Omaha daily bee., 1910-11-03
Troup aivss Hls Reasons.

TrOup Gives HIS Reasons
Judge Troup's opinion was gwen orally
and at some length. its delivery occupying
nearly three quarters Of an hour. In sub
stance he said:
''At the beginning of this hearing con-
siderable time was spent in argument and
testimony over points Of minor Importance,
II they we're OF any consequence at all.
Chief among these was the question OF
whether or not the county actually owned
enough machines TO hold an election by
their use. / think the testimony made 1t
clear that there was an understanding be-
tween the county and the city that either
should be FREQ to use the machines owned
by the other when occasion required.
THE case was submitted to me on three
main propositions; First, the constitution
ality Of the state voting machine law;
second, whether or not the use of the
machines ever was authorized by the State
Board of Voting Machine Commissioners
and the Board OF County Commissioners;
third. whether or not the machines in the
particular Instance OF the coming election
are adequate to the legal ballot The
first two questions involve some fine
points, but they were not for my consid-
GRAFTON at this time. Mr.. Haverly made
neither of them the ground for his refusal
to comply with the county boards order
that he use the machines. His sole ground
was that the machines lacked the capa-
city to carry the ballot In legal and sat
isfRotory form"
Judge Troup then in detail explained the
reasoning which brought him to the con-
cluSion that while the machine is not pro-
vlded with sufficient horizontal lines to
permit of placing of names Of all petition
candidates for an Identical office in a
column, II carries blank spaces sufficient
10 accommodate the names Of all candi-
dates. He held that the arrangement,
while departing from the customary form
Of ballot TO some extent, really places no
candidate nor voter at an actual dlsad-
vantage. Illustrating his finding on a
copy of a machine label pasted on the wall,
he showed how the petition candidates for
county attorney will be 1T no dlsadvan-
tsRe. The candidates for deputy assessor
in the First ward South Omaha, he said,
might be at some disadvantage il the
voters were not instructed how to vote for
them, but 1t is customary and contem-
plated that whenever and wherever the
machines are used there shall be provision
for Instruction OF the voters.
The machines as arranged by Mr.. Gus
lawson, agent for the Empire Voting
Machine company. are practically adequate
and satisfactory, he said. AT the time of
County Clerk Haverly's refusal to use the
machines they were not adequate and there
appeared TO be no way OF making them
So Since heavy registration In some pre-
cincts OF the city indicates that the vote
will be too heavy to be met by one
machine. the county clerk will bring sew
erRl machines in from the country precincts
and place two machines in a city precinct
when necessary, paper ballots being used
in the country precincts from which the
machines are taken. In this matter Judge
TrOup told MIR. HaYeriy TO use his own
discretion.
Mr.. Haverly has not decided whether or
not he will appeal to the supreme court.
He said no appeal will be taken. ~ least,
until after the election.
Double Machines Used.
On account OF the heavy vote Indicated
by the registration, the county clerk will
place two machines In the Third precinct
Of the Seventh ward, the Fist precinct Of
the Fourth ward and the FIrat, second
and Fourth precincts OF the Twelfth ward.
he said Wednesday afternoon, 1t II de-
velops that other precincts will need more
than one machine the necessary machines
viii be provided. Paper ballots viii be
used In eleven Of the fifteen precincts out
side OF Omaha and south Omaha. The
machines that have been used there will
| be available for use in the cities, In
| Dundee, Florence and the two Benson