RIGHT OF CITIZENS TO VOTE
Crux of Case Presented on Behalf of
Taft Republicans.
?JOHN IEE WEBSTER'S ARGUMENT
.JW -"m
wrm amien a Hf-pnbllcan and
Claiming- to Be Bull Moowrra
Entitled to Xo Considera
tion from Court.
(Continued from First Page.)
anau remain raithrul to that trust. In
this case it means that the republican
presidential electors whose names are
vu yiwar: on the ballot as such should
continue to be republicans and not he.
come democrats or progressives, and that
nau vote for William Howard Taft
for president and James S. Sherman for
vice president, not that they should vote
for Wilson for president or for Roosevelt
for president
Vacancy In the Electoral Ticket.
"The six so-called republican presiden
tial electors who have daclinH tn. r.
main true to their trust and obligation
to the republican party, and who have
been nominated as presidential electors
by the progressive party, and whose
names are to appear upon the ballot as
electors for the progressive parti', have
vacated their place on the republican
ticket as fully and effectually as if they
had voluntarily resigned: It is a prin
ciple of law elementary that has been
recognized from the days of Lord Bacon
down to this that no man nor set of men
can accept two positions or two offices
that are Inconsistent with each other, or
the duties of which are incompatible
each with the other.
"Presidential electors have but one
10 perrorm, and that is to assemble
and vote for their party nominees for
president and vice president If these
men were to be elected on the republican
ticket they had but one duty to do, which
would be to assemble and vote for Wil
liam Howard Taft for president and
James S. Sherman for vice president.
They cannot vote for Tatt for president
i ai mo same time vote lor Roosevelt
1 for president any more than they could
Vttfco for Wilson for vice president. It is
f too plain for discussion and it passes our
comprehension that anybody should sug
gest that these men could be true to their
trust by deserting the republican partj
snd supporting the progressive party.
"The mere fact that these men have
accepted the nomination by the progres
sive party, indeed, of itself, under the
circumstances, has vacated their place
on the republican Dresidentlnl ticket, an
that six vacancies exist which may be
' filled by the republican state central
committee is clear within the adjudicated
cases. ,
"The supreme court of Iowa in State
against Anderson, 186 N. W., Its, lately
said:
It Is a well settled rule of common
law that if a person while occupying one
office accept another incompatible with
the first, 'he Ipso facto vacates the first
office and his title thereto is thereby
terminated without any act or proceed
ing. The test of lncompatibil- '
Ity is whether there is any inconsistency
in the functions of the two, or
where the duties of the two offices are
Inherently inconsistent and repugnant,
it is held that incompatibility in
office exists where the nature and duties
of the two offices are such as to render It
Improper from considerations of public
policy for an Incumbent to retain both.
"For a presidential elector to say that
he Is a candidate on the republican ticket
and on the bull moose ticket, is to put
1 Him in position of holding two offices of
trust as Inconsistent and incompatible
with each other as if he were likewise
to be ' a candidate on the democratic
ticket and to; haye pledged his word of
honor that he would vote for Wilson for
president.
"The consensus of all the authorities
upon the general principle of law is that
the said ball moose men by their own
conduct have resigned from their places
on the republican ticket and that six
vacancies have been cerated on the
repulblcan ticket which may be
filled by the republican state central
committee.
"In the case In the Stth Xebraslta re
ferred to, the committee of the people's
independent party assumed that there ex
isted a vacancy and nominated a man
to fill the vacancy, and the court recog
nized its power and authority to do so.
Party Nomination.
When the Nebraska election laws
were passed It is a matter of general
knowledge that the political affairs of
this country are controlled by political
organization and the laws were enacted
with reference to those existing condi
tions. The statute laws of Nebraska in
specific terms in many sections recognise
the right to make party nominations. In
deed the statute laws of Nebraska rec
ognize party nominations, party affilia
tions and the right to vote a straight
party ticket a one of the fundamental
principles of our government.
