Newspaper Page Text
THE OMAHA DAILY BEE: FRIDAY, ATOIL 5, 1907.
NEW PRIMARY ELECTION LAW lull Text of tks till m it Wti Fused y L??i1itT)re PROVISIONS FOR NOMINEES AND PLATFORM Candidate to D Chosen by Parties ad Vote la All Instances to He After Declaration of Affiliation. Following- la tba full text of the new state-wlfl primary election law of Ne braska: A bill for an act entitled. "An act to provide for primary elections and to regu late the sains to provtdn for the nonitim Uon of certain candidate for certain ofSces at such primary election; to pro vldi for the election of Mate and county committees of the several political parties; to permit electors to express their choice for United Htates senator and upon pro posed constitutional amendments; to pro vide penalties for the violation of the r revision of this act; to amend section :fi of Cobbev'a Annotated Statutes of Ne braska for lSrffl, and to repeal said original aecUon, and to repeal section 5714, ill. &ri, 6717, 671S, 671. T. ITU. V12. S"0, 5ul, t"Z, btU, 6K.-4. W0, 6W. 6, b, M10. 6SU, bitl, 67. &770, 5771, bTTi, 5779. 6i74. 6775, 6774, of Cohboy's Annotated flt-xtutes of Ne braska; 401 al to 6411 hi. Cobbey's Supple ment for the year inns, as the same now exists, and all acts or part of acta In conflict with the provisions of this act. action 1. Definition and Construction The words and phraaes in thla act shall, unleaa the same be Inconsistent with the context, he construed aa follows: L The word "primary." the primary elec tion provided for by thla act. 1 The word "election," a general city election, aa distinguished from a primary lection. (. Tha words "November election," the general election held In November. 4. The word "preotnet," a district estab tlahed by law within which all qualified electors vote at one polling place. 4. The word "district." a aubdlvlalon of the state or a county or city or village la which all the electors are entitled to participate In tha election of any ono or votes of electors In auch subdivision ex- olualvely. Thla statute shall be liberally construed to that the real will of the electors may nut be defeated by an Informality or failure to comply with nil provlalons of law In ropect to either the giving of any notice or the conducting of the primary or certifying the results thereof. Section S. Candidate, How Tomlnated Hereafter all candidates for elective offices, except those exempted from the provisions of this act, shall be nominated: I. By a primary held In accordance with this aot: or i. By nomination papero signed and filed ' aa provided by statute. 1 Thla aot shall not apply to special elee ' tlona to Bit vacancies, rv r to municipal eleo tlons in ottlea havlnc lesa than K.OOO cop ulations, villages, tewmhtp and adhoot district oftloers, nor to members of smoo! boards nor members of boards of educatltfi. Bectlnn 2a. That Beetlon bWi of Cobbey's Annotated Statutes of Nebraska for 1903 be amended to read aa follows: ''flection 8788. Candidates for public office may be nominated otherwise than by convention, committee or primary meeting In the fol lowing manner: A certificate of nomination containing the name of the candidate for the office to be filled atatlnr the name, residence, business and poatofTtce 'address of the candidate, shall be signed by electors residing In the district or political division In which tha officers to be elected and filed with the clerk of the village, olty or county or with the secretary of state, as the case may be. The number of signa tures shall not be leas than 1,0)0 when the nomination is for an office to be filled by the electors of an entire state, and not less than 200 when the nomination is for ten office to be filled by the electors of the city, county or other division less than the state, and not leas than fifty when the nomination Is for an office to be filled by the electors cf a township, precinct or ward, provided, that the number of sig natures need not In any Instance exceed one-fourth of the total number of voters, when the nomination is for an office to be filled by the electors of a oounty, city, township, precinct, village or ward, and that the signatures need not all be ap pended to One paper, provided further, that candidates nominated under the provisions of this section shall be termed 'Candidates by Petition.' and upon the ballot upon which their names are printed shall be printed after auch names the words 'By Pe tition.' Each elector signing a certificate shall add to hia signature his place of business, hla realdence and address. Cer tlSoatea of nomination for all county, dls trtot or precinct offices, Including members of both branches of the legislature, shall be tiled with the county clerk of the re spective counties wherein the officers are to be elected, and In caae the legislative districts from which auch candidate Is to be elected embraces more than one county, then In that caae the certificate shall be filed w th the oounty clerk or earn county included In such district. Certificates for the nomination of Judire of the district court ahall be niea wjtn tne county cierK of each county embraced In auch judicial district. Certificates of nomination for mu nicipal offices shall be filed with the muni cipal rlerk of auch municipal corporation wherein the officers are to be elected." That Section 5769 of Cobbey's Annotated Stat utes of Nebraska aa heretofore existing end the same la hereby reDealed. section s. rrunanes. wnsn ana wnsre Jasld 1. There shall be a primary elec tion held at ths regular polllns? place In each preolnct on ths first Tuesday In Sep tember, 1947, al annually thereafter on tha first Tuesday In September, for the Domination of all candidates, except those exempted from the provisions of this act, to be voted for at the November electa n, and United States senator, and said day shaii be the first day for the registration of voters la all cills where registration Is required. 1 Any primary other than that provided for above shall be held on Tuesday, four weeks before Un elections, except lr cities of ths metropolitan class and cities of the first class having over 2&.00O Inhabitants wherein It shall be held on Tuesday, five weeks before he day of the election. Beottea 4, Motioe of Primaries, How Olven At least sixty (60) days before the holding of any September primary the governor shall Issue his proclamation desig nating all the offices to be filled by the ' vote of all the electors of the state or by those of any congressional, legislative or judicial district, and transmit a copy thereof by moll to ths oounty clerk of each county. 