Gc ^- Lj

978.2

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V.12

Ser.2.v.7

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C5E:n^ALOGY COl^LECTI

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Gr. 97B.2 N27p v. 12, Ber. 2, v. 7
Nebraska State Historical.

SOC lETY .

f-'ubl-icatioms cdf the nebraska
State Historical Society

OLIVER PERRY MASON

PATRIOT. PIONEER. JURIST
Horn May 13, 181^9, at Brooktield, New York.
Ou-d Aiiu-ust 17. 1891. at Lincoln, Nebraska. Settled
at Nebraska City in 1855 Member of both Houses of
the I.e<^islature. and President of the Council Provost-
Martial of the District for Nebraska, and Colonel in
I lie State Militia. First Chief Justice, Secretary of
the Hoard of Transportation. Lecturer on Medical
.lurisprudence in the State University. Constitution
maker. 18(511. iSTl.

OKKICIAL REPORT

OF THE

DEBATES AND PKOCBEDINGS

IN THE

NEBRASKA CONSTITUTIONAL CONVENTION

Assembled in Lincoln, June Thirteenth, 1871

VOL. 11

From the original shorthand notes of John T. Bell, John Hall, Dan Erown
and John Gray. Prepared for printer (1871) by Guy A. Brown, Clerk o
the Supreme Court of Nebraska.

Revised, edited and indexed for publication (1907) by

ADDISON E. SHELDON

Director of Field Work, Nebraska vState Historical Society

Published by the Nebraska State Historical Society pursuant to resolution
of the Twenty-ninth Session of the Nebraska Leg-i'^lature.

Volume Twelve, Nebraska Stnte Historical Society Publications
■ (HnrIum^ V5t=?fTf)

)Ljlk

^a

T. E. Sedgwick, York. Nebraska

1237392

NEBRASKA STATE HISTORICAL SOCIETY

, EXECUTIVE BOARD
ELECTED MEMBERS

President — Dr. Georg-e L. Miller Omaha

1st Vice President— Robei-t Harvey. ....... St. Paul

2nd Vice President — Hon. J. E. North Columbus

Secretary — Clarence S. Paine Lincoln

Treasurer — S. L. Geisthardt Lincoln

EX-OFFICIO MEMBERS

Governor of Nebraska Hon. Georg-e L. Sheldon

Chancellor State University E. Benjamin Andrews

Head Department American History, Nebraska State

University Prof. H. W. Caldwell

President State Press Ass'n Henry C. Richmond, Fremont

OFFICE STAFF

Clarence S. Paine Secretary

Addison E. Sheldon

Director of Field Work and Legislative Reference De-
partment.

Wm. E. Hannan Assistant

E. E. Blackman . Archeologist

Minnie P. Knotts . Librarian

STATED MEETINGS

Annual meeting of the Society, Second Tuesday in January.
Meeting of the Executive Board, First Tuesday after Second
Monday in January, April, July, October.

PREKACE TO VOL. II

The first vqlunie of Nebraska Constitutional Conventions is
just from the press and laid upon the desks of the members of the
thirtieth session of the Nebraska legislature. Its reception has been
generous and funds seem assured for the completion of the series.
The prospect now is that four volumes will be required.

It has been found impracticable to send proofs to surviving
members of the convention and await their return before printing
Instead, every living member will be sent a copy of each volume, as
soon as printed, with earnest solicitation for corrections and recol-
lections suggested by its perusal. These will be gathered into notes
in the final volume.

Part of the plan for these volumes is to illustrate them with a
complete set of portraits of the members of the constitutional con-
vention. Besides these, there will be illustrations of the early
Nebraska Capitol and a few other characteristic early pictures.
These are being gathered for use in the volumes which will follow.

The band of survivors of 1871 has grown smaller while proofs
were being read. Since work began upon these volumes there have
gone from our midst James M. Woolworth, and James E. Boyd, of
Douglas county; John Wilson, of Johnson county; Alfred L. Sprague,
of feaunders county; Beach I. Hinman, of Lincoln county. The fol-
lowing is the list of the living members with their present address

Othman A. Abbott, Grand Island.

John C. Campbell, Tabor, Iowa.

John N. Cassell, Aurora.

Pelham S. Gibbs, Tekamah.

Nathan K. Griggs, Lincoln.

Edwin N. Grenell, Ft. Calhoun.

Isaac S. Hascall, Omaha.

J. A. Kenaston, East Chattanooga, Tenn.

PREFACE TO VOL. II

James Kilburn, Lincoln.

George B. Lake, Omaha.

Charles F. Mauderson, Omaha.

James E. Phil pott, Lincoln.

Charles A. Speice, Columbus.

Alexander S. Stewart, Hot Springs, S. D.

George H. Thummel, Omaha.

Edwin S. Towle, Falls City.

Eleazer Wakeley, Omaha.

It is forty years ago today since, the last conditions com-
plied with, the proclamation of President Andrew Johnson made
Nebraska one of the sisterhood of states. What memories are
stirred by the fact! Even as I write comes a delegation from the
legislative halls below to these rooms for material to draft res-
olutions commemorating the event. Four decades! Who dare
forecast Nebraska four centuries hence?

LEGISLATIVE REFERENCE ROOMS ADDISON E. SHELDON.

STATE CAPITOL

March 1, 1907.

NEBRASKA CONSTITUTIONAL

CONVtNIION

OF 187 L

VOL. II

TWENTY-SEVENTH DAY.

The Convention met at nine o'clock
and was called to order by the presi-
dent.

Prayer.

Prayer was offered by the chaplain,
as follows:

God of all grace, permit us still to
look to thee for help, to look to thee
for deliverance from sin, teach us
that we may praise the name that
is most excellent. Bless America
with all the influences that make a
nation strong and great. Win us
from the evil, confirm us in the good,
make all our many millions one band
of loyal souls, we pray. Amen.

Reading of the Journal.

The journal of the previous day
read and approved.

Committee of the Whole.

Mr. SCOFIELD. Mr. President.
I move . that the convention go into
committee of the whole for the pur-
pose of considering the article re-
ported by the special committee, in

reference to public buildings.

The motion was agreed to, so the
Convention went into Committee of
the whole — Mr. Gray in the chair.

The CHAIRMAN. The secretary
will read the report.

Public Buildings.

The secretary read the report as
follows:

"The special committee to whom
was referred the report of the Stand-
ing Committee on State Institutions
and Public Buildings, together with
the several amendments proposed
thereto, respectfully report, that It
has had the subject under consider-
ation and submit the following, and
ask that it be embodied in the con-
stitution.

Sec. 1. A superintendent of
public buildings and a Land Commis-
sioner shall be elected at the first
general election provided for in this
constitution and at the general elec-
tion every two years thereafter, and
these officers together with the Secre-
tary of State, the Treasurer and the
Attorney General shall have the su-
pervision and control of all the pub-

STATE LAND COMMISSIONER

Wednesday]

MAXWELL-HASCALL-SPRAGUE

[July 26

lie buildings, institutions, grounds
and lands of the state subject to such
rules and regulations as may be
prescribed by law. And your com-
mittee further recommends that the
same be mad-^ a part of the Article
on executive.'*

Mr. SCOFIELD. Mr. Chairman.
I move the adoption of the first sec-
tion.

Mr. MAXWELL. Mr. Chairman.
It seems to me the duties ought to
be prescribed if a superintendent of
public buildings is elected, we had
better give him the entire charge of
the public buildings. I propose an
amendment to that effect.

Mr. HASCALL. Mr. Chairman.
The section as presented is objection-
able. You are to create two new of-
ficers and confer upon them no
more duties to perform than are con-
ferred upon the remainder of the
board acting jointly with them.
There should be gome provision that
would allow duties to be conferred
upon these two officers additional to
the duties to be performed by the
board itself. It says, true, that they
shall have control subject to regula-
tions to be made by law; these regu-
lations to be made by law applies to
the whole board collectively. It seems
to me the correct way would be that
we should create two officers, then
leave it to the legislature to confer up-
on these officers such duties as they
may see fit, and at the same time
make other members of the board
to act in conjunction with these
other ofTlcers that are part of the
state officials.

Mr. SPRAGUE. I do not propose
to occupy much time but I must say,

for one, that 1 am decidedly opposed
to mixing up our school matters with
the other officers of state. I think
it is sufficiently important to have a
set of officers for itself. Experience
has proven, that if you pile upon the
other officers of the state the busi-
ness of looking after the educational
interests of the state they will be
neglected.

Now, sir, for one, I believe that the
educational interests of the state
should be fostered and have officers
to have the matter in charge who
are peculiarly adapted for that pur-
pose. I am opposed to mixing up
this with other interests of the state.
I much prefer the provision which
was adopted in the consideration of
the report of the committee on edu-
cation, that we leave it to the state
superintendent and state officers as
may be placed on that board. There
is another reason why I op.pose this
report. It is that this state land
commissioner is to have these duties
imposed upon him. Now, if he at-
tend to the land business alone, he
will have all he can do. Hence, I am
opposed to putting on him the bur-
den of looking after state buildings,
and I think that department should
be kept entirely separate from the
other, and for these reasons I shall
oppose the report made by the com-
mittee.

Mr. WOOLWORTH. As a mem-
ber of the select committee to which
this matter was referred, I feel a de-
sire to say a few words. I think
when the report as made, comes to
be understood by the convention, the
difficulties which have been suggested
by the gentleman from Cass and the

STATE LAND COMMISSIONER

Wednesday]

WOOLWORTH

[July 26

gentleman from Saunders, and per-
haps the gentleman from Douglas
will appear to be obviated. And I
will say at the outset, that the ob-
jection made by the gentleman from
Saunders does not exist at all; be-
c^urc It is not proposed that either
the board, that is provided for in this
report, or either one of the oflBcers
vviio are lo be created by the report
we have sent in shall have the charge
-of the educational interests of the
.state, so far as the management of
the schools are concerned. Now,
there were a great many conflicting
views in the committee when we set
out together to settle upon this plan.
But upon one matter there was no
disagreement: there was no disagree-
ment that there ought to be one
"board, or set of oflicers or officer, as
the convention should finally decide
upon, who should have charge of
schools as institutions of public in-
struction: and that there should be
another board or set of oflacers or
officer, as the convention should fi-
nally agree upon, who should have
charge of the school lands as well
as the other public lands: and that
these two boards or sets of officers or
officer should be entirely separate
and distinct. , On that subject, I say,
there was no disagreement in the
committee. Now, as I understand
the gentleman from Saunders, he
objects to the report because it
brings under the board that is pro-
posed to be created by the proposed
article, the care and management of
the schools as institutions of instruc-
tion. That is not designed at all. So
far as, — and I will say by waj' of
passing, what my view now is al-

though I have had some difficulty in
reaching a conclusion, I am in favor
of incorporating an article that shall
provide that there should be a board
of education, to be composed of tie
superintendent of public instruction,
as its presiding officer, and five, sev-
en or more gentlemen selected from
the state at large; and provide in the
constitution that those gentlemen
shall render their service without
any compensation whatever, except
simply their necessary, actual expen-
ses, and I think the convention has
agreed, measurably at any rate, to
leave this matter to the legislature.
I should prefer to have that provis-
ion incorporated in the constitution.
That is not, however, the matter be-
fore us now. I merely wished to
state my views to show that this re-
port of this committee is not open to
the objections urged by the gentle-
man from Saunders.

Now, sir, it was among other-
things that were considerably debat-
ed in this committee, pretty well
agreed and understood that there
should be one officer, whose sole and
exclusive duty it should be to take
care of the lands of the state. We
disagreed at first, with reference to
putting in his charge all the lands of
the state: that is the lands given for
i public improvement in the state,
such as penitentiary and university:
and at the same time the lands in the
IGth and 3Gth sections. But we
agreed that there ought to be one
man who should have charge of all
the lands of the state. Then the
question was whether this officer
should be left altogether free to man-
age these public lands without super-

10

STATE LAND COMMISSIONER

Wednesday]

WOOLWORTH

[July 26

vision by any other oflacers, or some
other ofiicers to be associated with
him, to have some general care of
the matter along with him. And it
was finally agreed fn the committee
that it was better to select one man
and elect him by name, as a land
commissioner, or agent, or whatever
you may please to call him; one of-
ficer who should be selected and
named to have charge of all these
lands; and that there should be as-
sociated with him the state officers
who would measurably, be charged
with these landed interests. So that
one man would not have this im-
mense domain in his charge to man-
age, dispose of, or account for, with-
out having someone to look after him.
And I think that answers the objec-
tion of my colleague from Douglas.
And I think it shows that the plan
adopted by the committee in respect
to these officers is a fair, and just
and practical one. And right here
let me say that I do not think that
the objection of the gentleman from
Cass is well founded — that these du-
ties of these different officers, and
of the board, should be distinctly laid
dpwn in the constitution. I certainly
do not think it possible to do it,
with all the precautions and checks,
and care that it would be necessary
to explain. I can say to the gentle-
man from Cass that had he been in
that committee and listened to that
discussion, which was greatly pro-
tracted, he would have seen that it
was impossible, in the constitution,
to advance any plan of organization
that should go at all into detail. The
committee thought it was better, in
fact, they thought that the only way

that could be done was to trust the
details to the legislature.

Now this is all I think it is neces-
sary to say with reference to the land
commissioner and the board. There
was much debate and doubt as to the
creation of an officer who should be
called the Superintendent of Public
Buildings. At one time the commit-
tee agreed among themselves to
trust this matter to the state officers;
but upon more mature reflectipn they
thought it was better to create him
and surround him by the same
guards, and leave the prescription of
his duties and the duties of the
board created by this proposed ar-
ticle to the legislature. So I need not
go over that matter.

