Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Nebraska independent. (Lincoln, Nebraska) 1896-1902 | View Entire Issue (March 20, 1902)
March 20, 1902 THE NEBRASKA INDEPENDENT. i A. - s LINCOLN'S gressive STORE Our Eleventh Semi-Annual Catalogue i3 now on the press and will be ready for distribution April 1st. Indepen dent readers who desire to buy their Dry goods and Crockery at Chicago prices should send us their name at once when a catalogue will be sent to them. . ' ' . We prepay express charges. The New Summer Wash Fabrics An unrivalled exhibition of every fabric known to the Wash Goods world every price from 5c to $2.50 per yard. 5,000 pieces on display and no two alike. Fashion announces that the delicate the sheer fabrics, will predominate this season, and as our line will never be as complete as now we urge fastidious buyers to make early selections. To give you some idea of the immensity of our stock we mention a few of the style cloths we carry: ' ' Point Suisse, Mouseline Foulard, Edinborough Zephyr, Parkhill Zephyr, Graze de Soie, Anita Batiste, Aega Lace, Lace Gingham, Roye Tambour, Myosotis, Alva Batiste, Harris Home spun, Toile du Nord, Fine Chambray, Egyptian Tissue, Luxell Lace, Woven Silk, Windsor Poppilion, Faulasee Tis sue, Linen Mousellaine, Pois de Soie, Silk Mull, Chambray Madras, Swiss Dots, Organdie Gascow, St. Andrew's Zephyr, Dentille Roye, Gipsy Batiste, Erin Dimity, Swiss Silk, Imp Swiss, Mutys, Chiffons, Plain . Organdies, Fancy Organdies, India Dimity, Gren adine Hipp, Tobasque dei -Linde, Silk Gingham, Silk Madras, Silk Novelties, Fantaise Suisse, Swiss Muslin, Pine apple Lawn, Honiton Novelties, Ara bian Lace Mull, Pineapple Tissue, St Gall Novelties, Blenheim Zephyr, St. Ives Madras, Auckland Tissue, Silk and Linen Tissue,-Arras Lend, Printed Mouseline de Soie, Printed Pdie de Soie, Grass Linen, Royal Tissue, Zephyr Gingham, Etc., Etc., Etc. SEND FOR SAMPLES FitzGerakT Lincoln, Nebraska. AUSTRALIAN BALLOT A Dltcassinn of Principles Involved and Comments on the Kansas Law Because of certain misunderstand ings regarding the Kansas election law. I feel inclined to touch some what upon the technical Bide of the question, even at the risk of being prosy and, perhaps, dull. Every reas oning man knows that the republican legislature enacted the law not for the purpose of preventing any abuse of the elective franchise but solely to prevent two or more parties from co operating in the nomination of a un ion ticket and at the same time each preserving its party identity. Perhaps it may be said that any party in power will naturally enact such laws as will materially aid that party in retaining control; but how far may a party go without violating the un derlying principles? The Australian ballot (a general term which includes some forms not "Australian") is comparatively a new thing in American elections. Up to October, 1889, only eleven of the United States had adopted some form of it. These states were Kentucky, Masachusetts, Indian, fthoae' Island, Montana. Tennessee, Minnesota, Mis souri, Wisconsin, Connecticut, and Michigan. Since that year nearly every other state has adopted some foTm of the Australian ballot. It is not my purpose to go into the history of this form of ballot in other countries, or even in the United States, except where necessary to make clearer some point in the law under consideration. Seekers after informa tion along this line would do well to read John H. WIgmore's "Australian Ballot System" and the works and cases therein cited; also files of The Nation for 1889, and American Law Review, same year. It seems hardly necessary to discuss at length the arguments which led to a change from the old systems of con ducting elections to the Australian ballot. Everybody understands why the change was made. Yet to some ex tent the new system has grown suffi ciently old for some of its fundamental principles to be forgotten, or at least disregarded. In matter of detail, both in form of ballot and in manner of voting, the Australian systems vary greatly, I hardly two states having adopted like methods. Yet the underlying princi ples are the same everywhere, the chief one being to make the ballot what its name implies a secret vote as distinguished from a viva voce