Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-11-03
TO BLOCK ELECTION
THEFT BY THE DEMOS
Republicans Ask Judges and
Clerks Be Instructed Accord
ing to the Law.
MooRHEAD ALTERS RULING

whether OF not tne democrats VIII
be permitted to put across their
scheme for stealing the votes of sew
eral thousand illiterates, cripples and
Others who have to be assisted in pre4
pairing their ballots is to be decided
by Judge Leslie of the district court
when he acts upon the petition filed
yesterday by George R. Young, re-
publican candidate for the state legis-
lature from the Tenth district, who
brought the action on behalf of him
self for the "use and benefit of other
duly registered electors and nomin-
ated candidates"
Mr.. Moorhead, Stanley P. Bostwick,
election judge; DR.. Charles Shook,
clerk, are named as defendants.
The petition seeks to enjoin Harley
G. Moorhead, election commissioner
from giving out instructions to the
election judges and clerks providing
that voters requiring assistance and
desiring to vote straight ticket shall
state so to the judges and clerks, the
latter to mark the ballot by placing in
the party circle the X provided by
law.
The election commission law specif-
ically provides, and has heretofore
been so construed by Mr.. Moorhead,
that the ballot of an assisted voter
can be marked by an election officer
only for the candidates whom the
voter can name by word of mouth"
No Such Authority.
The instructions given out by the
election commissioner, both, orally
and by written cards, are to the effect
that should any voter ask for assist
ance in marking his ballot or voting
the same, and shall state that he de-
sires to vote a straight ticket, the
judges and clerks will mark the ballot
by placing in the party circle the X
provided by law. These instructions
are not in accord with those given by
Mr.. Moorhead previously.
The plaintiff alleges that Mr.. Moor
head has no power or authority to
give out such instructions other than
those provided by statute of Nebraska
known as Schedule BA Instructions
to Voters"
The law provides that if any voter
states to the election judges that he
cannot read or write, or that because
Of blindness or other physical dis
ability he is unable to mark his bal
lot, one judge from each party shall
assist in the operation.
Instructions Wrong.
Mr.. Morehead's instructions to the
effect that in case such voters de-
sire to vote straight ticket, the
judges and clerks will mark the bal
lot for him, are in violation of article
XVIII, section 3o4 of the revised
statutes of Nebraska, which says that
amy voter receiving assistance in vot-
ing shall declare by word of mouth
to the officials empowered by law to
assist him, the name of the candi-
dates and the measures for which he
wishes to vote and the officials shall
mark his ballot only as he so re-
quires."
--,.-.... Plan Vote Grab.
1t is a significant fact that in the
official registration figures given out
by Mr.. Moorhead couple of days
ago, the new registrations of the two
major parties total about 1880, the
democratic portion beng estimated at
1000.
Also, there are in the neighborhood
of 5000 voters in Douglas county-the
greater number, of course, being in
Omaha-who cannot read their bal
lots. These must be assisted in some
way by the election officials.
1t is because of the democrats plans
to boldly grab the illliterate vote by
having all of them cast their ballots
for the straight democratic ticket that
this legal action has been taken.
John P. Breen and Byron G. Bur-
bank are the attorneys for the plain
tiff.
The only statement that Mr.. Moor
head would make was that "he had
given out the same instructions for
the election in 1914 and that they
were not contested at that time"
The hearing will come up before