Omaha daily bee., 1914-08-04
Nebraska
DENIS, NOT REPUBLICANS
Attorney Generals office Springs
Supreme Court Decision.
ANSWER WHEELER MANS QUERY
High Tribunal Held No Party Can
he Forced TO Present ne It's
Candidate Man who Does
Not Affiliate with IL.
(From a Staff Correspondents

LlNCOLNs Aug. S-(SpeCtal) AN opin-
ion of Deputy Attorney General Ayers on
the proposition whether republicans may
write in the name of democrat on the
primary ballot, which was put up to the
secretary of state and later turned over
to the attorney generals office, indicates
that the road to a primary nomination
may not be quite as easy as the secretary
of state had an opinion It might.
The question is one coming from County
Clerk Parkhurst of Wheeler county and
is explained in the following letter to Mr..
Psrkhurst from Mr.. Ayers:
Your letter of July 20, addressed TO
Addison Wait secretary of state, has
been referred to me for answer. You say
that there is only one candidate on the
republican ticket and one candidate on
the democratic ticket for the nomination
for county clerk at the primary election
TO be held August is, and that a number
Of republicans propose to write in the
name OF the democratic candidate on the
republican primary ballot and a number
OF democrats propose to write in the
name OF the republican candidate on the
democratic ballot. You inquire whether in
case one Of the candidates receives more
votes on the primary ballot of the other
party he thereby receives the nomination
of the party other than his own.
I'm answer to your question will say
that in comparatively recent case the
supreme court of this state held:
" Under our primary law no political
party can be compelled to present as It's
candidate at a general election one who
does not affiliate with the party so pre-
ndi 10 70 Fat AZ
Wells, 1888 N w. 16S.
I'm this case the name of republican
had been written in on a democratic pri-
mary ballot. There was no showing that
the republican had ever made state
ment that he affiliated with the demo-
cratic party. The democratic central COM
mittee wanted to fill the vacancy. The
county clerk took the position there was
no vacancy, but that the republican
whose name had been written in was the
candidate of the democratic party. The
district court held with the county clerk,
but the case was reversed by the supreme
court
Hence II would seem rather difficult
for either of the candidates mentioned in
your letter to get the nomination of the
other party. In fact 1t could not be done
unless the candidate who had received a
majority OF the votes of the other party
at the primary election should file a
statement that he affiliated with that
party"
Brown ON University Plans
c. L. Brown, candidate for representa-
tive in the sxty-sixth district, whose
residence is at EIwood. has written to the
university home campus extension COM
mittee in regard to their query as to his
attitude on University OF Nebraska af-
fairs. He says:
Answering your letter of July 10Th, per-
init me to inquire what will be the re-
suit, should measure SO4 Gemoval, and
also measure 306 home campus exten.
sion) each receive the required SS.OS8
votes7 l bake 1t from your letter that
this is only IS per cent OF the vote of
the state, and the two would be but 70
per cent of the entire vote.
AS the measures are to come before
the people for their decision at the bal
lot box, it is not certain that the legisla-
ture will have anything to do In the
matter
chosen as the nominee of the republican
party in the sixty sixth district Tor rep
resentative. and my constituency shall
preference for support, l will gladly and
openly and fearlessly without let or
hindrance, regardless of consequences po-
j believe in the right of an untram-
meled majority to rule, and should q
reasonable majority express at the polls
a preference in this matter not In accord
with my views, as their representative
| shall feel at perfect liberty to vote in
accord with their expressed choice
The University of Nebraska belongs to
the state, and in determining its future
usefulness, neither personal, civic nor po-
litical consideration should have any
greatest and most lasting benefit to the
state and the university should be con-
sidered in the decision regarding Its To-
cation.
The Australian ballot is given to US
that, as individuals, we may cast secret
ballot free from coercion or restralnt
either by party or person, and should
any one be so induistive as to ask you
how l shall vote on the measures at the
general election in November, kindly IN
form them that you do not know, etc.
Therefore, in all the circumstances II
is pertinent and proper for possible
legislators to inquire OF the university
home campus extension committee who
is furnishing the funds to finance the
campaign you are making for university
extension. Specifically, who Is paying
the bills2
Application Denied.
The state railway commission has de-
MED the application of the Nebraska Ice
Cream Manufacturers association for a.
reduced rate on ice cream containers for
the return trip. The commission decides
that the rates to ice cream shippers are
reasonable and that the present rate of
10 cents for return of 5-gallon and less
cans and Is cents for cans of larger
amount is right.
Operation Upon Martin.
After an illness OF over week 1t was
decided this morning that 1t would be
necessary to operate on Attorney General
Grant Martin and the operation was per-
formed today successfully. several gall
stones being removed and his appendix
also being taken away. Though the op-
Grafton was quite serious, he As getting
along as we'll as could be expected.