THE BEE: OMAHA, MONDAY, NOVEMBER 4, 15)12,
I
HEAL KSTATE
rxiiM : haxch lands pon sam:
ron5r.frAIiH-:f?;"B PAU.M. .NEAR
COUNCIL BLUFFS, I A.; S-room dwell
ins. barn 40xU. double corncnb. two
wells; spring In pasturo; acres alfalfa,
H acres pasture, balance in corn ana
ats. CHAS. T. OFFICER. Council
pluffs. la.
Nebraska,
MR. INVESTOlCMr. Man with mall
means: For sale, 11 quarter of cholou
farm land cloe to Sidney. Neo.. one
tenth caan, bal. ten year' In ten equal
payments. Krneat Haas. Sirfney, Neb.
HOMKSTKAD-3J0 acre rich farm land
for J1.5. riling fees and all; Just over Into
V olorado -good stuff, uot sand hills.
Land In Kimball county $15 up to t25 per
vic. u. -a. iracy. ivtmoau, .Neb.
0-UU3HEL WHEAT LAND. tS TO til
, t PER ACHE.
We have for sale over ,0CV acres ot
Cheyenne county. NebratkVs choicest
farm land, where the cvop vct(U for u
years. Including 1910 and mi. v average
with the best in the state. Altaita. also
a leading crop, Better so1, water and
climate cannot be found. Write for full
n.vXma.Fon- Agents wanted everywhere.
KUJSDlNUhLAND IN VKSTMli.N C CO.,
S1UNET, MKH.
641 ACRES land In Blaine county, Neb.
13.25. A. W. Kelpln. 433 Charles St.
south Dakota.
FOR SALE 160 acres good farm land,
40 acres broke, balance all tillable: 7
miles irom Dallas and 6 miles from
Colome. lrlco, 4 per acre, payable
fl.MW cash. ,600 .March 1. ; .
March 1, 191. Address Box lit). Dallas,
bo. Dak.
4S0 ACRES In Clark county. South Da
Kota, four miles from county nat, 300
pcres broke, a good set of Improvements
Price X5o an acre on good terms.
K. P. Thompson, Lyon. Neb.
Tcxua.
CHEAP patented state school lands,
south Texas, (1 an acre cash, balance ten
years. For all particulars write F. A.
Connable, trustee. 481 Commercial Bank
Uldg., Houston. Tex.
Wanhtnictou,
BUT SPOKANE PROPERTY.
One acre that will Boon be worth J1.000
for J600; terms. Wrlto
EMERY 8. BAYLEr,
J Peach. Washington.
Ship Hvo stock to South Omaha. Bav
mileage and shrinkage. Your consign
ments receive prompt and careful atten
tion. Live Stock Commliilou Merchants.
DYERS HROS. & CO.. Strong, reliable.
CUFTW Com. Co.. n Exchange Bldg
Enyrter-Malnne-r'nrtmnn Co.. lla Ex. Bldg.
LAV E-rtl'V. tinus., us Exchange Uldg.
Martin Bros. & Co.. Exchange Uldg.
Cluy, Roolnson Co., 200 Excnangw Uldg.
Tho Porstaten', anti Judicious Use of
Newspaper- Advertising Space Is tho Best
Road Into the "Big Business" Class.
LKOAL XOTICKS
"PROPOSED CONSTITUTIONAL
AMENDMENT NO ONB.
1 The following proposed amendment to
the constitution of the State of Nebraska,
bs heretofore set forth In full. U sub
letted to the electors of the State of Ne
braska, to be voted upon at the general
election to "be held Tuesday, November
Rh. A. D.. 1912.
''AN ACT for a Joint resolution propos
ing amendment to Seollon 1 and Sec
tion 10 Article 3 of the Constitution of
the State of Nebraska, and supplement
, InK Article entitled 'Amendments,'
Be it Resolved and Enacted by the Legis
lature of the State of Nebraska:
, Section 1. That at the general election
for state and legislative offices to bo
hold on the Tuesday succeeding the first
Monday in November, 1913. the following
provisions be proposed and submitted as
amendment to Section 1 and Section 10
Df Article 3 of tbe Constitution of tho
Ht.rte of Nebraska.
Section 2. That Section 1 of Article 3
pf the' Constitution of the State of Ne
braska. Is hereby amended to 1-wid'iis
follows:
Section 1. The legislative authority of
the stato shall bo vested In a legislature
Consisting of a senate and house of repre
sentatives, but the people reserve to
themselves power to propose laws, and.
amendments to the constitution, and to
enact or reject the same at.the polls In
dependent of the leglslaturWand also re-
Serve power at their own option to ap
rov or reject at the polls any act Item,
ectton, or part of any act passed by the
eglslsture. '
, Section 1A. The first power reserved
by the people Is the Initiative. Ten per
rent of tho legal voters of the state, so
distributed as to include 5 per cent of
the legal voter In each of two-fifths, of
the counties of tho state, may propose
any measure by petition, which shall
contain the full text of the measure so
proposed. Provided, that proposed con
stitutional amendments shall require a
petition' of JB per cent of the legal
voters of the state distributed as above
brovided. Initiative petitions (except for
municipal and wholly local legislation)
lhall be filed with the Secretary of State
and be by him submitted to the voters at
the first regular state election held not
ess than four months after such filing.
The same me&surc, either In form or In
rssentlal substance, shall not be sub
mitted to the people hy Initiative petition
(either affirmatively or negatively)
ottaner than one In three years. If con
flicting measures submitted to tho people
kt the same election shall be approved,
the one receiving the highest number of
k.ffflrmatlve- votos shall thereby become
law sa to all conflicting provisions. The
constitutional limitations as to scope and
subject matter of statutes enacts by the
legislature shall apply to those enacted
by the inltlatl-e.
flection IB. The second power reserved
is the referendum. It may be ordered by
a petition of 10 per cent of the legal vot
ers of the state, distributed as required
for Initiative petitions. Referendum petl
lions against measures passed by the leg
islature shall be filed with the secretary
of state within ninety days after the leg
islature enacting the same adjourns sine
die or for a period longer than nlnetv
days; and elections thereon shall be had
at the first regular state election held
not less than thirty days after such fll- ,
lng. two years.
