Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-01
MACHINES NOT AUTHORIZED
Such is the Testimony Of Secretary of
State Junkin.
BRINGS THE OFFICIAL RECORDS
These Go 10 show chat NO Action
of the Board Ever Permitted
the Use of the Voting
Machines.

Judge Troup will probably hand down
a decision In the voting machine man
damus suit some time today. Arguments
we're not concluded by adjournment time
yesterday afternoon and a period Will be
devoted to this again this morning.
Attorneys for the defense made much in
their discussion of the fact that tho State
Board Of Voting Machine commissioners
never authorized the use OF machines, and
attorneys for the plaintiff asserted that
this made no difference, that deputies OF
the state board had done 30.
The current opinion among those who
have followed the case is that the attempt
OF c. o. Jobeck to crawl on Dahlman's s
shoulders will be vain, and that the de-
cision will be against the assurance OF a
writ Of mandamus, as prayed for by the
comptroller.
That the use Of voting machines in Ne
brasks never was authorized by the State
Board Of Voting Machine commissioners,
was testified to by Secretary OF state
Junkin Monday morning
In corroboration Of MS testimony Mr..
Junkin produced the official record Of the
proceedings Of the board and the record
was offered in evidence.
On this testimony County Clerk HaverIy
in part bases his defense of his refusal
to use the machines. The other ground IS
that the large number of petition candi-
dates whose names must be submitted to
the voters makes impossible the arrange.
ment Of a machine ballot in conformity to
the paper ballot ordered by law.
| Taking Of testimony was completed al
| l1:45 a. m, and an adjournment wal
taken TO give Judge Troup opportunity
to examine the machines. the theory being
] mi bR-
| ton could the Judge place himself I'm the
best possible position to adjudicate the
case on its merits.
Arguments Monday Afternoon.
The official record % the state Board
! OF Voting Machines commissioners was
contained in a record book that also ha,
been used for other records The record
Of the board showed that the board met
elected j. H. Mickey, then governor. chair
man, and A. Galusha, then secretary Vi
state, secretary; that three deputy com
missioners were elected; that an apploa
tiOn Of the Empire Voting Machine Com
pany for consideration of its United States
! Standard voting machine was received
| Here ended the official record.
Discovering that several pages Of thu
1 record book had been removed, (. j. Dunn
OF counsel for Lobeck, asked Mr. JunkiT
for an explanation. Mr.. Junkin said h
did not know how the pages In the bool
came to be removed but said that in time
past when changes in officials have taSel
place outgoing officials have cut their rec
ords from books containing records OF dif
ferent officials or official bodies and de
vered them 10 their successors.
Mr.. Dunn asked Mr.. Junkin II he kney
OF any representatives OF the defense look
ing over the record book within the las
) few days. The answer was affirmative
John p. Breen, Of counsel for the defense
resented the question as an intimaton tina
the records had been tampered with. MI
! Dunn said no such inference was intended
The removed leaves were not removed fror
the section OF the book devoted 10 record
of the proceedings Of the state board.
Arguments were begun at p. m.
t was stated that they probably would con
sumo the entire afternoon and judgmer
by Judge Troup might be expected Tues
Z day morning.
Believing that a decision against IN
+ machines will be rendered, County CleT
Haverly NlJuday afternoon fn'nishe
copy for "a paper ballot 10 the Burkle
Printing company with instructions
proceed with the printing. Deputy Count
= Clerk Dewey said II was necessary thl
the work be started at once if the ballot
, are 10 be gotten out In time.