Now, as to the necessity for this
officer. We are to remember that,
first there are to be erected very-
considerable public buildings in the
state — a penitentiary, and the dif-
ferent benevolent asylums of the
state; the deaf and dumb asylum,
the insane asylum, and so on. This
building might be called the blind
asylum, but I refer now to the asy-
lum for the blind (laughter). Here
are these buildings to be erected in
the first place, and then they are to
be looked after. The matter of re-
:-dirs, the matter of insurance, the
matter of prevention of fires, by
proper precautions — all these mat-
ters ought to be in the charge of
some person who will be held ac-
countable for them. So the commit-
tee thought, on the whole, it was bet-
ter to create this officer, and put him,
as land commissioner, under the gen-
eral direction of this board and let
the legislature prescribe the duties.

HASCALL'S AMENDMENT

11

Wednesday]

HASCALL— ESTABROOK

[July 26

both of the board ^nd this oflacer. I
am glad to say that no member of the
committee came with any pre-con-
ceived ideas which he was determin-
ed to crowd through, but all seemed
willing to advise with the others,
and the committee are prepared to
accept any amendments which would
improve it; but the committee reach-
ed, at last, the conclusion that this
report, as presented, was about the
best thing they could do. They agreed
however, that it would be desirable,
if the convention saw fit to provide
that these two officers, or one, if only
one is provided for, should be incor-
porated with the state officers, should
give bonds and be subject to the
same responsibilities as the state of-
ficers. The salary should be fixed
and then the article should state this
should be the only officer having to
do with this matter.

Mr. HASCALL. Mr. Chairman. It
is not to the whole section I object.
It is because I think the section is
not enough to carry out the full idea,
I have prepared an amendment which
I would have added to the end of the
section.

The section as drawn, as I under-
stand it, aims at the joint action of
these two officers in connection with
jothers as I understand it, the land
commissioner should have an office
and perform duties independent of
this board. Here is my amendment:

The superintendent of public
buildings, and the land commissioner
'shall each perform such duties ad-
ditional to the duties above described
as shall be provided by law.

The CHAIRMAN. The question is
upon the amendment offered by the

gentleman from Douglas (Mr, Has-

call.)

Mr. ESTABROOK. Mr. Chairman.
The provision in the section as re-
ported provides that all these officers
shall perform these duties. It seems
to me this covers the whole ground.
The CHAIRMAN. If the gentle-
man will wait, I will read a portion
of the section, together with the
amendment of the gentleman from
Douglas (Mr. Hascall.)

A superintendent of public build-
ings and a land commissioner shall
be elected at the first general elec-
tion provided for in this constitution
and at the general election every
two years thereafter, and the secretary
of state, the treasurer and the attor-
ney general, shall have the supervis-
ion and control of all the public
buildings, institutions, grounds and
lands of the state, subject to such
rul-^s and regulations as may be pre-
scribed by law.

The ammendment adds: "The su-
nerintendent of public buildings and
the land commissioner shall each
perform such duties additional to the
duties above prescribed, such duties
as shall be prescribed by law."

Mr. ESTABROOK. It seems to me
that the amendment is entirely need-
less. It is simply to provide that
each of these officers shall perform
those duties which the legislature
shall provide. It seems to me that is
sufficiently reached in the section
reported. We have here three com-
mittees whose duties require them
to consider these subjects or subjects
of like bearing, the committee on
schools, the committee on public
buildings and the committee on
lands, other than school lands.
Each of these committees has
conceived, that a board or some
part of a board was necessary to per-

12 BOARD OF PUBLIC LANDS AND BUILDINGS

Wednesday]

EST A BROOK

I July 26

form those particular duties which
they had in charge. Now when all
of these reports come to be consider-
ed before this convention, it was
thought to be of suflBcient import-
ance for the convention to order a
reconsideration by the committees
of the subject and inquire whether
all these interests had not better be
combined on one board. Now, wheth-
er this is best or not, is not for me to
say. I think it is. Then we should
consider what kind of a board is nec-
essary? I think that the board
should consist of an added member,
so that there should always be a ma-
jority to determine question^. I think
it is best it should consist of as many
as five. I presume it would not be
necessary for a greater number. It
has been suggested with a good deal
of plausibility that there should be
a board consisting, perhaps, of five
members, possibly with the superin-
tendent of public institutions at its
head, possibly the lieut. governor at
the head; one member to be elected
from each judicial district, but if all
these interests be combined, we con-
clude that about 5 is all that is need-
ed and the necessity of electing one
from each judicial district should be
done away with. It seems to me,
speaking for myself, that this fixes the
matter about right, to elect two and
then make up a board with state
officers. The board should have one
of its members to have oversight of
the lands of the state. This is the
most important interest in the state.
I presume it is a more important in-
terest even than that which will be
under the charge of the governor be-
■cause the school lands alone, will

reach the value of many millions of
dollars. Hence there should be one
ofHcer, who, from the name given
him, should be indicated as the of-
ficer who stands at the head of that
bureau, to be responsible for the
manner in which these interests were
cared for. Then too, in looking all :
around and viewing all the interests
involved it seemed to some of the
committee and finally, I think, to all
of them, that there was sufficient
demand for one officer on public
buildings and grounds. You can look
out at that window today and see the
need of such an officer now. Why
those high weeds? Why are not
these grounds kept in decent order?
Are all the public buildings insured?
Have they all got proper out houses?
Are the ashes properly taken care
of and all these guards against fire
seen to? Besides these there are a
thousand and one little things in-j
cidental to the care of the public
buildings; hence we say there should
be two officers elected outside of
the usual number of officers already
provided for. Well, what other in-
terests are involved in the work of
this board? There is a large amount
of money to be handled and it will
be necessary to have a treasurer. It
was thought by the committee that
to give the treasurer elected by the
people these duties and make him
responsible for the care of these mon-
ies would be the best plan. Another
interest to be considered, was the law
questions that should grow out of
the performance of the duties of the
board, then you need a law officer
connected with it, and hence we in-
clude the attorney general, and

MAXWELL'S SUBSTITUTE

13

Wednesday]

ESTABROOK-MAXWELL

[July 26

then you will need an oflScei* to take
charge of the records of their pro-
ceedings and we thought it should
be one who has a vault for the safe
keeping of records. Then it did seem
to me as an individual that when we
had provided for all these we had
all that was necessary to comprise
this board. It may be said that the
time may come when the commis-
sioner of lands would have no par-
ticular duties to perform, but recol-
lect he is a member of the board, and
individual advice will be taken as to
the manner of making sales and giv-
ing in all the business connected with
with the board. Now then if that
board so constituted does not fill the
bill and come up to the ideas of those
■who voted for having this matter
sent back I have to acknowledge that
I am incompetent to devise anything
that will suit. Now, as for myself,
I suggested in the report of the com-
mittee on education, I have suggest-
ed the election of a superintendent of
public instruction, you may have in
this office a man fully competent
for such office, but who is entirely
unfit to have charge of the monetary
interests of the state in any particular;
and, hence, I had no hesitation when
this board was suggested to drop this
officer and leave him in his own de-
partment. Then, too, it had been
suggested that the governor should
be a member of this board. I think
It would be bringing the executive
officer of the state down from the
dignity which properly belongs to
that officer to have him engage in all
these duties. It seems to me that to
leave him to enjoy the dignity of his
position, standing outside of any of

these boards, having general super-
vision of them all, is better. And
now to the question of duties. It
seems to me that the last clause of
this report reaches the entire neces-
sities of the case: They shall per-
form such duties as shall be prescrib-
ed by law. The designation of each
one of the board indicates the duties
they will have to perform.

Mr. MAXWELL. Now, Mr. Chair-
man, I think we are all in favor of
electing a land commissioner to take
exclusive control of the lands of the
state and I think also an officer to take
charge of public buildings. I have
prepared a substitute which I will
offer for the report of the commit-
tee; it reads as follows:

"There shall be elected at the first
election under this constitution a
land commissioner who shall have
charge and dispose of in the manner
provided by law all the lands owned
bv the state, and shall give bond to
the state in the sum of $100,000.00
and shall receive a salary of $1,800.-
00 per annum.

"There shall also be elected at the
first election under this constitution
a superintendent of public buildings
who shall have charge of all public
buildings and grounds owned by the
state and of the erection and repair
of the same in the mode provided by
law; who shall not be interested in
any contract relating to the same
and shall give bonds to the state for
the sum of $100,000.00 and shall re-
ceive a salary of $1,800.00 per an-
num.

Now, Mr. Chairman, we are pro-
posing to create new officers, and if
so why not prescribe their duties as
we do in other departments? If we
are to have a land commissioner
who is to have charge of the public
lands, why associate with him other

L4

COM. PUBLIC LANDS AND BUILDINGS

Wednesday ]

NEWSOM-LAKE

[July 26

Officers who have other duties for
which they are elected? I say elect
a man alone for these duties and give
sufficient salary to secure a compe-
ent man. Now then as to the super-
intendent of public buildings, is not
it better, Mr. Chairman, to trust this
matter in the hands of one mar.
elected for that special purpose?
there is nothing to be gained by as-
pociating with him the attorney gene-
ral, state treasurer or any other of-
ficers. I trust therefore that we will
cf ate but one officer for each of
these duties.

The CHAIRMAN. The question
is on the substitute of the gentle-
man from Cass (Mr. Maxwell.)

Mr. NEWSOM. Mr. Chairman. To
some extent I am in favor of the Idea
of the gentleman from Cass. My ob-
jection to the report of the com-
mittee is that it is a blending of au-
thority. There is no individual re-
sponsibility. This whole board is re-
sponsible for the management. I
like the substitute better, because it
makes individuals responsible, and
I think if he would add to his substi-
tute, that these officers shall consti-
tute a board which shall have a gene-
ral supervision of this matter. I
desire that the land cjmmissioner
shall be independent of all other
officers, but there must be someone
behind him to whom he shall be
responsible for the faithful discharge
of his duties.

Mr. LAKE. Mr. Chairman. I
like the substitute offered by the
gentleman from Cass (Mr. Maxwell)
better than the report of the com-
mittee. It seems to me it would be

strange to elect an officer, for in-
stance, a land commissioner, and re-
quire him to give bonds for the faith-
ful discharge of his duties, make
him answerable to the state for the
manner in which those duties are
performed, and at the same time
make him subservient to the dictation
of two or three other individuals,
who have really no interest such as
he has in the performance of those
duties. The land commissioner is
required to give bond for the sum
of $20,000 for the faithful discharge
of the duties of his office, the people
of the state generally will look to
him as the responsible person, one
who is answerable for the manner
in which duties are performed, and
still through the dictation and con-
trol of these several other officers,
his plans and desires may be injured
in every instance. I think it far. bet-
ter that some responsible person
shall be elected for the purpose of
each one of these several duties, re-
quire him to give ample bonds for the
faithful discharge of the duties which
may be devolved upon him by law,
then there will be no difficulty as to
who should be held responsible for
the way in which the duties of that
office are performed. In case of the
disagreement between these several
officers as to the transaction of any
duty, must not the board be called
together for the purpose of passing
upon every question which may
arise? Can the land commissioner
perform a single duty under this pro-
vision of the constitution without the
approbation of all the other mem-
bers of the board? Will they not
be required to act in conjunction In

COM. PUBLIC LANDS AND BUILDINGS

15

Wednesday]

LAKE-HASCALL

respect to every question which may
arise? Will it not be an unwieldy
board? It seems to me we should
find responsibility shirked from one
to another and finally no responsi-
bility anywhere. We elect a state
treasurer, who has duties to perform,
which are as burdensome, as respon-
sible, as important to the people of
the state as any duty which can be
devolved upon either one of these
new officers which it is proposed to
create, a land coimmissioner, or a
state house commissioner. If it is
not necessary to provide an advisory
hoard with respect to the duties of
treasurer, why with respect to the
land commissioner? I can see no
reason why he should be thus con-
trolled in his every action more
than the treasurer, both are acting
under the authority of law, both are
carrying out the will of the legis-
lature as expressed in legislative en-
actments. The duties of each are
-clear and distinct, and each one of
these officers individually should be
held responsible for the faithful per-
formance of those duties. It seems
to me the farthest we should go
would be to create an advisory board,
not a board of control, one which
could be called upon to advise in
respect to any matter which the leg-
islature in their judgment may see
fit to place within the range "of du-
ties of these several officers, which
may be called upon to act in conjunc-
tion with the land commissioner
or commissioner of public buildings,
but you allow the attorney general,
treasurer and auditor or a majority
of them to have an absolute control
■over another state officer, an officer

elected by the people of the state
at large, and who is required indivi-
dually to give a large bond for the
faithful performance of the duties of
the office to which he is elected. I
say it would be unjust. The indi-
vidual who gives the bond should
control the office, at least where there
is a difference of opinion, the man
who is responsible should control the
matter. I much prefer the substi-
tute to the original proposition. I
think that it will be far better m
practice than the original proposition.
I think it will be far better in prac-
tice. By the scheme which he pro-
poses there will be a head to each
of these departments, an individual
to whom the people will look in all
time for the purpose of ascertain-
ing what has been done. The per-
son to whom they can refer is a re-
sponsible person, and responsibility,
under the plan he proposes, may not
be shirked from the shoulders of one
to the shoulders of the other, render-
ing it impossible to find out who is
responsible for any action which
may be had.

