Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-10-23
Court Will Settle Matter Immedi-
stely This Morning.
FLANsBURG GETS RATIFIED
Judges Muddle Bull Moose Attorney
by Their Questions.
M0RRISSEY LOSES HIS CASE
Supreme Court Denies Mandamas 20
Keep Bull Moose Candidates OFF
state Ticket Entirely at
Democrats Request.
tFrom a tsaff Correspondent

FROM tSaII correspondent
LINCOLN, Neb. Oct. 22-(Special Tel
egram. )-Three hours were taken by at
torneys In the Taft mandamus case this
afternoon in presenting the case before
the supreme court. the case lasting until
o'clock Most of the time for the Taft
committee was taken up by General
Webster, while c, c., Flansburg for the
bull moose COMMITTEES occupied the
greater of the hour and a half for that
side Mr.. Flansburg was up in the air
most OF the last half hour on questions
put to him by the different members pr
the court In their efforts to get at the
facts in the short time allowed. At times
the crowd was oonvulsed with laughter
at the attempts of the attorney to
answer the qeustions he al one time
quoting section Of the statute explain
Ing to the court that 1t was as plain as
day. but when one of the judges asked
him a minute later to explain that por-
ton where 1t said that the national COM
mlttee of the party shall determine which
faction fthe party has a right to the
designation republican" the attorney
caused laugh by saying that he would
have to admit that the section was
badly muddled up.
A decision on the case will be given
Wednesday morning at 9 o'clock.
The case came up for hearing in the
supreme court this afternoon. Deputy
Attorney General Ayers appeared for Sec
retary of State Wait and c. c. Flansberg
represented the bull moose electors. John
Lee Webster. w. A. Jeffers and Senator
Norris Brown appeared for the Taft cleo
tors
The supreme court room was crowded
with those interested in the case. among
them being A. C. Epperson, chairman Of
the bull moose republican committee; r..
4 p. fcorrick, chairman of thu, bull moose
committee; r. b. Howell, national com
mitteeman Captain C. A. Adams Of SUI
perior, #. M. Currie, chairman Of the reg
ular republican committee. General ]. II.
Culver, vice chairman of the same COM
mittee, and J. e. Green, president of the
Taft club of Lincoln. ...-
| About the same line of argument was
/ SINeh Wy lhp ahtSAHoyo as was hihuN ="
district court. and II was noted that the
judges at times interrupted the attorneys
by asking questions.
Morrissey Loses His Case.
The new bull moose party has a right to
existence and place upon the official
ballot, according to ruling handed down
this morning by the supreme court after
hearing the case last night. The court
gives no opinion on the matter. simply
giving out the decision so that the score
tary of state may arrange the ballot in
time to certify TO the county clerks to-
day, which is the last day allowed by
law.
The case was one in which Andrew NJ.
Morrissey, democratic candidate FOR the
office of attorney general, appealed to
the district court Of Lancaster county for
a writ of mandamus to restrain the sec
retary of state from placing upon the
official ballot the nominees OF the new
progressive party. setting out in his claim
that the party had no right by law to a
party designation on the ballot. The case
was tried in the district court before
Judge Cosgrave who held that the pro-
gressive party had right to place on
the ballot Mr.. Morrissey then appealed
the case to the supreme court, it being
advanced for a hearing yesterday on the
request of the attorney general in order
that decision might be had in time TO
arrange the ballot.
In Line with Electors Case.
Another case which was handed down
this morning. and one which in the minds
of many Is nearly identical with the cass
Of the Taft electors, is that In which
mandaunus was asked in the Lancaster
county district court by the democratic
county committee of Lancaster county
to compel the county clerk to declare va
can't the office OF county commissioner
on the democratic ticket and place on the
ticket the name of Duryea instead of
johnson. johnson is the regularly NOM
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