NOVEMBER 5, 1903.
THE NEBRASKA INDEPENDENT
3
...Australian Ballot...
IUtUw of Nebraska' Ex.
pirlttat with th Modarat
Ball.t.
During the preceding five weeks The
Independent has devoted more than
the usual amount of space to the dis
cussion of Nebraska politics. Now
that the state campaign has ended it
can return to its former policy of
giving more space to questions of na
tional importance. But at this time
it seems advisable to relate a little
history of the ups and downs of the
so-called Australian ballot in Nebras
ka, a matter of interest to those out
side as well as those inside the state.
The populist legislature of 1891 en
acted the first Australian ballot law.
It provided for alphabetical arrange
ment of the names of candidates under
each office heading, with the party
name to the right. Voting was d6ne
by maldng a cross in ink at the right
of the party name..
This law received a number of Ju
dicial interpretations which need not
here be recounted, but remained on
the statute books until repealed by
the populist-democratic legislature of
1897. The Belgian or "blanket" form
was then adopted, with separate col
umn for each party, with party em
blems, circles for straight voting, etc.
From a . populist standpoint, this
change was undesirable; but the dem
ocratic members from Omaha urged it
because, as they claimed, many of
their voters were not sufficiently edu
cated to vote the original form, which,
because of its alphabetical arrange
ment, was irregular in arrangement
as to political parties. For example,
Henry Adams,' the populist candidate
for governor, would head the group
under "Governor;" but Eric Adamson,
the republican candidate, would come
first under the head of "Lieutenant
Governor;" and an illiterate voter
could not be instructed to make his
cross after the first name, or the sec
ond name, in each group in order to
vote 'er straight . ,
The ballot of 1897 lasted two years.
Then the republican legislature of 1899
changed back to the original form, but
provided that the arrangement should
be uniform under each head, stating
that "The party polling the highest
number of votes at the last general
election for the head of the state ticket
shall have the right of is nominee im
mediately beneath the name of the
office lor which such candidate was
nominated;" and so on. It provided
also for group-voting in the case of
presidential electors.
The ballot of 1899 also lasted two
years. The republican legislature of
1901 amended it by adding party
names and party circles, to be placed
at tho top of the ballot, so that a
straight party ticket might be voted
by maVing a cross in he party circle.
The section of the law providing this
paid--
"At the top and left side of the
ballot shall be printed in black-
faced capital tvpe, not less than one
elehlh of an Inch hirh. the name of
each party having candidates on the
ballot; and -to the right of each
party name, a circle one-half" Inch
in diametpr. with leaders connecting
the partv name to the circle."
Notwithstanding the fact that this
provision is written in the singular
number, the 1901 amendment provided
a tentative form of ballot, known as
"Schedule A," in which the party
names and pirty circles were shown
in this manner:
Sample Ballot.
To Vote a f-'trnk-ht Ticket
nuike ti Cfi!i w tlhin
your parly circle
REPUBLICAN 0
DRJinCRATIC ) r
PEOPLE'S INDEPENDENT ) "" J
PRO! I mi HON O
O
SOCIALIST,
County clerU In making up the of
ficial ballot aro charged to conform
to thh schedule n nearly n may be.
Of course, the party nanus In thW
Fi'hMMle mkht jt'Ht n well have been
"Horizontal," "Perpendicular," "Tunx
ent," "Heverse Cure," etc., u.i what
they were, It win merely the furm of
ballot, and not the parly name or
other ronton!, which the legislature
tiremunftbly Intended to tdtow. As a
matter of reasonable probability, bow.
ever, there U little doubt that the
combining of two separate partliit mid
in nV I nit one circle d duty for huh,
wan done purpwcly to ratine ionfuon
find trouble for both populist and
democrat,
The ftxxoclale editor of The Inde
pendent was thalrman tt the populUt
ttate committee In VM and, feeling
ur that the nchedul tould not pre
vail over the plain wording of th3
section, brought an action In man
damus in the supreme court of Ne
braska against the county clerk of
Lancaster county to compel him . to
prepare the ballot substantially as
follows:
Sample Ballot.
To Vote a BtraJght Ticket
make a cross within
j our party circle
REPUBLICAN O
PEOPLE'S INDEPENDENT . .,, 0
DEMOCRATIC O
PROHIBITION ." O
SOCIALIST . .". O
The writ of mandamus was allowed
(See 02 Neb. 817), but was never act
ually Issued and served. The clerk
prepared tho ballots In proper form
that year ' and again in 1902 and
thereby hangs a tale.
Few republicans In Nebraska had
any hope of carrying the state in 1900,
or, at any rate, not until very late In
the campaign. When the republican
convention was held, all the shrewd
pie-eaters hung back, seeing a chanCe
to reward by a as it then seemed
forlorn hope nomination a number of
third and fourth rate political heelers
who were clamoring for recognition.