Mr. HASCALL. Mr. Chairman. I
wish to answer a few remarks made
by my colleague (Mr. Estabrook)
with regard to the true meaning
of this section as reported by the
committee. In the first place they go
on and create two officers, a land com-
missioner and superintendent of pub-
lic buildings. The gentleman says,
I refer you to their names. Now I
contend there is nothing in a name,
and I have good authority for it,
we have a celebrated author who said
there was nothing In a name. Sec-
ondly, I refer to it to refute the gen-

1(J

COM. PUBLIC LANDS AND BUILDINGS

Wednesday]

HASCALL-WOOLWORTH

[July 26

tlenian's argument. It is time we call
him the land commissioner, but what
does it signify unless you confer
some duties upon him. This section
erects a constitutional barrier to con-
fer any duties upon the land com-
missioner or superintendent of public
buildings. He says they shall be
elected by the people and these offi-
cers together with the attorney gene-
ral, secretary of state and so forth
shall perform duties as prescrib-
ed by law. They have to act in con-
nection with the other officers, and
as was remarked by the gentleman
from Otoe (Mr. Newsom) it is a blen-
ded authority. The constitutional
barrier erected prohibits the legisla-
ture from conferring any duties up-
on these officers, but they may regu-
late the duties of these several of-
ficers when acting together. "Well,
we do not want any such thing as
that. I am in favor of the gentle-
man's argument as to what should
be. The gentleman goes on to say
what should be in the state, but at
the same time wheu he says that he
has erected a constitutional barrier,
which prevents the legislature from
carrying out the thing he says should
exist. Now, when the legislature
goes to work to make laws for the
land commissioner we want them to
have permission to set the land com-
missioner —

Mr. ESTABROOK. Will the gen-
tleman allow me to ask him a ques-
tion? Was not that committee sent
out to provide a board? Can you
provide a board for the management
of these things without giving them
joint control?

Mr. HASCALL. That is all right.
The substitute offered by the gentle-
man from Cass can be made avail-
able to carry out the ideas this con-
vention should adopt. It may be
made an advisory board, but you
must have separate duties to be per-
formed , by the superintendent of
public instruction and land commis-
sioner. And it is only by confer-
ing, by act of legislature, that these
officers do these duties singly, that
you carry out the object. Now, let
us see what my colleague, who has
just sat down says. He says the in-
tention of the committee was as I
stated. Well, then, if that was the
wish of the committee they made a
mistake in phraseology. Because
they tied up the legislature. The
gentleman says my amendment, if
adopted, would be the thing. Now
that is a very nice way to slick it
over with mud.

Mr. WOOLWORTH. Will the gen-
tleman allow me a word? I do not
think the committee disagrees upon
this subject at all. The repdrt of
the committee was that these of-
ficers should be incorporated in the
executive article. If you will turn
to the first section of that article you
will find it provides there that the
officers of the executive department
should perform such duties as pre-
scribed by law. The committee did
not think it necessary to insert a pro-
vision in respect to these two officers
because if their recommendation was
accepted that these two officers
should be made branches of the exe-
cutive department, then [by] this pro-
vision of the executive article, would
relate to and control them. The

COM. PUBLIC LANDS AND BUILDINGS

17

Wednesday]

HASCALL— THOMAS

[July 26

committee did not disagree with the
general views expressed by this gen-
tleman, but they thought they cover-
ed them by the provision which was
made; and I do not really see any
necessity for

Mr. HASCALL. If the gentleman
has made the explanation, he can
make his comments afterwards. My
colleague said this section, as re-
ported, contained several things. Now
I contend that it does not read the
way the gentleman indicates. We
agree fully about what should be,
but upon what the section says will
be, we differ. If there is any por-
tion of the executive article which
would carry out the idea covered by
the proposed amendment, of course I
am satisfied with regard to that.
But it would be disastrous to say
that certain things should be done
by a board.

Now, let me answer the objections
made by my colleague who has just
risen to explain. I contend that
these duties are centered in the
board, and consequently where you
confer upon a board certain duties
by a constitution, and they are to be
regulated by law, you cannot confer
those duties upon any single officer.
He says they may perform such oth-
er duties as may be prescribed by
law. But that is stated with a
qualification. I think it is right to
have a board for the general super-
intendence of affairs pertaining to
these branches, but when you attempt
through a board, and particularly
when it is composed of state officers,
when you undertake to perform all
these minute actions by this board
then, I say the whole thing is a fail-

Mr. THOMAS. Mr. Chairman. I
would be in favor of the amendment
offered by the gentleman who spoke
last, if I agreed with him upon the
law. I do not believe because this
section imposed certain duties up-
on a board that the legislature can-
not impose additional duties upon a
certain member of that board. I do
not understand that it makes it nec-
essary that they should all have
equal charge. If such was the case,
I would be in favor of the amend-
ment offered by the gentleman from
Douglas. But it seemed to the com-
mittee that the legislature had suf-
ficient authority under the section as
it now reads. The question with us
was whether we should have a single
officer to exercise the duties of land
commissioner without the control of
any other officer, and whether we
should have a commissioner of pub-
lic buildings, who should have the
supervision of the public buildings,
without any one to control. I do not
think there is anything in the section
as it now reads, that would prevent
the legislature from imposing the du-
ties upon these officers. It seems to
me they should have the superinten-
dents of these buildings under such
restrictions that the legislature may
see fit to provide. Now, is it better
that we should create the office of
land commissioner and commissioner
of public buildings and let any other
officer have any supervision or control
over them? This seems to be the in-
tention of thesubstituteoffered by the
gentleman from Cass. When this
matter was up the other day before
the committee of the whole, It seem-

18

COM. PUBLIC LANDS AND BUILDINGS

Wednesday]

THOMAS— MASON

[July 26

ed to be thought best that the duties
be imposed upon the state officers,
and we thought that was the desire of
the convention. What state officers
should we elect? We thought we
should elect certain officers, who
should have control of the details of
these matters; and that there should
be a certain board, composed of those
two officers and of certain state offi-
cers to have general supervision and
control of all those matters. It seems
to me it has been carried out. And if
I agree with the gentleman upon the
construction, I would agree that his
amendment should be adopted. But
it did not seem to say that such
would be the construction that would
be placed upon it. Now, with regard
to the requiring of bonds. That mat-
ter is left with the legislature. They
may require such bonds, and just in
such a mount, as they think proper.
The conditions of the bond would be
that they properly perform the du-
ties of their office. Suppose that
such a bond was given and the du-
ties of their office should be under
the control of this board, which has
control and supervision of other mat-
ters. Now it seems to me it would
not be wrong to require these officers
who should have supervision of these
matters to give bonds. They would
not forfeit their bonds so long as
they act under the direction of those
advisory boards. I think there is a
provision in the constitution of the
state of New York which provides
for cases similar to the one in ques-
tion, and which requires officers who
work in connection with others, as
a board to give bonds. This section
provides that the legislature may

impose certain duties upon that
board. Now if there be anything to
prevent the legislature from impos-
ing certain duties upon certain offi-
cers, it must be there is a defect in
the constitution. The gentleman
from Douglas who last spoke (Mr.
Hascall) does not differ in the slight-
est particular from the committee.
The only question is whether it is
requisite to add the amendment to
make this section full. I admit that
the substitute offered by the gentle-
man from Cass (Mr. Maxwell) is
very different. If it is the desire of
the convention that the land com-
missioner should be a separate officer
then the section proposed is defici-
ent, if it is desired that he shall act
in connection with other members of
a board, then this section secures
that end.

Mr. MASON. Mr. Chairman. It
seems to me that something like this
will accomplish the result sought:
"There shall be a land department
which shall be in charge of a general
land commissioner who shall be elect-
ed by the people whose duties and
salary shall be as prescribed by law
and whose term of office shall be
two years. There shall be elected a
superintendent of public buildings
whose duties and salary shall be as
prescribed by law and whose term of
office shall be two years. The land
commissioner and superintendent of
public buildings together with the
secretary of state, treasurer, and at-
torney general shall constitute an
advisory board for the land depart-
ment and the superintendence of
public buildings and the powers and
duties of that board shall be as pre-
scribed by law."

This it seems to me, states
clearly what the committee had
in view, but I am not In faror

COM. PUBLIC LANDS AND BUILDINGS

19

Wednesday]

MASON

[July 26

of that, altogether, and I will
briefly state my reasons. I am in
favor of striking out the whole sec-
tion and the substitute and inserting
about three lines, as follows:

"There shall be a land department,
which shall be in charge of a general
land commissioner who shall be
elected by the people and whose du-
ties and salary shall be as prescrib-
ed by law."

Now sir, why should we re-
ject the report so far as it relates to
the superintendent of public build-
ings? There is danger of creating
too many officers and the people may
think that, like the frogs in Egypt,
they will eat out their substance. I
think the public grounds and the pub-
lic matters should be in charge of
the legislature. These departments
and officers we create in the consti-
tution are constitutional depart-
ments and cannot be wiped out or
•changed at the pleasure or will of
the people. It seems to me it is not
necessary to create now this office of
superintendent of public buildings,
but we should leave it to the legis-
lature to do. Many things which
would be wise for them to do, are
very unwise for us to do. The du-
ties of these various departments
must be left somewhat to legisla-
tive control. The salary of this offi-
cer should be established by the leg-
islature for his duties decrease each
year. The first year, I have not the
slightest doubt if he does his whole
duty the pay should not be less than
$3,000; the next year it will be
less; the next less, and finally the
duties would wind up entirely.
Hence I don't agree with the substi-
tute of the gentleman from Cass (Mr.

Maxwell) because I think, for the
first year, $1,800 is too little. Per-
haps the next year it would be too
much. I would be opposed to fixing
the salary, but in order to make pro-
gress in this matter, I wish the con-
vention to determined whether we
shall have a superintendent of pub-
lic buildings or not. For my own
part, I should be opposed to create
such an officer in the constitution, I
[have learned from experience that it
is not well to create these officers
so that they cannot be wiped out.
If it should be the sense of the conven-
tion that this office of superintendent
of public buildings is to be created,
then I shall offer a substitute, but,
sir, I am not in favor individually of
a superintendent of public buildings
at this time for the reasons I have
previously suggested. I would leave
this in the hands of the legislature.
The people might elect such an of-
ficer under this provision who knew
nothing about the duties of this of-
fice, and who would be a dead weight
upon the state. I think it would be
the best plan to leave it in the hands
of the legislature to create this of-
ficer if necessary, but if we should
leave the land department in this
condition that might occur which
would greatly damage the interests
of the state, as in the past, for the
need of some person to faithfully fol-
low up this matter and for these reas-
ons I send up the substitute which I
have just read. With one word, sir,
and I am done. With a population of
from 150,000 to 175.000, with a
state badly swamped in debt, It seems
to me it is not necessary to create any
more offices than are absolutely nee-

20

COM. PUBLIC LANDS AND BUILDINGS

Wednesday]

MAXWELL-MASON

[July 2&

essary to navigate the ship of state
through the rough sea on which she
now is riding.

The CHAIRMAN. Does the gen-
tleman from Otoe (Mr. Mason)
think his proposed substitute is in
order?

Mr. MASON. I don't know, Mr.
Chairman, when it is in order I will
offer it.

The CHAIRMAN. The question is
still upon the substitute offered by
the gentleman from Cass (Mr. Max-
well.)

Mr. MAXWELL. Mr. Chairman. I
think there is sufficient reason why
we should have a land commissioner,
and the argument offered by the gen-
tleman from Otoe (Mr. Mason) sus-
tains my position. My substitute
provides for the performance of cer-
tain duties and requires the giving
of such bonds as are necessary, while
that proposed by the gentleman
from Otoe (Mr. Mason) leaves it to
the legislature to fix the amount of
the bonds. The election takes place
this fall and the person elected will
take charge of his office at the same
time of the meeting, and at that time
there would be no law requiring him
to give bond, and if the legislature
should fail to provide such a law
during their session, you will fail to
have the proper bonds given. The
gentleman complains of cheats in of-
fice and the way to guard against
this is to require the officers to give
sufficient bonds, and this is required
by the substitute I have offered here
for this report.

Mr. MASON. Let me inquire of
the gentleman if we have not provid-

ed in the executive article a general
provision that all officers shall give-
bonds for double the amount coming:
into his hands.

Mr. MAXWELL. But how are you
going to find out how much money is^
coming into his hands.?

Now as to the superintendent of
public buildings I think for the next
five years at least we will need suck
an officer. I am as much in favor of
economy as any gentleman on this-
floor, but would it be economy Mr.
Chairman to do without these of-
ficers at the present time. Their
salary will not be equal to the loss-
that we may have for the want of
these officers. It is paying a very
poor compliment to the people of this,
state to say that they will elect in-
competent officers. That argument
would hold just as good against any
other officer. Now as to trusting ta
the legislature, every man who has
been in a legislature knows the pres-
sure brought to bear on these bodies
to create new officers, here is a good
fellow out of business is the usual
argument used to get him into office
and give him a good salary. Now,
there is no such argument or in-
fluence used here, we are acting now
for the people of the state, and it
seems to me that it would be better
now for us to create these offices and
prescribe what the duties shall be.

