Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-07-13
It Prohibits Freedom of Criticism Of
Public Servants.
]oURT Is NOT UNANIMOUS
One Member Holds that Statute Would
Fail Without This Defect.
RAGAN's NAME GOES ON BALLOT
Decision VIII Have Effect of Causing
Nomination of Candidates by PO-
IIttcaI Parties at Primary
Election.
tFrom a sad correspondentl


LINCOLN. July 12-(Special Telegrsm.)-
The nonpartisan judiciary law enacted by
the recent legislature was declared void
and unconstitutional by the supreme court
this afternoon. The judgment OF District
Judge E. Cornish of Lancaster county was
affirmed and a writ of mandamus will
issue to compel Secretary of State Junkin
to place the name of John NJ. Ragan of
Hastings on the primary ballot as candl-
date for the republican nomination for
supreme judge. The nonpartisan Judiciary
act prohibited the nomination OF party
candidates for the judiciary or for state
or county superiuosndents, but held candi-
dates for these positions should go on the
ticket this fall at the general election by
petition.
The original bill was drafted by NJ F.
Harrington, but was materially amended
by the legislature. AS a result OF the de-
cision candidates will be nominated at a
primary election held on the last Tuesday
in August.
Memorandum of Court.
The court handed down the following
memorandum:
THE members Of the court were of the
opinion that the provisions of the act under
consideration prohibiting political parties
from in any manner whatsoever endorsing,
! recommending, censuring. criucising or re-
ferring to any candidate for the office OF
chief justice OF the supreme court, Judge
Of the supreme court, judge OF the district
court, county Judge, regent OF the state
university, superintendent of public in
struction or county superintendent of pub
lie instruction, are void. being In conflict
with and repugnant to section OF article
1 of the constitution, being the bill of
| rights, which provides
Every person may freely, speak. write
and publish on all subjects. being respon-
sible for the abuse of that liberty
And also section 10 of article Of the
constitution, which provides: The right
of the people, peaceably to assemble, to
consult for the common good and to petit
] ton the government or any department
/ thereof. shall meier be abridged"
Court Not Unanimous.
One member was OF the opinion. however
that these provisions Of the act were not
properly before the court for it's consider
alton. and not necessary for determine
ton of this case. -Four members Of the
court were OF the opinion that the act
might be sustained II the foregoing were
the only defect therein. Five members Of
the court were Of the opinion that so much
of the act under consideration as phohib-
ited more than 500 electors of any one
county signing the petition Of any candi-
date for the office OF chief justice or
Judge of the supreme court was void, being
repugnant to section %, article /, OF the
bill of rights which provides;
"All elections shall be free; and there
shall be no hindrance or impedlnent to
the right OF a qualified voter to exercise
the elective franchise"
Four members of the court were OF the
opinion that the aforesaid limitation formed
an inducement to the passage OF the act.
and that the entire act must fall
One OF the members. not concurrins in
the Judgment. is OF the opinion that the
aforesaid Limitation Is void, but that with
such Limitation sriken ou the act can
still be sustained.
The remaining member Of the court did
not consider such Limitation void, but
maintained that the act is valid.
The majority Of the court holding that
the act is void. he Judgnen Of the dis
trict is affirmed.
Reese. C. j., absent and not sitting.