Omaha daily bee., 1911-04-07
Nebraska

II this bill is what its name indicates
and Is really intended to provide for a non
partisan judiciary why does II not place
the same limitations upon the corporations
that It does upon the political parties2 II
the political parties are prohibited from
naming and electing judges, would Il not
be fair 10 prohibit the breweries and other
special interesfs from contributing in a
pecuniary way to the election Of some Ia
vorite csndidate2
II this bin is really nonpartisan in sub
stance and in meaning, as well as in name
Il would-provide that any corporation that
contributed money or other influence or
became active on behalf OF a candidate
the representative of said corporations
should be deemed guilty OF felony and
be punished by Imprisonment in the peni
Tertiary and the corporation itself sub
jected to a heavy fine.
These facts and reasons are sufficient to
prove that this bill IL a misnomer and is
nonpartisan only in name.
Would Not Improve Judiciary.
Again / assert that the judiciary Of this
state will not be improved nor the in
| tegrity OF the courts maintained by taking
from political parties the right to nominate
judges and turning II over TO the breweries
and special interests. which profit by max.
/ MS VI uhllahAhb JNhifihl OAAACtIS. Ever
since the foundation Of our republic, judges
have been elected through political par,
ties. This system may have its faults and
II may be wrong but a method which
leaves the breweries free, as this bill does,
/ to make such nominations without re-
| straint Is infinitely worse. with the mod
| ern Independent political thought that now
prevails, especially in Nebraska, and with
/ the exacttons and high requirements that
| the people insist upon in their public sery-
ants, political parties recognize that it is
worse than foolish to place candidate in
nomination for district or supreme judge
unless he be a man OF sterling quality and
| in every way qualified for the place to
which he aspires. and to do anything short
Of this meets with overwhelming defeat
So 1t appears then that II there had been
some real abuse growing out OF jud kcs
being elected by partisan politics. It mas
been removed by the people themselves,
who now vote for the man and for what
he stands for and for what he lie capable
Of doing, and for what they believe he
will do. They ascertain all OF these things
! through the public press. public speeches
and the recommendations OF political par
ties that stand definitely for some specific
policies and principles OF government
Again, another objection to this bill is
that II shows an attempt TO muzzle the
press and free speech for the protection Of
Objectionable candidates. The bench. as
well as all other public stations, have
been purified through just criticism by the
press and unworthy candidates or men
holding public stations have been defeated
or made to quit public service by reason
of the exposure contained in just critic
ism. These safeguards. not only should
. I No hut ba IN ouyaxr ht-f he
legislature. because such a proposition is
contrary to the fundamental law OF our
state and Of our land. On grounds Of pub
lie policy. then, this bill should not re.
ceive executive approval.
As chief executive of this state I Yield
10 no man in my desire for an independent.
honest and fearless judiciary representing
all the people without regard to party in
terest or class; and all of this Is abso-
lutely essential to the preservation Of our
liberties. our property and our happiness.
But this measure. both in provision, spirit
and intent is antagonistic to these princi-
pies and desires.
Bill Not NOnpartisRn.
This bill. in its present form. not only
could not be nonpartisan but it would be
impossible to make II nonpartisan from
the source from which II emanRtes.
II was put through under the spur and
the whip OF the party lash.
II has been protected and championed
and partisan followers have been rallied
10 its support by that corporation appointed
boss. the chairman of the democratic state
central committee, and many a time. II left
, to their own Judgment and their own con.
science, democrats In the house would not
, have supported this. but for the Influence
and the cajolery OF the individual hereto
fore referred to, who, for thirty days al
least. was ably assisted by another dan.
r gerous and pernicious lobbyist on the floor
= of the house, in the person of one. Arthur
) Mullen, late attorney general Of the state
of Nebraska.
But there Is another viewpoint from
which TO consider this bill and that 1.
from its legal phase. II will be noticed
that in Session 2 OF Article III OF oul
constitution which provides as follows: IN,
law shall be amended unless the new &C
contains the section or sections so amended
and the section or sections so amended
. shall he repealed" Now, Il viii be noticed
that II you make a comparison OF thu
/, proposed law with existing statutes vol
will find that no specific mention Is mad,
q in the title. body or repeating clause o
h the act TO any other statute. The drec
, primary law, passed in 1907. is a compIet,
!, and comprehensive act for the nomination
OF candidates for all offices. This law wal
for the nomination Of candidates for all of
. ! fees This law WAS amended i'm 1909 an,
!, would IL not be difficult to say with an,
\ great amount OF precision Just how man
4 Of these provisions became effective wher
. the act Of 1907 still retains many OF IL
: original features? The act Of 1907 did no
repeal the statutes which gave the cleo
n torate OF the state the right TO nominat
n candidates by petition. At all times In tn
/ past, the legislature has provided metho
for nominating candidates 10 fill vacancle
% caused by the death. resignation or re
. moval from office. Senate File No. s2i IN
measure under consideration, ignores al
y Of these contingencies which the uncer
!. tainties Of life make not only possible. bu
= probable.
i Then again. It Is not at all certain. an
m In fact I think II is clear that under tn
a provisions Of this act a voter would b
70 prohibited from writing any other nam
n on the ballot than those already appear