2. Upon receipt of such proclamation said clerk shall, within ten (10) days thereafter, lu&ke and publish a notice of such primary In manner and form substantially as now provided by law for notices of November election, and all persona to whom said notices may be by said county clerk de livered, lhall post and publish the same In the name manner as ths notices for general election. S. In case of city elections the city clerk shall poet such notices at the regular pol ling place In each precinct, such posting to be not more than twenty (20) and not less than ten (10) days before auch primary election. IwUoi 6. 1. Homlnatlon Papers How Prepared and- Strad. The name or ni candidate ahull be printed upon an official rrlmary ballot unless at least thirty (3u days prior to such primary, either he or twenty-five qualified electors of the party With which said candidate affiliates shall have filed a written application with the proper authority In substantially the fol lnvlnc form: I (or we), the undersigned, qualified eW-otor (or qualified electors) of preolnct (or ward) of .. county r cltyV In the state of 'Nebraska, affili ating with the party and residing at hereby request that my (or the rami of ) name be placed upon the official primary ballot of the saM party for the primary election to be held on the day of In as a candi date for the office of and I pledge myself to abide by the results of said pri mary election and qualify if elected. In rtuie a nomination ahall be made by electors otlwr than ths candidate, said nominee ahall within five days after the date said certificate shall - filed with the officer, el . tnrtient In writing rl'ily verified under oath stating that he aril lis tea with Health- Economy Cdumdf J v Poudcr the party named In said certificate, that be wiil sblde hy the results of said pri mary and If elected will qualify linl serve as such officer. In case sslil statement shall not be filed within five days the name of the candidate In the petition shall not be placed upon the iflmary ballot. I A political party within the meaning of this act shall be such an assemblage or orsanlsntlon of electors as Is by law ''"'BRft1 IL B'.!rh. a. At the Snntemher nrlmary In l?", and every four years thereafter, there eMail be nominated ny eacn political pariy orm .mi dldate for presidential elector In each of the eonrresHlnnal districts within the state. and two candidates for presid-ntial electors at larite. Candidates for presidential eieo ois shall file nomination papers as re quired of candidates for nomination for sisie offices. Sect ion 6. Nomination papers, wners Piled All nomination pupeis shall be filed as follows: 1. For oltliers elective in more tnau one county. In the office of the secretary of 'ate. , .. 2. For officers to be voted for wnony within one county, except city officers. In the office of the county clerk of such county. J. For city officers. In ths office of the city clerk. B action T. Posting or names ox now dates At least twenty-five (25) days bo fore any primary preceding a gnnfirnl elec tion, the secretary of state shall transmit to Mrh roiintv c lerk a certified list contain.. Ing the name and postofflce rulflress of each person for whom nomination papers nave been filed In his office, and entitled to he voted for at such primary, together with a designation of the office for which he is a candidate, and the party or principle he represents. . Buch clerk shall forthwith upon receipt thereof make public tinder the proper party designation, the title of each office, the names and addresses of all persons for whom nomination papers have been filed, the date of the primary, the hours during which the poll" will be opened, and that the primary will be held at the regular polling place In each precinct. Such clerk shall cause copies of the same to be posted In at least one public place In each precinct In his county, designating therein the location of the polling booth In ench election precinct. Section a. Primary Election Ballots The method of voting at such primary election shall be by ballot, and all bailot voted shall tie printed aa herein provided. Un the fourteenth day before the primary election the county clerk, or city clerk in the case of city election, shall group ths candidates for each party by themselves. Including those candidates certified to him by the secretary of slate, and shall prepaie at once, In writing, a separate ballot for each party for public Inspection, which he shall post In a conspicuous place In his office, these ballots to be prepared in the following manner: The official primary ballot shall be printed and provided for substantially as Is re quired by law for official ballots used at November elections, provided, however, that a separate ballot shall be prepared for each political party entitled to participate In said primary, and provided further that said ballots ahall all be uniform In size, color and quality of paper, and in arrange ment and style of printing. There shall be no printing on the back of the ballots, or any mark to distinguish them but the signature of the Judge or clerk. ' Section 9. The names of the candidates for each office shall be arranged upon the ballot alphabetically according to sur names and under appropriate headings designating each official position, provided however, ihls section shall not apply to primary elections held In counties having more than 120,000 Inhabitants. action 10. Hotlcs and Place of Primary Elections The primary election shall le held In each election district at the place where the last election was held, or such Other place as may be lawfully deslgnatod for the polling place for the election dis trict, and shall be held at the place where registration of voters occurs for the eleo tlon next ensuing In cities where registra tion is required. Section 11. Expenses of Primary, How Paid All ballots, blanks and other sup plies to be used at any primary, and all expenses necessarily Incurred In the prepa ration for or conducting such primary, shall be paid out of the treasury of the city or county, as the case may be, In the same manner, with like effect, and by the same officers aa In the case of elections. Beetlon 12. Prior to the filing of such pe tition, and for the purpose of helping to defrav the expenses of such primary, there shall bs paid to the county treasurer for the use of the general fund of the county of the candidate's residence, or on behalf of each candidate, a filing fee as follows: For ths office of United States senator, i0; for state officers, members of congress and Judges of the district court. Sift; for county, legislative