vote. A routrht classification, however, will place all these laws in two groups. In one all the candidates for a particular office are grouped under one head with names of candidates arranged (a) al phabetically according to initial of candidates surnames (as in Massa chusetts and Nebraska laws first en acted) or (b) according to voting strength of the respective parties at the preceding election (as In present Nebraska law.) This is the Australian SWEET PRUNE PLUM. In September, 1901, Mr. E. D. Ham mond, proprietor of the Norfolk Nur sery, picked three -bushels of plums from a single sweet prune plum tree in his orchard. The tree was but five years old. ; It began bearing when two years old. This is the only kind of prune plum that has been, a success in Nebraska. , It has endured the drouth of '93 and '94 and the hard winter of 'S9. It is a grand- success for northwestern Nebraska. Those desiring FRUIT TREES or SEED POTATOES should -write for full particulars arid free catalogue to E. D. Hammond, proprietor Norfolk JVToH, ballot proper. The other provides for grouping all the candidates of one party under one head in a separate column with the columns placed side by side, usually according the strong est party first place, or the left hand side (as in the Nebraska law of 1897 and in the Kansas laws of 1897. and 1901). This is known as the "blank et" or Belgian ballot. in either form there may or may not be a provision for voting a straight party ticket with one mark. The Ne bi-aska law of 1891 had . the alphabet! cal arrangement of candidates' names and no provision for party voting; but the gold emocrats' scheme of nomi rating Adams, Allison, Bibb, Brown and Bites, in order to profit by mis takes by having first place, suggested a change. The Nebraska legislature of 1897 adopted the Belgian ballot with party emblems and circles for straight party voting. The same year Kansas also adopted the blanket ballot but made no provision for emblems or straight voting. Both these legisla tures were populist" bodies. In 1899 the Nebraska legislature went back to the original form, with party strength arangement of candi dates' names and a provision for group voting in the case of presidential elec tors but leaving out the party circle straight vote. In 1901 the law was again amended by adding party cir cles at top of ballot for straight vot ing and a circle for group voting wherever more than one officer was to be elected in a group, as in case of several representatives from one,, dis trict. V ' la Kansas the legislature of 1901 amended he law of 1897 by providing for emblems and straight party vot ing, retaining the blanket form. The frequent changes of form and arrange ment in Nebraska have had the effect of disfranchising a good many voters, who had barely time to learn how to vote one ballot until a different one was forced upon them. . In Kansas the changes in form and arrangement have caused little difficulty, but the provis ions in the law of 1901 regarding nomi nations are so outrageous, in the light of actual conditions there, as to de serve the condemnation of every fair- minded American citizen. Mr. Wigmore, writing to the Ameri can Law Review. October. 1889. on Ballot Reform; Its Constitutionality," says: "Nominations for public office may be considered in two aspects. First, it involves the right of every eligible person to be voted for by any elector who desires to do so; secondly, it involves the right of each elector to exercise choice among all who are eligible. The two rights may be pro tected by the same legislation, but it is Important to remember that there Is Involved not merely the right of an individual to be a candidate, but the right of every other -person to select him for the office; practically the feas ibility of Independent -political move ments depends upon the second right." Without wearying the reader with long quotations from the law (which may be had in full in Laws of Kansas, 1901, chapter 177, beginning -at page 311) it may be stated that the repub lican amendments of 1901 provide that (a) Party nominations can only be made by convention of ONE political party, "having a national or 'state or ganization, (b) That a party name shall consist of not more than two words, one of which