Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-11-04
MOORHEAD WINS
ELECTION SUIT
Leslie Decides Commissioner
May Instruct Judges in Ac-
cord with Demos Plan,
NEED NOT NAME FAvoRITEs


granted to enjoin Harley G. Moor
head, election commissioner, from in
structing judges and clerks so the
democrats would have leeway to vote
for straight" tickets all the illiterates
registered. in Greater Omaha, attor-
neys for Moorhead waxed eloquent
before Judge Leslie and dramatically
asked if the court proposed to ex-
clude these afflicted persons" q
.. Decides for Moorhead.
After hearing the nearly four hours
arguments of the attorneys for the
plaintiff and the defendant Judge Les
lie sustained the demurrer filed by Mr..
Moorhead, thus deciding in favor Of
the election commissioner.
The petition sought to enjoin Mr..
Moorhead from instructing election
judges and clerks to mark ballots Of
voters requiring assistance for a
straight ticket" without stating for
what candidates they wish to vote.
The provisions of the\election COM
mission law specifically provide, as
heretofore construed by Mr.. Moor
head, that the ballot of an assisted
voter can be marked only for the can
didates whom. the voter names by
word of mouth"
Byron G. Burbank and John P.
Breen appeared as attorneys for the
plaintiff.
Defendants were represented by
Frank Ransom and County Attorney
Magney.
Must Follow Law.
Mr.. Burbank argued that when
the state legislature made the cleo
ton laws it didn't give any individual
discretionary powers to interpret
these laws, the sole duty of the cleo
tion commissioner in the point in ques-
ton being to have printed and to
distribute the instructions as pro-
vided by the statutes. ctts
That the election commissioner was
not trying to make any addition on
these laws nor wished to do more
than explain them to the Judges,
clerks and voters was the contention
Of County Attorney Magney. He
declared that it was we'll within the
province of the election commissioner
to see to it that the clerks and judges
were given instructions in their duties,
One Of the county attorneys state
ments was to the effect that the state
legislature didn't intend that the
election commissioner should be only
a figurehead and not do more than
merely give out the, Instructions b
Attorney Ransom, opened his argu-.
lment by averring that just because,
the statutes do not specifically say.
that he (meaniilg the ,efectioa COM
nnssioner) must NOT do a certain
thing, 1t docs not necessarily follow
that hi must not do III e ,i,s
Would Lose Franchise. A
Thetntost laxative attorney for the.
defendants next giided into "high" in
rhetoric and made plea for Char
ity." He argued that he had never
heard OF law that didn't make every
consideration of charity, declaring
that If the election commissioner was
cnjoincd from sending out instruc-
tons so that the illiterates, etc, could
be voted the franchise of these poor
unfortunates would be taken away
Frequent references were made to the
blind deaf and dumb and the poor
cripples." Mt s.5
Election judges and clerks are sup
posed to do more than to sit there
as lunkheads," he told the court.
If the COURT enjoined the election
commissioner from sending out in
structions and the illiterates and their
clan had to cast their ballots only for
the candidates for whom they could
name by word of mouth" it would
place a heavier burden. on the Grip
Piles than on the stalwart democratic
voter"
Whenever the attorneys for the de-
PENDANTS mentioned anything about
voting a straight ticket it was some
thing about the straight republican
ticket" .
h Not Party Issue.
Mr.. Breen opened his argument by
asserting that ''he had never seen so
much concern about the republicans
and the poor unfortunates. However,
he pointed out, the case should not be
decided oh the issue of any party or
for any poor unfortunates."
He read the law relative to the du-
ties of the election commissioner and
then declared that the legislature, hav-
ing covered the matter of providing
for what the official Gin this case,
Harley G. Moorhead) could and could
not do, had not seen fit to give him
any discretionary power to take it |
upon himself to make additions to the
officials as provided by law.
At this juncture Mr. Moorhead
came into court and admitted the fact
that he intended sending out the in
structions to voters, but denied
that they were to be put in the form
of an addition to Schedule B., In
structions to Voters"
The fact that Nebraska has made
concessions to the illiterates, Grip
pies, blind, ETC., that are not en-
loyed by this class of voters in many
states was brought out by Mr.. Breen.
We have gone many states one bet