Omaha daily bee., 1910-10-20
MACHINES NOT TO Be USED
County Clerk Decides it Would Be
Illegal to Use Them.
RE ACTS ON LEGAL ADVICE
Opinion by A. w. Jefferis and John y.
Hreen a. cited for the Position
Hc Takes on the Com
Ina Election.

Auk NahNNAA"hs
BasinE his decision upon a written opin-
ion by A. w Jefferis and John P. Breen'
in which they hold the use Of votins ma
chimes a; the November election imprac-
ticable and legally impossible and question
the legality Of the use OF machines in any
circumstances County Clerk d. NJ. Hav
erIy decided Wednesday that the voting
machines shall not be used at the cleo
ton The votes shall be cast by the
Australian ballot
A further reason for Havery's decision
is that f. T. f. Ridgway, custodian OF
the machines. Is planning to add to them
attachments that he believes VIII serve
the purpose OF increasing their capacity
so that they can carry the official ballot
which they could not carry unless some
change we're made. Hayerly doubts the
possibility OF changing the machines and
believes it not unlikely that tampering
with them might place them so far out
Of adjustment that they would fall to work
properly and the entire election would be
illegal
Speaking Of the voting machine matter,
Mr.. Haverly said:
When these petition nominations were
filed Il appeared doubtful II the machines
could be used / realized that the matter
was an important one and determined not
to act without legal advice. I did not ask
this advice Of the county attorneys office
because ] did not wish to embarrass It.
asked an opinion from Jefferis and Breen.
/ base my action on their opinion and also
on the belief that the tamperng with the
machines which is planned in an effort TO
enlarge or increase their capacity might
put them out OF working order ! think
also that the machines, II tempered with,
could not be legally used, as after changes
had been made or attachments put on
they would not be the United states
STANDARD voting machines authorized by
the legislature"
Opinion of the Lawyers.
The opinion OF A. W. Jefferis and John
=. Breen folows
Hon. ID. NJ Haverly, County Clerk Doug
las County, Nebraska-Dear Sir; We sub
init TO you our opinion as TO the con-
stitutlonalitX OF our voting machine law
and the proposed use Of the United states
standard voting machines at the coming
We believe that the use OF said machines
is, under the conditions now existing, i'm
practicable and legally impossible be-
cause, as we are advised, there have been
duly filed with you county clerk petit
tons nominating four persons for the office
of county attorney and five persons FOR the
office OF county commissioner for short
term" tn addition to the regular party
nominations for said offices
Now, as there are five political parties
having regular state or state and county
nominees this year, Il Is obvious that
five party horizontal lines, each bearing "A
party label or party designation and five
party levers upon said machines must be
given up TO, or devoted to, these five
political parties and their nominees This
leaves but two horizontal lines upon the
machines which can be devoted to candi-
dates "by petition We are OF the opinion
that each one OF these petition candidates
a. md he Cd n
name appear upon horizontal line labeled
at the extreme left of the machines and In
by petition" and to have his name in
serted on such horizontal line directly be-
meath the party nominees for said offices
and In the perpendicular columns or vertical
office rows labeled at the top, respectively,
county attorney and county commissioners,
short term, for II must not be overlooked
that nomination by petition is one/of the
methods authorized by law, and hence a
person 30 nominated Is entitled TO have his
name so placed upon the official ballot or
voting device as 20 enjoy precisely the same
facilities for voting for him that are en-
ioyed by party nominees for the same
The foregoing views as to the rights OF
petition candidates upon the voting ma
chine are not new or partisan views at all
FOR In the city election OF 1903 and on the
eth day of April of thai yea a demo
cratic council passed, and democratic
mayor approved resolution finding and
resolving that It was impracucable to usC
these voting machines at that election for
voting Tor the OFFICES or members OF Fire
and Police board because of the filing of q
number OF petition candidates for such
offices. and directed the city clerk to pre-
pare and use paper ballots at said election
for both regular party ana petition Cand
dates Tor those offices; but in the cast
OF Craig, ct al, against Butter, ct al, oul
district court held that the proposed actor
OF the city council and city clerk In thus
attempting to place a part of the ticket or
a paper ballot and part upon the voting
machine was illegal, and, both parties
10 that case then conceded that the use o.
the machine for the whole ticket was i'm
practicable. the court directed the use o.
the paper ballot for the whole ticket.
seems TO us you are bound now by tina
holding OF our d strict court 20 use tn
paper ballot for the whole ticket, for tn,
conditions confronting you now are pre-
cisely similar.
Moreover we are OF the opinion base,
upon recent court decisions OF the yer,
highest order, that our voting machin
law and the use of the particular votinl
machine furnished for our people are Il
conflict with and prohibited by the FOL
lowing provisions of our state constitution
towit: Section y. article l. IAN election
shan be free and there shall he no impedi
ment 90 the right of a qualified voter L
exercise the elective franchise" and sec
ton 6, article T. which provides, IAN vote
shah be by ballot"
Very truly yours,
(Signed) a. w. JEFFERIS,