shall be "party;" and that no compound or hyphenated word shall be used, (c) That "no per son shall accept more than one nomi nation for the same office." , Other provision's of lesser Importance, In tended to. make effective these three provisions, need not be' noticed par ticularly here, c Now; the largest three political par ties in Kansas are the republican, the people's, and the democratic, with vot- tthAfVFrfor'-TioTriPf1 I Vvmrhf tn win T.j harmonious co-operation between the people's and the democratic par ties, the two have an undoubted ma jority in the "state under normal con ditions. And they have co-operated each year since 1894 by agreeing upon an equitable division of the offices, each furnishing part of the candidates and nominating the entire ticket, which went upon the official ballot under both party heads. This prac tice has received the erroneous name of "fusion" it is really co-operation but, like the term "trusts," it has doubtless come to stay. Whenever the term fusion is used, co-operation is really meant. The Kansas law of 1901 was enacted by an overwhelmingly republican leg islature for no other purpose than to prevent fusion and thus, by dividing majority into factions, win all elec tions with a minority vote. "But," says the person unacquainted with Kansas people, "couldn't these factions unite as one party,?" The student of Kansas history v knows they cannot. The history of the early settlement of Kansas furnishes the key to the situ ation. A majority of Kansas popu lists came from the republican party they will not adopt the name "democrat." And the democrats are equally tenacious in retaining their party name. Next to religious preju dice, there is probably no other that is as strong as party prejudice. And whether it ought to or not does not matter it is an undoubted fact that a name cuts considerable figure. It may seem foolish to haggle over a name when the party platforms and principles are so nearly alike as they are in Kansas, but one must take con ditions and people as . they are not as he imagines they ought to be. On this head I. quote from Prof. C. Vin cent in Central Farmer: "The cold truth is that owing to in herent prejudice and breeding for forty or ; fifty years, any party movement, with any platform, bearing the name 'democrat' is foreordained to sure and overwhelming defeat. That party in half a century has never- gained - but one victory in Kansas and that was a political accident. It has helped , the populists in. some cases, and together the forces have won some victories) but, alone, the democrats never gained but one election in Kansas." I think it will not be contended that the Kansas law i3 a fair expres sion of the spirit of the Australian ballot. Wm. M. Ivins in "Electoral Reform," summing up the evils of the old system and urging the Australian ballot as a remedy, says: "It will enable any body of citizens of the number prescribed by law to have the name of their candidates printed on the same ballot with the names of all other candidates for the same office, so that before the law and before the voters all candidate and all party or ganizations will stand on a perfectly even footing. But it remained for re publicans to "evilize" the remedy. This they have done in Iowa, South Da kota and Kansas. They wanted to do it in Nebraska but lacked the nerve. Section 6 of the Kansas disfran chisement act provides that "when. no nomination has been made by a political party, or if a nomination has been made but. undr. the provisions of this act the name of the nominee can not be printed on the official ballot, the title of such office shall be printed in such party column, and underneath such title shall be printed -. the words, "No nomination." Does this place all party orgnizations on an even footing? Does the prohibition against any person accepting more than one nomination "enable any body of citi zens to have the name of their candi date printed on the ballot with the names of all other candidates?" Does this prohibition protect "not merely the right of an individual to be a can didate, but the right of every, other person to select him for. the office?" There can be but one answer. Where a person has received more than one nomination for the same office, he is