Section IC. The referendum may be 1 Approved April 7, 1911
ordered upon any acts except acts making i I, Addison Walt, Fecretary of State pr
appropriations for the expenses of the 1 the State of Nebraska, do hereby cortlfy
state government, and state Institutions that the 'otegolng proposed amendment
misting at the time such act is passed , to the Constitution of the State of Ne
When tho referendum Is ordered upon an braska Is a true nnd correct copy pf the
act or any vlrt thereof It shall suspend original enrolled and v erurroesed bill, us
Its operation until the same Is approved passed by tho Thirty-second session of
fey thS voters: pVovded. that emergency " the Legislature of the Bto U of Nebraska,
nets nr acts for the Immediate preserva- , as .appears from said original . bill on rile
tlon'of the public p?acThealth. or safety In this office, and that sa d Proposed
5&&Stra& ! vShe VaWefrJ
the voters or repeaiea by me irMwi. H,, r,,in thn ventral e ec-
?,gOraredlemlpt.0Sga1ns
nn act shall not delay the remainder of
the measure from becoming operative.
Section ID. Nothing In this
nhall be' construed to deprive any mem-
ber of tho legislature of the right o In-
troduee any measure. Tha whole number
of votes coat for governor at the regular
election last preceding the fl lng "
mjuauvn or mniciiuuui . ' . i i
the oasis on wmcn me huuii i
voters required to sign such petition shall
be computed. The veto power of the gov
ernor shall not extend V measures InlU
ot.rf hv nr referred to the people. All
such measures shall become the law or a
trt of the constitution when approved ,
by a majority of the votes cast thereon. rnltted to the electors of tho Statu or
provided, the votes cast in favor of said , Nebraska, to be voted upon at tho gen
lnlUatlve measure or part of said constl- srai election to be held Tuesday, No
tutlon shall constitute thirty-five per cent vember 5th, A. D. 1912.
per cent) of the total vote cast at said . ak ACT for a Joint Resolution to pro
election and not otherwise and shall take pose an amendment to the Constltu
effect upon proclamation by the gover- ( Hon of tlw State of Nebraska,
nor, which shall be made within ten days B r Resolved and Enacted by tho Legts.
of the completion Of the official canvass. lature of the State of Nebraska;
The vote upon Initiative and referendum Section 1. That at tho general rtectton
measures shall bo returned and canvassed for stata and legislative officers to be
In the same manner as Is prescribed In held In the Stftteot Jfebraska. on tho first
the case of presidential electors. Tho Tuesday succeeding the first Monday In
method of submitting and adopting November. 1912. the following provision
Snendments to the constitution provided be proposed and submitted to the electors
Bjneimiuciii" w . , .,-, to of th State of Nebraska:
the method prescribed in the article of
this oonstltution, entitled ''Amendments."
Ta ier shall In no case be con-
2nd. V?J5.fitet herewith: This amsnd-
tn1?1 if.e?ecuUng. but legUla-
IV'"
tint, in subm ttlng petitions and
ordew for (ho Initiative and the refer
ndum, the' -ecretary of s at. and all
enaum, ine mMA by thU
. wmndm'nt and the general laws until ud-
I dltlonal legislation shall b especially
IiKGAL XOTICKS.
provided therefor, nil propositions sub
mitted in pursuance hereof shall be sub
mitted In a nonpartisan manner and with
out anv Indication or suggestion on the
ballot that they have been muroved or;
endorsed by any political party or or 1
gnnlcntlon. and provided further that only
the title of measures shall bo printed on
the ballot, and when two or more mess-
ures have the same title they shall be j
numbered consecutively In the order of I
fiiinif u-nh the secretary of state and In- t
eluding tho name ot me ursi petitioner.
Section 3. That Sectinn 10. of Article 3.
of the Constitution of the State of Ne
braska, tie amenuetl n renn as rouows
Section 10. The sty
t ie or all bills shell I
by the people of the '
State of Nebraska." and no law shali i
be enacted except by bill. No Nil shall '
be passed by the legislature unless by J
assent of a majority of oil the members!
elected to each house of the legislature !
and the question upon final passage snail
be taken Immediately upon Its Inst read,
lng and the yeas and nays shall be en
tered upon the Journal.
Section 4. That at said election on the
Tuesday, succeeding the first Mondoyl In
Novembor. 191?. on the ballot of each
elector voting thereat there shall be
printed or written the. words "For pro
posed amendment to the constitution re
serving to the people the right of direct
legislation through the Initiative and ref
erendum" and "Against proposed amend
ment to the constitution, reserving to the
people the right of direct legislation
through the Initiative nnd referendum "
nd if a majority of all voters at said
election shall be In favor of said amend
tnent tho same shall be defined to be
adopted. Tho returns of said election
upon the adoption of this amendment
Khali he made to the state canvassing
board and said board shall canvass the
vote upon the amendment herein In tho
same manner as Is prescribed In the case
of presidential electors. If a majority of
the votes cast at the election be In favor
ot the proposed amendment the governor,
within ten days after the result Is nsecr
ta'ned, shall make proclamation declar
ing the amendment to be part of the con
eltutlon of the state, and when so de
clared tho amendment heroin proposed
shall be In force and solt-executing.
Approved .March 24, 1911.
I. Addison Walt. Secretary of State, of
tho State of Nebraska, do hereby certify
that the foregoing proposed amendment
to the Constitution of the State of Ne
braska Is k true ahd correct copy of the
original enrolled and engrossed bill as
passed by the Thirty-second session of
the-Legislature of the State of Nebraska,
as appears from said original bill 'on file
In this office, and that said proposed
amendment Is submitted to the qualified
voters of the State of Nebraska tor their
adoption or rejection t the general eleo
lion to ba held on Tuesday, the 5th day
of November, A. D 191Z.
