Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-08-05
Nebraska
CONVEYANCE LAW ATTACKED
Don Van Deusen of Blair Starts
Inquiry Into Its Meaning.
HAULING PERSONS TO THE POLLS
seeks Opinion of state Legal DEPART
ment as 20 Effect of Act Pro-
hibiting Use of Vehicles to
Draw Voters.
CFrom a staff correspondent.l

=. (From a Staff Correspondent
LINCOLN, Aug. Especial -Don c.
Van Deusen OF Blair, we'll known news
paper man and official OF the Progressive
Republican league of the state, has been
called to task by various Of his party
brethren in Washington county because a
private citizen OF his home town recently
ran an automobile bus ali day when Don
and others Of his cohorts were conducting
primary for the purpose Of electing dele
gates to a county convention, the conten-
ton being that this proceeding was in vio-
lation OF the Lee anti-conveyance law
passed at the last session Of the leglsla-
--sure
So thick and fast did the darts strike in
the Blair mans territory over incidents
connected with the holding OF that primary
that at last in desperation he ensconced
himself in his sanctum and ground out
the following letter TO Attorney General
Martin:
What is your opinion about the law
passed last winter prohibiting carrying of
voters to polls? Private citizen hauled
voters to polls in his auto all afternoon on
primary day and said he had a right to-
but a candidate or committee could not
rum or cause to be run, an auto, omnibus
etc. Is he hight in this or is the intent
stopped? 1t seems to me some word from
you In the state papers would nep solve
TINS question for good many people.
The head Of the states legal department
being absent from his office when the COM
munication was received, the two assistants
of the office George w. Ayres and Frank
e. Edgerton, attack the provisions of the
new enactment In an informal way. Mr..
Ayres said he believed the new law applied
only to candidates and political committees
and qaid IA ad
in such cases as that of the Blair primary
conducted for the purpose of selecting dele
gates to county convention.
Intent Must He Proved.
Further he was inclined to believe that a
candidate might run a conveyance to a
place near the polls and haul therein vote
ers. without necessarily bringing down the
law upon his head. The fact remains. said
Mr.. Ayres, that It must be proven that
the conveyance was run "for the purpose
Of conveying voters to the polls"
Nevertheless 1t Is conceded that the new
law may still fail to remedy the evil at
which it struck, namely, the habit of TAX
ing other disinterested voters to the polls.
GIN many cases private citizens, not candi-
ydates themselves or members Of the COM
imittees of any of the parties. become so
lpatriotic to their party that they want to
= add votes by conveying citizens to the
place of balloting. Whether these can be
gotten at through the medium of the new
law Is q question in the minds of the
states legal advisers, and unless 1t is
proved that the same is done at the insti-
cation of the aforesaid candidates or COM
mittees they believe such citizens cannot
be touched by the new statute.
The bill was introduced in a form far
different than that finally adopted by the
Legislature and approved by Governor Aid
rich. Its first draft mentioned persons
instead of specifying candidates or
members of committees and furthermore
stated that a candidate would be liable
for the breaking OF the law II such con-
veyances were run with his knowledge
or consent or by his political associates
without his CONSENT
The state senate, when this came up. in
committee of the whole. however. deemed
II too wide and took the stand that a
Candidates enemies might open up the way
TO invalldatlng his election by termins
themselves his associates and then run
ming openly conveyances to take voters to
the polls for the purpose of casting their
ballots for such candidate,
The bill as it was passed and placed upon
the statute book is as follows:
Section l. il shall be unlawful for any
candidate or committee to run or cause
TO. be run any conveyance for the, purpose
of conveying voters to the polls Pro.
vided that nothing in this section shall
be construed TO interfere with conveying
sick or disabled persons who are not able
Section 2 Any violation of this act shall
\. be deemed a mlsdemeanor and upon con-
4 yicton be punished by fine in the sum OF
|5O or Imprisonment in the county jail
not less than thirty days.