"Section 117 of chapter 36 recognizes
nominations of 'candidates for president
and vice president of the United States,'
and further provides: 'Every Qualified
elector, every political party subject to
this act shall have an opitortunity to
vote his preferences on his party nomina
ting ballot for his choice for one person
to be the candidate of his political party
for president and one person to be the
candidate of his political party for vice
president of the United States."
"There is a specific statutory provision
that the thousands of citizens of Ne
braska who want to vote for Taft for
president and Sherman for vice presi
dent shall have an opportunity on the
ballot to vote for republican presidential
electors who will express their choice for
William Howard Taft for president and
James S. Sherman for vice president.
There Is no escaping the argument nor
the conclusion that the lawmakers in
tended by that section to give that au
thority and privilege to the citizen. It
does not lie within the provisions and Is
not within ithe legitimate power or au
thority of the secretary of state, nor of
the six men who vacated their right to
remain on the ballot, to Interfere with
the right of republicans to express their
choice by an honest, straight repub
lican ticket for Taft for president and
Sherman for vice president.
"So firmly is the thought of a political
party imbedded in the statute laws of the
,state of Nebraska that it is again pro
vided in the primary law that an elector
Is not 'entitled to vote, at such primary
election until he shall have first stated to
the judges of such primary election what
political party he affiliates with.' The
phraseology of that section prohibits a
mah from voting at a primary who does
not belong to a political party. It pro
hibits him from voting at a primary un
less he Is willing to declare under oath
what political party he belongs to.
"Again, there is another way of de
termining whether a man is a republican
or a democrat. Section 118-q of chapter
26. among other things, provides:
The action of the preceding national
convention of such party regularly called
shall determine the action, of the secre
tary of state, or the court in its decision.
The secretary of state may be compelled
by peremptory orders of mandamus pro
ceedings to perrorm nis duty in tnis re
gard. "The national republican convention at
Chicago by its platform declared what
were the doctrines and principles, of the
republican party. It was that conven
tion by its platform that defined repub
licans. Just as the democratic conven
tion at Baltimore defined what should
be the democratic party, and Just as
the bull moose convention called at a
later date in Chicago determined what
should constitute the boll moose party.
By these three conventions there were
recognized three' independent political
parties with platforms, which are each in
consistent with and antagonistic to the
other. A man has no right to say 'I
am a republican, and I am going to
support the platform and nominees of
the democratic party,' any more than
another man has a right to say he is
a democrat, but ' proclaims that he is
going to support the principles and nomi
nees of the republican party. It follows.
n m r '
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as, of course, that the men who support
the platforms) of the bull moose party
and support Its nominees for president
and vice president, cannot honestly and
fairly say in any sense of the word that
they are members of the republican party,
VotliiK Machine Act.
"The right to a political organization
and a straight party ticket is provided
for by the voting machine act. In that
act among other things It is provided
that the machine shall be so arranged
that 'a straight party ticket can be voted
by the operation of a single device
That the names of the candidates
for presidential electors need not appear
upon the ballot labels, but in lieu thereof
one ballot in each party column or row
may contain only the words "presidential
electors" preceded by the party name, and
the names of the candidates for presi
dent and vice president, and every vote
registered for such ballot shall operate
as a vote for all candidates of such party
for presidential elecors.
"Under that act it would be sufficient
on the voting machine to put at the
head 'Republican party, William H. Taft
for president; James S. Sherman for
vice president and that the pulling of
the single lever should vote the entire
republican presidential electoral ticket,
which means eight electoral votes for
Taft and Sherman. I
"The present arrangement of the. ballot
by the secretary of state absolutely
nullifies the voting machine act. Is it
possible that the secretary of state M
qualified with power to wipe out by his
arrangement of the ballot the voting ma
chine act and destroy the right of the
elector to vote a straight republican ticket
by a single stroke of the lever?
A antral Inn Ballot Law.