In Testimony Whereof, I have hereunto
set my hand and affixed the Great Seat
of the State of Nebraska. Done at Liu
coin this 20th day of May, In tho year of
our Lord, Ono Thousand Nine Hundred
nnd Twelve, of the Independence of
the United States the One Hundred anj
Thirty-sixth, and of this state the Forty
sixth. ADDISON WAIT.
(Seal.) Secreary ot State.
PROPOSED CONSTITUTIONAL
AMENDMENT, NO. FOUR.
The following proposed amendment to
tho constitution of the state of Nebraska,
as hereinafter set forth In full, is sub
mitted to tho electors of the stato of Ne
braska, to be voted upon at the general
election to be held Tuesday, November
Mh, A. D., 1912:
"A JOINT RESOLUTION to propose
amendments to Section five (6) of Ar
ticle six (8) and Section thirteen (13)
of Artlclo sixteen (16) of the constitu
tion of the state of Nebraska as found
in the compiled statutes of Ne
braska for 1909, Section thirteen (13)
of Article eighteen (18) of Cobbey'a
Annotated Statutes for 1900, relating to
time of electing Judges of the supreme
court, fixing the time of the general
election and providing for holding over
of Incumbents until their successors
are elected and .qualified.
Be it Resolved and Enacted by the Legis
lature of the State of Nebraska:
8ectIon 1. That Section Five (5) of
Article Six (6) of the Constltutlori of tlie
Stato of Nebraska be amended to read
ns fmlows:
" Section 5 That at the general election
to be held in the State of Nobroska In
the year 1916, and .each six years there
after there shall be elected threw (3)
judges of the Supreme Qourt, who nho.ll
hold their office for the period of six (6)
years: that at the general election to be
hold In the State of Nebraska In th year
1918, and each sic years thereafter there,
shall be elected three (3) Judges of the
Supreme Court, who shall hold their of
fice for the period of six yoars; and at
the general election to be held In the
State ot Nebraska In the year 1920 and
each six (6) years thereafter there shall
ba elected a chief justice of the Su-
rprerae Court, who shall hold his office
ror the perioa oi six ti years, rro
vlded, That the member of tho Supreme
Court whose term of office expires In
January. 1914. shall be chief Justice of
the Supreme Court during that time un
til the expiration of his term of office.
Section 2. That Section Thirteen (13)
of Article Sixteen (19) of the Constitution
of the State pf Nebraska as found In
the Complied Statutes, of Nebraska for
1900 (Section Thirteen (13) of Article
Eighteen (18) of Cobbey's Annotated
Statutes for 1909) be amended to read as
follows: , ' , ,
Section IS. The general slectlon of this
atato shall be held on the Tuesday suc
ceeding the first Monday In November
In the year 1914 and every two years
thereafter. All state, district, county,
precinct and township officers, by the
constitution or laws made elective by the
people, except school district officers,
and municipal officers In cities,, villages
and towns, shall be elected at a general
election to be held as aforesaid. Judges
of the supreme, district and county
courts, alt elective county and precinct
officers, and all other elective officers,
the time for.the election of whom la not
herein otherwise provided for, and which
are not Included In the above excep
tion, shall be elected on the Tuesday
succeeding the first Monday In Novem
ber, 1913, and thereafter at the general
election next preceding the time of the
termination for their respective terms
of office. Provided, That no office shall
be vacated thereby, but the inoumbent
thereof shall hold over until hj sue
"cesnor Is dulv elected and qualified.
Section 3. The form of ballot on the
amendments proposed lie rein shall be as
follows: "For pre posed amendments to
the constitution providing for general
In-llnn nnm In twn vears" and "ARBlnst
proposed amendments to the constitution
nrovldlng for general election once In
SVr' W
thereof? I have hereunto
I n Ts tlmo n nroi, 'QVeal
,S tKSta ta of Ntbwkl Pon t Un-
' Sin. thl th day ofMoy. In the year of
. X xird. One thousand Nine Hundred
am, Twelve an(j Df the Independence of
the VnXea states Uie One Hundrd and
Thirty-sixth and of this State the Forty-
slxtll, AiJLlourt vni
(Seal.)
Becretary of State
PROPOSED CONSTITUTIONAL
AMENDMENT NO. FIVE.
Thn folluwlnr nroDosed amendment to
hereinafter st forth in full, la sub-
Section i. Any city having a popula-
.tlpn.pf more than five . thousand (6,O)0)
InhabftanU may tiame a charter for Its
own' government, consistent with and
subjject to the constitution and laws of
4W- tate. by causing a convention of
Jiueen ircenumers. who snaii nave ueen
for at least five years qualified electors
thereof, to be elected . uy the qualified
voter of said city at any ueneral or
special election whose duty it shall bo
I to prepare end propose a charter for
LKG.U, MOTICKS.
urh eiLv. which charter, when completed.
with a prefatory synopsis, shall b signed
1) ine uuicers ami mrmurrn i mr v.un
veutlon, or a majority thereof, and de
livered to the clerk of said city, who
shall publish the same In full, with his
otflclat certification. In the official paper
of said oity. If there be one. and If there
be no official paptr, then In at least
one newspaper published and In general
olrcuatlon in said city, three time, and
a week apart, and within not less than
thirty davs after such publication It shall
be submitted to the qualified electors
of said city at a general or special elec
tion, and It a majority of such qualified
voter, voting thereon, shall ratify the
same, It shall at the end of sixty days
thereafter, become the charter of sold
city, and superst-do any exlsltlng charter
and all amendments thereof, A duplicate
certificate shall bo made, setting forth
the charter proposed and Its ratifica
tion (.together with the vote for and
against) and duly certified by the city
clerk, and authenticated by the cor
porate seal of said city, and one copy
thereof shall be filed with the secretary
ot state and the other deposited among
thK archives of the city, and shall there
upon become and be the charter of said
city, nnd all amendments to such charter
shall be authenticated in the same man
ner, and filed with the secretary of state,
and deposited In tha archives of the
city.