and city offices, 15. No , nom inating paper shall be filed until the proper county treasurer's receipt showing the pay ment of such filing fee shall be presented to the officer with whom such nominating paper is to be filed. No filing fee shall be required from candidates for regents of the State university or presidential electors. Section 13. Polls, When Open 1. At the f rlinary elections held under this act for lie November election In cities where regis tration is required, the polls shall be open at eight (b) oclock a. m., and closed at nine (9i o'clock In the evening. In all other places and at primary elections at all other times when a primary election la held, polls shall be open at twelve (12) o'clock m., and remain open until nine (SO o'clock in the evening. But If the judges and clerks shall not attend at the hour of open. Ing, or If it shall be necessary for the electors present to appoint judges or clerks, ir any of them, the polls may then be Opened at any time before the time for closing them shall arrive, as ths caae may require. . 1. If at the hour of closing there are any electors In the polling place or in line at the door, desiring to vote, and who are I quiiiiuea iu fvaiiier anu parucif taie inerein ana nave uoi Deun h Die 10 no so since an. pea ring at the polling plnce, said polls shall be kept open reasonably long enough after the hour for closing to allow those present st that hour to register and vote. No one coming after the hour of nine (9) p. m. shall be entitled to register and vote because the polls may not actually be Closed when he arlves. Section 14. The county board shall provide a sufficient number of ballot boxes with a sufficient number of locks and keys, at the expenaa of the county, for the several pre cincts or districts within which the primary election Is to be held. Section 15. That sections 5,816 5,17 and 5,618 of Oobbey's Annotated Statutes of Nebraska, for tha year 190S, are hereby made applicable to primary elections held under this act. ' All primaries shall be presided over by the same Judges and clerks of election now provided by law to preside over general electlona during the time for which they were so appointed, and said Judges and clerks shall receive for their services at such primary, the same compensation as It prescribed by law for judges and clerks of November election. . Section Id. The. ballots cast at anv pri mary election shall be counted and the re. sulls returned to the county elerk In man. ner and form provided by law relating to general electlona Section 17. Any qualified elector de siring to vote at any primary election held under ths provisions of this act shall he entitled to participate In such primary elec. I tlon upon presenting himself at the polling I place where he Is entitled to vote; but he j shall not be entitled to receive a primary 1 ballot, or be entitled to vote aa such nri. mary election, until he shall have first stated to the Judges of sstd primary elec- tion what political party he affiliates with. Section IS. In cities where registration Is by law required, no voter mail receive a primary ballot or be entitled to vote, until he shall have first been duly registered as a voter In the manner nrescrlhed hv la w I provided that In cities where registration is ny law requiren. no elector snail he per mitted to vote, unless he be a first voter, or shall have moved Into the precinct since th last preceding day of registration. For the purpose of providing a sys tem of registration of party affilia tion. It shall be the duty of of the mayor and city council of each dry wherein registration Is required, to provide In the regi.trallon books used for the pur pose of registering persona who are quali fied to vote at the next general election space for the registration of all ersons who may deslrs to participate In any prl irarv election. Such space fchall be pro vided In sa'd registration books Immediately following the last perpendicular ruled col umn In such hooka and shall be headed aa follows: 'Party affiliation." It shall be the doty of the supervisors of such regulnr registration to auk each person who applies to tie registered the question: "What po litical party do you desire to affiliate wlthf And the name of the political party clven by suoh party so spplylng to be rglsered shall be recorded In the column provul l In such registration books for that ptr-pose. In caae any party aprlvlng does not desire to state his party affiliation, he ahall not be required to do so. nor ahall his failure to do so act ss a bar to his registration for the purpose of voting at any election other than a primary election, but shall dbar hlin from voting at any primary election. If the right of such person to vote re not challenged one of the Judges of said pri mary election shall then hand him s ballot of the political party which he affiliates with, which said ballot shall be endorsed with the signature of two of the Judges op-m the tark at the bottom edge. otion IS. Cballengljag Toters If the right of such person to vote te challenged, one of the Judges of said election shall then propound to such person the questions pro v;ded for in s--o:ion 5'.'S of (Vhbey's Anno, lufcd R'atutes of Nebraska for the year 1", required by section to he prouaumlei to a voter at a general election whan chal- enged. and hi addition thereto the Judge shall propound the following questions: 1. tVhal political party do you affiliate with ? t. IK) yon Intend to support ths candi dates of such political rsrtv. or a majority of them, at the next election! S. lr the challenge p not tnen nier mlncd In favor of such person by the Judges of said primary election and be not with drawn, he sl-.a.!! not bs allowed to v;tn until he shall have taken the following oath: "Ton do solemnly swear (or affirm) that you are a cltlsen of the t'nlted States (or tisre declared your Intention to become such), that you have been an Inhabitant of the state of Nebraska for the last six months and of the county or - ror m Isst ffirttr Avm tnrl nf this precinct for the Inst ten days; that you have attained the ss-e nf n vra to tha best of your knowledge: that politically you affiliate with the party, and that you intend 10 sup port the candidates of said party at tne coming election." . 