They got it; and thanks to Mark Han
"na's big check and the voters It helped
to get bacK from the ends of the earth,
they were elected.
Among the political accidents of
that year was one George W. Marsh,
who was elected secretary of state.
As such officer It Is his duty;) to certify
to county clerks the state arid congres
sional nominations filed with him. No
particular form is prescribed by stat
ute, and the rule has been to arrange
tho information in the form of a bal
lot. This saves the county clerk some
trouble, because all be needs to do is
to add below the legislative, judicial,
county and precinct nominations in
similar order and his "copy" is ready
for the printer. When the ballot suit
came up over the correct form of
printing party names and circles, Sec
retary Marsh was represented at the
trial by the deputy attorney general.
He was not a party to the suit, but by
courtesy was allowed to practically in
tervene and become one of the respon
dents. This the relators permitted
without objection because the. secre
tary of state claimed his object "was to
learn the law and follow It In his cer
tifications to the county clerks.
It will be remembered that in state
matters the populists and democrats
have nominated tho same candidates
since and including the year 1896,
holding, however, separate conven
tions and making separate certificates
of nomination tp the secretary of state.
Both the "People's Independent" par
ty and the "Democratic" party have
maintained separate organizations. In
some of the counties they do not nom
inate the same candidates for county
officers; and in very many of the pre
cincts only one of the parties puts up a
precinct ticket. Accordingly, a ballot
prepared in accordance with "Schedule
A" meant more or less loss for the fu
slonlsts, because a cross marked In
the hybrid circle would not count as a
vote for any candidate who had not
been nominated by both parties. Or,
if It be held that the party circle Is
single, then -the party would be the
"Democratic People's Independent"
and no candidate of either the plain
"People's Independent" or tho plain
"Democratic" could lawfully claim for
himself a straight vote cast for the
"Democratic People's Independent"
party.
So Secretary Marsh was Interested
In helping tho county clerk (a repub
lican) resist the mandamus suit,
which, however, went agalust them.
The opinion wna written by the then
chief Justice. Hon. T. I Norvai, n re
publican. Most populhis and demo
crat then felt that the matter had
been Kcttlid and thought no more
ttUmt It. Hut The In h pendVnt' ex
pvthme with republican a'ato oflh .
cftm-ra It to watch them all the time.
With a few pottMo exception, pniie
of them will hesitate to vloUte the
law, or procure other to do o, if a
I'HrtlsAti advantage cut be pained.
In the fall of The Independent
discovered that Secretary Mrh had
sent out hi certificate to the county
clerk t;alu In the form of a ballot
and with the Hltc.il "Bchedule AM
Mm at the top! Now, the county
vlerk i the othVcr (Urged with the
Do You Read?
Many a person would enjoy reading a great
deal more than be does had he the right kind of
books to refld the kind that are interesting from
beginning to end the kind that are worthy and
have the mark of approval stamped upon them.
We have scores of just such books books that are
not at all expensive. .
Among a large ljne of DOc copyrights are the following: Grau-
starK, Tristram of lsleot, Hlennerhaesett, The Helmet of
Navarre, The Manxman, A Story of New England Home
Life, The Castle Inn, In the Name of Womau,Th Girl at
tho Half Way IIoune all good and interesting books.
l I OH Among the $1.20 copyright books are: A Deal in
l II Wheat. Those Delightful Americans, The Right of
V I L U . Way, Peggy O'Neal, The Captain, Tho Filigree Hall,
Lady Kos'd Daughter.
Send for Theso Books Through
the Mail order Department
50
Lincoln, Nebraska.
duty of preparing the official ballot
in legal form, and upon him must fall
the odium of preparing It wrong and
putting the taxpayers to additional ex
pense for mandamus suits and the in
evitable reprinting. But, although he
violated no law himself, Secretary
Marsh is the man who ought to bear
tho blame. He knew that the average
republican county clerk always looks
to some one above him to learn what
to do; he knew that his certificate was
a hypnotic suggestion to the county
clerk to print the official ballots that
way. And mo3t of them did so, unless
restrained, as many of them werd, by
the orders of some court.
When questioned about the matter
last year, Secretary Marsh added lying
to his other doubtful accomplishments,
by saying that he "forgot about" the
supreme court's decision. Howbelt,
The Independent was not deceived and
determined to watch His Political Ac
cidency. At its suggestion the populist
state committee this year served no
tice upon every county cleric in the
state, calling attention to the decision
and demanding that the people's in
dependent party be accorded a sep
arate line and separate party circle.
The Independent had guessed cor
rectly. The "peanut" politician again
made his certificate of nomination in
the form of a ballot, and again copied
the interdicted "Schedule A." And,
strange to say, the very county clerk
against whom the writ had been
granted, slavishly adopted the secre
tary's suggestion.
