Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-10-26
HAVERLY BALKS ON ORDEI
County Clerk Refuses to Prepare
+ Machine MBallots.
COMMISSIONERS ORDER MOVE
Resolution from Three Members of
Board Would Force clerk to Use
Machine, and Latter Re-
fuses TO Comply.

Upon receipt Of the communication
from the Board of County Commission
ers ordering him to prepare IA voting
machine ballot for the coming elections,
County Clerk Haverly filed. yes tersday
evening an absolute refusal to comply
The clerk pointed out in a complete man
ner all the facts involved and explained
his position The clerk declared Il was
his determination to- give every candi-
date and every voter their entire rights
and therefore had no recourse than to
discard the machines from consideration
an prepare Instead the Australian ballot
The board issued its order upon Hav-
erly as the result of special meeting
in the afternoon at which Commission
ers Bruning, Bedford and Pickard were
the ruling faction, opposed to Commits
sioners Trouton and Grant. The minor
ity two voted against the resolution.
HaVerIy's Answer.
Clerk Haverly's reply was flied with
Henry Ostrom, clerk of the board Fol
lowing was it's text
4 Gentlemen: ON October 81 1sl0. [ was di~
Y rfeted by a resolution pa Ssed fby YOU TO
/ prepare all voting macniness4s6wned by
Douglas county for use at the November.
! election. and was directed by said resolu-
| tlph to use said machines at said election.
subsequent to the receipt Of that reso-
/ luton there were duly and regularly filed
! IN my office four candidates by petitions
1 Tor the office Of county attofhe8 and five
! candidates by petitions for the office of
| county commissioner. short term, in addl-
! ton TO the regular party nominees for
! said offices; and thereafter on the nine
] teenth day Of october, 1 transmitted a let
! ter to you advising you of these petition
| nominations, and that under the law, as
| | was advised, and as / myself understood
| the law relating to the use OF said ma
! chimes, II was and Is impossible to use
1 n as 10 las 11vr uFRH
place thereon these petition candidates and
| the regular party nominees.
am now in receipt Of your resolution OF
october %, ordering me to prepare two
ballot labels for each of said machines
IOt course this last resolution WAS entirely
unnecessary, Tor under the law il is, my
used to prepare and furnish ballot labels
therefor; but under your first resolution
as well as under the law, as | understand
h, IL Is also my duty to arrangeRor caris,
to be arranged, these ballot labela on Ties,
machines In proper way that Is to say
In legal and proper manner and plac,
thereon. This, already advised you.
cannot do, and therefore. ! am constrained
to now decline TO either prepare or plac,
these ballot labels for or upon said ma
Ny duty under the law without direction
from the board is plain to the effect tina
as county clerk should prepare the OF
ficial ballots or, IN a proper case ballo
labels, but when IL Is legally impossibl,
to prepare ballot labels and use them q
the voting machines now owned by tn
. county in conformity with law. then / a
a public official refuse TO do an .illega
act even though directed so 10 DO by you
D honorable board. and VIM proceed IN
legal manner and prepare and distribute
Tor use at the coming election the Aus
E trailian balots-a method which will ,affON
( | every candidate equal facilities and right
. ! upon the ballot and every voter a simpl
and plain method Of voting for his cholc
1 OF candidate.
= can fully and clearly comply with TIL
last method for preparing and distributn
ballots and will not thereby ieOpardize tn
r. rights OF any candidates and will affor
each voter and every candidate every RICH
> guaranteed them under the constitution
q and laws of this state-rights and privilege
q which ia my judgment would be denie
them By pursuing the course directed b
7 ! YOU.