Omaha daily bee., 1912-09-20
RULES CONVENTION IS LEGAL
Contention that Law Of 1905 is Re-
pealed is Rejected.
MR.. MORRIssEY WILL APPEAL
District Court Will Be Asked for a
Restraining Order.
FULL TEXT OF DECISION
Petnion Ia Declared Regular and
Sufficient ON Its Face and Evil
dence TO Contrary is Not
Conclusive,
(From a Staff Rorrespondent !,

4 LII
LINCOLN. Neb,, Sept. ls-(Speciai
Teiegram.)-Seer OF State Wait this
morning decided that the candidates
nominated By the "progressives' or bull
moose party are entitled to places on the
state ballot. The contention Of A. M.
Morrissey, democratic candidate for at.
torney general. that the primary law OF
1903 repealed the election act of 1906 was
held by the secretary of state to be
without merit, The affidavit that the
petition Is inadequate was also rejected.
Attorneys for Mr.. Morrisey announced
that they would ask the district court OF
Lancaster county for an order restrain
ing the secretary Of state from putting
the progressive ticket on the official bal
lot and will take the matter to the SUI
preme court on appeal.
Text of the Decision,
Following is the full text OF Mr.. Waits
decision.
In my opinion sections 5Sii and 5sO5 OF
Coobey's Statutes Of 1911 give ample
authority to electors to form a new polit-
ioal party and nominate candidates.
While not specific as to when new parties
may be formed, II does not prohibit their
organization and nomination OF candidates
In the interim between the primary cleo
ton and the general election II ii be
held that section SSH was repealed by the
enactment Of 5906, the latter section con-
tains the main and essential features OF
the form, and in my opinion is specific
euough to rely on to substantiate the
contention OF the filings of the progress
slve party. II provides as to the number
OF electors required, the manner in which
the names may be secured the form OF
certificates Of those promoting the or
ganization. etc.
In accepting the filings OF the pro-
sressive party ] carefully checked over
these resniEemsnlss 2f thar taw and found
that the filings of the progressive party,s
certificates complied with all OF the pro-
Visions as stipulated. and on these state
ments of fact | accepted ana filed same.
. Question OF vcracity.
AS TO the alleged irregularities In se-
curing the names OF electors to the sew
eral petitions as set forth In the objec-
ton and by the several affidavits. ii In
simply a question OF veracity between
men. On the one hand the petition AYERS
the signatures thereto are genuine. and
that elector whosa name is thereon
signed for. himself and the signature was
duly witnessed.
This is all the evidence required under
the law. The opinions to the contrary
were honestly expressed but not estao-
lished by assertion OF fact.
Il am not lawyer, but have conferred
with eminent counsel in regard to all
phases Of these filings Of the progressive
party. and from standpoint Of law and
equity | hereby overrule the objection as
filed by Mr. Morrissey. and unless re-
strained by court of competent juris-
diction shall certify to the county clerk
of the various counties of the state the
names of the nominees of the progress
sive party to be placed on the ballot and
voted on at the general election to be
held November s. 1872"
Hearing Held wednesday.
The hearing on the protest came up
Wednesday afternoon before Secretary OF
State Wait
The affidavit of Mr.. Morrissey set forth
that at the meeting for the formation Of
the progressive party there were not suf-
ficlent voters necessary to organize the
party according to law, which calls for
500 voters, but that the meeting was COM
posed mostly OF men OF other political be-
liefs and OF women ana children. That at
the close Of the address by Governor
Johnson most OF the crowd left, and that
when the party was organized not over
25o voters were present.
Case 90 District Court.
Attorneys Morning and Ledwith coun-
sci for Mr.. Morrissey. took exception to
the ruling Of the secretary of state and
will appeal TO the district court Of
Lancaster county. They will also get out
IN injunction restraining the secretary Of