This necessitated another mandamus
suit, which was again brought In su
preme court. Of course, It could have
but one result another writ. This
time the plea of "no use to issue the
writ I'll obey without it," did not go.
It was duly issued and served last
Saturday upon the exceedingly forget
ful gentleman!
There Is no doubt that the secretary
of state, the republican state chair
man, and other prominent republicans
In Nebraska, deliberately plotted to
bring about thl violation of law In
(very county they posHlbly could. If
there were any possible way to Im
peach the kecretary for his part of
tho dirty work, Tho Independent
would be ghul to do Ua share to bring
It to a smeccHHful Ihsug. Hut like the
Rifted rascal In one of Oulda'a stories,
Secretary Marh ht not fool enough to
break the law himself, It ut he makei
It ?ty for mullet held county clerka
to fall Into this neat little trap! If
any one nuffers. they rnuat; he I ttafe.
The Independent I not Informed at
tl.ta writing a to how many county
clerla violated the law, Hut It mig
r.Ht th.it whereur It wa dune, Im
peachment proceeding should be tx
run ftk'ntmt tie l-rk without iielay,
Th way to fhck the republican lit
their perdilent anarchy U to five
them ft touch of law, li,
CHEAP EXCURSIONS TO
OHIO AND INDIANA POINTS
Sept. ut, 8th, ls(h,afidOct.6tb-RtiirnLlfBlt
Days.
BOUND TKIP RATES FROM OMAHA
OHIO Toledo 2fb7, Urbane 27.K4, Marten
f27.:J4, Columbus '&. 4, rprinirfield f 27.84, Dayton,
J20.fi7, Cincinnati U" Si, Sandusky 3S 00, Lini
J5.:M, Jlellclontnlne !F.'60.
INl)IANA-IfHnin)oii(II17.t.Pouthllendr20.40.
Ft. Wayne 22.4, Marlon r..i7, Lb Fayette 121.14,
Indianapolis 82?5.20,New Custle J24 80, Kvansvlll.
822.1,0. Richmond J26.34, Tcrre Haute 2U0, Lo
pansport J21.67. Kukomo tTlCO, Wabash 322.40
Laporte J20.W), Crnwlordsvllle J2I.47, North Vet
non 125.67. Vlncennes $21.80.
KENTUCKY Louisville f2C.0O.
This Is only a partial list of points to which,
rate will apply.
Full information at Illinois Central Tick
Oflice, 1402 Fttrnuin St., Omaha, or write
W. H. Hbill,
Dint. Pass. Agt., Omaha. Neb.
Mention The Independent.
If. M. Morning nnd John J. Ladtrilti, AU
torncja, Kooni 310-318, Klcbard
lilock
- NOTICE OF SUIT
In the Plstrlot Court of Lancaster County, Ny
bnikft, Mary Klixaheth Marr, plalntirl vs.
James Wenley Marr, defendant, to Jarne
Wesley Marr, non-resident dclcndant.
You are hereby notified that your wife, Mary
Elizabeth Marr, has commenced an action
aKuliiHt you in the district Court of Lancaster
County. Nebraska, toobluln an absolute divorce
Irom you on tho Kround of IH'ul desertion aim
abandonment on your ni t for more than two
years last pant and alxofurtho reason ol non
aupport, and to obtain the cus-tody of your tw
children, Edllb Hello Marr and tiei.rjjo Hov
Mrr. You aro required to an-wcr the pliitnttfTa
petition In id action on or lieior- th .'!tth day
of November, ;hi:, or the allegation thereof will
bo tiikcu as truo und decrees rendered accord
ingly. MAKY F.MZAISKTH MARR,
i-iaintii:.
py W. M. Morning & John J. t.edwlU., her at-torney.
MliU rbwIod-Atlora
I'K't ition ion ptvoncK
In the dUtrlct court of I.anmter ronntr, Ni.
brak. Anna Wsmier, plaintiff, ta, frank
S arriier, defendant.
To Frank W uniirr,
oiiMtlMnV ii'.tl.e that I late I Ma day
canned a petition to h Bird g!ni you in
tlutrb t fond of I m aster county, Neoraika.
ion a dh f Ifomyi u and the eitody of
our minor rhtid, 1 ddU, on the sri,iid II at you
halt di rir iic hf ini than two year tail
pi. I, and i the Krmtnd Hot you hard nerli el.
and ifuid t furnbh u with n nw abl sup
port, y ' tvtn ol ortitl nt al liliy ,t
1 Pat un!ea yosi nrr ld t-elbbin on or
f.,r M.'O.I.. Ni.ci f i'l, I v. yon mUl be In
tlrutid, and td petition ldl Uki llaiCOU
fcd. and lidiniit t htrtr. ti cordlngSy,
liicoiu, Ni bttila. tt lotw r t. I t
v ANN A a t Fit Kit,
Mlltco tMkwi t, Altotury for putulirt.