Omaha daily bee., 1909-07-11
SONPARTISAN CASE ARGUED
Supreme Court Will Construe the
Judiciary Act Monday Afternoon.
POINTS OF ATTACK ON STATUTE
Attorneys Contend ~ Amends Laws
Already Repealed and Discrim-
mates Between Candidates
for Offices.
From a Staff correspondent.)

VI NHE hphBaI AAnoh JhaAkAhAg NhN - - /
the hands Of the supreme court. The arsu-
ments were made this morning and Il was
announced that the court would hand down
its decision Monday afternoon at 2 o'clock.
The case came up from Lancaster county,
where John NJ. Reagan Of Hastings secured
a writ Of mandamus to compel Secretary
Of State Junkin to place his name on the
primary ballot as a candidate for the re-
publican nomination for supreme Judge.
The state appealed the case. The respondent
was represented by Attorney General
Thompson, Deputy Grant Martin and OIL
Inspector Arthur Mullen, while General
John C. Gown and c. o. whedon looked
after the interests Of the relator.
In their arguments Mr.. Gown and Mr..
whedon contended that the act is uncon-
stitutional, because II amended certain sec
lions Of the statute which had been eN-
pressly repealed by former legislatures and
carried over in the Cobbey statutes by
mistake. They also alleged there is roth
ing In the title Of the act OF 1907. the pri-
mary laws, that indicates that the body is
to provide for a ponpartisan Judiciary. II
was further argued that to require a
candidate for supreme Judge to secure a
petition OF 5000 signers, not more than 800
of whom shall reside in any one county,
while at the same time requiring candi-
dates for regent of the University Of Ne
braska TO secure only 1000 signers to their
petitions Is discrimination, and It was
finally pleaded that the act prevents the
flee use OF the franchise.
Position of the state.
Mr.. Mullen, who made the principal
speech for the state, commended that where
the amendment made TO a statute repealed
was merely incidental, II was all right and
valid. The present act is complete in itself
and not dependent upon the amended sec
lions. He argued that the Donohoe law
was not class legislation. because It was
uniform as to class. He quoted from a
decision by Judge Reese in State against
Burkee. 0>Nebraska S5:
"A law which Is general and uniform
throughout the state, operating alike upon
all persons and localities or a class or
which brings them within the relation and
circumstances provided for is not objection
able as wanting uniformity Of operation"
Mr.. Mullen commended that the legisla-
ture had a right to provide how candidates
should be nominated and he cited the pri-
mary law which provided that candidates
should be nominated at a primary and
not at a convention.
He cited a Minnesota case where a can
didate for a nomination and defeated at
the primary was prohibited to run at the
general election as the Minnesota law pro-
vided how candidates should get their
names on the general ballot and the law
was upheld
In his closing Mr, Mullen called attention
OF the court to the petition. which. he said
did not set out a cause OF action. The re-
lator did not comply with the provisions
of the primary law in that he did not
present to the secretary OF state a receipt
showing that he had paid to the treasurer
OF Adams county the filing fee. The ac-
ton, he said. should nave been against the
county treasurer who refused to accept
the fee. He called attention to this, he
said. merely to show the court thai the
attorneys for the relator had not looked
into the case before they started 1t.
Wife Dying, Husband Insane.
Mrs. Jennie Talbot of Sheridan county is
dying at Green Gables and her husband,
James Talbot, is confined in a room there
raving and mad. because he believes It was
his own fault that caused his wife's i'll
ness. Mr.. Talbot is a ranchman Rvins
near Rushville. Some time ago his wife
was taken III ana Delnb unAolo % beSuHe
medical attention close at hand, he sent
her to her old home at David City. Several
days ago she was brought on to Greer
Gables. This morning when Mr., Talbot wal
told his wife could not survive he at ono'
began to rave and 1t was necessary to con
fine him
He blames himself fur not Bringing hi
wife to the hospital when ste first beEar
20 enpnpIatn fnataaA ~ nartUffttnR hRr n
stay out on the ranIh. He ted his relatives
he would give all te world II he had pait
more attention TO MIS- wife's condition dur
ing the last two years and less to hi
business. His condition Is such now tina
there are strong fears that he will neve
fully recover his reason.
Mrs. Talbot is the mother OF five children
and is about Is years OF age.
"Bum" Car Regularly Searched.
Under orders from the Excise board
street cars leaving Havelock right afte
the saloons close are searched by the pc
lice for victims afflicted with NHavelock
obia- Amy passenger caught with suffi
cient germs to- make II appear that a cas-
could be made against him in police eour
is arrested.
This search is made at the city limit
OF Lincoln by the Lincoln police. Tn
cars are stopped and the police inspeC
the passengers for drunks.
The Excise board abrogates to. itself tn
right Of search only OF the car known a
the Bum" car. This car. Il has been give
out, is for the benefit OF the Lincolnits
who visit the Ravelock saloons in IN
evenings. and women and children are fol
hidden to board It
II has been reported that a good man
people object seriously TO the action OF II
Excise board In giving the orders to tn
police to search the car OF inspect It, an
for that reason some of them get off {
the car before the city limits are resche
and walk in, rather than TO be overhaule
and passed upon by the minions OF II
lAw.
Prise Packages Under Ran.
Food Commissioners Mains will test IN
pure food law. which provides that ther
shall be no prizes in food packages, b
arresting j. r. Burley a grocer here. tn
grocer sells food packages in which AT
library slips which enttle the holder I,
books for a certain number OF slips.
Many Humbu Licenses.
The reports coming into Game Warde
Guilus show an increase OF As per Ger