Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-05-09
Nebraska
WOMAN'S RIGHT TO OFFICE
Case Of Alma City Treasuryship Up to
Supreme Court.
CORNER TREASURER HOLDS FUNDS
Robert w. Porter Takes Appeal from
Writs of Mandamus ORDERING
HIM to Turn Cash over to
Jean Mckee.
tFrom a Staff Correspondent


ton as to whether or not a wonan can
mol dthe office Of city treasurer has been
PUT up to the state supreme court by ex-
City Treasurer Robert Porter Of Alma. A
decision was once given by that body in
the case Of Gertrude Jordan of Cherry
county but the case which comes from
Harlan county. Mr.. Porter contends. that
Jean Mckee. the woman who was elected
10 mat place was not an elector. therefore
claims she IL not eligible to the office un-
DER the constitution and the statutes.
The woman IN the case contends that
she Is resident taxpayer Of Alma. meet
ing the Porter claim that she is not an
elector. The question, however. before
the court and the one which must be set
1led before the main issue can be disposed
OF Is whether or not the woman is an
elector. Unless she is, in the meaning of
the statutes, II viii be impossible for her
TO retain her hold on the office. Tho
woman was granted a writ Of mandanus
from District Judge Harry DUNCAN of
Hastings which compelled Porter to turn
over to her more than 1920 OF the city
funds OF Alma in addition to the records
and office furniture.
Jean Mckee, the relator in the case. was
the only candidate for city treasurer
whose name was printed on the ballot at
the city election, April 4. She was elected,
gave bond, and demanded possession of
the office. Mr.. Roberts contended that she
was ineligible to the office and refused to
give possession. The parties TO the suit
instituted quo warranto proceedings in the
district court to test the eligibility Of the
Gelator an dthis suit is still pending in that
court In the meantime, Jean obtained
possession Of one OF the record books of
I the city treasurer5s office. Mr.. Porter
says she got It through her attorney, r.
IL. keestsr, who was then mayor. In the
meantime Mr.. Porter was served with no
tics from citizens not to give up the office
on pain OF being held responsible on his
bond IL he disposed OF the office contrary
70 law, This notice came from John Ever
son. for himself and qualified electors OF
the city. Mr.. Everson now appears In the
unandamus suit as attorney for Mr.. Por-
ter. The latter contended when the man.
damus suit was tried in the district court
that the relator had not alleged that she
was an elector and as she is a woman she
cannot be an elector and therefore is not
qualified to hold the office OF city treas
oreri that his term of office would not
expire until the first Tuesday in May and
that the complaint against him for the
issuance of a writ OF mandamus and all
things relating thereto occurred before the
expiration OF his term
In the case OF Gertrude Jordan from
Cherry county the suprme court held that
woman may be eligible to the office of
county treasurer. The opinion of the court
was written by Judge Rose. Judge Let
ton concurred In the conclusion, but not IN
the reasoning. Judge F6wcett dissented
and said he could not agree in either the
reasoning or the conclusion and asserted
that neither under the constitution or the
statutes are women given the right TO vote
or hold office and under the opinion of the
court there Is nothing to prevent a woman
from being elected judge { the supreme
court or governor OF tho state.
Crete ana Beatrice Complain.
A complaint alleging discrimination of
coal rates In favor Of Crete and Beatrice
against WILDER has been filed with the
state Railway commission by State Sem
stor Frank Bartos and his brother who are
attorneys at the Saline county seat. While
IN the Legislature during the last session
Senator Bartos was vigorous in his
Pronunciation of the railway commission
and declared several times upon the floor
of the senate that he could not get iustice
FRO mthat body.
On the application of the complainant
che railway commission has indefinitely
continued the plant of the Albion Alfalfa
e Milling company of Albion against the
Union Pacific on account of rates on
alfalfa and its products from Albion to
other points I'm the state. The case was to
have been heard May IL The complainant
has filed an amended complaint and Is
not prepared 20 try the casa
Commissioner Wlnnett will go to Grand
asland. May IS. to hear the complaint of
n. W. Ralston of Lexington, who alleges
that the Union Pacific railroad does not
furnish proper facilities for caretakers of
stock at the stock yards. one and one-half
miles east of Grand Island. that the yards
are poorly lighted and the caretakers are
subjected 70 danger. The commission once
Investigated this charge and dismissed the
complaint as unfounded.
NJ. B. Harrington has dismisso his COM
plant against the Northwestern roas. He
complained because trains and between
Norfolk and Long Pine were discontinued
by an order of the commission issued Feb
ruary % The trains were reinstated May
by order OF the commission and the COM
plant has been withdrawn
Hall Appeals Bridge suit.
Joel HUI or Minden has appealed to the
state supreme court from a judgment OF
the district court enjoinins him from prose-
outing an appeal from the decision OF the
county board in the matter OF the payment
OF nearly 5000 costs In a county bridge
suit For the cost OF a bridge across the
Platte river between Kearney and Buffalo
counties each was levied half Buffalo
county paid its share. but later when the
kearney county board was about 70 levy
q tax and issue warrant to meet what
the supreme court had declared TO be its
OBLIGATION. Hull interviewed and appealed
from the decision OF the county board. j.
n. Easterling OF Buffalo county then en-
Joined Hull from prosecuting the APPEAL
through Judge DUNCAN and tits from this
that the Kearney county man now appeals
Gardner Appointed Superintendent.
w. H. Gardner. formerly city superin-
tsndent Of schools at Pawnee City, Teeum-
sch. Nebraska City. University Place, Au-
burn and Fremont. was selected this after
noon as county superintendent of Lam
caster county, taking the place OF o. H.