120 Neb. 297 | Neb. | 1930
This is a summary proceeding before a justice of the supreme court under section 2119, Comp. St. 1922, as amended by section 3, ch. 108, Laws 1925, and now known as section 32-1129, Comp. St. 1929. The relator, claiming to be Fred Johnson of Greeley county, on July 3, 1930, duly filed his application to be put upon the official republican
On the hearing before a justice of this court all the parties were represented by counsel. It was strongly urged that no applicant for a place on the party ballot at a- primary election can, under the statutes as now existing, withdraw within less than 30 days prior to such election. The opinions of the various attorneys general of the state from 1907, when the general primary law was enacted, to the present have consistently held that such withdrawals may be made at any time before the lists are certified by the secretary of state. The statutes are rather confusing and I do> not find it necessary to a decision of the case to decide that point here. It may be that this and other needed clarifications of the primary laws will be made by the legislature’ before this particular point must be considered and decided. There is another ground which is decisive of this contest.
The evidence on this hearing shows that the relator’s-real and true name is not Fred Johnson, but his first name is Arthur, and his real and true name is Arthur Fred Johnson or Arthur F. Johnson or A. Fred Johnson; that when,, on July 3, 1930, he filed with the secretary of state his receipt for his filing fee, his affidavit and his application to have his name, therein represented to be Fred Johnson, placed upon the official ballot for the primary election as a
It may also be said that, in the proceeding here, we are not bound by nor limited to the evidence taken before the secretary of state. There, as we understand, the phases •of the objections presented here relating to the deceptive elision of a part of relator’s name and the facts learned when the withdrawal was offered were not permitted to be gone into because it was not deemed necessary by the secretary of state in the view he took of the matters relating to the withdrawal. These matters were competent here and are clearly decisive.
The judgment of the respondent was right in excluding the name of Fred Johnson of Greeley county from the list certified.