3. Jt shall he tne outy or tne citr- nM Alartlnn tn svrltA st the end Of SUch person's name "sworn." Said voter shall then be allowed to vote the ticket of the party which he affiliates with. A judge or such primary eiec.iion sonu Instruct the voter that he Is to vote for his choice for each office, using onlv the ballot of the party with which he affiliates, and that ha must return the ballot with the edges folded upon which are the signa tures of the Judges uppermost. Section 20 t'pon any person, entitled to vote at nnv primary election stating me name of the political party with which he affiliates the clerks of said primary election hull thereupon, after the name of the per son voting, write tne name or sucn i lltlcnl party In the column cf the poll booK prepared for that purpose. Section 21 The citv clerk of each city wherein a registration pf voters Is required t.v int ahsii im mrt in tol v after each regis tration day compile an alphabetical list of the voters or ea.cn of the political panics m each precinct In such city, and within five davs after each day of registration he shall f iTiis fn th ha Irrnnn nr secretary of each political commltlee of his city snd county a certified copy of such lists, and also keep the same acceseioie io puunu Inspection. He shall also, on the day of the primary, furnish to the officers of the primary election In each pre cinct, a certified copy of snch lists for ths purpose of determining whether or not any person who desires to vote at such primary whs registered st the last registration as affiliating with ths party the ballot of which he desires to vote at such primary. When the elector has prepared his ballot he shall fold the same with the edges upon which sre the signatures of the Judges uppermost, snd so folded so ss to conceal the face thereof and all marks thereon, and hand the same to the Judge of the primary election who Is In charge of the ballot box. Beetlon 83. Challsngers The partv com mittee of each party may appoint. In writing, one party agent or representative), with an alternate for each, who shall act os challengers for their respective parties or elements therein. The light of any per son to vote at a primary may be challenged upon the same ground, and his right to vote be determined In the same manner as at an election. action 83. Canvass of Totss Canvass of votes cast shall, except aa herein otherwise provided, be made In the same manner and by ths same officers as the canvass of an election. The party commit teeman of the precinct In a precinct can vass, the chairman or secretary of the county committee in a county canvass, and of the state committee In a state canvass, or some duly appointed agent to represent each party, shall be allowed to.be present and observe the proceedings. 2. The county canvass of the returns of autumn primary ahall be made by the same officers In the manner provided by law for the canvass of the returns of general elec tion. The canvassers shall meet at 10 o'clock on the Friday following the Sep tember primary and canvass such returns. Their returns shall contain the whole num ber of votes for each candidate of each political party, and a duplicate to each po litical party shall be delivered to the county chairman "of such party. 8. The canvassers shall also make an ad ditional duplicate return In the same form aa provided In sutdlvlslon I. showing the votes cast for each candidate and voted for wholly within the limits of the county. The county clerk shall send to the secre tary of stte. bv registered mall, one com plete copy of all returns aa to such can didates, and he shall likewise send to the chairmen of the state central committee of each partv a duplicate copy of the returns last described relating to such candidates of each such party. Section 84. State Board of Canvasssrs, How Constituted and Governed The board of canvassers provided by law to canvass returns of a general election shall constitute the state board of canvassers of September primaries, and all the provisions of law relating io me uut ' turn of a general election shall, as far as applicable, apply to ths canvass, return and certification to the secretary of state of such primary. 6uch board shall meet at ths office of the secretary of state at 10 o'clock s. m. on the second Tuesday suc ceeding the September primary. Section 88. Party Candidates The per son receiving the greatest number of votes at a primary as the candidate of a party for an office shall be the candidate of that party for such office and his name as such candidate shall be placed on the official ballot at the following election. 2 As soon as the state canvass of a pri mary ohall be certified to him the secretary of state shall make a certified statement of the result of such primary as to candi dates for state officers and members In congress, and any other candidates whose district extends beyond the limits of a single oounty, and shall mall to the ohalr man of the state central committee of each party so much of such certificate as ro tates to his party. S Not less than fourteen days before any November election the secretary of state shall certify to the county clerk of each county within which any of the electors mav vote for the candidates for such offices the name ana aeacripiion oi men imnun nominated for any such office as specified In the nomination papers. Section 86. City Board of Canvassers, Quorum, Meetings, When Held The can nr the returns of a city primary shall 'be made by the mayor, the city clerk and the treaaurer or sucn cny, ny iwo ui whom shall constitute a quorum. 8uch board of canvassers shall meet at 11 o'clock in the forenoon of ths second day follow ing the city primary and canvaas the vote substantially as provided In sections 22, 23 and U of this act. They shall make and certify duplicate returns as to ths votes cast for the candidates and forthwith cer tify and file one complete return with the city clerk. Section W. Whenever a candidate for any office under the primary law desires a re count of the votes he shall within three dnye after the canvassing board has com pleted Its count file with ths canvassing board an affidavit requesting and setting forth his reaaons for requesting tne same, lie shall also state In said affidavit the names of the other candidates whose votes he desires recounted. Upon filing such affidavits the canvassing board shall, within one dav thereafter, proceed to recount the votes for the candidates named in ths sff'davlts filed In the above manner. Pro vided that no candidates shall be entitled to a recount of the votes by such can vassing boaud cast for any candidate when It appears to said canvassing board that the vote for such candidate is sufficiently large that the recount of the me would r.ot result In the nomination of the affiant Provhled further, that this provision does not apply to the rights of ths affiant in seeking a recount in cuun. Section 27. Vacancies