Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-01-19
Some Doubt About Eligibility Of
Present Judges to Sit in Case.
TWO INTERESTED IN DECISION
Judges Elected in Fall to Take Seats
in January Competent.
POLITICAL BYPLAY
LITTLE
sullivan and Others Endorsed Dean
when They Thought He Could Not
Land and Now want 60 Have
Him Ousted.
(From a staff Correspondent) y

lsfNCOlSN, Jan. le-NSpeClAlsl-M r.
Homer Sullivan Of Broken Bow is expected
in Lincoln Tuesday, accompanied by Judge
Holcomb and the former will start his pro
ceedings to disrupt the supreme court and
place the men named by Governor Shsllen-
berger upon the bench.
II the orderly and decent proceedings
promised by Frank Ransom, when he
forced the legislature to canvass a printed
abstract OF the vote cast for the amend
ments, which had not even been certified
by the secretary of state true copy"
of the original abstracts are counted out, II
will probably be after the next election
before the case is passed upon.
At the fall election there are three
supreme Judges to be elected to take the
place OF Judge Barnes. Judge Fawcett and
Judge Dean or Judge Holcomb should he
be seated before this by the democratic
administration. and Senator Ransom per-
mits an election.
There is no question but that the judges
elected at that time would he qualified
to pass upon the case inasmuch as they
would have their titles clear and not be
dependent upon an appointment by any
governor. There is a grave question now
whether the present court is qualified to
pass upon the case as two Of the Judges
are dependent upon the decision for their
places. Under the law II requires four
of the judges to render n decision and
those who have accepted appointments at
the hands of Governor Sheldon may
naturally be considered as having pre-
judged his right to sit. So to get a quail
| fled court to pass upon the question II
will probably be necessary to delay the
proceedings until after the next election
when three judges Will be elected
| Plan a Consistent One.
This plan is consistent with the argu-
ment advanced by Senator Ransom when
he bulled his proposition through the leg
! islature. In one of his speeches he said
| the proceedings to be orderly and
decent and there will be no calling out OF
| the militia to oust the present court He
even went so far as to say that the pro-
ceedings would be started by the judges
4 appointed by Governor Shalenberger aud
taking its natural course, the case would
require about a year and a half to get a
final decision.
Following out Mr. Ransom's promise,
! some of the democrats object to any pro-
ceedings at this time, but insist that the
case should be postponed until after cleo
tion. But even If Mr.. Sullivan insists on
starting his proceedings tomorrow, 1t is
being talked around the legislature that
there is no occasion for the court to finally
decide the case until after the three Judges
are elected.
Incidentally the appointment of judge
! Holcomb in place of Judge J. r. Dean is
now said to have been a case Of hoodwink-
ing Governor Shallenberger by Judge
Homer Sullivan of Broken Bow, who is
bitterly opposed to Judge Dean sitting on
the bench even though he did endorse him
when his name was presented to Governor
Sheldon. 1t is said by those who claim to
be in possession of the facts that It was
from Sullivan that the plea first came to
get Dean off OF the bench Sullivan, 1t is
reported, worked through NJ. f. Harrington
and Harrington worked through his handy
man, Arthur Mullen. And so Dean was
| sdetracked to satisfy Judge Homer Sui
livan.
Reports from Custer county are to the
effect that the democratic party is much
disappointed in the action OF Governor
Snallenberger. Not that they have It in for
Judge Holcomb but because a movement
had already been started to take care of
Holcomb by eectng him county Judge.
Holcomb and w II. Eastman and Clarence
Mackey and the county chairman all
worked for Deans appointment until Sui
livan discovered that he stood a chance
of getting it, so then he changed front and
insisted on the appointment Of Judge Hol-
comb. The fact that Sullivan used the
governor to punish a man that he dislikes
has alenated a number OF the leading
democrats of Custer county from the gov
ernor.