Section 3. But If sstd charter be re
Jected. then within six months thereafter,
tho mayor and council or governing au
thorities of said city may oall a special
election nt which fifteen member of &
new charter eonvent'on shall be elected
to be called and held as above in suoh
cltv, and they shall proceed as above to
frame a charter which shall In like man
ner and to the tike end be published and
submitted to a vote of said voters for
their approval or rejection. If again re
jected, the procedure herein designated
may be repeated until a charter U finally
approved by a majority of those voting
thereon, and certified (together with the
Vote for and against) to the secretary ot
state as aforesaid, and a copy thereof
deposited In the archives of the city,
whereupon It shall become tho' charter of
said city. Members of each of sold char
ter conventions shall be elected at large:
and they shall complete their labors
within sixty days after their respective
election,
The charter shall make propor provi
sion for continuing, amending or repeal
ing the ordinances of the c(ty.
Section 4, uch charter so ratified and.
adopted may be amended, or a charter
convention called, by a proposal therefor
mado by the law-making body of such
city or by the qualified electors In num
ber not less than S per cent ot tho next
Preceding gubernatoral vote In such city,
by petition filed lth the council or gov
erning authorltlc The council or gov
erning authority, shall submit the soma
to a vote of tho qualified electors at tho
next general or special election not held
within thirty days after such petition Is
filed, In submitting any such charter or
charter amendments, any alternative
article or section may be presented for
the choice of the Voters and may be
voted on separately without prejudice to
others. Whenever the question of a
charter, convention Is carried by a ma
jority of those voting thtreon, a charter
convention shall be called through a spe
cial election ordinance and the same
shall be constituted and held and the
proposed charter submitted An a vote ot
tho qualified electors, appruved or re
jected as provided in section two hereof.
Tho city clerk ot said city shall publish
with his official certification for threa
times a week apart In the official paper
of sold, city. If there be one, and If there
be no official paper, then In at least
one newspaper published and In general
circulation In said city, tha full text ot
any charter or charter amendment to
be voted on at any general or special
election,
No charter or charter amendment
adopted under tho provlsfons of this
amendment snail un amended or repealed
except by electoral vote. And no such
charter or charter amendment shall di
minish the tax rate for state purpoaes
fixed by act of the legislature, or Inter
fere In any wise with the collection of
state taxes.
Section 5. That at said election In the
year 1912. on the ballot of each elector
voting thereat, "there shall be printed or
written th words "For proposed amend
ment to the constitution allowing cities
ot mom than flv'o thousand Inhabitants
In this stata to frame their own city char
ter" and "Against proposed amendmont
to constitution allowing cities of more
than five thousand Inhabitants In this
state to frame, their own charters." And
If a majority of all votcra at told elec
tion shall be for such amendment tho
same shall be deemed to ba adopted.
Approved March 39. 1811.
I, Addison Walt, Secretary of State of
Jhe state of Nebraska, do hereby certify
that the foregoing proposed amendment
to thn Constitution ot tha Stato of Ne
braska Is a true and correct copy of the
original enrolled and engrossed hill, as
passed by the Thirty-second session of
the Legislature of the State ot Nebraska,
as appears from said original bill on file
In this office, and that said proposed
amendment Is submitted to thn qualified
rotors of the state ot Nebraska for their
adoption or relqotlon at tho gonoral elec
tion to be held on Tuesday, the 6th day
of Nnvmbr, A, !., 1912.
In testimony, Wt.ereof, I have hereunto
set my hand and affixed the Great Heal
of the State of Nebraska. Done at Lin
coln, this 20th dav of May, In the yoar of
our Lord. One Thousand Nine Hundred
and Twelve, and of the Independence of
the United States the One Hundred and
Thirty-sixth and of this State the Forty
sixth. ADDISON WAIT,
(Soal.) Secretary of State.
$500 Worth of Loot
Recovered by Police
Five hundred dollars worth of Jewelry
and sllvnrwnre stolon from the home of
Ralph Ifuywanl, S302 Dewey avenue, on
October 17, by the Wrothe-Johnson-aray-Rrady
burglar gang, was recovered
yesterday afternoon at Perry, la., by Detectives-
Dunn and Klunelly, who wero
accompanied by Mr. Hoyward, .The stuff
hod been sold tq Henry Chrjstofson, n
fireman on the Illinois-Central, who paid
13.60 for It. Nearly all of the stuff re
covered by tho detectives wns taken from
Ufa Hayward, home, although inmo of
the Joot was Identified by the offlccre as
belonging to other victims. With this
last batch of property In the hands of
tho police, all of the property taken
from over twenty Omaha, homes hus
been recovered.
Official Ballot Here
is a Record Breaker
To furnish material for another object
lesson. Victor Rosewater, editor of The
Bee. scn one of the ballots to bn.used
in tho election In Omaha next Tuesday
to the Short Ballot organlxatlon In New
York, tha receipt of which Is acknowl
edged by letter from tho secretary, In
which he says:
"I am very grateful to you for sending
this ballot. It Is some ballot, believe us,
In fact, there are more offices, to
filled than on any ballot wa have ever
seen."
Church Women Are
Victims of Thief
If there Is any truth In the old saw
about "honor among thieves" tha women
of tha North Bide Christian church would
llko to have tt practical demonstration.
Yesterday afternoon while the annual
rummage sale for the benefit ot the
church was in progress at 1820 Vinton
street, a thief stole the day's receipts,
consisting of 136 In small change and
nearly 11$ worth of clothing, novelties
and pther things of value. The police
were notified, but they have no clue to
work upon
OPINION IN ELECTORS' CASE
Full Text Written by Judge Fawcctt
of the Supreme Court.