permitted to choose but ojie, and shall be deemed to have declined all but that one, or the first one made if he fails to signify his choice. The constitution of Nebraska pro vides that "all elections shall be free, and there shall be no hindrance or Im pediment to the right of a qualified elector to exerefse the elective fran chise." (Sec. 22, bill of rights.) Hence, in Nebraska .a law like that of Kan sas would probably be held void. But the Kansas constitution contains no such provision, merely declaring that elections shall be by ballot. Although the law is undoubtedly repugnant to all principles of natural justice, yet it is doubtful if Kansas fusionists can reasonably hope to have it declared unconstitutional. The Kansas supreme court is republican 5 to 2, and the question being looked up, erroneously perhaps, as a partisan one, it is not difficult to guess what the decision will be if any test case be brought before that tribunal. And the court will have good precedent for sustaining it. It might cite 41 Mo., 171, where the Mis souri supreme court quotes approv ingly from Mr. Justice Iredell's lan guage in Calder v. Bull: If, on the other hand, the legisla ture of the Union, or the legislature of. any member of the Union, shall pass a law within the general scope of their constitutional power, the court cannot pronounce It void merely be cause It is, in their judgment, contrary to the principles of natural justice. The ideas of natural justice are regu lated by no fixed standard; the ablest! and purest men have differed on the I subject, and all that the court could properly say, in such an event, , would be that the legislature (possessed of an equal right of opinion) had passed an'act which, in the opinion of the judges, was inconsistent with the ab- striet principles of natural justice." Although there is little hope of hav ing the law declared unconstitutional, yet the populists and democrats of Kansas should not submit : meekly without testing it. Co-operation can be effected as formerly, a suit can be brought, and if decided in favor of the law let the republicans bear the burden cf deciding which one of the tickets cannot appear on the official ballot. Then a vigorous campaign can be made upon the disfranchisement Issue, for disfranchisement of a whole political party will then be an assured fact accomplished by a republican legislature, a republican court, and re publican state officers. The whole thing is so revolting to the American sense of fair play that thef fusionists A 3 s a as a d . i . a IC "Cood Luck.- "Piper Heidsiecfc. "Boo Trk MnMw Snun Bv1l t T M "Rxot." " H. Rice. Greenville" Tmnuut CmitirV and W-XTin.teVctre ili . bfrd TMark TickeV. o Tinsle,.. , o. Natural Leaf ' ' H I ' jjj rA6$ " 8UTTCH HMIf. HOaSMSt ttTAC. I i ,tuaa(9oc fokpius reACC CHAC, W i i i i 1 1 a'wa. mt.mr-m j. -r v i.l ay ,a - tr i i i nil Hu4 ICM-H . SaiMCM. It c i 3PUT&AMS0I 7SMMS QO. .h JO TAOS. 3 FOE 10 CENTS so ass. rQUrMM HM . iQO TAOS. HATCH OOttt TAGS AND FLORODORA'BANDS ARE OF EQUAL VALUE AND MAY BE ASSORTED. Our New Illustrated CATALOGUE OF PRESENTS FOR 1902 includes many articles not shown here. It contains the most attractive List of Presents erer offered for Tags, and will be sent by mail on receipt of postage two cents. Our offer of Presents for Tags will expire Nov. 30th, 1902. CONTINENTAL TOBACCO CO. Write your name and address plainly on outside of package containing: Tags, and forward Tags by . registered mail, or express prepaid. Be sure to have your package securely wrapped, so that Tags will not be lost in transit. Send Tags and requests for Presents (also requests for catalogues) to C. Hy. BROWN, 4241 Folsom Ave., '." St. Louis, Mo. fOO TAOS. I. H. Hatfield Attorney at Law KOTICE. To Abbie Willsie, Isaac Stwppacher, Edward Arnold and Fhilip Arnold as Steppacher Arnold & Company; Meyer Heldman, Na than Heldman and Jacob Heldman as Held man & Company, non-rasident defendants. You are each hereby notified that on March II Emily P. Dill as plaintiff began an action in theDistrict Court of Lancaster county, Ne braska, against you and other- defendants to quiet and confirm in the plaintiff the title to lots 18.and23,bIock 12;lots30and Sl.block 7; lots 31. 32. 