Mr. ESTABROOK. Mr. Chairman.
I presume it will be recollected that
the reports of three committees were
kept in abeyance for the purpose of
fixing up this teport. The various
propositions are of such a character
as to set us again all afloat, and I
will not object to the motions if

BOARD PUBLIC LANDS AND BUILDINGS

21

Wednesday]

WAKELEY

[July 26

«,ny good can be accomplished, but
after listening to all the objections
I feel entirely confident that not one
objection has been urged that is ten-
able. I think the language and read-
ing of this report have not been duly
and properly observed. I undertake
to say that the legislature can pass
an enactment and limit the duties of
the treasurer of that board. It gives
them the right to regulate and con-
"trol, reconstruct and limit the pow-
ers of the board; they can declare
that the attorney general shall have
Tio other occasion with this board
than simply give advice; there is
•complete and ample power to pre-
-scribe. The suggestions that we have
an advisory board seems to me ridi-
culous. I believe in leaving it as
it is so that the legislature can de-
clare what duty each individual
member of the board shall perform.
You say that the attorney general
or treasurer are not elected for such
31 purpose. Who told you so? Our
constitution thus far simply creates
the office. Tell me what provision
■declares what duty the treasurer
«hall perform? We are simply pre-
scribing the duties of these officers
and it is not superadding anything
to their duties, because their duties
have not been prescribed. As a
member of this board the treasurer
shall perform the duty of keeping
safely the treasury; as a member of
the board shall keep safely the rec-
ord, books and accunts; and
as a member of the board the
attorney general shall have no
other connection with it than simply
^ve legal advice. It seems to me
that every single argument urged

against this board has been fully an-
swered by the terms and language
of the report itself. It says the du-
ties shall be discharged under such
rules and regulations as shall be
prescribed by law. One of the rules
is, if you please, that the treasurer
shall do nothing but simply hold the
funds. I would not make him a
member of an advisory board but
leave him to the duty that pertains
to his office, and the land commis-
sioner shall do the duties especially
pertaining to his office. What is to
be done with the funds? Supposing
you provide simply a land commis-
sioner, he sells the land and what
does he do with the funds? It is nec-
essary he shall have a treasurer, it is
necessary he shall have some law
officer with whom to advise, but says
the gentleman, that is his duty now.
Where did you learn that fact. I
propose he shall be placed in a posi-
tion, and that we shall now prescribe
and declare a portion of his duties;
as a law officer he shall act as at-
torney of the board.

Mr. WAKELEY. Mr. Chairman. I
do not propose to discuss the several
propositions that have been made.
The gentleman from Otoe (Mr. Ma-
son) in expressing his own senti-
ments upon this subject expressed
mine fully and almost exactly. I be-
lieve it is necessary that there should
be a land commissioner elected. I
think the public lands are of such
extent and value pecuniarily and the
interest connected with them so vast
that it would justify us in creating
the office of land commissioner, but I
am opposed to electing an additional
officer as a building commissioner. I

22

COM. PUBLIC LANDS AND BUILDINGS

' Wednesday]

WOOLWORTH

[July 26

think with the gentleman from Otoe,
we ought to be particularly careful
about multiplying officers. At best
we are obliged to increase the officers
of the state very considerably, we
are obliged to enlarge the judiciary,
provide for the election of four ad-
ditional judges, and are creating a
land commissioner in addition to all
these. I do not believe it necessary
to have an additional officer to per-
form the special duty of taking care
of the public buildings. I believe in
doing one of two things, either elect-
ing a state officer who shall be the
land and building commissioner and
who shall have supervision of the
public lands and buildings-, and per-
form such duties in regard to the
sale of the land and preservation of
the public buildings as the legislature
may confer upon him. I believe we
can safely do that. The business of a
constitutional convention is to pro-
vide for electing the officers, and leave
all matters of detail to the legislature
as far as possible. I think also with
the gentleman from Otoe, even the
continuance of the office of land com-
missioner ought to be left to the leg-
islature. I have drawn a section em-
bodying substantially my own ideas
on this subject which I will read.

"There shall be elected at the same
time as other ^tate officers are elected
1 land and building commissioner who
shall have general supervision of the
lands and buildings belonging to the
state: and shall perform such duties
and have such powers in respect to
the same and to the sale of the lands
as the legislature may provide. He
shall receive a salary to be .fixed by
law; and the office may be abolished
whenever the legislature shall deter-
mine, .that it has -become unneces-
sary."

i do not offer it as an amendment,
but for the purpose of arriving at a
vote in regard to the necessity of a
building commissioner. I move to
amend the substitute offered by the
gentleman from Cass (Mr. Maxwell)
by striking out all that relates to a
building commissioner.

Mr. WOOLWORTH. Mr. Chair-
man it is not my desire to say any-
thing more with reference to the mer-
its of these propositions made to the
committee. I felt as if I had dis-
charged my duty. But some views
have been presented to the commit-
tee this morning from which I am
bound to dissent, and that dissent I
beg to express in the most emphatic
manner. I am opposed unqualifiedly
and from beginning to the end to
leaving to the legislature the power
to create officers at liberty. I am
opposed to submitting this constitu-
tion to the people of this state with-
out an expressed provision limiting
the .number of officers. Now I went
over the subject the other day and I
do not think it necessary for me to
repeat what I have said. I think
what I said met the concurrence of a
very decided majority of the con-
vention, but I will say, that I am op-
posed to leaving to the legislature
the power of doing what former leg-
islatures have been doing, creating
three inspectors of state's prison,
and giving to those inspectors two
thousand dollars each per annum.
There is one thing I am opposed to,
I am opposed to repeat it in respect
tp every public institution in this
statei, so that we should have twenty
men under, the pay^ of the state, in
care of state institutnions, that I am

COM. PUBLIC LANDS AND BUILDINGS

23

Wednesday]

WOOLWORTH

[July 26

emphatically opposed to. So much
I desire to say with reference to the
remarks made by the gentleman from
Otoe, the Chief Justice of the state,
and concurred in, tacitly at least,
by my colleague, Judge Wakeley.
That proposition I shall stand by, and
contend for from first to last.

Now there are two or three plans
it is worth while for us to compare
together and see where we are com-
ing out. Shall we have a superinten-
dent of public buildings as such.
For my own part I do not care wheth-
er you create the office as a separate
office, or make the land commissioner
take charge of the public buildings.
The suggestion made by my colleague
last upon the floor, that the super-
intendent of public lands might also
be the_ superintendent of public
buildings, has many considerations
to commend it. Perhaps the duties
of the two officers are not incom-
patible and may be discharged by one
officer. Perhaps sp. Upon that sub-
ject I have no debate with anybody.
Now as to the matter of this board,
I think that the officers that are
mentioned in the proposed article
and the composition'^ of this board
are misconceived by the- committee.
Or by some of the gentlemen who
have been upon the floor; altogether
so. It is said — "prescribe the du-
ty of these officers." Well, sir, the
committee of the whole has reported
an executive article in which it has
created the office, of Governor,' of
Secretary of state, of Auditor of
Public accounts, of Treasurer, and
of Attorney General. Are the du-
ties of any of these officers prescrib-'
ed in that article? In one single one

of them? Gentlemen say "But their
duties are referred to sufficiently by
the title that is given them." Well,
is not that just as true of the land
commissioner or the superintendent
of public instruction? It seems to
me it is just as true with respect to
one officer as to the other. It is im-
possible for the constitution to go
into detail on this matter. Why, gen-
tlemen, you never can harmonize the
differences of this committee.

As was said by my colleague last
upon the floor, the business of the
constitution is to establish the offices
and let the duties and details be
regulated by the legislature. You
have done that in respect to the six
already created. Why not do so in
respect to other officers.

Now, as to the board. The ar-
ticle says that the supervision of
lands, etc., shall be under the gene-
ral supervision of this board. The
executive officer of the board; the
man that shall sell the lands, etc.,
shall be the land commissioner, but
the general matter of the care of
these lands shall be in the charge of
these state officers. That is all that
is done. That seemed to be — it cer-
tainly was — the view of the com-
mittee when it had this matter before
it the other day. And it seems to me
how to have a great many considera-
tions to commend it to our attention.
Not that I am particularly strenuous
about it; but I do not think the peo-
ple of the state, knowing how the
great body of the lands of the state
are said to have been administered
upon heretofore; I do not believe
the people of this state will be grati-
fied at all with the proposition giv-

24:

BOARD PUBLIC LANDS AND BUILDINGS

Wednesday]

WOOLWORTH

[July 26

ing the care of the great body of the
public lands into one man's hands.
A board, not to have the charge of
the details, but to have general su-
pervision of the management of the
lands, seems to be necessary; seems
to be a wise measure. Their duties,
what the general disposition shall be,
that they shall make of the lands, is
in the charge of the legislature where
it ought to be. They are directed by
the legislature — the commissioner is
directed by the legislature. They
cannot have charge of the details.
Now as to the propriety of having
certain state officers associated with
the land commissioner in the man-
agement of these matters. The pro-
priety of having the treasurer con-
nected with the land commissioner is
evident from the fact that it never
will answer at all to let the land
commissioner receive the money and
pay it to the treasurer. Why, if you
do so there is no check on the land
commissioner; and he may run riot
with the proceeds of the sales. So
there is a manifest propriety, as sug-
gested by my friend on the left to
have state officers connected. So
again in respect to the Attorney
General. Here are securities that
will be in the hands of the land com-
missioner, which must be in the
hands of some officer to enforce.
Now, here is a question whether these
securities shall be enforced in a par-
ticular case, or a certain class of ca-
ses. There is manifest propriety in
having state officers connected to-
gether to consider the matter and act
upon consultation, and act discreetly.
These are the considerations in fa-
vor of creating this board. Not a

simple advisory board, as suggested
by the gentleman from Otoe — the
board having a general supervision.
I might go on and elaborate these
views at greater length. For my-
self, while I am perfectly willing
that the office of superintendent of
public buildings shall be dispensed
with and the land commissioner
have charge also of the public build-
ings, I am in favor of retaining the
board just precisely as the commit-
tee reported, having the general
supervision and charge of these pub-
lic lands.

And then, above all things, I am
in favor of providing that the legisla-
ture shall not go on and create offi-
ces, more for tht, sake of their be-
ing occupied and the salary appor-
tioned to them being drawn by the
appointees, than to have the duties of
those offices faithfully discharged.
Agents to discharge temporary du-
ties may still be created, may upon
certain exigencies be demanded, but
offices, permanent offices, ought all to
be provided for in the constitution,
and nothing whatever left to the leg-
islature. If so it will not be five
years; it will not be one year be-
fore you will have the 20 officers
charged with the care of the state in-
stitutions spoken of the other day
by the gentleman from Lancaster.
"This army of office holders will not
only administer upon the bankrupt
estate of the people, but you will
have them squandering the public
funds altogether."

Mr. MYERS. Mr. Chairman. So
many propositions have been stated
here and so many amendments of-
fered, that an ordinary man like my-

COM PUBLIC LANDS AND BUILDINGS

25

"Wednesday

MYERS

[July 26

self can hardly see his way through
the wilderness; and if an error of
judgment is committed I am certain
lie will have sufficient excuse to ac-
quit him of blame in the premises.
Now, sir, I am opposed to the in-
crease of public oflBcers, as a republi-
can, not in a party sense. That we
should not increase those state of-
fices to such an extent as to become
a burden to the state, to eat out the
substance of the people without ren-
dering adequate return for those ser-
vices, Or for creating offices without
having duties to perform. But if
there is one question more than an-
other that requires the parental care
of the people of this state, that re-
quires their eternal vigilance, their
unsleeping attention, it is the land-
ed interests of this commonwealth —
and in none has there been more ap-
parent criminal negligence than in
this department of the public wealth.
And, now, sir, if we must create an
officer to have control of this vast
wealth that has been given to the
people of this commonwealth by the
general government; if we must have
an officer of this kind, let us have
one that will be acting on the respon-
sibilities of his office, under oath, and
under obligations such as the legis-
lature may require. Let him, and
him alone, be responsible for the dis-
charge of the duties of that office, un-
der the restraints as shall be made
by the sovereign power — the legisla-
ture.

I, for one. am not in favor of di-
viding the responsibility among a half
dozen or three individuals, but I want
one man, who has the confidence of
the people to be the custodian of all

this property. I do not want, Mr.
Chairman, any dodging of the officer
who has charge of this department,
by shifting from his shoulders the
mis-management that may occur
through the negligence of others. I
believe that the individual who has
been commissioned to a certain du-
ty shall be held to the discharge of
that duty, and if he fails to perform
his duty, let him be impeached and
removed from office. Let him have
no escape by throwing the responsi-
bility upon the shoulders of others.
I oppose, as a principle, this increas-
ing of public officers, but when there
is one required as essentially as this,
I am in favor of having him appoint-
ed, or elected by the people, if you
please, who will be responsible for
everything connected with the of-
fice. This is the custom in the man-
agement of affairs at Washington.
The Secretary of State, for instance,
is responsible for millions of dollars
worth of public property. He has no
advisory board and I would advise
that the land commissioner be made
a separate and distinct office, and
that this office be an office of record.
Let an office of record be there in
that department of the government,
so that a full and complete record of
everything connected with the state
lands may be kept, and I am sure
there will be system and a sense of
responsibility that will secure stabili-
ty and safety. This office I believe to
be necessary. It ought to have been
established originally as a part of the
state government in order that we
might have had a starting point. I
am sure that much of this public
plundering and land grabbing would

26

COM. PUBLIC LANDS AND BUILDINGS

Wednesday]

ESTABROOK— MYERS— MAXWELL,

[July 2&

not now be upon the records.

Mr. ESTABROOK. (To Mr. My-
ers) Let me ask a question.

Mr. MYERS. Certainly.

Mr. ESTABROOK. You say that
the secretary of the United States is
an independent agent. Does he not
act as one of a board — does he not
get advice from the cabinet?