DECISION COVERS EVERY POINT
Mrunir Itensiins Wlij tho UtaM of the
Voter (n Clcnrlj Kprr Their
Choice nt (tip Polls .Nliolilit
He .Mnlntulnrd.
When the application for a writ ot man
damus to compel tho secretary of Mate
to put the names of the Tivft electors on
the ballot ws argued on npiK-ul before
the mipremo court of Nebraska, a verbal
opinion, atrirmlng the action of the dis
trict court of Idincaster county, was
handed down. Judge Fawcctt of tho su
preme court has slnco written out thq
opinion, In which tho other Justices unani
mously concur. The full text ot Judge
Fawcctt's opinion Is:
This case was deckled October 98, hut
for reasons well known to the partlcx the
opinion wis left to ,n later date. The In
tention (if the writer, to whom the cae
fell In the regular course of assignment
of cases, was to write the opinion at his
leisure; but upon consultation we all
agreed that tho writing of the opinion
should bo hastened so that the reasons
for our decision may hp nlve'n to the
public. (Th constitutional and stutuhxy
provlstons arc then set out In full).
That tho legislature has deliberately and
olearly recognized tho existence of polit
ical parties and attempted to delegate to
tlui members of each party tho right to
vote at the primaries and at the general
election for candidates of their own
party and nominated hy themselves with
out Interference of members of any other
polltlcul party, Is too clear to requlni dls.'
cusslon. In State against Drexel. 7 Neb..
776, 7S6, Mr. Chief Justice Holcomb, speak
ing for this court, said: "It Is quite true,
wo think, that when the legislature un
dertakes hy laws of this character to
regulate ami control the Internal affairs
ot political parties, and to determine
tho manner and method of making party
nominations for public offices, It must
do so without discrimination and with
equal consideration and benefit to all,
Hut It Is equally necessary to recognize
tho existence of political parties and to
clnsslty thorn by some convenient
standard." In that opinion Judge Hol
comb qoutcs with approval from State
against Jensen, H4 Minn. 19, ns follows:
"We nre of the opinion that tho legisla
ture may classify political parties with
reference to differences in party condi
tions nnd numerical strength, and pro
scribe how each class shall select Its can
didates, but it cannot do no arbitrarily,
and confer upon ope class Important
plvlleges and partisan advantages and
deny them to another class and hamper
It with unfair and Unnecessary burdens
and restrictions In the selection of Its
candidates,"
I5ffrc of the l'rlinarr.
At the primary election In April last the
republican voters were given the oppor
tunity to express their preference for tha
man whom they desired to have nomi
nated as the candidate of the republican
party for the office of president, lly
quite u. lurge majority Theodora Roose
velt was named as such choice. The
delegates also elected nt that primary to
attend the republican national convention
to convene in Chicago lit June following.
Vcro by that vote Instructed to cast the
solid vote of Nebraska for Mr, Roosevelt
Beyond tho' sitting uf thai convention and
the nomination of a president and vice
president by republican delegates of thn
nation there assembled, neither the du
tios of such delegates nor the expression
of a preference for Mr. Roosevelt by
that primary, extended. Tho preferential
vote given for Mr, Roosevelt had no re
lation whatever to the candidates noml
pitted at that primary for presidential
electors. It was not and could not at
that time be known who would be the
nominee of tho national convention. The
candidates for presidential electors were
nominated, not to vote for any particular
candidate then known, but to vote, It
elected at the November election, for the
personR who might be nominated by the
national convention as the candidate of
the republican party for the offices ot
president and vice president. At the pri
mary election A. V. Pease, W. J. Ilroatch,
Ooorge 8. Flory, W. E. Thome, A. R.
Davis, Allen Johson, Wesley T, Wilcox
and Alfred C. Kennedy wero nominated
as republican electors for the state of
Nebraska, to be voted for at the ensuing
general election. In behalf of each of
tho eight persons so nominated, there
had, prior to tho primary, been fled with
thq secretary of rtate a petition wherein
It was represented that:
We, the undersigned qualified electors
of county, in the stuto of Ne
braska, affiliating with the republican
party, hereby request tliot the name of
(each of the gentlemen above named) be
placed upon the official ballot of sild
party for the primary election to be held
on tho 10th day of April, 1312, as a can
didate for the offlcq of presidential elec-tor-at-large.
Each of tho gentlemen named filed over
his respect've signature an acceptance of
his nomination, as follows:
To the Honorable Secretary of State,
Lincoln, Neb. Dear Sir: I hereby ac
cept the nomination for the qfflee of
presidential eleetor-ut-large on the re
publican ticket In accordance with peti
tion filed In your office.
What tbe Acceptance Menus.
By the acceptance of that nomination
at the hands of persons "affiliating with
the republican party" they pledged them
selves to dlscharga their duties, It elected,
by voting for tho candidates for president
gnd vice president who should subse
quently be nominated by the national con
vention of that party, We are all agreed
that any other construction would be far
clenl. When the national convention met
In Chicago It transpired that Mr. Roose
velt was not nominated as tha candidate
of the republican party for president, but
that Mr. Taft became the nominee of thM
convention for president, and Mr. Hher
man became the nominee for vlca presi
dent. They hereby became the candidates
of the republican party for those offices,
and the gentlemen named, having been
nominated on presidential electors upon
the republican ticket, thereby became In
honor bound to vote fqr audi nominees.
l'onnloK u JSr I'wrly.
After the adjournment of the republican
national convention n new national party
won organised, to be known and desig
nated as the progressive party. At a
rational convention of that party, sub
sequently called, Mr- Roosevelt became
tho nomine of tha party for president.
