Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-07-22
Republican National Committeeman
Seeks to Stop Primary Farce.
ONE MAN ON FOUR TICKETS
Records Do Not Show Fee Paid But
for One Filing.
PLAIN PROVISION OF THE LAW
Long List of Leading Aspirants for
Place I'm Nebraska who Are Try
ing to Gain Added Endorse
ment by EvadinE statutes.
fFrom a staff Correspondents

(From a Staff Correspondent
LINCOLN, July A.-(Special )-Secretary
OF State Junkin was restrained this after
noon from certifying out to the county
clerks the names o. those candidates who
have filed on more than one ticket and
paid only one filing fee. The order was
issued by Judge Lincoln Frost of the dis
trlct court, on application of victor Rose
water, republican national Committeeman,
acting through John o. Yeiser, attorney.
The effect Of the order. II made perma-
nent will be TO prevent democrats filing
on both the democratic and populist tickets
and populists filing on both tickets, as they
have been doing. All OF the democratic
candidates for United States senator-Mr.
Hitchcock, Mr.. Metcalf, and Mr.. Reed
have filed on both tickets, and so has Gov
ernor shallenberger, candidate for re-
election.
All OF the democratic candidates for con-
gress worked in a populist petition and
got on two tickets, as did numerous candi-
dates for uie legislature. One prohibi-
tionist candidate for United States senator,
Thomas M. e. Birmingham, got on three
tickets, while candidate for congress in
the Sixth district. Robert G. Ross, has
his name file don four ticlets.
order of Judge Frost.
The order signed by Judge Frost is as
follows;
"Et is therefore considered. ordered and
deoreed that the defendant be. and hereby
is temporarily restrained from making or
publishing the names of any candidates
upon any preliminary notice or upon any
sample ballot, or from certifying the names
OF any candidates ior nomination at tne
primaries OF any political party for Au-
gusn l6, 1870 excepting only in cases whore
the filing fee, fixed in amount by stt~T,
has been previously pair, as shown by the
presentation of the receipt of the proper
county treasurer at the time OF such fling,
separately and distinct for each party upon
which such nomination was requested.
tits further ordered that the hearing for
temporary Injunction is hereby set for the
2Tth day OF July. 1910. at o'clock p. m. or
as soon thereafter as counsel can be heard;
the said restraining order to continue in
force until said hearing"
Text of Petition.
The petition is as follows:
Victor Rosewater for himself and on
behalf OF all others similarly situated, plain
tiff. against George G. Junkin, secretary of
state OF the state OF Nebraska, defendant.
Comes now the plaintiff and alleges that
ne Is y ClIAcNa taxpayer anu OlSCLOI OL lhS
state OF Nebraska, affiliating with the re-
publican party
"That George c, Junkin, the secretary of
state Of the state of Nebraska, is charged
with the duty of preparing the ballots for
the several primaries of the several poll.
tieai parties to be held on the 10th day of
August, 1910
That the defendant is threatening to
place upon the ballots of the several poll
tical parties OF the state of Nebraska names
OF pretended candidates who have not COM
piled with the laws of Nebraska to be
entitled to SO upon the ticket of more than
one OF said parties and will do SO unless
restrained by the court.
THAT the said persons referred to above
separately filed nomination statements or
accepted positions for nominations for GER
tain offices respectively shown hereinafter
for and upon a separate and distinct ticket
OF one OF the distinctive political parties
of said state for which the filing fee was
duly paid and which first attempt to OBJ
tain a position on such ticket Is not chal-
lAnged Hut attempts were made by said
candidates and some of the voters of Ne
braska to file petitions with the names of
said respective candidates already upon the
ticket of one of said political parties SO as
60 attempt to be also upon the ticket of one
or more other political parties without the
payment OF the fees provided by law as
condition precedent to any attempt at fill
ing the same. which act beside being in
violation OF the mandatory provisions and
conditions precedent of law. also prevented
voters OF the opportunity OF examining the
office OF the county treasurer for evidence
OF said aspirants attempts TO become can
didates to enable the filing OF protests.
I8rfn,awv for FaCh pmHfw
That the said failure to pay the said
fees and file or present receipt to obtain
any additional nominations at the primaries
OF other political parties prevented the de-
fendant from obtaining jurisdiction TO file
or consider the use OF said name upon the
ballots of any political party for the rea-
son that the supreme court has decided
that said primary is in fact separate and
distinct for each political party.
THAT the non-payment OF said fees In
said attempts at multiplying nominations
OF various political parties upon the one
fee paid for nominations on the ticket OF
the first party resulted from ignoring a
plain and imperative jurisdictional provis-
ion OF law sanctioned by the supreme court
and is not a mere mistake in some detail
OF an apparent conformity.
THAT the persons referred TO above are
named hereinafter with the designation OF
the office for which they are candidates.
with the date OF the original filing and
presentation Of receipt for the purpose OF
the legal fee and also the date OF other
attempts TO file without the payment OF
fees or filing or presenting or additional
receipts 70 show that they are entitled TO
any more than one primary nomination.
(fIere follows a list OF all candidates who
have filed for more than one party)
why order IL Asked.
THAT the plaintiff Is an elector taxpayer
and citizen OF the state OF Nebraska and
will suffer irreparable injury and damage
aud has no adequate remedy at law II said
fraud Is permitted and said names be multi
oiled on said ballots In violation OF law.