Omaha daily bee., 1911-10-25
Finds No Authority Exists for Party
to Act for Another.
COMMITTEE DOES NOT ACT
Statutes Nowhere Provide Where
One May Act for All.
CONVENTION OFFICER DEMOCRAT
cratic Ticket Mt Primaries, One
who Signs Certificate of
Nomination.
CFrom a staff Corrospondent1

FTum STAFF Corrospondent)
LINCOLN, oct. 24.-(Special. )-Secre-
tary Of state Wait has decided that the
name OF Dan V. stephens shall not so on
the popullst ticket as the candidate for
congress In the Third district at the COM
ing election. The action by the state
official follows "A protest filed by Colonel
G. A. Eberly. chairman of the repub-
lican district committee, in which the
Stanton man alleged that legally called
convention had never been held and that
therefore the certificate of nomination
filed by stephens for that party was
void. Notice Of the decision was made
public late today and was as follows:
In the matter of the certificate filed
in this department October IL, 1911, pur-
ported to be signed by members OF the
peoples independent party in convention
assembled at Norfolk, Neb., September
26. 1911, naming Dan V. stephens as the
candidate of said party for congress, In
and for the Third congressional district
of Nebraska, and on October IA there
being an objection filed against accept
ing said certificate, and complying with
its provisions and demands.
"a hearing was held on Saturday, Oc-
tober 21, at o'clock y. M, as requested
in said objections, at which hearing c.
A. Eberly, as plaintiff or objector, ap-
peared in his own behalf and S. S. sidner
on behalf of the defendant party.
After hearing the testimony and argu-
ments in the case as presented by wit
nesses and counsel and giving due con-
sideration to briefs which were later sub
Ynittad nv ronneal I 1apidad n
! tain the objections of Mr.. Eberly in the
main and therefore decline to certify the
! name of said Dan V. Stephens to the
county clerks of said Third congressional
district as the candidate of the people, s
independent party for the following
reasons
'First-That the democrattic party has
no authority to call convention of the
members of the peoples independent
party as implied in said certificate
"Second-That the call for said conven.
ton was not issued by, the state or con,
gressional committee OF, said peoples in.
dependent party at a regularly called
meeting Of said committee, but the chair
man of the state committee OF said party
on his own volltion, which action is not
supported by the statute.
| lllIu-odlu CtTNlIlCdle was signed DS
w. G. Woolley as chairman Of said con.
vention, who upon examination as a wit
ness testified that he voted a democratic
ticket at the primary election August IS
1911, and that he had not attended a popu
list convention or meeting in his county
for four or five years prior to the on,
that elected him a delegate to this con
| vention.
Evidence was also produced showing
that II. A. Thompson, who signed sait
certificate. as secretary of said conven
ton, had voted as democrat at the las
election, and whose name appeared on tn
poll book OF the precinct in Knox count!
where he voted as a democrat
'In view of these facts, and others no
expressed, am of the opinion that thi
purported peoples independent conven
tion and certificate emanating therefron
is a usurpation OF the functions of tn
peoples Independent party for the us
and benefit of a candidate of anothe
party who has no claims for its supper
by affiliation or advocacy of its prin
cipleE.
While in my judgment this opinion
will not change a single vote for o
against either candidate in the contes
| LOT cOnBIcbS III lHe 0lblilcts tnef
Is a principle involved In the issue whic
both the republican and democratic part
complied with in following the provision
of the law made and provided in sue
cases, while In this case IL has been onl
partially observed in calling the conven
tion and formulating and signing the re
qulred certificate for this department.
1T is OF general knowledge that tn
peoples independent party has no Ger
manent state organization based oI
county representation, but is kept aIiv
only by members Of other parties 10
convenience when needed for fusion pur
poses.
Personally, 1 have great admiration
= for the founders of the populist party
and to them must be given the credit 10
originating many OF the needed reform
. and wholesome laws that have been pu
in our statute books. but generally speak
= ing, the men that did things in the nam
e Of populism have aligned themselves wit
other parties, and are not Instruments
I'm attaching the party name as the ia
! to the kite Of other parties"