Acting under the statutoa ot this state In
that behalf, more than 600 legal voters,
largely tree from the republican party,
duly organized as a new party in this
state under the said name of the progres
sive party. That convention endorsed the
nomination of Mr, Roosevelt and the plat
form which had been adopted by Its no
tional convention In Chicago, which plat
form, It Is conceded by all parties to this
action. Is In many respects In marked
variance from the platform of the repub
lican parly. The state convention of that
party nominated candidates for the var
ious state office and also nominated
eight presidential electors, six of whom
were Messrs Pease, tlroatch, Flory,
Thorn. Davis ami Johnson. The six rfcn-
tleme'n numed havr not declined such
nomination by the progressive party, but
on the contrary, by their conduct olearly
show that It Is their Intention. It elected.
to vote for the candidates of the progres
sive purty, to wit. Mr. Roosevelt and Mr.
Johnson for president and vice preMdont
respectively. As an attempted Justification
of such action on their part, it was nrgued
by counsel at that bar that, as about M
per cent of the republicans who voted nt
the April primary expressed their pret
erence for Mr. Roosevelt, us a candidate
tor prrsldent, the electors were thereby
In effect Instructed to vote for him at tho
November election, and that In the course
they are pursuing they ate simply carry
ing W those Instructions. It was nlso
said there Is no proof In the record that
either of these gentlemen has declared an
Intention to vote for Mr Roosevelt, lit
this counsel are In error; but, If proof
from witnesses were tacking, the above
declaration by counsel at tho bar clearly
establishes allegation ot tho relator that
such Is their determination.
lultloii Uf th Itelntor.
It Is contended by relator that by this
action on the part of tho gentlemen named,
tho office of each as a candidate upon the
republican ticket for presidential elector
became vacant nnd bin right to remain
upon the republican ticket as a candidate
for presidential elector became forfeited
iw effectually as If he resigned there
from. Vo ore all agreed that this con
tention Is not only founded upon high
moral grounds, but Is also supported by
the clear current of authorities. While a
nomination as a candidate for election to
an office does not make the nominee,
strictly speaking, an officer, he Is In his
relation to the party which placed Its
confidence In Win n qussl officer, and
his duties ore to be measured by that re
lation. In State against Anuefson, IM N. W.
(Iowa). 12. l It Is said; "In Bryan
against Cattell, 15 Iowa, MS. this court
held that In determining whether a va
cancy exists In an- office we are not con
fined to statutory causes, but may de
clare It vacant It It Is Incompatible with
(he offloe held. It Is a Well nettled rule
ot common law, that If a person, while
ocoupylng one of(lce, accepts another In
compatible with tho first he Ipso facto
vacates tho first office, 'and his tlllu
thereto Is thereby terminated without any
other act or proceeding.' (Citing numor
oux cases.) Inn principal difficulty that
bus confronted the courts In canes ot this
kind has been to determlna what constl-'
tutes Incompatibility of offices, and the
consensus of Judicial opinion seems to
be that the question niurt be determined
largely from a consideration of the du
ties uf each, having, In bo doing, a due
regard for tho publlo Interest. It Is gen
erally suld that Incompatibility docH not.
depend upon the Incidents of Uie .office,
es upon physical inability to be engaged
n the duties ot both nt the same time.
Bryan against Cattell, supra. But that
the test of Incompatibility Is whether
thein Is nn Inconsistency In the functions
of the two, its where one In subordinate
to the other 'and subject In some degree
to Its revisory power,' or where the du
ties of the two offices 'are Inherently In
consistent and repugnant.' (Citing coses.)
A Btlll different definition has bann
udoptcd by several courts- It Is held that
Incompatibility In office exists 'where the
nature and duties of tho two offices are
such as to render It Improper, from con
siderations of public Mlcy, for an in
cumbent to retain both.' " 'idtfhifUlum'er.
ous cases,) " "- " '-'
I ('erne uf Incompatibility,
The situation presented 111 the cuke at
bar Is more than one of mere Incompati
bility. Hero the persons who have been
nominated as presidential eleotors, hav
ing, It elected, but n single duty to per
form, viz.: To vote for the cnndldutefl
nominated by the party by whose votes
they wero themselves nominated, openly
declare that they will not perform that
duty, but will vote tor the candidates of
another and distinctly antagonistic party.
This would make performance ot their
duty Impossible, and a Judicial determi
nation of thn existence of a vacancy was,
therefore, unnecessary. The candidates
had, by their own acts, vacated their
places nji republican presidential electors.
This action on their part Ipso facto cre
ated six vacancies on the republican
ticket for electors. These vacancies the
duly recognized republican stato ctntra!
committee had h right to fill, and Its
action In that behalf Is binding not only
on the sorretary of state, but on tho
court as well.
Tuft Mh Tnko Action.
When tho republican state convention
assembled In July It was found to be an
tagonistic to the nominees of the national
convention. Therefore a considerable mi
nority of thn delegates withdrew, arsem-'
bled In another room, organized as a con
vention, endorsed the nominees of the
national convention and selected a state
central committee. A llkn committee was
also selected by the first convention. The
central committee of the second conven
tion set actively to work for tho nomi
nees of the national convention, while
thn other committee devoted Its energies
exclusively to the republican state ticket.
The republican national committee on
September IS, by unanimous vote, re
solved that the second convention noted
"be and Is hereby recognized by the na
tional republican committee as tho regu
lar republican organization of thn state
of Nebraska;" and "that the republican
stato central oommlttee of which Hon.
F. M. Currle Is chairman, and appointed
by the said republican state convention,
be and Is hereby recognized as thn regu
lar republican state central committee ot
the state of Nebraska."
On September 11 the Toft committee, as
we may term It, met and adopted a pre
amble und resolutions declaring that the
six electors Reuse, Rroutch, Flory, Davis,
Thome and Johnson hud since the hold
ing of the primary declared their Inten
tions, respectively, If elected as presiden
tial electors, to voto for tho nomineos of
tho progressive party for president and
vice president, and had thereby repudiated
their allegiance to the republican party,
repudiated and revoked the certificate of
their nomination filed with the secretary
of slate, repudiated their acceptance of
said nomination, nnd had betrayed their
trust as republican presidential electoral
therefore, It was resolved that their right
to "remuln candidates for presidential
electors on the republican ticket ha be
come forfeited and Is terminated nnd va
cated." w Xniiklnatlona Made.
