Winnett v. Adams

• Decision Date: 05 May 1904
• Docket Number: 13,386
• Citation: 99 N.W. 681,71 Neb. 817
• Parties: HUDSON J. WINNETT ET AL., APPELLANTS, v. GEORGE A. ADAMS ET AL., APPELLEES
• Court: Nebraska Supreme Court

99 N.W. 681

71 Neb. 817

HUDSON J. WINNETT ET AL., APPELLANTS, v. GEORGE A. ADAMS ET AL., APPELLEES

No. 13,386

Supreme Court of Nebraska

May 5, 1904

APPEAL from the district court for Lancaster county: EDWARD P HOLMES, JUDGE. Affirmed.

AFFIRMED.

Hall & Marlay, for appellants.

Billingsley & Greene, contra.

ALBERT C. GLANVILLE, C., concurs. SEDGWICK, J., concurring in the conclusion.

OPINION

ALBERT, C.

This is a suit for relief by injunction, brought on the 19th day of May, 1902. As the only question in the case is, whether the facts stated in the petition are sufficient to constitute grounds for equitable relief, it will be necessary to examine the petition at some length. Omitting the formal parts, and some matters not necessary to an understanding of the case, the petition is as follows:

"The plaintiffs complain of the defendants and say that the defendant George A. Adams is the chairman of the republican county central committee of Lancaster county, and that the said Walter L. Dawson is secretary of said committee, and the defendants Frank A. Graham, Julius Dietrich, George H. Moore Stanley Wicks, Howard L. Beatty, William Lawlor, James Stevenson, Charles W. Spears, William A. Green, Andrew G. Billmeyer, John S. Bishop, Dominick G. Courtney, William A. Leese, Edwin R. Mockett, Alva L. Pound, James H. Valentine, Victor Seymour, Lee J. Dunn, William J. Blystone, Charles B. Capron, J. H. Amos and Harry G. Abbott are members of such central committee, representing the several precincts of the several wards in the city of Lincoln in said county; that said republican county central committee consists of 20 members from the city of Lincoln and its various precincts, and that there are 32 members of said central committee from the various country precincts in said county; that the country precincts are represented on said central committee as follows:" (Here follows a list of the members from the country precincts.) There being in all 52 members from both city and country precincts of said county central committee. That it requires a majority of said members to adopt any rules or regulations for the governing of primary elections to be held in said county. That said republican county central committee is the governing authority of the republican party within said county and in said several precincts and wards of said city, within the meaning of chapter 27 of the laws of 1899, being sections 125a to 125l, chapter 26, Compiled Statutes, 1901, (Annotated Statutes, 5800-5811).

"That the plaintiffs herein are republicans and qualified electors of the city of Lincoln, Lancaster county, Nebraska, and as such the said Hudson J. Winnett is a candidate for the nomination of the republican party of said county of Lancaster for the office of state senator; and that Orlando W. Webster and William B. Linch are candidates for the nomination of the republican party of said county for the house of representatives of the Nebraska legislature, and are seeking nomination to said respective offices at the hands of the republican county convention of Lancaster county, Nebraska, and intend, if nominated by said convention, to run for said offices at the general election to be held on the . . . . day of November, 1902; and as such candidates for said respective offices they desire to submit their names to the qualified republican voters of said several precincts and wards in said city and to submit to the qualified republican voters of said wards, and each precinct thereof, a list of delegates to the regular republican county convention of the republican party, in their respective interests and favorable to their nominations for said respective offices.

"That the regular county convention of said republican party in said county, for the purpose of making nominations to be voted upon at said regular election, is fixed to be held at the city of Lincoln, aforesaid, on Wednesday, the 21st day of May, 1902; and that the regular primary election of said party within said county is set for Tuesday, the 20th day of May, 1902, at which election delegates are to be chosen to take part in said county convention. That such primary election in said several precincts of said several wards in the city of Lincoln will be under the control and supervision of said defendants, respectively, as chairman, secretary and committeemen, as aforesaid; that the said George A. Adams as chairman of said central committee, by and under the rules of practice governing said primary, is to print the ballot to be voted upon at such primary election and have full and complete charge of the preparation and distribution thereof.

"And the plaintiffs further say that the said defendants and each of them unlawfully, wrongfully and fraudulently, and for the purpose of preventing these plaintiffs from submitting a list of delegates favorable to them and their interests in each of said precincts, and for the purpose of preventing said qualified republican electors in said several precincts from voting upon a proposed list of delegates favorable to each of said plaintiffs herein for said offices for which they are candidates, are threatening, and are about to put in force and apply a pretended rule or regulation, alleged to have been adopted by said central committee, in words and figures following, to wit:

"'All ballots shall be printed by the chairman of the county central committee. Nothing shall be placed upon the ballot except the list of delegates selected at the caucus, the names of the candidates, and at the top of the ballot shall be printed "Official Ballot," and between the names of the delegates sufficient space shall be left in which to write a name or names, other than those printed on the ballot, and at the top of such ballot shall be printed a circle, so that, if desired by the voter, the whole list of delegates may be voted for by one mark; those that neglect to make said mark shall not invalidate such ballot, but the vote will be counted for the delegates unscratched. Said list of delegates shall be printed on plain white paper.

"'Provided that, in such voting precincts as may have two or more candidates contesting for the delegates to the county convention, said candidates may submit their respective tickets to the primary election for settlement, and not be bound by the caucus rule. Said tickets shall be certified to the secretary of the county central committee by the committeemen of the precincts and printed by the chairman of the county central committee, but said agreement between the candidates shall not operate to prevent holding a caucus, if the committeeman sees fit so to do, and the caucus ticket shall also be printed by the chairman of the county central committee. The tickets presented by the candidates shall be printed the same as in sec. 4. All of said candidates shall file with the secretary of the county central committee a written statement of their agreement as to the tickets to be used at the primary. And the name of the office for which the candidate is running shall be placed thereon; also the name of the nominees selected by the caucus, whether he resides in that...