occurring upon any party ticket after the holding of any pri mary shall be filled by a majority vote of i the parly commiiiee or ine cny. aisirici, county or state, aa the case may be and a i certificate of such nomination shall be filed I aa required by section 6 "74 of Cobbey's Annotated Statutes of 1904. i 'cotton 88. Party Committees At 2 I o'clock p. m. on the second Saturday sue : ceedlng the general primary in lm7. and 'annually thereafter, at such hour and day, ! the nominees of the respective parties for ' county officers In each county, shall meet at the office of the secretary of the county committee of their respective parties, and shall elect a county central committee, I composed of not less than one member for i each election precinct lr the county. Such i committee ahall serve until their successors I are chosen in like manner preceding the j next general election for such offices. Section 89. Congressional and Jadlelal ' Committees The candidates of th re I spectlve parties for the office of Judge of the district court and members of cong'tss, I shall have the right to appoint a chairman. secretary and treaaurer and campaign committee for such Judicial and congres sional district, respectively, of not less than one number for each oounty In the district. If there shall be more than one ludve to be elected in any district, all the candidates of each respective party shall be en'ltled to participate In the election of the officers and committee of the party of which they are nominees, and for that purpose It shall be the duty of the chairman of the Judicial committee of each party, to fix the time and placo of a meeting of the candldat-s of his party to select such committee and to notify the candidates thereof. In ample time to attend such meeting to be held nit earlier than the second Saturday next suc ceeding the primary election at which they were chosen. Such committee shall serve until their succesaors are chosen In like manner preceding the next general election for such office. Section Si. rwh committee shall have the power to elect a chairman, v'c chairman, secretary and treasurer, and each such committee snd its officers shall have the power iiMially exe-cis-d hv su.h commit ters, and by ths officers thereof. Insofar as is cousiatrnt wth thla .set The va-'ous officers aud committees nuw in existence shall exercise the powers and perform the duties herein prescribed until their sue oessors are chosen in accordance with this act. At all meetings of such city and county committees, each member thereof shall have one vote only. The duties of the chairman or secretary of any commit tee may be performed by members of such committee selected by them. Any vacancy In any committee office shall bs filled In ths oie mniirier ss tnat in which such officer was originally chosen. Section 81. Ths first Saturday after ths primary eleotlon the nominees for county officers shall meet at the county seat of the respective counties In this state, and by a msjorlty vote therof select one com mitteeman from each township or precinct In said county, and within one week there after said committeemen so selected shall meet and elect a chairman of the county central committee of his respective party and at said time shall elect one delegate wno shall meet with like delegates chosen In the same war from each county In the state at the capltol at 12 o'clock, meridian. On the fourth Tuesday In September, 1907, and annually thereafter on the fourth Tues day In September; and said delegates shall forthwith formulate ths state platform of their party and select a state central com mittee composed of one member for each senator elected from each senatorial dis trict, and said commutes so elected shall select Its chairman end secretary. The plat form of each party shall be framed at such time and ahall be made public, not later than o'clock In ths afternoon of the following day. Section S3. Miscellaneous Provisions 1. In case of a tie vote, the tie shall forth with be determined by lot of the canvassers. Authority and Jurisdiction are hereby voated In the county court and In the Judges thereof In vacation, to hear and determine primary eleitlon oonteets, as to county, olty or precinct officers. When any petition to contest a primary election shall be filed In tho office of the clerk of the county court within twenty-four hours after the board of canvassers has made Its return, said petition shall forthwith be presented to the Judge thereof, who shall note thereon the day of presentation, and shall note thereon the day when he will hear the same, which shall not be more than five days thereafter, and shall order Issuance of summons to each defendant named In the petition. 2. Summons shall forthwith Issue to each defendant named In the petition and shall be served in the same manner as is pro vided in cases in chancery. The case may be heard and determined by the county court in term time, or by the Judge thereof In vacHtk-u, at any time not less than two days after service of process and shall havo preference In the order of hearing to all other cases. The petitioner shall give security for all costs. - 1 If In the opinion of the court In which the petition Is filed, the grounds for contest alleged are insufficient In law, the petition shall be dismissed. If the grounds alleged In the jietltlon are sufficient, ths court shall proceed in a summary manner, and may hear evidence, examine the returns, re count the ballots, and make such orders and enter such Judig.men.ts ss Justice may require. The court shall hear and deter mine the case within two weeks of the fil ing of the petition. Immediately upon rendering Judgment In any such corneal. It shall be the duty of the county Judge to at once certify the Judgment to the county clerk, who ahall cause to be printed on the official ballots the name or names of those whom Such county court shall have so decided to have bexm nominated at such primary, and any appeal taken from such Judgment of the county court shall not act as a supersedeas to prevent the ox'unty clerk from so doing. Section 33. It shall be the duty of the fie rotary of stats and attorney general, on or before July 1, 19u7, to prepare all forms necessary to carry out the provisions of this act, which forms shall be substantially followed In all primaries held in pursuance thereof. Such forms shall be printed with ooples of this act for public use and dis tribution. Section S3. Any person entitled to vote at a primary election shall, on the day of such election, be entitled to absent himself from any service or employment In which he la