
names of candidates for city engineer and
Board OF Fire and Police Commissioners
may not be placed on the regular election
ballot as party nominees or under party
designations. Such candidates, he has de-
cided run as individuals on petitions.
This ruling is made az applying to the
action of the democrats and republicans
in selecting their respective tickets for
these offices and giving them the party
designations on the city election ballot.
The city attorney holds that because
no nominations were made for the office
no vacancies exist to be filled and advised
the city clerk that the party nominees for
these offices must not be placed on the
official ballet under the party designation.
In line with this ruling, the city council
in adjourned session wednesday msrning
passed an ordinance prohibiting placing on
the voting machines the names OF candi-
dates for city engineer ana the Board of
Fire and Police Commissioner MIR. Zim-
man cast the only negative vote.
Both parties will resist the ruling Of the
democratic city attorney and lawyers
appointed by the democratic committee
will this afternoon apply to the district
court for a writ of mandamus compelling
the city clerk to place the party nominees
on the voting machines under the party
headlines. In this action the republican
committee will join.
Weaver Say It's Absurd.
r. l.. Weaver, Louis Patti and John r.
Moriarty were appointed by the democratic
committee to leok up the law on the
matter and to take any action deemed
necessary and Mr.. Weaver. chairman,
characterizes the ruling of the city attorney
as absurd.
1T does not follow that because these
offices have not before been elective that
vacancies do not exist, any more than a
piece OF property on which a house has
never stood is not vacant said MIR.
Weaver.
"The parties could not nominate their
candidates in the regular manner for the
simple reason that the offices we're not
elective a. the time the city primaries were
held.
THE whole scheme OF our government
contemplates the filing OF offices with
party nominees and every man has a privtl-
eye OF running for an office under his
party designation. I think the court will
hold this to be the case and will not only
order the city clerk to place the names Of
the candidates nominated by the democratic
and republican committee on the officia
ballot under the party names. but hat tn,
order will extend to the voting machine,
and that our candidates will be on the
machines with the other nominees
;! Text of Deeision.
City Attorney Burnam's opinion IL ad
dressed to City Clerk Butler in this Ian
guage:
You are advised that 1t is the opinion o
this office that no vacancy exists on eithe
the republican or democratic ticket will
reference to the office OF city enginee
: and members OF the Board of Fire an
Police commissioners. ] an of the opinioI
that an candidates for the office of cit!
5 Fire and Police Commissioners must ruI
by petition and appear upon the officia
ballot under that designation and no other
It Is my opinion of the law that there hav
4 ing been no nomination made for thes
/ OFFICES. no vacancies exist to be filled b.
the committees OF the various politica
not legally nominate candidates for sal
n offices to fill the so-called vacancies, an
s that you cannot place on the Official ballo
at the coming election the name OF an
person for the office of city engineer or c
members of the Board of Fire and Polio
I Commissioners as democratic, ~republica
. or any ether party designation.
The city ordinance was introduced b
Councilman Sheldon. and reads:
The names of candidates by petition fc
thes offices of Fire and Police Commission
e ers and city engineer shall not be place
on the ballot label Of the voting machine
used at the city election to be held o
a May 4. 1903, nor shall the said voting ma
chines be used for voting. registering {
counting votes cast for said candidates
d the said election, but all of the names
such candidates by petition for said office
shall be printed on paper ballots. said ba
lots to be OF the kind recognized by. la
in election precincts where voting machin,
e are not used, and to be provided by the cit
clerk of said city, and at said election sa
= printed ballots shall he used by the ele
tors for such. candidates by petition f.
said offices In lieu Of such voting machine