At a later meeting, on September 21,
the committee nominated C. V. Reavls,
George D. Smith, W. H. Kllpatrlck, O. A.
Abbott, Daniel II, Jcnckes and Vac Bur
esh as presidential electors In place of
Pease, Ilrtiatch, Flory, Tliorne, Davis
and Jolinubn. On October ? they presented
to respondent secretary of state, a pe
tition und certificate j( nomination, In
which It was recited tiat Pcuee ft al
had forfeited and vacated their right to
aptienr uon the ballots at the November
election ns republican presidential elec
tors, that by reason of tho premises six
vacancies existed In the list of republican
presidential electors, that Uie committee
had so declared nnd had nominated I
Iteavls et nl to fill such vacancies, nnd
demanded that their names be. by the
secretary, printed on the ballots for tho
November election as republican presi
dential electors. The preambles nnd reso
lutions of the two meetings ot the com
mittee were attached to and made a part
of their petition and certificate. No writ
ten objections to the certificate ot nomi
nation to fill vacancies filed by the com
mit ten wero filed with' the secretary of
stat. In the manner nnd within the time.
required by section HSp, supra. Thn right. '
therefore, of the committee to net
In the premises, Is not questioned. 1
Their demand whs refused by the 1
secretary of state. whereupon re
lators applied to the dlslrjet court
for Itticaster county for a writ ot man
damus to compel him to print the names
of the orons so nominated by tho com
mittee upon thn official ballot, ns lepuh
llcnn presidential electors. On a hearing
before tho three Judges of that court a
writ was awarded as prayed. We aro
now nsked to reverse that Judgment.
Hull Moose rs Itccouiilscil,
At the time the electors were nominated
nt tho April prlmnry there were but two
parties which could hopo to succeed In
electing a, presidential ticket nt the No
vember election. Since the holding of thn
primary nnd since the national conven
tions of these two parties thn progressive
party hns been organized nnd Is now com
peting with tho republican and democrotlo
parties for the election of Its candidate
for president and vlco president, with thn
hope and possibility of Its sucrcedtng In
so doing. We have recognized that party
In Morrlssey against State In a decision
rendered by us October 22, llt The pro
gressive purty, therefore, now has thn
same legal status before the voters ot
this state as either of the other two par
ties. Any voter who desires to cast his
vote for Mr. Roosevelt for president und
for tho other nominees of the progressive
party may do so by making a cross In
the party circle of that party In precincts
where tho voting machine Is not used,
and by a single manipulation of tho lever
of the voting machine where such ma
chines nre used. A voter who desires to
vote for the candidates of tho democratic
party may register his vote In thn same
manner. But, If the decision of the re
spondent bo sustained, no voter oan ro
voto for the candidates upon thn repub
lican ticket. By far the greater number
of voters do not know the various candl
Oaten for doctors, but they do know for
whom they wnnt to voto for president
and vice, president. They have been in
the habit In the past of voting a straight
ticket, and particularly so for presiden
tial electors. It Is rare, Indeed, that a
voter "scratches" that part ef his ticket.
He votes for cntlro strangers about whom
ho has never rend or made Inquiry, be
cause of thn fact that they stand for the
candidates whose election lie desires. To
deprive the voters who desire to vote a
straight republican ticket ot the oppor
tunity of doing so,' and at thn same time
afford such opportunity to the voters of
the other parties named, would be re
pugnant to every sens of honor nnd
would be In deflnnnoe of the Just rule
that Important privileges and partisan
advantages cannot be conferred upon one
class and denied to' another clew by
hampering It with unfair and unnecessary
burdens and restrictlons
Tho right of every voter, by a single
hqross or by one manipulation ot the
lever of a voting machine, to vote a
straight ticket .for thn cnudldatas of his
party, Is guaranteed by sections 12S and
HO, supra. Any attempt, by deception or
otherwise, to derlvo him of that right Is
a violation of both the letter and spirit
of our laws. If such an attempt Is made,
It Is the right of the governing body or
committee ot his party to appeal to the
courts, If necessary, to protect him, and
when It la made to appear that suoh an
attempt Is Intended It Is tho duty of thn
court to prevent It, To permit thn names
of six eleotors, who will not vote for the
cnndldaten of the republican party for
president and vlco president, but will
voto for the candidates of another and
different party to be printed upon the
official1 ballot ns republican electors,
would bo a gross deception, nnd would,
without the possibility of a doubt, cause
thousands of voters In this state to cast
their votes for president and vlco presi
dent for candidates other than their
choice, and other than tho candidates
for whom It Is their desire to vote. We
cannot permit this to be done.
Thn Judgment of the district court Is
therefore affirmed.
REPUBLICAN BOOSTERS
HEAR QANninflTES TALK
II. II. Baldrlge, republican candidate
for congressman, and several candidates
for the stato legislature addressed thn
regular monthly1 meeting of the Repub
llcan Boosters' club last night In Its
rooms In .the Karbach block.
The candidates made their final ap
peals to the voters who will go to the
polls Tuesday and asked that support ot
the full republican ticket from President
Toft down be given.
Nearly 100 men attended the meeting,
which was presided over by Divld L,
Mianahnn.
mUatlttfHMBla
QiraYoMrTHp East
3 Take advantage of tha superior train service maintained by
tha Chicago and North Wtttern Railway.