'"The Australian ballot act in section 140
also provides for a straight party ballot
so arranged that the voter can put a
j cross in the circle at the top and vote a
straight party ticket. Now that section
provides that the ballot shall so be ar
ranged that each party candidate shall
be arranged under the party name and
that a circle shall be connected with the
party name; over the top circle shall
appear the following printed instructions:
'To vote a straight ticket mark a cross
within your party circle.'
"The way the ballot Is arranged by the
secretary of state and by the conduct of
these six bull moose electors, the Aus
tralian ballot law of this state is nullified.
Our contention Is that it Is not wlthiri the
power or authority of these six men or
of the secretary of state to wipe out eitht
the voting machine law or the Australian j
ballot law of this state, which by their
positive and express provisions give to
the republican party the right to vote a
straight republican ticket
"The constitutional right of republicans
to have a party ticket and to vote It:
"The constitution of the state of. Ne
braska among other things provides: 'All
elections shall be free awl there shall
be no hindrance or impediment to the
right of a qualified voter to exercise the
elective franchise." That constitutional
provision Implies within its very terms
and substance that the citizen shall have
a right to cast a ballot which shall ex
press his preference for president and
vice president not. that he should be re
quired to vote for two Taft men, and at
the same stroke to vote for six Roose
velt men on the electoral ticket.
"The supreme court of this state has
recognized this constitutional right of
political party privileges.
"Nebraska cases fully and clearly recog
nize and declare the principle that po
litical parties axe entitled to maintain
their political organization, and are en
titled to have their party ticket put upon
the ballot, and have the constitutional
right to vote a straight party ticket which
shall be a vote for men who will stand
by the members and platforms of the
I party and support its candidates for presl
j dent and vice president The rights are
among the constitutional rignts or tne
members of the republican party, and
any law or, act or any rule which inter
feres with that constitutional privilege
of the members of the republican party
is unconstitutional and void."
Ayers Denies Party's Rlafbt.
Deputy Attorney General Ayres denied
the right of the republican party to act
In the matter and was frequently asked
questions by Judges Cosgrave and Cor
nish as to the points in his contentions
C. C. Flansburg, speaking -as "a friend
of the court," made a political speech,
in which he assailed the national repub
lican committee and the rump state con
vention. Mr. Jefferls in answer to the charge
of Mr. Flansburg that the bull moose
electors were elected by the people, stated
that they were not elected by all the
peopl. but by a part of th people who
called themselves republicans, and that
they were elected as republicans to carry
out the will of the republican party and
no other party, and that they had ac
cepted a nomination directly antlgonlstl)
to the republican party, and under the
law as quoted by Mr. Webster, their own
act had vacated the offices they were
holding as nominees of the republican
party. .
The court announced that a decision
would be rendered at 9:30 o'clock Satur.
day morning.
FIELDING INJURED WHEN
TRAIN HITS HIS WAGON
TECUM SEH, Neb., Oct. 18.-Speclal.)-Yesterday
George B. Fielding was pain
fully, though not seriously Injured. He,
Patrick Anson and 8. R. Greer wcio
going to Anson's house, where Greer and
Fielding were to do some painting, driv
ing a team of mules. A train on the Bur
lington, running through the city at a
high rate of speed struck the vehicle.
Fielding was thrown out of the rig and
when picked up was unconscious.
ENGLISH COMPANY TO MAKE
SHELLS FOR GOVERNMENT
WASHINGTON. Oct. 18. -Determined to
learn whether foreign manufacturers can
sell the United States navy shells of
equal quality for one-third less than
the lowest price Americans will offer,
the Navy department today awarded a
contract to the Hadfleld Steel Foundry
company of Sheffield, for 600 out of a
total 6.600 armor-piercing projectiles con
tracted for. Department officials believe
that If the English product measures up
to the test, the avowed intention of the
government to buy 'abroad when neces
sary to meet exorbitant domestto bids
will result In a substantial lowering of
American prices.
