Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-10-16
APPLICATION TO BE MADE TODAY
Petition All Ready to Go to Ian
caster District Court.
BASIS OF ACTION IS CLEAR
Wait Without Right to Act as He
Has in Matter.
RIGHT OF VOTERS IN DANGER
Candidates VIII Be Presented
as Republicans at Com
ing Election.

Application for writ of mandamus
will be filed in the district court of Ian
caster county this morning, praying that
Secretary of State Wait be commanded
to place the names Of the six Taft electors
on the ballot for the faT election in place
Of the bull moose electors who seek
places under the republican designation.
John l., Webster has just completed
the papers, They are signed by John l.
Webster, Norris Brown, A. W. Jeffeis,
Aaron Wall and Amos Thomas, attorneys
for the relators.
The six candidates for electors the re-
lators seek to have placed on the ballot
are: c. F.. Reavis, Falls City, First dis
trict; George d. Smith, Norfolk, Third
district; w. H. Fitzpatrick, Beatrice,
Fourth district; Q. A. Abbott, Grand Is
land, Fifth district; electors-at-large,
Daniel B. Jenckes, Chadron, and Vac
Buresh, Omaha
1t is aske dthat these be placed on the
ticket as republican electors in place Of
A. v. Pease, W. ]. Broatch, George s.
Flory, w. E. Thorne, A. R. Davis and
Allen Johnson, who 1T is alleged, have
forfeited their right to appear on the
ballot as republicans, by reason OF which
six vacancies exist.
Selected According to Law.
The SIX names sought to be put on the
ballot are those selected and nominated
by the republican state central COM
mittee. September "a, 1912. On october
o. the republican committee presented to
Secretary of State Wait an application
and certificate Of nomination Of the six
men the committee had chosen for the
places and asked that they be placed
!oh the ballot to fill the vacancies. Tails
the secretary of state refused to do.
The application for mandamus sets forth
that the progressive party has put in
nomination for electors A. " Pease, w.
j. Broatch, George S. Flory, w. e.
Thorne, A, r. Davis and Allen Johnson,
and has filed their names with the secre-
tary of state. 1t also represents that
Secretary of State Wait ruled that the
progresslves had right to nominate
these men on their ticket, and that he
would put them on the ballot. 1t is set
forth that these men accepted the nom.
ination of the progressives and expect
to be candidates on the progressive ticket
in opposition to the national republican
party Of the United States and of the
state of Nebraska. and that for this
reason, Wait is without authority to put
them on the ballot as Republicans" but
that he is legally and in duty bound to
cause to be put on the ballot the names
of the six electors nominated by the re
publican state central committee.
1t is sat out that under the constitu.
ton of the United States and constitu.
ton and laws of Nebraska, the electors
Of the state of Nebraska have a consti,
tutional right to nominate and to have
nominated and have put on the ballot the
| nahes of eight persons as republican
presidential electors; and they have the
constitutional right to exercise the priv
lege of voting for eight republican presl.
Dental electors under the name of re.
publican presidential electors of the state
of Nebraska and the republican voter,
OF the state have right to exercise tht
privilege of voting for eight republican
presidential electors, who shall be per.
sons who recognize their obligation tc
vote for the nominee OF the nationa
republican party for president and vice
president; and that any statute, rule law
or regulation which deprives the people
of their constitutional right to vote fol
such electors is unconstitutional, null and
void.
1t is also alleged that Secretary Of State
Wait Is without jurisdiction, power, OF
authority to refuse to put upon the bal.
lot the names of the six electors chosen
by the state committee as no objection
has ever been filed to the certificate OF
their nomination.
Affects Voting Machines.
1t Is shown that under section 125-r
chapter 26 of the Compiled Statutes OF
Nebraska, 1911, page 943, that in the use
Of voting machines the names of the
candidates for presidential electors need
not appear on the ballot labels, but in
lieu thereof one ballot In each party
column or row may contain only the
words, presidential electors" preceded
by the party name and the names of the
candidates for president and vice presi,
dent, and every vote registered for such
ballot shall operate as vote for ali
candidates Of such party for presidential
electors and be counted as such. Atten.
ton is then drawn to the fact that under
the provision Of this section of the law
the name of w. H. Taft may be put or
the ballot preceded ythe name ''repub-
lican party" and that the declared pur.
pose of the six electors nominated or
the republican ticket, to ovte for the
nominees of the progressive party ticket
for president and vice president would
be and is in violation Of the provision Of
Fthe statute laws, while to permit theil
names to appear on tn republican ticket
/ and be so ovted for as provided in the
statute quoted would result In the viola,
/ ton of and in the notification of the
said statutory provision of the election
law Of the state of Nebraska, and, there
fore would be unlawful and unconstitu
tional.