33, and 34 in block & all in Belmont; lots 9, 11, and 12, in block 7, West Lincoln; lot 10, block Jl. South Lincoln ; Lot "G" in Seott's sub-division of the west half of lot 4, and all of lots 5 and 6 in block 14; Lot 3 in block 4; and lot "B" in sub-division of lots 1 and 2, in block 11, all in the city of Lincoln ; lot 5 in block 5, and the north half of lot 5 .block 1 in Daven port's Addition; lot 6 in block 1 in EaBt Park Addition; lot 1 in block W in Kinney's "O" Street Addition; a certain strip .of ground about 30 feet wide by 142 feet long, with a front age of 27 feet, and bounded on the north by lot 4. block 15, North Lincoln: lot 18 in block 2, and lot 6 in block 3, both in North Side Addi tion riot 4 in block 1 in South Park Addition; lot 7 in block 45 in Lincoln Heights ; the south west quarter of the southwest quarter of the southwest quarter of section 22. and also the south half of the south half of the northeast quarter of the southeast quarter of section 32 ; all in town 10, range 6, east of th 6th P.M.; lots 7, 8. and 9, block 17? and lots 9 and 10, in block 29, in Iraboff's Addition to University Place. All of the above described real estate is in Lancaster county, Nebraska. Also all of blocks 7, a 9, 10, and 11, in Binsel' &, Bailey's Addition o the city of Holdrege, in Phelps county, Nebraska. Plaintiff also prays for a decree adjudging that you have no interest in said real estate, that you be enjoined from in terfering therewith, and for equitable relief. You are required to answer plaintiff's petition on or before April 21, 1902. EMILY P. DILL, By I. H. Hatfield, her attorney. P. James Cosgrave Attorney at Law NOTICE. ' To James Milton Granger, non-resident defen ; dant. . ; - .':.' .- - ... . ; You are hereby notified that on the 11th day of March, 1902, Martha Granger filed a petition against you in the District Court of Lancaster County, State of Nebraska, the object and prayer of which are to obtain a divorce from you on the ground that you have willfully aban doned the plaintiff, without good cause, for the term of two years last past, and also as a fur ther ground alleging non-support. You are re quired to answer said petition on or before Monday, the 21st day of April. 1902. MARTHA GRANGER, ' .. Plaintiff,' : By P. James Cosgrave, her attorney. Low Settlers Rates During March and April, 1902, the Northern Pacific will sell ONE WAY SECOND CLASS SETTLERS' tickets from eastern terminal points St. Paul, Minneapolis, Ashland, Duluth, and the Superiors at greatly reduced rates to nearly all points on its main line, branches and connecting lines, west of North Dakota. These tickets to Northern Pacific points will be good for stopover. west of Hope,. Idaho. For further detailed Information about these rates call upon or write to G. D. Rogers, D. P. A.. N. P. R., Des Moines, la., or address Chas. S. Fee, Gen. Pas. & Tkt. Agent, Nor. Pac. Ry., St. Paul, Minn. ' . Some - of the important, valleys reached by the Northern Pacific are the Yellowstone, ; Gallatin, Madison, Deer Lodge, Bitter Root and Clark Fork in Montana, the . Palouse, Big Bend, Colville. Clearwater, Walla Wal la and Yakima in Idaho and Washing ton, the Puget Sound and Britsh Co lumbia regions and the Oregon coun try. It is a vast empire where climate soil and other advantages make of It a favored lan . " LOW RATES VIA, THE NORTH-WESTERN LINE MARCH AND APRIL ; cmfweyptaoinshrdluu To Portland, Tacoma,. Seattle, Vic- torfa VailnnnVAr San Prsnefsm. T.os Angeles, San Diego, and Intermediate Points, $25.00 ' To Spokane and Intermediate Points, $22.50. March 25, April 1 and 8, to certain points in Minnesota and North Da kota' at greatly reduced rates.. ' Homeseekers' Excursions March 4 and 18, April 1 and 15, May 6 and 20, to certain points in Nebraska, Wyom ing,". North and South Dakota, Min nesota, Wisconsin and Michigan. "The Best of Everything." For other information call on C. H. Dean, city ticket agent, 117 So. 10th St.; E. T. Moore, depot ticket agent, cor. 9th and Ssts.; R. W. McGinnis, general agent. Read this paper carefully and then hand it to a neighbor. Ask him to subscribe; or better send for a block of five "Liberty Building' Postals and get up a club of subscribers. There is no other way in which you can do so much to advance the cause of good government. , . -. .