The Hadfleld company was given th
oontract for 800 twelve-Inch projectiles at
18 7euch. To the Bethlehem Steel com.
pany went 1.600 twelve-Inch at $279.40 each
and 600 fourteen-lnch at $500 each; to the
Washington Steel and Ardnance company,
600 twelve-inch at $277 each, and 1,000
fourteen-lnch at $490 each, and to the
Crucible Steel company of America, 1,000
twelve-inch at 0274.76 each, and 500 four,
teen-inch at 1500 each. The Hadfleld
share amounts to
of $1,916,950.
3,600 out of a total
BROKEN BOW BOY IS
KILLED IN" COLORADO
BROKEN BOW, Neb.. Oct. 18.-(Spe-clal.)
D. W. Lanterman has received
word that his son, Stewart, was murdered
Wednesday night by a stockman, Terry,
about twenty mile from Deer Trail,
Colo.
Stewart Lanterman was well known
here, having been a resident of Broken
Bow most of his life, up to three years
ago, when he and his brother Blaine
went to Colorado to take up homesteads.
From reports received here by Lanter
man there had been some trouble be
tween Terry and the homesteaders,
which finally culminated In Wednesday
night's tragedy. Particulars of the af
fair are unknown.
JOHN SCHRANK LAYS CLAIM
TO ROOSEVELT BULLET
MILWAUKS ES, Wis.. Oct. l.-For the
first time since he was incarcerated, John
Pchrank today asked a deputy sheriff how
Colonel Roosevelt was. When told his
condition was favorable, Schrank asked
where the colonel had been shot and If
the bullet had been located.
"The bullet belongs to me," said the
prisoner. "I have made my will and be
queathed the bullet to the New Yorsj
Historical society, with a request that It
be placed on exhibition In the stata
capital. My property In New York, I have
willed to my mother In Germany."
CHILDREN JOIN IN SEARCH
FOR JEANNETTE GORSKI
CHICAGO, Oct. 18.-Flfteen hundred
school children Joined the police In the
search today for Jeannette Gortkl, t years
old, who disappeared yesterday under
strange ciroumttanaea. The mother be
lieves she was kidnaped. Two women
seen playing with the girl shortlyt before
she vanished are being sought by the
police.
To Protect French Subjects,
TULON, France, Oct. U. Five Frenoh
warships have been ordered to be held in
readiness to proceed to the Syrian coast,
should their presence be deemed neces
sary there for the protection of French
citizens. Two French warships are al
ready stationed off the Syrian coast..
Cevrritht Hart fchafrW ft Mtrt
YOUR VOTE FOR PRESIDENT NOV. 5TH May and ought to be a serious matter to you - but no matter
whether your man wins or loses you'll soon be reconciled to the result and continue to be a patriotic citizen.
BUT IT'S DIFFERENT WITH CLOTHES-You are personally concerned in the result there. If you vote right
you win personal comfort and self-satisfaction that means much to you and if you vote wrong you lose not only
personal comfort, but your temper too a great many times before the garments are half worn out.
Hart, Schatiner & Marx Clothes-
Are deservedly far ahead of all other candidates and we want to see you vote for them. This is the polling place
and thousands of young men and old men are voting here every week for the Best clothes . style and quality produced
at the pnce3. , Suits or overcoats, $18 up. -
Young men especially should see the splendid new "Varsity" models. ' .
THERE'S A SURPRISE AWAITING YOU ALSO WHEN YOU SEE
Styleplus Suits and Overcoats, $t7 Hayden's Wonder Clothes, JR50
in overcoats include the new English Guard the
Shawl Collar - the Converto - the Chesterfield and
the Eaglan styles. ' Plain and silk lined.
Blue serge suits that will make you wonder how they
could be produced at the price; all the new weaves in
Scotch worsted and Velours.
Comparison of qualities and styles at any price is all that is necessary to make you vote always for Hayd
en s
New arrivals in boys' reefers and
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