then engaged or employed, for a period of two hxiurs between the time of opening and closing the polls, and such voter shall not, because of so absenting himself, be llabls to any penalty nor shall any deduction be made, on account of such absence, from his usual salary or wages; provided, however, that application for such leavs of absence shall be made prior to the day of the primary. The employer may specify the hours during which the employe may absent himself. Section 36. At the general primary elec tion next preceding any general election at which, any constitutional amendment shall by law be required to be submitted to the electors of he state. It shall be the duty of the secretary of state at the same time that he shall ceriry the names of oaradldates for stats officers to tha county clerks, likewise to "certify to such county clerks any such amendment or amendments to be submitted at the general election. end It shall be ths duty of the county clerks to cause to bo printed In the primary election ballots of all political parties tho question of suoh constitutional amendments in tho same manner and form as they are required to be printed on the official general election ballots, and such elector may de clare hlmsAlf in favor of or against any such amendments the same as at such general election. The election boards in the various preclncta shall make returns of the number of votes In favor cf and against any such amendment, to the county olerk at the same time and In tha same manner as upon candidates for nomination, and such returns shall be canvamed by tha county canvassing boards with other re turns, and tha county clerks shall make returns to the secretary of sate of the votes upon such amendments with the other returns of this act. Buch returns shall be canvassed by the state canvassing board, and If a majority of the electors of any party voting upon such amendment shall declare In favor of or against any such amendment, such declara tion shall be considered rs a portion of the ticket of such party and shall be so certi fied by him to ths various county clerks. Section 8t. Delegates to national conven tions of the various political parties shall be selected at a stats or state and con gressional conventions composed of dele gates chosen in such manner as may be determined by the state committees of each respective party; provided, that the delegates to suoh states or state and con gressional conventions snail oe apportioned by such committees to the several counties upon the vote cast at the lost election for elecKirs for president and vice president In ths respective counties, snd provided further, that each county shall be entitled to at leaat one delegate In such convention or conventions. Section 37. Penal Provisions It shall bo unlawful for any person to falsely per sonate and vote under the name of any other person or Intentionally vote without the right so to do; to wilfully or wrong- I fully obstruct or prevent others from vot ing who have the right so to do. at such I nrlmary election: fraudulently or wrong fully deposit In the ballot box, or take therefrom, any official primary ballot, or commit any fraud or wrong tending to de feat ths result of a primary election; give or agree to give to any qualified voter at any primary election held under the pro visions of this act, any money or valuahls thing as a consideration for his vote for any person to bs voted for st said primary election: accept or receive any valuable thing as consideration for his vote for any person to be voted for at said primary election; oner to accept ana receive, or ac cept and receive, any money or valuable thing In consideration of his filing or agree ing to file, or not tiling or agreeing not to file, nomination papers for himself as a candidate for nomination at any primary election; offer to accept or receive any money, or accept or receive, money or valuable thing, in consideration of his with drawing his nams as a candidate for nomi nation at such primary election. Any person who shall offer, or with knowledge of the same permit any person to offer for his benefit any bribe to a voter to Induce hlin to sign any election or nom ination paper, or any person who shall ac cept any such brOnt or promise of gain of any kind In tha natura of a bribe aa a con sideration for signing the same, whether such bribe or promise of gain In the nature of a bribe be offered or accepted before or after such signing, or any person who shall sign more nomination petitions than there are positions to fill In sny kind of offices, shall be guilty of a misdemeanor. Any person committing any of the acta herein declared unlawful shall be deemed guilty of a misdemeanor and upon convlo tlun thereof be punished by Imprisonment In the county jail not less than one nor niore than six months. 1 Any act declared an offense by ths general laws of this stats concerning cau cuses and elections shall also In like case, be an offense in all prlmariea and shall be punished In the same form and manner as therein provided, and all the penalties and provisions of ths law as to such cau cuses and elections, except as otherwise provided, shall apply In such caae with equal force, and to ths same extent as trough fully set forth In this act. I Any person wno shall forgs any nomi nation paper shall be deemed guilty of fora-ery. and on conviction punished ao cordlngly. Any persons who, being In roest-sslon of nomination papers entitled to he filed under this act, or any act of the legislature, shall wrongfully slther sup press, neglect, or wilfully fall to cause to f nled at the proper time In ths proper of fice, shall on conviction, be punished by Imprisonment In the oounty Jail not to exceed six months, or by a fine not to ea rned five hundred dollars (Iboi.OO) or both by such fine and Imprisonment in the dis cretion of tha court. Section Oeneral Election Ltwi so Apply Tho provisions of the siatutes row In force In relation to the holding of elections, vi. e auucuauun vs wide vw SSaBvBvEvaBvlvlvBvBv V7f ,U , i ' ; 'HA Boys' $1.00 K 'VlU Ail-Wool J f KNICKFR- I I BOCKF.R I 1 BLOOMERS 1 -,v or Straiflht ( S Knee Pants NEW EXCLUSIVE MODELS Boys' Novelty Spring Suits The New Russian Blouse Style The New Sailor Dlouse Styles All mother's who appreciate distinctive high class apparel will be delighted with the hundreds of new models we show plain fabrics, checks or plaids suits that satisfy you at Just the price you want to pay at 184.108.40.206-5.