Omaha daily bee., 1910-11-01
Nebraska
MULLEN FILES An OPINION
Attorney General Holds Peter Morton
sen Petition Too Late.
WOULD DEPRIVE VOTER OF RIGHT
vtate Treasurer Brian Files Monthly
statement showing Condition OF
Treasury-Brief I'm Ludden
salary Case.
Lon q staff Corresrondent.. }

AFFOm a FLaII AoFIeSIo uQent.sl
LINCOLN. oct. 3l-(speclel) -Attorney
general Arthur Mullen in his first opin-
ion handed down after taking the office 20
which. he has just been appointed. decided
that the name OF Peter Mortensen. candi-
date BY petition for state railway commits
sloner TO fin vacancy. cannot legally go
on the ballot The attorney general holds
that, inasmuch az the vacancy ocourrer
within less than thirty days OF the cleo
ton, the governor SHOULD appoint the APP
pointee to hold until Tie next general cleo
ton 4 year from now.
The opinion was written to the county
clerk Of Platte county and is as follows,
in part. .r
"In this instance the vacancy occurred
twenty-four days after the general cleo
ton. too late for any OF the political par
ties TO nominate candidate either at the
primary or by their respective political
committees.
1T is difficult TO ascertain just what
the present law IL with reference to run
ming for office by petition. without going
into an extended discussion Of this sub
iect the view Of this department is that
section 100 chapter %, compiled statutes
Of 1905. has never been repealed.
ITO hold that the vacancy in this in
stance should be filled at the general
election in November, 1910 would impede
and hinder the elective franchise in this,
that Il would prevent the nomination Of a
state officer by political parties and would
leave the selection OF candidates for that
office 70 a very small portion Of the people
Of the state. II would be in violation Of
section %, Of the BIN OF rights, which de
olares as follows:
- 4
shall be no hindranee or impeachment to the
right Of a qualified voter to exercise the
elective franchise s-.
TreasuFer'a Monthly Report.
The monthly report of state Treasurer L.
G Brian shows that he had on hand oc-
tober l. IN all funds, $685. 44O86: receipts
during the month, Sass, no. payments, $685.
Oi797; balance at this time $754,i4i.ss. The
cash and cash items on hand amount to
t22. 271.5e; cash on deposit. S73l 5000. The
permanent school fund contains uninvested
Sl2,@275. The general fund S2S2, 2S7Si The
trust funds invested amount to S5411.S9.
Brief IN Ludden salary Case.
Arthur f. Mullen. attorney general, hai
filed in the supreme court his brief in the
case wherein Luther p. Ludden Is seeking
by mandumus to compel the state auditor
to pay him Si75 alleged to be due as com
pensation for acting secretary Of the state
normal board. In the district court of Ian
caster county Ludden secured a verdict
Upon the request OF the governor, the
case was appealed by the legal depart
ment OF the state.
In his brief Mr.. Mullen argued that al
Ludden was a member of the norma
board he was not entitled to any compen
sation for any work he did for the boaIC
as the law provided that board members
should reeelve, only tReir eKpenses2 wheel
attending meetings he further argue'
that as the board was suspended DURING
the time the new normal board law was II
litigation, that Ludden did no work dur
ing that time, and therefore, not entities
to salary for those seven months.
This suit Is the outgrowth OF an effor
on the part OF the late democratic legis
lature to make few more Jobs for demo
Gratis. IN order TO get rid Of the norma
board, which happened to be composed c
a majority Of republicans, the legislator
lesislated that board out of existence an
passed a bilt providing That Governo
shRllenberger should appoint board. A
usual with the work Of that Legislature
out TO prevent the board from paying Nj
a flaw was discovered IN the law and
was declared unconstitutional. Then tn
opponents OF the republican board starte
out 70 prevent the board from paying Nj
Ludden and salary for acting as secrS