J5wn fast daily train re la service from Omaha to Chi
cago, each affording
"The Best of Everything"
' SCHEDULES OMAHA TO CHICAGO
Lv.Omibi 12.03 pm
Ar.Cslctr .4Stm
6.00 pa
7.15 m
6J3ptt
flJOtm
J 77m roufe.Is via the Pioneer Line between Chicago and the
Missouri river through picturesque Iowa and Illinois. This
Una Is double tracked and guarded by automatic aafety
slgnals the entire distance.
tlYour arrival in Chicago is at the New Passenger Terminal
of the Chicago and North We stern Railway Me moif modem
rallmay ilallon In th tcorlJ. '
Similar Excellent Train Service Wtilhound
NWtrco
firninRictczsi
CITY READY FOR CONVENTION
Preparations All Made for Nebraska
Teachers' Association Meeting;.
FINE PROGRAM IS PREPARED
From ludlrn tlnns Tenehers Will tie
Kept Busy During Kntlre Week
Keeping tip vrltli Mnuy
tSooil Trent.
Annugenients for the reception of 3,0M
Nebraska, Iowa and South Dakota scho d
tencherM hfre November fi, 7 and 3 are
complete. Among othor things the Unltor.
will bo tnken on thirteen separate ex
curslons to places of Interest In this
city and South Omaha. The will In
In charge of N. M. Oraliam and will ti
as follows: South Omaha stock yau.s
water works. Fort Omaha, smelter mil
O'ltrlen candy factoiy, M. E, Smith nnd
Hon Biscuit company. David Cole's and
Byrnc-Hnmmer', Union Pacific shops and
Alfred Bloom's, Deaf Institute. Paxton
A Vlerllng's nnd gas works, Electric
Light company and street railway com
pany nnd Paxtnn-ttnllaKher, Omnhu.
Structural Sled and Wagner bakery com
panies nnd tho Nebraska Telephone and
court house.
The first day of the convention,
Wodnesday, will be spent In visiting Ut
ility schools, which dismiss Thursday
and Friday. Thursday morning hi D
o'clock tho first general sesnlon will b
held In tho Auditorium, where addresses
will be mndo by J. W. Crnbtreo, Dr
F. M. MCMurry. ur. W. H. Kllpatrlck
mid Dean Uugono Davenport. Thursday
evening Cox'n orchestra will give a thirty
minute concert previous to the address
of V. J. Hryan. The following Is thn
program for thin orchestra
Oriental March (Lulglnl). JCg)Pt!an.
Water Lll) (MacDcrmott-rox). Amerl
Hiiti) 1 h,rlm'n ,H,t trlnK orchestra, wlt'f
Humoreskn (Jornafelt), Flnlandlrh
V,altz (Tschalkovsky). Russian.
Torch Danco (Jones). English.
MrnrtUohi Choir Concert.
Friday evening tho Mendelssohn choir
will nlve a concert nt the Auditorium.
This Is the only appearance ot the Men
delssohn choir this season except Its
three concerts with tho Theodore Thomas
orchestra of Chicago, which will be given
In the Auditorium April tS nnd the aft
ernoon nnd evening of April 29.
The Mcndetnnotm choir program for
the evening of Frldny, November 8, is:
Tsnlm XLIir-Judgo Mn O Clod (Eight
part) Mendelssohn
Open Air Music Departure. The
Nightingale Mendelssohn
ran oong two cupids
A. Wellesley Bntson
Tflft f mIaI-M,, Pt.nl.
, - ..(U,,.
'Arias k
"Bercousn (from "Louise")... ...
Chnrpentlor
"Legend of the Sage" (from "Jug
gler of Notre Dame") Meesenet
"Drinking Hong" (fropi "Paola &
Frnnclcn") Pitt
Marlon Oreen,
dice (Old Engllsh)--(Fva part)-Klgh
no More Ladles (Hhakespeare).Kteveus
Lament (Old Irish) ICmor's Lament for
Cuchulnln (Ancient Melody),.......
i .....Arr. by Batitock
Jacobite Ballad (Old 8cottlsh)-Charlle
la My Darlln'.. Arr. by Lambeth
The Mendelssohn Choir.
Group of Hongs
. "Madrigal" , Florldlp,
"In Tymo ot Oldo" (Jester Clyde)
Bantock
"She Rested by tho Broken Brook"
Colerldge-Taytor
"Auvergnel" (First) GoQdhart
Marlon Oreen.
Part Hong To Night (Four nnd five
part) v , Percy Pitt
Servian Folk Hong livening on tbo
Kava Arr. by Arkhangelsk)'
Latin Hymn Avo Marls atelin...... .
, Rduard Grieg
Part Song (New styleV-On Hlmnluy
(Shellev) Ornnvllln Bantock
The Mendelssohn Choir.
Group of Bongs
"A Banjo Bang" Homer
"Kllllekrankle" Wetxler
"When I was Paso" (Falstaff)..
, Verdi
"Irish Nameri" Hllton-Turney
Marlon Green. "
Motet (Psalm CXXXVH)-Uy Baby
lon's Wave.... , Gounod"
The Mendelssohn Choir.
Accompanist, Martin Bush,
During the three days pf the convention,
scorns of meetings will be held by tho
several divisions of the association. Most
of tho divisional meetings will be held
In the high school auditorium, which hat
Just been completed. Other meetings wilt'
he held In churches, at the Auditorium,
at the city hall and at tho Omaha High.
School ot Commerce.
Here Is a woman who speaks from per-,
rotial "knowledge and long experience;
viz., Mrs. P. II. Brogsn of Wilson, Pa .
who says, "I know from experience that
Chamberlain's Cough Remedy la far su
perior to any other. For croup there
In nothing that excels It." for sale by
alt druggists. Advertisement.
MEN WANTED
Laborers for water main. Apply Andrew
Pollack, flupt., JackHon & McKenile, Kit
Ave. and Hprague Bt.
I
7.SS pat
9.10 sm
JO pin
ll.2Qai
13.40 an
' IJOpn
7.40 sat
B.Opm
Chicago and
North Western Railway
1 40 1 '1403 Famam Slrttl
Omaha, Nd,
1