&.50-7.50 nranaeis aells the Best f AO Boys'Shoes in Omaha for l.JO BRANDEIS Boston Store polls, the challenging- of voters, the manner of conducting elections, of counting the bal lots and making returns thereofT and all other kindred subjects, except contests, shall apply to all primaries Insofar as they are consistent with this act, ths In tent of this act being to pines ths primary under ths regulation and protection of the laws now In force as to elections. Section 39. All nominations for candidates of any political party for office to be filled at a special election or any other ofllce to be filled by the electors, excepted from the provisions of this act, shall be nominated by a convention or com mittee of their political party, which nomination shall bs in writing, shall contain the name of the office for which each person was nominated, ths name and residence of each person and, if In a city, the street, number of residence, and place of business, If any, and ahall desig nate In not more than five words, the party which said convention or committee represents. . It shall be signed . by a presiding officer and the secre tary of such convention or committee, whs) shall add to' their signatures their respec tive places of business and take an oath before a qualified officer to administer ths sams. that ths affiants were such offi cers at such convention or committee, and that said certificate; and ths statements therein contained, are true to the beat of their knowledge and belief. Such certificate of nomination of candidates for office to be filled by the voters of ths entire state, or any division or district greater than a county, Including candidates for congress or any party action taken relative to any proposed constitutional amendment, shall ne filed with the secretary of state, ex cept as In this act otherwise provided. Such certificate of nomination for all county, district, township or precinct offices. Including memr? of both branches of ths legislature, n Xie filed with the county clerk of the respective counties wherein the officers are to be elected, snd In case the legislative districts from which ths candidate Is to be elected embraces mors than one county, then and In that case, the certificate shall be filed with ths county clerk of esch oounty Included In such district; certificates for nomination of tha Judge of the district court shall be filed with ths secretary of state; certifi cates for nomination of municipal officers shall Im filed with the clerk of such mu nicipal corporation wherein the officers are to be elected. It is the Intention that the manner Dte vlried In this section for ths nomination of officers named herein, by a convention or committee, shall apply only where such officers are to be chosen at a special elec tion, township or precinct officers to be elected at a general election or village officers or members of school boards not members of boards of education. Section 40 'When nominations are made by a convention or committee, aa provided for In section 89 of this set. ths certifi cates of nomination to bs filed with ths secretary of stats shall be filed not less than twenty-five days before the day fixed by law for the election of the persons In nomination, and ths certificates of nomina tion herein directed to be filed with county clerk shall be filed not less than twenty davs befors election, and the certificates of nomination herein directed to be filed with the municipal clerk shall be filed not less than fifteen dsys before election. Certifi cates of nomination for a new party may be filed with the secretary of state or the county or municipal clerk twenty-five or twenty or fifteen days before the election, as the case may ro,ulri. Section 41 Whenever any person nomt nntrd for public office, as In this act pro vided, shall at least fifteen days before election notlfv the officers with whom the original certificate of nomination was filed or If nominated at a primary election, as In this act provided, snd ths office for which he was nominated was an o flics to be voted for in, more than one county, the secretary of state, and If to be voted for In one county alone, the county clerk of the county where such office Is to be voted, or If a municipal office ths clerk of the city or vlllsse, by a statement In writing by him and duly acknowledged that he de clines the nomination, the sams shall -be void and his name shall not be printed upon the ballots, but no such declination shall be received after the time above specified. The officer to whom such notification Is given shall forthwith Inform,, by mall or otherwise, on or more persons whnss names are attached to the original certifi cate of nomination (provided he was nomi nated by a convention or committee), or If nominated at a primary election, as pro vided for In this act, the chairman or sec retary of ths campaign or J-arty committes of his political party, If there bs one. and If not, at least tnree of the prominent mem bers of bis political party in the state, that he has declined sucn nomination by mail ing or delivering to them personally notice of such fact, snd three days shall be given such party committee or convention to Dominate a person to fill such vacancy. Section 42 All certificates of nomination or nomination statements which are In ap parent conformity with the provisions of this set shall be deemed to be valid unless objections thereto shall be duly made In writing within three days after the filing of the stuns. In case suun objection Is made notice thereof shall forthwith be mailed to all cand'datss who mav be affected thereby, addressed to them at their re spective places of resldencs as given In the certificate of nomination or In the nomination affidavits of such persona on file In that office. Objections v ta the use of party name may alo be made and passed upon In tha sams manner as otuecilona to certificates and nomination Statements. Ths officer with whom the original cer tificate was filed, or who made an affidavit to the orlginnl nominating statement, shall. In ths first Instance, pass upon ths validity of such cbjectlon. and his decision shall bs final, unless an order shall Pe mads lu the matter hy a county court, or by a judga of ths district court, or by a Justice of ths supreme court at chambers, on or before thi- second Wednesday preceding the elec tion. Such order may be mude summarily upon application of any party Interested, and upon such notice as the court or Judge may require. TUe decision of the seqieiaxy BIG FRIDAY SALE In Our Newly Enlarged and Homelike Dept., Devoted to . 