Mr. MYERS. He is secretary to
the board, but he acts under the law.
The president or no one else has no
control over him. I would have the
land commissioner under the control
of nothing but the legislature. Such
an officer I would have; such an offi-
cer I believe would answer the pur-
pose better than to fritter away your
responsibility from one officer to an-
other like a homeopathic dose of
medicine scattered out over a great
deal of ground.

Mr. MAXWELL. Mr. Chairman. I
would like to say a few words about
striking out section two. I am in
favor of leaving it to the legislature
to say what offices shall be created.
I was a member of the legislature at
the time our present constitution was
provided. Many offices were not cre-
ated at the time, which have
been found necessary since. We
found after we became a state that
we must have an auditor and other
officers. These have been created
by the legislature, but if it is propos-
ed to allow the legislature to create
offices just as they see fit, there is
no use of our making a constitution
at all,, so far as these points are con-
cerned. JB it not better to create all
the offices that are absolutely neces-
sary to carry on the government of

this state, and so far as possible, pre-
scribe their duties. The gentleman
from Douglas (Mr. Estabrook) seeks
to have the attorney general made a
member of the board, because his
advice will be needed. Why. is not
that a part of his duties. I read from
the laws of 1869.

"It shall be the duty of the attor-
ney general, at the request of the
governor, the secretary of state, the
treasurer or the auditor to prosecute
any official bond, or any contract in
which the state is interested, deposit-
ed with either of them, upon a breach
thereof; and prosecute or defend
for the state all actions, civil or
criminal, relating to any matter con-
nected with either of their depart-
ments."

That is what the law now provides,
so that nothing is gained by making
him a member of the board. The ob-
jections of the gentleman from Otoe
(Mr. Mason) may be obviated by a
section like this:

"Resolved, that the legislature may
provide that the duties of superinten-
dent of public buildings shall be per-
formed by the land commissioner."

Now if there should be no duties
to perform the legislature might
provide that the land commissioner
should do. the duties of both offices.
It seems to me that if we don't pro-
vide this office, that the state will sus-
tain great loss and it seems to me
that this part, sought to be struck
out, ought to be retained. Suppose
the pay of this officer is fixed at $2,-

000 per year, In five years this would
amount to $10,000. Now the state
m^y lose twice that sum in a single
large contract. I say it is 'necessary
that there should be some one to take
charge of the duties of this office.

1 believe there are already too many

COM. PUBLIC LANDS AND BUILDINGS

27

Wednesday]

CASSELL— MYERS— BOYD

[July 26

officers of a certain kind, but this
office will abolish some of these of-
ficers. I trust that the section wiill
not be stricken out.

Mr. CASSELL. Mr. Chairman. I
will state that the committee had
the question of economy in view when
they made this report. It has been
said, and truly, that we have a great
many small offices which can be sav-
ed by the establishment of this office.
The amount of the salary should not
be made an important consideration,
as the sum can be saved by doing
away with a number of smaller offi-
ces.

The CHAIRMAN. The question is
upon the motion to strike out that
portion of the substitute which re-
lates to the superintendent of public
buildings. The substitute reads as
follows:

"There shall be elected under the
first election under this constitution,
a land commissioner, who shall have
charge and dispose of, in the man-
ner provided by law, all the lands
owned by the state', and shall give
bond to the state in the sum of $100,-
000 and shall receive a salary of
$1,800 per annum.

There shall also be elected at the
first election under this constitution,
a superintendent of public buildings,
who shall have charge of all public
buildings and grounds owned by the
state and of the erection and repair
of the same in the mode provided by
law; who shall not be interested in
any contract relating to the same,
and shall give bond to the state for
the sum of $100,000 and shall receive
•a salary of $1,800 per annum.

,, i The CHAIRMAN. The question is
■•pn- striking out that portion of the
.substitute -which relates to the su-
perintendent of public buildings.

The motion was not agreed to.

The CHAIRMAN. The question
now is upon the adoption of the sub-
stitute offered by the gentleman
from Cass (Mr. Maxwell).

Mr. MYERS, Mr. Chairman. Is
that open for amendment now?

The CHAIRMAN. I suppose it is.

Mr. MYERS. Then, Mr. Chair-
man, I move to strike out that part
relating to bonds and salaries, and
leave that for the legislature to fix,
to insert "shall give bond and receive
such salary as the legislature shall
prescribe."

The CHAIRMAN. The question is
on the amendment of the gentleman
from Douglas (Mr. Myers.)

The amendment was not agreed to.

The CHAIRMAN. The question is
now upon the adoption of the sub-
stitute offered by the gentleman from
Cass (Mr. Maxwell.)

The substitute was not adopted.

The CHAIRMAN. The question
is on the amendment of the gentle-
man from Douglas (Mr. Hascall.)

Mr. BOYD. Mr. Chairman. If
the gentleman will allow me I have
an amendment which I wish to offer
to be added to the end of the section.

The CHAIRMAN. Read the amend-
ment as follows:

"And shall receive such compensa-
tion and perform such duties and be
subject to such rules and regulations
as may be prescribed by law: Provid-
ed/, the office of land commissioner
and superintendent of public build-
ings may be abolished whenever the
legislature think them no longer nec-
essary."

Mr. HASCALL. Mr. Chairman. I

28

COM. PUBLIC LANDS AND BUILDINGS

Wednesday]

HASCALL— MAXWELL— WAKELEY

[July 86

•will accept the amendment.

Mr. MYERS. Now, Mr. Chairman,
I am opposed to the last clause of the
amendment as offered by the gen-
tleman from Douglas (Mr. Boyd) for
I want to have these offices estab-
lished by the constitution. I am
not in favor of establishing a consti-
tutional office and then placing it in
the power of the legislature to abol-
ish it whenever they please. I hope,
sir, that my friend will take that part
out of his amendment.

Mr. HASCALL. Mr. Chairman. As
it stands now, I notice that the land
commissioner and superintendent of
public buildings are not mention^^d
in the section. I would ask my col-
league to insert those names at the
beginning of the amendment.

Mr. BOYD. I will agree to that.
1 thought it was inserted before in
the section.

Mr. ROBINSON. Mr. Chairman.
There was a substitute sent up by
Judge Mason during the discussion.
I move its adoption in the place of
the whole section. I call for the
reading of the substitute.

The CHAIRMAN read the substi-
tute as follows:

"There shall be a land department
which shall be in charge of a general
land commissioner, who shall be
elected by the people for three years
and whose duties and salary shall be
prescribed by law."

Mr. NEWSOM. Mr. Chairman. I
move to strike out the words "by the
people'.'

Mr. ROBINSON,
amendment.

I accept the

The CHAIRMAN. The question is

on the adoption of the substitute
just read.

The substitute was not adopted.

The CHAIRMAN. The question now
arises on the amendment offered by
the gentleman from Douglas (Mr.
Hascall) to the original section.

The committee was divided and the
amendment was agreed to.

Mr. MAXWELL. Mr. Chairman.
I move to strike out all of the ori-
ginal report after and including the
words "together with the auditor."

The motion was not agreed to.

Mr. WAKELEY. Mr. Chairman.
For the purpose of testing the sense
of the committee as to whether there
should be elected one officer or two
I move that the section be referred to
the committee with instructions to
provide for electing only one officer
to be called Land and Building Com-
missioner.

Mr. KIRKPATRICK. Mr. Chair-
man I move the committee rise, re-
port progress, and ask leave to sit
again.

The motion was not agreed to.

The CHAIRMAN. The question is
on the motion of Mr. Wakeley.

The committee divided and the
motion was agreed to.

Mr. BOYD. Mr. Chairman. I
move that the committee rise, re-
port progress and ask leave to sit
agaii^, and recommend the re-com-
mitment of the report.

The motion was agreed to.

Report of Committee of the Whole.

Mr. GRAY. Mr. President. The
committee of the whole have had un-
der consideration the report of the

FUTURE AMENDMENTS

29

Wednesday]

RE Y NOLDS— L AKE

[July 26

special committee on the subject of
land commissioner and report the
same back with the recommendation
that the same be referred to the
special committee with instructions
to report a section providing for but
one officer to be denominated Land
and Building Commissioner.

The report was adopted nem.con.

Adjournment.

Mr. MYERS. I move we adjourn.

The motion was agreed to, so the
convention adjourned at twelve
o'clock and eight minutes.

AFTERNOON SESSION.

The convention met at two o'clock
and was called to order by the presi-
dent.

Engrossment.

Mr. REYNOLDS. Your commit-
teen beg leave to report the Bill on
Future Amendments and find it pro-
perly engrossed, and recommend it
be read a th. d time and put on its
passage.

Future Amendments.

Mr. LAKE. Mr. President. I would
like to enquire if there is not a
special order for two o'clock today.

The PRESIDENT. Yes, the Ex-
ecutive Bill. But this bill just re-
ported is on its passage. All bills on
their passage are always in order.

The Secretary read the bill on j
Future Amendments, as follows: i

ARTICLE-

Future Amendments.

Sec. 1. Any amendment or
amendments to thi-j constitution may
be proposed in the senate or house of
representatives, and if the same
shall be agreed to by a majority of
the members elected to each house,
such proposed amendment or amend-
ments shall be entered upon their
journals, with the yeas and nays ta-
ken thereon, and the secretary of
the state shall cause the same to be
published weekly for three months
immediately preceding the next
election, in at least one newspaper
in every county in which a newspa-
per shall be published; and if in the
legislature next afterwards chosen,
such proposed amendment or amend-
ments shall be agreed to by a
majority of the members elected to
each house, the secretary of state
shall cause the same again to be pub-
lished for the time, and in the man-
ner aforesaid, and such proposed
amendment or amendments, shall be
submitted to the electors of this state
for adoption or rejection, at the next
election of members of the legisla-
ture, in such manner as may be pre-
scribed by law; and if the people
shall approve and ratify such amend-
ment, or amendments, by a majority
of the qualified voters of this state
voting thereon, such amendment or
amendments shall become a part of
the constitution; provided, that If
more than one amendment be sub-
mitted, they shall be submitted in
such manner and form that the peo-
ple may vote for or against each
amendment separately and distinct-
ly.

Sec. 2. Whenever two-thirds of
the members elected to each house
of the legislature shall, by a vote
entered upon the journals thereof,
concur that a convention is necessary
to revise, alter, or amend the consti-
tution, the question shall be submit-
ted to the electors at the next general
election. If a majority voting thereon

30

EXECUTIVE DEPARTMENT

Wednesday]

WOOL WORTH— PRESIDENT

[July 36

at the election vote for a convention,
the legislature shall, at the next ses-
sion provide for a convention, and
shall in the act calling the convention
designate the day, hour and place of
its meeting, fix the pay of its mem-
bers and officers, and provide for
the payment of the same, together
with the expenses necessarily incur-
red by the convention in the perfor-
mance of its duties.

The law submitting the question
shall be published for the time, and
in the manner provided in the pre-
ceding section, as to proposed amend-
ments.

The PRESIDENT. This is the
third reading of the proposition.
It is now on its passage, and only
subject to amendments by unani-
mous consent. Secretary, call the
roll.

The vote was taken and the re-
sult was announced as follows: —
Ayes, 44; Noes

Abbott,

Ballard,

Boyd,

Campbell,

Cassell,

Curtis,

Eaton,

Estabrook,

Gibbs,

Granger,

Gray,

Griggs,

Hascall,

Hinman,

Kenaston,

Kilburn,

Kirkpatrick,

Lake,

Ley,

Lyon,

McCann,

Majors,

Mr.

Mason,
Manderson,
Maxwell,
Myers,
Neligh,
Newsom,
Philpott,
Price,
Reynolds,
ShafC,
Sprague,
Stevenson,
Stewart,
Thummel,
Thomas,
Tisdel,
Towle,
Vifquain,
Wakeley,
Weaver,
Wilson,
Woolworth,
President. — 44.

Absent and Not Voting.

Grenell,

Moore,

Parchin,

Parker,

Robinson,

Scofield,
Speice.

So the article was adopted.
The PRESIDENT. The question
is upon referring to the Committee
on Revision and Adjustment.
The bill was so referred.

Executive.

The PRESIDENT. The special or-
der of the hour is the Executive pro-
position.

Mr. WOOLWORTH. If, as the se-
lect committee on the state buildings,
etc., proposed, in its report, which
was under consideration this morn-
ing, the officer or officers therein
named be made branches of the ex-
ecutive department, the executive ar-
ticle will need to be somewhat modi-
fied, I would suggest that we let the
executive article await on action up-
on the other matter.

The PRESIDENT. The bill has
not been reported back and so cannot
be acted upon.

Mr. WOOLWORTH. I do not see
the necessity of engrossing until it
has been perfected by the convention.

The PRESIDENT. It was sent to
that committee by the convention.

Committee of the Whole.

Mr. WOOLWORTH. I move, Mr.
President, that the convention go in-
to the committee of the whole for
the purpose of considering the ju-
diciary article.

The motion was agreed to, and the
convention went into committee of
the whole — Mr. McCann in the chair

JUDICIAL DEPARTMENT

31

Wednesday]

LAKE— HASCALL— WAKP:LEY

[July 26

— for the consideration of the ju-
diciary article.

Judiciary.

The CHAIRMAN. Gentlemen, you
have for consideration, the article,
the report of the Judiciary Commit-
tee. I will read the first section:

Judicial Department.

Sec. I. The judicial powers of this
state shall be vested in one supreme
•court, district courts, county courts,
justices of the peace, police magis-
trates, and in such other courts in-
ferior to the district courts as may be
created by law for cities and incor-
porated towns.

