Omaha daily bee., 1909-07-14
sO.Called Nonpartisan Law Defunct

Mississippi river district.
So-Cslled Nonpartisan Law Defunct.
The so-called nonpartisan judiciary
law, enacted for strictly partisan pur-
poses by the late demo-pop legislature,
has met an early death by collision
with the constitutional guarantees OF
free speech, free assemblage and free
elections. The decision of he SUI
preme court voiding this act will not
be surprising to anyone at all familiar
with it's provisions, not even to It's au-
thors or to the lawmakers who voted
for It under party whip, because on its
very face it ran counter to the express
provisions of the constitution.
Passing over other questionable
features, the rock on which this So
called nonpartisan judiciary act has
~foundered Is its attempt to prevent
any political party. committee or con-
v%ention from Gin any n whatso-
ever indorsing, recommending, censur-
ing, criticising or referring to any
candidate" for judicial Office. This
would prohibit any political assem-
blage from exposing or denouncing
the d~espotism Of a modern Jefries or
the corruption of a venal judge. 1t
would also be the bulwark of judicial
u~surpation and the shield of judicial
incompetency. II would prevent con-
certed action to rid the state of any
odious Judge who proved himself I'M
Trustworthy, and instead Of promoting
liberty and equality before the law, 1t
would smooth the way for the judicial
tyrant.
There is nothing in the constitution
to prevent the legislature from pre-
scribing the form of ballot to be used
in all elections. The legislature may,
If 1t wishes, remove the party circle
and require every voter to put a cross
mark after the name of each candidate
of his choice. 1t may even go further
and remove the party designation from
the ballot, so that each voter must find
the name of his preferred candidate
without any Identifying mark Of party
af1liation. But the legislature has no
authority to throttle the right Of free
assemblage and free speech by forbid
ding Endorsement, approval or criti-
cism of public officers or candidates
for public Office. In this respect there
is no difference between the judicial
Office n other Offices, each being
legitimate subjects of criticism or APP
prevail by individuals, or assemblaSes
of individuals, whether under the
name Of the republican party, the So
cialist party, the prohibition party, the
A~nti-Saloon league, the Christian En-
deavor or the State Federation Of
Labor.
The annullment of the so-called nom
partisan judiciary law throws the cleo
ton in Nebraska this year back under
the system of direct party nomination,
which will give the people ample facil-
ity to choose between the various as
p~irants for Office. If u democratic
friends are really in earnest In their
/ prating about nonpartisanship there is
nothing whatever to prevent them
| from supporting one or two repub
l licans on their ticket. If they are
constitutionally opposed to having
party designations attached to the
names Of judicial candidates there II
nothing whatever to prevent then
: from foregoing their party nominations
, and letting their candidates go on the
: ticket by petition, and depending upor
their W personal merit and popular
fly to attract support. But, of course
our demo-pop friends will do nothing
Of the kind. They will come to thu
front with a full quota of partisan
candidates for the nonpartisan of1c'
: of Judge of the supreme court. The,
have been merely playing a politica
: trick in the hope Of catching som
s wind for the stilled sails Of the demo
d pop craft, realizing that they had moth
ing to lose and everything to gain. w
o do not believe, however, that any mum
Der of intelligent voters In Nebrask
will be fooled by such transparent de
ceDtion,