Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-05-10
Nebraska

- ~NeSa4Ns a6NnStat " AciA AhitAA AfoN W
count their primary ballots. In the case
OF county commissioner In several in
stances the voter put the cross in the
square opposite the blank line intended
to write In q name not on the ballot.
Some counted the voter Intended to ovte
for the man whose name preceded the
blank line and the vote should be counted
for him. but the attorney general holds
there is nothing to clearly Indicate the
intent Of the ovter and that such ballots
should therefore not be counted at all.
so far as they relate to that office.
The Omaha city election and especially
the fate OF Mayor Dahlman was topic
Of general interest in Lincoln. Particu-
larry were the democrats interested and
they take the result to mean that Dahl
man is stfll a factor In democratic poll
tiles to be reckoned with. The admission
Is reluctant. however, for they believe
that their troubles would be materially
lessened. that Is the troubles OF the fac
ton which is dominant down this way.
II Mayor Jim had been shelved.
Fred NJ. Fitzgerald Of Hayes county
asks the supreme court to reverse the
verdict OF the district cocurt. which found
him guilty OF KIDNAPPING. Fitzgerald
eloped with 1s-year-old Alice Barrett The
girls father objected to his attentions
and as a result they ran away and were
married. but under the Nebraska law
he was convicted Of kidnapping and the
defendant thinks the court erred in ad-
hitting certain evidence and its instruc-
tons regarding what constituted the
crime OF kidnapping under the law, as he
contends the intent Of fraud and malice
was lacking. The case was argued and
submitted today. The court indicated II
leaned to the contention Of Fitzgerald,
for when Assistant Attorney General
Edgerton was arguing the law, Judge
Lection remarked that sometimes the at
torney general I'm cases Of this character
confessed error and relieved the court Of
the labor Of writing an opinion. Mr..
Edgerton confessed this might be true,
but his department did not feel like do
ing that in cases where a court and jury
had decided Otherwise and that they
thought II their duty to pass the matter
up to the appellate court.
r. L. Metcalfe In checking over his
political assets finds himself short one
nomination which he wanted and long
one which Is OF no use to him, though
he says he appreciates the good inten-
tons Of the men who gave II TO him.
J. H. Morehead won the democratic nomi-
nation for governor and Metcalfe that Of
the populists. the vote being SIS to ssi. As
he has no use for the nomination. which
might have been handy as sideline to
the big show he will send in his declina-
ton at the proper time ]. w. or PLAT
form" Kelley, as he is commonly known
has a similar experience to Metcalfe. He
won the populist nomination over A. t.
Gatewood, the successful democratic
nominee for secretary Of state. There are
several other vacancies on the populist
ticket other than these which will be
caused by designations and II is under
stood that no effort win be made to flll
them in fact those who have been active
In keeping the party alive up to the
present are understood to have decided
to let Il die and make no attempt to
get on the ticket next year In view OF
the failure to obtain enough votes at
the primary to entitie 1t to place. As 1t
Ia only q question Of year at most
they are disposed to let the obseauies
proceed this year