The CHAIRMAN. Section one is
before the committee.

Mr. LAKE. There is one provis-
ion here that I desire to call the at-
tention of the committee to. I think
that the section should be amended.
It is provided that the judicial pow-
er "shall be vested in one supreme
court, district courts', county courts,
Justices of the peace , police magis-
trates, and in such other courts in-
ferior to the district courts." I am
inclined to the opinion that the limi-
tation should only be extended to
making them inferior to the Supreme
Court. Now it might be the desire to
create a court in the city that should
have a jurisdiction equal at least, to
that of the district courts; and if
this provision remains as it is in this
section it could not be done, and I
have heard it frequently expressed
in public that it might be necessary
for the best interests of certain
communities, hereafter, at some time,
to create a court for cities that should

have a jurisdiction, at least, equal

to that of the district courts; per-
haps not so extensive in some re-
spects but in respect to crime
that should have a jurisdiction as
great as that of the district court.
And for the purpose of testing the
sense of the committee, I move that
the words "district courts," in the
second line, be struck out, and the
words "supreme court" inserted.

Mr. HASCALL. Mr. Chairman. I
shall vote against the proposed
amendment. I like this section as re-
ported by the committee. The re-
port provides for district courts to
try not only civil, but criminal cases;
as this is the case now, our laws as
now passed, mention district courts,
now if you amend this, the laws will
have to be revised and the Supreme
Court referred to instead.

The CHAIRMAN. The question is
upon the amendment offered by the
gentleman from Douglas.

Mr. WAKELEY. Mr. Chairman.
If it was intended by the law to con-
fer upon municipal courts a jurisdic-
tion equal to that of district courts.
I suggest to the Chairman of the
committee that it would be better to
change the section by saying "not
exceeding the jurisdiction of the dis-
trict courts," than to say "inferior to
the district courts." I think it would
not be proper to confine the jurisdic-
tion of any other court by reference
to the jurisdiction of the Supreme
Court. I agree with the opinion of
my colleague last up; (Mr. Hascall)
the section is right as it stands. The
section as drawn, meets my views
and I am opposed to any amendment-

32

TEEMS OF SUPREME COURT

Wednesday]

LAKE— WOOL WORTH

[July 26.

Mr. LAKE. I have no feeling on
this subject at all, I brought it to
the attention of the committee in
order that it might be considered
before the section was adopted. The
section, as reported by the committee
meets my favor, but for the purpose
of bringing the matter before the
committee which has been spoken of,
I mention it now.

The CHAIRMAN. The question is
upon the amendment.

The amendment was not agreed to.

The CHAIRMAN. The question is
upon the adoption of the section.

The first section was adopted.

The Chairman read the next sec-
tion as follows:

Sec. 2. The Supreme Court shall
consist of three judges, a majority
of whom shall be necessary to form a
quorum, or to pronounce a decision.
It shall have original jurisdiction
in cases relating to the revenue, man-
damus, quo warranto and habeas cor-
pus, and such appellate jurisdiction
as may be provided by law.

The second section was adopted.

The Chairman read the next sec-
tion, as follows:

Sec. 3. At least two terms of the
Supreme Court shall be held in each
year, at the seat of government, at
such times as the legislature may
provide.

Mr. WOOLWORTH. Mr. Chair-
man. The time of holding the courts
in the different counties should be
regulated. The holding of these
courts is done very much at haphaz-
ard. I am not so familiar with the
course of doing business in the first
district as in the second district, and
any gentleman who has conducted
business in that district will agree

with me that it is the cause of great
diflaculty in doing business in the
courts of that district. Sometimes the
terms in two counties are brought
so close together that the business
in one county could not be transacted
before the business in another coun-
ty commences. I have known it to
occur that there were three courts
in session at the same time and I had
engagements in each. My engage-
ments are not so numerous as those
of other members of the bar. I shall
move the committee strike out of
this section^ the last clause, begin-
ing at the word "government." I
wish to have it fixed by the judges
of these courts instead of the legis-
lature.

Mr. LAKE. Mr. Chairman. I
agree with all the gentleman has said
in respect to the difficulties of doing
business in the courts, not only in
the second district, but throughout
the state. I believe there has been
no time, since I have had the honor
of presiding in the second district,
but there has been a law upon the
statute books requiring courts to be
held in two counties at the same
time in that district. The first law
we had after we became a state re-
quired that the fall term should he
held in the counties of Seward and
Saunders at the same time. The
last legislature had their attention
called to that fact and were asked
to fix the time of holding the terms
of court in the second district so
that there should be no clashing. A
bill was prepared, which, it was sup-
posed would fix that ,but by an
amendment which was afterwards
tacked on, the time of holding courts

ELECTION OF SUPREME COURT

33

Wednesday]

GRIGGS— MANDERSON— WEAVER

[July 26

in Seward and Butler came on the
same day, so that we have been com-
pelled to leave a large amount of
business unfinished in various coun-
ties of the districts from time to time
on account of the peculiar provisions
of the law fixing the time of the terms.
Now if there could be a remedy ap-
plied there it would secure a good re-
sult, not only to the people of the
district, but also to the people of
the entire state. The diflBculty is
that most of the counties desire to
have their courts held about the same
time of the year in a season not to
interfere with the farming interests,
and whoever shall have the fixing
of the time of holding courts, should
fix them with reference to those times
as near as possible, so as to make
them as little burden to the people
as possible. If that is left to the
legislature that would perhaps be
fixed to work as harmoniously as they
do now. I am sure they could be
no worse than they have been for the
past four years. I think the amend-
ment should prevail.

The CHAIRMAN. The question is
on the amendment by the gentleman
from Douglas.

The amendment was not agreed to.
The CHAIRMAN. The question is
on the adoption of section three.
Section three was adopted.

The Chairman read the next sec-
tion as follows:

Section 4. The judges of the
supreme court shall be elected by the
electors of the state at large, and
their terms of office shall be six
years, except at the first election, as
hereinafter provided.

Mr. GRIGGS. Mr. Chairman. I

move to strike out section four and
substitute the following:

The Chairman read the substitute
as follows:

"The state shall be divided into
three grand divisions to be denomi-
nated the Southern, Central and
Northern, until otherwise provided
by law, and there shall be elected
from each of said grand divisions
one judge of the supreme court who
shall be elected by the electors of the
state at large and whose term of office
shall be six years except at the first
election as herein provided."

Mr. GRIGGS. Mr. Chairman. I
don't wish to say anything particular
upon this motion, except that I be-
lieve that it woufd suit the people
of the state to have one of the Su-
preme judges come from each one of
these divisions.

The CHAIRMAN. The question is
on the adoption of the substitute of-
fered by the gentleman from Gage
(Mr. Griggs.)

The substitute was not adopted.

Mr. MANDERSON. Mr. Chair-
man, I move to strike out in the sec-
ond line the word "six" and insert
"nine."

The motion was not agreed to.

Mr. WEAVER. Mr. Chairman. I
move to strike out all in the first
line after the word "elected" down
to the word "six" in the second line,
and insert the word for, so that it
will read: "The judges of the su-
preme court shall be elected for six
years, except at the first election as
hereinafter provided."

Mr. MYERS. Mr. Chairman. I
move to strike out the word "six"
in the amendment and insert "flf-

34:

TERM OF SUPREME JUDGES

Wednesday J

MYKRS— WEAVER-STRICKLAND

[July 26

teen." On this I propose to say
only a few words. The judges of our
courts are set apart for the perfor-
mance of a special, distinct and more
important duty than any department
of our civil government. We ought
to elect men of ability in whom
the people have confidence and
when we secure such we should not
readily dismiss them. In the old
times, Mr. Chairman, our judges kept
their high positions for life, or dur-
ing £';ood behavior, and we had judg-
es in that day whose names are still
household words throughout our
land.

Mr. STEVENSON. Mr. Chairman.
I rise lo a point of order. What is
the question before the house?

The 'CHAIRMAN. The question is
on the amendment offered by the
gentleman from Douglas (Mr. My-
ers). The Chair understands the
gentleman is in order.

Mr. WEAVER. Mr. Chairman. I
rise to a point of order. The gentle-
man's amendment was to strike out
my amendment and insert "fifteen,"
My amendment had not been acted
upon. I don't see how we could
strike it out until we got it in.

Mr. MYERS. I do not desire to
proceed out of order, but desire to
state my reasons.

Mr. STRICKLAND. Mr. Chair-
man. I am opposed to the motion
my colleague, but make the motion
to strike out "six" in the section and
insert "fifteen" to give him an op-
portunity of explaining his views.

The CHAIRMAN. T'^e gentleman
from Douglas (Mr. My^ '^ has the
floor.

Mr. MYERS. It is not very ma-
terial to me in what position my
amendment stands but it is strictly
in order. Mr. Chairman. I have
formed attachments for able judges
who have ornamented the bench and
if a judge is elected by the people, and
of course they will elect judges in
whom they repose full confidence, it
is an injury to the public service that
they should be dismissed. In olden
times judges were appointed for life,
in older states for ten or fifteen
years and I do not see why we can-
not adopt the same principle in the
state of Nebraska. Let us elect the
foremost men at the bar as our
judges, set them apart from the or-
dinary pursuits of life and dedicate
them to the public service. They
become separated in their associa-
tions from the rest of their fellow
citizens. When a member of the
bar becomes thus situated and is
dismissed from the public service at
the end of six years he has to begin
life anew, his business is broken
off, his associations are gone in a
measure, and he is at sea, almost
without a rudder and compass, and
then in another point of view, we
elect a judge fresh from the bar, it
takes him six years until he becomes
habituated to the practice of the
court. It is necessary for him to
change his mode of thinking, to get
rid of hisexparte ideas he entertained
as a member of the bar. It is for
these reasons that I shall vote for the
longest time, and I venture to make
a prediction that as the state grows
older it will give the judges fifteen
years of public service. I hold that a
judge is set apart by his fellow citi-

SUPREME COURT

35

Wednesday]

KIRKPATRICK— TOWLE

[July 26

zens to serve his country as a judge,
and as a judge he must be separated
from religious and political disputes
"which agitate the country. How is
it our judges in the old states have
"become immortal, because they have
been in office and have served their
•country faithfully and well.

Mr. KIRKPATRICK. Mr. Chair-
man. I think the gentleman is mis-
taken. He claims that formerly
judges were elected for a long period,
I believe those judges who rose to
eminence were really always ap-
pointed. I think some of the judges
of the supreme . court have been
elected. I hope the amndment
"Will be voted down.

The amendment was not agreed
to.

The CHAIRMAN. The question is
on the amendment of the gentleman
from Richardson.

The committee divided and the
motion was not agreed to.

The CHAIRMAN. The question is
on the adoption of the section.

The section was agreed to.

Mr. TOWLE. Mr. Chairman. 1
liave a section which I wish inserted
between sections four and five.

The chairman read the section as
follows:

"At the first election of judges of
the supreme court, each elector may
cast as many votes for one candidate
as there are supreme judges to be
■elected, or may distribute the same
or equal parts thereof among the
candidates as he shall see fit, and
the candidates highest in votes shall
be declared elected."

Mr. HASCALL. Mr. Chairman. I
move that be postponed until we

reach the report of the committee on
electoral and representative reform. I
think it can be disposed of at that
time.

Mr. TOWLE. I will withdraw my
amendment.

The Chairman read the fifth sec-
tion as follows:

Sec. 5. The judges of the supreme
court shall, immediately after the
first election under this constitution,
be classified by lot, so that one shall
hold his office for the term of two
years, one for the term of four years
and one for the term of six years;
and at subsequent elections the term
of each of said judges shall be six
years.

The fifth section was adopted.
The Chairman read the sixth sec-
tion as follows:

Sec. G. The judge of the supreme
court having the shortest term to
serve, not holding his office by ap-
pointment, or election to fill vacancy,
shall be the chief justice and as
such shall preside at all terms of the
supreme court, and in case of his
absence the judge having in like
manner the next shortest term to
serve shall preside in his stead.

The sixth section was adopted.

The Chairman read the seventh
section, as follows:

Sec. 7. No person shall be eli-
gible to the office of judge of the
supreme court unless he shall be
at least thirty years of age, and a
citizen of the United States: nor un-
less he shall have resided in this state
at least three years next preceding
his election.

The seventh section was adopted.
The Chairman read the eighth
section as follows:

Sec. 8. The supreme court shall
appoint a reporter and clerk of said
court, who shall have their offices

36

JUDICIAL DISTRICTS OF STATE

Wednesday"

GRIGGS— HINMAN-HASC ALL

[July 26.

respectively for the term of three
years, subject to removal by the
court, and whose duties shall be pre-
scribed by law.

Mr. KIRKPATRICK. I would
suggest that there might be a better
word substituted for the word
"have."

Mr. LAKE. The word "hold" was
intended to be inserted . I suggest
that it be inserted.

The section was adopted with the
amendment.

Mr. MANDERSON. There is
nothing said about compensation for
the reporters.

Mr. WAKELEY. I would suggest
to the committee whether it would
not be better to provide that their
compensation should be prescribed
by law. I move to insert the
words "and compensation," after the
word "duties" in the second line

Mr. LAKE. That is unnecessary, I
would inform the gentleman, Mr.
Chairman, because we have a provis-
ion subsequently here which pro-
vides for the compensation of all of-
ficers not provided for in the article
itself.

Mr. WAKELEY. I will withdraw
the amendment. I see it is unneces-
sary.

The eighth section was adopted.

