Omaha daily bee., 1910-02-24
Nebraska
EBOST MAY TRY FOR PLACE
District Judge Thinking Of Entering
Congressional Fight.
REsIdkAT1ON LIKELY IF DOES
Efforts Under Way 20 Induce George
TObey TO Withdraw in Judges
Favor - shalIenberEer
Trsyels Much.
CFrom a staft correspondentl


LINCOLN, Feb. 3-(Special. AN effort
is b2ug made IN lincoln to get George
TobeE to withdraw from the congressional
race and permit Judge Lincoln Frost to be
the only candidate from Lancaster county
Some friends OF Judge Frost insist that
fe will be a candidate whether Tobey with
E-aws or not. while others are OF the opin-
ION Judge Frost will not resign his present
office for an uncertainty
Should judge Frost decide to be a candl-
date It Is believed by those who prtend tc
be close to him that he VIII follow the pre-
cedent set by Judge A. w. Field and resign
from the bench upon the announcement OF
his candidacy.
Sentiment in this county Is so strong
against 2 member Of the district bench be-
ing candidate for congress that in the
legislature Of 1907 Senator Burns introduced
a bill in the legislature TO make It unlaw-
ful for district Judge to run for any other
Gbfico while still on the bench.
II was argued at that time that the judge
on the bench had an unfair advantage OF
competitors in that he could force lawyers
and litigants to he for him by swinging the
big judicial stick.
Bklck in 1892 when he was defeated by w
J. I3ryan, Judge Allen w. Field haG the
same idea and felt that It was a duty and
an obligation to lawyers and litigants gen
orally that he resign from the bench and
4nake the fight for congress on his own
popularity and his own ability. In addition
to that he would not risk the charge thai
he was using his office to further his poll
1lcal ambitions in another direction.
AS result of his action. however Judg,
Field was defeated because II, he had re-
malned on tho bench be could have forced
the Burlington railroad to cease its fight
on him.
Public Sentiment Strong.
At the time Senator Burns introduced his
bill to prevent the judiciary merely being
a stepping stone to something higher in tho
political scale there was much sentiment
for such a measure over the state The
bill passed the senate, but was defeated in
the house. Since then sentiment apparently
has not changed in Lancaster county. so
to mslH the race for congress it will be
almost@aecessary for Judge Frost to resign
from the bench. In announcing his eandl-
dacy VIII Hayward said he intended to re-
sign as chairman of the state committee
as soon as 1t is convenient for the commit
tee TO meet.
Should Judge Frost decide to resign and
run for congress there will be a lively
scramble for mis- place as district Judge,
Governor Shallenberger will appoint a
isdemocrat 20 fill the vacancy until the cleo
tion. at which time a candidate will be
selected to serve out the term. There will
be many candidates for the place, including
probably Judge p James Cosgrave. who
is at present county Judge. Judge Cos
grave was talked Of for congress, but
after considering the matter concluded not
to get into the race, but to hold onto what
he has. His friends believe that he will
make a formidable candidate for the dis
triot bsnch when the vacancy occurs.
Normal hoard and Executive.
Governor Shallenberger today to quiet a
report that he had secured legal advice
that he can legally remove the members Of
the Normal board, said there was no truth
In the rumor. president Crabtree OF Peru
has written me he will be in Lincoln next
week. said the governor. II am not pay
ing any attention to the Normal board
matter now.
Historical Controversy.
A meeting of the executive board of the
state Historical society viii be called in
two weeks to settle the controversy be-
tween Secretary G. S. Paine and A. e.
Sheldon. A special committee was here
today trying TO do this, but decided to call
the executive board together.
oOmmfssiOn Proves Benefit.
The State Railway commission has proved
a good thing for the towns of the state
which had shortage of coal this winter.
70. 70. Stanton, writing from Stromsburg
to the commission. said the people there
desired to thank the commission for the
promDtness with which It cause the rail-
roads to, rush In a coal supply. Two days
artAsr the complaint had reached the com
miNsion the letter said, the coal began to
move and no one suffered. Many COM
plants we're received by the commission
and in each instance the care were traced
and moved rapidly upon orders Of the COM
4mission.
Eighth Grade ExaminAtiOns.
State Superintendent Bishop has issued a
pamphlet on the eight grade examinations,
whiSR this year win be uniform through
out tee state. Three examinations win he