Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-05-05
LESLIE DENIES
MANDAMUS WRIT
FOR The UNION
District Judge Refuses to Order City
Council to Name New Elec.
ton Board.
HOLDS DAHLMAN IS RIGHT
Fact that He is Candidate Does Not
Disqualify Him.
OMAHA NOW HAS NO BOARD
Only List Out is that Of Mayor,
Turned Down by Council
SPECIAL COUNCIL MEETING
Mayor Issues Call to Fix Up New
Board Monday.
TROUBLE IS ANTICIPATED
Lawyers Predict in Arguments that
"Riots" May De Expected at the
| Polls Unless boards Are
Mayor Issues Call to Fix Up New
Board Monday.
TROUBLE is ANTICIPATED
Lawyers Predict In Arguments that
"Riots" May he Expected at the
Polls Unless boards Are
Named In Advance.

Judge Charles Leslie OF the district
court yesterday afternoon denied the re-
quest Of the Citizens union that he issue
writ Of mandamus to compel the cityi
council to name judges and clerks Of
election.
This action on the part of the Judge
leaves the city OF Omaha without an
election board, as the city council re-
jected the list OF names submitted by
Mayor Dahlman. at an adjourned meet
ing held Wednesday afternoon.
AS the next move to get an election
board Mayor pahlman has issued a call
for special meeting of the city council
for Monday morning at 10 o'clock at
which time an effort will be made TO get
together on some plan for naming judges
and clerks for Tuesday.
The call follows:
Dahiman Issues Call.
A special meeting OF the city council
for Monday. May 8, at 10 o'clock a m,
IN the council chamber In the city hall
for the purpose of rtcuusldering the
vote and action OF the city council re-
jectlng the appointments made by the
mayor OF judges and clerks OF the cleo
ton TO be held In said city Of Omaha
on Tuesday, May I. 1919. and for the pur-
pose OF taking such action by the city
council a. may be proper and necessary
TO give consent By the city council as
contemplated and provided by law TO the
appointments OF the mayor OF the judges
aud clerks of said election.
This call is made and issued for the pur-
pose of having the law relating TO the
appointment OF Judges and clerks CT cleo
tion complied with by the council and 10
avoid delays and conflicts at the opening
Of the polls OF said election and to enable
the legal electors Of Omaha to have the
full time to vote at said election as pro-
vided by law, II having been expressly
decided by the district court that the
mayor has the legal right to make the
appointments OF judges and clerks at
said election.
This call ia made and issued this 9Th
day OF May. 1912.
JAMES c. DAHLMAN. Mayor.
Mayor should Appoint.
Judge Leslie gave no lengthy opinion.
He simply said that In his opinion.
formed after hearing the arguments Of
the mayor Is the only person fIly au-
thoriEed to submit lists Of judges and
clerks OF election for approval Of the
council, He declared that the fact that
the mayor is a candidate for office at
the impending election does not dsqualify
him and does not constitute disability.
Il do not think It was the thought Of
the legislature when It passed this law"
said Judge Leslie. that the mayor or
any other official should be disqualified
simply for the reason that he was
candidate for office"
Berka May Act.
Judge Leslie took notice Of the fact
that the present suit was one for a COM
mand to Councilman Berka to take action
and that so far as the courts action was
concerned the president Of the council
still might act. because he was not or
dered not to act.
Judge Leslie after taking such notice
Indicated that Berka cannot appoint. even
II he chooses to do so. He said:
AT this time II lis not necessary to 60
into the question Of whether or not. In
the absence Of an injunction. the president
OF the city council may make list OF
judges and clerks. The time in which
such list might be prepared has expired
and under the law no list can be made
by any person at this time. The list un-
der the statute must be made and sub
mltted at the last council meeting be-
fore the election and no list made and