The Chairman read the ninth sec-
tion, as follows:

Sec. 9. The district courts shall
have original jurisdiction in all cases
of law and equity, and such appel-
late jurisdiction as is or may be pro-
vid<^d hy law.

The ninth section was adopted.

The Chairman read the tenth sec-
tion, as follows:

Sec. 10. The state shall be divid-
ed into four judicial districts, in each
of which shall be elected one judge,
who shall be judge of the district
court therein, and whose term of
office shall be four years, and un-
til otherwise provided by law said
districts shall be as follows:

Mr. GRIGGS. Mr. Chairman. I
move the adoption of that part of
the section.

The CHAIRMAN. I will read the
whole section through first:

First District — The counties of
Nemaha, Richardson, Johnson, Paw-
nee, Gage, Jefferson, Saline, Fill-
more, Clay, Franklin and all the
counties west thereof lying entirely
south of the Platte river.

Second District — Otoe, Cass, Lan-
caster, Seward, York, Polk, Hamil-
ton, Hall Buffalo, Dawson and Lin-
coln.

Third District — Douglas, Sarpy,.
Saunders and Butler.

Fourth District. — -Washington,
Dodge, Colfax, Platte, Burt, Cuming,
Stanton, Madison, Wayne, Pierce,-
Dakota, Dixon, Cedar, L'Eau-qui-
Court and the counties lying west
thereof.

Mr. HINMAN. Mr. Chairman. I
wish to offer an amendment. To
strike out the word "four," in the
first line, and insert the word "five;"
also to divide the district, as submit-
ted by me.

Mr. HASCALL. Suppose we vote
on each separate proposition first.

The CHAIRMAN. The Chair will
read the proposed amendment:

First District. — Nemaha, Richard-
son, Johnsoni, Pawnee, Gage and
Jefferson.

Second District. — Otoe, Cass, Lan-
caster, Saline, Seward, Saunders, and'
Butler.

Third District. — Douglas and Sar-

py-

JUDICIAL DISTRICTS OF STATE

37

Wednesday]

STRICKLAND— LAKE

[July 26

Fourth District. — Washington,
Dodge, Colfax, and all counties
north of the fifth standard parallel.

Fifth District. — Platte, Boone, and
all counties west of the sixth princi-
pal meridian and south of the fifth
standard parallel.

Mr. STRICKLAND, I would sug-
gest that the section had probably
be better sent back to the committee
so that the districts could be re-ar-
ranged. I would like this question
decided so that we can see what will
be done with the proposition. I call
for a division of the question.

The CHAIRMAN. The question
will be then, upon striking out the
word "four" in the first line, and in-
serting the word "five."

The Convention divided and the
motion was agreed to.

Mr. STRICKLAND. Unless the
gentleman from Lincoln, who offered
those amendments, desires to have
them considered now, I will make a
motion.

Mr. HINMAN. I would like to
hear the discussion.

Mr. LAKE. I hardly think it
would be proper to attempt to form
these districts at the present time.
The house is not quite full now, and
the question might be left until the
article has been gone through with.
It is not altogether certain yet that a
majority of this body will be for the
creation of five districts. There has
been no discussion; and, for one, I
am just as well satisfied you might
as well call for five wheels to a wag-
on as for five districts in this state.
I am informed that this matter has
been canvassed, and certain members
pledged to support it. If that is so

there is not much use of discussing
it. And we had better wait till we
get into the house. All know that
even when the business of the su-
preme court and district courts was
done by three judges that, with the
exception of perhaps the second dis-
trict, they were not overworked. And
in that district the judge has not
been overworked, although he has
not been able to do all the business.

Now, it is proposed to have four
additional judges; and it seems to me
that, as a tax payer and a member
of this convention representing the
j best interests of the people, and pro-
j viding a judiciary which shall meet
all the requirements of the business
and of their wants, that the increase
1 to four judges was ample for that
purpose. But if members of this con-
vention think otherwise, why just
let them put themselves on record.
It was discussed in the judiciary
committee at length, and we came
to a conclusion there that only four
were necessary. In regard to the
dividing of the state into districts
we are not, perhaps, required, at
this time, to arrange them satisfac-
torily. It would perhaps be better
to refer that to some committee to
arrange the districts after the num-
ber is determined upon by the con-
vention. And I move. Mr. Chairman,
that the arrangement of the districts
be deferred for the time being, and
that we proceed to the consideration
of the subsequent sections of this ar-
ticle.

Mr. WOOLWORTH. I did not vote
on the question whether there should
be four or five districts at all. I did
not know enough about the matter to

38

JUDICIAL DISTRICTS OF STATE

Wednesday]

WOOL WORTH— MASON

[July 26

reach a conclusion that was satisfac-
tory to myself, and so I left it. I
thought that when we came to con-
sider how the state should be dis-
tricted I would then hear from per-
sons from different parts of the state
as to their ideas on that matter; and
from that discussion I would hear
something that would aid me in
reaching a conclusion upon that sub-
ject; so that when I came to vote in
the convention I should vote intelli-
gently as far as I am concerned.

Now I am not content with what
my colleague upon the other side of
the house has said — that gentlemen
should place themselves upon the
record. For that matter I don't care
much for the record myself, nor how
anybody else stands upon it, I would,
however, like to hear from the gen-
tleman who are in favor of the five
districts, how they propose to redis-
trict the state. I cannot see that, in
the western part of the state, there is
really any necessity for another
judge. I am in favor of going back
to the four judges, leaving it to the
legislature to increase the number.

Mr. MASON. Mr. Chairman. I
desire to say here, that the present
time judges can do all the work in
this state, and not work to exceed
six months in the year. Now if it be
the purpose of this convention to
create a supernumerary, a judge who
is to be an ornamental instead of
useful. I have nought to do, ex-
cept to enter my protest against it.
At present, of the commencement
fees from the various districts a
large majority were received from
the second district, and the smallest

amount is received from the third
district. I may say here that the
dockets in the First district are
free; and yet the supreme court
business has been attended to and I
have not been busy more than 8
months in the year. Why if the four
districts should double in population
during the next five years, your dis-
trict judges, not having the supreme
court business to attend to, can do
it and keep the docket clean; and
I undertake to say that the business
will be better done, if it is done by
four judges instead of five, and they
should receive the pay of the five.
The judges will then be employed
most of the time, and will come to
the work with a brain trained to
work and decide points rapidly. I
must say, I was overwhelmed with
astonishment when this vote for
five district judges was announced.
I believe this is the only time I have
been on my feet this afternoon. I
am constrained to say this much un-
der great difiiculties. I must say
it is creating a supernumerary with-
out reason, and taxing the people
without cause. I undertake to say
that three judges can do all the busi-
ness of this state for the next four
years. In view of this fact, of in-
crease in the districts the commit-
tee agreed upon the fourth judge.
For these reasons, Mr. Chairman, I
shall make what battle I make in
respect to this matter against the five
judges, because I think it wrong. I
think it is against the best interests
of the state. Another thing, the leg-
islature can be given power to note
the increase of business in the differ-
ent districts, it will take the nee-

JUDICIAL DISTRICTS OF STATE

39

Wednesday]

HINM AN— MASON

[July 26

essary steps to let the fountains of
justice down upon the people,
through a greater stream. Where is
the man whose business is left un-
done in the courts, and I hold that
the judges are not employed more
than six months in the year.

Mr. HIXMAN. Mr. Chairman. The
gentlemen who live in the section of
country that is thickly populated
along the Missouri river, if they
would get out in the sparsely set-
tled country, they would, perhaps,
form a different opinion, as to
whether business is done or not. Now
let us look over the matter: Chey-
enne, Madison, Sherman, Howard,
Valley, Greeley and many other
western counties have no courts, but
are attached to other counties for
judicial and revenue purposes. There
never was a term of court in Lincoln
county that did all the business in
the county. The terms of court are
so arranged generally throughout
the state that there is only a week
allowed for each of the different
counties, and in that week, they
rush through everything, be the
amount large or small. In Lincoln
county, we had a murder case which
'was rushed through in one day and
night, and why? Because the judge
was anxious to get through the busi-
ness of the court in a week when the
case should have taken at least a
week. The witnesses were scattered
over the county, and it was impossi-
ble for the sheriff to get them to-
gether in the short time allowed him.
There are reasons why we should
have more courts; the business is
not done in our county; it is not
done in other counties; because the

judge does not see fit to call court
in our counties. These eastern judg-
es do not care much for us western
fellows. We are not down here very
often. The 2Gth district, which I
represent, includes an area of a large
portion of the state. Lines five hun-
dred miles long are drawn from east
to west and the state is divided into
three districts; and if the people have
a mind to come the entire length of
the state to have their business done,
they can, otherwise the busi-
ness is not attended to. The result
is in many in.stances we have to re-
sort to mob law in order to have any-
thing like law in our part of the
country.

Mr. Chairman, I think it is neces-
sary to have a western man who is
identified w^ith our interests, who
travels around our country and
knows something about the people.
These are my reasons for asking for
a fifth district. We are willing to
take all of that portion of the state
lying west of the sixth principal me-
ridian. We have in the western
part of the state a vast country
rapidly filling up, they have no rep-
resentative in the legislature and no
judge. If you will give us that you
may cut up your little triangular
handkerchief piece as you please. If
you refuse to graLt it we will soon
have a population there which will
speak in tones that will make you
listen.

Mr. MASON. Mr. Chairman. I
believe in giving to every part of the
state sufficient courts to attend to
their business; but when gentlemen
assume to speak for posterity I am

40

JUDICIAL DISTRICTS OF STATE

Wednesday]

ABBOTT— HINMAN

LJuly 26

inclined to think posterity will do
for itself.

Now I can speak for the dis-
trict lying south of the north line of
Otoe county, that no county commis-
sioners have ever asked for a court in
any county in that district but what
it has been had within a short time
after the publication in the paper,
and the business has been done and
dockets kept clean, the labor re-
quired not exceeding more than six-
months in the year. Now this being
the case with three districts and you
add the' fourth district, where I ask,
is the necessity of the fifth? I stand
here to say that I do know that three
judges can do the whole business of
the state and then not labor more
than six or seven moths in the year.
I am in favor of four but I am not in
favor of five districts, but I would
give to the legislature the power to
increase the number whenever they
find any judge over-worked, or any
portion of the people without a court.

Mr. ABBOTT. How long would it
take you to go from Otoe county to
Cheyenne county?

Mr. MASON. By railroad sir, I
think it would take about thirty-six
hours.

Mr. HINMAN. Mr. Chairman. I
wish to call the attention of the com-
mittee to the fact that Cheyenne
county and many other counties, and
much territory in the northwestern
portion of the state is attached no-
where for judicial purposes, it is
left out of this report entirely. In
reply to the gentleman's remarks
about the fostering care of the east,
I will tell you something about what

Lincoln county has done. They have
grappled with that monster corpo-
ration, the U. P. R. R. Co. and beat
them in a suit, and we collected the
taxes of 1869, amounting to about
$36,000.00, a portion of which is now
deposited in the bank at Omaha, to-
wit: about $23,000.00, ready for de-
positing in the state treasury when-
ever settlement is made with the
county commissioners, and the pro-
per time arrives. The R. R. Compa-
ny's attorney, Andrew J. Poppleton,
asked our county commissioners to
wait on the company for the taxes
of 1870 until July 10th. The com-
missioners feeling pretty good and
flush with money consented to wait.
What was the result of that wait-
ing?

On the sixth day of June, 1871, in
the legislature of this state a bill was
introduced by one Gerrard of Platte
county who lives 200 miles from Lin-
coln county, and 350 miles from
Cheyenne county. He introduced a
bill into the senate creating an or-
ganization in the county of Cheyenne,
giving them the right to collect and
receive taxes which had been levied
by Lincoln county for the year 1870,
to the tune of $32,000.00, out of'
$34,000.00 levied, thereby virtually ii
robbing this state of $22,000.00 and '
Lincoln county of $12,000.00 which
had become delinquent.

The U. P. railroad never will pay
Cheyenne county a dollar of that $32, -
000.00, nor do they intend to pay it.
Do you suppose they can keep that
county organized? Its officers have
to file bonds and oaths and they have
to elect officers without which they
cannot keep up their organization.

JUDICIAL DISTRICTS OF STATE

41

Wednesday'

HASCALL

IJuly 26

and I will engage that a man could
go there with a thousand dollars
and burst up the pretended organi-
zation of that county and then where
is your $32,000.00? If this man Ger-
rard had lived in Lincoln county and
•came back with that load on his
shoulders, I am afraid he would have
stretched hemp. The bill was pre-
sented the rules suspended, and it
was rushed through both houses in
one day and approved by the acting
governor. There was no one on
the floor from this county, containing
a belt of territory 300 by 400 miles,
to say anything for us and prevent
this steal. If this is all of the fos-
tering care which is to be extended
over us by the eastern portion of the
state, please to count my constitu-
ency out.