5 BOYS' clothes! Secand This U the boys' clothlnK store that mother's like to visit because It offers every comfort and convenience. J It also chows the very latest styles in boys' wear at satla- 2 factory prices. Coys' $4 ee and Norfolk and Russian and Double breasted styles handsomely tailored in rics many erbocker trousers sold u) everywhere and $4, at . Ball or Bat fl or Catchers jiW Glove W ) FREE!! If With Every Boy's Suit Boys' HEAVY HOSE pair, at . . . 15c i sa and sV.jU of state, or the order of the Judge or su preme court Justice revising such decision, shall be binding on all other county, mu nicipal or other officers with whom cer tificates of nomination are filed. Section 48. In case of a division of any party, the secretary of state shall give th preference of party name to the convention held at the time and place designated in the call of the regularly constituted party authorities, snd If the other faction or fac tions shall present no other party name, the secretary of state shall select a name or title and place the same on the ballot before the list of candidates of said faction. The sctlon of the preceding national convention of such party, regularly called, shall determine the action of the secretary of state, or the court in Its decision. The secretary of state may be compelled by peremptory order of mandamus proceed ings, to perform his duty Jn this regard. Section 44. No person shall be entitled to or allowed to file a nomination certificate as provided for In this act, or to have his name placed upon a primary election ballot for any primary election to be held, un less 4be political party which -he states in said affidavit he affiliates with, polled at the last election before the primary elec tion to bs hsld, at least 1 per cent of tha entire vote In the stats, county or subdivis ion or district for which he seeks the nomination for office In. sotlon 40. I. Electors May Torm a Vsw srty They shall not adopt the name of any old political party or any word forming a , irt of such name. In order to form a m party there shall be present at a mass convention electors to the number of at least five hundred. (500) In a state conven tion, one hundred (100) In a congressional district or county convention, or twenty five (26) In any precinct, city, village or ward convention, except In cities or coun ties having a population of fifty thousand (60,000) or more, at least two hundred (200) shall be required to Dartlclpate. 1 Such ' convention snail adopt a party nams and electors at least to ths number respectively above mentioned, and electors to at least the number speclfiel shall sign an agreement to form such new party and support Its nominees at the next election. and upon filing such written agreement with ths secretary of state, county, city, or village clerk, as ths case may be, to gether with an affidavit of some qualified elector that he saw all of the persons whose names are signed to such agreement MEW FEB laT nSSJI V". 1 I I A. I i ui'r. . Wick Blue Flame Oil Ccolt-Slove is unequaled. It gives quick results because its heat is highly concentrated. Cuts f uel-expensa in two. Made in three sizes. Every 6tove warranted. If not at your deal er's write to our nearest axr all-round household use. Made of brass throughout and beautifully nickeled. Perfectly constructed; absolutely safe; unexcelled in light-giving; power; an ornament to any room. Every lamp warranted. If not at your dealer's, write to our nearest agency. STANDARD OIL COMPANY lunwarsiui - Floor Old Store Pants Suits, I H n M M plain and mixed lab- with Knick- 98 sold $3.80 at Boys' Furnishings Dept. Second Floor Boys' Dlavck Sixteen 39c Boys' Chambr&y yf Blouse, at ....C H H a n M ; M M Boys Duster . Drown COLLARS Doys Leather KNEE CAPS Slightly Soiled, at 5c pair, at ... I9c n 5 OMAHA subscribe the same and he verily believe them all to be qualified electors. Such new party shall be entitled to hsve a sep arate party ballot at ths next primary election held thereafter, provided that its candidates for nomination shall be re quired to file nomination papers signed by at least 60 per cent of those who subscribed the agreement to form such new party. Section 47. 'When the name of a candi date appears on a petition presented by a political party or members thereof with the required number of signers and It Is expressly stated In said petition that the candidate Is a candidate of two or more parties, each of which shall be entitled to nominate a candidate, then It ahall be the duty of the officer making up the ballot to place the name of such candidate or candidates upon the ballot In the same manner as now provided for In th general election law for ballots at the general election. Section 48. Th secretary of state shall cause to be preserved in his office for tha period of one (1) year a copy of all nomi nating statements and certificates of nomi nation filed .therein., under the pvoylelone of this act,, snd each county ana municipal clerk Shall cause to be preserved in his office for the period of two (2) years, all nominating statements and certificates of nomination filed therein undor tha provisions of this act. All . such nominating statements and certifi cates shall, at all reasonable hours, be open to public Inspection. Section 4. That sections 6T14, 6716, 6716. 6717, 6718, 6719. 5;a, 6721, 6722, 6no, 5n1, 6802, Saoj, 604, 6Hi. 607, 60. 6te, 6810, 6S1L 6767. 67ti8, 6770, 6771, 6772,. 6773, 6774, 6776, 6776. of Cobbey's annotated statutes of Nebraska of the years 1903, 6811al to 6811hl Cobbey s supplement for the year 1906, ss the same now exlet, and all acts or parts of acts In conflict with the provisions of this act, be and the some are hereby repealed. Wreck In Indian Territory. BARTL,E8VILX.E. I. T., April 4. South bound Missouri, Kansas & Texas passenger train No. 21 ran into an open switch In this city early today and crashed Into a string of freight cars on a siding. Several per sons were badly shaken up, but none was seriously hurt. The accident la believed to have been caused by train wreckers. Th switch light had been broken and was out and the switch had been turned. It means the hottest and cleanest flame produced by any stove. This is the flame the New Perfection Oil Stove gives the instant a Eghted match is ap pued no delay, no trouble, no soot, no dirt. For cooking, tho agency. best p lor mam J. DR. r.lcGREW$R03 WILL CURE YOU for u PAY WnAT YOU CAN and betfa yw treatment now. Men. I have a treatment especially adapted to all your allmenta; SI years' experience makes It possible for tat to cure where all others fall I & years U Omsba. Treatment by mall. Office hours all day to C:30 p. m. Boa day, t to 1. Call or write. Box 766. Of tic, lit &outb VouxtwSAUi St.,' Oznahji, Kth