Mr. HASCALL. Mr. Chairman. I
am sorry it becomes my duty to cor-
rect the gentleman from Lincoln
(Mr. Hinman) on several matters. I
am with him on the main proposition
and believe they ought to have a
judicial district out west, still some
propositions he has presented here
are certainly erroneous and calculat-
ed to mislead the minds of gentlemen
present. In the first place the gentle-
man says that the last legislature
created the county of Cheyenne. I
I ask him when he read his statutes
last? If he will read the session
laws of 1867, he will find the county
■of Cheyenne was created at that time.
Now the facts of the case are these.
This county was attached to Lincoln
county for revenue and judicial pur-
poses, that is the reason why they
have been transacting the legal busi-
ness and levying the taxes of Cheyenne

county. I fail to see wherein Lincoln
county has any right to taxes collect-
ed in Cheyenne county. I wish to
say a word for Mr. Gerrard who is
absent. He did not deprive the
state of any of its taxes, nor deprive
Lincoln county of any rights in tax-
es to be collected, but merely ap-
portioning the money to be received
from these taxes equitably between
Cheyenne and Lincoln counties. He
talks about busting, I think it would
be just as easy to crack the Rocky
mountains as burst Cheyenne county.
This same gentleman, he speaks of,
introduced a bill into the legislature
by which Lincoln county was enabled
to pay an attorney they employed to
collect these taxes. If I recollect
right, after the law was passed there
was a little ring formed in Lincoln
county that put its hand deep
into the treasury and took out to the
tune of about $5,000. With regard
to these judicial districts, we want to
enquire in the first place is it unusu-
al or unreasonable. I am prepared
to say the proposition of five districts
is neither unusual nor unreasonable.
The state of Kansas formed a con-
stitution in 1859 which said the state
shall be divided into five judicial dis-
tricts in which judges shall be elect-
ed and hold court. Their population
at that time was less than 100,000.
Here we have, according to the cen-
sus 126,000, and gentlemen will not
deny that we have increased 40,000
since. There are important interests
in connection with Lincoln, Cheyen-
ne and other counties tliat requires
the presence of a judge in that locali-
ty, and I think the interests of the
western portion of the state demand

4^

STATK .irDICIAI. DISTKK TS

Wr<ln<>«il*>

H.\>l AlJ.

[July S6-

lhn( re hhuultl mnki' n dletrlrt out
IhtTf Wr hnvo nl IcnHt rtfty ornn-
nlwHl rounltes. and Jf you dlvld«' them
by nvp. that would make nt least
ten counties for each Judge to attend
to. A term of court should be held
In «'ach county at least once a year
and oftener If necessary. If they
do that their time Is occupied. We
are not makinK a constitution for
this present moment. It must nec-
ewMirlly be ratified this fall. The
Df^reKsltles of the state will certainly
require nil that Is claimed for these
judicial districts, we are looking
ahead to the next spring. This state
has heon very little tinderstood. and I
beli»'vp when It Is fully understood,
when wc bring all the modern ap-
pliances to bear, the western part
of the state Is going to be filled up
with the eastern part. A few^ years
ago It was thought that we required
lhre»' JudgcK to transact our business,
now the population of the settlements
west <if the sixth principal meridian
arc more important than the whole
■tatr was at the time when they
thought three judges could transact
this business. It is an advantage to
have judicial districts well defined.
Iheir limits well understood, courts
e««inli||Hhi>d within thos'' limits and
tboM- judgt'K and jourts getting in
MKtiHMfiil operation transacting biisi-
n«-HM They might be one year in ad-
Tance. kIIII I claim the state Is the
KBlner by It. Hy looking right along
Mils southern line you propose to at-
tach to Hlchnrdson. and Nemaha
rountleH. NuckoIlH, Franklin. Web-
ster and Harlan, and other counties.
And whnt do you prr>pose further?
Vou propone to attach to Otoe and

Cass counties that of Cheyenne,
which is 100 miles away. Now, in
the first district there is no railroad
to gel to distant towns, and in the
second district, if you connect by
railroads, you put the judges to great
expense to reach them, and make the
expense of litigants very great too. I
say it Is necessary to have a western
district, that the people may have a
judge residing among them and'
whom they may reach without great
expense: and that the judge may-
know the different counties in which
to hold court, when to hold it, and
hf)w to hold it. An impartial trial
is a consideration that citizens should
look well to. When we take into
consideration that a state with a
much less population than ours
adopts the five district system, and
this constitution gave power to the
legislature to increase it to as many

, more as they saw fit, and they have
since done so; showing their wisdom
in adopting it. and the necessity of
the increase. There are counties in
the north standard, such as Madison,
Pierce, Wayne and others which

'ought to have courts and it is im-
portant for their material prosperity
that they should have them. I live-
in a river town and represent a river
county, and I believe they would not
object. I do not believe that these-
new counties need any fostering. Let
them do as the older counties did"
before them.

For that reason I hope we will
adopt a fifth district system, and I
think the convention will adopt it.
At any rale, nienihers of this conven-
tion have no right to suppose the con-
vention will do otherwise. The pro-

UNION PACIFIC TAX SUIT

43

Wednesdaj-]

HASCALL— HINMAN

[July 26

position of the friends of the five
district scheme is here, and we can
build from it just as well as to refer
it to a committee. The gentleman
from Otoe, Mr. Scofield, I believe,
submitted a proposition to divide
the state into five districts, and those
counties were well grouped together.
And if that propostion is not satisfac-
tory then we can build on the one of-
fered by the gentleman from Lincoln.
Mr. Hinman. And in the fore part of
the consideration of this article it
was mentioned about establishing
courts in cities. I believe it would
be found, in practice to work bad,
and if the district court in Douglas
county is so crowded with business,
and it is necessary to have another
court then let us have another court
that can dobusiness without hav-
ing one with strange names, and
made for politicians to occupy fat po-
sitions.

Mr. KIRKPATRICK. I rise to
make a motion. I understand there
is no question before the commit-
tee —

The CHAIRMAN. There is. Up-
on the motion of the -gentleman from
Douglas to defer the formation of
the districts.

Mr. HINMAN. Mr. Chairman. I
did not intend to occupy the floor
as long as I have today during the
session of this convention; but there
are some things that need explaining,
with regard to the little ring in Lin-
coln county, spoken of by the gentle-
man from Douglas —

Mr. HASCALL- I did not allude
to the gentleman from Lincoln at
all. I believe he was outside the
ring.

Mr. HINMAN. I am not here
representing B. I. Hinman. I am
representing my constituents and de-
fending them froni foul aspersions;
and among them are the inhabitants
of Cheyenne, Buffalo, Dawson, Lin-
coln and various other counties that
need not be mentioned here. I live
in Lincoln county and I know those
officers are above reproach. Charles
McDonald has been known for years
in this state; longer, perhaps, than
the gentleman from Douglas ever
thought of being known and is a man
of known integrity and responsibili-
ty. M. C. Keith, with his partner,
is probably worth $100,000 and is a
man of integrity. M. H. Brown is
worth from $10,000 to $20,000 and
a most respectable and worthy man;
and these are the commissioners that
he accuses.

To show the plausibility of this
story about a ring let us see what
this attorney hired in the tax case
had to do. The U. P. R. R. Co., has
about 500 miles of railroad in this
state. They own equal to twenty
miles breadth of land the entire
length of the state and that through
the best and longest valley in the
state. This road extends about 700
miles beyond the state with the same
strip of land joining, or connecting
with the Central Pacific in Salt Lake
valley and is worth many millions
of dollars. She is an immense com-
pany. It was necessary for some
county to grapple with this pow-
er, and fight on this tax busi-
ness, and collect it. Lincoln coun-
ty did not wait like other counties
for some one to collect these taxes
for her, but took hold of the matter

-44

UNION PACIFIC TAX SUIT

Wednesday]

HINMAN— HASCALL,

[July 26

and sued them for the taxes. While
she was doing so, Cheyenne county,
to the west, and Dawson, Buffalo,
Hall, Merrick, Colfax, Platte and
TDodge counties on the east, and all
the counties along that line of road
with all their wealth, did not compel
the payment of taxes, but waited
tor us to do it.

Mr. GRAY. Except Dodge county.
She got her money.

Mr. HINMAN. It determined the
■ question whether Lincoln county got
$36,000 a year for years to come
and the state about $24,000 of that
..amount per year in taxes and wheth-
-er that company should or not pay
her taxes for the entire length of her
road in this state. Lincoln county
considered that her best course was
to employ an attorney that was worth
the money, and who could meet the
■company on their own terms and re-
cover the tax. How could she get
such an attorney? Could she pick
up a country pettifogger and pay him
five dollars? She employed an attor-
ney without any agreement as to fees.
When the suit was determined $5,000
was asked. There was some hesita-
tion at first unless the matter should
be followed to the supreme court by
the attorney; but relying on the hon-
or and liberality of their attorney
they paid him the amount asked. I
ask any respectable lawyer in the
state if that fee was too much, consid-
•ering the circumstances? There was
no ring about it. I will vouch for
that and I think that I am good for
the amount. I am astonished to see
the gentleman from Douglas (Mr.
Hascall) squirm, I never have intend-
'«d to cast any suspicion on any gen-

Jeman in this hall and have always
considered all members of that leg-
islature who are on this floor as per-
fectly honorable gentlemen; but I
was astonished to see him rise and
i cast aspersions at random without
knowing what he was talking about.
I am sure that I have not accused
j anyone of selling out to the U. P, R.
! R. Co. The gentleman knows
about as much about Cheyenne coun-
ty as he does of other matters of
which he has spoken and he does not
know much about either of them. He
says Cheyenne county was created,
probably before Lincoln county. I
do not know when the territory call-
ed Cheyenne county was marked out
on the maps, or embodied in the laws
of this state, but I ask him Why he
got in that little article in that law,
stating "that Cheyenne county is
hereby declared to be a duly organiz-
ed county, for judicial and revenue
purposes," and then declare that she
might go on and collect taxes levied
by another county over a year previ-
ous to that organization?

Mr. HASCALL. I did it because
the representatives of that district
said it was necessary.

Mr. HINMAN. Is that the reason?
He voted for it because the represen-
tative told him to do so. I fear that
too many of our senators voted in
that way.

Now, Mr. Chairman, about Cheyen-
ne being entitled to the taxes. This!
tax was levied in July 1870 —

The CHAIRMAN. The gentlemanj
will confine himself to the question.

Mr. HINMAN. This is in reply to
the gentleman from Otoe (Mr. Ma-

NUMBER JUDICIAL DISTRICTS

4:i>

Wednesday]

ROBINSON- LAKE

[July 26

son) concerning their protecting care
of the west and to show that there
was no ring formed in Lincoln coun-
ty and how the legislature
whilst impeaching David Butler for
$15,000 or $20,000 could reach their
long arms 360 miles and steal of
the state and Lincoln county $34,000
and that Lincoln county desired to
be excused from that fostering care.
Mr. ROBINSON. Mr. Chairman. I
want to say a word or two before this
motion is put. I am opposed to de-
ferrnig this matter. I am in favor of
five judicial districts, because three
have been found miserably deficient.
Now, sir, if three districts have an-
swered so well, why is it there is so
much complaint. Here in Lancaster,
we have had, until this year, but one
term of court. Jurors have been in
attendance, witnesses summoned and
most of the expense of having a term
of court was gone through with. It
may be different in the first judicial
district, but in the second judicial
district we certainly have cause to
complain. I undertake to say that,
in another three years, that even with
the wonderful industry and agility
of my friend from Otoe, Judge Ma-
son, one judge cannot do the business
of this district. Perhaps the gentle-
man from Otoe (Judge Mason) was
able to satisfy the people of his dis-
trict where only one term of court
per year was required but when more
terms are required we cannot get on
as we have done. I hope Mr. Chair-
man this motion will not prevail but
the mater will be fixed here and now.
If the gentlemen want to vote in the
convention, vote upon the record we
can have them.

Mr. LAKE. Mr. Chairman. The
Gentleman from Lancaster who was
just upon the floor has made certain
inquiries. I desire to answer them.
He wants to know why they have had
but one court each year in Lancaster
county. On the occasion of two
terms of court here, the members of
the bar of this county — among them
the gentleman himself — requested
me in writing that the court be not
held. The paper was also signed by
the county commissioners. The first
year court was held in this county,
but one term was provided for by
law, and that was held. Other years,
business was not properly attended
to perhaps, but it was caused by the
bad arrangement of the courts, as
provided for by the legislature. On
two occasions, adjourned terms have
been held in order to keep up with the
business, as there was only one week
allowed us to do work which requir-
ed at least two weeks. It seems to
me the responsibility should be plac-
ed where it belongs — upon the legis-
lature. Upon one occasion, the next
week after the Lancaster county
court a term was to be held in Sew-
ard county. It began on Monday and
the gentleman himself, with myself
and others was compelled to go over
to Seward on Sunday. I state right
here, that if the business of this dis-
trict had been properly arranged, it
could have been done by a single
judge. If the terms had been arrang-
ed so that when business commenc-
ed in any one county, it could have
been finished up before going to an-
other county it would have been all
right. There has never been a time
when a term of more than a week

^

46

VOLUME OF COURT BUSINESS

Wednesday]

LAKE-HINMAN

[July 36

could be held in Lancaster county;
it has always been necessary for
court to be held in some other coun-
ty the next week. It is impossible,
of course, for the judge to be at the
county seat of both counties in a sin-
gle day. The courts of Seward and
Saunders counties for 2 years past
have been filed for the same day, by
the legislature. In regard to this
postponement, I am satisfied that no
judicial district can be formed in
committee of the whole in any reas-
onable time. The different proposi-
tions that gentlemen are disposed to
make can be referred to a special
committee appointed to make this
district. When the matter can be re-
ferred again to the committee of the
whole house to consider after the
special committee makes a report.
Now, for the purpose of showing the
amount of business done by the dis-
trict of country represented by the
gentleman from Lincoln, I will refer
to a communication from the audi-
tor. The chief justice has told us he
has been able to perform all the busi-
ness of the first district without dif-
ficulty at all, only laboring about six
or seven months in the year. Now
referring to this report of the audi-
tor, I find that the number of cases
in the single coun